Palm Desert City Council
January 25, 2024

PALM DESERT CITY COUNCIL

MEETING AGENDA

Thursday, January 25, 2024
3:30 p.m.

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

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

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

OPTIONS FOR PARTICIPATING IN THIS MEETING:

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

OPTION 1: VIA EMAIL
Send your comments by email to: [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 first page of this agenda.

3. RECESS TO CLOSED SESSION

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

RECOMMENDATION:

The following items were considered in closed session:

4.a Closed Session Meeting Minutes: January 11, 2024

4.b Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(b)
Number of Cases: 1

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

6. PLEDGE OF ALLEGIANCE
Councilmember Nestande

7. INSPIRATION
Mayor Quintanilla

8. REPORT OF CLOSED SESSION
City Attorney Shah

9. AWARDS, PRESENTATIONS, AND APPOINTMENTS

10. CITY MANAGER COMMENTS

10.a CERTIFIED AUTISM CENTER DESIGNATION

11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION

12. NONAGENDA PUBLIC COMMENTS
This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the first page of the agenda. Because the Brown Act does not allow the City Council to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting.

City Council Meeting

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

RECOMMENDATION:

To approve the consent calendar as presented.

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

HOUSING AUTHORITY MINUTES
9 RECOMMENDATION:

Approve the Minutes of January 11, 2024.

13.b APPROVAL OF WARRANTS 21
RECOMMENDATION:

Approve the warrants issued for the period 1/9/2024 to 1/12/2024.

13.c ACCEPT REASSIGNMENT OF CITY COUNCIL LIAISON TO CULTURAL

RESOURCE PRESERVATION COMMITTEE
41 RECOMMENDATION:

Appoint Mayor Pro Tem Harnik as the City Council Liaison to the Cultural Resource Preservation Committee for the remainder of 2024.

13.d APPROPRIATE FUNDS TO COVER COSTS ASSOCIATED WITH

VARIOUS NECESSARY LIBRARY IMPROVEMENTS
47 RECOMMENDATION:

Authorize Director of Finance to appropriate funds to Account No. 4524136-4400100 in the amount of $692,000.

13.e ADOPT RESOLUTION UPDATING COMMUNITY EVENT SPONSORSHIP

GUIDELINES
49 RECOMMENDATION:

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

THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE
COMMUNITY EVENT SPONSORSHIP POLICY.”

13.f RESOLUTION UPDATING OUTSIDE AGENCY FUNDING PROGRAM

GUIDELINES
85 RECOMMENDATION:

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

OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE
OUTSIDE AGENCY FUNDING PROGRAM GUIDELINES.”
City Council Meeting

13.g AUTHORIZE PURCHASE OF PARAMEDIC UNIT FOR NEW FIRE
STATION 102
103
RECOMMENDATION:

Authorize the purchase of a new paramedic unit for the new Fire Station 102 in an amount not to exceed $303,449.02, pursuant to sections 3.30.160(I) and 3.30.160(J) of the Palm Desert Municipal Code.

1. Authorize Directory of Finance to set aside a 20% contingency in the amount of $60,689.80.

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

3. Authorize the City Manager to execute all documents necessary to effectuate this action.

4. 13.h ACCEPTANCE OF A RESIGNATION FROM THE CIVIC ENGAGEMENT

COMMITTEE
119
RECOMMENDATION:

With regret, accept the resignation of Scott Warmuth from the Civic Engagement Committee.

13.i RECEIVE AND FILE THE ANNUAL LOW- AND MODERATE-INCOME HOUSING ASSET FUND REPORT RELATIVE TO SB 341
121
RECOMMENDATION:

Receive and file the annual Low- and Moderate-Income Housing Asset Fund report relative to SB 341 for the 2022/2023 fiscal year.

14. ACTION CALENDAR
The public may comment on individual Action Items within the three-minute time limit. Speakers may utilize one of the three options listed on the first page of the agenda.

City Council Meeting

14.a PALM DESERT REDISTRICTING 2023: ADOPTION OF AN ORDINANCE

ESTABLISHING CITY COUNCIL ELECTION DISTRICT BOUNDARIES

AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS AND

INTRODUCTION OF AN ORDINANCE ELIMINATING USE OF RANKED

CHOICE VOTING
127
RECOMMENDATION:

Adopt Ordinance No. 1406 entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
AMENDING SECTION 2.38.040 OF THE PALM DESERT

MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS,

DEFINING DISTRICT BOUNDARIES, AND SCHEDULING
ELECTIONS WITHIN THE DISTRICTS.”

1. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,
REPEALING SECTION 2.38.050 OF CHAPTER 2.38 (“GENERAL
MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND
PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE TO

IN ORDER TO ELIMINATE RANKED CHOICE VOTING FOR THE
ELECTION OF MEMBERS OF THE CITY COUNCIL.”

2. 14.b INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A

MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF

EXEMPTION UNDER CEQA
139
RECOMMENDATION:

Adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER

2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE,

ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”

14.c AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY FOR THE SALE OF 45-656 MOUNTAIN

VIEW AVENUE, PALM DESERT
145
RECOMMENDATION:

Authorize the City Manager to execute any and all documents necessary for the sale of 45-656 Mountain View Avenue, Palm Desert.

15. PUBLIC HEARINGS
The public may comment on individual Public Hearing Items within the 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 first page of this agenda.

City Council Meeting

15.a APPROVE THE SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT 98-1 BETWEEN THE CITY OF PALM DESERT AND
MARRIOTT OWNERSHIP RESORTS, INC.
177
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA,

APPROVING THE SECOND AMENDMENT TO THE

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM
DESERT AND MARRIOTT OWNERSHIP RESORTS, INC., CASE
NO. DA 98-1, AMENDMENT NO. 2.”

1. Approve the Second Amendment to the Development Agreement (DA 98-1) between the City of Palm Desert and Marriott
Ownership Resorts, Inc.

2. Authorize the City Manager to execute the Second Amendment to the Development Agreement.

3. Authorize the City Attorney to make necessary, non-monetary changes to the Second Amendment to the Development
Agreement.

4. Authorize adjustment of $1,600,000 to Timeshare Mitigation Revenue Account Number 1100000-3122900.

5. 16. INFORMATION ITEMS

17. ADJOURNMENT
City Council Meeting

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

1 Study Session of the Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Minutes
January 11, 2024, 2:30 p.m.

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

1. CALL TO ORDER - STUDY SESSION
A Study Session of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, January 11, 2024, at 2:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. STUDY SESSION TOPICS

2.a STUDY SESSION: RECEIVE INFORMATION REGARDING THE PROGRESS

OF MUNICIPAL LIBRARY SERVICES AND NEXT STEPS
Director of Library Services Shaffer and Architect Margaret Sullivan narrated a PowerPoint presentation and responded to City Council inquiries.

2.b STUDY SESSION: PROVIDE FEEDBACK FOR THE PALM DESERT

BROADBAND FEASIBILITY AND MASTER PLAN STUDY
Economic Development Director Ceja introduced HR Green representative Ken Price who narrated a PowerPoint presentation and responded to City Council inquiries.

3. ADJOURNMENT
The City Council adjourned the Study Session at 3:29 p.m.

Respectfully submitted,
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary

Palm Desert City Council Meeting Minutes
January 11, 2024
1 Palm Desert City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority
Regular Meeting Minutes
January 11, 2024, 3:30 p.m.

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

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

A Regular Meeting of the Palm Desert City Council was called to order by Mayor Quintanilla on Thursday, January 11, 2024, at 3:30 p.m. in the Council Chamber, City Hall, located at 73-510 Fred Waring Drive, Palm Desert, California.

2. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY
None.

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

4. CLOSED SESSION AGENDA
The following items were considered in closed session:

4.a Closed Session Meeting Minutes: December 14, 2023

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

4.b.1 PROPERTY DESCRIPTION: 72559 HIGHWAY 111, PALM DESERT

4.b.2 PROPERTY DESCRIPTION: DESERT WILLOW LOT PAD B, APN 620- 400-008, -023

4.b.3 PROPERTY DESCRIPTION: DESERT WILLOW LOT PADS C, D, AND E

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

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

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

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

Palm Desert City Council Meeting Minutes
January 11, 2024
2 9. AWARDS, PRESENTATIONS, AND APPOINTMENTS

9.a COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT UPDATE
Doug Walker, Palm Desert's appointee for the Coachella Valley Mosquito & Vector Control District (CVMVCD), introduced Jeremy Witte, CVMVCD General Manager. Mr. Wittie narrated a PowerPoint presentation and responded to City Council inquiries.

10. CITY MANAGER COMMENTS
None.

11. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Councilmembers reported on their attendance at various meetings and events.

Councilmember Trubee reported Palm Desert High School would host a World Guard International competition in March 2024; thanked staff for their work on the recent Fred Waring Drive project. Mayor Pro Tem Harnik reported that the Federal Rail Administration added the CV Rail project to the Federal Corridor Identification and Development program, and CalTrans was awarded a $500,000 grant for project planning. She also encouraged residents to provide input for Connect SoCal. Mayor Quintanilla noted the Palm Desert Area Chamber of Commerce would make labor law posters available to all businesses.

12. NON-AGENDA PUBLIC COMMENTS
Barbara Wasserkrug, Palm Desert resident, spoke about the hazards of chemtrails in the atmosphere.

Ken Seumalo, Public Works Director for City of Indian Wells, thanked the Public Works staff and the Riverside County Sheriff's department for their assistance with traffic control at a recent special event that took place at Southwest Community Church.

13. CONSENT CALENDAR
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
To approve the consent calendar as presented.

Motion Carried (5 to 0)

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

AUTHORITY MINUTES
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the Minutes of December 14, 2023.

Motion Carried (5 to 0)

Palm Desert City Council Meeting Minutes
January 11, 2024
3 13.b APPROVAL OF WARRANTS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Approve the warrants issued for the period 10/31/2023 to 1/4/2024.

Motion Carried (5 to 0)

13.c ADOPT RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT

SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2024, THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED

ACTIONS
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Adopt Resolution No. SA-RDA 102 for Recognized Obligation Payment Schedule and Administrative Budgets for the fiscal period from July 1, 2024, through June 30, 2025, and taking certain related actions.

Motion Carried (5 to 0)

13.d NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM UPDATE (PROJECT NO. CST00004)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Receive and file update on the Neighborhood Traffic Management Program.

Motion Carried (5 to 0)

13.e ACCEPT CONTRACT NO. C44890 WITH HORIZON PROFESSIONAL LANDSCAPE, INC., FOR THE DESERT WILLOW PERIMETER LANDSCAPE

RENOVATION PHASE II PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. 871-23 / CLS00001)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. Accept the Desert Willow Perimeter Landscape Renovation Phase II Project as complete.

2. Authorize the City Clerk to file the Notice of Completion.

Motion Carried (5 to 0)

Palm Desert City Council Meeting Minutes
January 11, 2024
4 13.f ACCEPT CONTRACT NO. C44690 WITH URBAN HABITAT, INC., FOR THE

PORTOLA AVENUE AND MAGNESIA FALLS DRIVE MEDIAN ISLAND

LANDSCAPE INSTALLATION PROJECT AS COMPLETE AND AUTHORIZE THE CITY CLERK TO FILE THE NOTICE OF COMPLETION (PROJECT NO. 937-23/MLS00027)
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. Accept the Portola Avenue and Magnesia Falls Drive Median Island Landscape Installation Project as complete.

2. Authorize the City Clerk to file the Notice of Completion.

Motion Carried (5 to 0)

13.g APPROVE UP TO SEVEN ADDITIONAL TEMPORARY WAIVERS TO PALM DESERT MUNICIPAL CODE SECTIONS 9.58.010 AND 9.58.020 FOR THE

SALE AND CONSUMPTION OF ALCOHOL AT THE HENDERSON BUILDING LOCATED AT 72559 HIGHWAY 111 FOR FISCAL YEAR 2023/2024
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. Authorize the City Manager to approve up to an additional seven temporary event waivers to Palm Desert Municipal Code Sections

9.58.010 and 9.58.020 (Consumption/Possession of Alcoholic Beverages on Public Property) at the Henderson Building (72559 Highway 111) as needed for fiscal year 2023/2024.

2. Authorize the City Manager to execute the California Department of Alcoholic Beverage Control documents or other documents to effectuate the action herein, as required.

Motion Carried (5 to 0)

13.h EXPAND THE UNITE PALM DESERT BICYCLE INCENTIVE PROGRAM

FUNDS TO BE USED BY THE CITY FOR PLACEMENT OF BICYCLE RACKS

ON CITY PROPERTY
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Expand the use of the Unite Palm Desert Bicycle Incentive Program funds to allow the City to purchase and place bicycle racks on public property.

Motion Carried (5 to 0)

Palm Desert City Council Meeting Minutes
January 11, 2024
5 13.i REALLOCATE $5,000 OF UNITE PALM DESERT SECURITY CAMERA

GRANT FUNDS FOR A MISTER SYSTEM GRANT PROGRAM
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. Reallocate $5,000 of Unite Palm Desert Security Camera Grant Program (UPDSC) funds to a mister system grant program that grants up to $500 per commercial business/property owner to purchase and install misters at their location.

2. Authorize the City Manager to execute any and all documents related to a mister system grant program.

Motion Carried (5 to 0)

13.j ACCEPTANCE OF A RESIGNATION FROM THE PUBLIC SAFETY

COMMITTEE AND MARKETING COMMITTEE - APPOINTMENT TO THE

PUBLIC SAFETY COMMITTEE
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. With regret, accept the resignation of Gary Bindman from the Public Safety Committee.

2. With regret, accept the resignation of Erin Scott from the Marketing Committee.

3. Appoint Stephen Nelson to the Public Safety Committee to fill the unscheduled vacancy for the term ending June 30, 2025.

Motion Carried (5 to 0)

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

TO PROMOTE PALM DESERT FOOD AND WINE
Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande
Authorize out-of-state travel for the Public Affairs Manager to travel to New York City to promote Palm Desert Food & Wine at the James Beard House in conjunction with Palm Springs Life and Visit Greater Palm Springs.

Motion Carried (5 to 0)

Palm Desert City Council Meeting Minutes
January 11, 2024
6 14. ACTION CALENDAR

14.a APPROVE A SECOND AMENDMENT TO THE SECOND REVISED AND

RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN

THE CITY OF PALM DESERT AND DESERT WAVE VENTURES, LLC
Economic Development Director Ceja presented a staff report and responded to City Council inquiries.

Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. Approve the Second Amendment to the Second Revised and Restated DDA between the City of Palm Desert and Desert Wave Ventures, LLC.

2. Authorize the Mayor to execute said Agreements.

3. Authorize the City Manager to make non-substantive changes to the Second Amendment to the Second Revised and Restated DDA as needed prior to execution by the Mayor.

4. Authorize the City Manager to draft, negotiate, and execute other supporting agreements that may be required by the DDA.

5. Authorize the City Manager to execute said agreements.

Motion Carried (5 to 0)

14.b AWARD CONTRACT NO. C46970 TO ALTA PLANNING + DESIGN INC. TO

DEVELOP PALM DESERT VISION ZERO STRATEGY IN THE AMOUNT OF $948,920, AND APPROPRIATE $66,980 IN MEASURE A FUND REVENUE (PROJECT NO. GSS00001/CST00018)
Project Manager Gerry presented a staff report and responded to City Council inquiries.

Motion by: Councilmember Kelly
Seconded by: Councilmember Trubee

1. Award Contract No. C46970 to Alta Planning + Design, Inc., of Los Angeles, California, to develop Palm Desert Vision Zero Strategy in the amount of $948,920.

2. Authorize the Finance Director to appropriate funds in the amount $66,980 from unobligated Measure A Fund Balance to Account No. 21343000- 4000910, Safe Routes.

3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.

4. Authorize City Manager or designee to execute agreement and any documents necessary to effectuate actions taken herewith.

Motion Carried (5 to 0)

Palm Desert City Council Meeting Minutes
January 11, 2024
7 14.c REQUEST FOR FEEDBACK AND DIRECTION REGARDING UPDATING

ZONING AND BUSINESS REGULATIONS REGARDING CANNABIS

MANUFACTURING BUSINESSES
Development Services Director Cannone narrated a PowerPoint presentation and responded to City Council inquiries.

Jocelyn Kane, Coachella Valley Cannabis Network (CVCAN) Board Vice President, spoke against staff's recommendation and stated it would not bring additional business to the area, asked that the City Council not be overly reactive to a recent fire at a cannabis-related business.

Scot Rsuczyk, CVCAN Board President, spoke about the desire to balance the need for public safety with allowing businesses to grow, and shared information about their programs and meetings.

Kenneth Churchill, West Coast Cannabis Club and CVCAN Board Member, spoke about his businesses' conformance to the City's regulations and expressed concern regarding potential limitations placed on the retail portion of his businesses.

City Manager Hileman clarified that retail operations at existing microbusinesses are not affected by staff's recommendation, and confirmed that the State of California has shifted the responsibility of inspection, oversight and compliance to the City.

Motion by: Councilmember Kelly
Seconded by: Mayor Pro Tem Harnik
Direct staff to proceed with amendments to the Palm Desert Municipal Code (PDMC) to:
a. Prohibit cannabis manufacturing businesses
b. Add Cannabis Microbusiness as a use that could be permitted through a Conditional Use Permit (CUP) in Service Industrial only with the following use limitations:
i. Limited to one (1) business
ii. No retail storefront, delivery only [Note: cannabis retail is prohibited in SI].
iii. Manufacturing is limited to packaging and labeling. c. Update/clarify any inconsistent code sections.
d. Establish an annual fee of $2,760 for cannabis regulatory permits for Microbusinesses and Distribution businesses to cover the cost of semiannual inspections.

Motion Carried (5 to 0)

Palm Desert City Council Meeting Minutes
January 11, 2024
8 14.d APPROVE THE 2024 LIST OF SOCIAL MEDIA COMMEMORATIONS Public Affairs Manager Soule narrated a PowerPoint presentation and responded to City Council inquiries.

Mayor Quintanilla expressed her opposition to commemorating Columbus Day on social media and support for celebrating Indigenous Peoples' Day.

Motion by: Councilmember Kelly
Seconded by: Councilmember Nestande

1. Direct staff to commemorate Columbus Day and Indigenous Peoples’ Day and sensitively incorporate the comments from the City Council.

2. Approve the list of social media commemorations planned for 2024.

NOES (1): Mayor Quintanilla
Motion Carried (4 to 1)

15. PUBLIC HEARINGS

15.a PALM DESERT REDISTRICTING 2023: PUBLIC HEARING #5 REGARDING REDISTRICTING OF CITY COUNCIL BOUNDARIES – CONSIDERATION OF

ADOPTING A CITY COUNCIL ELECTION DISTRICT BOUNDARIES MAP AND ORDINANCE INTRODUCTION (TO COMMENCE AT 4:30 P.M. OR SOON

THEREAFTER)
Mayor Quintanilla opened the public hearing.

City Clerk Mejia narrated a PowerPoint presentation and responded to City Council inquiries.

Michael Stafford, Palm Desert resident, spoke in opposition to Map 109 Renumbered B, and requested the introduction of Map 102c as an additional focus map.

Debbie Green, Palm Desert resident, spoke in favor of introducing Map 102c as an additional focus map and in opposition to Map 109 Renumbered B.

Mayor Quintanilla closed the public hearing, there being no other member of the public wishing to speak.

Mayor Kelly thanked the City Clerk for his guidance through the process, and thanked all residents for their participation. She assured residents that the City Council has been monitoring the school boundary issue for a number of years, and established a subcommittee to work with the school districts to determine if the boundaries could be redrawn and learned it could not easily be done due to funding issues for each school district. She also noted District 4 Fred Waring Drive as a major commuter artery, and noted similar traffic safety issues on Fred Waring Drive, Cook Street, and commuter difficulties at the north end of the District 4, demonstrating a community of interest surrounding traffic issues.

Palm Desert City Council Meeting Minutes
January 11, 2024
9 Mayor Pro Tem Harnik noted that District 4 also shares a unique border with Indian Wells in addition to the traffic issues on Fred Waring Drive.

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

1. Adopt “Map 109 Renumbered B” as the City Council election district boundaries map.

2. Introduce Ordinance No. 1406 entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM DESERT MUNICIPAL CODE

RELATED TO BY-DISTRICT ELECTIONS, DEFINING DISTRICT

BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE
DISTRICTS.”
Motion Carried (5 to 0)

16. INFORMATION ITEMS

17. ADJOURNMENT
The City Council adjourned at 6:07 p.m.

18. PUBLIC NOTICES
_________________________
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
_________________________
Anthony J. Mejia, MMC
City Clerk/Secretary

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/9/2024 - 1/9/2024
City of Palm Desert
Account Number
W1 00001083 01/09/2024 ZATARAIN, ABEL 5764192 4119000 RETIREE HEALTH STIPEND Februar 2/2/2024 1,360.50 Examined and Approved Total For Bank ID - W1
1,360.50 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 01/09/2024 Page 1
City & Housing
DocuSign Envelope ID: F45BC462-DBBE-4833-A6E9-BE19F085FD7A

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/11/2024 - 1/11/2024
City of Palm Desert
Account Number
W1 00001084 01/11/2024 DEPARTMENT OF HEALTH CARE SERVICES2304220 4304500 PP-GEMT Program NPI 1083117741 2024-1 78,919.25 Examined and Approved Total For Bank ID - W1
78,919.25 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 01/11/2024 Page 1
City and Housing
DocuSign Envelope ID: B3398F0A-CC79-4FC0-B5DD-7B133CC0712E

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 00001085 01/12/2024 CITY OF PALM DESERT 4414195 4809200 ELEC23-0119 INSPECTION FEES INV-3772 453.00 W1 00001085 01/12/2024 CITY OF PALM DESERT 4414195 4809200 TRASH ENCLOSURE PERMIT FEES INV-3727 290.00 W1 00001086 01/12/2024 DECKARD TECHNOLOGIES INC 1104422 4309000 STR Monthly Fee Nov 2023 1457 5,783.33 W1 00001087 01/12/2024 DESERT PUBLICATIONS INC 1104417 4322200 PARTY IN THE PARK PS LIFE ADVR 993598 5,000.00 W1 00001088 01/12/2024 ENTERPRISE HOLDINGS INC 1104210 4304200 FY 23/24 car rentals for Rivco 34822936 1,707.08 W1 00001089 01/12/2024 FEDERAL EXPRESS CORP. 8734195 4366000 Fedex Housing 8-321-16170 LFee 9-665-02315 22.72 W1 00001090 01/12/2024 FG CREATIVE INC 2714491 4321500 PSL Stand Alone - #993642 10196 1,800.00 W1 00001090 01/12/2024 FG CREATIVE INC 2714491 4321500 Website: Monthly update#993644 10196 250.00 W1 00001090 01/12/2024 FG CREATIVE INC 2714491 4321500 PSL Nov issue; FP ad #98199 10196 4,395.00 W1 00001090 01/12/2024 FG CREATIVE INC 2714491 4321500 PSL Digital Newsletters#993665 10196 1,800.00 W1 00001090 01/12/2024 FG CREATIVE INC 2714491 4321500 Monthly updates, Dec #993664 10196 250.00 W1 00001090 01/12/2024 FG CREATIVE INC 2714491 4321500 PSL Dec issue; FP ad#98576 10196 4,395.00 W1 00001090 01/12/2024 FG CREATIVE INC 2714491 4321500 Print/Magazine: Catalogu#98614 10196 250.00 W1 00001091 01/12/2024 FIRSTCHOICE COFFEE SERVICE 1104330 4219000 COFFEE, KITCHEN SUPPLIES 734585 102.18 W1 00001091 01/12/2024 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 COFFEE AND KITCHEN SUPPLIES 732557 120.00 W1 00001092 01/12/2024 HIGH TECH IRRIGATION INC. 1104614 4337001 IRRIGATION SUPPLIES - MAGNESIA 773875 63.43 W1 00001093 01/12/2024 HORIZON PROFESSIONAL LANDSCAPE 2994374 4332100 R/M IRRIGATION - PDCC 6605 295.75 W1 00001094 01/12/2024 HR GREEN PACIFIC INC 2134250 5000906 PROVIDE TRAFFIC ENGINEERING AN 170235 11,147.50 W1 00001094 01/12/2024 HR GREEN PACIFIC INC 4414195 4809200 DW TEE BOX LEVELING 170234 1,690.00 W1 00001095 01/12/2024 IDEAPEDDLER LLC 1104417 4309000 Pocket Guide Shoot Recap 2348 25,000.00 W1 00001095 01/12/2024 IDEAPEDDLER LLC 1104417 4309000 Pocket Guide Storyboard 2323 15,000.00 W1 00001096 01/12/2024 INTERWEST CONSULTING GROUP INC. 2334670 5000201 NORTH SPHERE PARK - 185461 89,452.00 W1 00001097 01/12/2024 KIMLEY-HORN AND ASSOCIATES INC. 2134250 5000907 TRAFFIC OPERATION - AMEND 2 26784850-1 33,021.07 W1 00001098 01/12/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 9 LANDSCAPE MAINT - MEDIAN 105263 24,745.40 W1 00001098 01/12/2024 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA 1 MONTHLY LANDSCAPE MAINT 105278 41,125.38 W1 00001098 01/12/2024 MARIPOSA LANDSCAPES INC 1104614 4392101 LANDSCAPE MAINT - ENTRADA DEL 105263 5,040.80 W1 00001099 01/12/2024 MICHAEL BAKER INTERNATIONAL INC 2134633 5000103 ENG SRVS - BIKE / PED P565-21 1198538 18,356.25 Report Date 01/12/2024 Page 1
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 00001099 01/12/2024 MICHAEL BAKER INTERNATIONAL INC 2134633 5000103 ENG - BIKEWAY AND PED IMP 1196967 23,367.20 W1 00001100 01/12/2024 NEOGOV 1104190 4362001 HR SOFTWARE GOVJOBS.COM & INSI INV-36964 4,720.73 W1 00001100 01/12/2024 NEOGOV 1100000 1430100 HR Software exp 12/09/24 INV-36964 3,372.03 W1 00001101 01/12/2024 NV5 INC 1104159 4309000 NORTH SPHERE DRY UTILITY 365079 1,867.00 W1 00001102 01/12/2024 OTIS ELEVATOR CO 1104330 4309000 ELEVATOR SVC - CORPYARD 644373 1,711.52 W1 00001102 01/12/2024 OTIS ELEVATOR CO 5104195 4369500 ELEVATOR SVC SHERIFF SUBSTAT 100401367550 210.05 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104330 4309000 3 WATER DISPENSERS - CORPYARD 1557548 223.05 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104330 4309000 3 WATER DISPENSERS - CORPYARD 1580617 223.05 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104330 4309000 LATE FEE - CORPYARD 1580617 34.67 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104340 4309000 3 WATER DISPENSERS - CITY HALL 1557548 223.05 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104340 4309000 3 WATER DISPENSERS - CITY HALL 1580617 223.05 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104340 4309000 LATE FEE - CITY HALL 1580617 34.67 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104344 4309000 1 WATER DISPENSER - PORTOLA CC 1557548 74.35 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 1104344 4309000 1 WATER DISPENSER - PORTOLA CC 1580617 74.35 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 2304220 4331000 3 WATER DISPENSERS - FIRE STAT 1557548 223.05 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 2304220 4331000 3 WATER DISPENSERS - FIRE STAT 1580617 223.05 W1 00001103 01/12/2024 PURE WATER PARTNERS LLC 2304220 4331000 LATE FEE - FIRE STATIONS 1580617 34.66 W1 00001104 01/12/2024 SAME DAY EXPRESS 4364650 4337200 Maintenance of City's permanen 010124 4,600.00 W1 00001105 01/12/2024 SANT MADE 1104190 4362001 Website Hosting & Maintenance 2826 700.00 W1 00001106 01/12/2024 STAPLES BUSINESS ADVANTAGE 1104150 4211000 Dry Erase C.Ortega Boxes Files 3555389396 183.65 W1 00001106 01/12/2024 STAPLES BUSINESS ADVANTAGE 1104159 4211000 3 pk Scissors 3555389396 16.86 W1 00001106 01/12/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 3551955357 33.61 W1 00001106 01/12/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 3552397810 56.94 W1 00001106 01/12/2024 STAPLES BUSINESS ADVANTAGE 1104300 4211000 OFFICE SUPPLIES - CITY HALL 3552850185 47.29 W1 00001107 01/12/2024 VINTAGE ASSOCIATES 1104611 4391000 LMA 16 EXTRA WORK - COMM GAR 230366 4,837.61 W1 02001678 01/12/2024 ABRAHAM LINCOLN SCHOOL 1104800 4389201 MOU FOR AFTERSCHOOL CARE PROGR C41740B-3 75,000.00 W1 02001679 01/12/2024 ACCURATE FIRST AID SERVICES 1104330 4219000 FIRST AID SUPPLIES - CORPYARD C-2266 127.78 Report Date 01/12/2024 Page 2
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001680 01/12/2024 ADVANTEC CONSULTING ENGINEERS 2134385 5000911 DESIGN SRVS - COOK TRAFFIC SIG 9803-0277-05 14,875.00 W1 02001681 01/12/2024 AIR & HOSE SOURCE INC 1104310 4219000 STREET MAINT SUPPLIES 536733 401.29 W1 02001681 01/12/2024 AIR & HOSE SOURCE INC 1104310 4219000 STREET MAINT SUPPLIES 536910 1,639.71 W1 02001682 01/12/2024 ALL COLOR GROWERS INC 1104610 4332001 ANNUAL COLOR - CC PARK 2023-472 1,540.83 W1 02001682 01/12/2024 ALL COLOR GROWERS INC 1104614 4337001 ANNUAL COLOR FLOWERS -EL PASEO 2023-472 26,614.25 W1 02001683 01/12/2024 ANDERSON COMMUNICATION INC 1104310 4365000 DEC23 RADIO REPEATER SERVICE 20130B 250.00 W1 02001684 01/12/2024 ARMSTRONG GROWERS 1104340 4331000 POINSETTIAS SI-299113 792.07 W1 02001685 01/12/2024 AT&T 1104210 4304200 T232910107 Tracking 489235 95.00 W1 02001686 01/12/2024 BILLER CONTENT INC 4364650 4309200 Film Series Jan 01242024 250.00 W1 02001687 01/12/2024 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 FY 23/24 Maintenance and repai 5043827 89.18 W1 02001687 01/12/2024 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 FY 23/24 Maintenance and repai 6034852 301.43 W1 02001687 01/12/2024 BMW MOTORCYCLE OF RIVERSIDE 1104210 4334000 FY 23/24 Maintenance and repai 6034977 1,402.20 W1 02001688 01/12/2024 BRIAN K. STEMMER CONSTRUCTION 4504161 4400100 PW OFFICE CONSTRUCTION 5889 24,950.00 W1 02001689 01/12/2024 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP East 433101-01/24 8,439.96 W1 02001689 01/12/2024 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP West 433104-01/24 7,035.40 W1 02001689 01/12/2024 BURRTEC 5104195 4369601 73710 FW TRASH PICKUP SRV 208162-01/24 482.75 W1 02001689 01/12/2024 BURRTEC 5104195 4369602 73720 FW TRASH PICKUP SRV 208189-01/24 350.87 W1 02001690 01/12/2024 C A C E O 1104422 4312000 CACEO webinar 1.25.24 DMora 200027530 54.00 W1 02001690 01/12/2024 C A C E O 1104422 4312000 CACEO Webinar2.21.24 J.Centeno 200027615 54.00 W1 02001691 01/12/2024 CAPPO 1104150 4363000 J.Ramont 24CAPPO Member 300013608 140.00 W1 02001691 01/12/2024 CAPPO 1104150 4363000 C.Ortega 24CAPPO Member 300013228 140.00 W1 02001691 01/12/2024 CAPPO 1104150 4363000 J.Barron 24CAPPO Member 300013600 140.00 W1 02001692 01/12/2024 CASC ENGINEERING AND CONSULTING INC1104300 4309000 MS4 / NPDES SUPPORT 0049987 902.00 W1 02001693 01/12/2024 CASH, PETTY 1104250 4312000 10/16/23 ITS Ca Conference 101623-BA 27.00 W1 02001693 01/12/2024 CASH, PETTY 1104300 4211000 10/10/23 Monitor stand/Door Si 101023-BE 60.43 W1 02001693 01/12/2024 CASH, PETTY 1104300 4211000 11/30/23 All supervisor Mtg 113023-MA 53.67 W1 02001693 01/12/2024 CASH, PETTY 1104300 4211000 09/28/23 labels 092823-CG 32.31 Report Date 01/12/2024 Page 3
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001693 01/12/2024 CASH, PETTY 1104300 4211000 12/19/23 MG Retirement 121923-BE 16.26 W1 02001693 01/12/2024 CASH, PETTY 1104300 4312500 10/14/23 Lunch Landscape Callo 101423-MA 65.30 W1 02001693 01/12/2024 CASH, PETTY 1104300 4312500 10/06/23 Project Update Mtg 100623-MA 91.47 W1 02001693 01/12/2024 CASH, PETTY 1104300 4312500 12/13/23 Cartgraph Training 121323-MP 26.91 W1 02001693 01/12/2024 CASH, PETTY 1104331 4334000 12/11/23 DMV Fees Trailer#101 121123-DR 25.53 W1 02001693 01/12/2024 CASH, PETTY 1104614 4219000 10/19/23 Holiday Light Tripper 101923-MA 22.56 W1 02001693 01/12/2024 CASH, PETTY 2774373 4332100 11/30/23 Key tags PP e/w 113023-VM 33.91 W1 02001694 01/12/2024 CBRE INC 8734195 4309000 FYE23. Appraisal of vacant pa 0043046-1-23 4,000.00 W1 02001695 01/12/2024 CITY CLERKS ASSOCIATION 1104111 4312000 M. Nance CMC Training 200002903 400.00 W1 02001696 01/12/2024 CITY OF RANCHO MIRAGE 2294210 4391400 SHERIFF EQUIPMENT PURCH FARO T 136 37,016.92 W1 02001697 01/12/2024 COACHELLA VALLEY ASSOCIATION 2384515 4363000 FY23/24 1ST QUARTER AB2766 CV24083-23 13,499.83 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104330 4351000 1052 CORPORATION YARD 315177847704DC23 517.16 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 44911 Cabrillo Avenue 712257390932DC23 75.07 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 (A) 1057 City Hall 315187847714DC23 242.05 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 72880 Hwy 111 - Fire Meter 800643444692DC23 99.84 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 72880 Hwy 111 - Fire Meter 800645741286DC23 86.99 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 45656 Mountain View 788901403140DC23 15.98 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 45653 Portola Ave 792875403120DC23 62.49 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104340 4351000 72780 HWY 111 (Sears) 815043444678DC23 101.41 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104344 4351000 (B) 1057 Portola CC 315187847714DC23 426.70 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104610 4351000 1093 CIVIC CENTER PARK 315245847772NV23 5,875.69 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104610 4351000 1093 CIVIC CENTER PARK 315245847772DC23 4,917.49 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 1054 CITY PARKS 315181847708DC23 1,296.16 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 1131 HOVLEY SOCCER PARK 315303847830DC23 1,167.29 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 10049 FREEDOM PARK 315491848018DC23 801.29 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 10364 HOVLEY SOCCER PARK 316695849222DC23 2,062.37 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104611 4351000 72440 Painters Path - Bump 681389846188DC23 27.87 Report Date 01/12/2024 Page 4
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 74735 Hovley Lane E - Soccer 127363385426DC23 103.59 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1051 ST MEDIANS "4" 315175847702DC23 2,138.86 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1055 ST MEDIANS "5" 315183847710DC23 6,742.11 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1089 MEDIANS 315239847766DC23 2,391.93 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 1149 ST MEDIANS NORTH 586651849912DC23 183.03 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 1104614 4351000 10528 Entrada /Eric Johnson 317287849814DC23 349.74 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2304220 4351000 44400 Town Ctr - FS 33 163253444356DC23 132.33 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2304220 4351000 73200 Mesa View Dr FS 67 176281476314DC23 481.24 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2304220 4351000 73995 Country Club FS71 122335377974DC23 347.53 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2424549 4351000 1141 AQUATIC CENTER 512541849896DC23 656.18 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2734680 4351000 D. 1088 Desert Mirage (Cook) 315237847764DC23 85.62 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2734682 4351000 13 1050 Primrose II 315173847700NV23 45.03 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2734682 4351000 13 1050 Primrose II 315173847700DC23 51.48 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754643 4351000 1 1050 Diamondback 315173847700NV23 35.19 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754643 4351000 1 1050 Diamondback 315173847700DC23 129.86 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754680 4351000 18 1050 Monterey Meadows 315173847700NV23 47.69 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754680 4351000 18 1050 Monterey Meadows 315173847700DC23 51.58 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754681 4351000 17 1050 The Glen 315173847700NV23 43.80 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754681 4351000 17 1050 The Glen 315173847700DC23 45.03 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754682 4351000 2 1050 Hovley Estates 315173847700NV23 29.04 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754682 4351000 15 1050 Hovley Estates 315173847700NV23 30.27 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754682 4351000 2 1050 Hovley Estates 315173847700DC23 29.04 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754682 4351000 15 1050 Hovley Estates 315173847700DC23 31.50 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 1050 Sonata I 315173847700NV23 48.92 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 1050 Sonata I 315173847700DC23 55.37 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754684 4351000 20 1050 Sonata II 315173847700NV23 67.80 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754684 4351000 20 1050 Sonata II 315173847700DC23 67.80 Report Date 01/12/2024 Page 5
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754685 4351000 16 1050 Hovley Collection 315173847700NV23 37.65 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754685 4351000 21 1050 Hovley Collection 315173847700NV23 29.04 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754685 4351000 16 1050 Hovley Collection 315173847700DC23 37.65 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754685 4351000 21 1050 Hovley Collection 315173847700DC23 29.04 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754686 4351000 5 1050 La Paloma I 315173847700NV23 30.27 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754686 4351000 19 1050 La Paloma I 315173847700NV23 30.27 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754686 4351000 5 1050 La Paloma I 315173847700DC23 30.27 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754686 4351000 19 1050 La Paloma I 315173847700DC23 29.04 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 1050 La Paloma II 315173847700NV23 64.23 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 1050 La Paloma II 315173847700DC23 60.54 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754693 4351000 3 1050 La Paloma III 315173847700NV23 37.65 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754693 4351000 3 1050 La Paloma III 315173847700DC23 36.42 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754694 4351000 7 1050 Sandpiper 315173847700NV23 71.61 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754694 4351000 7 1050 Sandpiper 315173847700DC23 70.38 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754695 4351000 8 1050 Sandpiper 315173847700NV23 61.77 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754695 4351000 8 1050 Sandpiper 315173847700DC23 60.54 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754696 4351000 4 1050 Hovley Court West 315173847700NV23 33.96 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754696 4351000 4 1050 Hovley Court West 315173847700DC23 119.95 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754697 4351000 14 1050 Palm Court 315173847700NV23 40.11 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2754697 4351000 14 1050 Palm Court 315173847700DC23 49.02 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2764374 4351000 10561 HAYSTACK 330559849954DC23 2,681.42 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 (3) 1056 Presidents Plaza 315185847712DC23 2,085.65 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 (5) 1056 Presidents Plaza 315185847712DC23 524.37 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 Larkspur Ln - Fire Meter 797761405428DC23 86.99 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 Portola Ave - Fire Meter 797755405410DC23 86.99 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 San Luis Rey Ave - Fire Meter 797759405418-D23 86.99 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2774373 4351000 San Luis Rey Ave - Fire Meter 797757405414DC23 86.99 Report Date 01/12/2024 Page 6
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2784374 4351000 (1) 1056 Vineyards 315185847712DC23 36.59 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2784374 4351000 (7) 1056 Vineyards 315185847712DC23 103.01 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 Waring Court 315173847700NV23 29.05 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 Waring Court 315173847700NV23 -182.16 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 Waring Court 315173847700DC23 33.96 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2804374 4351000 11 1050 Palm Gate 315173847700NV23 36.42 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2804374 4351000 11 1050 Palm Gate 315173847700DC23 35.19 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2814374 4351000 (4) 1056 The Grove 315185847712DC23 307.65 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2824373 4351000 (2) 1056 Presidents Plaza 3 315185847712DC23 53.64 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2824373 4351000 (8) 1056 Presidents Plaza 3 315185847712DC23 61.19 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2834374 4351000 (6) 1056 Portola Place 315185847712DC23 39.05 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2854374 4351000 C. 1088 Kaufman 315237847764DC23 43.80 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2864374 4351000 10 1050 Canyon Crest 315173847700NV23 47.49 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2864374 4351000 10 1050 Canyon Crest 315173847700DC23 45.03 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 College View Estates I 315237847764DC23 115.71 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. 1088 The Boulders (Shepherd 315237847764DC23 37.65 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. 1088 Sundance W (Kokopelli) 315237847764DC23 42.57 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. 1088 Petunia Place 1 (Petun 315237847764DC23 60.54 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2874683 4351000 A. 1088 Sundance E. (Shepherd 315237847764DC23 64.23 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 315237847764DC23 114.28 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2994374 4351000 9 1050 PDCC 315173847700NV23 272.03 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 2994374 4351000 9 1050 PDCC 315173847700DC23 177.23 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 5104195 4369601 (1) 1161 - 73710 FW 652499886934DC23 106.43 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 5104195 4369601 (3) 1161 - 73710 FW FP 652499886934DC23 86.99 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 5104195 4369602 (2) 1161 - 73720 FW 652499886934DC23 72.95 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 5104195 4369800 (4) 1161 - 72559 Hwy 111 652499886934DC23 156.96 W1 02001698 01/12/2024 COACHELLA VALLEY WATER DIST. 5104195 4369800 (5) 1161 - 72559 Hwy 111 FP 652499886934DC23 40.65 Report Date 01/12/2024 Page 7
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001700 01/12/2024 CONSERVE LANDCARE INC 1104159 4219100 August '23 Weather Event: Medi 254319 8,268.60 W1 02001700 01/12/2024 CONSERVE LANDCARE INC 1104611 4332001 LANDSCAPE REHAB - PARKS 254316 4,194.90 W1 02001701 01/12/2024 CONSOLIDATED ELECTRICAL 1104610 4332100 ELECT / LIGHTING - CC PARK 5725-1090319 4,148.38 W1 02001701 01/12/2024 CONSOLIDATED ELECTRICAL 1104614 4332501 ELECTRIC - SAN PABLO ART PIECE 5725-1103923 514.68 W1 02001702 01/12/2024 CSMFO 1104150 4312000 CSMFO Annual Conf V.Chavez 24 200019235 515.00 W1 02001703 01/12/2024 DATA TICKET INC 1104422 4309000 PARKING TICKET PROCESS- NOV23 159100 177.00 W1 02001704 01/12/2024 DEPARTMENT OF JUSTICE 1104210 4390400 FY 23/24 Blood alcohol analysi 703829 280.00 W1 02001705 01/12/2024 DESERT FIRE EXTINGUISHER 1104340 4309000 R/M FIRE SYSTEM - CITY HALL 12472519 63.57 W1 02001705 01/12/2024 DESERT FIRE EXTINGUISHER 5104195 4369601 R/M FIRE SYSTEM - PARKVIEW BLD 12476689 866.62 W1 02001705 01/12/2024 DESERT FIRE EXTINGUISHER 5104195 4369800 R/M FIRE SYSTEM - HENDERSON 12474258 100.93 W1 02001705 01/12/2024 DESERT FIRE EXTINGUISHER 5104195 4369800 R/M FIRE SYSTEM - HENDERSON 12476221 118.54 W1 02001706 01/12/2024 DESERT RECREATION DISTRICT 1104344 4309000 PARKS / REC SRVS - PORTOLA CC 3567 9,118.87 W1 02001706 01/12/2024 DESERT RECREATION DISTRICT 1104610 4309200 PARK SRVS - CIVIC CENTER PARK 3566 44,124.46 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104610 4332001 RODENT/GOPHER CONTROL - CC PAR 2088 250.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104610 4332001 RODENT/GOPHER CONTROL - CC PAR 2089 250.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104610 4332001 RODENT/GOPHER CONTROL - CC PAR 2162 250.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104610 4332001 RODENT/GOPHER CONTROL - CC PAR 2405 290.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4332001 GOPHER/RODENT CONTROL - PARKS 2088 215.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4332001 GOPHER/RODENT CONTROL - PARKS 2089 215.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4332001 GOPHER/RODENT CONTROL - PARKS 2162 215.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4332001 GOPHER/RODENT CONTROL - PARKS 2405 275.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4391000 RODENT/GOPHER CONTROL - GARDEN 2088 60.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4391000 RODENT/GOPHER CONTROL - GARDEN 2089 60.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4391000 RODENT/GOPHER CONTROL - GARDEN 2162 60.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104611 4391000 RODENT/GOPHER CONTROL - GARDEN 2405 80.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104614 4392101 RODENT/GOPHER CONTROL - ENTRAD 2088 110.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104614 4392101 RODENT/GOPHER CONTROL - ENTRAD 2089 110.00 Report Date 01/12/2024 Page 8
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104614 4392101 RODENT/GOPHER CONTROL - ENTRAD 2162 110.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 1104614 4392101 RODENT/GOPHER CONTROL - ENTRAD 2405 130.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 2854374 4332100 RODENT/GOPHER CONTROL - K/B 2088 60.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 2854374 4332100 RODENT/GOPHER CONTROL - K/B 2089 60.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 2854374 4332100 RODENT/GOPHER CONTROL - K/B 2162 60.00 W1 02001707 01/12/2024 DESERT TREE SPRAYING 2854374 4332100 RODENT/GOPHER CONTROL - K/B 2405 80.00 W1 02001708 01/12/2024 DISABILITY ACCESS CONSULTANTS 1104159 4309000 ADA CONSULTANT SERVICES 23-275 2,925.00 W1 02001709 01/12/2024 DR HYDRAULICS INC 2304220 4331000 COMPRESSOR SERVICE - FS#33 2954 971.31 W1 02001709 01/12/2024 DR HYDRAULICS INC 2304220 4331000 COMPRESSOR SERVICE - FS#71 2955 971.31 W1 02001709 01/12/2024 DR HYDRAULICS INC 2304220 4331000 COMPRESSOR SERVICE - FS#67 2956 971.31 W1 02001710 01/12/2024 DRAGON'S EXTERMINATOR 1104610 4331000 PEST CONTROL - CC PARK 89232657 50.00 W1 02001710 01/12/2024 DRAGON'S EXTERMINATOR 1104611 4331000 PEST CONTROL - PARK BLDGS 89232657 180.00 W1 02001710 01/12/2024 DRAGON'S EXTERMINATOR 1104611 4391000 PEST CONTROL - COMM GARDENS 89232657 10.00 W1 02001711 01/12/2024 ENGINEERING RESOURCES 2354270 4400100 ENG SRVS - NS FIRE STATION 59714 3,191.50 W1 02001712 01/12/2024 ETCH THIS AND THAT 1104111 4306300 BCC Clocks-Small 10677 272.17 W1 02001713 01/12/2024 FOSTER GARDNER INC. 1104610 4332001 TREE FERTILIZER - CC PARK 274171 490.81 W1 02001713 01/12/2024 FOSTER GARDNER INC. 1104611 4332001 FERTILIZER - PARKS 274694 3,423.34 W1 02001714 01/12/2024 GALLS LLC 1104211 4306001 COPS Uniforms 026479357 85.33 W1 02001715 01/12/2024 GARLAND/DBS INC 1104800 4388500 R/M ROOF - ARTISTS CENTER 42785245068 8,067.00 W1 02001716 01/12/2024 GLADWELL GOVERNMENTAL SERVICES INC. 1104111 4309000 REC MGMT Legal Review 23-24 5314 350.00 W1 02001717 01/12/2024 HAMMER PLUMBING AND PUMPING 1104611 4331000 CAHUILLA RESTROOM PUMP SRV 33719-1 395.00 W1 02001718 01/12/2024 HERITAGE LANDSCAPE 1104614 4337001 IRRIG SUPPLIES - MAG MEDIANS 0012234116-001 51.68 W1 02001719 01/12/2024 HERITAGE LANDSCAPE 1104611 4219000 IRRIGATION TOOLS - HOVLEY 0012957615-001 24.00 W1 02001719 01/12/2024 HERITAGE LANDSCAPE 1104611 4332001 IRRIG SUPPLIES - MAGN FALLS 0013205968-003 1,134.35 W1 02001719 01/12/2024 HERITAGE LANDSCAPE 1104611 4332001 IRRIG SUPPLIES - FREEDOM PARK 0013290737-002 116.62 W1 02001719 01/12/2024 HERITAGE LANDSCAPE 1104614 4219000 IRRIGATION TOOLS - MEDIANS 0013536073-001 63.54 W1 02001719 01/12/2024 HERITAGE LANDSCAPE 1104614 4337001 IRRIG SUPPLIES - MAGN FALLS DR 0013205968-001 257.66 Report Date 01/12/2024 Page 9
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001720 01/12/2024 HORIZON LIGHTING INC. 1104340 4331000 R/M ELECT / LIGHT - CITY HALL 336124 1,543.54 W1 02001720 01/12/2024 HORIZON LIGHTING INC. 2304220 4331000 ELECT/LIGHTING - FS #71 336324 11,497.13 W1 02001721 01/12/2024 I I M C 1104111 4363000 Lomeli Mem. Ren+ Late Fee 39414-MLOMELI 140.00 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50155642-DC23 166.49 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 S/W COR CC WSH 50155645-DC23 25.34 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 40996 WASH ST TRF SIGNAL 50524526-DC23 119.65 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Shopper 50087402-DC23 54.92 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087411-DC23 51.73 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 72800 Dinah Shore Drive 50087423-DC23 74.72 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterrey 50087432-DC23 87.32 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-DC23 56.53 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087452-DC23 79.52 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37998 Gerald Ford Dr 50514026-DC23 47.53 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37996 Gerald Ford Dr Signal LT 50514028-DC23 69.52 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75396 Frank Sinatra Dr 50540835-DC23 54.92 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-DC23 38.14 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 50540840-DC23 57.73 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 33108 Mont Safety Lt 50650535-NV23 148.56 W1 02001722 01/12/2024 IMPERIAL IRRIGATION DISTRICT 1104614 4351400 34249 Monterey Ave 50488446-DC23 19.54 W1 02001723 01/12/2024 INTERNATIONAL CODE COUNCIL 1104420 4362000 ICC 21 CMMNTRY COMBO CODE BKS 1001795461 624.52 W1 02001724 01/12/2024 JOVANNI JIMENEZ 1104420 4312000 REIMB-J JIMENEZ ICC RESI CERT 101675247 230.00 W1 02001725 01/12/2024 JUNK EXPRESS, THE 1104422 4305500 Abatement Case no. 23-2352 210409 325.00 W1 02001726 01/12/2024 KARTAL CORPORATION, THE 1104211 4306001 COPS Car Washes 020124-1 204.98 W1 02001727 01/12/2024 KINCAID INDUSTRIES INC 1104610 4331000 R/M PLUMBING - CC PARK 5282 985.33 W1 02001727 01/12/2024 KINCAID INDUSTRIES INC 1104610 4331000 R/M PLUMBING - CC PARK 5283 450.00 W1 02001727 01/12/2024 KINCAID INDUSTRIES INC 1104611 4331000 R/M PLUMBING - HOVLEY 5285 352.12 W1 02001728 01/12/2024 KOA CORPORATION 2134327 5000903 ENG - HAYSTACK TRAFFIC CALMING JC22036-20 1,222.08 Report Date 01/12/2024 Page 10
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001729 01/12/2024 LA PRENSA HISPANA 1104111 4321000 PDHA Legal Advertising 884 400.00 W1 02001729 01/12/2024 LA PRENSA HISPANA 1104114 4309000 Redistricting Hearing Notice 880 675.00 W1 02001730 01/12/2024 LOCK SHOP INC. 1104330 4219000 KEYS - CORP YARD BB10558402 3.18 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 1104340 4331000 BLDG SUPPLIES - CITY HALL 971257-110123 155.72 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 1104611 4219000 LANDSCAPE SUPPLIES - FREEDOM 994489-111723 92.00 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 5104195 4369500 BLDG SUPPLIES - SHERIFF CTR 980110-111323 30.69 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 1104614 4337001 PARTS FOR SAN PABLO ART PIECE 971683-112923 17.33 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 974279-113023 395.79 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 1104310 4219000 STREET MAINT SUPPLIES 971572-120823 108.64 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 1104310 4332000 R/M STREETS - CONCRETE PATCH 995224-120623 199.45 W1 02001731 01/12/2024 LOWE'S HOME CENTERS INC. 1104310 4391502 GRAFFITI REMOVAL SUPPLIES 989122-120423 32.71 W1 02001732 01/12/2024 M & M SWEEPING INC. 1104310 4332000 NOV23 CITYWIDE STREET SWEEPING 66267 15,897.08 W1 02001732 01/12/2024 M & M SWEEPING INC. 1104330 4331000 NOV23 PRKG LOT SWEEP - CY 66267 340.00 W1 02001732 01/12/2024 M & M SWEEPING INC. 1104610 4332100 NOV23 PRKG LOT SWEEP - CC PARK 66267 764.00 W1 02001732 01/12/2024 M & M SWEEPING INC. 1104611 4332501 NOV23 PRKG LOT SWEEP - PARKS 66267 616.00 W1 02001732 01/12/2024 M & M SWEEPING INC. 1104614 4392101 NOV23 PRKG LOT SWEEP - ENTRADA 66267 247.00 W1 02001732 01/12/2024 M & M SWEEPING INC. 2424549 4331101 NOV23 PRKG LOT SWEEP - AQUATIC 66267 140.00 W1 02001732 01/12/2024 M & M SWEEPING INC. 2774373 4309103 NOV23 PRKG LOT SWEEP - PPE/W 66267 593.00 W1 02001732 01/12/2024 M & M SWEEPING INC. 2824373 4309103 NOV23 PRKG LOT SWEEP - PP3 66267 458.00 W1 02001732 01/12/2024 M & M SWEEPING INC. 5104195 4369601 NOV23 PRKG LOT SWEEP -PARKVIEW 66267 188.00 W1 02001733 01/12/2024 MATICH CORPORATION 2110000 2060000 RTNT P116687/C45240 RTNT PP #04 -63,608.07 W1 02001733 01/12/2024 MATICH CORPORATION 2114311 4332000 FRED WARING REHABILITATION PP #04 1,272,161.44 W1 02001734 01/12/2024 MAXWELL SECURITY SERVICES 1104340 4309000 AFTER-HOURS ALARM RESPONSE 2311181 400.00 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 1104330 4331000 JANITORIAL - CORPORATION YARD 768822 2,667.98 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 1104340 4332600 JANITORIAL - CITY HALL 768822 8,569.46 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 1104344 4331000 JANITORIAL - PORTOLA CC 768822 1,347.88 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 4254430 4395000 JANITORIAL - iHUB 768822 2,028.71 Report Date 01/12/2024 Page 11
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 5104195 4369500 JANITORIAL - SHERIFF CTR 768822 6,572.34 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 5104195 4369601 JANITORIAL - PARKVIEW OFFICE B 768822 7,943.77 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 5104195 4369601 JANITORIAL - PARKVIEW OFFICE B 768823 2,532.06 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 5104195 4369602 JANITORIAL - STATE BLDG 768822 5,984.70 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 5104195 4369800 JANITORIAL - HENDERSON BLDG 768822 988.10 W1 02001735 01/12/2024 MERCHANTS BUILDING MAINTENANCE 5104195 4369601 PRESSURE WASH - PARKVIEW BLDG 767147 750.00 W1 02001736 01/12/2024 MERCURY FILM & TELEVISION 1104417 4322200 50TH ANNIVERSARY CELEBRATION V 4008 5,700.00 W1 02001737 01/12/2024 MILLER, MIRIAM 1104420 4362000 REIMB BUILD CALC - BLDRS BOOK 320538 290.80 W1 02001738 01/12/2024 MOWERS PLUS INC 1104331 4334000 R/M SMALL EQUIPMENT 288770 122.87 W1 02001738 01/12/2024 MOWERS PLUS INC 1104331 4334000 R/M SMALL EQUIPMENT 288771 113.02 W1 02001739 01/12/2024 NUTRIEN AG SOLUTIONS INC 1104611 4332001 GRASS SEED - PARKS 52915513 9,697.50 W1 02001740 01/12/2024 OZZIE'S INTERNATIONAL 1104331 4334000 R/M VEH #094 LEASED 35008 954.41 W1 02001741 01/12/2024 PALM DESERT ACE HARDWARE 1104340 4219000 TOOLS - FACILITIES STAFF 243526 75.38 W1 02001741 01/12/2024 PALM DESERT ACE HARDWARE 1104340 4219000 BATTERIES - CITY HALL 243527 47.38 W1 02001741 01/12/2024 PALM DESERT ACE HARDWARE 1104340 4331000 BATTERIES - CITY HALL 243476 43.08 W1 02001741 01/12/2024 PALM DESERT ACE HARDWARE 1104611 4219000 ZIP TIES - HOVLEY 243531 33.38 W1 02001742 01/12/2024 PALM DESERT CHARTER MIDDLE SCHOOL 1104800 4388100 OA FY23/24 C41650E Y3 9,500.00 W1 02001743 01/12/2024 PALMER ELECTRIC 4364650 4400100 Lighting for the Sunburst artw 4996 9,689.00 W1 02001743 01/12/2024 PALMER ELECTRIC 1104610 4332100 BOND REIMBURSEMENT - CC PARK 4903 399.00 W1 02001743 01/12/2024 PALMER ELECTRIC 1104611 4332501 BOND REIMBURSEMENT-PARKS 4903 1,000.00 W1 02001743 01/12/2024 PALMER ELECTRIC 1104614 4332501 BOND REIMBURSEMENT - MEDIANS 4903 1,000.00 W1 02001743 01/12/2024 PALMER ELECTRIC 1104614 4392101 BOND REIMBURSEMENT - ENTRADA 4903 1,000.00 W1 02001743 01/12/2024 PALMER ELECTRIC 2424549 4331101 BOND REIMBURS - AQUATIC CENTER 4903 1,000.00 W1 02001743 01/12/2024 PALMER ELECTRIC 1104340 4331000 ELECT REPAIRS - HIST SOCIETY 4942 1,418.61 W1 02001744 01/12/2024 PARKHOUSE TIRE INC. 1104331 4334000 R/M EQUP #384 CITY OWNED 2030231793 514.24 W1 02001745 01/12/2024 PATTON DOOR & GATE 1104340 4331000 COURTESY CART GARAGE DOORS 93615 15,122.00 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 1104330 4309000 PEST CONTROL - CORPYARD 298377 104.50 Report Date 01/12/2024 Page 12
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 1104330 4309000 PEST CONTROL - CORPYARD 298378 49.50 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL - HISTORICAL SOC 298380 49.50 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL - CITY HALL 298381 137.50 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 1104344 4309000 PEST CONTROL - PORTOLA CC 298379 74.50 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 1104800 4388500 PEST CONTROL - ARTISTS CENTER 298389 99.00 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL - FS #33 298386 88.00 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL - FS #67 298387 71.50 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL - FS #71 298388 71.50 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 5104195 4369500 PEST CONTROL - SHERIFF SUBSTAT 298384 88.00 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 5104195 4369601 PEST CONTROL - PARKVIEW BLDG 298382 82.50 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 5104195 4369602 PEST CONTROL - STATE BLDG 298383 88.00 W1 02001746 01/12/2024 POWERFUL PEST MANAGEMENT 5104195 4369800 PEST CONTROL - HENDERSON BLDG 298385 132.00 W1 02001747 01/12/2024 PRO-CRAFT CONSTRUCTION INC 1104611 4331000 PLUMBING SRV - UNIVERSITY PARK 23121-19 2,177.42 W1 02001748 01/12/2024 PROFESSIONAL INTERPRETING LLC 1104114 4309000 On-Call Spanish Interpreter an 7170 3,130.06 W1 02001749 01/12/2024 PROPER SOLUTIONS INC. 1104111 4300400 Y, Chavez 12.27.23-12.29.23 15472 560.48 W1 02001750 01/12/2024 S&S FLEET SERVICES 1104331 4334000 R/M EQUIP #140 CITY OWNED 527 330.00 W1 02001751 01/12/2024 Salsbury Industries 5104195 4331000 PARKVIEW MAILBOX REPLACEMENT CS-1067034 4,299.23 W1 02001752 01/12/2024 SEAWRIGHT CUSTOM PRECAST INC 4004618 4400100 PURCHASE OF 27 PRECAST PLANTER 4108 38,049.74 W1 02001753 01/12/2024 SERGIO SAMANIEGO 1104300 4391500 1223-BOOTREIM-SS 1223-BOOTREIM-SS 250.00 W1 02001754 01/12/2024 SESAC INC 1104416 4306101 City Produced Events 104392 1,888.00 W1 02001755 01/12/2024 SHAFFER, GARY 2524662 4312500 SHAFFER MIL. REIMB. 122123 74.15 W1 02001756 01/12/2024 SHASTA FIRE PROTECTION 1104340 4309000 ANNUAL FIRE SPRINKLER INSP 8424 1,800.00 W1 02001757 01/12/2024 SKYLINE SAFETY AND SUPPLY 1104310 4219000 STREET MAINT SUPPLIES 8062 969.47 W1 02001758 01/12/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 42991 1/2 San Pablo 700653799848JN24 3,404.50 W1 02001758 01/12/2024 SOUTHERN CALIFORNIA EDISON 1104250 4351400 42993 1/2 San Pablo 700653808235JN24 206.69 W1 02001759 01/12/2024 SOUTHERN CALIFORNIA EDISON 2134385 5000911 VITALIA SRV REQ #3571967 7590524622 13,399.27 W1 02001760 01/12/2024 SOUTHWEST AQUATICS 1104610 4332001 R/M LAGOON - CIVIC CENTER PARK 11-21183 4,114.00 Report Date 01/12/2024 Page 13
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001760 01/12/2024 SOUTHWEST AQUATICS 1104614 4392101 R/M WATER FEATURE ENTRADA DEL 11-21183 1,030.00 W1 02001761 01/12/2024 SUNBELT RENTALS INC 1104331 4334000 R/M RENTAL EQUIP - DUMP TRUCK 147778797-0002 1,235.54 W1 02001762 01/12/2024 SUPERIOR READY MIX CONCRETE 1104310 4219000 STREET MAINT SUPPLIES 395193 487.60 W1 02001762 01/12/2024 SUPERIOR READY MIX CONCRETE 1104310 4219000 STREET MAINT SUPPLIES 396070 693.45 W1 02001763 01/12/2024 T-MOBILE USA INC 1104210 4304200 Sheriff GPS Locate 9553149062 100.00 W1 02001763 01/12/2024 T-MOBILE USA INC 1104210 4304200 Sheriff Timing Advance Nov23 9554711365 50.00 W1 02001764 01/12/2024 T-MOBILE USA INC 1104331 4334000 DEC23 VEHICLE GPS MONITORING 978220384-25 1,520.19 W1 02001765 01/12/2024 TERRA NOVA PLANNING 2324370 5000455 SECTION 29 ENVIRON DOC TN082302 682.50 W1 02001766 01/12/2024 TOPS N BARRICADES INC. 1104310 4219000 STREET MAINT SUPPLIES 1104049 891.75 W1 02001767 01/12/2024 TRIPEPI SMITH & ASSOCIATES INC 1104114 4309000 Palm Desert 2023 Redistricting 11526 2,756.47 W1 02001768 01/12/2024 URBAN HABITAT ENVIRONMENTAL 1100000 2060000 RTNT P116433/C44690 RTNT 8624 -280.51 W1 02001768 01/12/2024 URBAN HABITAT ENVIRONMENTAL 1104614 4337001 CO#2 - MAG FALLS / PORTOLA 8624 5,610.25 W1 02001768 01/12/2024 URBAN HABITAT ENVIRONMENTAL 4000000 2060000 RTNT P116433/C44690 RTNT 8624 -101.00 W1 02001768 01/12/2024 URBAN HABITAT ENVIRONMENTAL 4004614 4337001 LANDSCAPE INSTALL - PORTOLA 8624 2,020.00 W1 02001769 01/12/2024 VEGA, ERIK 1104159 4219100 1223-WEATHERBOOT-EV 1223-WTHRBOOT-EV 228.36 W1 02001770 01/12/2024 VELASQUEZ AUTO BODY SPECIALISTS 1104331 4334000 R/M VEH #095 LEASED 1037 3,542.80 W1 02001771 01/12/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5651308 1,713.23 W1 02001771 01/12/2024 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICALS - AQUATIC CENTER 5653299 942.27 W1 02001772 01/12/2024 WAXIE 1104340 4219000 JANITORIAL SUPPLIES 82079699 363.18 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104159 4219100 August '23 Weather Event: Tree 206291 16,493.50 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104610 4332001 HARDWOOD PRUNING - CC PARK 206067 1,668.10 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104611 4332001 HARDWOOD PRUNING - PARKS 206067 1,548.95 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104611 4332001 HARDWOOD PRUNING - PARKS 206270 119.15 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4337001 HARDWOOD PRUNING - MEDIANS 206067 4,289.40 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4337001 HARDWOOD PRUNING - MEDIANS 206270 5,957.50 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4337001 HARDWOOD PRUNING - MEDIANS 206913 8,578.80 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4337001 HARDWOOD PRUNING - MEDIANS 207611 4,766.00 Report Date 01/12/2024 Page 14
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

Bank ID Check Number Check Date Vendor Name
Check Register
Transaction Desc Invoice Amount Paid
1/12/2024 - 1/12/2024
City of Palm Desert
Account Number
W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4392101 HARDWOOD PRUNING - ENTRADA 206067 2,859.60 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4392101 HARDWOOD PRUNING - ENTRADA 206270 5,480.90 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4392101 HARDWOOD PRUNING - ENTRADA 206913 15,132.05 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4392101 HARDWOOD PRUNING - ENTRADA 207611 7,149.00 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104610 4332001 MISC TREE WORK - CC PARK 206902 829.75 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104610 4337100 MISC TREE WORK - CC BALLFIELDS 207610 857.00 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4337001 MISC TREE WORK - MEDIANS 206902 5,177.15 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4337001 MISC TREE WORK - MEDIANS 207610 7,467.75 W1 02001773 01/12/2024 WEST COAST ARBORISTS INC 1104614 4392101 MISC TREE WORK - ENTRADA 206066-A 6,856.00 W1 02001774 01/12/2024 WHITE CAP LP 1104310 4219000 STREET MAINT SUPPLIES 50024826988 1,304.79 W1 02001774 01/12/2024 WHITE CAP LP 1104310 4219000 STREET MAINT SUPPLIES 50024846583 607.92 W1 02001775 01/12/2024 WITTMAN ENTERPRISES LLC 2304220 4309000 DEC23 Consultant Services 23120547 17,641.00 W1 02001776 01/12/2024 XPRESS GRAPHICS 1104417 4361000 PD In Touch Rack Card 23-58583 88.61 W1 02001776 01/12/2024 XPRESS GRAPHICS 1104417 4361000 Tri-fold Housing Brochure 23-58529 186.52 Examined and Approved Total For Bank ID - W1
2,261,053.05 City Manager
Examined and Approved
Mayor or Mayor Pro-Tem
Audited and Found Correct
Director of Finance
Report Date 01/12/2024 Page 15
City & Housing
DocuSign Envelope ID: 18BD84D8-3D6C-48A2-907D-6EB441E5F4C3

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Erika Castellano, Assistant to the City Council REQUEST: ACCEPT REASSIGNMENT OF CITY COUNCIL LIAISON TO CULTURAL

RESOURCE PRESERVATION COMMITTEE
RECOMMENDATION:

Appoint Mayor Pro Tem Harnik as the City Council Liaison to the Cultural Resource Preservation Committee for the remainder of 2024.

BACKGROUND/ANALYSIS:

The City Council approved the 2024 Board, Committee, and Commission Council Liaison Assignments on December 14, 2023, where Councilmember Kelly was assigned to the Cultural Resource Preservation Committee along with the Sunline Transit Agency Board. These two Committees meet simultaneously the fourth Wednesday of each month at 9 a.m. Due to the scheduling conflict, it is recommended that Mayor Pro Tem Harnik be appointed to the Cultural Resource Preservation Committee for the remainder of the year.

Legal Review:

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

FINANCIAL IMPACT:

There is no financial impact associated with this action.

ATTACHMENTS:

1. Updated 2024 Council Assignments and Appointments Roster

2024 City Council Liaison Assignments
GROUP 2024 PROPOSED

ATTENDEE(S)
2024 PROPOSED

ALTERNATE(S) STAFF LIAISON MEETING DAY/TIME/LOCATION
Annexation/Two x Two North Sphere -Merged (Mayor & MPT) Quintanilla,Harnik Nestande, Councilmembers Richard/Rosie As needed C V W D Water Issues 2x2 Committee (“H20
2 ") Kelly,Nestande Harnik, Councilmembers Martin As scheduled Cal Cities Annual Conf. - Voting Delegate & Alternate Trubee Quintanilla, Councilmembers Anthony October 16-18, 2024 California Joint Powers Ins. Authority Trubee Rsk Mgr/City Treas/Council Amber 4 th Wed. - 5:30 p.m., CJPIA Ofc., LaPalma
Chamber of Commerce Bd. of Directors Quintanilla Nestande, Councilmembers Eric 4 th Tuesday - 7:30 a.m., Chamber Ofc.

Children’s Discovery Museum of the Desert Trubee Nestande, Councilmembers Veronica 2nd Wednesday - 4:00 p.m.

City Selection Committee Quintanilla Kelly, Councilmembers Anthony As needed Civic Engagement Committee (Palm Desert-2 Cncl) Quintanilla, Kelly Trubee, Councilmembers Ryland 3rd Tuesday, quarterly (Jan., April, July, Oct.) Coachella Valley Animal Campus Quintanilla Trubee/Councilmembers Richard/Pedro Quarterly 1st Thursday - 9:30 a.m.

Coachella Valley Economic Partnership Bd. of Dir. (CVEP) Amy Lawrence Eric Ceja Amy/Eric 3 rd Wednesday - 8:00 a.m.

Coachella Valley Mountains Conservancy Trubee Kelly/Councilmembers Martin Bimonthly 2nd Monday - 3:00 p.m.

Cove Communities Public Safety Cmssn. (2-Cncl.) Quintanilla,Trubee Nestande, Councilmembers Chris As scheduled Cultural Arts Committee (Palm Desert) Quintanilla Nestande, Councilmembers Erica/Amy 2 nd Wednesday - 9:00 a.m., DSCR
Cultural Resources Preservation Committee (Palm Desert) Harnik Quintanilla, Councilmembers Richard/Rosie 4th Wednesday- 9:00 a.m.

CVAG Energy & Sustainability Committee Nestande Trubee, Councilmembers Martin 2 nd Thursday - 12:00 p.m.

CVAG Executive Committee Kelly Harnik, Councilmembers Last Monday - 4:30 p.m. (Gen. Assy. 6/24/24, 6 pm) CVAG Homelessness Committee Kelly (Vote), Quintanilla Nestande, Councilmembers Chris 3 rd Wednesday - 10:00 a.m.

CVAG Personnel Committee (if applicable) Kelly Harnik, Councilmembers Andrea As needed - Last Monday CVAG Public Safety Committee Quintanilla Trubee, Councilmembers Chris 2 nd Monday - 9:00 a.m.

CVAG Transportation Committee Harnik Kelly, Councilmembers Maritn 1st Monday - 10:00 a.m.

CVAG-Coachella Valley Conservation Commission Trubee Kelly, Councilmembers Martin 2 nd Thursday - 10:30 a.m.

CVAG Desert Community Energy Board Veronica Chavez Kelly, Councilmembers Chris 3 rd Monday - CVAG Office - 2:30 p.m. (Dec-Dark)
Desert Willow President’s Committee Harnik Kelly, Councilmembers Veronica/John 3 rd Tuesday - 10:00 a.m.

El Paseo Business Improvement District Board (Palm Desert) Harnik Nestande, Councilmembers Thomas 3 rd Thursday - 8:00 a.m., ACR
Finance Committee (Palm Desert) (Mayor & MPT) Quintanilla, Harnik Kelly, Councilmembers Veronica Bimonthly 4th Tuesday - 10:00 a.m., NWCR Historical Society (Palm Desert) Kelly Nestande, Councilmembers Richard/Rosie 3 rd Tuesday - 5:30 p.m.

Homelessness Taskforce (Palm Desert) Kelly, Quintanilla Nestande, Councilmembers Jason Austin Bimonthly 1st Monday - 9:00 a.m., North Wing Housing Commission (Palm Desert) Kelly Quintanilla, Councilmembers Jessica 2nd Wednesday - 3:30 p.m., NWCR Joslyn Center Board of Directors Liaison Kelly Harnik/Councilmembers Jason Austin 4 th Tuesday - 4:00 p.m.

Library Taskforce (Palm Desert)/Desert Library Zoning Com. Trubee, Harnik Nestande, Councilmembers Gary/Chris As needed Living Desert Board of Trustees Advisory Council (Mayor as rotating position) Quintanilla Kelly, Councilmembers Martin 4 th Friday - 12:00 p.m. - 3 meetings/year - January, April, November Marketing Committee Harnik, Quintanilla Kelly,Councilmembers Thomas Bimonthly-1st Tues. - 3:00 p.m., ACR McCallum Theatre Education Policy Committee Quintanilla Nestande/Councilmembers Jan, March May, 3pm - 4:30pm Outside Agency Fundg. Cmte.(PD) (Mayor & MPT) Quintanilla, Harnik Kelly, Councilmembers Veronica As needed Palm Desert Recreational Facils. Corp. Nestande Trubee, Councilmembers Veronica 2 nd Monday in June, C/M Office
Palm Desert Sister Cities Foundation Quintanilla Kelly, Councilmembers Luis Monthly - 2nd Tues. - 3:00 p.m., NWCR Parks & Recreation Commission (Palm Desert) Trubee Nestande, Councilmembers Kevin Swartz/Shawn Muir 1 st Tuesday - 8:30 a.m., ACR
Public Safety Commission (Palm Desert) Trubee Quintanilla, Councilmembers Chris 2 nd Tuesday - 3:30 p.m., ACR
G:\CityClrk\Erika Castellano\Council\BCC Assignments\Council Assignments 2024 Page 43 of 209 2024 City Council Liaison Assignments
Regional Access Project (RAP) Foundation Board of Directors Quintanilla Trubee, Councilmembers Veronica 4th Wednesday - 9:00 a.m.

Resource Preservation and Enhancement Committee Harnik Trubee, Councilmembers Amy/Luis Quarterly – 3:00 p.m., ACR Riverside County Overlay Zone Kelly Harnik, Councilmembers As needed Riverside County Transportation Commissn Harnik Kelly, Councilmembers Martin 2 nd Wednesday - 9:30 a.m.

SCAG (So. Cal. Assn. of Govts.) Gen. Assy. Deleg. Kelly Trubee, Councilmembers Martin/Randy Chavez Regional Conf. & Gen. Assy.

SunLine Transit Agency Board Kelly Harnik, Councilmembers Martin 4 th Wednesday - 12:00 p.m.

Two x Two Committee (City Council & DSUSD Board) Quintanilla, Nestande Harnik, Councilmembers Todd As needed University Planning and Development Committee Quintanilla, Harnik Kelly, Councilmembers Eric Quarterly Visit Greater Palm Springs Harnik Quintanilla, Councilmembers Thomas 3rd Friday - 8:00 a.m.

Y M C A Board Liaison (Ex-Officio) Trubee Nestande, Councilmembers Martin 3rd Thursday - Noon Where "Councilmember" is noted as an Alternate option, Primary Attendee(s) may designate another Cncl. Alternate on a case-by-base basis throughout the year when the assigned alternate is not available.

G:\CityClrk\Erika Castellano\Council\BCC Assignments\Council Assignments 2024 Page 44 of 209 2024 Ad Hoc Subcommittees
Meetings scheduled as needed
Ad Hoc Subcommittee 2024 Proposed
Attendee
2024 Proposed
Alternate Contact Participants Department Status
4th Fire Station Planning Subcommittee Harnik, Nestande Kelly Chris Escobedo/Veronica Chavez Administrative Services Active Transportation Program (ATP) Project Comm Harnik, Kelly Trubee Martin Alvarez Community Dev Affordable Housing Policy Subcommittee Harnik, Kelly Quintanilla Jessica Gonzalez Community Dev Cannabis Regulation Subcommittee Quintanilla, Trubee Nestande Richard Cannone Community Dev Committee/Commission Review Subcommittee Kelly, Harnik Quintanilla Anthony Mejia City Manager Downtown Zoning Subcommittee Kelly, Quintanilla Richard Cannone Development Services Economic Development Subcommittee Harnik, Nestande Quintanilla Eric Ceja Economic Dev Jacqueline Cochran Regnl Airport Auth. [Thermal] Harnik Trubee Veronica Chavez Finance Legislative Committee Mayor/MPT Kelly Todd Hileman/Anthony Mejia City Manager Library Subcommittee Harnik, Trubee Nestande Chris Escobedo City Manager Litigation Subcommittee Kelly, Quintanilla Harnik City Manager BBK, Eric C City Manager Palm Desert Aquatic Center Subcommittee Harnik, Trubee Nestande Shawn Muir Public Works Palm Desert iHUB Harnik, Quintanilla Kelly Eric Ceja Economic Dev Palm Desert-Rancho Mirage Corridor Cmte. (Mayor) Quintanilla Todd Hileman/Anthony Mejia City Manager Santa Rosa & San Jacinto Mtns. Natl. Monmt. Cmte. Trubee Nestande Martin Alvarez Community Dev Seasonal Lighting and Décor Committee Harnik, Trubee Nestande Martin Alvarez/Randy Chavez Public Works Short Tem Rentals Subcommittee Kelly, Trubee Richard Cannone Development Services Utility Underground Subcommittee Harnik, Trubee Kelly Martin Alvarez Public Works

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Gary Shaffer, Director of Library Services REQUEST: APPROPRIATE FUNDS TO COVER COSTS ASSOCIATED WITH

VARIOUS NECESSARY LIBRARY IMPROVEMENTS
RECOMMENDATION:

Authorize Director of Finance to appropriate funds to Account No. 4524136-4400100 in the amount of $692,000.

BACKGROUND/ANALYSIS:

The City is taking over local library services from the County of Riverside and its library operator LSS, beginning July 1, 2024. While plans are underway to construct a new library, library services will need to be proffered from the existing facility located on the College of the Desert campus. In order to prepare the space, the City’s Library Task Force requests that City staff conduct a light refresh of the space to include new paint, some new carpet, along with new furniture, fixtures, and equipment. Much, if not all the new furniture and equipment will be able to be relocated to the new facility once open.

To conduct this refresh, City staff recommends an appropriation from available fund balance in the Library Improvement Fund.

Legal Review:

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

FINANCIAL IMPACT:

The current fund balance available in the Library Improvement Fund is $692,000, therefore staff is requesting an appropriation to Account No. 4524136-440100 for the full amount.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Amy Lawrence, Deputy Director of Economic Development REQUEST: ADOPT RESOLUTION UPDATING COMMUNITY EVENT SPONSORSHIP

GUIDELINES
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, UPDATING THE COMMUNITY EVENT SPONSORSHIP POLICY.” BACKGROUND/ANALYSIS:

The City of Palm Desert provides annual funding to qualified organizations and individuals that organize community events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. Per the policy, a community event is defined as a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of Palm Desert. (i.e., festival, walk, run, fashion show, concert, parade, breakfast, luncheon, dinner, etc.)
The program guidelines were most recently updated in 2022. In keeping with the City’s goals to improve efficiency and accountability utilizing best practices, additional revisions are being suggested at this time.

The most notable suggested revision is to the funding timeline. Our goal is to make the process fair and consistent with the Outside Agency Funding Program in that organizations and individuals will only be eligible for funding awarded during adoption of the fiscal year budget, i.e., there will no longer be miscellaneous review and consideration of requests for funding throughout the fiscal year, with the exception of table sponsorships.

Below summarizes the additional suggested changes:

1. Removes specific department language throughout.

2. Clearly identifies ineligible organizations and activities.

3. Removes the “Appeal Process” to be consistent with the Outside Agency Funding Program.

These changes will provide clarity to the organizations and individuals applying for community event sponsorship funding and will make the process consistent with the City’s Outside Agency Funding Program.

Legal Review:

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

City of Palm Desert
Update to Community Event Sponsorship Guideleines

FINANCIAL IMPACT:

There is no direct financial impact with this action.

ATTACHMENTS:

1. Resolution

2. 2024 Community Event Sponsorship Guidelines

3. Redline Version of 2022 Guidelines

RESOLUTION NO. 2024-_____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM DESERT, CALIFORNIA, UPDATING THE

COMMUNITY EVENT SPONSORSHIP POLICY
WHEREAS, the City of Palm Desert (“City”) receives many requests from groups and organizations for community event sponsorships; and WHEREAS, the City Council of the City of Palm Desert (“City Council”) has established a Community Event Sponsorship Policy (“Policy”) to guide staff in their review and administration of such sponsorship requests; and
WHEREAS, the City Council desires to update the Policy and make it more consistent with the City’s Outside Agency Funding Program Guidelines.

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

SECTION 1. Incorporation of Recitals. The City Council finds and determines that the recitals of this Resolution are true and correct and are hereby incorporated into this Resolution as though fully set forth herein.

SECTION 2. Community Event Sponsorship Policy. The City Council hereby approves and adopts the updated Community Event Sponsorship Policy, as attached hereto as Exhibit “A”.

SECTION 3. Severability. If any section or provision of this Resolution is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Resolution shall remain valid. The City Council hereby declares that it would have adopted this Resolution, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption.
///
///

Resolution No. 2024-____ Page 2
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on this 25th day of January, 2024.

KARINA QUINTANILLA, MAYOR
ATTEST:

ANTHONY J. MEJIA, CITY CLERK

Resolution No. 2024-____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on January 25, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK

Resolution No. 2024-____ Page 4
Exhibit “A”
Community Event Sponsorship Policy

CITY OF PALM DESERT

ADMINISTRATIVE PROCEDURES
Subject Community Event Sponsorship Policy
Policy No. CMGR-002
Date Issued: January 25, 2024
Approved by Resolution No. 2024 -___
I. PURPOSE
The City of Palm Desert’s Community Event Sponsorship Policy (“Policy”) establishes guidelines for disbursement of funds approved by City Council, as well as in-kind services, to sponsor community events produced by qualified organizations. This Policy aims to foster a vibrant community by supporting events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. By concentrating resources on diverse events that resonate with the City’s character, this Policy supports Palm Desert’s identity as a vibrant locale for residents and a premier destination for visitors.

II. SCOPE
A. This policy applies to all City sponsorship support of external community events where the City provides funds to an outside organization. This policy does not apply to table sponsorship requests, nor does it apply to the third-party sponsorships of City produced events.

B. The granting of City funds or in-kind support is evaluated based on the proposed community event’s impact on the community. Special attention is paid to sponsorships that promote Palm Desert’s attractiveness as a place to visit and/or live, celebrate the heritage of the City and its environs, and enrich the character and quality of life of its residents and visitors.

C. The City is under no obligation to approve a requested sponsorship. The City Council and City Manager reserve the right to deviate from the policy and criteria contained herein when they believe it is the City’s best interest to do so.

III. DEFINITIONS
A. “Applicant” means an organization or individual applying for a community event sponsorship under this Policy.

B. “Community Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of Palm Desert. (i.e., festival, walk, run, fashion show, concert, parade, breakfast, luncheon, dinner, etc.)

Community Event Sponsorship Policy
Updated January 25, 2024

C. “Community Sponsorship Subcommittee” is comprised of the Mayor and Mayor Pro Tem, City Manager, Director of Finance, and the City Manager’s designee(s) overseeing community event sponsorships.

D. “Outside Agency” means a nonprofit organization that may be eligible to receive City funding and support to offer programs and services benefiting the City’s residents and visitors under guidelines and accountability measures implemented by the City’s Outside Agency/Charitable Contributions Committee.

E. “Recipient” means an organization or individual that is awarded a community event sponsorship under this Policy.

F. “Sponsorship” means any financial or in-kind support from the City (i.e., City staff time, public safety services, use of City facilities or property, permit fees, etc.) to the organizing agency that helps offset the costs of the event operations.

G. “Sponsorship Agreement” means a binding agreement between the City and an organization or individual to pay a fee, provide services, share products or any combination thereof, including advertising and promotional opportunities between the City and an organization or individual.

H. “Table Sponsorship” means a City sponsorship to cover the cost of a table at a non-City event allowing a group of individuals, often representing the City or involved in City-related initiatives, to attend the event without incurring individual expenses.

IV. GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA, AND CONDITIONS A. Failure to comply with this Policy, including misuse of funds, may result in the forfeiture of funds and disqualification from future requests.

B. All applicants must submit a community event sponsorship application. Applications must be complete in order to be accepted. Applications must:

1. Describe the organization’s purpose, years of operation, leadership team, and financial stability;

2. Include the estimated number of people that will attend the community event;

3. Describe the community event and explain how it benefits Palm Desert residents and visitors;

4. Indicate whether Applicant has received any or will apply for other sponsorships or sources of funding for the community event, and if so, which ones; and

5. Provide additional information as requested by staff to evaluate compliance with this Policy.

C. Due to limited resources, not all community event sponsorship requests are funded. The number of community events that the City sponsors varies annually. The City will evaluate each request based upon available funds, satisfaction of the eligibility criteria, and compliance with the application requirements set forth below.

Community Event Sponsorship Policy
Updated January 25, 2024

D. Applicants for community event sponsorships must meet all the following requirements, eligibility criteria, and conditions:

1. Applicants must independently conduct the community event or collaborate with another organization to be eligible to receive a sponsorship.

2. The community event must take place within Palm Desert city limits, with limited exceptions. Reason(s) for not holding the proposed event within Palm Desert city limits must be stated on the application. Exemption from this requirement will be provided on a case-by-case basis and will favor activity promoting the City of Palm Desert as a desirable place to live, visit, and do business.

3. Applicants agree to submit a Special Events Application/Agreement a minimum of 120 days prior to the event, or a Temporary Use Permit (TUP), if applicable.

4. Applicants agree to use sponsorship funds exclusively for the community event represented in the application. Said funds may not be used for venue costs, prizes, awards, salaries, salary reimbursements, or budget subsidy.

5. Recipients shall provide the City recognition as a sponsor in exchange for the sponsorship in a method consistent with other sponsors at the community event.

In no event shall the recognition for the City's sponsorship be less than that provided to other sponsors who have contributed the same total financial or in-kind support.

6. Applicants are required to enter a sponsorship agreement with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable.

7. Community event sponsorship applications are limited to one per year, per taxpayer identification number.

8. Sponsorships will be approved on a competitive basis and are not guaranteed.

Applicants should be aware that they may not receive the full amount of the sponsorship requested.

9. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the City will approve sponsorship for the same event or organization in subsequent years.

10. An official post-community event evaluation form must be submitted to City staff within ninety (90) days following the conclusion of a sponsored community event.

V. INELIGIBLE ORGANIZATIONS AND ACTIVITIES OR PROJECTS
A. Examples of ineligible organizations or activities include, but are not limited to:

1. Any non-community event request, such as on-going programming or structured activities. (i.e., classes, performances, procedures, etc.)

Community Event Sponsorship Policy
Updated January 25, 2024

2. Private events or events that are not open to the general public.

3. Discriminatory activities such as those restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status.

4. A political, politically affiliated, or political action organization or event or activity that promotes any political viewpoint, provides for a political purpose or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities.

5. An event or activity that promotes a religious purpose (as opposed to a secular purpose, such as promoting cultural heritage or community understanding).

6. A private individual for his/her own use.

7. Funds cannot be used for venue costs, prizes, awards, salaries, salary reimbursements, or budget subsidy.

8. Funds cannot be directly provided to specific individuals, nor may funds be constructively provided to specific individuals (e.g. using funds to pay for certain individuals to go to an event is not permitted.) By contrast, using funds to reduce the overall costs of an event is permitted.

9. An organization receiving Outside Agency funding concurrently (during the same fiscal year).

10.A K-12 school or school-related groups, as funding requests for schools and schoolrelated groups shall be processed by the Outside Agency/Charitable Contributions Committee.

B. No sponsorship shall be granted for community events or to organizations where a conflict of interest exists. Specifically, City officials, employees, or their immediate family members shall not receive sponsorship funding for events they are directly involved with or that may result in personal financial gain. In the event of a potential conflict of interest, officials and employees are required to disclose such conflicts and recuse themselves from any related sponsorship decisions. This provision serves to ensure that sponsorship decisions are made for the sole benefit of the community and are free from personal or private interest influences.

VI. ASSESSMENT CRITERIA
A. An applicant’s first sponsorship request may total no more than 50% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 50% of the event budget).

B. An applicant’s second or subsequent sponsorship request may total no more than 35% of the community event budget (if sponsorship includes in-kind, value of the in-kind items may not equal more than 35% of the event budget).

Community Event Sponsorship Policy
Updated January 25, 2024

C. Sponsorship requests for a 5K walk/run shall be eligible for a maximum sponsorship of $2,500.

D. Special consideration will be given to registered local nonprofit corporations or local 501(c) organizations with tax-exempt status.

Please note that requesting the allowed percentage does not ensure that the applicant will receive that percentage, or any, amount. No request is considered approved until it is approved by the City Council or City Manager. The City Council reserves the right to deviate from the criteria contained herein when it believes it is the City’s best interest to do so.

VII. FUNDING TIMELINE
The community event sponsorship application period will typically open in January. Once the application period opens, applicants will be required to submit applications by the posted deadline for events that will occur in the upcoming program year. A program year runs from July 1 through June 30. The community event for which a sponsorship is requested must occur in this timeframe. No sponsorship will be considered for any community event that falls outside of these dates.

Organizations requesting funding after the application period closes may submit an application to the City Manager for special consideration. Sponsorships awarded in this circumstance are rare and are contingent upon (1) available funds remaining in the budget following disbursement to organizations compliant with this Policy’s annual deadline; and (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for a sponsorship by the required deadline and the community event could not occur the following year.

VIII. ADMINISTRATION AND ENFORCEMENT OF POLICY

1. The City Council designates the City Manager to administer the Sponsorship Policy. This delegation is with the power of re-designation to appropriate staff.

2. The City Manager or her/his designee shall review all Sponsorship applications and determine compliance with this policy.

3. On an as needed basis, the City Manager or her/his designee may refer any community event sponsorship application directly to the City Council for approval or rejection with a majority vote.

4. Recipients must comply with all other applicable City, state, and federal laws and regulations.

CITY OF PALM DESERT

ADMINISTRATIVE PROCEDURES
Subject Community Event Sponsorship Policy
Policy No. CMGR-002
Date Issued: April 28, 2022January 25, 2024
Approved by Resolution No. 2022-3124-
Authored by Public Affairs
I. PURPOSE
A. The City of Palm Desert’s Community Event Sponsorship Policy (“Policy”)This policy establishes guidelines for disbursement of discretionary funds approved by City Council, as well as in-kind services, to sponsor community events produced by qualified organizations. This Policy aims to foster a vibrant community by supporting events that encourage civic engagement, celebrate cultural diversity, stimulate tourism, drive economic vitality, and uphold public health and sustainability. By concentrating resources on diverse events that resonate with the City’s character, this Policy supports Palm Desert’s identity as a vibrant locale for residents and a premier destination for visitors. The City recognizes that sponsorships play an important role in supporting our community, as well as to promote the tourism and economic development efforts of the City, nevertheless the City is committed to being a good steward of taxpayer money while supporting events.

II. SCOPE
A. This policy applies to all City sponsorship support of external community events where the City provides funds to an outside organization. This policy does not apply to table sponsorship requests, nor does it apply to the third-party sponsorships of City produced events.

B. The granting of City funds or in-kind support is evaluated based on the proposed community event’s impact on the community. Special attention is paid to sponsorships that promote Palm Desert’s attractiveness as a place to visit and/or live, celebrate the heritage of the City and its environs, and enrich the character and quality of life of its residents and visitors.

C. The City is under no obligation to approve a requested sponsorship. The City Council and City Manager reserve the right to deviate from the policy and criteria

contained herein when they believe it is the City’s best interest to do so.

III. DEFINITIONS
A. “Applicant” means an organization or individual applying for a community event sponsorship under this Policy.

B. “Community Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of Palm Desert. (i.e., festival, walk, run, fashion show, concert, parade, breakfast, luncheon, dinner, etc.) C. “Community Sponsorship Subcommittee” is comprised of the Mayor and Mayor Pro Tem, City Manager, Director of Finance, and the City Manager’s designee(s) overseeing community event sponsorships.

D. “Outside Agency” means a nonprofit organization that may be eligible to receive City funding and support to offer programs and services benefiting the City’s residents and visitors under guidelines nd accountability measures implemented by the City’s Outside Agency/Charitable Contributions Committee.

E. “Recipient” means an organization or individual that is awarded a community event sponsorship under this Policy.

A.F.“Sponsorship” means any financial or in-kind support from the City (i.e., City staff time, public safety services, use of City facilities or property, permit fees, etc.) to the organizing agency that helps offset the costs of the event operations.

B.G. “Sponsorship Agreement” means a binding agreement between the City and a company, an organization, or individual to pay a fee, provide services, share products or any combination thereof, including advertising and promotional opportunities between the City and a company, an organization, or individual.

C. “Event” means an occurrence of a local celebration, fundraiser, athletic, cultural, or educational activity designed to attract a public audience which benefits the residents and visitors of the City of Palm Desert. (i.e., walk, run, concert, parade, etc.)
D. “Programs” means an on-going, set of structured activities. (i.e., classes, performances, or procedures, etc.)
E. Outside Agency Funding is a grant program for non-profit, school, and communitybased organizations, who provide for unmet needs and services that serve the City of Palm Desert and its residents.

F.H.Table Sponsorship means a City sponsorship to cover the cost of a table at a non-City event allowing a group of individuals, often representing the City or involved in Cityrelated initiatives, to attend the event without incurring individual expenses. means purchase of a table at a Local Event, excluding the individual purchase of tickets at the same table.

G. “Community Sponsorship subcommittee” means the subcommittee is comprised of the Mayor and Mayor Pro Tem, the Director of Finance, the Public Affairs Manager and the Public Affairs Staff member overseeing Community Sponsorship and City Produced Events.

IV. GENERAL REQUIREMENTS, ELIGIBILITY CRITERIA AND CONDITIONS A. Failure to comply with this Policy, including misuse of funds, may result in the forfeiture of funds and disqualification from future requests.

B. All applicants must submit a community event sponsorship application. Applications must be complete in order to be accepted. Applications must:

1. Describe the organization’s purpose, years of operation, leadership team, and financial stability;

2. Include the estimated number of people that will attend the community event;

3. Describe the community event and explain how it benefits Palm Desert residents and visitors;

4. Indicate whether Applicant has received any or will apply for other sponsorships or sources of funding for the community event, and if so, which ones; and

5. Provide additional information as requested by staff to evaluate compliance with this Policy.

C. Due to limited resources, not all special community event sponsorship requests are funded. The number of special community events that the City sponsors varies annually. The City will evaluate each request based upon available funds, satisfaction of the eligibility criteria, and compliance with the application requirements set forth below.

D. Applicants for special community events sponsorships must meet all the following requirements, eligibility criteria, and conditions:

1. Applicants must independently conduct the community event or collaborate with another organization to be eligible to receive a sponsorship.

1. Applicants requesting event sponsorships in the amounts of $2,500 to $20,000 shall use the City’s community event sponsorship application.

Incomplete applications will not be accepted. The City may require

additional information, as necessary, to evaluate compliance with this policy.

2. Applicants requesting event sponsorships over $20,000 shall present their request to the Community Sponsorship subcommittee for recommendation, prior to presenting to City Council at a schedule Council Meeting.

3.2. Community Event and promotion must take place within Palm Desert city limits with limited exceptions. Reason(s) for not holding the proposed event or promotion in the City ofwithin Palm Desert city limits must be stated on the application. Exemption from this requirement will be provided on a case-by-case basis and will favor activity promoting the City of Palm Desert as a desirable place to live, visit and do business.

4.3. The Aapplicants must also submit agree to submit a Special Events Application/Agreement a minimum of 120 days prior to the event, or a Temporary Use Permit (TUP), if applicable.

5.4. The Aapplicants agrees to use the City’s sponsorship funds exclusively for the community event represented in its the application. Said funds are may not be used designated for venue costs, prizes, awards, salaries, or salary reimbursements, or budget subsidy.

6.5. The Rrecipients of sponsorship funds or in-kind services shall provide the City recognition as a sponsor in exchange for the funds or in-kind servicessponsorship in a method consistent with other sponsors at the community event. In no event shall the recognition for the City's funds or in-kind servicessponsorship be less than that provided to other sponsors who have contributed the same total financial or in-kind support.

7.6. The Aapplicants are required must be ready, willing, and able to enter a contractual sponsorship agreement for sponsorship with the City and provide a certificate of liability insurance or proof of self-insurance, if applicable. Please see Exhibit A.

8.7. Special Eevent sponsorship applications are limited to one per year, per taxpayer identification number.

9. Failure to hold event as depicted in application will result in forfeiture of sponsorship funds.

10.8. Sponsorships will be approved on a competitive basis and are not guaranteed. Applicants should be aware that they may not receive the full amount of the sponsorship requested.

9. Sponsorship approvals are made on an annual basis and shall be considered as a one-time approval. Approval for sponsorship in one year does not imply or guarantee that the City will approve sponsorship for the same event or organization in subsequent years.

11. An official pPost- community eEvent eEvaluation form must be submitted to City staff within ninety (90) days following the conclusion of a sponsored community event.

12. Application and all supporting documents are to be submitted to the Public Affairs Division, City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California 92260, to be considered for funding. Applications must be submitted a minimum of six months prior to event date.

V. INELIGIBLE ORGANIZATIONS AND ACTIVITIES OR PROJECTS
A. Examples of ineligible organizations or activities include, but are not limited to:

1. Any non-community event request, such as on-going programming or set of structured activities. (i.e., classes, performances, or procedures, etc.

2. Private events or events that are not open to the general public.

3. Discriminatory activities such as those restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status.

4. A political, politically affiliated, or political action organization or event or activity that promotes any political viewpoint, provides for a political purpose or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities.

5. An event or activity that promotes a religious purpose (as opposed to a secular purpose, such as promoting cultural heritage or community understanding).

1. Any type of programing

2. An event or activity that promotes a political viewpoint, provides for a political purpose, or causes participants to engage in or otherwise affiliate or express an endorsement of partisan political functions or activities.

3.6. A private individual for his/her own use.

4. A political, politically affiliated, or political action organization.

7. An organization receiving Outside Agency Funded Organizationsfunding, receiving funds concurrently (during the same fiscal year).

8. Funds cannot to be used for venue costs, prizes, awards, salaries, salary reimbursements, or budget subsidy.

9. Funds cannot be directly provided to specific individuals, nor may funds be constructively provided to specific individuals (e.g. using funds to pay for certain individuals to go to an event is not permitted.) By contrast, using funds to reduce the overall costs of an event is permitted.

10. A K-12 school or school-related groups, as funding requests for schools and school-related groups shall be processed by the Outside Agency/Charitable Contributions Committee.

B. No sponsorship shall be granted for community events or to organizations where a conflict of interest exists. Specifically, City officials, employees, or their immediate family members shall not receive sponsorship funding for events they are directly involved with or that may result in personal financial gain. In the event of a potential conflict of interest, officials and employees are required to disclose such conflicts and recuse themselves from any related sponsorship decisions. This provision serves to ensure that sponsorship decisions are made for the sole benefit of the community and are free from personal or private interest influences.

VI. ASSESSMENT CRITERIA
A. Requests for donation, and/or sponsorship from schools or school-related groups shall be processed through Outside Agency Funding.

B. Funds are not to be used for venue costs, salaries, prizes, and awards.

C. Community Sponsorship funds are solely for sponsorship of Events (i.e., festivals, concerts, walks/runs, fashion shows, luncheon, etc.). Ongoing programming is not considered an Event and these requests will be redirected to Outside Agency.

D.A.An applicant’s first sSponsorship request may total no more than for the inaugural year of an Event, the sponsorship request may not exceed 50% of the community eEvent budget (if sponsorship request includes in-kind, the value of the in-kind items may not exceed 50% of the eEvent budget).

E.B.All otherAn applicant’s second or subsequent sponsorship requests beyond the inaugural year is may not exceed total no more than 35% of the community eEvent budget (if sponsorship request includes in-kind, the value of the in-kind items may not exceed 35% of the eEvent budget).

F.C.Sponsorship request for a 5K walk/run shall be eligible for a maximum sponsorship of $2,500.

G.D. Registered local nonprofit corporation or local 501(c) organization with taxexempt status will be given priority funding consideration.

Applicants are not guaranteed to receive the amount of funding requested or be funded at all. Requests will not be considered approved until it is approved by the City Council or City Manager, as appropriate. The City Council reserves the right to deviate from the criteria contained herein when they it believes it is the City’s best interest to do so.

VII. FUNDING TIMELINE
The community event sponsorship application period will typically open in January.

Once the application period opens, applicants will be required to submit applications by the posted deadline for events that will occur in the upcoming program year. A program year runs from July 1 through June 30. The community event for which a sponsorship is requested must occur in this timeframe. No sponsorship will be considered for any community event that falls outside of these dates.

Organizations requesting funding after the application period closes may submit an application to the City Manager for special consideration. Sponsorships awarded in this circumstance are rare and are contingent upon (1) available funds remaining in the budget following disbursement to organizations compliant with this Policy’s annual deadlines; and (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for a sponsorship by the required deadline and the community event could not occur the following year.

A. The funding timeline/application reviews are outlined below (all dates are subject to change):

B. Rounds 2, 3 and 4 will only take place as long as there is funding available in the Community Sponsorship budget, not already allocated during the 1st Round.

Applicants are strongly encouraged to submit sponsorship request applications during the 1st round in order to have a higher chance of receiving funding.

C. 1
st Round:

December 1
st – February 15th: Applications are due for the upcoming fiscal year.

February: Applications are reviewed by the City’s Community Sponsorship/ Charitable Contributions Committee for their budget recommendation.

March: Budget recommendations are submitted to the Finance Department.

April: Applications are reviewed by the City Manager.

May: City Council reviews the recommendations presented by the City’s Community Sponsorship / Charitable Contributions Committee and the City

Manager at a public meeting.

June: City Council approves selected applicants for funding in the upcoming fiscal year (4:00 p.m., Council Chamber)
July: All applicants are contacted and advised of approved funding. Agreements are issued to successful applicants for funds available beginning July 1. Funds are issued a maximum of 60 days prior to the event and only upon approved insurance and a fully executed Sponsorship agreement.

D. 2
nd Round
Deadline: June, 30th by 5pm
Applications received after Feb. 15th, with requests under $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then to City Manager: first week of August, for approval.

Applications received after Feb. 15th, with requests over $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then presented to the City Council: First Council meeting in August.

E. 3rd Round
Deadline: October 31st, by 5pm
Applications received after June 30th, with requests under $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then to City Manager: First week of December
Applications received after June 30th, with requests over $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then presented to the City Council: First Council Meeting in December.

F. 4th Round
Deadline: February 28th by 5pm
Applications received after Oct. 27th, with requests under $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then to City Manager: First week of April.

Applications received after Oct. 27th, with requests over $7,500: Will be presented to the City’s Community Sponsorship / Charitable Contributions Committee for recommendation and then presented to the City Council: First Council Meeting in

April.

VIII. ADMINISTRATION AND ENFORCEMENT OF POLICY
A. The City Council designates the City Manager to administer the Sponsorship Policy. This delegation is with the power of re-designation to appropriate staff.

B. The City Manager or her/his designee shall review all Sponsorship applications and determine compliance with this policy.

C. On an as needed basis, the City Manager or her/his designee may refer any controversial proposed sponsorship straight to the City Council for approval or rejection with a majority vote.

D.Applicant must comply with all other applicable City, state and federal laws and regulations
IX. APPEALS
A. Applicants who have been denied sponsorship shall have ten (10) days from the date of the denial to request an appeal hearing with the entire City Council. The appeal request shall be in writing and submitted to the City Manager, or his/her designee. Within twenty (20) days of receiving the appeal request, the City Manager shall provide the appeal hearing at an upcoming City Council meeting.

The entire City Council shall have the right to overrule the application denial, uphold the application denial, or take any other action deemed appropriate.

By signing, I/we agree to the guidelines of the City of Palm Desert’s Community Event Sponsorship Policy.
_____________________________________
Name of the Organization
_____________________________________
Print Name/Title
_____________________________________ ________________
Signature Date

If you should have questions, please contact Vanessa Mager ([email protected] or 760-776-6425)

CONTRACT NO.

[MODEL - REMOVE THIS TITLE WHEN USED]

SPONSORSHIP AGREEMENT
This Sponsorship Agreement (“Agreement”) is entered into this day of , 20 , by and between the City of Palm Desert (“City”), a California public entity, and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS, I.E., CORPORATION (INCLUDE

STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], (“Consultant” or “Vendor”). The City and Consultant are sometimes collectively referred to in this Agreement as the “Parties” and individually referred to as “Party.” The Agreement is made in light of the following Recitals:

RECITALS
WHEREAS, Consultant wishes to produce an event entitled [***INSERT NAME OF EVENT***] WHEREAS, the City desires to sponsor the [***INSERT NAME OF EVENT***].

NOW, THEREFORE, in consideration of the mutual promises set forth herein, and in light of the above Recitals, which are hereby made a part of this Agreement, the Parties hereby agree as follows:

AGREEMENT

1. Term: The Term of this Agreement shall commence on [***INSERT DATE***] to [***INSERT DATE***.

2. Responsibilities of the Parties:

2.1 Responsibilities of City:

2.1.1 The City shall sponsor the [***INSERT NAME OF EVENT***] to be held on [***INSERT DATE***].

2.1.2 [***INSERT ADDITIONAL RESPONSIBLITIIES OF THE CITY***]

2.1.3 [***INSERT ADDITIONAL RESPONSIBLITIIES OF THE CITY ***]

2.2 Responsibilities of Consultant:

2.2.1 Consultant shall produce all aspects of the [***INSERT NAME OF EVENT***].

2.2.2 Consultant shall provide sponsorship benefits to the City, as outlined in Exhibit B.

2.2.3 Consultant shall grant access to all photography and video taken during the event to cross promote on the City’s website.

2.2.4 Consultant will prominently feature City in advertising including social media, television, radio, and e-blasts.

2.2.5 Consultant will feature City in photo and video opportunities including signage.

CONTRACT NO.

3. Compensation:

3.1 The City shall pay Consultant a total of [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***]) upon final approval of insurance documents by the City.

4.Remedies and Termination:

4.1 Remedies: The Parties agree to provide each other with written notice of nonperformance, unsatisfactory performance, or any other dispute arising from the terms of this Agreement within ten (10) days of the deficiency or dispute being identified. The Parties shall have thirty (30) days from receipt of said written notice to correct any performance deficiencies. The Parties may mutually agree to extend the thirty (30) day cure period. The Parties agree to cooperate in good faith to resolve any performance issues or dispute arising from this Agreement. Either Party in its sole and absolute discretion may waive a default that cannot be cured.

4.2 Termination: In the event any dispute cannot be resolved under these procedures, each Party retains such legal and equitable remedies as it may have under the law to enforce this Agreement. If either Party defaults under this Agreement and does not timely cure such default, the non-defaulting Party may terminate this Agreement upon providing written notice of termination of this Agreement to the defaulting Party, in which case this Agreement shall terminate.

4.3 Termination without cause: Either Party may terminate this Agreement upon at least thirty (30) days prior written notice to the other Party. If Consultant terminates this Agreement, pursuant to this Section 4.3, the City shall be entitled to a pro rata refund of any prepaid amounts.

5. Insurance: [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE IN CASE OTHER COVERAGE IS NEEDED (E.G. CYBER LIABILITY, ETC.)***] Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.

5.1 General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

5.2 Automobile Liability Insurance: (***IF APPLICABLE-CHECK WITH RISK

CONTRACT NO.

MANAGER. ENTER [Reserved], IF NOT APPLICABLE) Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this agreement.

5.3 Workers’ Compensation Insurance: (***IF APPLICABLE-CHECK WITH RISK MANAGER. ENTER [Reserved], IF NOT APPLICABLE) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its officers, agents, employees and volunteers.

5.4 Umbrella or Excess Liability Insurance: Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
(1) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(2) Pay on behalf of wording as opposed to reimbursement. (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies.

5.5 Liquor Liability Insurance: (***IF APPLICABLE-CHECK WITH RISK MANAGER.

ENTER [Reserved], IF NOT APPLICABLE) Vendor shall provide liquor liability insurance with a limit of no less than $1,000,000 per occurrence.

5.6 Aviation Liability Insurance: (***IF APPLICABLE-CHECK WITH RISK MANAGER. ENTER [Reserved], IF NOT APPLICABLE) Consultant shall procure and maintain for the duration of the contract insurance against claims for

CONTRACT NO.

injuries to persons or damage to property which may arise from or in connection with the ownership, maintenance or use of Unmanned Aerial Vehicles (UAVs) by Consultant’s officers, officials, employees, subcontractors, or volunteers. If an UAV is used as part of an event, aviation liability insurance shall be required on an “occurrence” basis, including property damage and bodily injury with limits no less than $1,000,000 per occurrence, and $2,000,000 in the aggregate. This coverage may also be provided by endorsement to a Commercial General Liability policy. City shall be named additional insured on the policy.

OTHER PROVISIONS OR REQUIREMENTS

5.7 Proof of Insurance: Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

5.8 Duration of Coverage: Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his/her agents, representatives, employees or subconsultants.

5.9 Primary/Non-Contributing: Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

5.10 City’s Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these specifications, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.

5.11 Acceptable Insurers: All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and

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Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

5.12 Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against the City of Palm Desert, its elected or appointed officers, agents, officials, employees and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.

5.13 Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

5.14 Requirements Not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.15 Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

5.16 Additional Insured Status: General liability, automobile liability, and if applicable, liquor liability, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City of Palm Desert and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

5.17 Prohibition of Undisclosed Coverage Limitations: None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

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5.18 Separation of Insureds: A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy (ies) shall not contain any crossliability exclusions.

5.19 Pass Through Clause: Consultant agrees to ensure that its sub-consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.

5.20 City’s Right to Revise Specifications: The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.

5.21 Self-Insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

5.22 Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

5.23 Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

5.24 Safety: Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall

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include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

6. Indemnification: To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s services or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

7. Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services under this Agreement are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

8. Force Majeure: Any delay or failure in the performance by either Party hereunder shall be excused if and to the extent caused by occurrence of a Force

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Majeure Event. A Force Majeure Event shall mean a cause or event that is beyond the reasonable control of the Party claiming a Force Majeure Event.

Force Majeure Events include, but are not limited to, acts of God, fires, floods, rain, heavy wind, earthquake, explosions, riots, wars, sabotage, terrorism, vandalism, accident, restraint of government, governmental act, injunctions, destruction of site, pandemics, epidemics, and other like events. In the event City has advanced funds for the sponsorship to the extent not utilized directly for the event, any unused portion shall be returned

9. Notices: Whenever it shall be necessary for either Party to serve notice on the other regarding this Agreement, such notice shall be served either in person, by certified mail, return receipt requested to the addresses below.

Consultant: [INSERT BUSINESS NAME] [INSERT STREET
ADDRESS] [INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of Palm Desert
73-510 Fred Waring Drive Palm Desert, California 92260
Attn: [INSERT NAME AND TITLE]
Such notice shall be deemed made when personally delivered or when mailed, forty- eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

10. Legal Costs: In the event of any legal action between the City and Consultant arising out of the obligations of the Parties pursuant to this agreement, the prevailing Party will be entitled to payment of its costs and expenses, including its reasonable attorneys' fees.

11. Binding Effect; Successors: Neither Party shall assign or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the other Party, which may be given in such Party's sole and absolute discretion. Any attempt to do so shall be null and void, and any assignees or transferees shall acquire no right or interest by reason of such attempted assignment or transfer. This Agreement shall bind and inure to the benefit of the Parties and their respective heirs, legal representatives, successors and assigns and all of the Parties thereto shall be jointly and severally liable hereunder.

12. Counterparts: This Agreement may be executed in counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument which shall be binding upon the Parties notwithstanding that the Parties may not be signatories to the same counterpart or counterparts. The

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Parties may integrate their respective counterparts by attaching the signature pages of each separate counterpart to a single counterpart.

13. Further Assurances: Whenever requested to do so by the other Party, each Party shall execute, acknowledge, and deliver any further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents, and any documents that are necessary, expedient, or proper to complete anything contemplated by this Agreement. In addition, each Party shall do any other acts and execute, acknowledge, and deliver any requested documents in order to carry out the intent and purpose of this Agreement.

14. Modifications: All modifications to this Agreement must be in writing and signed by the Parties.

15. Third-Party Rights: Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the Parties and their respective successors and assigns, any rights or remedies.

16. Governing Law; Choice of Venue: This Agreement shall be governed and construed in accordance with California law, including the Fair Political Practices Act of 1974. Venue shall be Riverside County, California.

17. Severability: If any provision of this Agreement becomes or is declared by a court to be illegal, unenforceable or void, that clause will be omitted, and the remainder of the Agreement will continue in full force and effect. Such holding shall in no way affect the validity or enforceability of this Agreement.

18. Entire Agreement: This Agreement is the entire agreement between the Parties and supersedes any prior or contemporaneous representations, understandings, or agreements, whether written or oral. [SIGNATURES ON NEXT PAGE]

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SIGNATURE PAGE TO SPONSORSHIP AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***]
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.

CITY OF PALM DESERT [***INSERT NAME OF CONSULTANT***]
[***INSERT NAME OF LEGAL ENTITY***]
______________________________ PRESIDENT OR VICE PRESIDENT AND L. TODD. HILEMAN

CITY MANAGER
ATTEST:
______________________
ANTHONY J. MEJIA

CITY CLERK
APPROVED AS TO FORM:

SECRETARY OR TREASURER REQUIRED]
[IF CORPORATION, TWO SIGNATURES, By
By:

Its:

Printed Name:
[DELETE THE FOLLOWING SIGNATURE LINE

AND SECOND NOTARY

ACKNOWLEDGEMENT IF SECOND
SIGNATURE NOT REQUIRED]
By:
______________________
Best Best & Krieger LLP
CITY ATTORNEY Its:

Printed Name: _____________________

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EXHIBIT "A" SCOPE OF SERVICES
[Description of Event]

CONTRACT NO.

EXHIBIT "B" SCHEDULE OF SERVICES
[Sponsorship Benefits]

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Veronica Chavez, Director of Finance
REQUEST: RESOLUTION UPDATING OUTSIDE AGENCY FUNDING PROGRAM

GUIDELINES
RECOMMENDATION:

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

DESERT, CALIFORNIA, UPDATING THE OUTSIDE AGENCY FUNDING PROGRAM GUIDELINES.”
BACKGROUND/ANALYSIS:

The City of Palm Desert’s Outside Agency Funding Program provides annual grants to nonprofits, schools, and community-based organizations that deliver some of the unmet needs and services that serve the City of Palm Desert and its residents.

The program guidelines were most recently updated in 2019. In keeping with the City’s goals to improve efficiency and accountability utilizing best practices, additional revisions are being suggested at this time.

Below lists the summarized suggested changes:

1. Simplify program name to Outside Agency Funding Program.

2. Adds clarifying information to definition of “Completed Application.”

3. Clarifies requirement for follow up documentation on outcomes and reporting.

4. Clarifies what types of uses funds may or may not be used for in order to qualify.

5. Defines what a “special circumstance” is in relation to exception to the application period.

Each of these changes provides for full program application transparency to the community and organizations interested in applying for grant funds.

Legal Review:

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

FINANCIAL IMPACT:

There is no direct financial impact with this action.

ATTACHMENTS:

1. Resolution

2. 2024 Outside Agency Program Guidelines

3. Redline Version of 2019 Guidelines

RESOLUTION NO. 2024-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, UPDATING THE OUTSDIE AGENCY/ FUNDING PROGRAM GUIDELINES.

WHEREAS, the City of Palm Desert (“City”) receives many requests from citizens, groups and agencies for charitable, public benefit, public welfare and educational contributions; and
WHEREAS, the City is constrained by applicable law regarding the donation of public funds; and
WHEREAS, a Committee was established in the early history of the City to review such requests; and
WHEREAS, the City Council of the City of Palm Desert desires to maintain the review committee to advise the City Council regarding consideration of program funding for local agencies to be known as the “Outside Agency Funding Committee”; and WHEREAS, the current Committee is comprised of the Mayor and Mayor ProTempore or their designees, City Manager, City Attorney, and Finance Director; and WHEREAS, the City has established guidelines and procedures as set forth in Exhibit “A”; and
WHEREAS, the City desires to update the adopted guidelines and procedures as set forth in Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, that the Outside Agency Funding Committee responsibilities are as follows:

SECTION 1. Committee Members. There is hereby formalized by the City of Palm Desert the Outside Agencies / Charitable Contributions Committee consisting of the Mayor and Mayor Pro Tempore or their designees, City Manager, City Attorney, Finance Director, and a staff member appointed by the City Manager to represent volunteer organizations. The Finance Director serves as Chairman for Committee meetings.

SECTION 2. Outside Agency / Charitable Contributions Committee Purpose. The Outside Agency Committee is responsible for reviewing all requests for funding received during its annual application window, which is typically in the first quarter of the year. The Committee shall evaluate each application and make recommendations to the City Council based on each organization’s benefit to the community and budget constraints, among other factors. The Committee also reviews Other Sponsorship Applications and

Resolution No. 2024-____ Page 2
Community Development Block Grant (CDBG) applications and provides its recommendations to Council.

SECTION 3. Term of Office. There is no specific term of office, but Council members may be rotated annually at the discretion of the City Council. Staff shall remain on the Committee indefinitely.

SECTION 4. Time and Place of Meetings. The regular meeting of the Committee may be on call of the Chairman of the Committee, and should be held between the Outside Agency application deadline and the beginning of the next fiscal year at a location to be determined by the Finance Director.

ADOPTED ON ________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK

Resolution No. 2024-____ Page 3
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK

1 DOCUMENT IS A DRAFT, PENDING APPROVAL 1.25.24

CITY OF PALM DESERT

OUTSIDE AGENCY PROGRAM
Outside Agency Program Guidelines (Revised January25, 2024) FOCUS
The Outside Agency Funding Program was designed to support organizations that further Palm Desert programs and services and assist residents in need of support.  Primary consideration is given to recognized nonprofit organizations that directly benefit Palm Desert residents.
 Secondary consideration is given to recognized nonprofit organizations that indirectly affect the quality of life for the residents of Palm Desert.
 Preference is given to those applicants meeting the health and human service needs of underserved populations.

OBJECTIVES
 Protection and improvement of the living environment for the residents of Palm Desert.  Assistance to low and moderate-income households and special population groups such as the elderly in meeting basic needs.
 Enabling residents to increase or improve his/her capacity to successfully handle issues over the long-term without continuing public assistance.

PRIORITIES
Priority is given in the following order to programs, projects or services that:

1. Address basic living conditions of the residents of Palm Desert, which include food and shelter.

2. Improve an individual’s or household’s health, basic living conditions and capacity to be selfsufficient, which include health care and related transportation, seniors, children, and youth services.

3. Improve the livability of the community. While these requests may provide programs or services that are not of necessity, they do offer exposure to arts and culture, advocacy, historic places or events, animals, educational programs, or services related to employment or job training, and other programs or services deemed necessary to support community groups and organizations.

Funding for certain events or activities that do not fall under the Special Programs umbrella may be considered on a case-by-casebasis and mustbe open to the public (e.g. public park, inclusive event.)

APPLICATION GUIDELINES FOR RECOGNIZED NON-PROFIT ORGANIZATIONS

1. Failure to comply with these Guidelines, including misuse of funds, may result in the termination of funding and disqualification from future grant cycles.

Guidelines for Application Review and Consideration
Revised: January 25, 2024
2 2. This is a competitive grant process; all applications will be evaluated based on the merit of the program or project. Applications must be complete in order to be accepted. Applications must:

A. Describethe organization’s purpose, years of operation, and leadership team; B. Include the estimatednumber of people that will be impacted by the use of the grant funds; C. Explain how the proposed use of grant funds aligns with community needs and the community benefit that will be achieved by the use of the grant funds; D. Describe project feasibility and the organization’s financial stability; E. Indicate whether the Applicant has received any other sources of funding for the proposed project.

3. The Applicant will agree to submit program outcomes and financial reports to the City regarding use of the funds upon request.

4. Requests forfunds that will be re-grantedby the organizationin any way will not be considered.

5. Due to the competitive nature of the grant process, receiving time at the Finance Department will be the governing time for acceptanceof applications. It is the responsibility of the Applicant to see that any material sent through the mail, in person, or by any other delivery method, will have sufficient time to be received by this specified date and time. Postmarks will not be accepted in lieu of actual delivery.

6. Applicants must be able to demonstrate that they apply for and receive funding from other sources, governmental or otherwise, and are not relying solely on City support. If the service offered is unique to Palm Desert, special consideration may be provided.

7. Funding requests are for the period of July 1 through June 30 of the program year. The activity or service for which funds are requested must occur in this timeframe. No award will be considered for any part of the program or service that falls outside of these dates, unless otherwise authorized by the City Manager as provided below.

8. The Applicant requesting funds must be in existence for a minimum of five (5) years prior to the application deadline in order to be considered for funding by the Outside Agency Funding Committee.

9. The Applicant must be of verifiable non-profit status and presently providing charitable, public benefit, public welfare or educational services to persons residing in the City of Palm Desert (the “City”).

10. Organizations shall agree not to use grant funds for political lobbying or discriminatory activities. The funds must be used for activities which are open to the general public and not restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status.

11. Funds must be used towards the activity described in the application. The grant funds cannot be directly provided to specific individuals, nor may the grant funds be constructively provided to specific individuals (e.g. Using grant funds to pay for certain individuals to go to an event is not permitted. By contrast, using grant funds to reduce the overall costs of an event is permitted.).

Guidelines for Application Review and Consideration
Revised: January 25, 2024
3 12. Religious organizations are eligible to apply for grant funds, but the use of the grant funds cannot be devoted to a religious purpose. Instead, the grant funds must be used toward a secular purpose (e.g. cultural heritage; promote community knowledge and understanding).

13. The Applicant must have an existing program in place and a staff that is ready and willing to provide services to the City for the benefit of its residents. Funds will not be contributed to any agency or group for “startup” costs.

14. The City must have the desire to have the services as detailed in the Applicant’s application performed for the City and its residents by the agency or group. Priority is given to agencies providing a direct benefit to Palm Desert residents.

15. Organizations receiving a Community Development Block Grant (CDBG) or other City funding in the same period are typically not considered for Outside Agency funding.

16. Funds awarded to successful Applicants are for the purposes of providing a program or service to the City of Palm Desert, or its sphere of influence, to the extent possible. Said funds are not designated for capital purchases, equipment, or insurances of any kind, and cannot be used for salaries of employees on the payroll of the Applicant without prior approval of the City Council.

17. The Applicant agrees to use the funds granted by the City to provide only the services represented in its application for funding and listed on the Agreement between the Applicant and the City.

18. An Applicant is ineligible to receive funding for events or programs which it does not conduct itself or conduct in collaboration with another organization.

19. Where the Applicant received funding for the current fiscal year, all documents must be submitted and agreement terms complete prior to funding disbursement for the following fiscal year.

20. Organizations requesting funding after the deadline for the annual review has passed may submit an application to the City Manager for special consideration. Award of funds in this circumstance is rare, and is contingent upon (1) available funds remaining in the Outside Agency

21. Budget following disbursement to organizations compliant with the Committee’s annual deadlines, (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for grant funds by the required deadline and the event could not occur the following year.

22. Recreational fundraising events (i.e. golf tournaments, luncheon/dinner sponsorships and tickets, gala attendance and support) do not qualify for Outside Agency funding.

23. Emergency requests for contributions should be reviewed by the City Manager on a case- bycase basis to determine funding availability.

24. The City Manager may, after a request from an approved Outside Agency, consider a reallocation of the approved contribution provided such reallocation is consistent with the guidelines and the previously approved use.

Guidelines for Application Review and Consideration
Revised: January 25, 2024
4 ADDITIONAL GUIDELINES FOR SCHOOL ORGANIZATIONS (PTOs) The City of Palm Desert may elect to award funding to a Parent Teacher Organization, Association, Parent Club, Foundation or other formal group (“PTO”) of a Palm Desert public school in an effort to enhance educational programs and improve the scholastic abilities of the student body as a whole, and to support the various booster clubs at the school. The City aims to support efforts furthering student accomplishments in the areas of Science, Technology, Engineering and Mathematics (STEM) as well as college preparation programs,and requires that the PTO be in good standing with the City relative to any and all previous grant applications and agreements.

The City does not award funding for instruction, tuition or supervision of routine educational activities as these costs are not the responsibility of a municipality. Additionally, the City will direct any individual requests received from school clubs (boosters, dance, cheer, robotics, etc.) during the funded year back to the PTO for their consideration and recommend they submit a request to their PTO for inclusion in the upcoming application year. The City encourages the PTO to fundraise and support specialty programs for overall student enhancement as they see fit. The City has focused its interest in providing a charitable contribution to specific areas the City regards as beneficial to a majority of students.

Examples of Acceptable Expenditures
 Math and science-oriented computer software programs (e.g. TurnItIn, StateStandards)  Odysseyof the Mind, SAT preparation and AP testing fee reimbursement  Tutoring and scholastic readingprograms andmaterials (does not includetutor compensation)  Bully-, drug-, and gang-prevention programs and assemblies  Curriculum-basedassemblies (authors, demonstrations)
 Educational, curriculum-based field trip admission and transportation for students only o Examples of educational field trips: Living Desert, Riley’s Farm, Museum of Tolerance, Coachella Valley Water District. Show how the trip relates to the curriculum and follow up with student reports on what was learned.
o Examples of non-educational field trips: Disneyland, SeaWorld, Knott’s Berry Farm o Transportation costs for approved travel should be reasonable such as school bus or coach. Limousines or other modes of transportation not regularly provided for school use are not reimbursable.

Any other expenditure requests not specifically listed mustbe submitted and discussedduring the application process to determine if they would qualify for reimbursement. Any adjustments are at the discretion of the City Manager.

Examples of Discouraged Expenditures
 Awards assemblies and supplies (i.e. student of the month and improvement awards)  Tuition, salary, or supervision expenses
 Supplemental classroom materials or library supplies
 Capital equipment or hardware suchas computers, laptops, televisions or projector screens  Culinary, photography, or other specialty programs
 Reward or social parties (i.e. pizza party, ice-cream social)  Food, drinks, snacks of any kind for any meetings or activities  School dance, promotion, graduation expenses
 Hotel accommodations for any activities or events
 Fundraising, alumni or celebratory activities (bounce house rentals, carnival booths, festival events.

CITY OF PALM DESERT

OUTSIDE AGENCY / CHARITABLE CONTRIBUTIONS COMMITTEE PROGRAM Outside Agency ApplicationProgram Guidelines (Revised April January __1, 20192024) FOCUS
The Outside Agency Charitable Contributions CommitteeFunding Program was designed to support charities organizations that further Palm Desert programs and services, and assist residents in need of support.
 Primary consideration is given to recognized nonprofit organizations that directly benefit Palm Desert residents.
 Secondary consideration is given to recognized nonprofit organizations that indirectly affect the quality of life for the residents of Palm Desert.
 Preference is given to those applicants meeting health and human service needs of underserved populations.

OBJECTIVES
 Protection and improvement of the living environment for the residents of Palm Desert.  Assistance to low and moderate-income households and special population groups such as the elderly in meeting basic needs.
 Enabling residents to increase or improve his/her capacity to successfully handle issues over the long-term without continuing public assistance.

PRIORITIES
Priority is given in the following order to programs, projects or services that:

1. Address basic living conditions of the residents of Palm Desert, which include food and shelter.

2. Improve an individual’s or household’s health, basic living conditions and capacity to be selfsufficient, which include health care and related transportation, seniors, children and youth services.

3. Improve the livability of the community. While these requests may provide programs or services that are not of necessity, they do offer exposure to arts and culture, advocacy, historic places or events, animals, educational programs or services related to employment or job training, and other programs or services deemed necessary to support community groups and organizations.

Funding for certain events or activities that do not fall under the Special Programs umbrella may be considered on a case-by-case basis, and must be open to the public (e.g. public park, inclusive event.)

APPLICATION GUIDELINES FOR RECOGNIZED NON-PROFIT ORGANIZATIONS

1. Failure to comply with these Guidelines, including misuse of funds, may result in the termination of funding and disqualification from future grant cycles.

2. This is a competitive grant process; all applications will be evaluated based on the merit of the program or project. Applications must be complete in order to be accepted. Applications must:

A. Describe the organization’s purpose, years of operation, and leadership team; B. Include the estimated number of people that will be impacted by the use of the grant funds; C. Explain how the proposed use of grant funds aligns with community needs and the community benefit that will be achieved by the use of the grant funds; D. Describe project feasibility and the organization’s financial stability;

1. E. Indicate whether the Applicant has received any other sources of funding for the proposed project.

3. The Applicant will agree to submit program outcomes and financial reports to the City regarding use of the funds upon request.

4. Requests for funds that will be re-granted by the organization in any way will not be considered.

Guidelines for Application Review and Consideration
Revised: April January 1, 202419

5. Due to the competitive nature of the grant process, receiving time at the Finance Department will be the governing time for acceptance of applications. It is the responsibility of the Applicant to see that any material sent through the mail, in person, or by any other delivery method, will have sufficient time to be received by this specified date and time. Postmarks will not be accepted in lieu of actual delivery.

6. Applicants must be able to demonstrate that they apply for and receive funding from other sources, governmental or otherwise, and are not relying solely on City support. If the service offered is unique to Palm Desert, special consideration may be provided.

7. Funding requests are for the period of July 1 through June 30 of the program year. The activity or service for which funds are requested must occur in this timeframe. No award will be considered for any part of the program or service that falls outside of these dates, unless otherwise authorized by the City Manager as provided below.

8. The Applicant requesting funds must be in existence for a minimum of five (5) years prior to the application deadline in order to be considered for funding by the Outside Agency Funding Committee.

9. The Applicant must be of verifiable non-profit status and presently providing charitable, public benefit, public welfare or educational services to persons residing in the City of Palm Desert (the “City”).

10. Organizations shall agree not to use grant funds for political lobbying or discriminatory activities. The funds must be used for activities which are open to the general public and not restricted based on a person’s race, religion, ethnicity, age, sex, gender, gender identity, gender expression, disability, sexual orientation, or economic status.

11. Funds must be used towards the activity described in the application. The grant funds cannot be directly provided to specific individuals, nor may the grant funds be constructively provided to specific individuals (e.g. Using grant funds to pay for certain individuals to go to an event is not permitted. By contrast, using grant funds to reduce the overall costs of an event is permitted.).

12. Religious organizations are eligible to apply for grant funds, but the use of the grant funds cannot be devoted to a religious purpose. Instead, the grant funds must be used toward a secular purpose (e.g. cultural heritage; promote community knowledge and understanding).

13. The Applicant must have an existing program in place and a staff that is ready and willing to provide services to the City for the benefit of its residents. Funds will not be contributed to any agency or group for “startup” costs.

14. The City must have the desire to have the services as detailed in the Applicant’s application performed for the City and its residents by the agency or group. Priority is given to agencies providing a direct benefit to Palm Desert residents.

15. Organizations receiving a Community Development Block Grant (CDBG) or other City funding in the same period are typically not considered for Outside Agency funding.

16. Funds awarded to successful Applicants are for the purposes of providing a program or service to the City of Palm Desert, or its sphere of influence, to the extent possible. Said funds are not

designated for capital purchases, equipment, or insurances of any kind, and cannot be used for salaries of employees on the payroll of the Applicant without prior approval of the City Council.

17. The Applicant agrees to use the funds granted by the City to provide only the services represented in its application for funding and listed on the Agreement between the Applicant and the City.

18. An Applicant is ineligible to receive funding for events or programs which it does not conduct itself or conduct in collaboration with another organization.

19. Where the Applicant received funding for the current fiscal year, all documents must be submitted and agreement terms complete prior to funding disbursement for the following fiscal year.

20. Organizations requesting funding after the deadline for the annual review has passed may submit an application to the City Manager for special consideration. Award of funds in this circumstance is rare, and is contingent upon (1) available funds remaining in the Outside Agency

Guidelines for Application Review and Consideration
Revised: January 1, 2024 April 1, 2019

budget following disbursement to organizations compliant with the Committee’s annual deadlines, (2) a finding made by the City Manager that special circumstances prevented the Applicant from applying for grant funds by the required deadline and the event could not occur the following year.

21. Recreational fundraising events (i.e. golf tournaments, luncheon/dinner sponsorships and tickets, gala attendance and support) do not qualify for Outside Agency funding.

22. Emergency requests for contributions should be reviewed by the City Manager on a case-bycase basis to determine funding availability.

23. The City Manager may, after a request from an approved Outside Agency, consider a reallocation of the approved contribution provided such reallocation is consistent with the guidelines and the previously approved use.

17. ADDITIONAL GUIDELINES FOR SCHOOL ORGANIZATIONS (PTOs) The City of Palm Desert may elect to award funding to a Parent Teacher Organization, Association, Parent Club, Foundation or other formal group (“PTO”) of a Palm Desert public school in an effort to enhance educational programs and improve the scholastic abilities of the student body as a whole, and to support the various booster clubs at the school. The City aims to support efforts furthering student accomplishments in the areas of Science, Technology, Engineering and Mathematics (STEM) as well as college preparation programs, and requires that the PTO be in good standing with the City relative to any and all previous grant applications and agreements.

The City does not award funding for instruction, tuition or supervision of routine educational activities as these costs are not the responsibility of a municipality. Additionally, the City will direct any individual requests received from school clubs (boosters, dance, cheer, robotics, etc.) during the funded year back to the PTO for their consideration and recommend they submit a request to their PTO for inclusion in the upcoming application year. The City encourages the PTO to fundraise and support specialty programs for overall student enhancement as they see fit. The City has focused its interest in providing a charitable contribution to specific areas the City regards as beneficial to a majority of students.

Examples of Acceptable Expenditures
 Math and science-oriented computer software programs (e.g. TurnItIn, StateStandards)  Odyssey of the Mind, SAT preparation and AP testing fee reimbursement  Tutoring and scholastic reading programs and materials (does not include tutor compensation)  Bully-, drug-, and gang-prevention programs and assemblies  Curriculum-based assemblies (authors, demonstrations)  Educational, curriculum-based field trip admission and transportation for students only o Examples of educational field trips: Living Desert, Riley’s Farm, Museum of Tolerance, Coachella Valley Water District. Show how the trip relates to the curriculum and follow up with student reports on what was learned.
o Examples of non-educational field trips: Disneyland, SeaWorld, Knott’s Berry Farm

o Transportation costs for approved travel should be reasonable such as school bus or coach. Limousines or other modes of transportation not regularly provided for school use are not reimbursable.

Guidelines for Application Review and Consideration
Revised: April January 1, 202419

 Any other expenditure requests not specifically listed must be submitted and discussed during the application process to determine if they would qualify for reimbursement. Any adjustments are at the discretion of the City Manager.

Examples of Discouraged Expenditures
 Awards assemblies and supplies (i.e. student of the month and improvement awards)  Tuition, salary, or supervision expenses
 Supplemental classroom materials or library supplies
 Capital equipment or hardware such as computers, laptops, televisions or projector screens  Culinary, photography, or other specialty programs
 Reward or social parties (i.e. pizza party, ice-cream social)  Food, drinks, snacks of any kind for any meetings or activities  School dance, promotion, graduation expenses
 Hotel accommodations for any activities or events
 Fundraising, alumni or celebratory activities (bounce house rentals, carnival booths, festival events)

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Lucero Leyva, Project Manager
REQUEST: AUTHORIZE PURCHASE OF PARAMEDIC UNIT FOR NEW FIRE STATION 102
RECOMMENDATION:

1. Authorize the purchase of a new paramedic unit for the new Fire Station 102 in an amount not to exceed $303,449.02, pursuant to sections 3.30.160(I) and 3.30.160(J) of the Palm Desert Municipal Code.

2. Authorize Directory of Finance to set aside a 20% contingency in the amount of $60,689.80.

3. Authorize the City Attorney to make any necessary non-monetary changes to the agreement.

4. Authorize the City Manager to execute all documents necessary to effectuate this action.

BACKGROUND/ANALYSIS:

On January 26, 2023, the City Council approved the design of a fourth fire station to be located just north of the Gerald Ford Drive and Frank Sinatra Drive intersection. This new fire station, referred to as Fire Station 102, will help better serve the area's existing and developing communities. Currently, Fire Station 102 is tentatively scheduled to start operations in the Fall of 2025.

While Fire Station 102 is still undergoing the entitlement process with the City, staff has received a quote from Frazer for the purchase of a new paramedic unit. The quote was initiated and reviewed by CalFire to ensure the new paramedic unit met the requirements and specifications of the CalFire Agency. The new paramedic unit has an estimated eighteen-month to two-year lead time. City Staff will be working closely with the Cal Fire Staff and Frazer to expedite any part of the ordering process and ensure Fire Station 102 opens with all the equipment needed to serve its communities.

Staff has determined that Frazer is the only source that can provide this type of unit. Due to this fact and the need to timely equip the new fire station with a paramedic unit, proceeding with the purchase without further bidding is in City’s best interest. Accordingly, staff recommends the approval of the paramedic unit purchase to avoid or mitigate any delays to the Fire Station 102 project schedule.

Strategic Plan:

This project will allow the City to meet the “Public Safety & Emergency Service – Priority 1” Enhance the delivery of public safety services” of the Strategic Plan.

FINANCIAL IMPACT:

City of Palm Desert
(Authorize Purchase of Paramedic Unit for New Fire Station 102)

Funds for this purchase were included in the approved Capital Improvement (CIP) List for Fiscal Year 2023-24 under the Fire Fund Account No. 2354270-4400100. Therefore, this action has no financial impact on the General Fund.

ATTACHMENT:

1. Frazer Quote

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: ACCEPTANCE OF A RESIGNATION FROM THE CIVIC ENGAGEMENT

COMMITTEE
RECOMMENDATION:

With regret, accept the resignation of Scott Warmuth from the Civic Engagement Committee.

BACKGROUND/ANALYSIS:

On September 15, 2022, Scott Warmuth was appointed to the Civic Engagement Committee for a term ending June 30, 2024. On January 17, 2024, Mr. Warmuth informed the City of his need to resign from the Civic Engagement Committee effective immediately.

The Civic Engagement Committee consists of up to 12 members, with seven members currently appointed. Pursuant to Palm Desert Municipal Code 2.34.070, when the bylaws of a committee provide for a membership up to a certain number, then a majority of appointed members shall constitute a quorum for the transaction of business. As a result of this resignation, the Civic Engagement Committee will have six appointed members and the quorum threshold will be reduced to four members.

Legal Review:

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

FINANCIAL IMPACT:

There is no fiscal impact associated with this action.

PALM DESERT HOUSING AUTHORITY

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Jessica Gonzales, Housing Manager
REQUEST: RECEIVE AND FILE THE ANNUAL LOW- AND MODERATE-INCOME HOUSING ASSET FUND REPORT RELATIVE TO SB 341
RECOMMENDATION:

Receive and file the annual Low- and Moderate-Income Housing Asset Fund report relative to SB 341 for the 2022/2023 fiscal year.

BACKGROUND/ANALYSIS:

SB 341 provides that the housing successor, the Palm Desert Housing Authority (“Housing Authority”) must conduct and provide to its governing body, an independent financial audit and annual report relative to the Low and Moderate Income Housing Asset Fund (“LMIHAF”) within six months, after the end of each fiscal year. Such audit may be included in the independent financial audit of the City of Palm Desert. The audit and annual report must also be posted on the housing successor’s website.

The attached annual report provides the information as required pursuant to SB 341. The report has been reviewed and verified by the City’s auditors, with the LMIHAF included as a major fund in the City’s Financial Report. The reviewed SB 341 annual report is now being presented to the Housing Authority Board to receive and file.

Legal Review:

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

FINANCIAL IMPACT:

There is no impact to the General Fund.

ATTACHMENTS:

1. SB 341 Report for Fiscal Year 2022/2023

FY 2022/23
1) SERAF Deposits During FY 2022/23 N/A
2) Deposits into LMIHAF During FY 2022/23
Interest -
Rents -
ROPs Related Deposits -
Loan Payoffs / Hovely Payment -
Sales Proceeds -
Investment Earnings 1,554,962
Miscellaneous 38,780
Total Deposits into LMIHAF 1,593,742
(Less) Amount Pursuant to ROPS -
Total Effective Deposits into LMIHAF 1,593,742
3) LMIHAF Fund Balance and Available Cash Calculation as of June 30, 2023 LMIHAF Balance as of June 30, 2023 50,014,881
(Less) Amounts Deposited for ROPS (9,157,393)
(Less) Land Held for Resale (61,516)
(Less) Interest Receivables (19,553)
(Less) Notes Receiveables (11,178,813)
(Less) Prepaid Costs (551)
Available Cash as of June 30, 2023 29,597,055
4) Expenditures by Category
a) Monitor/Preserve Affordability Covenants 356,921
b) Administrative Expenditures 119,022
c) Homeless Prevention

LOW AND MODERATE HOUSING ASSET FUND

ANNUAL REPORT
FISCAL YEAR 2022/23

LOW AND MODERATE HOUSING ASSET FUND

ANNUAL REPORT
FISCAL YEAR 2022/23
d) Development of Affordable Housing
0% AMI - 30% AMI 6,030,000
31% AMI - 59% AMI -
60% AMI - 80% AMI -
5) Maximum Allowable Administrative Expenditures
Statutory Value of Real Property 71,359,909
Notes Receiveable 12,184,293
Total Assets (Land + Loans) 83,544,202
% of Total Assets 0
Maximum Administrative Costs 4,177,210
Minimum Maximum Administrative Costs 500,000
Maximum Allowable Administrative Expenditures 4,177,210 6) Transfers Made to Other Housing Successors N/A
7) Property Tax Revenue Held for ROPs Related Projects 9,157,393 8) Status of Property Owned by Housing Successor
Status of Property Acquired prior to February 1, 2012
Status of Property Acquired after February 1, 2012 N/A
9) Oustanding Obligations Related to Replacement/Inclusionsary/Production Requirements N/A Arc Village Site - ENA entered into with Chelsea, executed as of 8/2023, DDLA approval request expected 6/2024. Land will transfer when all financing is committed.

Palm Communities Site (10 acre site) - Extension through December 31, 2024 .DDA entered into on 10/15/22. Land will transfer when all financing is committed.

Sagecrest II Site - SLA exemption approval from HCD declined in 2023, RFP to be sent out in 2024.

LOW AND MODERATE HOUSING ASSET FUND

ANNUAL REPORT
FISCAL YEAR 2022/23
10) Income Targeting Test (Dollars Spent on Income Targeting) Compliance with Extremely Low Income Targeting N/A
Compliance with 60% AMI - 80% AMI Targeting N/A
11) Senior Rental Housing Units Test (Deed Restricted Rental Units Developed in last 10 Years) Senior Rental Housing Units (Completed between July 1, 2013 - June 30, 2023) 70 Multi Family Rental Housing Units (Completed between July 1, 2013 - June 30, 2023) - All Affordable Rental Housing Units in City (Completed between July 1, 2013 - June 30, 2023) 230 % of Senior Rental Housing Units to All Affordable Rental Housing Units 30% 12) Excess Surplus Calculation (EXCESS SURPLUS TEST)
Unencumbered LMIHAF Balance
Available Cash (See #3) 29,597,055
(Less) Funds Committed as of June 30, 2023

11.8 Acre Site (Crossings at Palm Desert - 176 rental units) Conditional Loan approved July 14, 2023 (7,235,000) 10 Acre Site (Palm Villas 239 rental units) - DDLA approved June 22, 2023 (3,330,000) Unencumbered LMIHAF Balance 19,032,055
Deposits for the preceding four years:

Fiscal year 2021-22 512,418
Fiscal year 2020-21 228,525
Fiscal year 2019-20 2,442,063
Fiscal year 2018-19 5,006,356
Total Deposits 8,189,362
Base Limit 1,000,000
Greater of Aggregate Deposited or $1,000,000 8,189,362
Computed Excess Surplus 10,842,693

LOW AND MODERATE HOUSING ASSET FUND

ANNUAL REPORT
FISCAL YEAR 2022/23
Plans for depleting the Excess Surplus
Sagecrest II Development - RFPs are to be set out in 2024. 7,000,000 Arc Village Development - Under ENA with Chelsea. 2,000,000 Portola Palms Mobile Home lots (2 ownership units) - RFP to go out at end of 2024 1,000,000 Self Help Silent Second Loans 800,000
13) Homeownership Portfolio Status
Restricted Homeownership Units as of July 1, 2022 280
Number of Restricted Homeownership Units ADDED during FY 2022/23 1 Number of Restricted Homeownership Units REMOVED during FY 2022/23 (14) Provide reason for units to be removed
11 Self-Help Homeownership units were removed, the term of the affordability covenant expired; 2 PPMHP Units were released, paid off and/or term expired; Pearson and Hoover 1 Falcon Crest home acquired; Goforth
Restricted Homeownership Units as of June 30, 2023 267
Amount of Funds returned to Housing Successor during FY 2022/2023 $331,780.00 Housing Successor has not contracted with any outside entity for the management of the homeownership units.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Anthony J. Mejia, City Clerk
REQUEST: PALM DESERT REDISTRICTING 2023: ADOPTION OF AN ORDINANCE

ESTABLISHING CITY COUNCIL ELECTION DISTRICT BOUNDARIES

AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS AND

INTRODUCTION OF AN ORDINANCE ELIMINATING USE OF RANKED

CHOICE VOTING
RECOMMENDATION:

1. Adopt Ordinance No. 1406 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM

DESERT MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS, DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE DISTRICTS.”

2. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 2.38.050 OF CHAPTER 2.38 (“GENERAL MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE TO IN ORDER TO ELIMINATE

RANKED CHOICE VOTING FOR THE ELECTION OF MEMBERS OF THE CITY COUNCIL.”
BACKGROUND/ANALYSIS:

On June 22, 2023, the City Council unanimously directed staff to take the necessary steps to transition to five single-member districts prior to the November 2024 Election and to eliminate use of Ranked Choice Voting (RCV) in future elections.

In accordance with the FAIR MAPS Act, as amended, the City facilitated two map drawing workshops, three community workshops, and five public hearings. A total of six draft maps were submitted by the public and three draft maps were submitted by the City’s demographer.

On November 16, 2023, the City Council held a public hearing and considered all submitted maps and selected Map 109 as a focus map for further consideration.

On December 14, 2023, “Map 109 Renumbered” was presented by staff to ensure that the sequence of elections resulted in the districts being up for election in numerical order (such as Districts 1, 2, and 3 being up for election in November 2024 and Districts 4 and 5 in November 2026). Following the public hearing, the City Council reaffirmed its preference for “Map 109 Renumbered.”

City of Palm Desert
Palm Desert Redistricting 2023

On January 11, 2024, City staff presented “Map 109 Renumbered B” noting that it was modified to correct the District 3 street alignment so that the boundaries follow Cook Street and El Dorado Drive rather than the interior streets of the Lakes Country Club. Following the public hearing, the City Council unanimously adopted “Map 109 Renumbered B” and introduced Ordinance No. 1406 defining district boundaries and scheduling elections within the districts.

It is important to note that the four members of City Council elected to the current District 2 (based on the map approved in 2022) will continue to serve as representatives of said district until their term expiration. In November 2024, Districts 1, 2, and 3 will be up for election and those elected will then serve as Councilmembers of the newly established districts.

In November 2026, Districts 4 and 5 will go up for election and at that point those elected will represent said districts and the transition to five single-member districts will be complete.

NEXT STEPS:

Upon approval of the ordinance establishing district boundaries and scheduling elections, City staff will notify and provide implementation files to the Riverside County Registrar of Voters. At the February 15, 2024, City Council meeting, City staff will submit a Summary Report on Redistricting Outreach and as required by Elections Code 21130(f), a report that explains the basis on which the City Council made its decision in achieving compliance with the redistricting requirements and criteria.

Legal Review:

This report has been reviewed by William Priest and the City Attorney’s Office.

FINANCIAL IMPACT:

There is no financial impact associated with this action.

ATTACHMENTS:

1. Ordinance No. 1406 – Establish District Boundaries and Schedule Elections

2. Draft Ordinance – Rescinding Use of Ranked Choice Voting

Palm Desert Redistricting 2023
ORDINANCE NO. 1406

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING SECTION 2.38.040 OF THE PALM

DESERT MUNICIPAL CODE RELATED TO BY-DISTRICT ELECTIONS,

DEFINING DISTRICT BOUNDARIES, AND SCHEDULING ELECTIONS

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

Section 1. Recitals
A. The City of Palm Desert currently elects five Councilmembers using a bydistrict election system comprised of two districts.

B. The City Council has determined that it is in the best interest of the City to shift from its current two-district election system to a five-district by-district election system.

C. California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to a “bydistrict” system in which each Councilmember is elected only by the voters in the district in which the candidate resides, or a “by-district” system with an at-large, elected Mayor.

D. Pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of the City of Palm Desert made by this Ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Sections 14025 through 14032 of the California Elections Code.

E. The City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps.

F. In accordance with Elections Code section 21100 et seq. and Elections Code section 21620 et seq., the City Council held two “pre-map” public hearings to obtain input on any proposed district boundaries on September 14, 2023, and September 28, 2023.

G. A. On September 6, 2023, November 29, 2023, and December 6, 2023, the City conducted Community Workshops to provide the public with information on the redistricting process, to solicit input, and begin reviewing the proposed maps.

H. On November 16, 2023, December 14, 2023, and January 11, 2024, the City Council held three “post-map” hearings to review the proposed maps and solicit input and comment from the public.

Ordinance No. 1406 Page 2
I. On January 11, 2024, the City Council selected a map for adoption and introduced, read by title, and waived further reading of this Ordinance.

J. The purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the Members of the City Council of the City of Palm Desert by-district in five single-member districts as reflected in Exhibit A to this Ordinance.

Section 2. Amendment to Code Section 2.38.040 of the Palm Desert Municipal Code is amended in its entirety to read as follows:
“2.38.040 – ELECTION OF CITY COUNCIL
(A) By-District Elections. Pursuant to California
Government Code section 34886, Members of the City
Council of the City of Palm Desert shall be elected bydistrict in five (5) single-member districts.

1. Members of the City Council shall be elected in
the electoral districts established by subdivision
(B) of this Section and subsequently
reapportioned as provided by State law.

Elections shall take place “by-district” as that
term is defined in California Government Code
section 34871, meaning one Councilmember
shall be elected from each district, by the voters
of that district alone.

2. A Councilmember elected or appointed to
represent a district must reside in that district
and be a registered voter in that district, and any
candidate for City Council must reside in, and
be a registered voter in, the district in which he
or she seeks election at the time nomination
papers are issued.

3. Termination of residency in a district by a
Councilmember shall create a vacancy for that
City Council district unless a substitute
residence within the district is immediately
declared and established within thirty (30) days
after the termination of residency.

4. Notwithstanding any other provision of this
Section, the Councilmembers in office at the
time this Section takes effect shall continue in
office until the expiration of the term to which he
or she was elected. In the event a vacancy

Ordinance No. 1406 Page 3
occurs in District 1 before the expiration of the
term of a Councilmember in office at the time
this Section takes effect, a person who is
appointed or elected by special election to fill
such vacancy must reside within the boundaries
of District 1 as constituted when the
Councilmember creating the vacancy was
elected. In the event a vacancy occurs in District
2 before the expiration of the term of a
Councilmember in office at the time this Section
takes effect, a person who is appointed or
elected by special election to fill such vacancy
must reside within the boundaries of District 2
as constituted when the Council Member
creating the vacancy was elected. A person(s)
appointed or elected to fill such a vacancy(ies)
shall hold the office in accordance with State
law.
(B) City Council Districts and District Elections. All five Councilmembers shall be elected on a “by-district”
basis from the Council districts shown and numbered
on the map titled ‘City of Palm Desert District Map –
Map 109 Renumbered B’ attached as Exhibit A, a copy
of which shall be on file in the City Clerk’s office. In 2024, and every four years thereafter, the following
three City Council districts shall be elected by-district:

District 1; District 2; and District 3. In 2026, and every four years thereafter, the following two City Council
districts shall be elected by-district: District 4 and
District 5.
(C) Amendment of District Boundaries. Pursuant to
Elections Code section 21601, as it may be amended
from time to time, the City Council shall adjust the
boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.”
Section 3. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Ordinance No. 1406 Page 4
Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Palm Desert hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this Ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this Ordinance.

ADOPTED ON ___________________.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. 1406 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on January 11, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK

Ordinance No. 1406 Page 5

EXHIBIT A
City of Palm Desert District Map - Map 109 Renumbered B

ORDINANCE NO. 2024-____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REPEALING SECTION 2.38.050 OF CHAPTER 2.38
(“GENERAL MUNICIPAL ELECTIONS”) OF TITLE 2 (“ADMINISTRATION AND PERSONNEL”) OF THE PALM DESERT MUNICIPAL CODE TO IN

ORDER TO ELIMINATE RANKED CHOICE VOTING FOR THE ELECTION

OF MEMBERS OF THE CITY COUNCIL
WHEREAS, on June 5, 2019, two plaintiffs, represented by attorney Kevin Shenkman and other legal counsel, filed a lawsuit against the City alleging a violation of the California Voting Rights Act (CVRA) based on the City’s use of an at-large election system for City Council members; and
WHEREAS, while the City did not believe that its at-large election system violated the CVRA, due to the low threshold of proof required by the CVRA, the unanimously unsuccessful efforts by California cities to defend against such lawsuits to date, and the considerable cost of defending such lawsuits, the City decided to settle the case with Mr. Shenkman and his clients; and
WHEREAS, on December 12, 2019, the City and the plaintiffs announced a settlement of the lawsuit, the principal elements of the settlement being as follows:
• A two-district election system was approved as outlined in the Court-approved electoral district map. District 1 would represent the “Civic Center District” (approximately 20% of the City’s total population) and elect one member to the City Council. District 2 (the “Outer District”) would represent the remainder of the City (approximately 80% of the City’s total population) and elect the other four members to the City Council.
• The City would implement ranked choice voting (RCV) for City Council elections at the November 2020 General Municipal Election or the earliest practicable election date.
• The City is prohibited for 10 years from conducting any further at-large elections except as set forth above. However, this shall not preclude the Council from adopting a five single-member district electoral system in accordance with applicable law.

WHEREAS, in early 2020, the City followed the public hearing, outreach and input procedure set forth in AB 350 and, pursuant to the legal authority in Government Code sections 34871 and 34886, adopted Ordinance No. 1356 on May 14, 2020, approving a two-district electoral map that transitioned the City from an entirely at-large system and which established RCV.

WHEREAS, at the November 2020 General Municipal Election, the City elected one Council member from District 1 and two Council members from District 2. The City was unable to conduct RCV at that time due to timing and logistics issues caused by the COVID-19 pandemic; and
WHEREAS, at that November 2022 General Municipal Election, the City elected two Council members from District 2 and held its first election by RCV; and

Ordinance No. 2024-___ Page 2
WHEREAS, the City Council finds that conducting RCV in the November 2022 General Municipal Election resulted in substantial voter confusion and misunderstanding, and did not serve the City’s residents well during the time of the Election; and WHEREAS, based upon this, the City Council desires to repeal RCV in the City for future Council elections; and
WHEREAS, as part of discussions with Mr. Shenkman and his clients, they and the City have agreed that, under the CVRA settlement agreement, the City is permitted to transition to a five-district electoral system and, after doing so, is no longer obligated to maintain RCV for the City’s election system; and
WHEREAS, after following the public hearing, outreach and input procedure set forth in State Elections Code for redistricting, and pursuant to the legal authority in Government Code sections 34871 and 34886, the City Council adopted Ordinance No. 1406 on January 25, 2024, approving a transition from a two-district electoral system to a five-district electoral system for City Council members, starting with the November 5, 2024, General Municipal Election; and
WHEREAS, the City Council has satisfied all other prerequisites to adoption of this Ordinance repealing RCV in future City of Palm Desert City Council elections.

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

SECTION 1. REPEAL OF MUNICIPAL CODE SECTION. Section 2.38.050 of Chapter 2.38 of Title 2 of the Palm Desert Municipal Code pertaining to ranked choice voting (RCV) is hereby repealed in its entirety.

SECTION 2. SEVERABILITY. If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.

SECTION 3. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from its adoption.

SECTION 4. PUBLICATION. The City Clerk shall certify the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Palm Desert, pursuant to all legal requirements.

Ordinance No. 2024-___ Page 3
ADOPTED ON ___________________, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Desert City Council on _________, 2024, and adopted at a regular meeting of the City Council held on __________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Gary Shaffer, Director of Library Services REQUEST: INTRODUCTION OF AN ORDINANCE ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE, ESTABLISHING A

MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF

EXEMPTION UNDER CEQA
RECOMMENDATION:

Adopt an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ADDING CHAPTER 2.74 TO TITLE 2 OF THE PALM DESERT

MUNICIPAL CODE, ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY, AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
BACKGROUND/ANALYSIS:

The City is taking over local library services from the County of Riverside and its library operator LSS, beginning July 1, 2024. At its regular meeting on October 12, 2023, the City Council adopted Resolution No. 2023-047 approving the City’s withdrawal from the Riverside County Library System and assumption of the provision of library services in the City as of July 1, 2024, and indicating the City’s intent to establish an independent municipal library. Staff is currently negotiating an agreement with the County of Riverside to establish the terms of the withdrawal, including the transfer of tax revenues and library property, and hiring of library staff.

The next step is to adopt an ordinance to formally establish the municipal library, pursuant to the City’s authority to govern its municipal affairs provided in Article XI, Section 5 of the California Constitution and Section 101 of the City Charter. Once adopted, the ordinance will:
 Meet the legal requirements,
 Designate the City Council as the legislative body and outline parameters for the annual budget for library services, and
 Provide authority to the City Manager to manage this new service as with all other services,
Legal Review:

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

Environment Review:

This action is exempt under CEQA.

FINANCIAL IMPACT:

City of Palm Desert
Municipal Library Ordinance

This action will have no direct financial impact.

ATTACHMENT:

1. Draft Ordinance

Report ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA ADDING CHAPTER 2.74
TO TITLE 2 OF THE PALM DESERT MUNICIPAL CODE,

ESTABLISHING A MUNICIPAL LIBRARY FOR THE CITY,

AND MAKING A FINDING OF EXEMPTION UNDER CEQA
WHEREAS, at its regular meeting on October 12, 2023, the City Council of the City of Palm Desert adopted Resolution No. 2023-047, after conducting a public hearing and providing the required notice pursuant to Education Code section 19100 et seq., approving the City’s withdrawal from the Riverside County Library System (“RCLS”), assuming the provision of library services in the City of Palm Desert, and indicating the City’s intent to establish an independent municipal library; and
WHEREAS, pursuant to Resolution No. 2023-047, as of July 1, 2024, or upon the transfer of property, whichever is later, the City of Palm Desert will withdraw from the RCLS and shall assume the responsibility for the provision of library services within the City’s jurisdiction; and WHEREAS, the City is authorized to establish a municipal public library pursuant to Section 101 of the City of Palm Desert Charter, and Article XI, Section 5 of the California Constitution; and
WHEREAS, the City Council desires that the Palm Desert Public Library be established as a municipal public library to be operated by the City.

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

Section 1. Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Establishment. The City Council of the City of Palm Desert hereby establishes the Palm Desert Public Library to provide library services directly to the public as a municipal library, and directs city staff to take all necessary steps and actions in order to effectuate the transition of the Palm Desert Library from the Riverside County Library System to a municipal library.

Section 3. Amendment to Code. The Palm Desert Municipal Code is hereby amended by adding Chapter 2.74, Public Library, of Title 2, Administration and Personnel, to read as follows:

Section 2.74.010 Public Library Established.

The City Council of the City of Palm Desert hereby establishes and provides for the regulation and maintenance of a public library in the city to be known as the Palm Desert Public Library. The purpose of this chapter is to ensure that the Palm Desert Public Library provides a

quiet, orderly, and safe environment in which people may read, study, use library materials and equipment, and attend programs.

Section 2.74.020 Governance and Operation of Library.

The city manager or their designee shall direct and control all affairs of the library. The city manager shall cause to be employed a Director of Library Services, and authorize the Director of Library Services to employ such assistants and employees as may be necessary for the proper management of the library, and fix their compensation; provided, however, that prior to such employment, the compensation of the Director of Library Services, assistants and employees shall have been fixed and approved by a majority of the members of the city council voting in favor thereof.

Section 2.74.030 Rules and Regulations.

The city manager or their designee shall establish the rules of conduct for library patrons.

The city manager or their designee may do and perform any and all other acts and things necessary or proper to carry out the provisions of this chapter.

Section 2.74.030 Library Fund and Expenditures.

A. The legislative body of the city shall annually allocate from the general funds of the city a sum of money, the amount of which shall be determined by the legislative body, which sum, together with all money acquired by gift, devise, bequest or otherwise for the purposes of the library shall be apportioned to a fund to be designated the library fund and be applied to the purposes authorized under this chapter.

B. If such payment into the treasury should be inconsistent with the conditions or terms of any such gift, devise, or bequest, the city shall provide for the safety and preservation of the same, and the application thereof to the use of the library, in accordance with the terms and conditions of such gift, devise, or bequest.

C. Payments from the fund shall be made in the same manner as provided for the payment of other demands against the city; provided, that all demands on such fund shall be first presented to the city council and approved by it before being ordered paid.

Section 2.74.040 Title to Property.

The title to all property acquired for the purposes of the library established under this chapter, when not inconsistent with the terms of its acquisition, or otherwise designated, shall vest in the city and, in the name of the city, may be sued for and defended by action at law or otherwise.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, unconstitutional, or unenforceable by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. the City Council of the City of Palm Desert hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that

any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases would be declared invalid, unconstitutional, or unenforceable.

Section 5. CEQA. The City Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines Sections 15060(c)(2) and 15061(b)(3) in that the proposed changes are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment.

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this Ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this Ordinance.

PASSED, APPROVED, AND ADOPTED this _____ day of ______2024. ___________________________________

KARINA QUINTANILLA
MAYOR
ATTEST:
__________________________________
ANTHONY J. MEJIA, MMC

CITY CLERK
APPROVED AS TO FORM:
__________________________________
Isra Shah, City Attorney

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: AUTHORIZE THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE SALE OF 45-656 MOUNTAIN

VIEW AVENUE, PALM DESERT
RECOMMENDATION:

Authorize the City Manager to execute any and all documents necessary for the sale of 45-656 Mountain View Avenue, Palm Desert.

BACKGROUND/ANALYSIS:

On August 24, 2023, the City executed a Purchase and Sale Agreement and Escrow Instruction (PSA) with Maureen Gage and Stephen P. Yinger for the sale of the City-owned house situated at 45-656 Mountain View Avenue.

Following the execution of the PSA, escrow was opened, but a legal case against the previous property owner’s Trust, unrelated to the City's interests, caused a delay in the property transfer.

The case's resolution, followed by a mandatory forty (40) day waiting period by the escrow company, has now concluded.

To proceed with the property's sale, the escrow company requires formal authorization from the City Council for the City Manager to execute pertinent documents.

Therefore, staff requests City Council approval for the City Manager to execute any and all documents related to the sale of the City-owned property at 45-656 Mountain View Avenue.

Legal Review:

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

FINANCIAL IMPACT:

Upon the sale of the property, the City will receive $549,000.

ATTACHMENTS:

1. Mountain View PSA

PURCHASE AND SALE AGREEMENT AND ESCROW INSTRUCTIONS
is dated as of August 24,

RECITALS
A. The SELLER is the owner of the fee simple interest in that certain property referenced as 45-656 Mountain View Avenue in the City of Palm Desert consisting of a single-family residence of approximately 1580 square feet in size located on a parcel of approximately 0.17 acres of land (APN 627-351-
part hereof by this reference.

B. SELLER and BUYER agree that the purchase price is Five Hundred Forty-Nine Thousand and 00/100 Dollars ($549,00 ASexcept as specifically provided in this Agreement.

NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the SELLER and BUYER hereto agree as follows:

Section 1. Recitals.

The recitals set forth above are true and correct and incorporated herein by this reference.

Section 2. Purchase and Sale of Property.

Subject to all of the terms, conditions, and provisions of this Agreement and for the consideration set forth below, SELLER hereby agrees to sell, convey, and transfer to BUYER and BUYER hereby agrees to acquire all of the right, title, and interest of SELLER in and to the Property.

The Property will be conveyed to BUYER when the Purchase Price is paid in full in accordance with this Agreement.

Buyer shall indemnify, defend, and hold harmless City of Palm Desert, and its officers, officials,

from
the sole negligence or willful misconduct of the Agency. In the event the Agency Indemnitees are ccess to the property during the
fees, incurred in defense of such Claims.

Prior to entering the property during the escrow period, Buyer shall cause each of its agents who in the minimum amount of $1,000,000 per occurrence / $2,000,000 general aggregate. City of Palm Desert and its officials, officers, employees, and agents shall be included as additional insureds. The policy shall be endorsed to be primary as respects Claims arising out this agreement, and any insurance or self-insurance maintained by the Agency shall not be required to contribute.

Section 3. Consideration.

The total consideration to be paid by BUYER for the acquisition of the Property shall be FIVE HUNDRED FORTY-NINE THOUSAND AND 00/100 Dollars
Contemporaneously with the execution and delivery of this Agreement, Purchaser has delivered to Seller and Seller hereby acknowledges the receipt of One Hundred Dollars ($100.00) (the "Independent Consideration"), which amount the parties bargained for and agreed to as adequate and sufficient consideration for Purchaser's exclusive right to inspect and purchase the Property pursuant to this Agreement and for Seller's execution, delivery, and performance of this Agreement. The Independent Consideration is in addition to and independent of any other consideration or payment provided in this Agreement, is nonrefundable, is fully earned and shall be retained by Seller notwithstanding any other provision of this Agreement.

Section 4. Opening of Escrow.
(a) BUYER shall deliver into escrow a deposit in the amount of Sixteen Thousand Five wire transfer, within three (3) business days following the date a copy of this fully executed Agreement is delivered to Escrow.

All expenses incurred in the transfer of title, including but not limited to escrow, Title Policy (as defined in Section 8, below), documentary stamps and recording fees are to be paid by BUYER. (b) The transfer and sale of the Property shall take place through escrow (the Timios, 750 Main Street Red Bluff, Red
Bluff, California 96080, Attn. Gloria Zamora, Escrow Officer. The Escrow for the Property shall

Agreement executed by SELLER and BUYER. The date of Opening of Escrow shall be memorialized by Escrow Holder in writing delivered to the parties. Escrow will be opened within Council.
(c) If this Agreement is terminated or Escrow is cancelled as a result of a default by SELLER, then SELLER shall be solely responsible to the Escrow Holder for payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder. If this Agreement is terminated or Escrow is cancelled payment of all customary and reasonable escrow cancellation charges to the Escrow Holder without further or separate instruction to the Escrow Holder.

Section 5. Due Diligence Period.
(a)
of time to expire at 5:00 p.m., Pacific Time, on the date which is thirty (30) days from the Opening of Escrow to allow the BUYER the opportunity to investigate the condition and suitability of the any reason, at its sole discretion, BUYER shall notify SELLER and Escrow Holder in writing prior to the expiration of the Due Diligence Period and, thereafter, SELLER and BUYER shall have no further obligation to each other, Escrow shall be cancelled and this Agreement shall automatically terminate on the date of such election and the parties shall each be relieved and discharged from of termination to SELLER on or before the expiration of the Due Diligence Period shall constitute an election by BUYER to waive the termination right contemplated under this Section 5 and proceed with this Agreement, subject to all the other terms and conditions of this Agreement. (b) SELLER hereby grants to BUYER for use by BUYER and its officers, directors, employees, agents, representatives, tenants, prospective tenants, contractors, and other persons accessing the Property by, through or with the permission or under the direction or auspices of BUYER, a limited and revocable license to enter upon the Property for purposes of (a) conducting determined reasonably necessary by BUYER to permit it to determine the physical condition of the Property and any hazardous substances located thereon and to determine the suitability of (48) hours telephonic, electronic mail or written notice of any intended access which involves work on the Property; and (ii) conduct no Invasive Investigations without the written consent of the Invasive Investigations al
testing, sampling, invasive testing, or boring into the soils. If BUYER desires to conduct any Invasive Investigations, it will first provide SELLER with a written statement describing the scope of any such Invasive Investigations. SELLER will not unreasonably withhold, condition, or delay its consent to any such Invasive Investigations and will be deemed to have given its consent to the specified scope of such Invasive Investigations if SELLER does not (within three (3) business

days following receipt of the proposed scope of such Invasive Investigations) give BUYER a written statement identifying those items to which SELLER has an objection. (c) Prior to entering the Property during the Due Diligence Period, BUYER shall maintain, and cause each of its agents, consultants, contractors and representatives who intend to enter the Property on the BUYER maintain and provide evidence of general liability insurance in the minimum amount of $1,000,000 per occurrence / $2,000,000 general aggregate.

SELLER and its officials, officers, employees, and agents shall be included as additional insureds.

The policy shall be endorsed to be primary as respects claims arising out this agreement, and any insurance or self-insurance maintained by the SELLER shall not be required to contribute.

Section 6. Close of Escrow.
(a)
conditions set forth in this Agreement for the close of Escrow for the transfer of the Property have been satisfied, and the Deed is recorded by the Escrow Holder. The Property shall be transferred to BUYER at the Close of Escrow, provided that within the periods of time set forth in this Agreement provided: (i) BUYER has not terminated this Agreement, (ii) BUYER has accepted the Deed, and (iii) all other conditions of the Close of Escrow set forth in this Agreement have been met and BUYER has paid, or caused to be paid to the Escrow Holder all applicable escrow costs relating to such closing. The Close of Escrow shall occur on a date designated by BUYER (on advance notice to SELLER) no later than one hundred twenty (120) days after the expiration of the due diligence period.
(b) Close
of Escrow is conditioned on all of the following:
(1)
the following to the Escrow Holder:
(i) The Deed, executed and acknowledged by SELLER.
(ii) an affidavit of non-foreign status of SELLER under the Foreign Investment in Real Property Tax Act.
(iii)
Settlement Statement
(iv) any transfer declarations required by applicable law; (v)
to Escrow Holder to delete the non-survey related standard, pre-printed exceptions. (vi) any other customary closing documents in form and substance reasonably satisfactory to SELLER to consummate the Transaction.

(2) Pre-Existing Obligations. There shall exist no leases, contracts or rights of occupancy or other agreements or contracts with respect to the Property entered into by SELLER that shall survive the Close of Escrow.
(3) Title Conditions Satisfied. The Escrow Holder shall be in a position to issue the Title Policy to BUYER in the amount of the Purchase Price with respect to the Property and subject only to the exceptions permitted by Section 8 of this Agreement. (4) e. SELLER shall have delivered all of the
documents and other items required pursuant to Section 6(b)(1) and shall have performed all other material obligations under this Agreement to be performed by SELLER at or prior to the Close of Escrow provided that SELLER shall have a reasonable opportunity to cure any such default after receiving written notice thereof from BUYER. (5) Representations True. All representations and warranties made by SELLER in this Agreement shall be true and correct in all material respects on and as of the Close of Escrow, as if made on and as of such date.
(c) Conditions to SELLER's Performance. SELLER's obligation to consummate the Close of Escrow is conditioned on all of the following:
(1) BUYER's Closing Deliveries. At the Close of Escrow, BUYER shall deliver the following:
(i) The Purchase Price less the Deposit, as adjusted for apportionments and other adjustments required under this Agreement, plus any other amounts required to be paid by BUYER at the Close of Escrow.
(ii) The Settlement Statement.
(iii) any transfer declarations required by applicable law; (iv) any other customary closing documents in form and
substance reasonably satisfactory to BUYER to consummate the Transaction. (2) BUYER's Deliveries Complete. BUYER shall have delivered all of the documents and other items required pursuant to Section 6(c)(1) and shall have performed all other material obligations to be performed by BUYER at or prior to the Close of Escrow provided that BUYER shall have a reasonable opportunity to cure any such default after receiving written notice thereof from SELLER.
(3) . BUYER shall have
delivered to SELLER preliminary restoration plans for the Property for review and comment. (4) Representations True. All representations and warranties made by BUYER in this Agreement shall be true and correct in all material respects on and as of the Closing Date, as if made on and as of such date.

(d) City Purchase Option Agreement. Following the Close of Escrow, the City shall have the right to purchase the Property from BUYER if BUYER fails to meet the following postclosing obligations:
(1) Within the time specified, BUYER fails to submit an application to obtain National Historic Registration for the Property. (e) City Purchase Option Price. In the event BUYER fails to meet its obligations outlined in Section 6(d) and City elects to exercise its Purchase Option, the price of the Property shall be Five Hundred Forty-Nine Thousand Dollars ($549,000.00). (f) Section 6(d) and 6(e) shall survive the Close of Escrow and shall not merge with any deed upon its recording. At the election of the City, a Memorandum of the option set forth in Section (d) and (e) hereof in the form attached hereto as Exhibit C shall be executed by each of the parties hereto and recorded by the City in the official records of Riverside County, California.

Section 7. Escrow Instructions.

SELLER and BUYER each agree to execute and deliver to the Escrow Holder the customary supplemental written escrow instructions (consistent with the terms of this Agreement) of the Escrow Holder. In the event of a conflict between the additional terms of such customary supplemental escrow instructions of the Escrow Holder and the provisions of this Agreement, this Agreement shall supersede and be controlling. Upon any termination of this Agreement or cancellation of the Escrow, except as results from the default of SELLER, BUYER shall be solely responsible for the payment of the escrow cancellation costs of the Escrow Holder.

Section 8. Conveyance of Title.
(a) On or before the Close of Escrow, SELLER shall deliver to the Escrow Holder the by SELLER. The Deed shall grant fee simple marketable title to the Property to BUYER. The Escrow Holder shall be instructed to record the Deed in the Official Records of Riverside County, California, if and when the Escrow Holder holds the funds for the SELLER as set forth herein. (b) Within five (5) days following the Execution Date, BUYER may order a current Property, together with full and legible copies of all supporting documents (collectively, r a survey of the Property from a licensed surveyor
only to the following matters:
(1) a lien for real property taxes, bond, or assessments not then delinquent;

(2)
writing;
(3) all matters that affect title to the Property that would be revealed by an accurate and complete survey of the Property as of the end of the Inspection Period; (4) dedication of all streets abutting the Property;
(5) customary utility rights-of-way and easements that do not materially interfere with the existing use of the Property; (6) zoning and other governmental restrictions;
(7) matters common to any general area or subdivision in which the Property is located;
(8)
with the con
(9) such other title exceptions, if any, resulting from documents being recorded or delivered through Escrow.

Section 9. Inspections and Review.
(a) BUYER acknowledges and agrees that the Property is being conveyed in the date of Close of Escrow. Except as expressly set forth in this Agreement, no representations or warranties have been made or are made and no responsibility has been or is assumed by SELLER or by any officer, person, firm, agent or representative acting or purporting to act on behalf of SELLER as to the condition or repair of the Property or the value, expense of operation, or income potential thereof, or as to any other fact or condition which has or might affect the Property or the condition, repair, value, expense of operation or income potential of the Property or any portion thereof. BUYER further acknowledges and agrees that it has relied solely upon its own investigations of the Property and its own review of such information and documentation as it has deemed appropriate and is satisfied with the opportunity afforded for investigation. BUYER is not relying upon any statement or representation by SELLER or by any officer, person, firm, agent or representative acting or purporting to act on behalf of SELLER unless such statement or representation is specifically embodied in this Agreement, or the Exhibits attached hereto. Except as expressly set forth herein, SELLER makes no representations or warranties as to whether the Property contains any Hazardous Materials or pertaining to the extent, location or nature of the same. Further, to the extent that SELLER has provided to BUYER information from any inspection, engineering or environmental reports concerning any Hazardous Materials, SELLER makes no representations or warranties with respect to the accuracy, completeness, methodology of preparation or otherwise concerning the contents of such reports.

(b) BUYER expressly waives any rights or benefits available to it with respect to the foregoing release under any provision of applicable law which generally provides that a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time the release is agreed to, which, if known to such creditor, would materially affect a settlement. By execution of this Agreement, BUYER acknowledges that it fully understands the foregoing, and with this understanding, nonetheless elects to and does assume all risk for claims known or unknown, described in this Section 9 without limiting the generality of the foregoing:

The undersigned acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows:

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED The undersigned, being aware of this Code section, hereby expressly waives any rights it may have thereunder, as well as under any other statutes or Common law principles of similar effect.

Initials of BUYER: ________
(c) The provisions of this Section 9 shall survive the Close of Escrow and shall be binding upon BUYER.
(d) SELLER shall assist and cooperate with BUYER in endeavoring to remove title exceptions unacceptable to BUYER, but SELLER shall have no obligation to cause such objections to be removed or to expend any sums in such endeavor, except that SELLER shall (e) SELLER covenants not to further encumber and not to place any further liens or encumbrances on the Property, including, but not limited to, covenants, conditions, restrictions, easements, liens, options to purchase, rights of first offer options to lease, leases, tenancies, or other possessory interests.
(f) SELLER covenants not to authorize others to take any action that adversely affects the physical condition of the Property or its soils to any material extent.

Section 10. Closing Costs, Possession.
(a) BUYER shall pay the premium for any requested ALTA extended coverage title policy, cost of the Survey and all requested ALTA survey policy endorsements, the cost of

recording the Deed and any documentary or other transfer taxes payable on account of the conveyance of the Property to BUYER.
(c) BUYER shall be entitled to exclusive possession of the Property immediately upon the Close of Escrow.

Section 11. Representations and Warranties.
(a) SELLER hereby makes the following representations, covenants and warranties:
(1) Power and Authority. SELLER has the legal power, right and authority to enter into this Agreement and to execute the instruments and documents referenced herein, and to consummate the transaction contemplated hereby. (2) Requisite Action. SELLER has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required. (3) Enforceability of Agreement. The persons executing this Agreement and any instrument or document referenced herein for or on behalf of SELLER have been duly authorized to so act on behalf of SELLER and this Agreement and any such instrument or document is valid and legally binding on SELLER and enforceable against SELLER in accordance with their respective terms.
(4) _No Litigation.
knowledge, threatened claims, action, allegations or lawsuit of any kind, whether for personal injury, property damage, property taxes, or otherwise, that could affect the Property. (5) No Violation. Neither the execution of this Agreement or the other instruments and documents referenced herein nor the performance by SELLER of its obligations hereunder and thereunder shall result in a breach or constitute a default under any agreement, document, instrument or other obligation to which SELLER is a party or by which SELLER may be bound or under law, statute, ordinance, rule, governmental regulation, state constitution, or any writ, injunction, order or decree of any court or governmental body applicable to SELLER. (6) Operation and Condition Pending Closing. Between the date of this Agreement and the Close of Escrow hereunder, SELLER will continue to manage, operate, and maintain the Property in the same manner as existed prior to the execution of this Agreement. (7) Contracts. There are no contracts or agreements to which SELLER is a party relating to the operation, maintenance, development, improvement, or ownership of the Property which will survive the Close of Escrow.

All representations and warranties contained in this Section 11(a) are true and correct on the date hereof and on the date of the Close of Escrow and shall survive the Close of Escrow. (b) Warranties and Representations by BUYER. BUYER hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by SELLER has been made in material reliance by SELLER on such covenants, representations, and warranties:
(1) BUYER has the legal right, power and authority to enter into this Agreement and the instruments and documents referenced herein and to consummate the transactions contemplated hereby. The persons executing this Agreement and such other instruments as may be referenced herein on behalf of BUYER hereby represent and warrant that such persons have the power, right and authority to bind BUYER. (2) BUYER has taken all requisite action and obtained all requisite consents in connection with entering into this Agreement and the instruments and documents referenced herein and the consummation of the transactions contemplated hereby, and no consent of any other party is required.
(3) This Agreement is, and all instruments and documents to be executed by BUYER pursuant to this Agreement shall be, duly executed by and are or shall be valid and legally binding upon BUYER and enforceable in accordance with their respective terms. (4) Neither the execution of this Agreement nor the consummation of the transaction contemplated hereby shall result in a breach of or constitute a default under any other agreement, document, instrument, or other obligation to which BUYER is a party or by which BUYER may be bound, or under law, statute, ordinance, rule governmental regulation or any writ, injunction, order or decree of any court or governmental body applicable to BUYER.

All representations and warranties contained in this Section 11(b) are true and correct on the date hereof and on the date of the Close of Escrow and shall survive the Close of Escrow.

Section 12. Post-Closing Obligations.
(a) Promptly upon Close of Escrow, BUYER shall diligently make commercially reasonable efforts to obtain, and if so obtained, to maintain, National Historic Registration (NHR) for the Property from the California Historical Preservation Office (CHPO) and from the National Park Service. BUYER shall apply for historic designation status with NHR and CHPO within eighteen (18) months of Close of Escrow.
(b) BUYER will submit to the City applications for permits for the renovation of the property within one hundred and eighty (180) days of close of escrow and begin construction within two-hundred and seventy days (270)

(c) Sections 12(a) and 12(b) shall survive the Close of Escrow and shall not merge with any deed upon its recording.

Section 13. Conflict of Interest.

No member, official or employee of either party having any conflict of interest, direct or indirect, related to this Agreement and the use and development of the Property shall participate in any decision relating to the Agreement. The parties represent and warrant that they do not have knowledge of any such conflict of interest.

Section 14. Nonliability of Officials and Employees.

No officer, official or employee of either party shall be personally liable to the other party, or any successor in interest of such other party, in the event of any default or breach or for any amount which may become due hereunder, or on any obligations under the terms of this Agreement.

Section 15. Indemnification.

BUYER shall indemnify, defend, and hold harmless SELLER and its officers, officials, Seller
BUYER s
agreement or out of BUYER access
to the Property during the Due Diligence Period, including the SELLER negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the SELELR. In the event the Seller Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from s performance of this agreement or out of BUYER access to the Property
during the Due DiligencePeriod, the BUYER shall provide a defense to the Seller Indemnitees, or at the SELLER Seller Indemnitees their costs of defense, including reasonable a
Section 16. Default.
(a) Default by Buyer; Limitation on Liability; Liquidated Damages. IF BUYER

REFUSES OR FAILS TO CONSUMMATE THE CLOSE OF ESCROW UNDER THIS AGREEMENT FOR ANY REASON OTHER THAN: (I) THE FAILURE OF AN EXPRESS

EXPRESS RIGHT OF BUYER SET FORTH IN THIS AGREEMENT TO TERMINATE THIS

AGREEMENT, AND IF BUYER FAILS TO CURE ANY SUCH FAILURE TO COMPLETE THE CLOSE OF ESCROW WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF A WRITTEN

NOTICE FROM SELLER INDICATING THE NATURE OF ANY DEFAULT ON THE PART OF

BUYER, THE SELLER SHALL RETAIN THE DEPOSIT, PLUS ANY INTEREST ACCRUED

DEFAULT ON THE PART OF BUYER UNDER THIS AGREEMENT, AND IN SUCH A CASE,

BOTH PARTIES SHALL BE RELIEVED OF AND RELEASED FROM ANY FURTHER LIABILITY HEREUNDER. THE PARTIES HAVE AGREED THAT SELLER'S ACTUAL

DAMAGES, IN THE EVENT OF A DEFAULT BY BUYER, WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO DETERMINE. SELLER AND BUYER AGREE THAT

THE DEPOSIT, PLUS ANY INTEREST ACCRUED THEREON, IS A FAIR AND REASONABLE

AMOUNT TO BE RETAINED BY SELLER AS AGREED AS LIQUIDATED DAMAGES IN LIGHT INCURRED BY SELLER AND SHALL NOT CONSTITUTE A PENALTY OR A FORFEITURE.

BY PLACING ITS INITIALS BELOW, EACH PARTY SPECIFICALLY CONFIRMS THE

ACCURACY OF THE STATEMENTS MADE ABOVE AND THE FACT THAT EACH PARTY

WAS REPRESENTED BY COUNSEL WHO EXPLAINED, AT THE TIME THIS AGREEMENT WAS MADE, THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION.

INITIALS: SELLER: BUYER:
(b) Default By Seller; Other Failure To Consummate Agreement. IN THE

EVENT OF ANY DEFAULT ON THE PART OF SELLER UNDER THIS AGREEMENT, WHICH SELLER FAILS TO CURE WITHIN TEN (10) DAYS FOLLOWING RECEIPT OF A WRITTEN

NOTICE, BUYER SHALL HAVE

SOLE AND ONLY REMEDIES HEREUNDER TO THE EXCLUSION OF ALL OTHER

POTENTIAL REMEDIES, TO EITHER (I) TERMINATE THIS AGREEMENT AND RECEIVE THE

DEPOSIT AND IF, THEN PAID BY BUYER, THE ESCROW EXTENSION DEPOSIT, PLUS ANY

INTEREST ACCRUED THEREON, IN WHICH EVENT THIS AGREEMENT SHALL

AUTOMATICALLY TERMINATE AND BE OF NO FURTHER FORCE OR EFFECT AND

NEITHER PARTY SHALL HAVE ANY FURTHER RIGHTS OR OBLIGATIONS HEREUNDER,

OTHER THAN PURSUANT TO ANY PROVISION HEREOF WHICH EXPRESSLY SURVIVES THE TERMINATION OF THIS AGREEMENT; or (II) BRING AN ACTION FOR SPECIFIC PERFORMANCE.

INITIALS: SELLER: BUYER:

Section 17. Time of the Essence.

Time is of the essence with respect to the Close of Escrow and all of the provisions of this Agreement.

Section 18. Miscellaneous.
(a) This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and together shall constitute one and the same agreement, with one counterpart being delivered to each party hereto.

(b) All periods of time referred to in this Agreement shall include all Saturdays, Sundays and state or national holidays, provided that if the date or last date to perform any act or give any notice with respect to this Agreement shall fall on a Friday, Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Friday, Saturday, Sunday or state or national holiday. (c) The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render the other provisions hereof unenforceable, invalid, or illegal.

Section 19. Entire Agreement
(a) This Agreement and the exhibits attached hereto constitute the entire understanding and Agreement of the parties.
(b) This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto with respect to the Property.
(c) The headings to the paragraphs of this Agreement are for convenience of reference only, do not form a part of this Agreement and shall not in any way affect its interpretation.

REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY

IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as of the dates set forth below.

SELLER:

CITY OF PALM DESERT,
a California charter city
By: __________________________________ Date: August 24, 2023 L. Todd Hileman, City Manager
ATTEST: APPROVED AS TO LEGAL FORM:

By: ____________________________ By: __________________________ Anthony J. Mejia, City Clerk Best Best & Krieger, City Attorney Date: August 24, 2023 Date: August 24, 2023
BUYER:

Maureen Gage and Stephen P. Yinger
By: ____________________________ Date: ___________________ Maureen Gage
By: ____________________________ Date: ___________________ Stephen P. Yinger

Legal Description
All of that PROPERTY situated in the County of Riverside, State of California, and commonly known as Lot 18 MB 028/018, CA; which property is bounded and described as: Lot 18, Unit #1 Shadow Mountain Park Estates as shown on Map on file in Book 28, pages 18 and 19 of Maps, Records of Riverside County.

And more commonly known as :45-656 Mountain View Ave., Palm Desert, CA 92260 TAX PARCEL NUMBER: 627-351-024-8
SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any.

EXHIBIT B
Form of Deed
[See attached]

RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:

City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attn: Director of Economic Development
This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383

GRANT DEED
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor
Grantee Property
City of Palm Desert, County of Riverside, California, known as [PROPERTY ADDRESS] and more particularly described in Attachment No. 1 attached hereto and incorporated in this grant Grant Deed
Covenants. Grantee expressly covenants and agrees for itself, its successors and assigns and all persons claiming under or through it, that Grantee and all such successors and assigns and all persons claiming under or through it, that in the event the Property is developed or redeveloped, the Property shall be subject to the covenant set forth in Section 2 of this Grant Deed.

Residential Development Covenant. If ten (10) or more residential units are developed on the Property, not less than 15 percent of the total number of residential units developed on the Property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing and 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code.

These requirements shall be covenants or restrictions running with the land and shall be

enforceable against any owner who violates a covenant or restriction and each successor-ininterest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code. . By its execution of this Grant Deed, Grantee has
acknowledged and accepted the provisions hereof.

Counterparts. This Grant Deed may be executed in counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

GRANTOR:

City of Palm Desert, a California charter city
Date: _______________________, 20__ By: [form document do not execute] _________________, Agency Manager
[SIGNATURE MUST BE NOTARIZED]
ATTEST:
___________________________, City Clerk
APPROVED AS TO FORM:
_________________, City Attorney
GRANTEE:
_______________________________, a _____________________________________

Date: _______________________, 20__ By: [form document do not execute] Name:
[SIGNATURE MUST BE NOTARIZED]
Title:

Date: _______________________, 20__ By: [form document do not execute] Name:
[SIGNATURE MUST BE NOTARIZED]
Title:

ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of San Bernardino )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of San Bernardino )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

72500.00000\41707323.1
ATTACHMENT NO. 1

LEGAL DESCRIPTION PROPERTY
All of that PROPERTY situated in the County of Riverside, State of California, and commonly known as Lot 18 MB 028/018, CA; which property is bounded and described as: Lot 18, Unit #1 Shadow Mountain Park Estates as shown on Map on file in Book 28, pages 18 and 19 of Maps, Records of Riverside County.

And more commonly known as :45-656 Mountain View Ave., Palm Desert, CA 92260 TAX PARCEL NUMBER: 627-351-024-8
SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any.

72500.00000\41707323.1
2 EXHIBIT C

MEMORANDUM OF OPTION
[See attached]

72500.00000\41707323.1
3 Recording Requested By and
Upon Recordation Return To:

City of Palm Desert
73510 Fred Waring Drive
Palm Desert, California 92260
Attn: Director of Economic Development

MEMORANDUM OF OPTION
THIS MEMORANDUM OF OPTION ("Memorandum") is made and entered into as of October ___, 2023, by and between MAUREEN GAGE and STEPHEN P. YINGER (collectively, "Optionor"), and CITY OF PALM DESERT ("Optionee").

RECITALS
A. Optionor and Optionee previously entered into that certain Purchase and Sale Agreement and Escrow Instructions dated as of October ____, 2023 (the "Agreement"), pursuant to which Optionor acquired from Optionee that certain real property described on Exhibit "A" attached hereto and made a part hereof (the "Property").

B. Pursuant to the terms of the Agreement, Optionor granted to Optionee the option to repurchase the Property from Optionor in the event Optionor failed to meet certain obligations as set forth in the Agreement.

B. Optionor and Optionee desire to enter into and record this Memorandum so that third parties may have notice of the
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Optionor and Optionee hereby agree as follows:

1. Grant of Option. Optionor hereby grants to Optionee, and Optionee hereby accepts from Optionor, the right and option to purchase the Property for the price, the duration, and upon the terms and conditions set forth in the Agreement.

2. Interpretation. The purpose of this Memorandum is to give notice of the existence of the Agreement and the need for all interested parties to inquire further about the terms and conditions of the Agreement. Except as otherwise defined herein, the terms used in this Memorandum shall have the same meaning as set forth for those terms in the Agreement. If there is any inconsistency between any provisions of this Memorandum and any provisions of the Agreement, the provisions of the Agreement shall control.

72500.00000\41707323.1
4 3. Cancellation of Memorandum. Upon the recordation of a grant deed which is executed and acknowledged by Optionor and which conveys the Property to Optionee, or upon the recordation of a quitclaim deed which is executed and acknowledged by Optionee and which quitclaims Optionee's interest in the Property to Optionor, this Memorandum shall no longer serve any purpose and it will no longer be necessary for third parties to have notice of the existence of the Agreement and/or this Memorandum. Upon either such recordation, this Memorandum shall be nullified and of no further force or effect and this Memorandum and the Agreement shall not be matters of record with respect to the Property. Optionor and Optionee hereby authorize and direct any and all issuers of title insurance with respect to all or any portion of the Property not to indicate the Memorandum or the Agreement as matters affecting the condition of title to all or any portion of the Property following the recordation of the grant deed or the quitclaim deed described above.

4. Counterparts. This Memorandum may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]

72500.00000\41707323.1
5 IN WITNESS WHEREOF, Optionor and Optionee have executed this Memorandum of Option as of the date first set forth above.

OPTIONOR:
____________________________ Date: ___________________
Maureen Gage
____________________________ Date: ___________________
Stephen P. Yinger
OPTIONEE:

CITY OF PALM DESERT,
a California charter city
By: __________________________________ Date: ____________________ L. Todd Hileman, City Manager
ATTEST: APPROVED AS TO LEGAL FORM:

By: ____________________________ By: __________________________ Anthony Mejia, MMC, City Clerk City Attorney,
Best Best & Krieger LLP
Date: __________________________ Date: ________________________

6 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
) ss.

County of ________________)
On _________________________, 20__, before me,
__________________________________ (insert name and title of the officer) personally appeared _______________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ ( S e a l )

7 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
) ss.

County of ________________)
On _________________________, 20__, before me,
__________________________________ (insert name and title of the officer) personally appeared _______________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ ( S e a l )

8 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
) ss.

County of ________________)
On _________________________, 20__, before me,
__________________________________ (insert name and title of the officer) personally appeared _______________________________,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature ______________________________ ( S e a l )

9 EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY
All of that PROPERTY situated in the County of Riverside, State of California, and commonly known as Lot 18 MB 028/018, CA; which property is bounded and described as: Lot 18, Unit #1 Shadow Mountain Park Estates as shown on Map on file in Book 28, pages 18 and 19 of Maps, Records of Riverside County.

And more commonly known as :45-656 Mountain View Ave., Palm Desert, CA 92260 TAX PARCEL NUMBER: 627-351-024-8
SUBJECT TO the Restrictions, Conditions, Covenants, Rights, Rights of Way, and Easements now of record, if any.

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 25, 2024
PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: APPROVE THE SECOND AMENDMENT TO DEVELOPMENT
AGREEMENT 98-1 BETWEEN THE CITY OF PALM DESERT AND
MARRIOTT OWNERSHIP RESORTS, INC.

RECOMMENDATION:

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

PALM DESERT, CALIFORNIA, APPROVING THE SECOND AMENDMENT TO THE

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC., CASE NO. DA 98-1, AMENDMENT NO. 2.”

2. Approve the Second Amendment to the Development Agreement (DA 98-1) between the City of Palm Desert and Marriott Ownership Resorts, Inc.

3. Authorize the City Manager to execute the Second Amendment to the Development Agreement.

4. Authorize the City Attorney to make necessary, non-monetary changes to the Second Amendment to the Development Agreement.

5. Authorize adjustment of $1,600,000 to Timeshare Mitigation Revenue Account Number 1100000-3122900.

BACKGROUND/ANALYSIS:

In 1998, the City of Palm Desert approved a Development Agreement (“DA”) with Marriott Ownership Resorts (“Marriott”), for the development of the Marriott Shadow Ridge Golf Club, located at the southeast corner of Monterey Avenue and Gerald Ford Drive. The agreement required the development of an 18-hole golf course with approximately 1,200 timeshare units.

Additionally, Marriott was to remit a facilities fee equivalent to $30 per week, per unit, and subject to increases in the consumer price index (CPI), to the City for a period of 20 years. The initial 20- year term of the DA has been extended through an amendment and expires in December 2030.

Legal Review:

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

Strategic Plan:

1. Land Use, Housing, and Open Space, Priority 2: “Facilitate the development of highquality housing for people of all income levels.”

2. Land Use, Housing, and Open Space, Priority 5: “Utilize progressive land use policies and standards to support ongoing and future needs.”

City of Palm Desert
Second Amendment to Development Agreement 98-1

Project Description:

In 2020, Marriot approached the City and expressed that the timeshare market is saturated in the Coachella Valley, and they would like to pursue other options including the development of single-family homes with the Shadow Ridge development. In late 2022, Marriott returned to the City with a proposal to convert roughly 18.75-acres of undeveloped land to 93 higher-end single family homes rather than the remaining timeshare units. City staff expressed concerns with the loss of revenue from the facilities fee as the new single-family homes would not be subject to the fee. In lieu of the additional facilities fee the second amendment to the Development Agreement anticipates:
- A one-time $1.6M payment to the City from Marriott upon sale of the property to Toll Brothers, Inc., for the development of the 93 homes. The new homes are situated in a zoning district which allows for short-term rentals. However, there are no current projections on how much additional TOT would be generated from this site.

The Second Amendment to the Development Agreement is limited to Marriott’s remittance of $1.6M to the City of Palm Desert upon the transfer of 18.75-acres to Toll Brothers. A separate Development Agreement will be processed with the planning entitlements that Toll Brothers brings forwards for consideration through a separate public hearing process. The Development Agreement for Toll Brothers also anticipates:
- The creation of a Community Facilities District (“CFD”) for the 18.75 acres. The developer projects that the CFD may generate $204,600+ to the City in year 1. The benefit of a CFD is that it will run in perpetuity and may pay for on-going public service costs such as streets, water, sewage, drainage, electricity, parks, and public safety to newly developing areas. CFD’s may also pay for infrastructure, but that is not in this plan.

FINANCIAL IMPACT:

Approval of this amendment will result in the City forgoing the facilities fee for the remaining timeshare units and accept the creation of a CFD for services; and one-time in-lieu fee of $1,600,000 to the General Fund.

ATTACHMENTS:

1. DRAFT Second Amendment to Development Agreement 98-1

2. City Council Public Hearing Notice

3. City Council Resolution

4. Planning Commission Resolution No. 2848

RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383
(Space Above This Line for Recorder’s Use Only)
Second Amendment to Development Agreement
Between
City of Palm Desert
a California Charter City and Municipal Corporation
and
Marriott Ownership Resorts, Inc.
a Delaware Corporation
Legal Description of Property
Marriott Shadow Ridge
9003 Shadow Ridge Road, Palm Desert, California
Resolution No. ____
(Case No. DA 98-1, Amendment No. 2)
Dated: _______________

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RECORDING REQUESTED BY AND
AFTER RECORDATION MAIL TO:

Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, California 92260
This document is exempt from the payment of a recording fee pursuant to Government Code §§ 6103, 27383
(Space Above This Line for Recorder’s Use Only)

SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
This SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (DA 98-1) (“Second Amendment”) is made and entered into as of the ____ day of ____, 2024 (the “Effective Date”), by and between the CITY OF PALM DESERT, a California charter city and municipal corporation (“City”) and MARRIOTT OWNERSHIP RESORTS, INC., a Delaware corporation (“Developer”) and is made with reference to the background facts and circumstances set forth in the Recitals below.

RECITALS
A. On December 10, 1998, the City and Developer did enter into Development Agreement DA 98-1 (adopted as Ordinance No. 888) (“Development Agreement”) for Marriott Shadow Ridge, a timeshare development;
B. On April 13, 2017, the City and Developer did enter into the First Amendment to Development Agreement DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) extending the term of the Development Agreement for an additional ten (10) years through December 2030; C. Due to unprecedented and unanticipated economic conditions, development of Designated Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) has not occurred as originally contemplated; D. Developer has negotiated the sale of the Subject Property to Toll Bros., Inc. for its planned development of ninety-three (93) single-family homes;

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E. City and Developer agree that continued development of the Subject Property is in the best interests of the City and the Developer;
F. City and Developer now desire to amend DA 98-1 to accommodate the development of planned unit development of ninety-three (93) single family residential homes on the rather than time share units, subject to the consummation of the sale of the Subject Property to Toll Bros., Inc.;
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants contained herein, the parties hereto agree as follows:

1. Termination. Section 6, Termination, of the Development Agreement is amended by adding a new subsection 6.6 thereto to read as follows:

6.6 The consummation of the sale of the Designated
Remainder Parcels 4 and 5 of Tract 28818-1 as shown by map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) pursuant to a Purchase and Sale Agreement (“PSA”) by and between Developer and Toll Bros., Inc. as evidenced by (a) delivery to the City of a certified copy of the recorded grant deed conveying fee title to the Subject Property from Developer to Toll Bros., Inc. (or a single purpose development entity controlled by Toll Bros. Inc.), (b) the payment by the escrow holder under the PSA to the City in the amount of ONE MILLION SIX HUNDRED THOUSAND AND
00/100 DOLLARS ($1,600,000.00) from the proceeds of the sale of the Property, such payment being made in lieu of the Weekly Facilities Fee to which the City may otherwise be entitled to receive in connection with the Subject Property pursuant to the Development Plan contemplated hereunder, and (c) delivery by City to Developer of a certified copy of a resolution releasing the Subject Property from the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108. Notwithstanding anything contained herein to the contrary, any termination pursuant to this Section 6.6 shall be with respect to the Subject Property only, and this Agreement shall remain in full force and effect with respect to the remainder of the Property, which remaining Property shall continue to be subject to and benefitted by this Agreement and the Precise Plan/Conditional Use Permit 98-5, approved by City Council Resolution 98-108, as each has been or may be amended from time to time.

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2. Counterparts. This Second Amendment may be executed in one or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument.

3. Continued Effectiveness of Development Agreement. Except as otherwise amended herein, all terms and conditions of the Development Agreement remain in full force and effect.
[Signatures appear on following pages]
[Remainder of page intentionally left blank]

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IN WITNESS WHEREOF the parties hereto have entered into this Second Amendment as of the date and year first above written.

CITY:

Date: _____________, 2024
CITY OF PALM DESERT, a charter city
and municipal corporation
By:___________________________

KARINA QUINTANILLA
MAYOR
ATTEST:

By:_______________________
ANTHONY J. MEJIA, MMC

CITY CLERK
APPROVED AS TO FORM:

By:_______________________

ISRA SHAH

CITY ATTORNEY

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Date: ___________, 2024
DEVELOPER:

MARRIOTT OWNERSHIP RESORTS,
INC., a Delaware corporation
By:_________________________
Name:

Title:

By:_________________________
Name:

Title:

APPROVED AS TO FORM:

By:_____________________

COUNSEL

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NOTE: ALL SIGNATURES MUST BE IN BLUE INK AND INCLUDE NOTARY ACKNOWLEDGMENTS PER CALIFORNIA CIVIL CODE SEC. 1180 ET. SEQ.

ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

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890577-2

ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of ______________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature

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CITY OF PALM DESERT

PUBLIC HEARING NOTICE

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER APPROVAL OF

THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC.

PROJECT LOCATION/DESCRIPTION:

PROJECT LOCATION: Shadow Ridge Golf Club; 9002 Shadow Ridge Road PROJECT DESCRIPTION: In 1998, the City of Palm Desert (“City”) and Marriott Ownership Resorts, Inc., (“Marriott”) entered into a Development Agreement (DA 98-1) to establish the Shadow Ridge Golf Club. The Club encompasses 300+ acres along Monterey Avenue, north of Frank Sinatra Drive, and was intended to develop in six (6) separate phases and construct up to 999 timeshare units and associated amenities. Due to changing market conditions, Marriott now wishes to amend the Development Agreement and sell-off nearly 19-acres to a national home builder for the construction of 93-single-family homes. To effectuate this change an amendment to the Development Agreement is necessary. In exchange for the changes in the land-use plan of Shadow Ridge, the City and Marriott have agreed that Marriott will provide the City a portion of the land sale price and establish a Service CFD for the new single-family subdivision.

PLANNING COMMISSION RECOMMENDATION: The Planning Commission for the City of Palm Desert did hold a duly noticed public hearing to consider the Second Amendment to the Development Agreement on December 19, 2023. The Planning Commission adopted Resolution 2848 unanimously recommending approval of the proposed amendment to the City Council.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on January 25, 2024. The City Council meeting begins at 4:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference.

There will be in-person access to the meeting location. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-andcity-council-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed amendment to the Development Agreement is available for review in the Office of the City Clerk at 73510 Fred Waring Drive, Palm Desert, California, during regular business hours, and on the City’s website at https://www.palmdesert.gov/our-city/mayor-and-city-council-/city-council-meeting-informationcenter.

COMMENT ON THIS APPLICATION: Response to this notice may be made as follows:
 Written comments may be submitted to the City Council by letter to the address below or email at [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council as soon as practicable and retained for the official record.

Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]).

Si necesita ayuda con esta notificación por favor llame a la Ciudad de Palm Desert y comuníquese con Gloria Sanchez (760) 346-0611 ext. 354.

PUBLISH: DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK
JANUARY 13, 2024 CITY OF PALM DESERT, CALIFORNIA

RESOLUTION NO. 2024- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING THE SECOND AMENDMENT

TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
PALM DESERT AND MARRIOTT OWNERSHIP RESORTS, INC., CASE
NO. DA 98-1, AMENDMENT NO. 2
WHEREAS, a Precise Plan (PP) and Conditional Use Permit (CUP) for the Marriott Shadow Ridge (‘Project”) was originally approved, subject to conditions by the City Council on November 12, 1998, pursuant to Resolution No. 98-108; and WHEREAS, the original Project approval was processed pursuant to a Mitigated Negative Declaration, which was certified on November 12, 1998; and WHEREAS, the City Council did, at their meeting on December 10, 1998, approve Development Agreement 98-1 (adopted as Ordinance No. 888) (“DA 98-1”) with Marriott Ownership Resorts, Inc. for Marriott Shadow Ridge, a timeshare project; and WHEREAS, the Planning Commission did, at its meeting on February 17, 2015, approve a two-year extension for DA 98-1 through December 2020; and WHEREAS, the Planning Commission did, at its meetings on February 21, 2017, hold a duly noticed public hearing to consider the request for approval of an extension to DA 98-1, Amendment No. 1, to extend the term of DA 98-1 through December 10, 2030, and did recommend approval of the said request to the City Council by its Resolution No. 2689; and
WHEREAS, at said public hearing on March 23, 2017, the City Council heard and considered all testimony and arguments of interested persons regarding the request by Marriott Ownership Resorts, Inc., for approval of the DA 98-1, Amendment No. 1; and WHEREAS, the City Council did, at their meeting on March 23, 2017, approve DA 98-1, Amendment No. 1 (adopted as Ordinance No. 1320) to extend the term of DA 98-1 through December 10, 2030; and
WHEREAS, due to unprecedented and unanticipated economic conditions, the development of Designated Remainder Parcels 4 and 5 of Tract 28818-1, as shown by the map on file in Book 289, Pages 15 through 29 of Maps, in the official records of Riverside County, California (the “Subject Property”) has not occurred as originally contemplated in DA 98-1; and
WHEREAS, the Developer now desires to amend DA 98-1 to provide for its termination in the event of a consummated sale of the Subject Property; and WHEREAS, the Palm Desert General Plan Land Use Designation of the site is Resort & Entertainment District; and

2 Resolution No. 2024-___ Page 2
WHEREAS, the amendment to the Development Agreement (DA) for termination in the event of a consummated sale of the Subject Property is consistent with the General Plan; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19TH day of December 2023, hold a duly noticed public hearing and adopted Resolution 2848 recommending approval of the Second Amendment to the DA to the City Council; and WHEREAS, The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the (CEQA), has determined that the original DA was analyzed under a Mitigated Negative Declaration and not changes to the project and built environment are proposed at this time which would necessitate further review. The proposed modifications to the Development Agreement will not result in any physical alterations to the existing project previously analyzed under the previously prepared MND.

The proposed amendments to the DA do not alter the physical environment and qualify for a CEQA exemption under Guidelines Section 15061(b)(3) and there is no substantial evidence that there is any possibility that the activity in question may have a significant effect on the environment.

WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of January, 2024, did hold a duly notices public hearing to consider the request by Marriott Ownership Resorts, Inc.,, and considering all testimony and arguments, if any, of all interested persons desiring to be heard, approved said request.

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

SECTION 1. Recitals; Findings. The City Council finds and determines that the recitals set forth above are true and correct, that the recitals are incorporated herein by this reference, and that the recitals constitute the City Council’s findings for approval of DA 98-1, Amendment No. 2.

SECTION 2. Approval. DA 98-1, Amendment No. 2, attached hereto as Exhibit “A” and incorporated herein by this reference, is hereby approved.

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

1. That the above recitations are true and correct and constitute the findings for approval of the City Council in this case.

2. That the City Council does hereby approve the Second Amendment to DA 98-1.