Agenda packet, regular meeting — Palm Desert City Council, January 9, 2025 (part 3 of 3)

Purpose ofthis Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity' s internal control or on compliance. This report is an integral part of an audit performed in accordance with Goveniment t4uditing Standards inconsidering the entity' s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

September 11, 2017
Irvine, California
34 438
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Schedule of Findings and Questioned Costs
Year ended June 30, 2017
A) Summary of Auditor' s Results

1. An unmodified report was issued by the auditors on the basic financial statements of the auditee.
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2. No material weaknesses or significant deficiencies in internal control over financial reporting based on our audit ofthe financial statements ofthe auditee was reported.

3. We noted no material weaknesses or significant deficiencies with CDE Child Development Programs.

4. We noted no material instances of noncompliance with CDE Child Development Programs.
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B) Findings Related to the Financial Statements which are Required to be Revorted in Accordance with GAGAS
There are no auditors' findings required to be reported in accordance with GAGAS. 439
CONTRACT NO. C36620

FAMILY YMCA OF THE DESERT
Summary Schedule ofPrior Audit Findings
Year ended June 30, 2017
There were no prior audit findings for the year ended June 30, 2016. 36 440
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73 5

IO FRED DVARING DRIVE
PALM DESERT CALIFORNIA 922G0- 25] 8
TEL: 760 34G—oGz i
info8cityofpalmdesert. org
June 4, 2020
Ms. Paula Simmonds
C. E. O.

Family YMCA of the Desert
43- 930 San Pablo Ave
Palm Desert, California 92260
Dear Ms. Simmonds:

Subject: Contract No. C36620 - Extension of Contract for Professional Services with Familv YMCA of the Desert
At its regular meeting of May 14, 2020, the Palm Desert City Council, by Minute Motion:
1) Approved Extension of Contract No. C36620 for Professional Services to the Family YMCA of Palm Desert; Palm Desert, California, for management and staffing of the Palm Desert Aquatic Center in the amount of $ 165, 000, effective Jufy 1, 2020; to June 30, 2021, plus reimbursement of operational costs included in agreement; 2) authorized the Mayor to execute said contract extension.
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Enclosed is a fulfy executed Exfension to the Agreement for your records. lf you have any questions or require additional information, please do not hesitate to contact us.

Sincerely,
e
G CE L. ROCHA, CMC

ACTING CITY CLERK
GLR: srs
Enclosure ( as noted)
cc/enc: Jennifer Nelson, Management Analyst
Finance Departmeht
PFINfFDONA!( YttID7I7l11
N
445
CONTRACT N0. C 6622`

EXTENSION TO AGREEMENT
WHEREAS, the City of Palm Desert (" City") and the Family YMCA of the Desert., a California non- profit corporation (" Consultant"), entered into an agreement, dated July 1, 2018, to provide management and operation at the Palm Desert Aquatic Center Agreement"), the parties wish to extend the Agreement effective July 1, 2020.

NOW, THEREFORE, the parties agree as follows:

A. Term is extended to add the following paragraph to the end of the existing section, as amended.

The term of this Agreement is extended, and shall include the time period from July 1, 2020 through June 30, 2021."
B. All other terms and conditions of the Agreement shall remain unchanged, and shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the 14th day of May 2020.

CITY OF PALM DESERT Family YMCA of the Desert
A Municipal Corporation
Gina Nestande, Mayor
l
Paula Simonds, . . O.

City of Palm Desert, California
Attest: ,- Approved as to Content:
i/, C'" J-`'
Gra e_L: RocFia,` Acti,ng City Clerk Ryan Stendell
City of-Palm esert, California Director of Community Development App ved as ' Fo
Ro a City Attorney
446
Contract No. C36622
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF , 1VP, Y'SIC. 2.

On 202A, before me, C, GLSI'YLIYLQ. Notary Public,
personally appeared t 0 1Cn. K. Y nAr1Cl5 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.

JASMINE BELTRAN
4 s` """ , NataryPublic• c i ro ia = WITNESS my hand and official seal.

RiveMae courny
Commission I 2317888
My Comm. Explres J n 6, 2024
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Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another documenf.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title( s) Title or Ty.pe of Document
Partner(s) Limited
General Number of Pages
Attorney- In- Fact
Trustee( s)
Guardian/ Conservator Date of Document
Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
BB& K zo s
72500. 00001\ 32374887. 1 447
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Contract No. C36625
AMENDMENT NO. 5 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR

MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER

BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT

1. Parties and Date.

This Amendment No. 5 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 27th day of April 2023, by and between the City of Palm Desert (“ City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”.

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled Contract No. C36620 - Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“ Contract”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center.

2.2 Amendment. The City and Consultant desire to amend the Agreement to extend term.

The Parties have heretofore entered into that Amendment No. 4 dated April 13, 2022.

2.3 Amendment Authority. This Amendment No. 5 is authorized by City Council approval.

3. Terms.

3.1 SECTION 1. Section 1.1 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement commenced on July 1, 2018 (“Commencement Date”) and continued with extensions through June 30, 2023. The term of this Agreement is extended, and shall include the time period from July 1, 2023, through December 31, 2023."

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 5, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 5. From and after the date of this Amendment No. 5, whenever the term “ Agreement” or “ Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 5.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 5.

3.4 Severability. If any portion of this Amendment No. 5 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

DocuSign Envelope ID: 43268B9A- 611A- 4EB6-B9E2-6B3CBEA98428 465
Contract No. C36625

Page 2 of 3 ends

3.5 Counterparts. This Amendment No. 5 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 43268B9A- 611A- 4EB6-B9E2-6B3CBEA98428 466
Contract No. C36625

Page 3 of 3 ends

SIGNATURE PAGE FOR AMENDMENT NO. 5 TO CONTRACT NO. C36620 – PROFESSIONAL

SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER

BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 5 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written.

CITY OF PALM DESERT
Approved By:

Kathleen Kelly, Mayor
Attested By:

Anthony J. Mejia
City Clerk
Approved As To Form:

By:

Best Best & Krieger LLP
City Attorney

FAMILY YMCA OF THE DESERT
Signature
Paula Simonds
CEO
QC: MN
Insurance:

Initial Review
Final Approval
DocuSign Envelope ID: 43268B9A- 611A- 4EB6-B9E2-6B3CBEA98428 467
468
Contract No. C36626

Page 1 of 3 ends

AMENDMENT NO. 6 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR

MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER

BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT

1. Parties and Date.

This Amendment No. 6 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 14th day of December 2023, by and between the City of Palm Desert (“City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”.

2. Recitals.

2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and update the scope of work. The Parties have heretofore entered into that Amendment No. 5 dated April 27, 2023.

2.3 Amendment Authority. This Amendment No. 6 is authorized by City Council approval.

3. Terms.

3.1 SECTION 1. Section 1.1 of the Agreement is hereby amended in its entirety to read as follows:

The term of this Agreement commenced on July 1, 2018 (“ Commencement Date”) and continued with extensions through June 30, 2023. Amendment No. 5 extended the term of this Agreement from July 1, 2023, through December 31, 2023. The term of this Agreement is further extended, and shall include the time period from January 1, 2024, through June 30, 2025."

3.2 SECTION (1) TERM (1.1) of the Agreement is hereby amended in its entirety to read as follows:

Exhibit A is hereby deleted in its entirety and replaced with the attached Exhibit A attached hereto and incorporated herein by reference.”

3.3 SECTION (15) of the Agreement is hereby amended in its entirety to read as follows:

The City agrees to pay the Consultant a fixed Management Fee for the period of this Agreement to the expiration of the term, CONSULTANT shall receive a “ Fixed Management Fee” of $ 16,701.72 per month, for the first six-month period and 17,536.81 per month, for the remaining twelve months. The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice.” DocuSign Envelope ID: 802557B7- B66B- 45DB-AF5A- 6D9E368B58BB 469
Contract No. C36626

Page 2 of 3 ends

3.4 SECTION (16) of the Agreement is hereby removed from the Agreement and has been addressed in Exhibit A.

3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 6, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 6. From and after the date of this Amendment No. 6, whenever the term “ Agreement” or “ Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 6.

3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 6.

3.5 Severability. If any portion of this Amendment No. 6 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6 Counterparts. This Amendment No. 6 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

SIGNATURES ON FOLLOWING PAGE]
DocuSign Envelope ID: 802557B7- B66B- 45DB-AF5A- 6D9E368B58BB 470
Contract No. C36626

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SIGNATURE PAGE FOR AMENDMENT NO. 6 TO CONTRACT NO. C36620 – PROFESSIONAL

SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER

BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 6 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written.

CITY OF PALM DESERT
Approved By:

Karina Quintanilla, Mayor
Attested By:

Anthony J. Mejia
City Clerk
Approved As To Form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

FAMILY YMCA OF THE DESERT
Paula Simonds
CEO
QC: MN
Insurance:

Initial Review
Final Approval
DocuSign Envelope ID: 802557B7- B66B- 45DB-AF5A- 6D9E368B58BB 471
472
Contract No. C36627
AMENDMENT NO. 7 TO CONTRACT NO. C36620 - PROFESSIONAL SERVICES FOR

MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER

BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT

1. Parties and Date.

This Amendment No. 7 to Contract No. C36620 - Professional Services for Management and Staffing of The Palm Desert Aquatic Center is made and entered into as of this 11th day of April 2024, by and between the City of Palm Desert (“ City”) and Family YMCA of The Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties”.

2. Recitals.

2.2 Amendment. The City and Consultant desire to amend the Agreement to update the scope of work.

2.3 Amendment Authority. This Amendment No. 7 is authorized by Section 26 of the Agreement.

3. Terms.

3.1 SECTION ( 1) TERM ( 1.1) of the Agreement is hereby amended in its entirety to read as follows:

Exhibit A is hereby deleted in its entirety and replaced with the attached Exhibit A attached hereto and incorporated herein by reference.”

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 7, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 7. From and after the date of this Amendment No. 7, whenever the term “ Agreement” or “ Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 7.

3.4 Severability. If any portion of this Amendment No. 7 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 7 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 473
Contract No. C36627

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SIGNATURE PAGE FOR AMENDMENT NO. 7 TO CONTRACT NO. C36620 – PROFESSIONAL

SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER

BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 7 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written.

CITY OF PALM DESERT
Approved By:

L. Todd Hileman
City Manager
Attested By:

Anthony J. Mejia
City Clerk
Approved As To Form:

By:

Isra Shah
Best Best & Krieger LLP
City Attorney

FAMILY YMCA OF THE DESERT
Paula Simonds
CEO
QC: MN
Insurance:

Initial Review
Final Approval
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 474
Contract No. C36627
Exhibit A

SCOPE OF SERVICES
General Scope:

The Consultant will provide management and operations services for City of Palm Desert in accordance with the Contract Documents at the Palm Desert Aquatic Center ( PDAC), located at 73751 Magnesia Falls Drive, Palm Desert, CA 92260.

The City requests the Consultant to demonstrate their ability to provide and perform services for the Aquatic Center including, but not limited to, management, operations, programming, concessions, and janitorial services relating to the Aquatic Center as described in this Scope of Services. The Aquatic Center consists of the following amenities:
50- Meter Pool with Diving Area
Recreation / Therapy Pool (with slides)
Children’ s Pool with Water Play Structure
Concessions Area ( 675 Sq. Ft.)
Men’s and Women’ s Locker Rooms
Family Restrooms and Changing Areas
Lifeguard Room / First Aid Room
Administration Offices
Multi-Purpose Room (842 Sq. Ft.)
Storage Room
Mechanical Room
Chemical Storage Areas
The City contracts the major pool mechanical maintenance of the Aquatic Center to a third-party contractor and will work closely with the Consultant to ensure prompt service to the facility. All utilities will be directly billed and paid for by the City.

All services provided by the Consultant must be performed to the industry standards and compliant with all applicable local, county, state, and federal laws.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 475
Contract No. C36627

1. Roles and Responsibilities
City of Palm Desert Family YMCA of the Desert
Day-to-Day Operation • Janitorial Admissions and program operation
POS system
Program Development
Facility Weekly walk-through
inspections
Execute maintenance
projects
Execute capital
improvement projects
Daily upkeep of pools,
slides, and other
equipment
Minor pool equipment
repairs and painting
Submit immediate
reports on maintenance
or CIP needs
Make recommendations
on maintenance or CIP
needs based on aquatic
industry standards
Human Resources Management committee
Annual Wage Scale
Review
Aquatic Manager,
Operations Manager,
Lead Lifeguards and
Lifeguards
Recruitment
Competitive wages and
benefits
General staff training for
facility operation
Lifeguard certification
First aid/CPR/AED
Marketing and
Programs
City-operated marketing
program
New programs and
expanded hours to be
proposed by
management committee
Participate in monthly
marketing meetings
Staff and operate
programs in coordination
with City staff
Collaborate with City on
Concessions
Accountability • Analysis of KPIs
Monthly meetings with
management committee
Develop and organize
financial projection and
analysis team
Review monthly/ quarterly
trends regarding budget,
visitors, KPI data
Collect data on
prescribed KPIs
Monthly meetings with
management committee
Assist with report
development and
presentation
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 476
Contract No. C36627
Participation in financial
projection and analysis
team
Concessions • Develop updated
schedule and menu
Determine need for
additional equipment
Operate concessions per
City guidance
Conduct inventory of
concessions supplies

2. Services to be Performed.

The Consultant will provide services, plans and procedures as described below for the day-to-day management and operations of the facility:

Perform maintenance, cleaning, and minor repairs of all pools, equipment, and facilities.

Perform daily safety and compliance checks of all pools, decks, pool amenities, and facilities. Notify City staff of all urgent issues immediately and routine concerns within one business day.

Complete daily inspection report form for water slides and applicable attractions when in use, and maintain on file.

Ensure the pool and support facilities meet cleanliness and hygiene standards.

Ensure all pools meet applicable Riverside County Health Department standard compliance ( chemicals, flow, filtration, etc.).

Manually check and record water chemistry in each pool every 2 hours ( minimum) and adjust chemicals as needed.

Maintain industry standards for water clarity and cleanliness on all pools.

Inspect and maintain records of all pools and equipment.

Monitor inventory levels of chemicals and other pool maintenance supplies for the purpose of ensuring the availability of supplies as needed.

Monitor and inventory concessions supplies.

Prepare and process purchase orders for the purpose of securing needed supplies according to City of Palm Desert purchasing policies and requirements.

Provide regular KPI data and reports as required for assigned equipment and programs.

Maintain equipment and chemical rooms to be free of non-essential equipment, used parts, clutter and chemical spills.

Follow all required safety precautions when using hazardous materials, assigned tools, and machinery.

Set up and/or move equipment ( e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for patrons and programs.

Maintain cleanliness of all facilities within the aquatic center: pools, drains, deck, locker rooms, etc.

Perform facility painting and retouching as necessary to maintain a high-quality facility facade.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 477
Contract No. C36627
Promote, and exemplify City of Palm Desert Mission, Vision and Core Values.

Exercise excellent customer service. Follow up on complaints, questions, and concerns; respond to internal and external customer needs in a friendly, timely and efficient manner.

Administer regular customer feedback and satisfaction surveys.

Comply with local jurisdictional requirements and industry standards as applicable including but not limited to: California Pool Code, Model Aquatic Health Code, OSHA Hazardous Communications Standard and OSHA Bloodborne Pathogens Standard.

3. Business Plan
Consultant shall provide a Business Plan to include the following:

Hours of operation ( subject to change if approved in writing by the City) o May through September
Monday – Friday 5:30 am – 7:00 pm
Saturdays 7:00 am - 7:00 pm
Sundays 8:00 am – 7:00 pm
o October through April
Monday – Friday 5:30 am – 7:00 pm
Saturdays 7:00 am - 5:00 pm
Sundays 8:00 am – 5:00 pm
Personnel requirements
Guidelines for policy development for programs and facility

4. Preventative Maintenance Plan
The Consultant shall adhere to the established comprehensive Preventative Maintenance Plan provided by the City that includes, but is not limited to the following:

A. Facility Inspection Program

1. Details of facility inspections

2. Frequency of facility inspections
B. Routine Maintenance to be performed.

C. Expected Capital Improvement Items
The City will provide the following to be included in the Preventative Maintenance Plan:

A. Available PDAC As Built Plans
B. Mechanical Equipment Inventory

1. Name and Model #

2. Manufacturer and contact info.

3. Local Vendor ( as applicable)

4. Replacement and service details
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 478
Contract No. C36627
C. Equipment Manuals

1. In the event an equipment manual is not available, the City shall attempt to provide a satisfactory replacement from the equipment manufacturer.

2. If no manual is available, the Consultant shall provide a written document outlining the standard operating procedures for maintaining and operating the applicable piece of equipment.

5. Safety Plan
The Consultant shall provide and maintain a facility Safety Plan that includes, but is not limited to the following:

A. Facility Staffing Plan

1. Code Compliance Staffing Plan

2. Zones of Patron Surveillance

3. Rotation Procedures

4. Alternation of Tasks

5. Supervision Protocols
B. Emergency Action Plans

1. Emergency procedures for anticipated emergencies at the aquatic center

2. Methods of communication

3. Required emergency equipment.

4. Emergency closure requirements
C. Biohazard Action Plan

1. Fecal vomit and blood contamination of the pool and facility surfaces D. Pre-Service Training Plan

1. Facility policies and procedures to be included in training.

2. Demonstration of required Safety Team skills specific to PDAC

3. Documentation of training
E. In-Service Training Plan

1. In-service training frequency. A minimum of 4 hours of in-service training monthly is required of all staff that regularly, or MAY perform lifeguard duties. a. Makeup in-services may be held for approved absences and must comply with the original in-service plan missed.
b. Lifeguards who do not meet the monthly in-service training requirement must undergo Pre-Service Training prior to returning to Lifeguard duties.

2. In-service documentation

3. Certification maintenance

4. Demonstration of Lifeguard Skill Proficiencies

5. Competency Demonstration Plan
a. Ability to reach the furthest edge of Zones of Surveillance within 20 seconds. b. Ability to perform required emergency response skills. c. Ability to perform Resuscitation and First Aid skills.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 479
Contract No. C36627

6. Recruitment and Hiring Plan
A. Recruitment and Hiring

1. Consultant will submit a written process for recruitment and hiring.

B. Organizational Chart and Staffing Levels
Consultant will provide and maintain an organizational chart depicting the management approach and general staff responsibilities. Staffing levels will be maintained at a minimum required based on the submitted and approved staffing plan (Safety Plan – Section 1) and Zone Evaluation documentation.

Staffing and salary ranges are to be provided annually to the City of Palm Desert Director of Public Works for approval.

Alternative organization and staffing plans that meet safety and operating requirements may be submitted by the Consultant. All alternate staffing plans must be approved by the City of Palm Desert before they are instituted.

C. All personnel will be easily identifiable by approved uniforms at all times while on duty.

D. Janitorial services for the facility will be completed by the Consultant and is typically performed by Lifeguards and other staff on duty.

1. Regular locker room checks are expected to be performed throughout the day.

2. Locker room check sheets may be utilized at the discretion of the Consultant.

E. Position Descriptions

1. Descriptions for key positions listed above will be developed and maintained by the Consultant.

7. Staff Training
A. PDAC staff will maintain the following minimum training credentials:

1. Aquatic Director / Manager
a. Certified Pool Operator ( CPO) or Aquatic Facility Operator ( AFO) or approved equal.

2. Aquatic Director / Manager, Aquatics Coordinator, Facility Operations Manager, or other staff
a. Lifeguard Instructor Certification ( LGI)

3. Facility Operations Manager
a. Certified Pool Operator ( CPO) or Aquatic Facility Operator ( AFO) or approved equal.

4. Aquatics Front Desk & Concessions Manager
a. Food Manager Certification ( must be from a school recognized by the Riverside County Department of Environmental
Health: https://rivcoeh. org/sites/g/files/aldnop361/ files/migrated/ Portals-0-PDFFoods- 31-09-DES- Food- Manager- Certification. pdf

5. Lifeguards
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 480
Contract No. C36627
a. Lifeguarding with Bloodborne Pathogens Training, Administering Emergency Oxygen, Asthma Inhaler Training, Epinephrine Auto Injector, First Aid for Public Safety Personnel ( Title 22) (American Red Cross or approved equal)

8. Operations Procedures
The Consultant will develop and maintain standard procedures that must be performed for the proper maintenance and operations of the facility. These include but are not limited to:

Pool Chemical Parameters
Chemical Room Emergency Procedures
Hazard Identification and Communication
Safety and First Aid Equipment
Facility and Pool Cleanliness
Health Regulations
Discipline
Child Abuse Prevention
Lost and Found
Media Communication
Pool Water Contamination and Response
Biohazard Disposal
Report Writing

1.The designated shift supervisor oversees the facility and staff.

2. The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age.

3. Facility may not open to the general public without a minimum of 3 lifeguard certified staff members present.

4. At the start of their shift, all certified staff members must be ready to perform assigned duties.

5. All schedules are posted in their respected offices and emailed to the staff in a timely manner.

6.Deck Lifeguards:

1. During high use times lifeguards will rotate regularly.

2. Lifeguards leaving the deck must perform regular locker room checks.

3. Elevated lifeguard stations shall be utilized as the standard for most lifeguard zones. a. Ground level stations may be utilized where appropriate. b. Roving stations may not be utilized as a primary surveillance position. Roving stations may be utilized as secondary lifeguards to a zone when necessary.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 481
Contract No. C36627

4. Rescue hip packs must be worn by all trained lifeguards at all times. Packs will be adequately supplied with a resuscitation mask appropriate for adults and a mask appropriate for children, or a universal mask and non-latex exam gloves.

7. Backup Duty Lifeguard:

1. When not needed on deck or to assist customers, Backup Duty Lifeguards shall:
a. check locker rooms for behavior issues or horseplay, b. assist in rendering first aid to injured persons,
c. assist deck lifeguard as needed,
d. or perform cleanup and maintenance activities.

8. If a full complement of staff is not needed, the supervisor on duty may release excess lifeguards from work.

9. No lifeguard will be scheduled to work more than 8 hours in one day.

10. Lifeguards will be trained to complete injury report forms for all injuries to be submitted to the Aquatic Manager.

11. The Aquatic Manager shall notify the City of all required incidents.

12. The Lead Lifeguard is required to check and record pool chemistry every 2 hours.

13. Water chemistry shall be checked in the morning in enough time to adjust chemicals prior to opening to the public.

14. Water chemistry shall be checked at closing and necessary chemical adjustments made prior to staff leaving.

15. All staff will receive communications training, including verbal and non-verbal hand signals, whistle blasts, radio contact, and written communication. Signs and brochures at the front desk communicate safety rules. Management will share information at regular meetings and Supervisors will convey information through in-service trainings or other methods as needed.

16. The concession stand adheres to all Riverside County health codes and regulations. All staff handling unpackaged food must maintain current Riverside County Food Handler cards and be overseen by a Food Safety Manager. A minimum of one Food Safety Manager shall be on staff during the concession operation.

17. Locker rooms are monitored periodically by lifeguards. No food or drink is allowed in the locker rooms. Towel snapping, running or rough play is not allowed. Children 5 years of age and older are required to use the locker room of their own sex. Family changing rooms are also available.

18. Any commercial advertisements, press releases, articles, or other media information using the City’s name and/or logos shall be subject to the prior approval of the City.

19. All advertisements at the Aquatic Center are subject to approval by the City.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 482
Contract No. C36627

9. Financials
The Consultant shall develop and maintain financial procedures that align with the City’s financial policies and procedures, including but not limited to:

Cash controls
Budget development
Payroll
Collections
Revenue reporting
Purchasing
Accounts payable
The Consultant shall keep complete and accurate books of revenues collected and will make all records available to the City upon request. Books and records for the PDAC shall be maintained separately from other facilities operated by the Consultant. The Consultant shall maintain accounting books and records for a period of at least three years after the expiration or earlier termination of the Agreement, and the City shall have the right to inspect and audit such books and records during such period.

Financial and daily records shall meet the following criteria:

Record of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer’ s receipt. Beginning and ending cash register readings shall be made a matter of daily record.

Entry of each and every Aquatic Center user’s name on entry log.* A total count of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail reports.

Ability to differentiate resident vs. non-resident visits.

Maintenance of a daily logbook detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category.

Ability to record and report the number and type of discounts provided.

Monthly and annual statements of gross revenues, including a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City.

Except non-resident drop-in for recreation and lap swim. Groups or families must provide only the primary/ head of household or group lead’s contact information.

9.1 Cash Receipts
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 483
Contract No. C36627
The Consultant shall collect daily fees and record them in the point- of-sale system. The city shall provide deposit bags for daily cash receipts, which will be submitted to the city daily with a daily register report or similar report that ties back to the cash receipts. Reports for weekends and observed holidays shall be submitted on the following business day. Reports shall include receivables for insurance- sponsored Senior/dependent benefit programs ( i.e. Peerfit, SilverSneakers, Medicare, etc.) and monthly lane rentals.

The Consultant shall submit a monthly revenue report to the city for deposit verification and revenue reconciliation, which the city will reconcile during its normal bank reconciliation processes.

The city may implement armored courier services or night deposit procedures depending on the volume and frequency of cash collected at the PDAC.

9.2 Banking
The city shall maintain the PDAC cash balances in the main bank account of the city, utilizing the pooled cash method of fund accounting. Upon contract execution, the Consultant shall begin the process of sending accumulated funds back to the city. This process shall include the reconciliation of all deposits in transit and outstanding checks.

The City shall provide a loan of $200,000 to the Consultant, to be held in the Consultant’ s own bank account, for the purpose of emergency payroll coverage.

The Consultant may request the establishment of a petty cash fund from the City if needed.

9.3 Reimbursements
The management fee and reimbursements for purchase of Consultant supplies of $2,000.00 or less will be made via check, ACH or wire transfer from the city to the Consultant in accordance with the contract terms.

For payroll reimbursements, Consultant will provide the city with a report of payroll cash requirements and any requested backup upon completion of each payroll process. The City shall reimburse the Consultant via timely wire transfer on a schedule that aligns with the Consultant’ s payroll cash sweep deadlines.

9.4 Procurement and Invoice Processing
All procurement and invoice processing shall be in accordance with applicable city procurement policies, procedures, and within the approved budget. Expenditures of $500.00 or less may be made directly by the Consultant to maintain adequate supplies for facility operation.

Expenditures over $ 500.00 up to $2,000.00 may be made directly by the Consultant upon city approval. Invoices over $ 2,000.00 shall be paid directly by the city via city workflow routing. The city shall provide the Consultant with the appropriate instructions on how to submit invoices and other procurement documents for processing.

Upon execution, Consultant shall provide the city with any existing contracts for review by the city’s procurement department.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 484
Contract No. C36627

10. Policies
The Consultant will develop and maintain policies and procedures, including but not limited to:

Pool Use and Safety Rules
Lifeguard Policy and Procedure Manual
Equipment Rental Procedures
Facility Rental, Group Use Requirements, and Fee Structure Swim Testing
Signage Standards

11. Program Development
The Consultant shall develop a program plan to be reviewed and approved by the City. The Program Plan shall include at a minimum.

Swim lessons
Lap swimming
Arthritis and/or Multiple Sclerosis classes
Red Cross certification courses
Yoga, spin, or other group fitness classes
Water games
The Consultant shall strive to make classes responsive to and/or inclusive to persons with disabilities. A program registration process will be in place.

The Program Plan shall include program attendance goals and shall be reviewed by the Consultant and the City of Palm Desert annually at a minimum.

The PDAC Program Plan may be updated or amended to meet City of Palm Desert goals throughout the contract term. Any changes shall be agreed upon by the City of Palm Desert and the Consultant.

12. Key Performance Indicators
The Consultant shall gather data on a daily basis to report on required Key Performance Indicators KPIs). For general business practices, the following items or KPIs should be tracked by the Palm Desert Aquatic Center management company. Additional items may be added in the future to influence business and operational decisions. Some items may be removed in the future if they are no longer meaningful for business updates.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 485
Contract No. C36627
Monthly reporting should be available to present to and discuss with the Palm Desert Aquatic Center Business Committee. The report information requested may change depending on updated strategies.

Depending on the metric, they may be included in Monthly, Quarterly or Annual reports.

Financial Programs Operations
Attendance/ Passes Sold
Member Retention
Pass Renewals
Concessions Revenue
Rental Revenue
Swim Lesson Revenue
Concessions Per Cap
Program Attendance
Sessions
Held/Canceled
Rentals Held
Special Programs
Checklist Compliance
Closures
Incidents
Facility Audit Results
Pool Chemical Readings
Customer Satisfaction
Staff Turnover
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 486
Contract No. C36627

13. Reporting Standards
The Consultant shall regularly report on all required KPIs and topics according to required timelines. Monthly reports will be delivered to the City of Palm Desert staff liaison of the PDAC Business Committee. Quarterly reports will be presented at regular Parks and Recreation meetings. Annual reports will be presented to the City Council. Reporting requirements include but are not limited to the items below:

Subject Justification Target Information Reporting
Frequency
Attendance/Passes
Sold
Tracking attendance
and passes sold is
crucial for PDAC to
understand customer
engagement and
revenue generation. It
is also necessary to
understand the impact
of the aquatic center
services within the
community and the
impact of the use of
City resources.

Total attendance for
the month including
passes and
memberships sold.

Include comparisons to
prior years in the same
month. In addition, any
special programs, or
events with their
attendance should be
listed in addition to the
total.

Monthly
Quarterly
Annually
Member Retention Member retention is
essential for the
stability and growth of
a business. It directly
affects the recurring
revenue and the
establishment of a
loyal customer base.

Understanding and
analyzing retention
rates assist in
developing strategies
to retain existing
customers, ultimately
reducing the cost of
acquiring new ones.

Membership retention
is the percentage of
members that
continued their
membership or
renewed their
membership during the
reporting period.

Monthly
Quarterly
Annually
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 487
Contract No. C36627
Subject Justification Target Information Reporting
Frequency
Concessions
Revenue/Per Cap
Concessions revenue
may serve as a
significant stream of
income for PDAC.

Monitoring this metric
helps in understanding
customer spending
patterns, optimizing
offerings, and
increasing profitability
by adjusting product
mixes and pricing
strategies.

Calculating
concessions per capita
is essential as it
reflects the average
spending of customers
per visit. This metric
assists in evaluating
the effectiveness of
sales strategies and
pricing, helping PDAC
optimize revenue
generation.

Concessions revenue
should be reported as
a total revenue line
item (Gross), and net
revenue which is the
gross revenue minus
expenses.

Additionally, specific
concessions items may
be reported to
maximize offerings.

Monthly during
summer months and
in the Annual Report.

Rental Revenue Rental revenue is a
critical source of
income for many
PDAC. Keeping track
of rental revenue
allows for effective
management of
available resources,
enabling adjustments
in pricing strategies
and identifying
opportunities to
expand services.

Rental revenue should
be reported to show
the number of rentals
offered and the amount
of revenue collected for
that reporting period.

This can also be
analyzed vs. the
previous year’s
reporting period to
show increases or
decreases in revenue.

Monthly
Quarterly
Annually
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 488
Contract No. C36627
Subject Justification Target Information Reporting
Frequency
Swim Lesson
Revenue
Monitoring swim
lesson revenue is
crucial for PDAC. It
helps in gauging the
popularity of the
program, assesses
profitability, and
determines the
effectiveness of
marketing and
teaching strategies.

Each report should
indicate the number of
swim lessons taught,
the revenue from the
swim lessons and
increases or decreases
from previous reporting
periods.

Session
Monthly
Quarterly
Annually
Program Attendance
Sessions
Held/Canceled
Tracking the number
of sessions held
versus canceled is
crucial for maintaining
operational efficiency.

It helps in identifying
trends, managing
resources effectively,
and improving
scheduling to minimize
disruptions.

Monitoring program
attendance helps in
evaluating the success
and popularity of
various programs
offered. This data
guides PDAC in
making informed
decisions about
program
improvements,
resource allocation,
and future offerings.

Each program should
track attendance, spots
filled vs vacant and
whether the class or
session met minimum
sign ups or not. This
may help PDAC in
ensuring profitable
programs continue and
unprofitable programs
can be abandoned or
re-marketed to
increase participation.

Quarterly
Annually
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 489
Contract No. C36627
Subject Justification Target Information Reporting
Frequency
Special Events /
Programs
Monitoring the success
and attendance of
special programs is
important for PDAC to
understand their
impact on revenue and
customer engagement.

This data informs
future planning and
helps in tailoring
offerings to meet
customer demands.

Post-event
Annually
Checklist
Compliance
Ensuring checklist
compliance is vital for
maintaining
operational standards,
safety, and quality.

Tracking compliance
helps in mitigating
risks, ensuring
consistency, and
maintaining a positive
reputation.

Checklist Compliance
should be reported as
a percentage of total
compliance expected,
vs what was
completed. This will
help to ensure risk
management
operations are being
conducted.

Monthly
Quarterly
Annually
Closures Documenting closures
is crucial for PDAC to
understand their
impact on revenue and
customer experience.

Analyzing closure data
helps in identifying
patterns, mitigating
issues, and developing
strategies to minimize
disruptions.

Closures data should
include the reason for
the closure and the
amount of revenue that
may have been lost
due to the closure.

Additionally, any extra
expenses incurred due
to the closure should
be tracked.

Monthly
Quarterly
Annually
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 490
Contract No. C36627
Subject Justification Target Information Reporting
Frequency
Incidents Tracking incidents is
crucial for ensuring
customer safety and
satisfaction. It helps in
identifying potential
risks, improving safety
protocols, and
maintaining a secure
environment for
customers and staff.

Incidents should be
reported immediately to
appropriate offices and
then tracked to indicate
location and reason for
the incident. This data
can then be used to
mitigate future risks.

Monthly
Quarterly
Annually
Facility Audit
Results
Monitoring facility audit
results is essential for
ensuring operational
standards and
compliance. This data
helps in identifying
areas for
improvement,
maintaining quality
standards, and
meeting regulatory
requirements.

Internal and external
audits should be report
as they occur and
given directly to the
City of Palm Desert.

Per audit
Pool Chemical
Readings
Monitoring pool
chemical readings is
critical for maintaining
a safe and hygienic
environment. This data
ensures compliance
with health and safety
standards, protecting
the well-being of
customers and staff.

Abnormalities may be
reported to the City of
Palm Desert as they
occur, however pool
readings should be
recorded and available
to be reported on as
needed.

Per occurrence
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 491
Contract No. C36627
Subject Justification Target Information Reporting
Frequency
Customer
Satisfaction
Assessing customer
satisfaction is
fundamental for PDAC
to understand the
quality of services
offered. This data
helps in identifying
areas for
improvement, retaining
customers, and
attracting new ones
through positive wordof-mouth.

Quarterly
Annually
Staff Hiring /
Retention
Tracking staff turnover
is important for PDAC
to assess employee
satisfaction, identify
retention issues, and
implement strategies
to improve workplace
culture and reduce
hiring and training
costs.

Tracking staff
recruitment is crucial
for PDAC to ensure
appropriate staffing
levels. Monitoring
recruitment efforts
helps in identifying
trends, optimizing the
hiring process, and
ensuring a skilled and
reliable workforce.

The number of staff
retained, and the
number of staff hired vs
the number needed for
operations. This can
help identify staffing
needs and increases in
marketing toward
staffing goals.

Quarterly
Annually
Subject Justification Target Information Reporting
Frequency
DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 492
Contract No. C36627
Completed
Maintenance
Monitoring completed
maintenance tasks is
crucial for ensuring the
proper functioning of
equipment and
facilities. It helps in
preventing disruptions,
ensuring customer
satisfaction, and
maintaining a positive
reputation.

Regular maintenance
summaries should be
included in monthly
reports and major
maintenance projects
reported in annual
reports to show that
preventive
maintenance and
regular maintenance is
occurring.

Monthly
Annually
In-Service Training Ensuring in-service
training compliance is
vital for staff
development and
maintaining
operational standards.

It assists in enhancing
employee skills,
ensuring consistency
in service quality, and
adhering to regulatory
requirements.

In-service training
should be reported
annually to show a
complete in-service
training program and
that all staff members
are receiving the
required number of
training hours annually.

Annually
Goal Updates Goals move the
business at PDAC
forward and the
reporting of goals
achieved or worked on
show the progress
management is
making toward the
future.

Goals should be
reported Quarterly and
Annually to ensure
continuous
improvement in
operations and
business.

Quarterly
Annually
The Consultant shall meet with City staff monthly to review operations, KPIs and other topics. Goals and strategy meetings shall be held on a quarterly basis.

DocuSign Envelope ID: C03DEC98- CB50- 43FA-A9D2- 64C3D0F53209 493
494
Contract No. C36620
AMENDMENT NO. 8 TO CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR

MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER

BETWEEN THE CITY OF PALM DESERT AND FAMILY YMCA OF THE DESERT

1. Parties and Date.

This Amendment No. 8 to Contract No. C36620 – Professional Services for Management and Staffing of the Palm Desert Aquatic Center is made and entered into as of this 1st day of July 2025, by and between the City of Palm Desert (“City”) and Family YMCA of the Desert, a Nonprofit Organization with its principal place of business at 43930 San Pablo Avenue, Palm Desert, CA 92260 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled Contract No. C36620 – Professional Services for Management and Staffing of the Palm Desert Aquatic Center dated May 10, 2018 (“Agreement”) for the purpose of retaining the services of Consultant to provide Management and Staffing of the Palm Desert Aquatic Center.

2.2 Amendment. The City and Consultant desire to amend the Agreement to update several terms.

2.3 Amendment Authority. This Amendment No. 8 is authorized by Section 26 of the Agreement.

3. Amendments.

3.1 Exhibit “A.” A new Exhibit “A” entitled Scope of Services, which details Consultant’s responsibilities in the management and operation of the Aquatic Center, is hereby incorporated into this Agreement. The new Exhibit “A” is attached hereto and made a part of the existing Agreement by this reference. The new Exhibit “A” replaces, in its entirety, the existing Exhibit “A,” which was attached to Amendment No. 7.

3.2 Term. Section 1.1. of the Agreement is amended to read as follows:
“(1.1) The term of this Agreement commenced on July 1, 2018 (“Commencement Date”) and continues with extensions through June 30, 2025. This Amendment No. 8 further extends the term of this Agreement from July 1, 2025 through June 30, 2030 (“Termination Date”).”

3.3 Term Extensions. Section 1.2 of the Agreement is amended to read as follows:
“(1.2) The City, at its option, may extend the term of this Agreement for up to three (3) one-year extensions based on Consultant’s performance and mutual agreement. In the event of the exercise of such option by the City, all other terms of this Agreement, shall remain the same, except for the new Termination Date, as agreed to by the Parties.” 495
Contract No. C36620

3.4 Representatives. Section 8 of the Agreement is amended to read as follows:
“(8) Until such time as Consultant shall have received written notice to the contrary, the “designee of the City” as that term is used herein, shall be the City Manager. Furthermore, the designated representatives to act on each Party’s behalf for correspondence and day-today administration of this Agreement are as follows:

CITY: Chris Escobedo, Assistant City Manager
73510 Fred Waring Dr.

Palm Desert, CA. 92260
CONSULTANT: Aquatics Manager
73751 Magnesia Falls Drive
Palm Desert, CA 92260

3.5 Termination. Section 10 of the Agreement is amended to read as follows:
“(10) Either Party may terminate this Agreement immediately upon written notice to the other Party if the other Party commits a material breach of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach. A “material breach” shall include, but is not limited to, the following: (a) failure to perform its obligations under this Agreement in a timely and competent manner; (b) engaging in fraudulent or dishonest conduct that is detrimental to the interests of the other Party; (c) violation of any applicable laws or regulations in the conduct of its business; (d) repeated instances of failure to comply with the terms of this Agreement. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. Consultant may, by written notice to City, terminate this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof, at least one hundred eighty (180) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been completed before the effective date of termination in a manner consistent with professional standard of care. The rights and remedies provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement.”

3.6 Management Fee. Section 15 of the Agreement is amended to read as follows:
“The City agrees to pay the Consultant a fixed Management Fee for the period of this Agreement to the expiration of the term, Consultant shall receive a “Fixed Management Fee” of $14,824.10 per month. The Fixed Management Fee shall be paid monthly, in arrears, within 30 days of receipt of the invoice. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA or 5%, whichever is lower.”

3.7 Unemployment Cost Reimbursement. A new Section 15.1 is added to the Agreement to read as follows:
496
Contract No. C36620
“(15.1) Unemployment Cost Reimbursement. The City anticipates that the Aquatic Center will be closed for a capital improvement project, including but not limited to the replacement and upgrade of the pump room, in or about November-December 2025 (“Project”). In the event that the Aquatic Center is closed to allow for work on the Project, City agrees to reimburse Consultant for unemployment benefits incurred by eligible employees resulting from said closure. To qualify for reimbursement under this provision, Consultant must provide documentation that demonstrates the eligibility of affected employees for unemployment benefits in accordance with state and federal laws. Upon receipt of the documentation from the Consultant regarding eligible employees and associated unemployment costs, the City shall review the submission within thirty (30) business days.

City will reimburse the Consultant for approved unemployment costs within sixty (60) days of submission, provided all eligibility requirements and documentation are satisfactorily met.

City’s reimbursement obligation under this provision shall be limited to the actual unemployment benefits paid to eligible employees directly attributable to the closure period.

The City shall not be liable for any additional costs incurred by the Consultant, including but not limited to administrative fees, legal costs, or any benefits beyond unemployment compensation. In addition to the indemnification obligations in Section (23) of this Agreement and otherwise found throughout the Agreement, the Consultant agrees to indemnify and hold harmless the City, its directors, officials, officers, employees, volunteers, and agents from any claims, liabilities, or damages incurred as a result of unemployment claims arising from this closure, except for instances of negligence or willful misconduct by City. City shall not be responsible for any unemployment claims that arise from employee misconduct or termination for cause. City’s obligation to reimburse unemployment costs under this provision shall terminate if: (a) Consultant fails to provide the required documentation or fails to notify the City within the established timeframe; or (b) Consultant refuses to accept unemployment reimbursements or fails to comply with any state or federal regulations regarding unemployment claims. City and the Consultant agree to work together in good faith for the duration of the Project that affects this closure period and in regard to the corresponding unemployment reimbursement obligations under this provision.”

4. Additional Terms.

4.1 Continuing Effect of Agreement. Except as stated and amended by this Amendment No. 8, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 8. From and after the date of this Amendment No. 8, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8.

4.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 8.

4.3 Severability. If any portion of this Amendment No. 8 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

4.4 Counterparts. This Amendment No. 8 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
497
Contract No. C36620
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 8 to the CONTRACT NO. C36620 – PROFESSIONAL SERVICES FOR MANAGEMENT AND STAFFING OF THE PALM DESERT AQUATIC CENTER as of the day and year first above written.

CITY OF PALM DESERT FAMILY YMCA OF THE DESERT
Approved By:
_________________________________ _________________________ L. Todd Hileman Paula Simonds,
City Manager CEO
Attested By:
_____________________________________
Anthony J. Mejia
City Clerk
Approved As to Form:
______________________________________
Isra Shah
Best Best & Krieger, LLP
City Attorney
498
Contract No. C36620
EXHIBIT “A”

SCOPE OF SERVICES
499
Contract No. C36628
Amendment No. 8
Exhibit A

Page 1 of 20 ends

SCOPE OF SERVICES
General Scope:

The Consultant will provide management and operations services for City of Palm Desert in accordance with the Contract Documents at the Palm Desert Aquatic Center (PDAC), located at 73751 Magnesia Falls Drive, Palm Desert, CA 92260.

The City requests the Consultant to demonstrate their ability to provide and perform services for the Aquatic Center including, but not limited to, management, operations, programming, concessions, and janitorial services relating to the Aquatic Center as described in this Scope of Services. The Aquatic Center consists of the following amenities:
• 50- Meter Pool with Diving Area
• Recreation / Therapy Pool (with slides)
• Children’s Pool with Water Play Structure
• Concessions Area (675 Sq. Ft.)
• Men’s and Women’s Locker Rooms
• Family Restrooms and Changing Areas
• Lifeguard Room / First Aid Room
• Administration Offices
• Multi-Purpose Room (842 Sq. Ft.)
• Storage Room
• Mechanical Room
• Chemical Storage Areas
The City contracts the major pool mechanical maintenance of the Aquatic Center to a third-party contractor and will work closely with the Consultant to ensure prompt service to the facility. All utilities will be directly billed and paid for by the City.

All services provided by the Consultant must be performed to the industry standards and compliant with all applicable local, county, state, and federal laws. 500
Contract No. C36628
Amendment No. 8
Exhibit A

Page 2 of 20 ends

1.1. Roles and Responsibilities
City of Palm Desert Family YMCA of the Desert
Day-to-Day Operation • Janitorial • Admissions and program operation
• POS system
• Program Development
Facility • Weekly walk-through
inspections
• Execute maintenance
projects
• Execute capital
improvement projects
• Daily upkeep of pools,
slides, and other
equipment
• Minor pool equipment
repairs and painting
• Submit immediate
reports on maintenance
or CIP needs
• Make recommendations
on maintenance or CIP
needs based on aquatic
industry standards
Human Resources • Management committee
to meet monthly
• Annual Wage Scale
Review
• Aquatic Manager,
Aquatics
Consultant/Manager,
Operations Manager,
Front Desk,
Concessions, Lead
Lifeguards and
Lifeguards
• Recruitment
• Competitive wages and
benefits
• General staff training for
facility operation
• Lifeguard certification
• First aid/CPR/AED
Marketing and
Programs
• City-provided marketing
firm
• New programs and
expanded hours to be
proposed by
management committee
and Aquatics
Consulting/Management
position
• Aquatics
Consulting/Management
position to drive new
revenue opportunities
• Coordinate monthly
marketing meetings
• Staff and operate
programs in coordination
with City staff
•
Accountability • Analysis of KPIs • Collect data on
prescribed KPIs
501
Contract No. C36628
Amendment No. 8
Exhibit A

Page 3 of 20 ends

• Monthly meetings with
management committee
• Develop and organize
financial projection and
analysis team
• Review monthly/quarterly
trends regarding budget,
visitors, KPI data
• Monthly meetings with
management committee
• Assist with report
development and
presentation
• Participation in financial
projection and analysis
team
Concessions • Develop updated
schedule and menu
• Determine need for
additional equipment
• Operate concessions per
City guidance
• Conduct inventory of
concessions supplies
Facility Closures • Reimburse the Family
YMCA of the Desert for
any incurred costs not to
exceed $250,000 for
pump room renovation
project (based on
estimated 8-week
closure).
• Facilitate and expedite
construction timelines
and costs during closure.
• Communicate
construction project
timeframes and any
relevant updates
• Provide a detailed
personnel workplan that
will delineate which
employees will continue
working and their
respective roles during
the duration of the
closure, and which
employees will not be
retained.
• Provide supporting
documentation and
receive approval from
city should there be
closure extensions.

1.2. Services to be Performed
The Consultant will provide services, plans and procedures as described below for the day-to-day management and operations of the facility:
• Perform maintenance, cleaning, and minor repairs of all pools, equipment, and facilities. • Perform daily safety and compliance checks of all pools, decks, pool amenities, and facilities. Notify City staff of all urgent issues immediately and routine concerns within one business day.
• Complete daily inspection report form for water slides and applicable attractions when in use and maintain on file.
• Ensure the pool and support facilities meet cleanliness and hygiene standards. • Ensure all pools meet applicable Riverside County Health Department standard compliance (chemicals, flow, filtration, etc.).
• Manually check and record water chemistry in each pool every 2 hours (minimum) and adjust chemicals as needed.
502
Contract No. C36628
Amendment No. 8
Exhibit A

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• Maintain industry standards for water clarity and cleanliness on all pools. • Inspect and maintain records of all pools and equipment. • Monitor inventory levels of chemicals and other pool maintenance supplies for the purpose of ensuring the availability of supplies as needed. • Monitor and inventory concessions supplies.
• Prepare and process purchase orders for the purpose of securing needed supplies according to City of Palm Desert purchasing policies and requirements. • Provide regular KPI data and reports as required for assigned equipment and programs. • Maintain equipment and chemical rooms to be free of non-essential equipment, used parts, clutter and chemical spills.
• Follow all required safety precautions when using hazardous materials, assigned tools, and machinery.
• Set up and/or move equipment (e.g., starting blocks, bleachers, diving boards etc.) for the purpose of ensuring availability for patrons and programs. • Maintain cleanliness of all facilities within the aquatic center: pools, drains, deck, locker rooms, etc.
• Perform facility painting and retouching as necessary to maintain a high-quality facility facade.
• Promote, and exemplify City of Palm Desert Mission, Vision and Core Values. • Exercise excellent customer service. Follow up on complaints, questions, and concerns; respond to internal and external customer needs in a friendly, timely and efficient manner.
• Administer regular customer feedback and satisfaction surveys. • Comply with local jurisdictional requirements and industry standards as applicable including but not limited to: California Pool Code, Model Aquatic Health Code, OSHA Hazardous Communications Standard and OSHA Bloodborne Pathogens Standard.

1.3. Business Plan
Consultant shall provide a Business Plan to include the following:
• Hours of operation (subject to change if approved in writing by the City) o May through September
▪ Monday – Friday 5:30 am – 7:00 pm
▪ Saturdays 7:00 am - 7:00 pm
▪ Sundays 8:00 am – 7:00 pm
o October through April
▪ Monday – Friday 5:30 am – 7:00 pm
▪ Saturdays 7:00 am - 5:00 pm
▪ Sundays 8:00 am – 5:00 pm
• Personnel requirements
Guidelines for policy development for programs and facility 503
Contract No. C36628
Amendment No. 8
Exhibit A

Page 5 of 20 ends

1.4. Preventative Maintenance Plan
The Consultant develop a comprehensive Preventative Maintenance Plan that includes, but is not limited to the following:

A. Facility Inspection Program

1. Details of facility inspections

2. Frequency of facility inspections
B. Routine Maintenance to be performed.

C. Mechanical Equipment Inventory

1. Name and Model #

2. Manufacturer and contact info.

3. Local Vendor (as applicable)

4. Replacement and service details
D. Equipment Manuals

1. In the event an equipment manual is not available, the City shall attempt to provide a satisfactory replacement from the equipment manufacturer.

2. If no manual is available, the Consultant shall provide a written document outlining the standard operating procedures for maintaining and operating the applicable piece of equipment.

E. The City will As-Built Plans to be included in the Preventative Maintenance Plan.

1.5. Safety Plan
The Consultant shall provide and maintain a facility Safety Plan. The Consultant is authorized by the City to implement the Safety Plan with proper notification to the City. The Safety Plan shall include, but is not limited to the following:

A. Facility Staffing Plan

1. Code Compliance Staffing Plan

2. Zones of Patron Surveillance

3. Rotation Procedures

4. Alternation of Tasks

5. Supervision Protocols
B. Emergency Action Plans

1. Emergency procedures for anticipated emergencies at the aquatic center

2. Methods of communication

3. Required emergency equipment.

4. Emergency closure requirements
C. Biohazard Action Plan

1. Fecal vomit and blood contamination of the pool and facility surfaces D. Pre-Service Training Plan

1. Facility policies and procedures to be included in training.

2. Demonstration of required Safety Team skills specific to PDAC 504
Contract No. C36628
Amendment No. 8
Exhibit A

Page 6 of 20 ends

3. Documentation of training
E. In-Service Training Plan

2. In-service documentation

3. Certification maintenance

4. Demonstration of Lifeguard Skill Proficiencies

1.6. Recruitment and Hiring Plan
A. Recruitment and Hiring

1. Consultant will submit a written process for recruitment and hiring.

Staffing and salary ranges are to be provided annually to the City of Palm Desert Director of Public Works for approval.

D. Janitorial services for the facility will be completed by the Consultant and is typically performed by Lifeguards and other staff on duty.

1. Regular locker room checks are expected to be performed throughout the day.

2. Locker room check sheets may be utilized at the discretion of the Consultant.

E. Position Descriptions

1. Descriptions for key positions listed above will be developed and maintained by the Consultant.

F. Organizational Chart provided by YMCA upon contract adoption. 505
Contract No. C36628
Amendment No. 8
Exhibit A

Page 7 of 20 ends

1.7. Staff Training
A. PDAC staff will maintain the following minimum training credentials:

1. Aquatic Director / Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal.

2. Aquatic Director / Manager, Aquatics Coordinator, Facility Operations Manager, or other staff
a. Lifeguard Instructor Certification (LGI)

3. Facility Operations Manager
a. Certified Pool Operator (CPO) or Aquatic Facility Operator (AFO) or approved equal.

4. Aquatics Front Desk & Concessions Manager
a. Food Manager Certification (must be from a school recognized by the Riverside County Department of Environmental
Health: https://rivcoeh.org/sites/g/files/aldnop361/files/migrated/Portals-0-PDFFoods-31-09-DES-Food-Manager-Certification.pdf

5. Lifeguards
a. Lifeguarding with Bloodborne Pathogens Training, Administering Emergency Oxygen, Asthma Inhaler Training, Epinephrine Auto Injector, First Aid for Public Safety Personnel (Title 22) (American Red Cross or approved equal)

1.8. Operations Procedures
The Consultant will develop and maintain standard procedures that must be performed for the proper maintenance and operations of the facility. These include but are not limited to:
• Pool Chemical Parameters
• Chemical Room Emergency Procedures
• Hazard Identification and Communication
• Safety and First Aid Equipment
• Facility and Pool Cleanliness
• Health Regulations
• Discipline
• Child Abuse Prevention
• Lost and Found
• Media Communication
• Pool Water Contamination and Response
• Biohazard Disposal
• Report Writing

1.The designated shift supervisor oversees the facility and staff. 506
Contract No. C36628
Amendment No. 8
Exhibit A

Page 8 of 20 ends

2. The minimum age for a lifeguard to lifeguard a body of water alone is 16 years of age.

3. Facility may not open to the general public without a minimum of 3 lifeguard certified staff members present.

4. At the start of their shift, all certified staff members must be ready to perform assigned duties.

5. All schedules are posted in their respected offices and emailed to the staff in a timely manner.

6.Deck Lifeguards:

1. During high use times lifeguards will rotate regularly.

2. Lifeguards leaving the deck must perform regular locker room checks.

7. Backup Duty Lifeguard:

8. If a full complement of staff is not needed, the supervisor on duty may release excess lifeguards from work.

9. No lifeguard will be scheduled to work more than 8 hours in one day.

10. Lifeguards will be trained to complete injury report forms for all injuries to be submitted to the Aquatic Manager.

11. The Aquatic Manager shall notify the City of all incidents, as required.

12. The Lead Lifeguard is required to check and record pool chemistry every 2 hours.

13. Water chemistry shall be checked in the morning in enough time to adjust chemicals prior to opening to the public.

14. Water chemistry shall be checked at closing and necessary chemical adjustments made prior to staff leaving.
507
Contract No. C36628
Amendment No. 8
Exhibit A

Page 9 of 20 ends

18. Any commercial advertisements, press releases, articles, or other media information using the City’s name and/or logos shall be subject to the prior approval of the City.

19. All advertisements at the Aquatic Center are subject to approval by the City.

1.8.1 Facility Closures
• In the event that the City closes the facility due to the pump room renovation project, or other repair and maintenance activity, the City will reimburse the Family YMCA of the Desert for any incurred costs not to exceed $250,000 per 8-week closure. Further, If the facility closure extends beyond the anticipated project completion deadline, the city will continue to reimburse the Family YMCA of the Desert for any additional costs with proper documentation and approval from the city.
• The YMCA will provide a detailed personnel workplan that will delineate which employees will continue working and their respective roles during the duration of the closure, and which employees will not be retained.

1.9. Financials
The Consultant shall develop and maintain financial procedures that align with the City’s financial policies and procedures, including but not limited to:
• Cash controls
• Budget development
• Payroll
• Collections
• Revenue reporting
• Purchasing
• Accounts payable
508
Contract No. C36628
Amendment No. 8
Exhibit A

Page 10 of 20 ends

The Consultant shall keep complete and accurate books of revenues collected and will make all records available to the City upon request. Books and records for the PDAC shall be maintained separately from other facilities operated by the Consultant. The Consultant shall maintain accounting books and records for a period of at least three years after the expiration or earlier termination of the Agreement, and the City shall have the right to inspect and audit such books and records during such period.

Financial and daily records shall meet the following criteria:
• Record of all sales by means of a cash register, which will display the amount of each sale and automatically issue a customer’s receipt. Beginning and ending cash register readings shall be made a matter of daily record.
• Entry of each and every Aquatic Center user’s name on entry log.* • A total count of Aquatic Center users at the end of each day and reconciliation of fee category totals on cash register detail reports.
• Ability to differentiate resident vs. non-resident visits. • Maintenance of a daily logbook detailing the number of Aquatic Center users by fee category and total amount of cash collected by fee category. • Ability to record and report the number and type of discounts provided. • Monthly and annual statements of gross revenues, including a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City.
*Except non-resident drop-in for recreation and lap swim. Groups or families must provide only the primary/head of household or group lead’s contact information.

1.9.1 Cash Receipts
The Consultant shall collect daily fees and record them in the point-of-sale system. The city shall provide deposit bags for daily cash receipts, which will be submitted to the city daily with a daily register report or similar report that ties back to the cash receipts. Reports for weekends and observed holidays shall be submitted on the following business day. Reports shall include receivables for insurance-sponsored Senior/dependent benefit programs (i.e. Peerfit, SilverSneakers, Medicare, etc.) and monthly lane rentals.

The Consultant shall submit a monthly revenue report to the city for deposit verification and revenue reconciliation, which the city will reconcile during its normal bank reconciliation processes.

The city may implement armored courier services or night deposit procedures depending on the volume and frequency of cash collected at the PDAC.

1.9.2 Banking
The city shall maintain the PDAC cash balances in the main bank account of the city, utilizing the pooled cash method of fund accounting. Upon contract execution, the Consultant shall begin 509
Contract No. C36628
Amendment No. 8
Exhibit A

Page 11 of 20 ends

the process of sending accumulated funds back to the city. This process shall include the reconciliation of all deposits in transit and outstanding checks.

The City shall provide a loan of $200,000 to the Consultant, to be held in the Consultant’s own bank account, for the purpose of emergency payroll coverage.

The Consultant may request the establishment of a petty cash fund from the City if needed.

1.9.3. Reimbursements
The management fee and reimbursements for purchase of Consultant supplies of $2,000.00 or less will be made via check, ACH or wire transfer from the city to the Consultant in accordance with the contract terms.

1.9.4. Procurement and Invoice Processing
All procurement and invoice processing shall be in accordance with applicable city procurement policies, procedures, and within the approved budget. Expenditures of $500.00 or less may be made directly by the Consultant to maintain adequate supplies for facility operation.

Expenditures over $500.00 up to $2,000.00 may be made directly by the Consultant upon city approval. Invoices over $2,000.00 shall be paid directly by the city via city workflow routing. The city shall provide the Consultant with the appropriate instructions on how to submit invoices and other procurement documents for processing.

Upon execution, Consultant shall provide the city with any existing contracts for review by the city’s procurement department.

1.10. Policies
The Consultant will develop and maintain policies and procedures, including but not limited to:
• Pool Use and Safety Rules
• Lifeguard Policy and Procedure Manual
• Equipment Rental Procedures
• Facility Rental, Group Use Requirements, and Fee Structure • Swim Testing
• Signage Standards
510
Contract No. C36628
Amendment No. 8
Exhibit A

Page 12 of 20 ends

1.11. Program Development
The Consultant shall develop a Program Plan to be reviewed and approved by the City. The Program Plan shall include at a minimum.
• Swim lessons
• Lap swimming
• Arthritis and/or Multiple Sclerosis classes
• Red Cross certification courses
• Yoga, spin, or other group fitness classes
• Water games
The Consultant shall strive to make classes responsive to and/or inclusive to persons with disabilities. A program registration process will be in place.

The Program Plan shall include program attendance goals and shall be reviewed by the Consultant and the City of Palm Desert annually at a minimum.

The PDAC Program Plan may be updated or amended to meet City of Palm Desert goals throughout the contract term. Any changes shall be agreed upon by the City of Palm Desert and the Consultant.

1.12. Key Performance Indicators
The Consultant shall gather data on a daily basis to report on required Key Performance Indicators (KPIs). For general business practices, the following items or KPIs should be tracked by the Palm Desert Aquatic Center management company. Additional items may be added in the future to influence business and operational decisions. Some items may be removed in the future if they are no longer meaningful for business updates.

Monthly reporting should be available to present to and discuss with the Palm Desert Aquatic Center Business Committee. The report information requested may change depending on updated strategies.

Depending on the metric, they may be included in Monthly, Quarterly or Annual reports.

Financial Programs Operations
• Attendance/Passes Sold
• Member Retention
• Pass Renewals
• Concessions Revenue
• Rental Revenue
• Swim Lesson Revenue
• Concessions Per Cap
• Program Attendance
• Sessions
Held/Canceled
• Rentals Held
• Special Programs
• Checklist Compliance
• Closures
• Incidents
• Facility Audit Results
• Pool Chemical Readings
• Customer Satisfaction
• Staff Turnover
511
Contract No. C36628
Amendment No. 8
Exhibit A

Page 13 of 20 ends

1.13. Reporting Standards
The Consultant shall regularly report on all required KPIs and topics according to required timelines. Monthly reports will be delivered to the City of Palm Desert staff liaison of the PDAC Business Committee. Quarterly reports will be presented at regular Parks and Recreation meetings. Annual reports will be presented to the City Council. Reporting requirements include but are not limited to the items below:

Total attendance for
the month including
passes and
memberships sold.

Include comparisons to
prior years in the same
month. In addition, any
special programs, or
events with their
attendance should be
listed in addition to the
total.
• Monthly
• Quarterly
• Annually
Member Retention Member retention is
essential for the
stability and growth of
a business. It directly
affects the recurring
revenue and the
establishment of a
loyal customer base.

Understanding and
analyzing retention
rates assist in
developing strategies
to retain existing
customers, ultimately
reducing the cost of
acquiring new ones.

Membership retention
is the percentage of
members that
continued their
membership or
renewed their
membership during the
reporting period.
• Monthly
• Quarterly
• Annually
512
Contract No. C36628
Amendment No. 8
Exhibit A

Page 14 of 20 ends

Subject Justification Target Information Reporting
Frequency
Concessions
Revenue/Per Cap
Concessions revenue
may serve as a
significant stream of
income for PDAC.

Monitoring this metric
helps in understanding
customer spending
patterns, optimizing
offerings, and
increasing profitability
by adjusting product
mixes and pricing
strategies.

Concessions revenue
should be reported as
a total revenue line
item (Gross), and net
revenue which is the
gross revenue minus
expenses.

Additionally, specific
concessions items may
be reported to
maximize offerings.

Monthly during
summer months and
in the Annual Report.

Rental revenue should
be reported to show
the number of rentals
offered and the amount
of revenue collected for
that reporting period.

This can also be
analyzed vs. the
previous year’s
reporting period to
show increases or
decreases in revenue.
• Monthly
• Quarterly
• Annually
513
Contract No. C36628
Amendment No. 8
Exhibit A

Page 15 of 20 ends

Subject Justification Target Information Reporting
Frequency
Swim Lesson
Revenue
Monitoring swim
lesson revenue is
crucial for PDAC. It
helps in gauging the
popularity of the
program, assesses
profitability, and
determines the
effectiveness of
marketing and
teaching strategies.

Each report should
indicate the number of
swim lessons taught,
the revenue from the
swim lessons and
increases or decreases
from previous reporting
periods.
• Session
• Monthly
• Quarterly
• Annually
Program Attendance
Sessions
Held/Canceled
Tracking the number
of sessions held
versus canceled is
crucial for maintaining
operational efficiency.

It helps in identifying
trends, managing
resources effectively,
and improving
scheduling to minimize
disruptions.

Page 16 of 20 ends

Subject Justification Target Information Reporting
Frequency
Special Events /
Programs
Monitoring the success
and attendance of
special programs is
important for PDAC to
understand their
impact on revenue and
customer engagement.

This data informs
future planning and
helps in tailoring
offerings to meet
customer demands.

Each special event
should track
attendance and
profitability to ensure
the special event met
profitability and
attendance goals. This
data can be utilized to
understand whether to
continue offering the
event or not.
• Post-event
• Annually
Checklist
Compliance
Ensuring checklist
compliance is vital for
maintaining
operational standards,
safety, and quality.

Tracking compliance
helps in mitigating
risks, ensuring
consistency, and
maintaining a positive
reputation.

Checklist Compliance
should be reported as
a percentage of total
compliance expected,
vs what was
completed. This will
help to ensure risk
management
operations are being
conducted.
• Monthly
• Quarterly
• Annually
Closures Documenting closures
is crucial for PDAC to
understand their
impact on revenue and
customer experience.

Analyzing closure data
helps in identifying
patterns, mitigating
issues, and developing
strategies to minimize
disruptions.

Closures data should
include the reason for
the closure and the
amount of revenue that
may have been lost
due to the closure.

Additionally, any extra
expenses incurred due
to the closure should
be tracked.
• Monthly
• Quarterly
• Annually
515
Contract No. C36628
Amendment No. 8
Exhibit A

Page 17 of 20 ends

Subject Justification Target Information Reporting
Frequency
Incidents Tracking incidents is
crucial for ensuring
customer safety and
satisfaction. It helps in
identifying potential
risks, improving safety
protocols, and
maintaining a secure
environment for
customers and staff.

Incidents should be
reported immediately to
appropriate offices and
then tracked to indicate
location and reason for
the incident. This data
can then be used to
mitigate future risks.
• Monthly
• Quarterly
• Annually
Facility Audit
Results
Monitoring facility audit
results is essential for
ensuring operational
standards and
compliance. This data
helps in identifying
areas for
improvement,
maintaining quality
standards, and
meeting regulatory
requirements.

Internal and external
audits should be report
as they occur and
given directly to the
City of Palm Desert.

Abnormalities may be
reported to the City of
Palm Desert as they
occur, however pool
readings should be
recorded and available
to be reported on as
needed.

Per occurrence
516
Contract No. C36628
Amendment No. 8
Exhibit A

Page 18 of 20 ends

Subject Justification Target Information Reporting
Frequency
Customer
Satisfaction
Assessing customer
satisfaction is
fundamental for PDAC
to understand the
quality of services
offered. This data
helps in identifying
areas for
improvement, retaining
customers, and
attracting new ones
through positive wordof-mouth.

Customer satisfaction
measurements should
be taken after every
program and program
session and
periodically throughout
the year. Customer
satisfaction can then
be reported Quarterly
or Annually as needed.
• Quarterly
• Annually
Staff Hiring /
Retention
Tracking staff turnover
is important for PDAC
to assess employee
satisfaction, identify
retention issues, and
implement strategies
to improve workplace
culture and reduce
hiring and training
costs.

The number of staff
retained, and the
number of staff hired vs
the number needed for
operations. This can
help identify staffing
needs and increases in
marketing toward
staffing goals.
• Quarterly
• Annually
517
Contract No. C36628
Amendment No. 8
Exhibit A

Page 19 of 20 ends

Subject Justification Target Information Reporting
Frequency
Completed
Maintenance
Monitoring completed
maintenance tasks is
crucial for ensuring the
proper functioning of
equipment and
facilities. It helps in
preventing disruptions,
ensuring customer
satisfaction, and
maintaining a positive
reputation.

Regular maintenance
summaries should be
included in monthly
reports and major
maintenance projects
reported in annual
reports to show that
preventive
maintenance and
regular maintenance is
occurring.
• Monthly
• Annually
In-Service Training Ensuring in-service
training compliance is
vital for staff
development and
maintaining
operational standards.

It assists in enhancing
employee skills,
ensuring consistency
in service quality, and
adhering to regulatory
requirements.

In-service training
should be reported
annually to show a
complete in-service
training program and
that all staff members
are receiving the
required number of
training hours annually.
• Annually
Goal Updates Goals move the
business at PDAC
forward and the
reporting of goals
achieved or worked on
show the progress
management is
making toward the
future.

Goals should be
reported Quarterly and
Annually to ensure
continuous
improvement in
operations and
business.
• Quarterly
• Annually
The Consultant shall meet with City staff monthly to review operations, KPIs and other topics. Goals and strategy meetings shall be held on a quarterly basis. 518
Contract No. C36628
Amendment No. 8
Exhibit A

Page 20 of 20 ends

1.13.1 Management Fee Breakdown:

PDAC Management Fee
Breakdown
PDAC Cost per
item
Management Personnel (3
staff part time)
$103,759.20
Payroll Software $13,200
Operating/Accounting
software
$5,250
Accounts Payable
software
$180
Finance& Accounting $27,000
Information Technology $9,900
Human resources $6,000
Annual YMCA Dues $12,600
$177,889.20 Fixed Annual Management
Fee Total
In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Riverside-San Bernardino-Ontario, CA or 5%, whichever is lower.

Should the City develop or acquire a system capable of taking on the functions currently performed by the Vendor, the City reserves the right to revisit and potentially remove the Vendor's responsibilities for these functions.

City may, by written notice to consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to consultant of such termination, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. Consultant may, by written notice to City, terminate this Agreement at any time and without cause by giving written notice to City of such termination, and specifying the effective date thereof, at least one hundred eighty (180) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been completed before the effective date of termination in a manner consistent with professional standard of care.
519
520

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Randy Chavez, Deputy Director of Public Works SUBJECT: DIRECTION ON MATERIALS FOR EL PASEO RAISED CROSSWALKS RECOMMENDATION:

Request City Council direction on the preferred materials for raised crosswalks along El Paseo.

BACKGROUND/ANALYSIS:

The City of Palm Desert (City) installed three raised crosswalks around El Paseo in 2019. The purpose of raised crosswalks is to improve pedestrian safety by forcing drivers to slow down and make pedestrians more visible. Following the crosswalk installation, staff was requested to evaluate additional locations in 2023. Kimely-Horn (Consultant) was hired to conduct the study.

In January 2024, the Consultant completed the study and staff presented the findings to the Active Transportation Program (ATP) Subcommittee. The purpose of the meeting was to discuss the study, potential crosswalk materials and next steps. In March 2024, the City Council held a study session to discuss this study as well. Key topics and recommendations included:
 Construct two new raised crosswalks on El Paseo, located at Ocotillo and Sage, as well as Sage Lane and Lupine Lane.
 Reconstruct the raised crosswalk at Larkspur Lane to meet ADA compliance.  Replace three rectangular rapid flashing beacon (RRFB) systems located at the existing raised crosswalks and add two RRFB systems at the new locations.  Review material options for raised crosswalks, such as decorative asphalt or pavers.

Excluding material options, the proposed costs include:

Location Council Direction Cost
El Paseo (Ocotillo to Sage)  Construct new raised crosswalk  Install new RRFB system
$470,000
El Paseo (Sage Lane to Lupine Lane)  Construct new raised crosswalk  Install new RRFB system
$470,000
Larkspur Lane (El Paseo to Shadow Mountain Drive)  Replace RRFB system $240,000 El Paseo (San Pablo Avenue to Larkspur Lane)  Replace RRFB system $130,000 El Paseo (Larkspur Lane to San Luis Rey Avenue)  Replace RRFB system $130,000 Total: $1,440,000
521
City of Palm Desert
El Paseo Crosswalks

Page 2 of 3 ends

On March 27, 2024, staff met with the ATP Subcommittee to review and clarify City Council comments coming from the study session. In addition, the City Council requested the ATP Subcommittee to review more decorative crosswalk design options.

On October 2, 2024, staff met with the ATP Subcommittee to discuss design options. The ATP Subcommittee did not reach a decision and requested additional design alternatives for further consideration. As construction planning advances, the ATP Subcommittee has requested revisiting the material options based on knowledge gained during the review process.

Staff is requesting the City Council's guidance on the preferred type of crosswalk materials. The overall project, encompassing additional planned enhancements along El Paseo, is anticipated to be completed in the summer of 2025. Based on the recommendation, staff would discuss with the ATP Subcommittee to identify the materials, which would also guide decisions for any future raised crosswalks in the area.

Material Types and Costs
The ATP Subcommittee considered two material options for the raised crosswalks along El Paseo. Each material presents advantages and challenges affecting maintenance and alignment with the overall design vision for El Paseo.

Asphalt with Decorative Pattern
This option features asphalt enhanced with a decorative pattern, offering benefits such as reduced maintenance at the junctions of asphalt and concrete and ease of construction. Its durability makes it a cost-effective and practical choice in the short term, while the flexibility to update or redesign the decorative pattern provides adaptability for future enhancements.

However, each crosswalk is recommended to be repainted at least every five years based on best practices and its pavement maintenance schedule. In addition, each crosswalk should undergo power washing at least annually.

Pavers
This option provides a high-quality appearance and long-term durability, making it a visually appealing option for enhancing El Paseo's distinctive character. While pavers may have slightly higher upfront costs depending on the number of colors and pattern complexity, their installation on a mortar bed reduces maintenance needs related to wear and settling. Potential challenges include transitions between pavers and adjacent asphalt surfaces, where material differences could result in unevenness and additional maintenance requirements. Crosswalks using this material are typically evaluated for replacement every 20 to 30 years. In addition, each crosswalk should undergo power washing at least annually.

Lifecycle Costs
Over a 20-year period, the total costs of asphalt with a decorative pattern and pavers are comparable, with only minor differences. The primary distinction lies in the shorter lifecycle of asphalt with a decorative pattern, which necessitates resurfacing and repainting every five years, 522
City of Palm Desert
El Paseo Crosswalks

Page 3 of 3 ends

resulting in higher maintenance expenses. In contrast, pavers have a longer lifecycle exceeding 20 years and require less intensive annual maintenance. The recurring need for asphalt resurfacing and repainting results in total lifecycle costs comparable to those of pavers.

The following chart provides a detailed comparison of lifecycle costs for asphalt with a decorative pattern and pavers over a 20-year period. It is important to note that these costs are presented in current values and do not account for potential inflation or future cost increases.

Material Type Construction +
Materials
Short-Term
Maintenance
Medium-Term
Maintenance
Lifecycle
Cost
Annually (16 times) Every 5 Years (3 times) 20 Years
Asphalt w/Decorative Pattern $1,610,000 $6,000 x 16 $34,000 x 3 $1,808,000 Pavers * $1,615,000 $6,000 x 16 $12,000 x 3 $1,747,000
* Costs are based on a single color and subject to increase with the addition of multiple colors Legal Review:

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

FINANCIAL IMPACT:

The financial impact will depend on the materials chosen for the raised crosswalks. A total of $1,700,000 has been allocated for this purpose in the approved Fiscal Year 2024-25 Capital Improvement Project (CIP) List under Gas Tax Account No. 2114134-4400200, Measure A Account No. 2134311-4332000, and Capital Bond Account No. 4514679-5000102. Therefore, there is no fiscal impact to the General Fund with this action.

The table below outlines the total budget and expenses for the project:

Account Budget Construction
Estimated Cost
Balance
Gas Tax: 2114134-4400200 $450,000
Measure A: 2134311-4332000 $1,000,000
Capital Bond: 4514679-5000102 $250,000
Budget Total $1,700,000
Construction Costs – Options
Option A: Asphalt with Decorative Pattern $1,610,000 $90,000 Option B: Pavers $1,615,000 $85,000
ATTACHMENTS:

1. City Council Staff Report and Presentation (March 14, 2024)

2. ATP Subcommittee Presentation (March 24, 2024)

3. ATP Subcommittee Staff Report and Presentation (October 2, 2024)

4. Material Samples
523
524

Page 1 of 1 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: March 14, 2024
PREPARED BY: Bassam AL-Beitawi, Senior Project Manager
REQUEST: STUDY SESSION: TRAFFIC ASSESSMENT STUDIES OF EL PASEO

RAISED MID-BLOCK CROSSINGS AND UNIVERSITY DOG PARK

PARKING OPTIONS
RECOMMENDATION:

Receive and file an update on the El Paseo raised mid-block crossings and University Dog Park parking options.

BACKGROUND/ANALYSIS:

City staff has recently undertaken various requested traffic assessment studies, including on the El Paseo raised mid-block crossings and University Dog Park parking options. The purpose of this study session is to review the findings and recommendations of the assessment studies for City Council discussion.

Legal Review:

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

ATTACHMENT:

1. Presentation
525
El Paseo
Raised
Mid-block
Crossings
Study Session
March 14, 2024
526
Agenda
 Why Study Crosswalks?
 Existing Raised Crosswalks
 Recommendations (Existing)
 New Crosswalk Alternatives
 Recommendations (New)
 Cost Summary 527
Why Study Raised Crosswalks?
❑ Why study raised crosswalks on El Paseo?
❑ El Paseo merchants requested the City to install additional mid-block raised crosswalks on El Paseo (Highway 74 & San Pablo Avenue) ❑ What locations are apart of the study?
❑ 3 existing locations
❑ 3 new locations
528
❑ El Paseo (San Pablo Avenue & Larkspur Lane)
❑ El Paseo (Larkspur Lane & San Luis Rey Avenue)
❑ Larkspur Lane (El Paseo & Shadow Mountain Drive)
Rectangular
Rapid
Flashing
Beacons (RRFB)
Existing Raised Crosswalks
529
530
Recommendations:

Existing Raised Crosswalks
 Keep 3 existing raised crosswalks
 Replace the RRFB units at 3 locations
 Construct a sidewalk bulb-out
(Larkspur Lane)
531
Recommendations: Existing Raised Crosswalks
Location Recommendation Cost
El Paseo (San Pablo Avenue to Larkspur Lane) • Retain existing raised crosswalk • Replace RRFB system
$130,000
El Paseo (Larkspur Lane to San Luis Rey Avenue) • Retain existing raised crosswalk • Replace RRFB system
$130,000
Larkspur Lane (El Paseo & Shadow Mountain Drive) • Construct a raised sidewalk bulb-out on east side & west sides
• Replace RRFB system
$240,000
Total: $500,000 532
El Paseo
(Ocotillo Drive & Sage Lane)
El Paseo
(Sage Lane & Lupine Lane)
El Paseo
(Lupine Lane & San Pablo Avenue)
Raised Crosswalk
Alternatives Explored…
533
Collision Data
❑ No vehicle-pedestrian collisions observed at location Field Observations
❑ Existing segment length is ~800 feet
❑ Located near restaurants & jewelry shop
❑ Connects to 2 pedestrian-only passages leading
to parking areas behind stores
❑ No driveways along this segment
Business Outreach
❑ Generally supportive
Recommendation
❑ Construct raised pedestrian crossing & RRFB system
❑ Cost: $470,000 (asphalt only)
Raised Mid-block Crosswalks:

El Paseo (Ocotillo Drive & Sage Lane)
El Paseo
Ocotillo Drive
Sage Lane
534
Collision Data
❑ No vehicle-pedestrian observed collisions at location Field Observations
❑ Existing segment length is ~675 feet
❑ Located near retails stores & 2 jewelry shop
❑ Connects to 2 pedestrian-only passages leading
to parking areas behind stores
❑ No driveways along this segment
Business Outreach
❑ Generally supportive
Recommendation
❑ Construct raised pedestrian crossing & RRFB system
❑ Cost: $470,000 (asphalt only)
Raised Mid-block Crosswalks:

El Paseo (Sage Lane & Lupine Lane) Sage Lane
Lupine Lane
El Paseo
535
Collision Data
❑ No vehicle-pedestrian collisions observed at location Field Observations
❑ Existing segment length is ~510 feet
❑ Located near retails stores & coffee shop
❑ Connects shopping center into the interior
of the north side of block
❑ Terminates near existing driveway, which
creates potential for vehicle-pedestrian conflicts
Recommendation
❑ Not recommended
Raised Mid-block Crosswalks:

El Paseo (Lupine Lane & San Pablo Avenue) Lupine Lane
El Paseo
San Pablo Avenue
536
Location Recommendation Cost
El Paseo
(Ocotillo Drive to Sage Lane)
Construct raised crosswalk w/RRFBs $470,000
El Paseo
(Sage Lane to Lupine Lane)
Construct raised crosswalk w/RRFBs $470,000
Total: $940,000
Improvement Cost
New High Visibility “Ladder” Type Striping (per location) $27,000 Brick Pavers (per location & 1 color design) $32,000
New Decorative “Flower” Art Paint (per new location) $34,000 Interlocking Pavers (per location & multi-color design) + $35,000 Additional Costs (Pavement Enhancements):

Base Costs (Asphalt Only):

Recommendations:

New Raised Crosswalks
537
Interlocking Pavers
538
539
New or Existing
Location Location Asphalt Only
Ladder
Striping
Brick
Pavers
Decorative
Flower
Interlocking
Pavers
Existing El Paseo
(San Pablo Avenue to Larkspur Lane)
$130,000 $157,000 $162,000 $164,000 + $165,000
Existing El Paseo
(Larkspur Lane to San Luis Rey Avenue)
$130,000 $157,000 $162,000 $164,000 + $165,000
Existing Larkspur Lane
(El Paseo & Shadow Mountain Drive)
$240,000 $267,000 $272,000 $274,000 +$275,000
New El Paseo
(Ocotillo Drive to Sage Lane)
$470,000 $497,000 $502,000 $504,000 + $505,000
New El Paseo
(Sage Lane to Lupine Lane)
$470,000 $497,000 $502,000 $504,000 + $505,000
Total: $1,440,000 $1,575,000 $1,600,000 $1,610,000 + $1,615,000 540
Questions
541
542
El Paseo Mid-block Crosswalks:

Staff Takeaways
&
Revised Recommendations
ATP Subcommittee Meeting
March 27, 2024
543
❑ El Paseo (San Pablo Avenue & Larkspur Lane)
❑ El Paseo (Larkspur Lane & San Luis Rey Avenue)
❑ Larkspur Lane (El Paseo & Shadow Mountain Drive)
Rectangular
Rapid
Flashing
Beacons (RRFB)
Existing Mid-block Crosswalks
544
Existing Mid-block Crosswalks: Staff Takeaways
Location Proceed With Recommendations Cost
El Paseo (San Pablo Avenue to Larkspur Lane) • Retain existing raised crosswalk • Replace RRFB system
$130,000
El Paseo (Larkspur Lane to San Luis Rey Avenue) • Retain existing raised crosswalk • Replace RRFB system
$130,000
Larkspur Lane (El Paseo & Shadow Mountain Drive) • Construct a raised sidewalk bulb-out on east side & west sides
• Replace RRFB system
$240,000
Total: $500,000 545
Mid-block
Crosswalk Study
546
❑ El Paseo (Ocotillo Drive & Sage Lane)
❑ Construct raised pedestrian crossing
& RRFB system
❑ Cost: $470,000 (asphalt only)
❑ El Paseo (Sage Lane & Lupine Lane)
❑ Construct raised pedestrian crossing
& RRFB system
❑ Cost: $470,000 (asphalt only)
❑ El Paseo (Lupine Lane & San Pablo Avenue)
❑ Do not install
Crosswalk Evaluation
547
Post-Study Session
Further Consulted with
Engineering Staff
Developed additional recommendation
Pros & Cons of
Recommendations
Updated Cost Summary
#1: Asphalt / Decorative Flower (Raised)
#2: Stamped Concrete or Pavers (Raised)
#3: Stamped Concrete or Brick-in-mortar
(Flat Surface)
548
#1: Asphalt / Decorative
Flower (Raised)
Pros
Reduced maintenance at asphalt &
concrete junctions
Durability & constructability
Allows flexibility to re-design pattern
Cons
Maintenance of asphalt &
decorative flowers
549
#2: Stamped
Concrete or
Pavers (Raised)
ProsMaterials demonstrate long
-term durability
Most aesthetic / visually pleasing
ConsRequires additional maintenance (grinding & patching) Highest cost 550 #3: Stamped Concrete or
Brick-in-mortar (Flat Surface)
Pros
Materials demonstrate long-term durability
El Paseo & Ocotillo Drive in good condition
Reduced maintenance at asphalt & concrete junctions
Lowest cost
Cons
Does not reduce speed
Potential resistance from businesses
551
New or
Existing Location Location Asphalt / Decorative Flower (Raised) Stamped Concrete or
Pavers (Raised)
Stamped Concrete or
Brick-in-mortar
(Flat Surface)
Recommendation #1 Recommendation #2 Recommendation #3
Existing El Paseo (San Pablo Avenue to Larkspur Lane) $164,000 + $165,000 $100,000 Existing El Paseo (Larkspur Lane to San Luis Rey Avenue) $164,000 + $165,000 $100,000 Existing Larkspur Lane (El Paseo & Shadow Mountain Drive) $274,000 + $275,000 $100,000 New El Paseo (Ocotillo Drive to Sage Lane) $504,000 + $505,000 $230,000 New El Paseo (Sage Lane to Lupine Lane) $504,000 + $505,000 $230,000 Total: $1,610,000 + $1,615,000 $760,000
552
Questions
553
554

CITY OF PALM DESERT

INTEROFFICE MEMORANDUM
To: Active Transportation Subcommittee
From: Bassam AL-Beitawi, Senior Project Manager
Date: October 2, 2024
Subject: Raised Mid-Block Crosswalk Designs
The City currently maintains three raised mid-block crosswalks at the following locations:
• El Paseo (San Luis Rey Avenue and Larkspur Lane)
• El Paseo (Larkspur Lane and San Pablo Avenue)
• Larkspur Lane (El Paseo and Shadow Mountain Drive)
In addition, the City will be installing two raised mid-block crosswalks at the following locations:
• El Paseo (Sage Lane and Lupine Lane)
• El Paseo (Ocotillo Lane and Sage Lane)
Staff was directed to evaluate new crosswalk design options at these locations, with the selected design(s) to be incorporated into a larger street project planned for summer 2025.

Together with Kimley Horn (consultant), the City has developed several design concepts for further consideration. Staff will provide a presentation on the design concepts, followed by discussing the proposed next steps in the design process.

Attachment:

1. Raised Mid-Block Crosswalk Designs Presentation
555
Raised
Mid-Block
Crosswalk
Designs
Active Transportation Subcommittee
October 2, 2024
556
Locations
• Existing:
• El Paseo (San Luis Rey Avenue & Larkspur Lane)
• El Paseo (Larkspur Lane & San Pablo Avenue)
• Larkspur Lane (El Paseo & Shadow Mountain Drive)
• New:
• El Paseo (Sage Lane & Lupine Lane)
• El Paseo (Ocotillo Lane & Sage Lane)
557
Option 1
558
Option 2
559
Option 3
560
Option 4
561
Option 5
562
Option 6
563
564
Material Samples
Pavers Asphalt with Decorative Pattern
565
566

Page 1 of 3 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Eric Ceja, Director of Economic Development SUBJECT: RESOLUTION DECLARING INTENTION TO ESTABLISH THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2025-1
(SHADOW RIDGE PUBLIC SERVICES) AND SET A PUBLIC HEARING DATE FOR FEBRUARY 13, 2025
RECOMMENDATION:

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

THE CITY OF PALM DESERT TO ESTABLISH THE CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2025-1 (SHADOW RIDGE PUBLIC SERVICES), TO

AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND TAKING OTHER ACTIONS RELATED THERETO.”

2. Direct staff to record the Boundary Map by January 24, 2025.

3. Set a Public Hearing for February 13, 2025, to consider formation of Community Facilities District No. 2025-1, and calling for a special election pursuant to the Mello-Roos Community Facilities District Act of 1982.

BACKGROUND/ANALYSIS:

The Mello-Roos Community Facilities Act of 1982, as amended (Gov. Code § 53311 et seq.) (the “Act”) establishes funding mechanisms for cities to form a community facilities district (“CFD”) in order to pay for the provision of certain services. The levy of the annual special taxes on properties within the CFD is used to pay for ongoing municipal services associated with new residential development. As permitted by the Act, CFD No. 2025-1 may provide one or more of the following eligible services:
 Law enforcement services;
 Maintenance of parks, parkways and open space;
 Maintenance of streets and roadways;
 Flood and storm protection services; and
 Other eligible services permitted by the Act.

In order to form the City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services) (“CFD No. 2025-1”), the City must take a series of actions including adopting the Resolution of Intention to establish CFD No. 2025-1, which Resolution of Intention authorizes the recordation of CFD No. 2025-1 Boundary Map, and sets February 13, 2025, for a public hearing to consider formation of CFD No. 2025-1, and calling for a special election pursuant to the Act.

The owner(s) of certain property (the “Property”) have filed a petition (including waivers shortening the election noticing period) with the City Clerk’s Office to have the Property included 567
City of Palm Desert
Shadow Ridge CFD Resolution of Intention

Page 2 of 3 ends

within the boundaries of the proposed CFD No. 2025-1 for purposes of levying special taxes to finance the supplemental services associated with the new development. The Property will be subject to the special tax levy in accordance with the Rate and Method of Apportionment attached to the Resolution of Intention.

Legal Review:

This report was prepared by the City’s bond counsel, Nossaman, LLP.

Project Description:

On January 25, 2024, the City Council approved an amendment to Development Agreement 98- 1 (the “DA”), allowing the sale of 18+ acres to Toll Brothers for the development of a 93-home subdivision within the Marriott Shadow Ridge Golf Club. As part of this amendment, Toll Brothers is required to form a CFD over the property to offset certain public safety and service costs as identified in the February 17, 2023, letter attached to this report. Toll Brothers has received all entitlement approvals for this development and is in the process of recording their final map. The formation of the CFD over this property satisfies the conditions of the amended DA.

For facilities CFDs, it is often necessary to include different rates for different size homes. With facilities CFDs, the City is trying to max out the Effective Tax Rate (ETR) so that it does not exceed the maximum amount allowable, and also so that different types of units can expect similar tax rates as a percentage of home value. With services CFDs; however, the City is not anywhere near the ETR limit, so the aim is to charge each home based on its benefit from the services rather than based on its estimated sales price. This is why services CFDs tend to have less complicated tax formulas.

Next Steps for CFD Formation
Subject to and subsequent to tonight’s actions, the City Council will be asked to consider the following legislative steps:

At the February 13, 2025, Public Hearing, the Council will be asked to consider and take action on the following:
1) Adopt the Resolution of Formation. This resolution: (a) incorporates the Brookfield Holdings (Shadow) LLC Property in the initial boundaries of CFD No. 2025-1; and (b) identifies the types of public services financed under CFD No. 2025-1. 2) Adopt the Resolution Calling for the Election for CFD No. 2025-1. After adopting the above Resolution of Formation, the City Clerk will open the ballots and state the results of the special mailed-ballot election, in accordance with the Act and all applicable provisions of the Elections Code. The only voters in this election will be the property owner(s) of the subject Property.
3) Adopt the Resolution Declaring the Results of the Election for CFD No. 2025-1.

568
City of Palm Desert
Shadow Ridge CFD Resolution of Intention

Page 3 of 3 ends

Next, the City Clerk will confirm the results of elections. If the results of the election affirm the formation of CFD No. 2025-1 and the Resolution Declaring the Results of the Election is adopted, the City Council would then:
4) Introduce Reading of Ordinance Levying Special Tax within CFD No. 2025-1.

This Ordinance authorizes the levy of a special tax on the Property on the secured property tax roll of Riverside County that is within the boundaries of CFD No. 2025-1.

After the February 13, 2025 public hearing:
- Second Reading of Ordinance Levying Special Tax within CFD No. 2025-1. The Ordinance is published the day after the second reading and is effective thirty days after adoption.

FINANCIAL IMPACT:

There is no immediate fiscal impact as a result of these actions. The developers will cover the entire cost of forming CFD No. 2025-1, including staff time and consultant services. CFD No. 2025-1 will be fiscally self-sustaining. Ongoing administration fees will be paid by owners of properties included in CFD No. 2025-1 through the levy of annual special taxes. Properties within CFD No. 2025-1 are subject to the Annual Special Tax Requirement as described in the Rate and Method of Apportionment.

ATTACHMENTS:

1. Resolution - Intention to Establish Community Facilities District 2025-1 a. Exhibits to the Resolution
i. Exhibit A – Description of Services
ii. Exhibit B – Rate and Method of Apportionment
iii. Exhibit C – CFD Boundary Map

2. Petition / Unanimous Waiver Form

3. Letter dated February 17, 2023
569
570
63164324.v1

PETITION AND WAIVER
To Create a Community Facilities District and Related Matters To: City Council
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
This Petition and Waiver is to create a Community Facilities District and related matters under the Mello-Roos Community Services Act of 1982, set forth in California Government Code Section 53311 et seq. (the "Act").

1. Petitioner. This Petition and Waiver is submitted by the person/entity (whether one or more) identified below (the "Petitioner") as or for the owners of the parcel(s) of land identified in Exhibit B attached hereto and made a part hereof (the "Property"), which parcels of land are expected to be included within the boundaries of a Community Facilities District proposed to be established by the City of Palm Desert(the "City"). By submitting this Petition and Waiver, the persons signing below warrant to the City that they are authorized to execute it. The undersigned Petitioner warrants to the City that the Petitioner's ownership constitutes ownership of more than 10% of the Property.

2. Proceedings Requested. The Petitioner asks that the City Council, as the governing body of the City undertake proceedings under the Act to create a Community Facilities District to be designated "City of Palm Desert Community Facilities District 2025-1 (Maintenance and Services)" (the "CFD") and to levy special taxes in the CFD.

3. Purpose of CFD. The Petitioner asks that the CFD be created and the special taxes be levied to finance the costs of the Shadow Ridge Public Services identified on Exhibit A hereto (the "Services”).

4. Boundaries of CFD. The Petitioner asks that the territory to be included in the boundaries of the CFD consist of those shown on the map attached hereto as Exhibit C and made a part hereof.

5. Elections. The Petitioner asks that: (a) the special elections (the "Elections") to be held under the Act to: (i) authorize the levy of special tax and the issuance of the Bonds and (ii) to establish an appropriations limits of the CFD, (b) such special elections be consolidated into a single election and that the election be conducted by the City and its officials, using mailed or hand-delivered ballots and that (c) such ballots be opened and canvassed and the results certified 571
63164324.v1
at the same meeting of the City Council as the hearings on the CFD under the Act or as soon thereafter as possible.

6. Owner Representative. The Petitioner appoints _______________________ as the Petitioner's authorized representative for the purposes of receiving and executing ballots for the Elections.

7. Waivers and Consents. To expedite the completion of the proceedings for the CFD, the Petitioner expressly waives:
(a) all notice requirements relating to hearings and the Elections, whether by posting, publishing or mailing, and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to the provisions of Section 4101 of the California Elections Code; (b) any requirement to have the Elections conducted within the time periods specified in Section 53326 of the Act or in the California Elections Code; (c) all applicable waiting periods for the Elections;
(d) any requirements as to the form of the ballot for the Elections; (e) any requirement for the mailing of the ballot for the Elections in the event the ballots are distributed by personal service;
(f) the requirement for analysis and arguments relating to the Elections, as set forth in Section 53327 of the Act (and hereby consents to not having such materials provided to the landowner in the ballot packet);
(g) any requirement regarding identification envelopes for the return of ballots for the Elections contained in Government Code Section 53327.5; (h) all notice requirements relating to the special taxes as required by chapter 8.5 (consisting of Section 54930) of Part 1 of Division 2 of Title 5 of the Government Code; and (i) without limiting any of the foregoing, any and all claims based on any irregularity, error, mistake, or departure from the provisions of the Act or other laws of the State in connection with the proceedings for the creation of the CFD and the levy of special taxes in the CFD.

8. Notice to Future Purchaser(s). The Petitioner acknowledges and agrees that after the successful formation of the CFD, the Petitioner shall comply with Government Code Section 53341.5 regarding the Notice of Special Tax to the purchaser(s) of the Property, if applicable.

Matthew Caldwell
572

9. Counterparts. This Petition and Waiver may be signed in counterparts and shall be effective as to any Petitioner who signs it, regardless of whether it is signed for or by all of the owners.

By executing this Petition and Waiver, the Petitioner below agrees to all of the above.

Each of the undersigned declares under penalty of perjury under the laws of the State of California that such person is properly authorized to execute this Petition and Waiver and to bind the Petitioner thereby and the statements contained herein are true and correct.

This Petition and Waiver is dated as of _______________________, 2024.

The name of the owner of record is:
_______
a __ Limited Partnership
By: ______________________
Name:

Its:

By:

Name:

Its:

The address of the above owner for receiving
notices and ballots is:

NAME:

ADDRESS:

Accepted, Acknowledged and Agreed by Authorized Representative named in Section 6:

Name (Signature): _______________________________
Print Name:

Date:

December 10th
Authorized Signatory
Matthew Caldwell
Matthew Caldwell
Brookfield Holdings (Shadow) LLC
14648 N. Scottsdale Road Suite 290
Scottsdale, AZ 85254
Matthew Caldwell
12/10/2024
Matthew Caldwell Digitally signed by Matthew Caldwell
Date: 2024.12.10 11:27:47 -07'00'
573
63164324.v1

EXHIBIT A

DESCRIPTION OF SERVICES
The City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services) will finance, in whole or in part, those services authorized to be financed under the Mello-Roos Community Facilities Act of 1982, including but not limited to, police protection services, fire protection services, paramedic services, park maintenance, street maintenance, flood and storm protection services, and all related administrative costs and expenses. 574
63164324.v1

EXHIBIT B
The Property is Riverside County
Assessor's Parcel Numbers:
694-290-010
694-290-011
694-320-010
694-320-011
694-290-009 (portion)
694-320-008 (portion)
Acres
_____ acres
575
63164324.v1

EXHIBIT C

BOUNDARY MAP
(see attached)
576
63164214.v1
RESOLUTION NO. 2025-__

A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF

THE CITY OF PALM DESERT TO ESTABLISH THE CITY OF
PALM DESERT COMMUNITY FACILITIES DISTRICT NO.
2025-1 (SHADOW RIDGE PUBLIC SERVICES),TO

AUTHORIZE THE LEVY OF A SPECIAL TAX THEREIN, AND

TAKING OTHER ACTIONS RELATED THERETO
WHEREAS, the City Council (the “City Council”) of the City of Palm Desert (the “City”) has received a petition requesting the institution of proceedings for the formation of a community facilities district pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), for the purpose of financing certain public services described below, which are necessary to meet the increased demands placed upon the City as a result of the development of real property within the territory to be included in the community facilities district; and WHEREAS, in accordance with Section 53312.7 of the Act, on October 13, 2005 pursuant to Resolution No, 05-68, the City Council of the City adopted the City’s Goal’s and Policies for Community Facilities Districts (“Policy”); and WHEREAS, the Policy provides for the financing of services authorized to be financed under the Act on a case by case basis; and
WHEREAS, the City Council, having received a petition and waiver (“Petition”) from the owner(s) of not less than 10% of the area of land proposed to be included in a proposed community facilities district, now desires to proceed with the establishment of such community facilities district to finance the provision of certain public services pursuant to Section 53313 of the Act that are necessary to meet the increased demands for services placed upon the City as a result of development within the area, and to levy a special tax within the proposed community facilities district to finance such services, provided that the special tax levies are approved at an election to be held within the proposed community facilities district in accordance with the Act; and WHEREAS, the owner (the “Owner”) is the owner of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Council has determined that the Petition complies with the requirements of Sections 53318 and 53319 of the Government Code.

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

1. Recitals. The City Council finds and determines that all the foregoing recitals are true and correct and incorporated herein.
577
63164214.v1

2. Authority. The City Council proposes to conduct proceedings to establish a community facilities district pursuant to the Act.

3. Name of CFD. The name proposed for the community facilities district is "City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), County of Riverside, State of California" (the “CFD”).

4. Boundaries Described. The proposed boundaries of the CFD, as described in Exhibit C attached hereto and incorporated herein by reference, are hereby preliminary approved. A copy of the map is also on file with the City Clerk. The City Clerk is hereby directed to record, or cause to be recorded, the map of the boundaries of the CFD in the office of the Riverside County Recorder within 15 days of the date of adoption of this Resolution.

5. Services. The type of services proposed to be financed by the CFD pursuant to the Act shall consist of those listed in Exhibit A attached hereto and incorporated herein by reference (the “Services”). The City Council hereby determines that the Services are necessary to meet increased demands for such services placed upon the City as the result of development occurring within the area of the CFD. The Services are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant services already available within the territory of the CFD as of the date hereof.

6. Special Tax. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as the City Council shall determine, including direct billing of the affected property owners. The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are described in the Rate and Method of Apportionment of Special Tax attached hereto as Exhibit B and incorporated herein by this reference (the “Rate and Method of Apportionment”). The City Council hereby finds that the provisions of Section 53313.6, 53313.7 and 53313.9 of the Act (relating to adjustments to ad valorem property taxes and schools financed by a community facilities district) are inapplicable to the proposed CFD.

7. Exempt Property. Except as may otherwise be provided by law or by the Rate and Method of Apportionment of the Special Tax for the CFD, all lands owned by any public entity, including the United States, the State of California, the County and/or the City, or any departments or political subdivisions thereof, shall be omitted from the levy of the Special Tax to be made to cover the costs and expenses of the Services and the CFD. In the event that a portion of the property within the CFD shall become for any reason exempt, wholly or in part, from the levy of the Special Tax, the City Council will, on behalf of the CFD, increase the levy to the extent necessary upon the remaining property within the CFD which is not exempt in order to yield the annual expenses of the 578
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CFD, if any, subject to the provisions of the Rate and Method of Apportionment of the Special Tax and the Act.

8. Election and Unanimous Approval. The levy of the Special Tax in the CFD shall be subject to the approval of the qualified electors of the CFD at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in the proposed CFD, with each landowner having one vote for each acre or portion of an acre such owner owns in the CFD.

9. CFD Report. The City Manager (or deputy or designee thereof) is hereby directed to study the proposed Services and to make, or cause to be made, and file with the City Clerk a report in writing (the “CFD Report”), which shall be a part of the record of the public hearing hereinafter specified and which report shall present the following:
(a) A description of the Services that will be required to adequately meet the needs of the CFD.
(b) An estimate of the fair and reasonable cost of the Services and incidental expenses in connection therewith, and all other related costs.

10. Public Hearing. February 13, 2025, at 3:00 p.m. (which date is at least 30 days and not more than 60 days after the date of this Resolution), or as soon thereafter as possible in the City Council Chambers located at City Hall, 73-510 Fred Waring Drive, Palm Desert, California 92260, shall be the time and place when and where the City Council, as legislative body for the CFD, will conduct a public hearing on the establishment of the CFD and consider and finally determine whether the public interest, convenience and necessity require the formation of the CFD and the levy of the Special Tax.

11. Notice of Hearing. The City Clerk is hereby directed to cause notice of the public hearing to be given by publication one time in a newspaper published in the area of the proposed CFD. The publication shall be completed at least seven (7) days before the date of the public hearing specified above.

The City Clerk may also cause notice of the hearing to be given to each property owner within the CFD by first class mail, postage prepaid, to each such owner’s address as it appears on the most recent tax records of the County or as otherwise known to the City Clerk to be correct. Such mailing shall be completed not less than 15 days before the date of the public hearing.

The notice of the public hearing shall be substantially in the form specified in Section 53322 of the Act, with the form summarizing the provisions hereof hereby specifically approved.

At the above-mentioned time and place for public hearing any persons interested, including taxpayers, persons registered to vote within the CFD, and property owners, may appear and be heard. The testimony of all interested persons for or against the 579
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establishment of the CFD, the extent of the CFD, or the furnishing of the services will be heard and considered.

Any protests may be made orally or in writing. However, any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which the objection is made. All written protests shall be filed with the City Clerk on or before the time fixed for the public hearing. Written protests may be withdrawn in writing at any time before the conclusion of the public hearing.

If a written majority protest against the establishment of the CFD is filed (as determined in accordance with Section 53324 of the Act), the proceedings shall be abandoned. If such majority protest is limited to certain services or portions of the Special Tax, those services or that tax shall be eliminated by the City Council.

12. Work-in-Kind. The City may accept advances of funds or work-in-kind from any sources, including private persons or private entities, and is authorized and directed to use such funds for any authorized purpose, including any cost incurred in creating the CFD. The CFD may enter into an agreement to repay all of such funds as are not expended or committed for any authorized purpose at the time of the election on the levy of the Special Tax, if the proposal to levy such tax should fail, and to repay all of such funds advanced if the levy of the Special Tax shall be approved by the qualified electors of the CFD.

13. Further Action. The Mayor, City Manager, Finance Director, Community Development Director, City Attorney, City Clerk and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.

14. Effective Date. This resolution shall take effect upon its adoption.

PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 9th day of January, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

JAN C. HARNIK, MAYOR
ATTEST:
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ANTHONY MEJIA, MMC

CITY CLERK
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EXHIBIT A

CITY OF PALM DESERT
Community Facilities District No. 2025-1
(Shadow Ridge Public Services)

DESCRIPTION OF SERVICES
The services to be funded, in whole or in part, by the community facilities district (the "CFD" or “District”) include, but are not limited to: (i) police protection and related services of the City of Palm Desert required to sustain the public safety service delivery capability for emergency and non-emergency services including related facilities, equipment, vehicles, services, supplies and personnel; (ii) Fire protection and suppression services, and ambulance and paramedic services; (iii) maintenance and lighting of parks, parkways, streets, roads and open space; (iv) flood and storm protection services; and (v) other public services authorized to be funded under Section 53313 of the California Government Code.

The District may fund any of the following related to the services described in the preceding sentence: obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/ or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payment of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provision of services. It is expected that the services will be provided by the City, either with its own employees or by contract with third parties, or any combination thereof.

The services to be financed by the District are in addition to those provided in the territory of the District before the date of creation of the District, and will not supplant services already available within that territory when the District is created.

Administrative Expenses: The administrative expenses to be funded by the District include the direct and indirect expenses incurred by the City in carrying out its duties with respect to the District (including, but not limited to, the levy and collection of the special taxes) including the fees and expenses of attorneys, any fees of the County of Riverside related to the District or the collection of special taxes, an allocable share of the salaries of the City staff directly related thereto and a proportionate amount of the City's general administrative overhead related thereto, any amounts paid by the City from its general fund with respect to the District or the services authorized to be financed by the District, and expenses incurred by the City in undertaking action to foreclose on properties for which the payment of special taxes is delinquent, and all other costs and expenses of the City in any way related to the District.

Other: The incidental expenses that may be funded by the District include, in addition to the administrative expenses identified above, the payment or reimbursement to the City of all costs associated with the establishment and administration of the District. 582
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EXHIBIT B

CITY OF PALM DESERT
Community Facilities District No. 2025-1
(Shadow Ridge Public Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
For the City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), County of Riverside, State of California
The Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels within the City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), (“CFD 2025-1”), other than Assessor’s Parcels classified as Exempt Property as defined herein and collected each Fiscal Year commencing in Fiscal Year 2025-26, in an amount determined by the CFD Administrator through the application of the procedures described below. All the real property within CFD 2025-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means the following actual or reasonably estimated expenses related to the administration of CFD 2025-1: (i) the costs of determining the amount of the levy of the Special Tax, the collection of Special Taxes, including the expenses of collecting delinquencies and pursuing foreclosures; (ii) the payment of a proportional share of salaries and benefits of any City employee and City overhead whose duties are directly related to the administration of CFD 2025-1; (iii) fees and expenses for counsel, audits, costs associated with responding to public inquiries regarding CFD 2025-1; and (iv) any and all other costs incurred in connection with the administration of CFD 2025-1.
“Annual Escalation Factor” means two percent (2%).
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned assessor’s parcel number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by assessor’s parcel number.
“Base Year” means the first year that any Assessor’s Parcel of Taxable Property is classified as Developed Property.
“Building Permit” means a permit issued for new construction of a Residential Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or 583
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installation of retaining walls, grading, utility improvements, or other such improvements not intended for human habitation.
“Certificate of Occupancy” means a document issued by the City certifying that a newly constructed Residential Unit complies with all applicable codes and ordinances and that it is suitable and safe for occupancy.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Tax for CFD 2025-1.
“CFD 2025-1” means City of Palm Desert Community Facilities District No. 2025-1 (Shadow Ridge Public Services), County of Riverside, State of California established by the City Council under the Act.
“City” means the City of Palm Desert.
“City Council” means the Council of the City of Palm Desert, acting as the legislative body of CFD 2025-1.
“County” means the County of Riverside.
“Developed Property” means an Assessor’s Parcel of Taxable Residential Property for which a Certificate of Occupancy was issued on or before June 1 preceding the Fiscal Year for which the Special Tax is being levied.
“Exempt Property” means all Assessor’s Parcels within CFD 2025-1 that are exempt from the Special Tax pursuant to the Act or Section F herein.
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June

30. “Maximum Special Tax” means the maximum Special Tax determined in accordance with Section C, which may be levied in any Fiscal Year on an Assessor’s Parcel of Taxable Property. “Property Owner Association Property” means for each Fiscal Year any property within the boundaries of CFD 2025-1 that was owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to a property owner association, including any master or sub-association, as of June 1.
“Proportionately” means in a manner such that the ratio of the actual Special Tax levy to the Maximum Special Tax is equal for all Assessor’s Parcels of Developed Property. “Public Property” means any property that is owned by, dedicated or irrevocably dedicated to a city, the federal government, the State of California, the County, or any other public agency (each, a “Public Entity”); provided, however, that any such property is leased by such a Public Entity to a private entity and is thereby subject to taxation pursuant to Section 53340.1 of the Act, such leasehold estate shall be classified and taxed according to the use thereof. “Public Services” means those authorized services that may be funded by CFD 2025-1 pursuant to the Act, as amended including but not limited to police protection services, fire protection services, paramedic services, park maintenance, street maintenance and flood control. 584
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“Residential Property” means Assessor’s Parcels of Developed Property within CFD 2025-1 for which a Building Permit has been issued for purposes of constructing one or more Residential Unit(s).
“Residential Unit” means any residence in which a person or persons may live, which is not considered to be used for non-residential purposes.
“Special Tax” means the special tax authorized to be levied within CFD 2025-1 pursuant to the Act, to fund the Special Tax Requirement.
“Special Tax Requirement” means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Public Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish any operational reserve fund established for Public Services, (iv) pay incidental expenses related to the Public Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied (“Estimated Special Tax Delinquency Amount”) and (vi) fund the shortfall, if any, in the Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for such Fiscal Year where such shortfall resulted from delinquencies in the payment of the Special Tax in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for such Fiscal Year. “Taxable Property” means all Assessor’s Parcels that are not exempt from the Special Tax pursuant to the Act or Section F.
“Undeveloped Property” means an Assessor’s Parcel of Taxable Property which is not classified as Developed Property.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2025-26, using the definitions above, each Assessor’s Parcel within CFD 2025-1 shall be classified by the CFD Administrator as Taxable Property or Exempt Property. In addition, each such Fiscal Year, each Assessor’s Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property and subject to the levy of the Special Tax pursuant to Section C below.

C. SPECIAL TAX RATES

1. Developed Property
Each Fiscal Year commencing in Fiscal Year 2025-26, each Assessor’s Parcel of Developed Property shall be subject to the Special Tax.

The initial Maximum Special Tax for each Assessor’s Parcel of Developed Property in its Base Year shall be $2,200.

For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax rates shall be increased from the Maximum Special Tax rate in effect for the prior Fiscal Year by the Annual Escalation Factor.
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2. Undeveloped Property
Each Assessor’s Parcel classified as Undeveloped Property shall be exempt from the levy of the Special Tax.

3. Exempt Property
No Special Tax shall be levied on Exempt Property as defined in Section F.

For each Fiscal Year, if the use or ownership of an Assessor’s Parcel or Exempt Property changes so that such Assessor’s Parcel is no longer classified as one of the uses set forth in Section F, therefore making such Assessor’s Parcel no longer eligible to be classified as Exempt Property, such Assessor’s Parcel shall be deemed to be Taxable Property and shall be taxed pursuant to the provisions of Section C.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing in Fiscal Year 2025-26 and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD 2025-1 until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property within CFD 2025-1 up to 100% of the Maximum Special Tax to satisfy the Special Tax Requirement.

Notwithstanding any provision of this Section D to the contrary, under no circumstances will the Special Tax levied against any Assessor’s Parcel of Developed Property that is classified as Residential Property be increased by more than ten percent (10%) per Fiscal Year as a consequence of delinquency or default in the payment of the Special Tax by the owner of any other Assessor’s Parcel.

E. PREPAYMENT OF SPECIAL TAX
The Special Tax for an Assessor’s Parcel of Undeveloped Property that has been issued a Building Permit or for an Assessor’s Parcel of Developed Property may be prepaid. The prepayment amount shall be the lesser of (i) $66,000 or (ii) the Maximum Special Tax that will be in effect the following Fiscal Year times the number of Fiscal Years remaining in the 30-year period defined in Section I below.

F. EXEMPTIONS
The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, and (iv) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors.

G. APPEALS
Any property owner claiming that the amounts or application of the Special Tax is not correct may file a written notice of appeal with the CFD Administrator not later than twelve months after having paid the first installment of the Special Tax. The CFD Administrator shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the decision of the CFD 586
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Administrator requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s) to compensate for the overpayment of the Special Tax.

H. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the Special Tax may be billed and collected at a different time or in a different manner if necessary to meet the financial obligations of CFD 2025-

1. I. DURATION OF TAX
For each Residential Unit, the Special Tax shall be levied for a cumulative 30-year period to fund the Special Tax Requirement unless such tax is no longer required as determined by the City Council.

J. INTERPRETATION
The City may interpret, clarify, and revise this Rate and Method to correct any inconsistency, vagueness, or ambiguity, by resolution and/or ordinance, that does not create a material adverse effect on the levy and collection of the Special Tax.
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EXHIBIT C

CITY OF PALM DESERT
Community Facilities District No. 2025-1
(Shadow Ridge Public Services)

PROPOSED BOUNDARY MAP
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Nick Melloni, AICP, Principal Planner
SUBJECT: INTRODUCTION OF AN ORDINANCE TO AMEND SECTIONS OF TITLE 25 OF THE PALM DESERT MUNICIPAL CODE AND FINDING THE

ACTION EXEMPT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
RECOMMENDATION:

Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.60.080, 25.60.160, AND

25.78.020(C) OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING A FINDING

THAT THE ACTION IS EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
EXECUTIVE SUMMARY:

The proposed ordinance is a City-initiated zoning ordinance amendment intended to expand public notice and community engagement requirements for development projects. These changes include modifications to the following three sections of the Palm Desert Municipal Code (PDMC):

1. PDMC Section 25.60.060 Public Hearing and Public Notice. Proposed modifications include:

A. Increased Notification Radius to 500 feet - Increase minimum notification radius requirements for public notice for development projects from 300’ to 500’ for projects less than 5 acres. Existing notification radii of 1,000’ and 4,000’ for developments of 5-acres or greater, and hillside development applications, respectively, will be preserved.

B. Homeowner’s Association Notification - Requires mailed notices be provided to all homeowner’s associations within a project notification radius, in addition to property owners.

C. On-site Notice Posting - Requires sign postings for public hearings on project sites for all development applications.

D. Design Review Notice - Requires public notice for Design Review cases by the Architectural Review Commission, which are associated with an application requiring final approval by the Planning Commission and/or City Council.

2. PDMC Section 25.60.160 Community Engagement. The proposed modifications will expand the current requirements for community engagement plan to ensure discretionary projects address concerns and issues raised by interested residents. The proposed ordinance will now require one additional community engagement meeting early in the process for development applications with a recommendation that the first meeting be held not more than thirty (30) days prior to, and not later than twenty (20) days after, the date when the project application is submitted to the City. The second community meeting shall 593
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ZOA24-0004

Page 2 of 3 ends

take place within twenty (20) days after the date when the project is deemed or determined to be complete. The proposed modifications also outline requirements for the community engagement plan in more detail by establishing minimum standards for community meeting invitations. Additionally, developers will be required to submit community engagement reports which detail how projects have addressed concerns and issues raised by the community.

3. PDMC Section 25.78.020(C) Procedure for Hillside Development Plan application. – The proposed ordinance will expand notification requirements for Hillside Development Plans to include all Homeowner’s Associations in the City located south of Highway 111.

PLANNING COMMISSION RECOMMENDATION:

On December 17, 2024, the Planning Commission adopted Resolution No. 2887 recommending approval of the proposed zoning ordinance amendment. The Planning Commission recommended minor changes to the ordinance including the following:
 Requiring removal of the on-site sign posting after the conclusion of a project appeal period. This change has been made to Section 1, Subsection G.6.  Providing larger timeframes for applicants to conduct the first and second community engagement meetings. These changes have been made to to sections. The first is Section 2 subsection B.4.i, which requires the first meeting to occur between 30 days prior to the application submittal or 20 days after the application submittal. The second is Section 2 subsection B.4. ii, which requires the second meeting to occur within 30 days of the application being deemed complete.

BACKGROUND/ANALYSIS:

At the City Council meeting on October 10, 2024, then Mayor Pro Tem Harnik, seconded by Councilmember Nestande, requested City staff research options to increase the minimum public notification requirements for development projects.

On November 14, 2024, City staff presented a study session item to the City Council outlining a five recommended policy updates including:

1. Increasing Notification Radius to 500 feet - Increase minimum notification radius requirements for public notice for development projects from 300’ to 500’ for projects less than 5 acres. Existing notification radii of 1,000’ and 4,000’ for developments of 5-acres or greater, and hillside development applications, respectively, will be preserved.

2. Homeowner’s Association (HOA) Notification - Require mailed notices be provided to all homeowner’s associations within a project notification radius, in addition to property owners.

3. Pre-Application Neighborhood Meeting - Requires a mandatory neighborhood meeting prior to the submittal of an application for certain development entitlements including projects greater than 5-acres. This meeting will occur between a project applicant and surrounding neighbors. The applicant shall present an overview of the project to surrounding interested property owners and receive comments and feedback. The applicant will be required to provide a list of all input provided by neighbors, and how and why it was or was not incorporated into the application for project design. 594
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Page 3 of 3 ends

4. On-site Notice Posting - Requires sign postings for public hearings on project sites for all development applications.

5. Design Review Notice - Requires public notice for Design Review cases by the Architectural Review Commission proceeding to Planning Commission and/or City Council.

City Council provided input that the recommended policy changes should be implemented and directed staff to proceed with a Zoning Ordinance Amendment. Council Member Kelly, with consensus among all Council Members, suggested requiring the Hillside Development Plan notification to HOAs include all associations located south of Highway 111.

Public Input:

Public Notification
Public noticing was conducted for the January 9, 2025, City Council meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days before the hearing date on Friday, December 27, 2024, in The Desert Sun newspaper.

Copies of the proposed ordinance have been provided to the Desert Valley Builders Association for their input and comment.

Environmental Assessment/Environment Review:

Staff recommends that the Planning Commission of the City of Palm Desert finds that the adoption of the ordinance amendments have been analyzed for compliance with the California Environmental Quality Act (CEQA) pursuant to CEQA (Pub. Resources Code, § 21000 et seq.) (CEQA) and the state CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). It has been determined that the amendments do not meet the definition of a project because the amendments do not have the potential to cause either a direct physical change or a reasonably foreseeable indirect physical change in the environment. The proposed amendments are consistent with the General Plan’s goals of ensuring the quality of life for the community.

Because the ordinance amendments are not a project under CEQA, they are not subject to further environmental review.

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. Draft City Council Ordinance
a. Exhibit A – Draft Ordinance

2. Draft Ordinance Strikethrough

3. Public Hearing Notice
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596
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING SECTIONS 25.60.080, 25.60.160, AND

25.78.020(C) OF PALM DESERT MUNICIPAL CODE TITLE 25 AND MAKING

A FINDING THAT THE ACTION IS EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA).

CASE NOS. ZOA 24-0004
WHEREAS, the City of Palm Desert, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, Government Code Section 65800 et seq. provides for the amendment of any and all adopted City of Palm Desert (“City”) zoning laws, ordinances, rules and regulations; and
WHEREAS, the Zoning Ordinance Amendment (ZOA) is initiated by the Palm Desert Director of Community Development and modifies sections of the Palm Desert Municipal Code (PDMC) Title 25 (Zoning) to amend and expand requirements for public notice for public hearings and community engagement; and WHEREAS, the City has complied with the requirements of the Local Planning and Zoning Law (Government Code section 65100 et seq.), and the City’s applicable ordinances and resolutions with respect to approval of amendments to Title 25 of the Palm Desert Municipal Code (“Zoning Ordinance”); and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2024-035, in that the Director of Development Services has determined that the Project will not have a foreseeable significant impact on the environment and that the Project is eligible for an exemption exempt Section 15061(b)(3) General Rule of the CEQA Guidelines; therefore, no further environmental review is necessary at this time; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and
WHEREAS, on December 17, 2024, the Planning Commission of the City of Palm Desert, California held a duly noticed public hearing and considered the staff report, recommendations by staff, and public testimony concerning this proposed Ordinance.

Following the public hearing, the Planning Commission adopted Planning Commission 597
ORDINANCE NO. ______
2 Resolution No. 2887 to forward the Ordinance to the City Council with a recommendation in favor of its adoption; and
WHEREAS, on January 9, 2025, the City Council held a duly-noticed public hearing to consider the Ordinance, including: (1) the public testimony and agenda reports prepared in connection with the Ordinance, (2) the policy considerations discussed therein, and (3) the consideration and recommendation by the City’s Planning Commission; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.

NOW, THEREFORE, the City Council of the City of Palm Desert does ordain as follows:

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

SECTION 2. CEQA. The City Council finds that the adoption of this ordinance is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and concerns general policy and procedures.

SECTION 3. Amendment. The City Council of the City of Palm Desert recommends that the City Council of the City of Palm Desert, California, approve and adopt the Palm Desert Municipal Code amendments to Title 25 as shown in “Exhibit A”, which is attached hereto and incorporated herewith.

SECTION 4. Effective Date. This Ordinance takes effect 30 days after its adoption.

SECTION 5. Publication. The City Clerk is directed to certify to the adoption of this Ordinance and post or publish this Ordinance as required by law.

SECTION 6. Custodian of Records. The custodian of records for this Ordinance is the City Clerk and the records comprising the administrative record are located at 73-510 Fred Waring Drive, Palm Desert, CA.

SECTION 7. Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid by a court of competent jurisdiction, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.
598
ORDINANCE NO. ______
3 ADOPTED ON _____________________, 2025.

JAN C. HARNIK
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 _________, 2025, and adopted at a regular meeting of the City Council held on __________, 2025, 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 _____________, 2025.

ANTHONY J. MEJIA

CITY CLERK
599
ORDINANCE NO. ______
4 “EXHIBIT A”

ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.060 is hereby amended as follows:

25.60.060. Public Hearing and Public Notice.

A. Public hearing required. The following procedures shall govern the notice and public hearing, where required pursuant to this title. The designated approving authority shall hold a public hearing to consider all applications for a conditional use permit, variance, architectural review, precise plan, planned development, specific plan, zoning code and/or map amendment, pre-zoning, development agreement, and General Plan amendment considered by the Commission or Council.

B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing.

1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.

2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of real property, inclusive of any association governing a common interest development (as defined in Part 5 of Division 4 of the California Civil Code), within a radius of five hundred (500) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners, or the name of any association of a common interest development, as applicable, as shown upon the current tax assessor's records of Riverside County or the Official Records of Riverside County.

The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice in one newspaper of general circulation within the City.
a. Public notification for projects 5 acres or more shall be 1,000 feet for public notifications related to development projects and to ensure adequate Community Engagement efforts are achieved pursuant to requirements in Section 25.60.160.
600
ORDINANCE NO. ______
5 b. Public notification for Hillside Development Plans shall comply with Section 25.78.020(C) of this Title.
c. Hearings before the Architectural Review Commission for Design Review associated with an application requiring approval by the Planning Commission and/or City Council will be noticed in accordance with the requirements of this section.

3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner's authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools, or other essential facilities or services to the proposed project.

4. Notice of the public hearing shall be posted at City Hall.

5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.

6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

C. Notice of Zoning Administrator decision.

1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within five hundred (500) feet of the property. The notice shall include:
i. A brief statement explaining the criteria and standards considered relevant to the decision.
ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth.
iv. An explanation of appeal rights and appeal deadlines.

2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based on standards and criteria set forth within this code and shall be accompanied by brief, written findings, and a determination.

3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080.

D. Requests for notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the Department. The City may impose a reasonable fee for the purpose of recovering the cost of such 601
ORDINANCE NO. ______
6 notification.

E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter.

The approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain. If the hearing is not continued to a specific date/time, then the hearing shall be renoticed.

G. On-Site Public Notice Signs

1. Applicability. All projects requiring a public hearing before the Planning Commission and/or City Council shall be required to post one or more public notice signs on the property, which is the subject of the proposed development, in accordance with the requirements of this subsection.

2. Public Notice Sign Requirements.
a. The applicant shall post informational signs on the property that is the subject of the proposed development. The signs shall be unilluminated, four feet by four feet in size, and shall include a description of the proposed development, the date, time, and location of the public hearing, and the location where further information can be obtained.
b. The sign shall be placed in an area of the property most visible to the public, not more than five feet from the front property line in residential areas, and not more than three feet from the front property line in commercial and industrial areas. Placement of the sign shall not be permitted to cause traffic sight obstructions. c. For properties less than five acres in size, one sign per street frontage shall be posted on site.
d. For properties greater than five acres in size, one sign per five hundred feet of street frontage shall be posted on site. For properties that are unusually shaped or within a unique location, the planning director may determine the location for sign posting or require additional notice of the proposed project.
e. For projects that may change or intensify the existing use or zoning, the planning director may require supplemental or larger 602
ORDINANCE NO. ______
7 signs or both.

3. Sign Posting Acknowledgement. A completed Sign Posting Acknowledgment form prepared and signed and dated by the applicant or an authorized representative of the applicant, which shall contain photographic evidence of the installed signs, shall be submitted to the Development Services Department no later than ten calendar days prior to the scheduled public hearing. This document shall be mailed or dropped off or emailed to the assigned Project Planner.

4. Timing of Sign Installation.
a. Signs shall be installed no later than ten (10) days prior to the scheduled date of the public hearing.
b. Posted signs must remain visible on the property until the last decision-making action specified by the Development Services Department.

5. Maintenance.
a. The applicant and owner shall be responsible for maintaining the noticeboard such that it is readable during the period it is required to be in place. If the sign or structure is damaged, defaced or otherwise made illegible, the applicant/owner shall replace the sign in accordance with the standards of this subsection. The applicant shall pay the replacement cost of such board.

6. Removal
a. The applicant shall remove the sign(s) from the project site no later than 10 calendar days following the end of the appeal period for the project.
(Ord. 1259 § 1, 2013; Ord. 1279 § 10, 2015; Ord. 1303 § 6, 2016; Ord. 1375 § 2, 2022) SECTION 2. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.160 is hereby amended as follows:

25.60.160. Community Engagement.

A. Intent and purpose. It is the intent of this chapter that each project applicant prepare and submit to the City a "Community Engagement Plan" to implement requirements for public notice, community engagement, and public outreach. The intent is to present project information and engage in public outreach meetings early in the development review process of new projects and address concerns of the public prior to an action of the approving body. The Community 603
ORDINANCE NO. ______
8 Engagement Plan shall provide residents within the required notification radius with an opportunity to actively participate in the city’s development review procedures for discretionary projects to help shape the direction of the City’s development.

B. Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021-50)." Requirements related to community engagement for new projects are as follows:

1. Developers must prepare and submit a Community Engagement Plan to the Development Services Department at the same time a development application is submitted for any project that is located on a project site of five (5) acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Precise Plan, Tentative Map, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof. The Director of Development Services may require a Community Engagement Plan for any project when due to extraordinary or exceptional factors.

2. Comply with the public notification requirements of Section 25.60.060 of this Title.

3. The Community Engagement Plan must contain the following:
i. Developer's method(s) of communication with the public. Proposed location(s) of public outreach shall be provided;
ii. Samples of the written publications distributed to the public that include any informational items of the project. Written publications and invitations should comply with the following:
a) The written publication should include the date, time, and location of the scheduled community meeting.
b) The invitation to community meetings should include as much information about the project and request in the
application as possible to inform attendees of what is being proposed.
c) Community meetings should be located in the City of Palm Desert and as close to the subject property as is practical to minimize the distance that attendees need to travel to
participate.
d) Community meetings should be scheduled to avoid, to the extent feasible, any conflict with other publicly scheduled 604
ORDINANCE NO. ______
9 meetings.
e) Community meetings should be scheduled during nonbusiness hours and at reasonable times to allow attendees who work during the day an opportunity to attend.
f) Applicants may also, in addition to the in-person meeting, provide an option for participating by teleconference.

4. For any application that requires a Community Engagement Plan, the applicant shall host a minimum of two community meetings to provide information and receive feedback about the project. Follow-up meetings may be required by the Director of Development Services.
i. The first community meeting shall occur not more than thirty (30) days prior to, and not later than twenty (20) days after, the date when the project application is submitted to the City. To the extent practical, the first community meeting should occur prior to application submittal to the City.
ii. The second community meeting shall occur within thirty (30) days after the date when the project is deemed or determined to be complete.
iii. There shall be at least one (1) day between the required community meetings in sub-paragraphs (a) and (b), above.
iv. The Director of Development Services may approve alternative scheduling of the required community meetings as reasonably necessary.
v. The applicant is solely and exclusively responsible for holding the community meetings in accordance with this section. The community meetings shall not be considered a public hearing or meeting on the project.

5. The applicant shall prepare a Community Engagement Report summarizing the outcome of the community meetings required by this section, and submit the Community Engagement Report to the City prior to the first public hearing or other public meeting for the project held by the City. The Community Engagement Report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing. The Community Engagement Report shall include the following:
i. Dates, times, and locations of all meetings that attendees were invited to attend to discuss the project and the subject request. ii. The names and affiliation of those that attended that represent the applicant.
605
ORDINANCE NO. ______
10 iii. The names and department of staff that attended the meeting. iv. A sign-in sheet listing the names of the attendees that participated in the process.
v. The applicant shall provide any written comments and/or a written summary of any significant issues or concerns raised by attendees during the community engagement meetings.

6. The applicant shall coordinate with staff for the notification of community meetings with property owners, including any association for a common interest development, within 1,000 feet of the proposed project.

7. City Staff is to be present at the meeting to observe, collect information, and provide answers, as needed, related to the General Plan, and applicable codes and ordinances of the City.
i. The applicant shall coordinate the scheduling of all community meetings required under this section with the City's project planner and include City staff in all notices of meetings.

8. The entitlements will include a condition of approval on residential and/or owner- occupied projects, that the applicant will disclose, as part of any closing documents, the City's General Plan and Housing Element sites adjacent to the project.

SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.72.020(C) is hereby amended as follows:

25.78.020(C) Procedure for Hillside Development Plan application

1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Department.

2. Notice. All development of parcels within the Hillside Planned Residential Zoning District that do not meet the exception's requirement as described in Section 25.10.050 shall require notice of a public hearing not less than 10 days or more than 30 days prior to the date of the hearing by publication in the newspaper of general circulation in the city and mailing notices via United States Postal Service to parties whose name appear on the latest adopted tax rolls of Riverside County as owning property within 4,000 feet of the exterior boundaries of the property that is the subject of the hearing, and by notification to all homeowners associations within the city south of Highway 111.

3. The Commission shall hold a public hearing and make a recommendation to Council to approve the development plan if it finds the criteria set forth in this 606
ORDINANCE NO. ______
11 chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission to deny the development plan shall be final unless appealed to the Council. 607
608

Page 1 of 7 ends

“EXHIBIT A”

ZONING ORDINANCE AMENDMENT
SECTION 1. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.60.060 is hereby amended as follows:

25.60.060. Public Hearing and Public Notice.

1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.

2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of real property, inclusive of any association governing a common interest development (as defined in Part 5 of Division 4 of the California Civil Code), within a radius of 300 five hundred (500) feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners, or the name of any association of a common interest development, as applicable, as shown upon the current tax assessor's records of Riverside County or the Official Records of Riverside County.

The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice in one newspaper of general circulation within the City.
a. Public notification for projects 5 acres or more shall be 1,000 feet for public notifications related to development projects and to ensure adequate Community Engagement efforts are achieved pursuant to requirements in Section 25.60.160.
b. Public notification for Hillside Development Plans shall comply with Section 25.78.020(C) of this Title.
609

Page 2 of 7 ends

c. Hearings before the Architectural Review Commission for Design Review associated with an application requiring approval by the Planning Commission and/or City Council will be noticed in accordance with the requirements of this section.

4. Notice of the public hearing shall be posted at City Hall.

5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.

6. In addition to the notice required by this section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

C. Notice of Zoning Administrator decision.

1. Notice. The notice of decision shall be provided, in writing, to the applicant, interested parties, neighborhood associations within proximity of the subject site, and properties within 300 five hundred (500) feet of the property. The notice shall include:
i. A brief statement explaining the criteria and standards considered relevant to the decision.
ii. A statement of the standards and facts relied upon in rendering the decision. iii. Findings as listed for each entitlement or justification for the decision based on the criteria, standards, and facts set forth.
iv. An explanation of appeal rights and appeal deadlines.

2. Decision. The ZA may approve, approve with conditions, or deny the application. Decisions shall be based onstandards and criteria set forth within this code and shall be accompanied by brief, written findings and a determination.

3. Appeal. A ZA determination may be appealed to the Commission for a final determination according to Section 25.60.080.

E. Receipt of notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this title shall not constitute 610

Page 3 of 7 ends

grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

F. Hearing procedure. Hearings as provided for in this chapter shall be held at the date, time, and place for which notice has been given as required in this chapter.

G. On-Site Public Notice Signs

Page 4 of 7 ends

Development Services Department no later than ten calendar days prior to the scheduled public hearing. This document shall be mailed or dropped off or emailed to the assigned Project Planner.

25.60.160. Community Engagement.

A. Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted to comply with the Community Engagement Plan's intended purpose of requiring developers that each project applicant prepare and submit to the City a "Community Engagement Plan" to implement requirements for public notice, community engagement, and public outreach. The intent is to present project information and engage in public outreach meeting early in the entitlement development review process of new projects and address concerns of the public prior to an action of the approving body. The Community Engagement Plan shall provide residents within the required notification radius with an opportunity to actively participate in the city’s development review procedures for discretionary projects to help shape the direction of the City’s development. 612

Page 5 of 7 ends

1. Developers to must prepare and submit a Community Engagement Plan to the Planning/Land Development DivisionDevelopment Services Department at the same time a of entitlement development application is submitted for any project that is five (5) acres, or greater, and requires discretionary approval, including, but not limited to, any request for a discretionary approval of a Precise Plan, Tentative Map, Specific Plan, General Plan Amendment, Change of Zone, Development Agreement, Variance, or combination thereof.

The Director of Development Services may require a Community Engagement Plan for any project when due to extraordinary or exceptional factors.

2. Meet Comply with the public notification requirements of Section 25.60.060 of this Title.

3. The Community Engagement Plan must contain the following:
i. Developer's method(s) of communication with the public. Proposed location(s) of public outreach shall be provided;
ii. Submitted Samples of the written publications distributed to the public that includes any informational items of the project. Written publications and invitations should comply with the following:
a) The written publication should include the date, time, and location of the scheduled community meeting.
b) The invitation to community meetings should include as much information about the project and request in the
application as possible to inform attendees of what is being proposed.
c) Community meetings should be located in the City of Palm Desert and as close to the subject property as is practical to minimize the distance that attendees need to travel to
participate.
d) Community meetings should be scheduled to avoid, to the extent feasible, any conflict with other publicly scheduled meetings.
e) Community meetings should be scheduled during nonbusiness hours and at reasonable times to allow attendees who work during the day an opportunity to attend.
613

Page 6 of 7 ends

f) Applicants may also, in addition to the in-person meeting, provide an option for participating by teleconference.

4. For any application that requires a Community Engagement Plan, the applicant shall host Aa minimum of one two community meetings with the public to provide information and receive feedback about the project. Followup meetings may be required by the Director of Development Services. i. The first community meeting shall occur not more than thirty (30) days prior to, and not later than twenty (20) days after, the date when the project application is submitted to the City. To the extent practical, the first community meeting should occur prior to application submittal to the City.
ii. The second community meeting shall occur within thirty (30) days after the date when the project is deemed or determined to be complete.
iii. There shall be at least one (1) day between the required community meetings in sub-paragraphs (a) and (b), above.
iv. The Director of Development Services may approve alternative scheduling of the required community meetings as reasonably necessary.
v. The applicant is solely and exclusively responsible for holding the community meetings in accordance with this section. The community meetings shall not be considered a public hearing or meeting on the project.

5. The applicant shall prepare a Community Engagement Report summarizing the outcome of the community meetings required by this section, and submit the Community Engagement Report to the City prior to the first public hearing or other public meeting for the project held by the City. The Community Engagement Report will be included as an exhibit as a part of the agenda report that is published prior to the public hearing. The Community Engagement Report shall include the following:
i. Dates, times, and locations of all meetings that attendees were invited to attend to discuss the project and the subject request. ii. The names and affiliation of those that attended that represent the applicant.
iii. The names and department of staff that attended the meeting. iv. A sign-in sheet listing the names of the attendees that participated in the process.
v. The applicant shall provide any written comments and/or a written summary of any significant issues or concerns raised by attendees 614

Page 7 of 7 ends

during the community engagement meetings.

6. The developer to applicant shall coordinate with staff for the notification of community meetings with property owners, including any association for a common interest development, within 1,000 feet of the proposed project.

8. The entitlements will include a condition of approval on residential and/or owner- occupied projects, that the developer applicant will disclose, as part of any closing documents, the City's General Plan and Housing Elements sites adjacent to the project.

SECTION 3. Amendment to Palm Desert Municipal Code. Palm Desert Municipal Code Section 25.72.020(C) is hereby amended as follows:

25.78.020(C) Procedure for Hillside Development Plan application

1. Application. The owner, authorized agent, or the purchaser with the consent of the owner may submit an application for development plan approval to the Department.

3. The Commission shall hold a public hearing and make a recommendation to Council to approve the development plan if it finds the criteria set forth in this chapter have been satisfied subject to such conditions as it deems necessary. The Commission may deny the application if it finds the criteria are not being satisfied or that such application would be detrimental to the public peace, health, safety, or welfare. The decision of the Commission to deny the development plan shall be final unless appealed to the Council. 615
616

C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE
CASE NO. ZOA24-0004

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

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO CONSIDER FIRST READING

AND INTRODUCTION OF A ZONING ORDINANCE AMENDMENT TO MODIFY SECTIONS OF PALM DESERT MUNICIPAL CODE TITLE 25 PERTAINING TO PUBLIC HEARING AND PUBLIC

NOTICE REQUIREMENTS AND FINDING THE PROJECT IS EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
The City of Palm Desert (City), in its capacity as the Lead Agency for this project and pursuant to the California Environmental Quality Act (CEQA), has determined the project to be exempt from further environmental review pursuant to CEQA Guidelines Section §15061(b)(3).

PROJECT LOCATION: Citywide
PROJECT DESCRIPTION: The project is a Zoning Ordinance Amendment to amend Sections of Chapter 25.60, and other applicable Sections of Title 25 of the Palm Desert Municipal Code to expand requirements for public hearings and public notice within the City of Palm Desert.

Expanded requirements will include, but not limited to an increase of the radius of mailed public notices from 300 feet to 500 feet for projects less than five-acres, a requirement that public notices be posted on project sites, a requirement that notice be mailed to homeowner’s associations within the notification radius, a requirement that hillside development plans notify all homeowner’s associations located within the City south of Highway 111, and requirement for pre-application community meetings prior to formal application submittals for certain projects.

PLANNING COMMISSION RECOMMENDATION: The Planning Commission for the City of Palm Desert adopted Resolution No. 2887 recommending approval of the ZOA on December 17, 2024.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold the Public Hearing on Thursday, January 9, 2025. The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73510 Fred Waring Drive, Palm Desert, California.

Pursuant to Assembly Bill 2449, this meeting may be conducted as a hybrid meeting, allowing public access via teleconference or in person. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.palmdesert.gov/our-city/mayor-and-citycouncil-/city-council-meeting-information-center REVIEW OF PROJECT INFORMATION: Information concerning the proposed Zoning Ordinance Amendment 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: THE DESERT SUN ANTHONY J. MEJIA, MMC, CITY CLERK DECEMBER 20, 2024 CITY OF PALM DESERT, CALIFORNIA
617
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: January 9, 2025
PREPARED BY: Joe Barron, Senior Contracts and Grants Analyst Veronica Chavez, Director of Finance
SUBJECT: APPROVE OUTSIDE AGENCY FUNDING COMMITTEE
RECOMMENDATIONS FOR PROGRAM YEAR 2025-26 COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN
RECOMMENDATION:

1. Conduct a public hearing and accept public comment related to the Community Development Block Grant (“CDBG”) Program proposed, Annual Action Plan (Program Year (PY) 2025-26).

2. Approve Outside Agency Funding Committee (“Committee”) recommendations for PY 2025-26 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed.

3. Approve the use of the PY 2025-26 CDBG funding allocation awarded to the City of Palm Desert (“City”) by the U.S. Department of Housing and Urban Development (“HUD”) for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee.

4. Approve the City’s PY 2025-26 CDBG Annual Action Plan (“Annual Plan”) and authorize staff to submit to the County of Riverside.

5. Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith.

BACKGROUND/ANALYSIS:

The City of Palm Desert receives an annual entitlement in Community Development Block Grant (CDBG) Program funds from the U.S. Department of Housing and Urban Development (HUD).

The City has historically allocated its CDBG funds to nonprofit organizations that provide services to low and moderate-income households. In Fiscal Year (FY) 2025-26, the City expects to receive $365,000 in CDBG funds. If there is a variance in the final award, allocations will be adjusted proportionately.

The final award amount will be included in the FY 2025-26 Proposed Annual Budget. Of the awarded amount, federal requirements stipulate that funding for public services cannot exceed 15% ($54,750) and funding for program administration is limited to 20% ($73,000). There are no funding restrictions for public facilities and improvements.

To achieve significant cost savings in program management, the City Council approved the Joint Recipient Cooperative Agreement with the County of Riverside on June 8, 2023. This agreement designates the City as a Metro City participant, transferring responsibility for the general administration of grant funds and the submission of all required reports to HUD to the County. 619
City of Palm Desert
Approve PY2025-26 CDBG Award Recommendations and Action Plan

Page 2 of 3 ends

The County has informed its participants that applications for Program Year (PY) 2025-26 must be submitted to the County Board of Supervisors for approval in January. To meet this deadline, City staff initiated the application process on October 1, 2024, substantially earlier than in previous years, to facilitate a timely submission.

Information regarding the availability of CDBG Funding, as well as the application, was made available on the City's Procurement Portal, OpenGov, at the beginning of September 2024. Staff also conducted extensive outreach through all City social media avenues including Facebook, Instagram and the local newspaper Desert Sun. Staff also emailed and called all prior recipients and interested parties to ensure they were notified about the accelerated application for funding deadline.

As part of the application review process, selection teams were established for each funding program. The teams reviewed and scored all applicants in OpenGov based on the program guidelines and proposed funding request.

Funding recommendations made by the Committee are provided below and will be incorporated into the Annual Action Plan and a summary of grant applications, which includes an overview of applications.

Agency Activity Description Funding
Recommendation
Desert Recreation District Recreational Program Scholarships $8,000 Fair Housing Council of
Riverside County Fair Housing Program $30,000
Operation Safehouse Youth Homeless Transitional Living Program $16,750 Desert Arc Job/Educational Center’s Restroom
upgrades $0
The Joslyn Center Senior Center’s ADA Modifications $100,000 Palm Desert Housing
Authority Playground Replacement $117,750
The Ranch Recovery
Centers, Inc
Substance Use Treatment Facility
Improvements $19,500
City of Palm Desert CDBG Program Administration $73,000 GRAND TOTAL $365,000
As a condition for receiving CDBG funds, grant recipients must be consistent with the adopted Consolidated Plan (ConPlan) and must conduct a Conduct a Public Hearing to allow input from the public. City staff published a 30-Day Notice of Public Hearing in the Desert Sun on December 06, 2024, and a 10-Day Notice of Public Hearing December 30, 2024, in English and Spanish. 620
City of Palm Desert
Approve PY2025-26 CDBG Award Recommendations and Action Plan

Page 3 of 3 ends

If approved by the Council, City staff will forward the submission to the County for inclusion in their Annual Action Plan, which will then be submitted to HUD.

Legal Review:

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

FINANCIAL IMPACT:

Staff anticipates an award of $365,000 in CDBG Funds and will be included in the FY 2025-26 Proposed Budget in the appropriate Fund 220 CDBG Accounts. Up to 20% of the award may be allocated to administrative costs to manage the CDBG Program. This will be the first award year that the County administers the program on behalf of the City therefore the allocation will be shared at 70/30 split to support County and City administrative costs, respectively. Remaining funds will be allocated to the various program awardees. There is no impact to the General Fund with this action.

ATTACHMENTS:

1. Draft-CDBG Funding Recommendations and Action Plan

2. CDBG PY2025-26 Annual Action Plan Presentation

3. Outside Agency Committee Meeting Minutes
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Attachment A
CDBG Recommendations – Budget
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Category Project Name Program/Project Description Requested Amount
OA Committee
Approved
PY25-26
Council
Approved
Review Team Analysis
1 Desert Recreation
District Public Services Recreational Program Scholarships Provides scholarships for 20 Palm Desert
residents to attend a 9-week summer camp
that includes daily activities like field trips, arts,
sports, and music. Operated by Desert
Recreation Foundation.
25,200 8,000
Program supports youth centers at $140
per scholarship for PD residents. FY24-25
Award 5K. This project supports the
programs national objective by providing
services to low and moderate income
clientele
2 Fair Housing Council
of Riverside County Public Services Fair Housing Program Offers housing counseling services promoting
housing rights under Federal and California
State laws. Focused on education, training,
technical assistance, and enforcement to
support anti-discrimination efforts and
tenant/landlord counseling. Anticipate to
benefit 500 Palm Desert residents
46,000 30,000
Program is federally mandated FY23-24
Award $22K and 31K in FY24-25 This
project supports fair housing initiatives,
goal 4, page 86 of the ConPlan.
3 Operation Safehouse Public Services
Youth Homeless
Transitional Living
Program
Supports staffing for Harrison House, a
transitional living home for homeless young
adults aged 18-24, aiming to help them achieve
independence. Serves 10 young people. Clients
are non-Palm Desert residents as they are
unhoused individuals.
18,000 16,750
Program supports low/mod clientele
which supports national objective and
ConPlan. This project supports vital
Community and Homeless Services, goal 5,
page 86 of the ConPlan.
4 Desert Arc Public Facilities
& Improvements
Job/Educational
Center’s HVAC
Replacement
Proposed upgrades to ADA Men's restroom,
including new tile, plumbing, and water-saving
fixtures. The project aims to improve hygiene
and accessibility for clients with intellectual
and developmental disabilities. Anticipated to
directly benefit 180 individuals. 12% of Desert
Arc's clients and staff are Palm Desert
residents.
100,000 -
The restrooms are currently ADA
compliant and do not represent an urgent
priority at this time. Given the limited
availability of funds, staff recommends
prioritizing projects that address more
critical needs.
5 The Joslyn Center Public Facilities
& Improvements
Senior Center’s ADA
Modifications
Enhances lobby and entrance for ADA
compliance, including structural adjustments
to ramps, pathways, and signage. Aims to
provide barrier-free access for members using
mobility aids and upgrade accessible
technology for better service. Anticipate to
benefit 2,962 individuals of which 69% are Palm
Desert residents.
120,000 100,000
Programs at the Joslyn Center supports a
national objective and ConPlan. This
project supports Public and Community
Facilities Improvements, goal 2, page 85 of
the ConPlan.
6 Palm Desert Housing
Authority
Public Facilities
& Improvements
Playground
Replacement
Replaces a deteriorating playground at a multifamily apartment complex with 384 units serving extremely low- and low-income
households. Anticipate to benefit 500 Palm
Desert residents.
150,000 117,750
Housing Community supports low/mod
clientele which supports national objective
and ConPlan, goal 2: Public and
Community Facilities Improvements, page

85. 7
The Ranch Recovery
Centers, Inc
Public Facilities
& Improvements
Substance Use
Treatment Facility
Improvements
Funds requested for capital improvements at
three facilities, enhancing safety and the
treatment environment for patients. Helps
maintain a positive and safe atmosphere,
beneficial for patients' mental and emotional
well-being. Anticipate to benefit 572 individuals
of which 10% are Palm Desert Residents.
73,713 19,500
The programs at the Ranch Recovery align
with a national objective and the goals
outlined in the ConPlan. Additionally, the
staff supports critical health and safety
improvements, such as flooring
replacements, to enhance living conditions.

This project supports Vital Community and
Homeless Services, goal 5, page 86 of the
ConPlan.
8 City of Palm Desert Administration CDBG Program
Administration
Allocates 20% of new funds for administrative
costs to manage the CDBG Program. For PY
2025-26, 70% of funds go to the County of
Riverside, and 30% are retained by the City.
73,000 73,000 Allocation shared with County
$ 605,913 $ 365,000 TBD
Program Year 2025-26 CDBG Funding Recommendations
CDBG Allocation: $365,000

GRAND TOTAL
Applicant
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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
As a requirement of the U.S. Department of Housing and Urban Development, this document represents the Program Year 2025 Annual Action Plan. The City of Palm Desert (City) has been allocated funds from the Community Development Block Grant (CDBG) .

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The Annual Action Plan is intended to fund high-priority community needs identified during the annual Citizen Participation Plan process while concurrently aligning with the goals of the previously approved Program Year 2023-2028 Consolidated Plan.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

A performance evaluation is annually assessed through HUD’s review of the Consolidated Annual Performance and Evaluation Report (CAPER). This document states the objectives and outcomes identified in each Annual Action Plan and includes an evaluation of past performance through measurable goals and objectives relative to actual performance. Prior documents can be found at the Palm Desert City Hall.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.
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The City held a public comment period from November 25, 2024- January 9, 2025. On January 9, 2025, the City Council held a public hearing to provide residents an additional opportunity to review and comment on programming of CDBG funds.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

TBD

6. Summary of comments or views not accepted and the reasons for not accepting them TBD

7. Summary
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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency
Table 1 – Responsible Agencies
Narrative (optional)
Consolidated Plan Public Contact Information
Joe Barron
Senior Contracts and Grants Analyst City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6491 | www.palmdesert.gov 627
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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City followed its HUD-approved Citizen Participation Plan to consult with the public, nonprofit organizations, governmental agencies, and other stakeholders to prepare the Annual Action Plan as required by 24 CRF 91.100
Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City conducted outreach and issued public notices regarding the application process for PY25 subrecipient awards.

On January 9, 2025, the City Council will hold a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The City is actively involved in multiple activities to address the needs of homeless persons, which include coordination with the Continuum of Care. For example, the City is involved in regional coordination efforts between stakeholders throughout the Coachella Valley and Riverside County.

The City has historically funded homelessness services coordinated regionally through the Coachella Valley Association of Governments (CVAG) outside of the CDBG program. For years, the City contributed funds to CVAG for the operation of Roy’s Desert Resource Center, which permanently closed in July 2017. Since then, CVAG has allocated its regional financial commitments for other homelessness services. In recent years, the City made a financial commitment in the amount of $100,000 to CVAG to continue their Housing First program that focused on providing housing and services to the regions chronically homeless individuals.

The City in September of 2023 entered into an agreement with Kingdom Causes Inc., DBA, City Net a non-profit. City Net provides two full time street outreach workers, case management, housing 628
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resources, vital documentation, and linkage to substance and alcohol abuse treatment facilities.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City does not receive Emergency Solutions Grant (ESG) funds.

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
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Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Fair Housing Council of Riverside County, Inc., Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide
public services (fair housing).
2 Agency/Group/Organization Cove Communities Senior Association dba The Joslyn Center
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide
public services (elderly persons).
3 Agency/Group/Organization Desert Recreation District
Agency/Group/Organization Type Services-Children
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide
public services (youth persons).
4 Agency/Group/Organization OPERATION SAFE HOUSE, INC.

Agency/Group/Organization Type Services-Children
Services-homeless
What section of the Plan was addressed by Consultation? Homelessness Needs - Unaccompanied youth Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to provide
public services (youth homeless persons).
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5 Agency/Group/Organization DESERT ARC
Agency/Group/Organization Type Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to improve
public facilities (serving people with disabilities).
6 Agency/Group/Organization The Ranch Recovery Centers, Inc.

Agency/Group/Organization Type Services-Persons with Disabilities Services-Health
What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Anti-poverty Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The agency applied for CDBG funds to improve
public facilities (serving people with addictions).

Identify any Agency Types not consulted and provide rationale for not consulting The City attempts to keep a comprehensive list of stakeholders potentially eligible to receive CDBG funds for activities consistent with the Consolidated Plan goals. As some stakeholders undergo staffing changes, on occasion City staff is unaware of such changes throughout the program year. As a result, some stakeholders may not realize the City is attempting to consult with their organizations during the Annual Action Plan process. To mitigate this concern, City staff updates its contact list annually to ensure proper channels of communication with stakeholders 631
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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of Care Housing Services Authority
Both address issues pertaining to homelessness and special needs housing.

Housing Element City of Palm Desert Both include the goal of fostering affordable housing.

Table 3 – Other local / regional / federal planning efforts Narrative (optional)
The City encouraged cooperation and coordination through the Citizen's Participation Plan process. The City followed the process as outlined in the Executive Summary Citizen's Participation Plan Section. In addition, the City is a member of the Coachella Valley Association of Governments (CVAG) Homeless Committee that consists of Mayors or Councilmember's of each of the nine (9) Coachella Valley communities as well as the County of Riverside, and a representative from Supervisor V. Manuel Perez's office, and Ex-officials who are representatives from organizations that serve homeless and similar client base. In addition, three of the Ex -officials are also representatives of the CoC's Eastern Region Committee that reports to the CoC BOG. Through this committee and the CoC, the City is able to work with other local government agencies and service providers to address issues on a local and regional (Coachella Valley) basis and obtain input and insight into community needs that are included within the Consolidated Plan.
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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City conducted outreach and issued public notices regarding the application process for subrecipient awards.

The City's Outside Agency Funding Committee recommended CDBG budget recommendations, which are incorporated into the Annual Action Plan. The City held a 30-day public comment period from November 25, 2024 - January 9, 2024 On January 9, 2024, the City Council will hold a public hearing to provide residents an additional opportunity review and comment regarding CDBG funding recommendations. The City Council approved the submission of the Annual Action Plan.

Citizen Participation Outreach
Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
1 Public Meeting
Nontargeted/broad
community

TBD TBD TBD
2 Newspaper Ad Minorities TBD TBD TBD
3 Newspaper Ad
Nontargeted/broad
community

TBD TBD TBD
4 Newspaper Ad Minorities TBD TBD TBD
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Sort Order Mode of Outreach Target of Outreach Summary of response/attendance
Summary of
comments received
Summary of comments
not accepted
and reasons
URL (If
applicable)
5 Newspaper Ad
Nontargeted/broad
community

TBD TBD TBD
Table 4 – Citizen Participation Outreach
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Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and Planning
Economic
Development
Housing
Public Improvements
Public Services 365,000.00 0.00 0.00 365,000.00 0.00
The annual allocation is an
estimate based on recent
allocations.
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Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
HOME public -
federal
Acquisition
Homebuyer
assistance
Homeowner rehab
Multifamily rental
new construction
Multifamily rental
rehab
New construction for
ownership
TBRA 0.00 0.00 0.00 0.00 0.00

Table 5 - Expected Resources – Priority Table
Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The above sources of funding have been identified as available funds to be leveraged with, where and when possible, nonprofit organizations and other entities awarded CDBG funds to provide assistance to meet the goals and objectives as outlined within the City's Five-Year Consolidated Plan and One-Year Annual Action Plan. Funded organizations will also utilize awarded funds to leverage, where and when possible, dollars available through the organization as well as other grant awards and/or donations to undertake programs/projects that may not otherwise be possible. Organizations have more flexibility to utilize funding more efficiently and effectively to provide needed support services to clients.
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If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan NA in Palm Desert
Discussion
The City will continue to allocate CDBG funding and other sources of funding when and where available to meet the needs of qualifying individuals as designated by HUD. Programs and projects will be targeted that address goals and objectives identified within the Annual Action Plan and Consolidated Plan. In addition, the funds will be targeted so as to provide the maximize benefit to those in need. 637
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Annual Goals and Objectives
AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
1 Support Public and
Community
Facilities
Improvemen
2023 2028 Non-Housing
Community
Development
Affordable Senior
Housing (Increase)
Increase Senior
Services and
Programming
Increase
Affordable
Housing
Reduce vacancies
in the City
CDBG:
$237,250.00
Public Facility or Infrastructure
Activities other than
Low/Moderate Income Housing
Benefit: 1050 Persons Assisted
2 Support Fair
Housing Initiatives
2023 2028 Affordable Senior
Housing (Increase)
Increase
Affordable
Housing
Reduce vacancies
in the City
CDBG:
$30,000.00
Public service activities other
than Low/Moderate Income
Housing Benefit: 750 Persons
Assisted
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Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs Addressed Funding Goal Outcome Indicator
3 Fund Vital
Community and
Homeless Services
2023 2028 Homeless Increase
Affordable
Housing
CDBG:
$24,750.00
Public service activities other
than Low/Moderate Income
Housing Benefit: 50 Persons
Assisted
Homeless Person Overnight
Shelter: 15 Persons Assisted
Table 6 – Goals Summary
Goal Descriptions
1 Goal Name Support Public and Community Facilities Improvements Goal Description
2 Goal Name Support Fair Housing Initiatives
Goal Description
3 Goal Name Fund Vital Community and Homeless Services
Goal Description
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Projects
AP-35 Projects – 91.220(d)
Introduction
The Annual Action Plan identifies funding the following activities:

Public Services 15%
Public Facilities and Improvements 65%
Program Administration 20%
Projects
# Project Name
Table 7 - Project Information
Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Allocations priorities are decided based on the Funding Committee’s votes for each application received and the application's consistency with the Consolidated Plan. 640
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AP-38 Project Summary
Project Summary Information
Project Name Target Area Goals Supported Needs Addressed Funding Description Target Date Estim and t
that
from
activ
<TYPE=[pivot_table] REPORT_GUID=[54A4ED67473EDAEE248792836A1D83B0]> 641
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AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City of Palm Desert is located in Riverside County; particularly, the Coachella Valley. Historically, the City has not had any low- and moderate-income census tracts; however, the City now has two eligible census tracts as of recently (ACS data). CDBG funds will be used for low- and moderate-income clientele (or presumed benefit).

Geographic Distribution
Target Area Percentage of Funds
Citywide 100
Table 8 - Geographic Distribution
Rationale for the priorities for allocating investments geographically The City has not historically funded CDBG activities based upon geographic areas since there have not been eligible low and moderate-income census tracts; however, HUD recently revised the census criteria used to determine eligibility. As a result, the City now has two CDBG-eligible census tracts. City staff is currently exploring the possibility of a Section 108 Loan for City Council’s consideration in subsequent program years.

Discussion
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 0
Special-Needs 0
Total 0
Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 0
Acquisition of Existing Units 0
Total 0
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
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AP-60 Public Housing – 91.220(h)
Introduction
The City does not own nor operate public housing but is providing funding for the Palm Desert Housing Authority this year.

Actions planned during the next year to address the needs to public housing The Funding Committee approved funding for the Palm Desert Housing Authority's request for Facility Improvements for their playgrounds.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not Applicable. The City does not own nor operate public housing.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not Applicable. The City does not own nor operate public housing.

Discussion
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The City will continue to work with nonprofit organizations, government agencies, and other stakeholders to fund activities that help prevent and reduce homelessness.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The County of Riverside CoC has established chronically homeless persons as the highest need priority based on the goals HUD has established in its Opening Doors Federal and Strategic Plan to Prevent and End Homelessness. The CoC has implemented a Coordinated Entry System (CES) to ensure appropriate intervention is utilized to serve those who are homeless and providing for a prioritization of vulnerability and linkage to community resources and housing based on the vulnerability prioritization. Within the CoC, there are several outreach teams from County, cities, and nonprofit homeless providers that cover specific populations or geographic regions in the County. There is also specific outreach teams serving the mentally ill, veterans, youth and chronic homeless. The Behavioral Health Systems Department has outreach peer specialists that perform initial field assessments, in depth assessments, referrals to all contacts, linkage to various community organizations.

Addressing the emergency shelter and transitional housing needs of homeless persons The Housing First approach adopted by the County and CoC requires that homeless are helped into permanent housing or rapid re-housing as soon as possible. Transitional housing beds have begun to decrease countywide and permanent housing is increasing because of reallocations made in the HUD CoC Program Consolidated Application and the CoC’s success in obtaining new funding for permanent supportive housing. Both transitional housing and emergency shelters focus on lessening the time that a homeless person or family’s length of time homeless (LOTH) in the shelter by effective and quick assessment of homeless clients and getting them stabilized into permanent housing with intensive case management initially and support in the initial phase of residency in permanent housing. This period will serve as a time to address the other needs to maintain self-sufficiency either by accessing mainstream benefits, employment or medical or mental health support.

The CoC collaborates with the City and other stakeholders to integrate CoC programs, Emergency Solutions Grant (ESG), Social Services to Veteran Families (SSVF), and CDBG funding to increase the number of persons with rapid re-housing assistance. Also, other non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under Federal Emergency Management Agency (FEMA) will be matched as a source for rental / mortgage assistance for families that are 645
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homeless or at-risk of homelessness in the County’s strategy to meet this goal.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The CoC implemented a Coordinated Entry System (CES) to assess homeless persons using the VI-SPDAT that tracks the length of time a client has been on the streets or in an emergency shelter. DPSS uses HUD’s CoC Program planning grant funding to measure system-wide performance in HMIS, such as length of time homeless. This is used to help the CoC prioritize and house those with longest length of time homeless. The planning process also included working with the CoC Standards and Evaluation Committee to continue developing strategies to prioritize persons with longest time homeless and most severe needs, including:

The CoC has also adopted a Housing First approach that is evidenced-based and endorsed by HUD to place a homeless person in permanent housing and provide supportive services intended to keep them stably housed.

Homeless CoC youth providers have implemented outreach and service-based events in the communities to draw homeless youth, unaccompanied and transitional age into contact with services available to them. The Operation SafeHouse is the only CoC youth provider that has opened a permanent supportive housing program called the Harrison House, which is for transitional age youth, in the eastern desert region of Riverside County.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The CoC Discharge Policy is mandated by the State and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations, to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning 646
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Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals. The Riverside County University Health System – Behavioral Health, collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Foster Care and extended foster care programs help transition dependent youth who are emancipating from foster care to independent living. The Department of Public Social Services, Riverside Sheriff’s, and Probation Department support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self-sufficiency.

Discussion
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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City does not plan to undertake any activities this program year using CDBG funds to remove barriers to affordable housing.

Discussion:
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AP-85 Other Actions – 91.220(k)
Introduction:

The City will continue to work with various stakeholders to meet the needs of its residents that remain in-need of CDBG-eligible activities consistent with Consolidated Plan goals.

Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations that are established to provide direct services to those in need. The City is not equipped to provide direct services; therefore, funding organizations that do is essential to our success in addressing the identified goals and objectives. The City will continue to partner with service providers to address obstacles and address barriers that exist. In addition, the City works with the County of Riverside, the CoC, local agencies, nonprofits, etc. to address various aspects related to CoC programs and activities, as well as obstacles that face the underserved in general.

However, the CoC addresses issues relative to homelessness, mental and physical illnesses, domestic violence, etc. and has a wide range of members where collaboration in other areas is an option. Through these working relationships, obstacles such as lack of communication between agencies, improved services, limited resources, tracking and monitoring, and other needed resources are obtained, gaps in services are better identified, and there is a more cohesive approach to identifying and resolving issues.

Actions planned to foster and maintain affordable housing The City and the Palm Desert Housing Authority will continue to maintain the existing affordable housing stock through the funding sources identified previously; however, as noted with the elimination of redevelopment agencies, there is no longer what is considered “20% Set Aside Funds”. Therefore, maintaining existing properties and programs will be the primary focus, provided funding is available, for some time to come. However, new projects and programs will be planned and implemented where and when possible.

Actions planned to reduce lead-based paint hazards
The City’s Building & Safety and Housing departments distribute informational pamphlets on Lead Based Paint Hazards and refer all calls to the County of Riverside Environmental Health Department. The City addresses this issue on a case-by-case basis through multiple steps.

Actions planned to reduce the number of poverty-level families The City is continuing to team up with service providers to provide assistance for poverty level families, including funding food and services options during the Program Year. In addition, the City will seek out additional partnerships for programs that encourage self-sufficiency including employment and training, 649
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housing options, and safety net programs.

Actions planned to develop institutional structure
The City will continue to work with outside agencies to maintain and develop relationships, including with nonprofit organizations, private businesses, the CoC, and nonprofit organizations in the region.

Actions planned to enhance coordination between public and private housing and social service agencies
The City will continue to work with various County departments, agencies, and nonprofit organizations to identify and carry out goals and objectives of the CDBG Program, and to create a more cooperative working relationship with all interested parties. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard. In addition, City staff regularly attends CoC meetings that involve multiple organizations and various County Departments as well as other local jurisdictions wherein discussions are held on homelessness as well as supportive services to other at-risk groups of individuals and families.

Discussion:
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0
Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 0.00% 651
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HOME Investment Partnership Program (HOME)
Reference 24 CFR 91.220(l)(2)

1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows:

2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows:

3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows:

4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows:

5. If applicable to a planned HOME TBRA activity, a description of the preference for persons with special needs or disabilities. (See 24 CFR 92.209(c)(2)(i) and CFR 91.220(l)(2)(vii)).

6. If applicable to a planned HOME TBRA activity, a description of how the preference for a specific category of individuals with disabilities (e.g. persons with HIV/AIDS or chronic mental illness) will narrow the gap in benefits and the preference is needed to narrow the gap in benefits and services received by such persons. (See 24 CFR 92.209(c)(2)(ii) and 91.220(l)(2)(vii)).

7. If applicable, a description of any preference or limitation for rental housing projects. (See 24 CFR

92.253(d)(3) and CFR 91.220(l)(2)(vii)). Note: Preferences cannot be administered in a manner that limits the opportunities of persons on any basis prohibited by the laws listed under 24 CFR 5.105(a).

NA
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FY2025-26 Community Development Block Grant Program (CDBG) Annual Action Plan
January 9, 2025
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COMMUNITY

DEVELOPMENT

BLOCK GRANT
(CDBG)

OVERVIEW
The City of Palm Desert receives an annual allocation of fundsfrom the U.S. Department of Housing and Urban
Development (HUD).

CDBG Funds are Intended for the Purposes of:
• Providing Decent Housing
• Creating a Suitable Living Environment
• Expanding Economic Opportunities
National Objectives Requirements:
• Benefit Persons who are Low-Mod Income
• Eliminate Blight
• Address Urgent Threat to Health & Safety
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Recommended
Action Plan for
Program Year
2024/2025
Fiscal Year 2024-2025
Community Development Block Grant (CDBG) Program
Funding Recommendations: $ 365,000
Agency Activity Description Funding
Request Recommendation
Public Services (15%)
1 Desert Recreation District Recreational Program Support $ 25,200 $ 8,000 2 Fair Housing Council of Riverside County Federally mandated fair housing activities $ 46,000 $ 30,000
3 Operation SafeHouse Youth Homeless Transitional
Living Program $ 18,000 $ 16,750
$ 89,200 $ 54,750
Public Facilities and Improvements (No Cap)
4 Desert Arc ADA Men's Restroom Remodel $100,000 $ -
5 The Joslyn Center Senior Center ADA Facility
Improvements $120,000 $100,000
6 Palm Desert Housing Authority
Low/Mod Income Housing
Community Playground
replacement/Improvements
$150,000 $117,750
7 The Ranch Recovery Substance Use Treatment Facility
Capital Improvements $ 73,713 $ 19,500
$443,713 $237,250
Program Administration (20% Cap)
11 Grant Administration Overall grant management $ 73,000 $ 73,000 $ 73,000 $ 73,000
$605,913 $365,000 657
Staff
Recommendations

1. Conduct a public hearing and accept public comment related to the FY 2024-24 Community Development Block Grant (“CDBG”) Program Action Plan

2. Approve Outside Agency Funding Committee (“Committee”) recommendationsfor FY 2025-26 CDBG award of subrecipients, Programs and/or Projects and funding amounts as proposed.

3. Approve the use of the FY 2025-26 CDBG funding allocation awarded to the City of Palm Desert (“City”) by the U.S. Department of Housing and Urban Development (“HUD”) for the proposed funding of subrecipient’s Programs and/or Projects recommended by the Committee.

4. Approve the City’s FY 2025-26 CDBG Annual Action Plan (“Annual Plan”) and authorized staff to submit to HUD.

5. Authorized the City Manager or designee to execute any documents necessary to effectuate the actionstaken here with.
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Questions
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Palm Desert City CouncilJanuary 9, 2025

Palm Desert City Council
January 9, 2025