Agenda packet, regular meeting — Palm Desert City Council, March 13, 2025 (part 2 of 2)

323
Adjust Water Valve To Grade Per CVWD
Standards And Specifications, See
Separate Proposed Water Plans EA 51 800.00 40,800.00
Adjust Sewer Manhole To Grade Per
CVWD Standards And Specifications,
See Separate Proposed Sewer Plans EA 41 800. 00 32,800.00 Construct Spillway/ Access Ramp EA 4 2, 500. 00 10, 000. 00 Storm Drain
Furnish and Install 18" HDPE Storm
Drain. LF 1, 578 80.00 126,240. 00
Furnish and Install 30" HDPE Storm
Drain. LF 638 180. 00 114, 840. 00
Furnish and Install 18" x 45° HDPE Bend EA 3 400. 00 1, 200. 00 Furnish and Install 18" HDPE Flared End
Outlet Structure EA 5 1, 000. 00 5,000.00
Furnish and Install 60" Inside Diameter
Manhole Per CVWD Dwg. Std. S- 5 EA 5 4,500. 00 22,500.00 Install Rock Energy Dissipator per RCFC
WCD Std. Dwg. No. JS333 EA 5 500.00 2, 500. 00
Install Inlet Structure EA 1 2,500. 00 2, 500. 00
SUBTOTAL OF STREET AND STORM DRAIN IMPROVEMENTS 2,787, 132. 00 20% CONTINGENCY 557,426.40
TOTAL 3,344,558.40
Assumptions:

1. These quantities are based on the Del Webb Exlore at Palm Desert Street and Storm Drain Improvement Plan completed on 05/ 24/2024.

2. The above opinion does not include raw land, legal fees, agency permits, professional engineering fees, construction phasing, bonds, financing/ carrying costs, construction staking, soils testing, accounting or construction management.

3. MSA Consulting Inc. makes no representation concerning the estimated quantities and cost figures other than that all such figures are opinions only and the Engineer shall not be responsible for any fluctuations in cost factors or the actual quantities shown.

Page 3 of 3 ends

324

ENGINEER' S OPINION OF PROBABLE COSTS FOR

DEL WEBB EXPLORE AT PALM DESERT MONUMENTATION

OKAY FOR BONDING
C. F.

Prepared for:

Pulte Home Company, LLC
27401 Los Altos, Suite 400
Mission Viejo CA 92691
Tract Map No. 38434
Project Location:

South of Gerald Ford Drive
in the City of Palm Desert
v oFEss/ 04,
41' P- D E L
N.

AI
June 6, 2024 A , 99 0.

IL C43880
m
m
MSA JOB # 2636 14, 42,

OF C AL
MSA CONSULTING, INC. lib _iv' , Enqnecrv^ q • LIrli ` t,, v2., Hci • Landscape_ Architc. r ,, i I E_ lf} Uti ". r_04r. 1 = - • ,_ -.
34200 Bob Hope Drive Rancho Mirage, CA 92270 1760320. 9811 I AiSAConsultinginc. corn

Page 1 of 2 ends

325

DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST
Street
Monumentation LOT 197 300. 00 59,100.00
SUBTOTAL OF MONUMENTATION 59,100. 00
15% CONTINGENCY 8,865.00
TOTAL 67, 965. 00
Assumptions:

1. These quantities are based on the Del Webb Exlore at Palm Desert Final Tract Map 38434 prepared on 06/04/2024.

Page 2 of 2 ends

326
Bond No. 59BSBJF 1493

SUBDIVISION IMPROVEMENT AGREEMENT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert, California (" City") and Pulte Home Company, LLC Principal"), have
executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/ Tract Map No. 38434 Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated 20_, (" Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond for performance of the Improvement Agreement, and to guarantee and warranty the Public Improvements constructed thereunder.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney' s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and 72500. 00001130593459. 1
327
specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for performance of the Improvement Agreement and security for the one- year guarantee and warranty of the Public Improvements.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of July 20 24.

Corporate Seal) Pulte Home ompany, LLC
Principal
By
Title Gregory S. Rives, Assistant Treasurer
Corporate Seal) Hartford Fire Insurance Company
Surety
By
Attor y- in- Fa
Attach Attorney-in- Fact Certificate) Title Jeremy Pol tto - in- Fact The rate of premium on this bond is $ 3. 90 per thousand. The total amount of premium charges is $ 13, 044
The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:

Name and Address of Surety) Hartford Fire Insurance Company One Hartford Plaza
Hartford, CT 06155
Name and Address of Agent or Jeremy Polk c/ o USI Insurance Services, LLC Representative for service of 10940 White Rock Rd, 2nd Floor process in California, if different Rancho Cordova, CA 95670 from above)
Telephone number of Surety 602- 505- 6880
and Agent or Representative for
service of process in California)
72500. 00001\ 30593489. I
328

ACKNOWLEDGEMENT BY PRINCIPAL

STATE OF GEORGIA)
ss.

COUNTY OF COBB)
This record was acknowledged before me on 2024,
appeared Gregory S. Rives, Pulte Home Company, L. 0
who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.

WITNESS my hand official seal.

T JESSICA MASK
Notary Public- State of Georgia
Cobb County
My Commission Expires Feb 21, 2026
Si to a of Notary Public
s
T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026
329

ACKNOWLEDGEMENT
State ofArizona
County of Maricopa
On 7/ 5/ 0o2-`, before me personally appeared Jeremy Polk whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.

Seal) ta--" b14.

Notary Signature
Matthew Stanton Erra
jr., MATTHEW STANTON ERRA Commission Expires March 9th, 2026 NOTARY PUBLIC- ARIZONA MARIC IPq COUNTY NZ T +r;` COMMISSION# 622269
MY COMMISSION EXPIRES MARCH 09, 2026
330
Direct Inquiries/ Claims to:

THE HARTFORD
POWER OF ATTORNEY HartfOne od,Conne
BOND,
tcut006155 Bond. Claimstaa thehartford.com
call: 888- 266- 3488 or fax: 860- 757- 5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SERVICES LLC Agency Code: 59- 3001 68
X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, ( hereinafter collectively referred to as the" Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

Matthew Erra, Jeremy Polk of PHOENIX, Arizona
their true and lawful Attorney( s)- in- Fact, each in their separate capacity if more than one is named above, to sign its name as surety( ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. tti I \
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Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President

STATE OF FLORIDA
ss. Lake Mary

COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that s) he resides in Seminole County, State of Florida; that ( s) he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that( s) he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that( s) he signed his/ her name thereto by like authority. 0$
444...:(41/ 4
APr. Jessica Ciccone
Ro;•' My Commission HH I222t0
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 5 t h, 2024 Signed and sealed in Lake Mary, Florida.
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Keith D. Dozois, Assistant Vice President
331
Bond No. 59BSBJF 1493

SUBDIVISION IMPROVEMENT AGREEMENT

PAYMENT ( LABOR AND MATERIALS) BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert, California (" City") and Pulte Home Company, LLC Principal"), have
executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for all grading, roads, paving, curbs and gutters, pathways, storm drains, sanitary sewers, utilities, drainage facilities, traffic controls, landscaping, street lights, and all other required facilities for Parcel/ Tract Map No. 38434 Public Improvements");
WHEREAS, the Public Improvements to be performed by Principal are more particularly set forth in that certain Subdivision Improvement Agreement dated August 22 2024 , (" Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement before entering upon the performance of the work to provide a good and sufficient payment bond to secure the claims to which reference is made in Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code.

NOW, THEREFORE, Principal and Hartford Fire Insurance Company (" Surety"), a corporation organized and existing under the laws of the State of Connecticut and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Improvement Agreement and referred to in Title 3 commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code in the sum of Three Million Three Hundred Forty Four Thousand Five Hundred Fifty Nine and 00/ 100 DOLLARS 3, 344, 559. 00 said sum being not less than one hundred percent ( 100%) of the total cost of the Public Improvements as set forth in the Improvement Agreement, for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth.

It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 ( commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 72500. 00001\ 30593489. I
332
Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66499, et seq., of the California Government Code as security for labor performed and materials provided in connection with the performance of the Improvement Agreement and construction of the Public Improvements.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 5th day of July 20 24.

Corporate Seal) Pulte Ho Compan LLC
Principal
By
Title Gregory S. Rives, Assistant Treasurer
Corporate Seal) Hartford Fire Insurance Company
Surety
By
Att. ey- in- Fac
Attach Attorney- in- Fact Certificate) Title Jeremy Pol , tto .• - in- Fact The rate of premium on this bond is N/ A
per thousand. The total amount of premium
charges is $ N/ A
The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:

Name and Address of Surety) Hartford Fire Insurance Company One Hartford Plaza
Hartford, CT 06155
Name and Address of Agent or Jeremy Polk c/ o USI Insurance Scrvicesc, LLC Representative for service of 10940 White Rock Rd, 2nd Floor process in California, if different Rancho Cordova, CA 95670 from above)
Telephone number of Surety 602- 505- 6880
and Agent or Representative for
service of process in California)
72500. 00001\ 30593489. 1
333

ACKNOWLEDGEMENT BY PRINCIPAL

STATE OF GEORGIA)
ss.

COUNTY OF COBB)
This record was acknowledged before me on IAi ` T 2024, appeared Gregory S. Rives, Pulte Home Company, LLe
who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.

WITNESS my hand official seal.
1 T JESSICA MASK I
1 Notary Public- State of Georgia
Cobb County 0
My Commission Expires Feb 21, 2026 0
vogiumasommarampRomummimmmumq
Si ature of Notary Public
s
T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026
334

ACKNOWLEDGEMENT
State ofArizona
County of Maricopa
On / J"/ Z`f before me personally appeared Jeremy Polk whose identity was/proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.

Seal) AA_
Notary Signature
Matthew Stanton Erra
a
t 5j-4
TR

PUBLIC- AR ERRA
Commission Expires March 9"', 2026 1v i
o NOTARY ARIZONA P

MARICOPA COUNTY
COMMISSION# 622269
MY COMMISSION EXPIRES NLk9 MARCH 09, 2026
1 335
Direct Inquiries/ Claims to:

THE HARTFORD
POWER OF ATTORNEY HartfOne ord, Conne
BOND,
tcut06155 Bond. Claims(a).thehartford.com
call: 888-266-3488 or fax: 860- 757- 5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SERVICES LLC Agency Code: 59- 300168
X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, ( hereinafter collectively referred to as the" Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

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Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President

STATE OF FLORIDA
ss. Lake Mary

COUNTY OF SEMINOLE
On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that s) he resides in Seminole County, State of Florida; that ( s) he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that( s) he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that( s) he signed his/her name thereto by like authority. je44.4,: c., 1/4
Jessica Ciccone
CP..' s
My Commission HH 122280
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 5 t h, 2024 Signed and sealed in Lake Mary, Florida.
s)
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Keith D. Dozois, Assistant Vice President
336
Bond No. 59BSBJF1494

SUBDIVISION IMPROVEMENT AGREEMENT

SURVEY MONUMENTS BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of Palm Desert, California (" City") and Pulte Home Company, LLC Principal"), have
executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the setting of survey monumentation as shown in Parcel/ Tract Map No. 38434 which is not to be completed prior to the recording of the final map or parcel map;
WHEREAS, the survey monumentation to be performed by Principal is more particularly set forth in that certain Subdivision Improvement Agreement dated August 22 2024, (" Improvement Agreement");
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond to insure the setting of the monuments as required therein and payment to the Engineer or Surveyor who sets such monuments thereunder.

THE CONDITION OF THIS OBLIGATION is such that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties for the setting of survey monumentation in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Improvement Agreement, or to any plans, profiles, and 72500.00001\ 30593489. 1
337
specifications related thereto, or to the Public Improvements to be constructed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

This bond is executed and filed to comply with Section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this 8th day of July 20 24 .

Corporate Seal) Pulte Ho man , LLC
Principal
By
Title Gregory S. Rives, Assistant Treasurer
Corporate Seal) Hartford Fire Insurance Company
Surety
ByAa
Attach Attorney- in- Fact Certificate) Title Jeremy Po At . ney- in- Fact The rate of premium on this bond is $ 3. 90
per thousand. The total amount of premium
charges is $ 264
The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:

Name and Address of Surety) Hartford Fire Insurance Company One Hartford Plaza
Hartford, CT 06155
Name and Address of Agent or Jeremy Polk c/ o USI insurance Services, LLC Representative for service of 10940 White Rock Rd, 2nd Floor process in California, if different Rancho Cordova, CA 95670 from above)
Telephone number of Surety 602- 505- 6880
and Agent or Representative for
service of process in California)
72500. 00001\ 30593489. I
338

ACKNOWLEDGEMENT BY PRINCIPAL

STATE OF GEORGIA)
ss.

COUNTY OF COBB)
This record was acknowledged before me onC I A01 2024,
appeared Gregory S. Rives, Pulte Home Compa y, L C, who provided to me on the basis of satisfactory evidence to be the person who appeared before me and is personally known to me.

WITNESS my hand official seal.
1 T JESSICA MASK
1 Notary Public- State of Georgia
i! 1 Cobb County
Si. : ^'= of . ary Public My Commission Expires Feb 21, 2026 T. JESSICA MASK
Notary Public State of Georgia
My Commission Expires: February 21, 2026
339

ACKNOWLEDGEMENT
State ofArizona
County of Maricopa
on 7 ( 2071 before me personally appeared Jeremy Polk whose identity w proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the attached document.

Seal) A_A—:( 14 ,
Notary Signature
01csr,, MATTHEW STANTON ERRA Matthew Stanton Erra
NOTARY PUBLIC ARIZONA Commission Expires P March 9th, 2026 MARICOPA COUNTY N COMMISSION# 622269

MY COMMISSION EXPIRES
a MARCH 09, 2026
340
Direct Inquiries/ Claims to:

THE HARTFORD

POWER OF ATTORNEY
BOND, T- 11
One Hartford Plaza
Hartford, Connecticut 06155
Bond. CiaimsAthehartford. com
call: 888- 266- 3488 or fax: 860- 757- 5835
KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: USI INSURANCE SERVICES LLC Agency Code: 59- 3001 68
X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, ( hereinafter collectively referred to as the" Companies") do hereby make, constitute and appoint, up to the amount of Unlimited :

In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. furry,
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Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President

STATE OF FLORIDA
SS. Lake Mary

76.7. Ate: Jessica Ciccone
0s jPrs- s My Commission HH 122250
Expires June 20, 2025
I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of July 8th, 2024 Signed and sealed in Lake Mary, Florida.
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Keith D. Dozois,
oi
Assistant Vice President
341
342
Del Webb Explore Palm Desert
(Refuge Specific Plan)
New Action Plan
7/10/2024
343
Immediate Measures Taken to Reduce
Neighborhood Impacts and Address Concerns
• Stepped Up PM10/Dust Control Measures
• New Communication Plan with Neighbors
• Plan to address Damage Complaints
• Strict Enforcement of Construction Hours
• Revised Construction Access Plan
• Revised Construction Staging Area
• Addressing of Neighbor Questions
• Details Provided Below
344
Daily dust control measures per PM10 Requirements:
• Daily watering all active areas being graded and disturbed. This includes cut/fill areas and access routes.
• PM10 spray inactive areas that have been completed or remain inactive for more than 72 hours
• Maintenance of construction entrances. Clean as needed. • Daily City inspections
• Weekly MSA Consulting inspections
345
Daily PM10 Measures & Additional Measures (Water Trucks, Water Spray, Water Towers):
346
Additional Dust Mitigation Steps Added Above and
Beyond Standard Requirements
• More frequent spray and respray with 6 month green colored polymer Envirotec.
• Added two 4,000 gallon water trucks that are working after hours and weekends. Monday – Friday 5:30am-8pm and Saturday & Sunday 6am-8pm.
• Temporary fencing with wind screen installed on south and southeasterly pads to help trap PM10 debris.
• Street sweep as needed on Julie Drive and Gerald Ford Drive • Pulte will commence all permanent perimeter walls upon approval of plans and certification of pads.
347
Daily PM10 Measures & Additional Measures – Continued
(Polymer Spray, Street Cleaning, & Additional Fencing):
348
New Communication Plan with Neighbors
Pulte will established two forms of communication for neighboring residents:
• For non-emergency concerns, residents may send an email to [email protected] for any inquiries or concerns. A resident’s inquiry via email should expect a response within 2 business days
• For emergency or urgent matters, Pulte has provided residents with a 24-hour call center at 1-877-724-6593. The call center will accept calls 24 hours a day allowing resident to share their concern as well as establish record of an issue or incident. The call center will make immediate contact with Pulte personnel who will then respond to each call as quickly as possible. Emergency calls will be prioritized and addressed immediately. Non-emergency calls should expect a return call by end of the next business day. 349
New Plan to Help with any Damage to Neighbors’
Properties (pools, walls, drainage, etc.)?
Upon receiving call from a neighboring resident, Pulte will investigate claims of property damage directly with the resident and address any necessary reparations resulting from Pulte’s construction operations.

For example, Pulte has already met with Monique Bond and retained a pool cleaning company to complete cleanup at Pulte’s cost. Pulte will coordinate with each call on a case by case basis. This effort is intended to address damage resulting from Pulte’s operations and not typical Coachella Valley conditions.
350
Steps to Better Enforce Construction Hours
City of Palm Desert approved hours are posted as such:

October 1 through April 30th – Monday through Friday 7:00am to 5:30pm
May 1 through September 30th – Monday through Friday 5:30am to 7:00pm & Saturday 8am-5pm
Pulte Homes has communicated the City’s permitted work hours schedule to all subcontractors and is insisting on strict compliance.

Pulte will continue to monitor to insure all workers comply with the City’s approved work schedules.

Please report any violations to 1-877-724-6593
351
Revised Construction Access Plan
All routine construction traffic in and out of the project will ingress/egress off Gerald Ford. Due to both efficiencies and safety concerns, we would like to keep the export trucking to access the site via Julie Lane and exit onto Gerald Ford as originally agreed upon with the City via the approved addendum to the PM10 plan (see attached PM 10 plan). The remaining export operation (trucking) is currently scheduled to resume on July 8 and anticipated to be complete by July

19. Once the trucking operation for export is complete, this access would be closed to construction traffic and opened upon completion of the design improvements. To insure no early arrival, we commit to have a monitor staged at Julie Lane and Portola in early morning hours to prohibit trucks to enter Julie Lane until city approved work hours. 352
Revised Construction Staging Area
Construction staging for equipment, water tanks, material and parking will be established to try and keep a reasonable separation from neighboring homes. As construction progresses, staging location will vary but in the near term (by 7/5/24), Construction staging will be located in the general vicinity shown on image below.

As construction progresses and staging requires relocation Pulte will coordinate with City inspector to establish an acceptable location 353
Perimeter Wall Heights and Stability
Pulte is currently evaluating the condition of the existing perimeter wall along the southern and eastern boundaries and will repair any damage caused by project operations. At the request of a few residents, Pulte will consider supplemental measures to stabilize and potentially increase the height of certain wall segments in coordination with the adjacent homeowners if circumstances warrant.
354
Grading Benches for Walls:

1. The primary reasons to grade a bench for a wall is to cover the concrete footing and provide stability for the wall.

2. A secondary reason to provide a bench at the base of a wall is for maintenance reasons. In situations where you have 2-to-1 slopes (steep slopes), a bench (or a flat surface) at the top can be beneficial depending on the type of ground surface or planting
355
Del Webb Explore – Project Timeline
Currently, Del Webb Explore is in rough grading phase of development which is anticipated to reach completion the end of July 2024.

Based upon timing of remaining approvals & construction cycle times Pulte forecasts Land Development operations to be substantially complete in spring of 2025.

And, with real estate market predictions, Pulte forecasts sales and construction of Explore’s 332 homes to start as early as December 2024 and continue into spring of 2027.
356
Drainage and Flood Control Improvements
• As explained by the City’s engineering consultant Tim Jonasson, approximately 2/3 of the project site drained to the south and east in the natural, pre-development condition (see Slide 18).
• Mr. Jonasson also explained that the approved grading and hydrology plans require storm water and drainage from all developed lots and streets drain to the north to the retention basin adjacent to Gerald Ford Drive.
• The only water that will reach the open space buffer along the southern and eastern boundaries is rainfall landing directly on that limited area, which is a small fraction of pre-development flows. 357
Drainage and Flood Control Improvements Continued:
• In the existing condition (pre-development), approximately 38.9 acres drain to the southeast corner.
• Per the City Drainage Ordinance, the Engineer is to review the impacts of the 100-year, 24-hour storm. When reviewing those impacts, it’s clear that Retention Basin A and Retention Basin B generate little to no ponding depth (red boxed and highlighted on the attached). However, as a conservative measure, MSA reviews all storms, i.e., the 1-, 3-, 6-, and 24-hour storms. In the proposed condition (post-development), approximately 2.4 acres drain to the south and southeast retention basins. These 2.4 acres represent approximately 0.14 acre-feet of runoff in the 100-year storm, 1-hour storm. Additionally, these retention basins don’t receive any runoff from residential lots or streets. As discussed in the neighborhood meeting, this project sits on the top of the blow sand ridgeline. There are several hundred feet of blow sand below the surface and percolation tests performed, prior to development, recorded percolation rates around 50 inches per hour. A 100-year storm will drop 4 inches of rain in a 24-hour period. The existing soil has the capacity to infiltrate storms much larger than the 100-year storm. When reviewing the maximum capacity of these retention basins (maximum capacity defined as, ‘depth equal to the lowest adjacent pad elevation’), we find both Basin A and B have the equivalent capacity to hold a 500 year storm. A 500-year storm is roughly 1.6 times the rainfall in a 100-year storm.
358
Drainage and Flood Control Improvements Continued:
• Using a straight comparison, the proposed drainage condition reduces the tributary area to the south and southeast corner by 36.5 acres or 94 percent. These calculations are not typically required by the City and are not included in the hydrology report, but are provided to further clarify our drainage approach.
• The method used to grade and drain the project protects the existing and proposed residents, and reduces the flood risk of existing residences along the south and east sides by redirecting the runoff to north.
359
360
361
Elevation of Finished Pads Along Southern and Eastern
Perimeter of Project.
• The pad elevations were approved with the Specific Plan in 2022, and the lot elevations along the southern or eastern perimeter have never been raised since.
• All final pad elevations were confirmed in the grading plans recently approved by the City in Spring 2024.
• The lots along the southern and southeastern perimeter have been certified by the project engineer to conform to the approved pad elevations, and those pad certifications have been delivered to the City and are available for public review.
362
Elevation of Finished Pads Along Southern and Eastern
Perimeter of Project - Continued:

1. The key tie-in elevation for this project is Julie Lane.

2. With the Julie Lane elevation established (approximately 288.0), MSA designed streets at minimum slope (0.5%) to keep the streets and pad elevation as low as practical. 0.5% slope is the minimum allowable street slope in the City of Palm Desert.

3. There is approximately 2,500 linear feet from the Julie Lane intersection to the southeast corner of the project.

4. Pad elevations are set a little more than a foot above the top of curb adjacent to the lot. Pad elevations are set as low as practical while still providing flood protection and positive slope to the streets. 363
Resident concern checklist:

Monique Bond
• Concern: Sand in pool. Action: Pulte met with resident on 7/1/24 and has hired a pool company to clean pool and filters.

Linda Candler and Charles Cronenweth
• Concern: Pad Elevation and Slope. Action: Pulte Engineer (MSA) provided approved pad elevation and approved 2:1 slope. Along with line of sight exhibit.

Jana and Peter Koroczynsky
• Concern: Pad Elevation. Action: Pulte Engineer - MSA Consulting provided approved pad elevation information to resident. MSA is also verifying resident pad elevation. Certified pads have been provided to City to post on website for residents to verify our pads. • Concern: Slope. Action: Pulte Engineer provided plan information regarding approved 2:1 slope. • Concern: Drainage. Action: Pulte Engineer has provided approved drainage information to resident. • Concern: Pulte not allowing private surveyors to check pads. Action: Pulte has granted access for private surveyors to access for pad verification.

Eglert Gutierrez and Maria Torres
• Concern: Line of Sight. Action: Pulte and Engineer currently discussing response. We will respond by 7/4.

Liz Bower
• Concern: Pad Elevation. Action: Pulte Engineer providing approved pad elevation information. Offered to confirm their pad elevation.
364
Questions Regarding Sight-line and Privacy:

1. MSA Provided a Site Line Analysis along the southern boundary where pads are roughly 10’ above neighbor lots.

2. Study indicates that a 6’ individual cannot view the rear yard of neighbors

3. Neighbor provided image indicating 6’ individual could see over and down to neighbors yard.

4. Pulte refutes the assertion. The average eye-line is 4”-5” below the top of head. An individual 6’ or shorter would be looking directly into the wall.

5. Pulte asserts that, in general, individuals 6’4” and shorter would be restricted from viewing Neighbor’s lots.

6. See Section on the following slide
365
Questions Regarding Sight-line and Privacy:
366
Additional Steps to Address Neighbor Concerns
• Certain homeowners have requested confirmation of their pad elevations and the adjacent project pad elevations. Pulte’s surveyors and engineers at MSA are conducting the requested verifications and communicating directly with the homeowners.
• Pulte will allow homeowners to hire their own surveyor/engineer to confirm this information, who will be given permission to access the project site and verify pad elevations (subject to appropriate safety and insurance arrangements).
367
Why can’t Pulte and City explore lowering those
elevations?
Pulte did explore lowering the pad elevations with our Civil Engineer and the existing graded condition would not allow this to happen without significant impacts to the existing residents and the Pulte project.

These impacts include:
• Directing potential storm flows toward the neighboring properties; and
• Substantial extension of the timeline to complete the grading and land development improvements. 368
Addition Landscaping Along Open Space Buffer
Pulte will work with the City and the project landscape architect to provide additional landscaping in the buffer areas to soften views toward the new homes.

Pulte will also provide a community meeting with the residents along the southern and eastern boundaries to review the enhanced buffer landscape plan.
369
370
Del Webb Explore
Palm Desert
371
Project Details: • 332 SFU over 93 acres • Homes will range from 1,900 to 3,100 square feet.
• Architectural Styles: Spanish Progressive,
Mid-Century, and Desert Contemporary
• 6,000 to 7,000 sf Clubhouse with Fitness
Room, Meeting Rooms, Lounge and Event
Room
• Pool, Spa, Pickleball, Bocce, Event Lawn,
Walking Trails and Open Space (over 13
acres)
372
Project Status: • Site Fully Graded • Phase 1 Sewer, Water and Storm Drain installed
• Phase 1 Paving scheduled for 2/7/25 thru
3/7/25
• Models starting 2/17/25 - Opening
Summer 2025
• Phase 1 Landscaping Summer 2025 • First Move-ins 3rd Quarter 2025 • Phase 2 Paving 3rd Quarter 2025 • Phase 2 Landscaping 4th Quarter 2025 373
Communication:
• For Non-Emergency Concerns:

[email protected]
• For Urgent Matters: 1-877-724-6593 (24 Hour Call Center) • The call center will accept calls 24 hours a day allowing resident to share their concern as well as establish record of an issue or incident. The call center will make immediate contact with Pulte personnel who will then respond to each call as quickly as possible. Emergency calls will be prioritized and addressed immediately. Non-Emergency calls should expect a return call by next business day depending on urgency of concern.
374
Request: Maintain the height of neighbor’s
wall from buffer.
• Response: The existing Kaufman/Broad walls will remain as is. The ultimate wall height on Pulte side of property will be determined by the required soil coverage needed for the foundation per structural requirements.
• Additional: Pulte will be installing plant material that will deter people from approaching the existing Kaufman/Broad
development walls. Examples: Bougainvillea and Agave.
• Additional: Pulte will work with the City to provide restricted access to the open space buffer. Example: provide signage or fencing and/or gates requiring fob key access.
375
Proposed lots rear property line (abutting east
and south open space) wall condition?
• Request: Residents requested that view fence be replaced with block wall for privacy.
• Response: Pulte replaced view fence with 6ft high block wall. 376
Proposed Wall Plan:
377
East and South Open Space - Landscape &
Slope Conditions:
• Request: Residents expressed landscaping to be inline with Del Webb Rancho Mirage.
• Response: Pulte will be installing landscape inline with Del Webb Rancho Mirage.
• Additional: Pulte will be adding jute mesh and landscape material to add extra erosion control based on resident and Council comments.
• Additional: Pulte will be working with Civil Engineer, Landscape Architect and City on open space slope softening and trail buffer as we move into our precise grading plans.
378
Phase 2: Overall Conceptual Landscaping Plan –
Subject Areas “A” & “B”
A
B 379
380
381
Questions
382
Site Drainage:
• Concern: Site Drainage entering east and south open space buffer from proposed streets and residential lots.
• Response: Site Drainage is staying within streets and storm drain infrastructure and will not be entering the east and south open space lots.
• The east and south open space lots will only retain what rain falls on that area.
383
Previous Existing Drainage Condition
384
Current Drainage Condition
385
386
RESOLUTION NO. 2024-066

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT MAP 38434-1.

WHEREAS, Parcel Map conforms to the requirements of the Subdivision Map Act and City Ordinances; and
WHEREAS, the Tentative Tract Map 38434 ( TTM38434) was approved to subdivide 93.5 acre site into 1 condominium lot ( 14.29 acres) and 332 single family residential lots (approximately 70 acres): and
WHEREAS, the TTM 38434 identified Lot A as a private open space lot totaling

1.16 acres which included a portion of city right of way (5,821 square feet) of Explorer Drive. The future extension of Explorer Drive was designed to curvature the street resulting in portion of public right of way to be an excess area. The TTM 38434 identified this area as private open space; and
WHEREAS, the Final Subdivision Map of Tract Map 38434 -1 has been approved by the City Engineer as a phasing map and securities posted for the associated phases.

Final Subdivision Map of Tract 38434-1 includes 135 single family residential lots, 10 lots for public streets, 11 lots for private open space, and 1 lot for the clubhouse (38.23 acres).

It has excluded the 5,821 square foot portion of right of way. City will execute a maintenance and easement agreement for that portion of right of way with Applicant to be maintained in perpetuity: and
WHEREAS, the Final Subdivision Map of Tract Map 38434-1, has met the Conditions of Approval for this project (Resolution Nos. 2022-93, 2841, and 2859).

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

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

SECTION 2. The Final Subdivision Map of Parcel Map 38434-1, City of Palm Desert, California, is hereby approved as the official map of said tract, subject to the conditions of the Tentative Map.

SECTION 3. The Director of Development Services is directed to process the Parcl Map for recording upon receipt of the required payment of all fees.

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

Docusign Envelope ID: 79CCBA07- D515-4543-93A6-FC29E8FBF961 387
Resolution No. 2024-066 Page 2
ADOPTED ON AUGUST 22, 2024.

KARINA QUINTANILLA
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-066 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on August 22, 2024, by the following vote:

AYES: HARNIK, KELLY, AND TRUBEE
NOES: QUINTANILLA
ABSENT: NONE
ABSTAIN: NESTANDE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________.

ANTHONY J. MEJIA

CITY CLERK
Docusign Envelope ID: 79CCBA07- D515-4543-93A6-FC29E8FBF961 8/23/2024
388
REFUGE SPECIFIC PLAN – KAUFMAN/BROAD SUBDIVISION REQUESTS Items Clarification Request to Pulte Pulte Response
Refuge Specific Plan When the Specific Plan was adopted, the intent was to allow for customized development standards that
allow for flexibility to adjust residential products to market demand. The only standard that did not allow
flexibility was building height, measured from the final grade.

At the time, the standards didn’t limit the final grade, and there were no limitations restricting the pad
elevations.

None None
Height of Building Pads The pad elevations were outlined in the Specific Plan's conceptual Landscape Plan and later incorporated
into the tentative map.

When the site was redesigned, staff required a
community meeting and a public hearing with the
Planning Commission. After the pad heights were
adjusted again, an additional public hearing with the
Planning Commission was required.

Will be required to provide pad certifications
when a precise grading plan is submitted and
finalized. If there are any increases, a public
hearing for any adjustment will be required.

Understood
45’ or 50’ wide
landscape buffer
The goal of the Specific Plan was to offer flexibility in site development, including a 45-50ft landscaped
buffer. While the staff reports referred to the maximum of 50’ instead of the minimum, both the initial
community meeting and City Council presentation
referenced 45’, which is allowed under the Specific
Plan. We understand how confusing this could be, but
it does not invalidate the approvals or the overall
objectives of the Specific Plan.

All initial maps and plans, including the cross sections provided in the Specific Plan's conceptual landscape
plans, were designed with the 45’ buffer.

Reduce lot depths to 90’ which would add 3.5’
to 4.5’ of additional buffer at the top of the new
lots.

They would not reduce the lot depths.
389
REFUGE SPECIFIC PLAN – KAUFMAN/BROAD SUBDIVISION REQUESTS Landscaping of slope Landscaping of slope will be reviewed at the community meeting on Feb. 4th and is yet to be
finalized. It must be completed prior to any perimeter
home
Ensure landscaping is high quality similar to
their Rancho Mirage project as requested by the
neighbors and install sooner.

Will make in line with Rancho Mirage project
and will discuss the timing at the community
meeting.

Width of walkway The width of the walkways shown is 8’. Request to Pulte is to increase this width by decreasing home lot depth, decrease “bench”,
terrace slopes, and overall increase width
Pulte will review this with their engineering
team and provide further details through Phase
2 landscaping and precise grading to potential
modify the slope with terracing/retaining walls.

Installation of block
wall along lot boundary
Plans show these walls as “view lots” under certain
references but can be block wall
All perimeter walls shall be block walls All perimeter walls will be block walls.

Maintaining the height
of neighbor’s wall from
buffer
The height of the adjacent walls shall be maintained at 6’ from the adjacent grade.

Make sure final grading keeps all walls at their
existing heights (6’)
Pulte will review this with their engineering
team and provide further details through Phase
2 landscaping and precise grading.

Not allow any drainage
from project into
landscape area
The only drainage in the landscape area is the runoff
from rain that would fall in the landscape area.

This will be confirmed again when the precise
grading plan is submitted.

Once these are approved by the City Engineer,
staff will provide these plans online.

Understood
No public access to
landscaped trail
Project is not approved or allowed to be gated but
landscaped trail is to be privately (HOA) owned and
maintained. Additionally, the Specific Plane states that the community trails are intended for residents
and will not be accessible to the public.

Maintain these are for private use only and post
signage restricting use to residents of the
Specific Plan.

First part is agreed to, staff will be discussing
these options with Pulte in advance of the
community meeting.

Grading shelf/bench In a grading plan, a “bench” refers to a flat, horizontal step that is intended to cut a slop to provide stability and reduce speed of water runoff. This term has been
used interchangeably as a “Shelf” or “Bench”
Original drawings show minimal length of these
shelves along the east and south and although they
are used to help with stability and drainage, staff is
looking at final plans to be designed to not increase
the amount of sloped area within the buffer.

Request to Pulte is to decrease “bench”, terrace
slopes, and overall increase width of flat
walkway area
Pulte will review this with their engineering
team and provide further details through Phase
2 landscaping and precise grading to potential
modify the slope with terracing/retaining walls.
390
REFUGE SPECIFIC PLAN – KAUFMAN/BROAD SUBDIVISION REQUESTS Coyotes There has been a reported increase in coyotes within the project site, along the southern and eastern
perimeters.

No request was made to Pulte, but the City’s
code enforcement immediately reached out to
Riverside County Animal Control. The issue was
found to potentially be from construction of the
Cotinho project in Rancho Mirage creating
easterly migration of many coyotes and
eventually landing on the Marriot property west
of Pulte. Then, the Marriott property cleaned the
perimeter of their property and inadvertently led
to Coyotes moving further east. The City has
reached out to Marriott to find solutions.

No action from Pulte needed, but neighboring
Marriott will provide action.

View protection The Specific Plan lists the following as it relates to “View preservation”: General Plan policy 2.1 View
Corridor preservation is intended to protect and
preserve existing, signature views of the hills and
mountains from the City.

This policy is intended to protect from View corridors
such as Gerald Ford street. The Specific Plan response
to this is that “scenic views are taken into considering during the planning process”.

Multiple standards were implemented into the plan for
height and views, including: “All multi-story
development of two stories or more shall mitigate
negative shade/shadow and privacy impacts by
stepping back upper floors and avoiding direct views
into neighboring single-family yards as feasible.” And
“All proposed residential development within 50 feet
of Planning Area 5 shall be no greater than one-story,
contained within 18 feet.”
No request to Pulte other then understanding
adherence to the development standards and
that any revisions require Planning Commission
approval at a public hearing.

Understood.
391
392

Page 1 of 6 ends

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: March 13, 2025
PREPARED BY: Shawn Muir, Community Services Manager
SUBJECT: ADOPT A RESOLUTION TO INCREASE ADMISSION FEES FOR THE

PALM DESERT AQUATIC CENTER
RECOMMENDATION:

1. Hold a public hearing on approving a one-time increase of admissions fees to the Palm Desert Aquatic Center based on Year 2 of a proposed 5-year fee increase plan.

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

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

3. Authorize appropriation totaling $497,527 to the appropriate Aquatic Center Expenditure Accounts from available Aquatic Facility Fund Balance.

BACKGROUND/ANALYSIS:

The Palm Desert Aquatic Center (PDAC) was opened as a new recreational amenity for the community in 2011. At that time, entry fees were established by Resolution No. 2011-32 (Attachment 1), and a 60% cost recovery goal was set. Due to rising operational costs, lack of fee adjustments for many years, and lower attendance, cost recovery for operations dipped to approximately 34% in 2023. Staff and the operator have increased programming in an attempt to improve revenues, as operating hours for concessions and recreational swimming was reduced following the pandemic. The increased city subsidy for operational expenses combined with the financial impact of potential future capital improvement projects for new amenities, prompted a fee analysis in FY 2022-23 to ensure the PDAC plans for a sustainable path forward.

Staff first reviewed this information with the Parks and Recreation Committee at their meetings in August 2022 and February 2023. Some considerations given by the Committee were the benefits that new attractions would bring to the PDAC and a program for low-income residents, should the fees be increased. A presentation was given to the City Council during a Study Session on March 23, 2023. At that meeting, staff were asked to gather additional data about other aquatic centers in the region for comparison on fees, cost recovery, operator and staffing, amenities, size, and other such factors. Staff found that most aquatic centers are operated by the city, charge similar or higher fees at PDAC, and do not have a formally established recovery rate. Also, most facilities do not have as many attractions or amenities as PDAC.

Staff conducted a separate financial analysis to determine the need to address the rising annual city subsidy in relation to the 60% cost recovery goal set in the original resolution (2011-32). A 5-year plan that to incrementally manage (and hopefully mitigate) the rising city subsidy of the facility was developed. The increase was kept at a moderate level, and an income-qualified discount program was established. The plan was presented to the Parks and Recreation Committee and was approved to move forward for City Council approval. The City Council 393
City of Palm Desert
Approve Fee Increase for PDAC

Page 2 of 6 ends

approved Resolution No. 2023-045 to increase the PDAC fees on September 14, 2023, and the new rates were implemented beginning January 1, 2024.

As part of the 5-year plan that was presented in 2023, staff committed to analyzing the effect of the fee increase on attendance rates, the City subsidy, and utilization of the income qualified discount program for the community. The income qualified discount program is based on existing programs in place with electric, water, and gas companies in the Coachella Valley. A PDAC visitor requesting to utilize the income qualified discount program would only need to bring a current bill showing their participation in one of these programs to qualify. If qualified, their group would be charged for facility use based on the previous fee structure (2011) and would not be subject to the proposed increase.

Following a full year of the new fee structure, staff observed that attendance increased slightly from 46,385 to 47,190. The fee increase accounted for $108,000 in additional net revenue than would have been received had the fees not changed. The income-qualified discount program was used by 87 people (<1% of total admissions). Of the 87 discounted entries provided, 64 (74%) of them occurred in June-August when recreational swimming is available. Overall, the city subsidy for operational costs is projected to increase as cost recovery is expected to decrease from 33% in Fiscal Year 2023-24, to an estimated 28% in 2024-25 as new food options, programs, and other amenities are explored.

An analysis of the Year 1 increase was presented to the Parks and Recreation Committee at their regular meeting on February 4, 2025, along with two options to further increase the PDAC fees in 2025. These options are hereafter described as the “Original Proposal,” which was included in the 5-year plan presented in 2023, and the “Alternative Proposal,” which was calculated as part of the annual review at the end of year 1 (see chart in Financial Impact section below). The presentation also included information about the next steps for approval and rollout of the new fee structure. Below is a timeline illustrating this plan:
394
City of Palm Desert
Approve Fee Increase for PDAC

Page 3 of 6 ends

The Parks and Recreation Committee voted unanimously to recommend that the City Council consider an increase to the PDAC fees according to the Alternative Proposal, allowing for a more moderate increase than the Original Proposal.

To increase the PDAC fees, the City Council is required to hold a noticed public hearing pursuant to California Government Code section 66018. Notice was published twice in a newspaper of general circulation at least ten (10) days prior to today’s public hearing with at least five (5) days intervening between each publication. The notice provided the date, time, and location of this evening’s public hearing.

At the public hearing, the City Council will hear all oral and written presentations regarding the PDAC fees from the public. Staff have prepared an estimate of the costs for the proposed PDAC fees and determined the fees do not exceed the reasonable estimate of costs to maintain and provide the PDAC facilities and services.

The City Council may decide to establish fees at a lower rate should the public interest and welfare be served. If adopted, the fees attached in Exhibit A will be effective April 1, 2025, and all previous PDAC fees referenced in the attached exhibit will be superseded. The adoption of these fees does not impact any other City fee, charge, or rates previously adopted by the City Council.

Adoption of the Original Proposal for the Year 2 fee increase is projected to generate approximately $130,000 in additional revenue to support PDAC activities. In contrast, adopting the Alternative Proposal, endorsed by the Parks and Recreation Committee, is estimated to generate approximately $74,000—resulting in a revenue difference of $56,000.

Legal Review:

This report has been reviewed by the City Attorney’s Office. Specifically, the requirement for a public hearing pursuant to Government Code, Section 66018 and the noticing schedule presented by staff was reviewed.

Appointed Body Recommendation:

At the February 4, 2025, Parks and Recreation Committee meeting, staff provided a presentation updating the Committee on the 2024 fee increase, and two options for increasing the fees for Year 2 of the 5-Year plan. The Original Proposal followed the 5-Year plan increase, and the Alternative Proposal provided a more moderate increase based on lower-than-anticipated operating costs in 2024. The Committee voted unanimously to allow for the implementation of the more moderate Alternative Proposal increase. Should the City Council approve the recommendation, the 5-year plan will be updated to match the new trajectory to level the city subsidy of the PDAC. A reassessment of the program will be conducted in 2026 to determine the future implementation of the fee increase plan.

FINANCIAL IMPACT:
395
City of Palm Desert
Approve Fee Increase for PDAC

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If the Alternative Proposal is adopted, the resulting revenue increase would reduce the FY 2024- 25 General Fund subsidy for PDAC operations by approximately $74,000, lowering it from $2.48 million to approximately $2.40 million.

Since PDAC fees are not designed to achieve full cost recovery, the General Fund must provide an annual subsidy to support PDAC operations. The chart below illustrates the steady increase in the General Fund subsidy over the past several years, alongside a decline in the cost recovery percentage. If fees remain unchanged, the subsidy is expected to continue growing, necessitating additional General Fund support in future years due to rising operational costs.

Fiscal Year General Fund Subsidy* Cost Recovery %
14/15 $503,641 63%
15/16 $683,341 56%
16/17 $613,833 59%
17/18 $657,877 59%
18/19 $709,937 58%
19/20 $794,884 40%
20/21 $1,026,000 26%
21/22 $1,400,500 33%
22/23 $1,890,294 34%
23/24 $1,961,250 33%
24/25 est. $2,482,387 28%
*Operations only. Capital Projects at PDAC may also require General Fund support. 396
City of Palm Desert
Approve Fee Increase for PDAC

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Although the fee increase will help reduce the initially estimated General Fund subsidy, the report presented to the Parks and Recreation Committee in February underestimated projected operational costs. Coincidentally, the midyear budget adjustments approved on February 13, 2025, for PDAC included expenditure reductions that were later found to be necessary based on actual and anticipated costs through the end of June. Therefore, staff is requesting an appropriation of $497,527 to the appropriate Aquatic Facility Expenditure accounts listed below for FY 2024-25.

ATTACHMENTS:

1. Resolution No. 2025-____, includes Exhibit A – PDAC 2025 Fee Schedule

2. Resolution No. 2011-32
Object
FY 24-25
Original
Budget
FY 24-25
Adjusted
Budget
Mid Year
Request
Post
Midyear
Budget
Current
Budget Adj
Request
FY 24-25
Adjusted
Budget
4211100 - Supplies-Pool Chemicals 195,000 195,000 (75,752) 119,248 5,849 125,097 4219000 - Supplies-Other 25,000 32,500 (2,468) 30,032 10,904 40,936 4309000 - Prof - Other 246,500 246,500 (26,606) 219,894 27,844 247,738 4309300 - Prof-Other Admn Expenses 200,000 210,441 210,442 100,264 310,706 4331100 - Replacement Expenditures 30,000 30,000 (10,000) 20,000 - 20,000 4331101 - Contracted Pool Maint 380,000 375,000 (100,000) 275,000 223,735 498,735 4351000 - Utilities-Water 30,000 30,000 (21,016) 8,984 1,806 10,790 4351200 - Utilities-Gas 65,000 65,000 (51,234) 13,766 53,234 67,000 4351400 - Utilities-Electric 180,000 180,000 (32,132) 147,868 12,132 160,000 4364000 - Filing Fees 5,000 5,000 5,000 (1,315) 3,685
4365000 - Telephones 5,000 5,000 5,000 (1,500) 3,500
4801100 - COGS - Food & Merch 60,000 62,500 9,666 72,166 25,173 97,339 4802101 - Aquatic Contracted Labor 1,830,000 1,819,558 4,284 1,823,842 39,399 1,863,241 3,251,500 3,256,500 (305,258) 2,951,242 497,528 3,448,770 Projected Rev 1,044,864
GF Subsidy 2,403,906
397
City of Palm Desert
Approve Fee Increase for PDAC

Page 6 of 6 ends

3. Resolution No. 2023-045
398
Resolution No. 2025- Page 1
RESOLUTION NO. 2025-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, INCREASING CERTAIN ENTRY FEES FOR THE

PALM DESERT AQUATIC CENTER AND TAKING OTHER ACTIONS

THEREIN
WHEREAS, the City of Palm Desert (“City”) City Council established entry fees for the Palm Desert Aquatic Center (“PDAC”) on May 12, 2011; and WHEREAS, the City had engaged Ballard King & Associates, LTD to conduct a study entitled Aquatic Center Operations Study (the “Study”) to establish the original PDAC rates; and
WHEREAS, the Study established a City goal of 60% cost recovery in order to ensure entry fees were set at an affordable level for the benefit all City residents; and WHEREAS, due to escalating costs that have occurred since 2011, the date the original fees were implemented, actual cost recovery has been closer to approximately 30% of City costs to operate the facility; and WHEREAS, the City elected not to implement the annual increases established in the Study at that time and instead chose to keep fees at the initial rate subsidizing the costs for public benefit; and
WHEREAS, the City had not increased its PDAC fees since they were established in 2011 until September 14, 2023, to marginally increase the rate of cost recovery, and the City now desires to further increase the PDAC fees to contribute to recovering City costs for operating and maintaining the PDAC facilities and services provided; and
WHEREAS, the City has complied with the procedural requirements pursuant to California Government Code, section 66018 which requires the City to hold a noticed public hearing as part of a regularly scheduled meeting, at which oral and written presentations regarding the PDAC fees may be made; and WHEREAS, notice for the public hearing notified all interested persons the public hearing will take place at 4:00 pm on March 13, 2025 at the Civic Center Council Chambers located at 73510 Fred Waring Drive, Palm Desert, CA 92260 and said notice was provided pursuant to Government Code, section 6062a which requires at least ten (10) days’ notice prior to the date of the public hearing published twice with at least five (5) days intervening between each publication; and WHEREAS, the City has prepared an estimate of the costs establishing the proposed PDAC fees and such fees do not exceed the reasonable estimate of costs to maintain and provide the PDAC facilities and services; and 399
Resolution No. 2025- Page 2
WHEREAS, the City Council now desires to adopt the 2025 PDAC fees.

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

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Findings. The City Council finds the following:

1. Notice of the public hearing was published twice with at least five (5) days intervening between each publication on February 28, 2025, with a second notice published on March 7, 2025, the first date being at least ten (10) days prior to the date of the public hearing.

2. The duly noticed public hearing was held and all oral and written presentations regarding the PDAC fees were heard and considered.

3. The PDAC fees do not exceed the estimated reasonable costs of maintaining and operating the PDAC facilities and services.

4. The City Council retains the right to establish fees at a lower rate should the public interest and welfare be served.

SECTION 3. Approval. The City Council adopts the PDAC fees, as identified in the attached Exhibit “A” and incorporated herein by this reference and the City Council now directs City staff to implement the fees to be effective April 1, 2025. All previous PDAC fees in effect as of January 1, 2024, are to be superseded and replaced. PDAC visitors may request reduced admission through an income-qualified discount program administered by the PDAC operator in which proof of participation in a lowincome program for a local utility is shown upon entry to be charged the 2011 rates.

SECTION 4. Applicability. This Resolution relates only to the adoption of the PDAC fees and does not affect any other City fee, charge, or rates previously adopted by the City Council.

SECTION 5. CEQA. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
400
Resolution No. 2025- Page 3
SECTION 7. Effective Date. This Resolution shall become effective immediately following its adoption.

ADOPTED ON _________________.

JAN C. HARNIK
MAYOR
ATTEST:

ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2025-___ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

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

ANTHONY J. MEJIA

CITY CLERK
401
Resolution No. 2025- Page 4
EXHIBIT “A”
Palm Desert Aquatic Center 2025 Fee Schedule
PDAC visitors may request reduced admission through an income-qualified discount program administered by the PDAC operator in which proof of participation in a low-income program for a local utility is shown upon entry to be charged the 2011 rates.

All program fees, groups rates, rental fees, lane rental fees, facility rentals, concessions fees and other fees not listed shall be determined and administered by the contract operator.
402
RESOLUTION NO. 2011- 32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, ESTABLISHING ENTRY FEES FOR THE PALM

DESERT AQUATIC CENTER
WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of May 2011, did consider a request by the CITY OF PALM DESERT for approval to establish entry fees, as identified on Exhibit "A" for the Palm Desert Aquatic Center; and
WHEREAS, said City Council did find the following facts and reasons to exist to approve said request:

1. The City has studied similar facilities in the region and found the proposed fees to be in line with market prices. The proposed fees balance the desires of the City to reach a 60 percent cost recovery and the need to provide affordable recreational swimming opportunities.

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

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

2. That the City Council does hereby establish fees as identified on Exhibit A" of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 12th day of May 2011, by the following vote, to wit:

AYES: HARNIR, KROONEN, SPIEGEL, and BENSON
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
i
JET M. BENSOfy, AYOR
ATTEST:
1111111P'
aims -
RA ELLE D. KISS CITY CLIZTZFCC

CITY OF PALM DESERT, CALIFORNIA
403
RESOLUTION NO. 2011- 32
EXHIBIT " A"
Fees for the Palm Desert Aquatics Center
Category
Junior (2 to 5)
Youth/ Senior ( 6 to 12 & 60+)
Adult ( 13 to 59)
Youth Punch Card 25 Visits
Adult Punch Card 25 Visits
Youth 3- Month Pass
Adult 3- Month Pass
Youth Annual Pass
Adult Annual Pass
Resident/
Property Owner*

2. 50

3. 00

4. 00

65. 00

94. 00
110. 00
150. 00
420. 00
550. 00
Non -Resident

3. 75

4. 50

6. 00

98. 00
142. 00
165. 00
225. 00
630. 00
825. 00
All program fees, group rates, rental fees, lane rental fees, facility rentals, concessions fees and other fees not listed shall be determined by the contract operator.

City of Palm Desert Employees shall be granted the rates of Resident/Property Owner for appropriate age category.
404
RESOLUTION NO. 2023-045

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM DESERT, CALIFORNIA, INCREASING

CERTAIN ENTRY FEES FOR THE PALM DESERT

AQUATIC CENTER AND TAKING OTHER ACTIONS

THEREIN
WHEREAS, the City of Palm Desert (“City”) City Council established entry fees for the Palm Desert Aquatic Center (“PDAC”) on May 12, 2011; and WHEREAS, the City had engaged Ballard King & Associates, LTD to conduct a study entitled Aquatic Center Operations Study (the “Study”) to establish the original PDAC rates; and
WHEREAS, the Study established a City goal of 60% cost recovery in order to ensure entry fees were set at an affordable level for the benefit all City residents; and WHEREAS, due to escalating costs that have occurred since 2011, the date the original fees were implemented, actual cost recovery has been closer to approximately 35% of City costs to operate the facility; and WHEREAS, the City elected not to implement the annual increases established in the Study at that time and instead chose to keep fees at the initial rate subsidizing the costs for public benefit; and
WHEREAS, the City has not increased its PDAC fees since they were established and the City now desires to increase the PDAC fees to ensure such fees are adequately recovering City costs of operating and maintaining the PDAC facilities and services provided; and
WHEREAS, the City has complied with the procedural requirements pursuant to California Government Code, section 66018 which requires the City to hold a noticed public hearing as part of a regularly scheduled meeting, at which oral and written presentations regarding the PDAC fees may be made; and WHEREAS, notice for the public hearing notified all interested persons the public hearing will take place at 4:00pm on September 14, 2023 at the Civic Center Council Chambers located at 73510 Fred Waring Drive, Palm Desert, CA 92260 and said notice was provided pursuant to Government Code, section 6062a which requires at least ten (10) days’ notice prior to the date of the public hearing published twice with at least five (5) days intervening between each publication; and WHEREAS, the City has prepared an estimate of the costs establishing the proposed PDAC fees and such fees do not exceed the reasonable estimate of costs to maintain and provide the PDAC facilities and services; and DocuSign Envelope ID: 93C19FAB-711A-49E5-973E-51FADA87AB09 405
Resolution No. 2023-045 Page 2
WHEREAS, the City Council now desires to adopt the 2023 PDAC fees.

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

SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. Findings. The City Council finds the following:

1. Notice of the public hearing was published twice with at least five (5) days intervening between each publication on September 3, 2023, with a second notice published on September 10, 2023, the first date being at least ten (10) days prior to the date of the public hearing.

2. The duly noticed public hearing was held and all oral and written presentations regarding the PDAC fees was heard and considered.

3. The PDAC fees do not exceed the estimated reasonable costs of maintaining and operating the PDAC facilities and services.

4. The City Council retains the right to establish fees at a lower rate should the public interest and welfare be served.

SECTION 4. Applicability. This Resolution relates only to the adoption of the PDAC fees and does not affect any other City fee, charge, or rates previously adopted by the City Council.

DocuSign Envelope ID: 93C19FAB-711A-49E5-973E-51FADA87AB09 406
Resolution No. 2023-045 Page 3
SECTION 7. Effective Date. This Resolution shall become effective immediately following its adoption.

ADOPTED ON SEPTEMBER 14, 2023.
________________________

KATHLEEN KELLY
MAYOR
ATTEST:
________________________
ANTHONY J. MEJIA

CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-045 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on September 14, 2023, by the following vote:

AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________.

ANTHONY J. MEJIA

CITY CLERK
DocuSign Envelope ID: 93C19FAB-711A-49E5-973E-51FADA87AB09 9/18/2023
407
EXHIBIT “A”
DocuSign Envelope ID: 93C19FAB-711A-49E5-973E-51FADA87AB09 408

Palm Desert City CouncilMarch 13, 2025

Palm Desert City Council
March 13, 2025