Palm Desert City Council
August 28, 2025

MANAGEMENT TRANSITION ADDENDUM TO

AGREEMENT FOR PROPERTY MANAGEMENT SERVICES

THIS ADDENDUM TO AGREEMENT FOR PROPERTY MANAGEMENT SERVICES (this “Addendum”), dated as of February 27, 2025, is attached to and made part of the foregoing Agreement for Property Management Services (the “Agreement”) entered into as of even date herewith by and between the PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic (the “Authority” or “PDHA”), and National Community Renaissance, LLC, a California Nonprofit Corporation (the “National CORE”), and supplements the Agreement as follows:

1. To enable a smooth transition of property management responsibilities from current provider Falkenberg/Gilliam and Associates (“Current Manager”), the current property manager, to National CORE, the Parties hereby enter into this Addendum to allow National CORE to complete the following tasks prior to the Effective Date of the Agreement (i.e., June 1, 2025), during the period beginning the date of execution of this Addendum, and ending May 31, 2025 (collectively, the “Transition Period”):
a. Personnel Evaluation: Meet and evaluate all the current office and maintenance staff for the Properties (as defined in the Agreement); gather all necessary information regarding existing issues at the Properties requiring the attention of National CORE; conduct background checks of Current Manager staff who will be seeking employment with National CORE at the Properties, in accordance with state and federal law; and, at the discretion of National CORE and with the approval of PDHA pursuant to Section 16(a) of the Agreement, hire any current provider employees currently working at the Properties to serve as National CORE employees.
b. Cross Training: Conduct thorough training of all Current Manager employees who will be hired as National CORE employees on all applicable National CORE policies and procedures, including without limitation on the use of software tools and work order tablets.
c. Assistant Regional Supervisor: Allow the National CORE Regional Supervisor, along with the National CORE Assistant Regional Supervisor, or other National CORE management staff in charge of overseeing National CORE operations at the Properties, to walk all Properties, and meet with all PDHA staff members working onsite at the Properties.
d. Meetings: Participate in weekly property management meetings with PDHA and Current Manager, and monthly City of Palm Desert Housing Commission meetings.
e. Deep Knowledge: Familiarize the National CORE Regional Supervisor and National CORE Assistant Regional Supervisor on all current and upcoming projects and maintenance items for each Property, and all resident-related issues (including, without limitation, legal suits brought by tenants or former tenants) that are in process.

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f. Staff Onboarding: Onboard all staff members through National CORE human resource programs, including, without limitation, with respect to payroll, benefits, health and dental insurance programs.
g. PDHA Systems: Set up PDHA management and operations systems, including without limitation with respect to accounting, finance, occupancy, resident relations, maintenance, computer systems, and tablet training for all maintenance staff.

2. As compensation for National CORE’s work during the Transition Period, the Authority shall, in total, pay the sum of Ten and No/100 Dollars ($10).

3. If National CORE or any of its agents, employees, consultants, contractors or subcontractors enter the Properties during the Transition Period, then such entry shall be subject to all of National CORE’s obligations regarding indemnity and insurance under the Agreement. Anything herein to the contrary notwithstanding, neither National CORE nor any of its approved contractors shall be permitted to access the Properties, or any part thereof, during the Transition Period unless and until National CORE has provided to PDHA the necessary insurance certificate(s) evidencing that National CORE has procured and is maintaining the insurance policies and coverages required to be maintained by National CORE pursuant to the terms of this Addendum.
[SIGNATURE PAGE TO FOLLOW]
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THIS ADDENDUM was entered the 27th day of February, 2025.

Authority:

PALM DESERT HOUSING AUTHORITY,
a public body, corporate and politic
By: _____________________________
Jan C. Harnik
Chairperson
ATTEST:
________________________________
Anthony J. Mejia
Secretary
APPROVED AS TO FORM:
_______________________________
Isra Shah
Best Best & Krieger, LLP
Generall Counsel
Manager:

NATIONAL COMMUNITY
RENAISSANCE, a California Nonprofit
Corporation
By: _____________________________
Robert Diaz
Executive Vice President
By: ____________________________
Michael Finn
Treasurer
Clerk QC: _____
Contract QC: ________
Docusign Envelope ID: 0787DDBD-7534-43B1-BC8D-9AFC14502020 1237
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1 AGREEMENT FOR PROPERTY MANAGEMENT SERVICES
THIS AGREEMENT FOR PROPERTY MANAGEMENT SERVICES (this
“Agreement”) is made and entered into as of February 27, 2025, by and between the PALM DESERT HOUSING AUTHORITY, a public body, corporate and politic having a principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, (the "Authority") and National Community Renaissance of California, a California Nonprofit Public Benefit Corporation, having a principal place of business at 9692 Haven Avenue, Suite 100, Rancho Cucamonga, California 91730 (the "Manager"). The Authority and the Manager may be referred to herein individually as a "Party" and collectively as the "Parties."

RECITALS
A. The Authority is a public body, corporate and politic, designated to be the operator of those certain real properties described on Exhibit A attached hereto and incorporated herein by this reference (the "Properties").

B. The Manager is engaged in the business of managing, maintaining, repairing, operating and leasing apartment buildings, and has represented to the Authority that the Manager is experienced and competent in said business.

C.The Authority and the Manager desire to enter into this Agreement.

NOW, THEREFORE, in consideration of the foregoing premises and of the mutual and dependent covenants contained in this Agreement, the Parties agree as follows:

1. Effective Date. The effective date of this Agreement (the "Effective Date") shall be June 1, 2025.

2. Appointment. The Authority hereby appoints the Manager and the Manager accepts appointment as the manager of the Properties on the terms and conditions set forth in this Agreement. The Parties acknowledge and agree that this Agreement is only a Management Agreement between the Parties, that the Parties are not joint venturers or partners, and that the Manager shall not be deemed to be an employee of the Authority. The Manager shall at all times be an independent contractor. The Manager agrees and covenants that it is not entitled to and will not take any tax position that is inconsistent with being a service provider to the Authority with respect to the Properties. By way of example only, the Manager hereby agrees and covenants that it will not claim any depreciation or amortization deduction, investment tax credit, or deduction for any payment of rent with respect to the Properties or any portion thereof.
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2 3. Professional Management Standards and the Administrative Plan. (a) The Manager agrees to exert its best efforts, to furnish the services of its organization, and to exercise the highest degree of professional competence in managing the Properties and to provide the Authority with the economic return consistent with proper management under the guidelines provided by Authority for affordable housing.
(b) The Manager shall manage, maintain, repair, operate and lease the Properties consistent with other multi-unit apartment complexes or similar type properties in the surrounding vicinity with comparable facilities and amenities. (c) Notwithstanding the authority granted to the Manager by this Agreement, the Manager agrees to abide by those standards and instructions that Authority may issue from time to time in connection with the Administrative Plan (the “Administrative Plan”). In the event of any inconsistency between this Agreement and the Administrative Plan, this Agreement shall control. The Administrative Plan adopted by Resolution No. HA-100, a copy of which shall be on file with the City Clerk, and any amendments thereto, include the statements of policies of the Authority for the purpose of property operations.
(d) The Manager hereby covenants and agrees to use the Manager's best efforts to actively manage, maintain, repair, operate and lease the Properties at their maximum potential, considering the Authority’s guidelines for affordable housing and the Administrative Plan. Manager will provide copies of any procedural manuals created for the purpose of implementing said Administrative Plan.
(e) The Manager shall be responsive to all tenant requests and concerns in a timely manner and shall make its best efforts to satisfy tenant requests and concerns at on-site offices. The Manager shall make its best efforts to notify Authority of tenant requests and concerns which are likely to be expressed by a tenant directly to the Authority. The Manager shall establish policies in order to address tenant requests and concerns and resolution in the event of a dispute in accordance with the Administrative Plan.
(f) Each of the Properties having sixteen (16) or more units shall have a member of the Manager’s management staff that shall live on-site, and serve as the caretaker for the Property at which they live (“On-site Caretaker”). The On-site Caretakers are expected to handle “routine after hours work” without having to incur overtime costs.

The Authority shall not be responsible for furnishings, equipment, postage, utilities, telephone, or such other ancillary costs of the on-site staff. The specific apartment shall be approved by the Authority prior to occupancy by staff. All other Properties having less than sixteen (16) units shall have a caretaker that lives on-site. All Properties will have an emergency contact available seven days a week, 24 hours a day. “Routine after hours work” shall include, without limitation, the following: (i) checks on security alarms or disturbances in common areas; (ii) assisting residents who are locked out of their units; 1240
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3 (iii) minor repairs of appliances, lighting or plumbing in units; (iv) maintenance of lighting in common areas; and (iv) locking and securing laundry rooms and other shared facilities.

4. Periodic Requirements
The Manager shall perform the following:
(a) Not less than once each week:
(i) A member of the Manager’s management staff will walk each property in its entirety to identify any items of concern that may or may not be visible from frequently traveled thoroughfare and prepare a detailed report of findings to be provided to Authority weekly.
(ii) Inspect all mechanical and physical systems located on the Properties and provide a report to Authority of said inspections monthly, or immediately if finding is of an emergency nature.
(b) Not less than once during every calendar month:
(i) Analyze the occupancy level of the Properties.
(ii) Analyze the financial condition of the Properties including, without limitation, cash flow, income, expenses, average turnover and turnover cost, and per unit average cost.
(iii) Provide Authority with a report regarding the status of maintenance and repair projects including those in process, upcoming, completed, and those that have not been completed or which are recommended and have not yet been implemented, and which are to be carried over to the next fiscal year. (c) Not less than once annually on or before February 1st:
(i) Prepare and deliver to Authority a comprehensive financial budget plan (Plan), described in Section 18, including reserve accounts where applicable, for the Properties for the upcoming fiscal year operations July 1 to June 30. (ii) Examine the general condition of the Properties, prepare a list of needed repairs and maintenance, and deliver that list to Authority along with the estimated costs for review. Once reviewed by Authority, incorporate estimations into the Plan. Said list will include all items identified by the Manager and be prioritized by the Manager in order of necessity. (i.e. Critical, Health and Safety, Necessary, Preventative, etc.)
(d) The Manager will notify Authority of work, supplies, services, maintenance, or repairs (emergency or otherwise) that were not included in the current operating budget but that may be necessary prior to the next operating budget year:
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4 (i) On or before December 1st of each year, the Manager will provide Authority a report of necessary budget adjustments to be made for work that was pre-approved by the Authority and estimates of anticipated work that is necessary and any justification.
(ii) In the event there are items that have not been included in the Plan or in Section 4(d)(i), above, then as necessary, the Manager will provide a report of those items by priority to the Authority. Authority staff will determine whether said requests should be forwarded as a special item to the Palm Desert Housing Authority Board (the “Authority Board”).
(e) On the basis of the information gathered pursuant to Sections (a)-(d) of this Section 4, the Manager shall recommend in writing amendments and updates to the Administrative Plan at least once annually on or before February 1st. The proposed amended Administrative Plan, together with any recommendations of the Manager for achieving maximum economic return of the Properties in light of the affordable housing requirements of the Properties, shall be submitted to the Authority. The Manager will continually review the Administrative Plan for the purpose of keeping the Authority advised of necessary or desirable changes.
(f) Crime-Free Multi Housing Program. Throughout the term of this Agreement, the Manager covenants and agrees to participate in and fully complete the City’s Crime-Free Multi Housing Program for the Properties. Evidence of compliance with this requirement shall be forwarded annually to the Authority within said twelve (12) month period.

5. Determination of Performance Criteria. The Parties have developed various performance criteria categories which will be used to evaluate the performance of the Manager. Such performance criteria categories are described on Exhibit G attached hereto and incorporated herein by reference.
(a) For each performance standard (as set forth in Request for Proposals, “Performance Standards”) that is not met in a given month by the Manager, the Authority may retain a portion of the monthly base fee owed to the Manager for the applicable month (the “Fee Retention”), as set forth below:
i. The Fee Retention shall be equal to 3% of the monthly base fee for each of the following performance standards that the Manager fails to meet in a given month: (i) Tenant Accounts Receivable, (ii) Vacancy rate, (iii) Vacant Unit Turn-around, and (iv) Work Order completion time. For the avoidance of doubt, when calculating the Fee Retention, a separate 3% retention shall apply for each performance standard that the Manager has failed to meet in a given month. For example, if the Manager fails to meet three of the above listed performance standards in a given month, the Fee Retention for that month would be 9%.
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5 ii. The Authority shall be entitled to retain 3% of the monthly base fee for each performance standard that the Manager has failed to meet in a given month until the Manager’s failure to meet such performance standard has been cured. A failure to meet a performance standard set forth in subsection (i) above shall be deemed cured when the cumulative average of performance of the applicable performance standard in the previous four month period is equal to the applicable performance standard. For example, if the Manager fails to achieve the then applicable vacancy rate standard in a given month, such failure to meet the vacancy rate standard shall not be deemed cured until the average of vacancy rate performance standards for a four month period is greater than or equal to the then-applicable vacancy rate standard. Once a Manager’s failure to meet a given performance standard has been cured, the Manager shall be entitled to payment of any fee retained for that performance standard.

6. Term. The Parties agree that the term ("Term") of this Agreement shall be for 61 months, commencing June 1, 2025, and ending June 30, 2030, and may be extended in accordance with the provisions of Section 28 below. Following the initial term of the contract, the Authority may opt to extend the contract for two (2) additional terms of three (3) years each term and expiring June 30, 2036. Contract extensions may be exercised contingent upon satisfactory performance and at the sole discretion of the Housing Authority, and in accordance with the provisions of Section 28 below.

Notwithstanding the foregoing, Manager shall have the right to enter the Properties during the Transition Period, pursuant to the terms of that certain Management Transition Addendum to Agreement for Property Management Services (the “Addendum”), attached hereto and incorporated herein by reference.

7. On-Site Management Office. The Authority shall provide adequate space on the Properties for a management office in accordance with Exhibit C attached hereto and incorporated herein by this reference. The Manager shall prepare and submit designs and budget for pre-approval to furnish and/or refurbish the management offices.

The Authority shall pay all approved expenses related to such office, including, but not limited to, furnishings, equipment, postage, office supplies, electricity, telephone, answering service, and security monitoring services, if any. The Authority shall retain ownership of all of the foregoing purchases.

8. Information on the Properties. The Manager acknowledges that it has been furnished with any available building plans and specifications as well as environmental reports, if available, for each of the Properties. The Manager also acknowledges that it has received copies of any available manufacturer's preventive maintenance schedules, guarantees and warranties pertinent to the fixtures, mechanical equipment, and appliances used in the operation of the Properties. The Manager shall maintain files for each of the Properties with current plans and specifications, environmental reports, manufacturer's preventive maintenance schedules, guarantees and warranties pertinent to any new installations, repairs, fixtures, appliances as well as any equipment, used in the operation of the Properties.
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6 9. Familiarity With Equipment. The Manager has become thoroughly familiar with the character, location, construction, layout, plan and operation of the Properties, and especially of the electrical, heating, plumbing, air conditioning and ventilation systems, and all other mechanical equipment, and the Manager shall maintain such familiarity.

10. Leasing. The Manager will act as the Authority's exclusive agent in leasing the dwelling units (each, a “Unit”, and collectively, the "Units") in the Properties. The following provisions will apply:
(a) The Manager shall use all reasonable efforts to keep the Properties leased by procuring tenants for the Properties and negotiating and executing on behalf of the Authority all leases for the Units. The Manager is authorized to enter into and execute initial leases with tenants for a minimum term of six (6) months and a maximum term of 12 months without the further written approval of the Authority. The Authority shall provide the Manager with income and rent guidelines for each of the Properties annually or as frequently as Department of Housing and Community Development (“HCD”) issues adjustments to the Riverside County Median Income levels. Such guidelines shall include a provision for utility allowances, if applicable, as set by the Riverside County Housing Authority which are in effect at the time the rents are established. Any lease for a shorter or longer period shall require the prior written consent of the Authority. The Manager shall also submit on or before the 10th of each month to the Authority copies of all notices terminating any tenant leases and all notices to vacate served on any tenant prior to the expiration of the lease term or after the expiration of the lease term if tenancy has converted to month-to-month, together with an explanation for the applicable notice. The Manager shall provide Authority with the equipment detail of each Unit annually for the purpose of determining the proper utility allowances by March 1st of each year. (b) The Manager shall lease all the Units in accordance with the terms of this Agreement, in compliance with all applicable federal, state, and local laws, in accordance with the Administrative Plan and any further direction from the Authority. (c) The Manager will be responsible for screening and selection of existing and prospective tenants in accordance with affordable housing guidelines and applicable federal, State and local laws. The Manager will follow the tenant selection policy described in the Administrative Plan and will show the Properties to all prospective tenants who qualify under the Authority’s affordable guidelines based on the waiting list policy and Unit availability.
(d) The Manager will prepare and verify eligibility certifications and recertifications in accordance with the guidelines established by the Authority. Rents will be adjusted pursuant to the Rent Setting Policy of the Authority adopted by Resolution HA-62, a copy of which shall be on file with the City Clerk, and any amendments thereto. (e) The Manager shall not decline to lease any Unit on the Properties to a prospective tenant, or otherwise discriminate, on the basis of race, color, national origin, ancestry, sex, gender, gender identity, gender expression, religion, physical or mental 1244
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7 disability, genetic information, marital status, familial status, sexual orientation, or any other classification then protected by law.
(f) Prior to executing any lease with a tenant, the Manager shall obtain the written consent of the prospective tenant to perform a complete background check, and shall perform same, including: (1) investigate the financial ability and history of the prospective tenant to pay rent, (2) perform necessary credit checks, (3) obtain references from employers and prior landlords, (4) verify the income of tenants as specified in the Administrative Plan, (5) verify all matters that are required to be checked by federal and/or state law, in accordance with the type of affordable funding involved, and (6) verify those matters that may and should be checked to ensure and promote the safety and welfare of all tenants of the Properties, the Manager’s staff and the public. A non-exclusive list of the required and permissive verifications, consent language and sampling of reputable online resources are set forth in Exhibit K, as may be modified by changes in applicable law. The Manager shall comply at all times with applicable federal, state and local law in all aspects of the tenant screening and application process.

11. Security Deposits. The Manager will collect, deposit, and disburse security deposits in accordance with the terms of each tenant's lease. The amount of each security deposit will be as specified in the Administrative Plan or applicable law. The collection and disbursement of security deposits will also be governed by the then applicable state and local laws. All tenant security deposits will be placed in one or more trust accounts separate from all other accounts and funds of the Manager and/or the Authority. The security account or accounts will be established at a bank as specified by the Authority whose deposits are insured by an agency of the United States government.

The security deposit account or accounts will be carried in the Authority's name and designated on record as “PDHA Security Deposit Account” and in addition, the Director of Finance of the City of Palm Desert (the "Director of Finance"), his/her designees, and up to four designated representatives of the Manager shall be included as signatories to the security deposit account or accounts. The balance of the security deposit account or accounts shall not be used to pay general operating expenses without the written consent of the Authority. Notwithstanding the foregoing, security deposits received must be documented and accounted for at all times and the Manager must comply with any applicable state and local laws concerning interest payments on security deposits. The number and structure of security deposit accounts is set forth in Exhibit D attached hereto and incorporated herein by this reference.

12. Collection of Rents and Other Receipts. The Manager will collect when due all rents, charges and other amounts receivable on the Authority's account in connection with the management, maintenance, repair, operation, and leasing of the Properties.

Such receipts (except for tenants’ security deposits, which will be handled as specified in Section 11 above) will be deposited in an account or accounts (the “General Operating Account”), separate from all other accounts and funds, of the Manager, at the bank as specified by the Authority whose deposits are insured by an agency of the United States Government. This account or accounts will be carried in the Authority's name and designated on record as “PDHA General Operating Account" and in addition, the Financial Operations Manager, the Director of Finance, his/her designees, and up to four designated representatives of the Manager shall be included as signatories to this 1245
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8 account, or accounts. The number and structure of operating accounts is set forth in Exhibit D attached hereto and incorporated herein by this reference.

13. Enforcement of Leases. The Manager will ensure full compliance by each tenant with the terms of that tenant's lease. Involuntary termination of tenancies shall comply with all applicable laws and regulations. The Manager is designated as the Authority’s agent with the right to enter and take possession of the Units, in accordance with applicable law, and shall lawfully terminate any tenancy when, in the Manager's reasonable judgment, sufficient cause (including, but not limited to, nonpayment of rent) for such termination occurs under the terms of the tenant's lease. For this purpose, the Manager is authorized to consult with legal counsel qualified to bring unlawful detainer actions and to execute notices to vacate and judicial pleadings incident to such actions.

The Manager shall keep the Authority informed of such actions and follow such direction as the Authority may provide for the conduct of any such action. Attorney’s fees and costs incurred in connection with unlawful detainer actions will be paid out of the General Operating Account as an expense of the Properties. Notwithstanding the foregoing, the Manager is at all times ultimately responsible for the enforcement of leases. Payment by the Authority of legal fees and costs incurred in connection with unlawful detainer actions does not create an attorney-client relationship between the Authority and the Manager’s unlawful detainer legal counsel.

14. Maintenance and Repair. The Manager will maintain the Properties in good, clean, safe and sanitary condition in accordance with the Administrative Plan and local codes and in a condition acceptable to the Authority at all times. This will include, but not be limited to, cleaning, painting, plumbing, grounds care, and such other maintenance and repair works as may be necessary, subject to any limitations imposed by the Authority in addition to those contained herein. The Manager will ensure all vendors maintain the required licensing, insurance, permits, and approvals for any work performed in accordance with this Agreement, as well as all local, state, and federal codes and regulations. The Manager will maintain an on-site property entry log for all vendors.

Incident thereto, the following provisions will apply:
(a) The Manager will complete preventative maintenance activities in the most cost effective and efficient manner as possible, while maintaining the quality of the Properties.
(b) The Manager will contract in compliance with Section 21 hereof with qualified independent contractors for the maintenance and repair of roofs, air-conditioning and heating systems, and for extraordinary repairs beyond the capability of regular maintenance employees.
(c) The Manager is aware of the requirements of California Labor Code Section 1720 et seq., 1770 et seq., and California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”) which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. The projects performed under this contract may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. If the services are 1246
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9 being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, the Manager agrees to fully comply with such Prevailing Wage Laws, including but not limited to requirements related to public works contractor registration and maintenance and submittal of certified payroll records. The Authority shall provide the Manager with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. The Manager shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services and shall post copies of the Manager’s principal place of business and at the project site. The Manager shall defend, indemnify, and hold the Authority, its elected official officers, employees, and agents free and harmless from any claim or liability arising of any failure or alleged failure to comply with the Prevailing Wage Laws. (d) The Manager will systematically receive and investigate all service requests from tenants, take such action thereon as may be warranted and will keep records of the same. Service requests will be addressed within four working days; provided, however, emergency requests will be received and serviced on a 24-hour basis.

The Manager shall promptly investigate and respond to serious complaints as appropriate, and shall comply with all applicable federal and state laws in connection with same, including but not limited to the requirements of the Fair Employment and Housing Act and other applicable fair housing laws, and shall promptly report such complaints and the Manager’s response thereto to the Authority. The Manager shall advise tenants to report to law enforcement all complaints involving actual or threatened criminal activity.

The Manager shall provide the Authority with a monthly summary of all serious complaints received by the Manager. This summary shall include a brief description of each complaint and the Manager’s response thereto.
(e) The Manager is authorized to purchase while complying with the provisions of Section 21, on behalf of the Authority, all materials, equipment, tools, appliances, supplies and services necessary for proper maintenance and repair. The Authority shall retain ownership of all said materials, equipment, tools, appliances and supplies.
(f) Notwithstanding any of the foregoing provisions, the prior written approval of the Authority will be required for any maintenance or repair project in which the overall cost is expected to exceed $15,000 for labor, materials, and/or otherwise in connection with the maintenance and repair of the Properties. This limitation does not apply to recurring expenses within the limits of the operating budget or to emergency repairs involving manifest danger to persons or property, or that are required to avoid suspension of any necessary service to the Properties. In the latter event, the Manager will inform the Authority in writing of the facts as promptly as possible. For purposes herein, “recurring expenses” shall include utilities, pest control, laundry services, pool services, courtesy patrol, regulatory permits, and vermin extermination. (g) The Manager shall enter into all service contracts (such as pool maintenance/repair, laundry, vermin extermination and landscape maintenance) in accordance with Section 21 and maintain all required permits and approvals on equipment, pools, facilities, etc. for each of the Properties. 1247
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10 (h) The Manager shall not undertake any work of construction or any work which would modify or change the exterior of any building or grounds.

15. Utilities and Services. The Manager will make arrangements for water, electricity, gas, sewage and trash disposal, telephone and cable service for the Properties. The Manager will enter into such contracts as may be necessary to secure such utilities, acting as Manager for the Authority.

16. Employees.
(a) All personnel of the Manager involved with the management, maintenance, repair, operation or leasing of the Properties will be employees of the Manager and will be hired, paid, directed, supervised, and discharged by the Manager.

The Manager will provide sufficient resources (staff and/or services) in order to fulfill its obligations to the Authority under the terms of this Agreement. All costs associated with hiring and discharging of such employees will be borne by the Manager. The Manager warrants that it has established employment policies in accordance with employment laws and said policies include a drug free workplace or similar substance abuse policy, a zerotolerance violence in the workplace policy and all other policies mandated by state and Federal law. The Manager warrants that all of its employees meet all qualifications, licensing and code requirements, applicable to completing assigned tasks. The Manager warrants that training will be provided to employees as may be required by local, state or federal law and will be conducted by an individual or entities qualified to provide such training. It is understood that, subject to sub-Sections (b) and (c), below, all direct costs associated with employees working "on-site" and specifically identified on Exhibit F will be borne by the Authority to include their direct salary (but not bonuses or overtime that have not been preapproved by the Authority), Social Security taxes, employment taxes, medical insurance, Pension Plan, Worker's Compensation, uniforms, Housing allowance and other benefits (if applicable). Any costs associated with overtime will only be paid by the Authority when preapproved by the Authority. The Authority shall have the right to interview and approve the hiring of any prospective site managers or regional (non-site specific) staff included in Exhibit “F”. Only the cost of those positions set forth on Exhibit F shall be paid by the Authority. Positions may be added, deleted or modified from Exhibit F based on property need with approval of the Manager and the Executive Director of the Authority. Notwithstanding the foregoing, all personnel of the Manager are exclusively the employees of the Manager, and not of the Authority. (b) The Manager shall have full and exclusive responsibility and liability for payment of all federal, state and local payroll taxes and for contributions for unemployment insurance, Social Security (FICA) and other benefits imposed or assessed under any provision of law or by regulation, and which are measured by salaries, wages, or other remuneration paid or payable by the Manager to its employees engaged in any work in connection with this Agreement or indicated herein, for the payment of which the Authority will reimburse the Manager, subject to the written approval of the Finance Director. The Manager shall have full and exclusive responsibility and liability for the withholding and payment of any income taxes required to be withheld from the wages or salaries of said employees under any provision of law or regulation. The Manager agrees 1248
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11 to save and hold the Authority harmless from all claims for penalties, interest, or costs which may be assessed under any law or any rules or regulations thereunder with respect to its failure or inability to perform the aforesaid responsibilities. (c) Upon ten days demand from the Authority, the Manager shall cause any employee of the Manager to be removed from the Properties, including any corporate employee not included on Exhibit F, at the Manager's sole cost and expense. (d) The Manager shall be solely responsible for the methods and means of managing its personnel to achieve the desired results. Authority’s authority over and involvement in the Manager’s employment matters shall be limited consistent with the Manager’s status as sole employer of its employees.

17. Disbursements from General Operating Account.
(a) From the funds collected and deposited by the Manager in the General Operating Account pursuant to Section 12 above, the Manager will make or request the following disbursements promptly when payable:
(i) The Manager shall request from the Director of Finance of the Authority reimbursement to the Manager for the actual compensation payable to employees specified in “Exhibit F”, together with the actual cost of the medical insurance, dental insurance, life insurance, Workers Compensation insurance, and taxes and assessments payable to local, state and federal governments actually paid by Manager in connection with the employment of such employees, as determined by the Manager and approved by the Director of Finance of the Authority, or his/her designees. The Manager shall be required to provide the Director of Finance of the Authority, or his/her designee, with financial statements or other documentation, as may be reasonably requested by the Director of Finance of the Authority, or his/her designee, substantiating the requested reimbursement.
(ii) Notwithstanding the provisions of sub-Section (a)(i), above, the Manager shall make disbursements of all sums otherwise due and payable by the Authority as expenses of the Properties authorized to be incurred by the Manager under the terms of this Agreement, including compensation payable to the Manager, pursuant to Section 27 below, for its services hereunder.
(iii) All checks between $2,500 and $4,999 shall require at least two signatures. All checks over $5,000 shall require at least two signatures, one of which must be the signature of an authorized representative of the Authority. a. Check requests for second signature must be
accompanied by adequate documentation to ensure that vendor limits are not exceeded. (iv) All wire transfers will be initiated by the Director of Finance of the Authority or his/her designee.
(b) Except for the disbursements mentioned in Section 12 above, funds will be disbursed or transferred from the General Operating Account only as the Authority 1249
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12 may from time to time direct in writing. The Manager reimbursement checks in excess of $500 shall require signatures of both the authorized signatory of the Manager and the Finance Director of the Authority or his/her designee.
(c) In the event the balance in the General Operating Account is at any time insufficient to pay disbursements due and payable under Section 17(a) above, the Manager will inform the Authority prior to disbursing funds of that fact and the Authority’s Director of Finance will then remit to the Manager sufficient funds to cover the delinquency. In no event will the Manager be required to use its own funds to pay such disbursements that are directly related to the operation of the Properties. (d) The Authority will pay for or reimburse to the Manager only those expenses that are expressly authorized by this Agreement to be borne by the Authority.

Any expenses incurred by the Manager as a result of any legal judgment or administrative ruling against the Manager or its officers, employees or agents, or any monetary settlement in lieu of same to resolve any dispute, or the costs incurred by the Manager in connection therewith, including attorneys' fees for advice to or defense of the Manager, shall be the sole responsibility of the Manager. In the event any Authority monies have been disbursed for this purpose, the Manager shall immediately reimburse the Authority.

The Authority may, in its sole discretion, elect to pay or reimburse the Manager for all or a portion of such expenses and/or costs if the Authority deems that to be in the best interests of the Authority or the community which it serves or to promote the public health, safety and/or welfare, and only upon written agreement between the Authority and the Manager, signed by each of the Parties.

18. Budgets. The Manager will prepare and submit annual operating budgets for the Properties in forms satisfactory to the Director of Finance, which budgets shall include but not be limited to the following: Current Year Final Budget Adopted; Current Year Expected Actual; Upcoming Year Budget Request; Detailed Descriptions for any marginal deviations from Current Year; Detailed Descriptions for any Capital Expenditures for each Property; including Reserve Accounts where applicable; and Exhibit F described above. Except as permitted under Section 14(e) above, annual disbursements for operating expenses will not exceed the amount authorized by the approved budget without the prior written consent of the Authority. The Manager shall prepare a recommended operating budget for each fiscal year during the term of this Agreement, and shall submit to the Authority by March 1st of each year for the following fiscal year (July 1 to June 30). Additionally, the Manager shall prepare and submit to the Authority a budget for each fiscal year thereafter covering the period from July 1 through the next following June 30. Each year of the term the Authority will promptly inform the Manager of any changes incorporated in the approved budget, and the Manager will keep the Authority informed of any material anticipated deviation from the receipts or disbursements stated in the approved budget. The Manager may, upon the written request and after receipt of written approval of the Authority, make disbursements exceeding the budgeted allowances within the budgeted categories for the Properties.

19. Records and Reports. In addition to any requirements specified in the Administrative Plan or other provisions of this Agreement, the Manager will have the following responsibilities with respect to accounts and reports:
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13 (a) The Manager will establish and maintain, on a modified accrual basis, a comprehensive system of records, books and accounts in a manner satisfactory to the Authority. All records, books and accounts will be subject to examination at reasonable hours by any authorized representative of the Authority. The Manager shall maintain the books and records in good condition and order and shall preserve the books and records for such time-period as the Authority would be legally required to preserve and maintain the books and records.
(b) The Manager will be subject to a quarterly review and an annual audit conducted by a firm of the Authority's choice. The Manager agrees to make available all applicable records to the Authority's auditors for annual review. The report will be prepared in accordance with generally accepted auditing standards. The audit report submitted by the audit firm will also be subject to a single audit at the Authority's discretion. The preparer’s services will be an expense of the Authority. (c) The Manager will furnish information as may be requested by the Authority from time to time with respect to the financial, physical or operational condition of the Properties, including, without limitation: (i) calculation and billing rent and other tenant charges; (ii) maintaining accounts receivable and delinquency records; (iii) maintaining rent rolls; (iv) processing and paying operating and capital invoices; (v) recording activity and comparing such activity to budgeted amounts; (vi) reconciling all expenditures; (vii) remitting excess funds to the Authority and requesting needed funds from the Authority; (viii) processing payroll for personnel employed in the discharge of this Agreement and in compliance with taxing authorities and other reporting requirements associated with payroll; and (ix) reports detailed in Exhibit I. (d) By the 15th day of each month, the Manager will furnish the Authority with an itemized list of all delinquent accounts, including general operating accounts, as of the tenth day of the same month.
(e) The Manager shall submit to the Authority’s Finance Director those reports set forth in Exhibit H on the periodic basis set forth in Exhibit H. Reports designated as “monthly” on Exhibit H shall be submitted by the 15th day of each month; reports designated as “quarterly” shall be submitted by the 15th day of every third month, and reports designated as “annual” shall be submitted at the end of the fiscal year or the end of the calendar year as set forth on Exhibit H. In explanation but not limitation of the foregoing, the monthly reports to be submitted include: a statement of receipts and disbursements during the previous month; a schedule of accounts receivable and payable; reconciled bank statements for all accounts maintained by the Manager on behalf of the Authority reflecting disbursements and deposit amounts as of the end of the previous month; a copy of general ledger account transactions and monthly aggregate utility consumption by utility; and such other matters relative to the management, operation, and maintenance of the Properties including actual income and expense balances compared to budgeted or expected results as required by the Finance Director of Authority. Additional reports may be requested throughout the year as the Authority deems necessary.
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14 (f) On the 15th day of each month, the Manager will submit to the Authority the reports listed on Exhibit I attached hereto and incorporated herein by reference, to assist the Authority in determining compliance with that certain Stipulation for Entry of Judgment in case number Indio 51124 as consolidated with case numbers Indio 51143 and 51159 which has been provided to the Manager. (g) Confidentiality. All books, records, operating statements, leases, and other material or information relevant to the operation or financial nature of the Properties shall be maintained in the strictest confidence and shall not be available to any employee or salesperson of any affiliate of Manager, nor to any other party without the prior written consent of the Authority or under compulsion of law (e.g., subpoena).

20. Fidelity Bond. The Manager will place the Properties on a master fidelity bond, which provides blanket coverage equal to two months gross rent potential. The bond will provide coverage for all principals and agents of the Manager and all persons who participate directly or indirectly in the management of the Properties and their assets, accounts and records. The premiums for such a bond will be paid and borne by the Manager. Specifically, coverage for the Manager, including all applicable persons in the Manager's employ, will be paid by the Manager, and coverage for the Authority’s personnel, if applicable, will be paid by the Authority. Said fidelity bond shall be issued by a company which is reasonably acceptable to the Authority, and the Manager shall deliver to the Authority a copy of said fidelity bond upon execution by the Authority of this Agreement.

21. Bids, Discounts, Rebates or Commissions. The Authority and the Manager agree to adhere to the City of Palm Desert’s purchasing policy procedures set for the in Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto, when obtaining contract materials, supplies and services for the Properties and to secure and credit to the Properties all discounts, rebates and commissions obtainable with respect to purchases, service contracts and all other transactions on behalf of the Properties. The Manager agrees that no goods and services shall be purchased from individuals, related companies and companies having a financial or pecuniary interest (a "conflict-of-interest") with the Manager. All vendor accounts shall be opened in the Authority's name, upon prior written approval of the Authority.

The Manager will develop detailed scopes of work, materials, supplies, equipment and contractual services for any work or repair the cost of which may exceed $15,000 for a single Unit or project. The Manager shall comply with the procedures set forth in Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto, in connection with the purchase of any materials, supplies, equipment and contractual services to be paid for by the Authority under this Agreement.

Copies of all required bids and documentation of all other written or verbal cost comparisons made by the Manager shall be made part of the records of the Properties and shall be retained for three years from the date the work was completed or as required by the City of Palm Desert’s Retention Policy. This documentation shall be subject to inspection by the Authority, or its designee and the Manager agrees to submit such documentation upon request. Further, the Manager shall annually submit a report to the 1252
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15 Authority describing the outcome of all bidding procedures, which report shall include the names of all bidders and the amount of their bids and shall indicate to which bidder the contract was awarded.

The Manager agrees to make available to the Authority, when requested, all records of the Manager, which relate to the provision of goods or services to the Authority whenever funds from the Properties have been used to pay for such goods and/or services (other than management services).

22. Resident Services Program. The Manager will be responsible for carrying out any resident retention or social services program described in the Administrative Plan and any other program or service that may become available that are in the best interest of the residents or community to promote public health, public safety or tenant welfare (collectively, the “Resident Services Program”). The Resident Services Program will be carried out by the Resident Services Coordinator, as designated on Exhibit F.

23. Resident - Management Relations. The Manager will establish quarterly meetings with tenants at Properties containing 150 or more units to encourage and promote communication and tenants’ initiatives.

24. Defense, Indemnity and Hold Harmless Agreement. Except for losses arising out of Manager’s sole negligence, gross negligence, or willful misconduct, or covered by insurance required by section 25, the Manager and Authority agree that the Manager, and their respective officials, officers, employees, and agents including the Manager (collectively “Indemnitees”) should, to the extent permitted by law, be fully protected against any loss, injury, damage, complaint, claim, lawsuit, cost, expense, attorneys fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the Manager’s performance of this Agreement. Accordingly, the provisions of this defense, indemnity and hold harmless provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the Indemnitees. The Manager shall be named as an additional insured under Authority’s comprehensive liability policy or coverage programs (as applicable) covering the Properties. The Authority’s insurance Notwithstanding anything contained in this Agreement to the contrary, all Authority coverage programs shall be primary not and noncontributory with any insurance maintained by Indemnitees. The Authority shall retain coverage sufficient to meet the duties and obligations assumed under this Agreement. All obligations under this provision shall be paid by the Authority as they are incurred by the Manager. The Authority shall defend the Manager, and bear the expense thereof, with lawyers approved by the Manager, such approval which shall not be unreasonably withheld.

25. Professional Services Insurance Requirements.
(a) The Manager shall not commence work under this Agreement until it has provided evidence satisfactory to the Authority that it has secured all insurance required under this Section. In addition, the Manager shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the Authority that the subcontractor has secured all insurance required under this section. 1253
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16 (b) Automobile Liability Insurance. The Manager shall maintain automobile liability insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Manager arising out of or in connection with Work to be performed under this Agreement, including $1,000,000 combined single limit for each accident including coverage for any owned, hired, nonowned or rented vehicles. (c) Professional Liability (Errors & Omissions). The Manager shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 per claim and policy shall not exclude discrimination, fair housing, and American with Disabilities act, and sexual molestation violations. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and the Manager agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. (d) Workers’ Compensation/Employers' Liability Insurance. The Manager shall procure and maintain Workers' Compensation insurance complying with California workers’ compensation laws, including statutory limits for workers’ compensation and an Employer’s liability limit of $1,000,000 per accident or disease.

Unless otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the Authority, the Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert, and their respective officials, officers, employees, volunteers, and agents.
(e) Fidelity Coverage. Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence.
(f) Cyber Liability Insurance. Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage:
i. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination, or use of the confidential information.
ii. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
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17 iii. Liability arising from the failure of technology products (software) required under the contract for consultant to properly perform the services intended. iv. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. v. Liability arising from the failure to render professional services. (g) (g) Employment Practices Liability. The Manager shall maintain employment practices liability insurance in the minimum amount of $1,000,000 per occurrence/$2,000,000 general aggregate.
(h) The Manager will maintain Commercial General Liability Insurance coverage with respect to bodily injury, death and property damage (on an occurrence basis) in an amount of at least $1,000,000 per occurrence, $2,000,000 aggregate combined single limit for bodily injury and property damage, and $2,000,000 products/completed operations. Such policy will not have exclusions for Abuse and Molestation and/or Assault and Battery. Notwithstanding the provisions of this subclause (h) requiring the Manager to maintain the aforesaid insurance coverage, nothing herein shall modify or alter the provisions of Section 24 requiring that the Authority’s coverage program be primary and non-contributory nor modify or alter the Authority’s indemnification obligations as set forth therein.
(i) The Manager will maintain Pollution Liability insurance coverage in an amount not less than $1,000,000 each occurrence / $2,000,000 Aggregate. This policy shall provide coverage for bodily injury and property damage with no exclusions for asbestos, lead and/or mold.
(h)(j) Evidence of Insurance. The Manager shall provide evidence of the insurance required herein, satisfactory to the Authority, consisting of certificate(s) of insurance evidencing all of the coverages required by this Agreement. In addition, the Manager agrees to provide complete copies of all policies of insurance to the Authority annually or upon request. The Certificate(s) shall reflect that the insurer will provide 30- days notice of any cancellation or modification of coverage to the Additional Insureds, per the terms of the policy. The Manager agrees to require its insurer to modify the certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable.

Nothing contained in this Agreement or any other agreement relating to the Authority or its operations shall limit the application of such insurance coverage. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf and are to be provided on standard ISO forms noted above. All endorsements are to be received and approved by the Risk Manager prior to the commencement of work. (h)(k) No Limitation on other Insurance. Requirements of specific coverage features or limits contained in this Section 25 are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification 1255
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18 only and is not intended by any Party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
(i)(l) Subrogation. All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit the Manager, its employees, or agents, from waiving the right of subrogation prior to a loss. The Manager hereby waives all rights of subrogation against the Authority, the Successor Agency to the Palm Desert Redevelopment Agency, and the City of Palm Desert.
(j)(m) Authority's Right to Purchase Replacement Insurance. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, the Authority has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the Authority will be promptly reimbursed by the Manager.
(k)(n) Proof of Insurance. The Manager shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished not more than 72 hours after the expiration of the coverage(s). Any actual or alleged failure on the part of the Authority or any other of the Additional Insureds under these requirements to request or obtain proof of insurance required under this Agreement in no way waives any right or remedy of the Authority or any other of the Additional Insureds, in this or any other regard.
(l)(o) Subcontractor Proof of Insurance.
(i) Subcontractors Performing Recurring Work or Work in Excess of $2,500. The Manager shall require all subcontractors or other parties which provide (i) recurring services to the Properties, or (ii) services in excess of $2,500 in a six month Period (a "Major Subcontractor") to the Properties to provide the same minimum insurance coverage required of the Manager and Workers Compensation insurance to conform with the requirements of this section. The Manager agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. The Manager agrees that upon request, all agreements with Major Subcontractor, or others with whom the Manager contracts with on behalf of the Authority, will be submitted to the Authority for review. For purposes of this Section a contractor or party hired for the work shall be deemed to be performing "recurring work" in the event that contractor or party hired performs in excess of a single segregated or discrete project in any six-month period. The Manager agrees to obtain certificates evidencing such coverage and to make reasonable efforts to ensure that such coverage is provided as required herein. Failure of the Authority to request copies of such agreements will not impose any liability on or constitute waiver by the Authority of its rights hereunder. The Manager agrees to require that no contract used by any Major Subcontractor, or contracts the Manager enters into on behalf of the Authority, 1256
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19 will reserve the right to charge back to the Authority the cost of insurance required by this Agreement.
(ii) Subcontractors Performing Nonrecurring Work or Work Less Than or Equal to $2,500. The Manager shall require all subcontractors or other parties which provide (i) nonrecurring services to the Properties, and (ii) services in an amount not to exceed $2,500 in a six-month Period (a "Nonrecurring Subcontractor") to provide Commercial General Liability insurance in the amounts set forth below and Workers Compensation insurance to conform with the requirements of this section. For purposes of Section 25, a contractor or party hired for the work shall be deemed to be providing "nonrecurring work," so long as that contractor or party hired for the work does not perform more than a single segregated or discrete project in a six-month period. In the event a Nonrecurring Subcontractor performs more than a single discrete project in a six-month period or work exceeding $2,500 in value, that Nonrecurring Subcontractor shall lose its status as a “Nonrecurring Subcontractor” and shall be automatically deemed a “Major Subcontractor”. The liability limits for Nonrecurring Subcontractors shall provide no less than $500,000 per occurrence for all coverages and $500,000 in the general aggregate.

The Manager agrees to verify such coverage and make reasonable efforts to ensure that such coverage is provided as required herein. The Manager agrees to require that no contract used by any Nonrecurring Subcontractor, or contracts the Manager enters into on behalf of the Authority, will reserve the right to charge back to the Authority the cost of insurance required by this Agreement. The Manager agrees that upon request, all agreements with Nonrecurring Subcontractors, or others with whom the Manager contracts on behalf of the Authority, will be submitted to the Authority for review. Failure of the Authority to request copies of such agreements will not impose any liability on the Authority nor constitute a waiver of the rights of the Authority hereunder.

26. Compliance With Governmental Orders. The Manager will take such action as may be necessary to comply promptly with any and all governmental orders or other requirements affecting the Properties, whether imposed by federal, state, county or municipal authority. Notwithstanding the foregoing, the Manager shall take no such action so long as the Authority is contesting, or has affirmed its intention to contest, any such order or requirement. The Manager will notify the Authority in writing of all notices of such orders or other requirements as soon as possible from the time of their receipt.

27. Manager's Compensation. The Manager will be compensated for its services under this Agreement by monthly management fees. Such fees will be payable on the first day of each month, in arrears, for the services provided in the prior month for the term of this Agreement. For the purpose of this Section, the term ‘occupied units’ shall include those Units which are currently leased, on notice to vacate, or temporarily vacant due to a move out. For the avoidance of doubt ‘occupied units’ shall not include units occupied by the Manager’s management staff pursuant to Section 3(f). The Management Fee (“Fee”) shall be calculated monthly according to the following schedule:
(a) In the case of occupied units, each such monthly fee shall be in the amount of $63.00 per Unit per month commencing on June 1, 2025, and an increase of 3% commencing on July 1, 2027, and biannually every January 1st thereafter for the 1257
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20 remainder of the Term of this Agreement including contract extensions, if any); except as follows:
(i) For Units where a Notice of Termination of Tenancy (“Notice”) was provided by the tenant as required (30 calendar day notice) and a Unit remains vacant for 30 calendar days or more, the Manager will not be entitled to the monthly fee, except in those circumstances where the vacancy is the result of the Authority’s leasing process for affordable Units.
(ii) For Units where no Notice was given, the tenant chose to ‘quit’ or the tenant skipped, and a Unit remains vacant for 45 calendar days or more, the Manager will not be entitled to the monthly fee.
(b) In the case of unoccupied Units (except those Units described in Section 27(c-e) below), each such monthly fee shall be as follows:
(i) $63.00 per Unit per month for the first four months for Units that have been determined, in the Authority’s sole and absolute discretion, to be ‘unrentable’ or ‘down’ due to physical condition or damage. Unless otherwise determined by the Authority, the Manager is expected to repair said Units within the four months. If the Manager fails to repair units within the given time, no fee will be paid until the unit is available for occupancy.
(ii) No Fee will be paid for Units that are unrentable or down due to action or inaction by the Manager.
(c) In the case of Units that are newly constructed or newly renovated which will be added to Exhibit A, the Fee shall be $10 per Unit per month commencing at such time as the construction/renovation has reached 90% completion as determined by the contractor’s billing until Certificate of Occupancy, in the case of new Units, or Certificate of Completion, in the case of renovated Units, is issued. (d) In the case of Units which were ‘down’, as described in Section 27(b)(i) and direction has been given to the Manager by the Authority not to repair said Units, commencing with the fifth month, the Fee shall be reduced to $20 per Unit per month until the Manager is no longer responsible for said Units. (e) Except as otherwise expressly provided in this Agreement, all employees not identified in Exhibit F and other overhead expenses of the Manager (including but not limited to costs of office supplies and equipment, postage, transportation, travel expenses for managerial personnel and telephone services) will be borne by the Manager. All services for management, accounting, and reporting, with exception of the Authority's requested annual audit, shall be borne by the Manager.

In addition to the Management Fee, the site employees for the Properties shall be paid based on the Employee Salaries listed on Exhibit F attached hereto and incorporated herein by this reference.
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21 28. Termination.
(a) Authority Termination for Convenience. Authority may terminate this Agreement for convenience (a “Termination for Convenience”) by giving not less than 180 days written notice of termination. The notice of termination shall specify that the termination is for the convenience of the Authority. Upon a Termination for Convenience, the Authority shall continue to pay the Manager for all work performed up to the date of the Termination for Convenience. The Manager shall be compensated only for those services that have been satisfactorily rendered to the Authority until the date of the Termination for Convenience, and the Manager shall be entitled to no further compensation. Authority shall not be liable for any post-termination costs, lost profits, or other alleged damages resulting from a Termination for Convenience. (b) Termination For Cause: Either Party may terminate this Agreement with cause (a “Termination for Cause”) by giving written notice to the other Party not less than 90 days prior to the date of Termination for Cause. Any such written notice for cause shall specify the default or cause for termination. If the default or cause for termination specified has not been cured within 21 days of receipt of the notice, this Agreement shall terminate on the date of termination set forth in the notice. Upon termination, the Manager shall be compensated only for those services that have been satisfactorily rendered to the Authority until the date of the Termination for Cause, and the Manager shall be entitled to no further compensation.
(c) Termination at End of Term/Extension: At least ninety (90) days prior to the automatic termination of this Agreement (the “Negotiation Period”), and unless either Party has given timely notice under this Section prior thereto, the Parties shall initiate negotiations for a new agreement for Property Management Services and use best efforts and engage in good faith negotiations to finalize such agreement and obtain final approval thereof prior to the automatic termination of this Agreement. In the event such good faith efforts are not completed before the expiration of the Term, or in the event either Party gives notice to the other during the Negotiation Period of its decision not to enter into a further term, this Agreement may be extended for not more than ninety (90) days after the giving of such notice or June 30, 2030, whichever is later, upon the written authorization of the Executive Director of the Authority. Good faith negotiations may include an extension of this Agreement up to an additional forty-eight (48) months provided that any such extension shall require the authorization of the Authority Board and shall be in writing, as an Amendment to this Agreement, signed by both Parties.

Nothing herein shall prevent the Housing Authority Board from electing to issue a Request for Proposal for Property Management Services in lieu of negotiating with Manager. (d) Bankruptcy. In the event that a petition in bankruptcy is filed by either of the Parties, or in the event that either Party makes an assignment for the benefit of creditors to take advantage of any insolvency act, this Agreement shall automatically terminate.
(e) Sale of Properties. This Agreement shall automatically terminate, upon the sale of the Properties, or as to any Property, on the sale of such Property, except that, this provision shall not apply in the event of a sale, transfer, or re-conveyance by 1259
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22 and between the former Palm Desert Redevelopment Agency, the Authority, the Successor Agency to the Palm Desert Redevelopment Agency, the City of Palm Desert, and/or any related or successor agency or entity.
(f) Addition of Properties. In the event the Authority adds a property to its operations portfolio, the Manager and Authority’s designee may agree in writing to amend Exhibit A for the inclusion of said property. Such amendment shall be subject to the terms and conditions herein from the effective date of the amendment. (g) Exchange of Documents. Upon termination of this Agreement, the Manager will submit to the Authority any financial statements requested by the Authority and, after the Parties have accounted to each other with respect to all matters outstanding as of the date of termination, the Authority will furnish the Manager security in form and principal amount satisfactory to the Manager against any obligations or liabilities which the Manager may properly have incurred on behalf of the Authority hereunder. All of the cash trust accounts, investments, equipment and records for the Properties will be turned over to the Authority within 30 days of the date this Agreement is terminated. The Parties hereby covenant and agree that the Authority shall own the books and records for the Properties and that the Manager shall hold the books and records for the Properties for the benefit of the Authority for an agreed upon period at the time of termination.

29. Manager's Indemnification. Subject to the Manager's indemnification obligations hereunder as set forth in Section 24, the Parties understand and agree:
(a) That the Authority has assumed and will maintain its responsibility and obligation through the Term of this Agreement for the finances and the financial marketability of the Properties; and
(b) That the Manager shall have no obligation, responsibility or liability to fund authorized costs, expenses, or accounts other than those funds generated by the Properties themselves or provided to the Properties or to the Manager by the Authority.

In accordance with the foregoing, the Authority agrees that the Manager shall have the right at all times to withdraw payment of its compensation, as provided for under Section 27 of this Agreement, from the General Operating account or accounts, immediately when such compensation is due and without regard to other property obligations or expenses conditioned on the Manager having satisfactorily discharged all duties and responsibilities under this Agreement. Moreover, the Authority hereby indemnifies the Manager and agrees to hold it harmless with respect to costs, expenses, accounts, liabilities and obligations of the Properties during the Term of this Agreement and further agrees to guarantee to the Manager the payment of its compensation under Section 27 of this Agreement during the Term of this Agreement to the extent that the Operating and Maintenance Account for the Properties are insufficiently funded for this purpose. Failure of the Authority at any time to abide by and to fulfill the foregoing shall be a breach of this Agreement entitling the Manager to obtain from the Authority, upon demand, full payment of all compensation owed to the Manager through the date of such breach. 1260
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23 30. Prohibition Against Assignment and Subcontracting Management Services.

The Manager shall not assign this Agreement or subcontract any management or other services, without the express prior written consent of the Authority.

31. Notices. Except as otherwise provided by law, any and all notices or other communications required or permitted by this Agreement or by law to be served on or given to either Party to this Agreement by the other Party shall be given in writing. All such notices or other communications shall be deemed duly served and given when personally delivered to the Party to whom they are so directed, or in lieu of personal service when deposited in the United States mail, first-class postage prepaid, addressed to the respective Party as set forth below:

To the Authority:

Palm Desert Housing Authority
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attention: Housing Manager
To the Manager:

National Community Renaissance
9692 Haven Avenue, Suite 100
Rancho Cucamonga, CA 91730
Attention: Michael Ruane, President
Either Party may change its address for the purpose of this Section 31 by giving written notice of the change to the other Party in the manner provided in this Section.

32. General Provisions.
(a) Binding on Successors and Assigns. At all times, this Agreement will inure to the benefit of and constitute a binding obligation upon the Parties and their respective successors and assigns.
(b) Entire Agreement and Allowable Changes. This Agreement (including the Addendum) constitutes the entire Agreement between the Authority and the Manager with respect to the management and operation of the Properties, and all prior agreements between the Authority and the Manager regarding the subject matter of this Agreement (including the Addendum) are hereby superseded and replaced.

Changes hereto must be made by supplemental written agreement signed by the Parties.

Exhibits hereto may be amended as necessary by the written agreement of the Parties. (c) Attorneys' Fees. If any litigation is commenced between the Parties concerning the Properties, this Agreement, or the rights and duties of either Party with respect to this Agreement, the Party prevailing in the litigation shall be entitled, in addition 1261
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24 to any other relief that may be granted in the litigation, to reasonable attorneys' fees and costs.
(d) Ambiguities. Each Party and their counsel have participated fully in the drafting of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in interpreting this Agreement. (e) Severability of Agreement. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them will not be affected.
(f) Approval by Authority. Whenever a provision of this Agreement requires the delivery of documents or reports, notifications, determinations, reimbursements or requests for funding, review, authorization or approval of the Authority, such approval may be given by the Executive Director of the Authority or his/her designee, unless Authority Board action is specified in this Agreement. (g) Word Usage. Unless the context clearly requires otherwise, (a) the plural and singular shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) "shall," "will," or "agrees" are mandatory, and "may" is permissive; (d) "or" is not exclusive; and (e) "includes" and "including" are not limiting.
[Signatures on following page]
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25 Clerk QC: MN
Contract QC: ________
Insurance:
__________
Initial Review
__________
Final Approval
IN WITNESS THEREOF, the Parties have executed this Agreement on the date first above written.

AUTHORITY:

PALM DESERT HOUSING AUTHORITY,
a public body, corporate and politic
By: _____________________________
Jan C. Harnik
Chairperson
ATTEST:

By: ______________________________
Anthony J. Mejia
Secretary
APPROVED AS TO FORM:

By: _____________________________
Isra Shah
Best Best & Krieger
Special Counsel
MANAGER:

NATIONAL COMMUNITY
RENAISSANCE of California, a
California Nonprofit Public Benefit
Corporation
By: _________________________
Michael RuaneRobert Diaz
Executive Vice President
By: __________________________
Michael Finn
Chief Financial Officer
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EXHIBIT A
(PROPERTIES)

PALM DESERT HOUSING AUTHORITY

AFFORDABLE HOUSING UNITS
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EXHIBIT B
[intentionally omitted]
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EXHIBIT C

MANAGEMENT OFFICES
Location of Management Offices
One Quail Place
(located in management office)
Las Serenas
(located in management office)
Catalina Gardens
(located in management office)
Desert Pointe
(located in management office)
California Villas
(located in management office)
Laguna Palms
(located in management office)
Carlos Ortega Villas
(located in management office)
Locations Managed
One Quail Place
Las Serenas and La Rocca Villas
Catalina Gardens, The Pueblos, Candlewood Apartments, and Sagecrest Senior Desert Pointe, Taos Palms and Neighbors Apartments
California Villas
Carlos Ortega Villas
Laguna Palms and Palm Village Apartments
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EXHIBIT D

DEPOSIT ACCOUNTS
The following security deposit accounts shall be maintained by the Manager for the benefit of the Authority:

TO BE PROVIDED BY THE CITY’S FINANCE DEPARTEMNT.

The following operating deposit accounts shall be maintained by the Manager for the benefit of the Authority:

TO BE PROVIDED BY THE CITY’S FINANCE DEPARTEMNT.
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EXHIBIT E

NON-COLLUSIVE AFFIDAVIT FORM

AFFIDAVIT
State of California )
)ss.

County of Riverside )
___________________________, being first duly sworn, deposes and says:

That he is ___________________________, the party making the foregoing proposal or bid, that such proposal or bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant, or of any other bidder or to fix any overhead profit or cost element of said bid price, or that of any other bidder or to secure any advantage against the _________________________________________ or any person interested in the proposed contract, and that all statements in said proposal or bid are true.

Signature of Person Making Affidavit:
____________________________________
Subscribed and sworn to me this _______ day of __________________, 20___ My commission expires __________________, 20___
Notary Public Signature:_______________________
Official Seal:
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EXHIBIT F

PROPERTY STAFFING & SALARY RANGES
To be provided annually with the property budgets.
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EXHIBIT G

PERFORMANCE CRITERIA

1. PROPERTY PORTFOLIO NET OPERATING INCOME COMPARISON
a. Current Budget Year: July - June
b. Budgeted vs. Actual = Variance
c. Vacancy Rate Analysis

2. RESPONSE TO RESIDENT COMPLAINTS
a. Response to service requests/turn around time
b. Response to resident complaints and concerns - monthly meetings c. Response to resident complaints and concerns at site office

3. COMPLIANCE WITH AGREEMENT
a. Define any notable gross disparities from the Agreement on the following:
i. Report preparation and submittal promptness
ii. Responsiveness to Authority requests
iii. Method of accounting

4. CAPITAL IMPROVEMENTS SCHEDULE
a. Deferred Capital Improvement Schedule
b. Capital Improvement Program
c. Maintenance and general appearance of properties

5. OPERATIONS
a. Operational procedures to be audited:
i. Compliance with Stipulation
ii. Compliance with all laws including those related to property management, Fair Housing, and housing authorities
iii. Recertification
iv. Internal controls
v. Contract controls

6. ACCOUNTING AUDIT
a. Review of Annual Audit Findings
b. Quarterly Audits
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EXHIBIT G

PERFORMANCE CRITERIA

CONTINUED

7. AFFORDABLE HOUSING PROGRAM
a. Housing Authority goals
b. Management Company goals
c. Program implementation
d. Compliance with local, state, and Federal regulations e. Tenant Household Income Analysis

8. RESIDENT RELATIONS
a. Review summary responses of any resident surveys
b. Establishment of Tenant Exit Survey

9. GENERAL
a. General overview of previous operational year
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EXHIBIT H

LIST OF FINANCIAL REPORTS REQUIRED
Monthly Reports

1. Payroll register and invoices (may be submitted after every payroll or monthly).

2. Management Fee Report that includes Vacancies/Current Rental Activity submitted with invoice.

3. Disbursement/Expense Journals for each check run.

4. General Ledgers for all Properties.

5. Check Registers for all Properties.

6. Monthly Bank Reconciliations with Outstanding Check Registers.

7. Balance Sheets and/or Trial Balances for all Properties.

8. Rent Rolls for all Properties.

9. Delinquent A/R for all Properties.

10. Prepaid Listing for all Properties.

11. Income Statements with Monthly Budget Variance as well as Annual Variance.

12. Monthly Adjusting Journals.

13. Cash Receipts Journals.

Quarterly Reports

1. Security Deposit List for all Properties (If not included in the monthly rent roll)

2. Status Report on Items over 90 days (Requests to the Board for write offs, etc.)
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EXHIBIT H

LIST OF FINANCIAL REPORTS REQUIRED
- CONTINUED –
Annual Reports Required
At Fiscal Year End:

1. Schedule of Accounts Payable

2. Schedule of Accounts Receivable

3. Inventory of all Agency and Authority personal property and readily removable fixtures attached to the Properties.

4. Preliminary sets of Monthly closing reports, when requested.

5. Once audited, Final Set of all June Closing Reports

6. Schedule of Security Deposits Matching the Cash Held

7. The Report described in Section 21
At Calendar Year End:

1. Copies of the transmittals for Federal Reporting Requirements for W-2's and 1099's
Analytical Reports:

1. Upon request of the Authority, reports analyzing various information required in the above Financial Reports (May include summaries of all properties and/or multi-year information).
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EXHIBIT I
Leasing Reports:

1. Monthly Occupancy and Average Rent Statement

2. Monthly Net Operating Income Statement

3. Replacement Lists maintained continuously due at least once annually on June 30.

4. Resident Demographics Report

5. Service Request and Serious Complaints

6. Other reports as requested or as necessary to perform the requirements of the Agreement.
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EXHIBIT J
On-going services requiring written cost estimates will adhere to the City of Palm Desert’s purchasing policy procedures set for the in Ordinance No. 1392 of the City of Palm Desert, and any amendments thereto as required in Section 21 of the Management Agreement as well as for services listed below:

1. Landscape Contracts
a. Monthly Services
b. Annual Services including tree trimming, overseeding, and perennial flowers

2. Pest Control

3. Pool Services

4. Replacement Carpet and Vinyl

5. Laundry Services

6. Air Conditioning/Heating Unit Servicing, Cleaning, and Replacement Services

7. Carpet Cleaning

8. Flooring and Housekeeping Cleaning Services

9. Environmental Testing and Cleaning Services

10. Moving Company Services

11. Golf Cart Repair and Maintenance Services

12. Courtesy Patrol Services

13. Towing Services

14. Solar Maintenance Services

15. Elevator Maintenance Services
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EXHIBIT K

NON-EXCLUSIVE LIST OF REQUIRED AND PERMISSIVE BACKGROUND CHECK

INFORMATION BY TYPE OF FUNDING
Source of
Information
Information Federal Funds Involved Federal Funds Not Involved Investigation Disclosure &
Consent
Investigation Disclosure &
Consent
Law
Enforcement
Agencies
Illegal Drug Use Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Drug use that Interferes
with Health & Safety of
Others
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Sex Offenses Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
“Serious” crimes
• Murder,
mayhem, rape,
burglary
• Hate crimes
• Offenses such as
firearms,
explosives
• Felonies
involving drugs,
alcohol
• Domestic
Violence
Required Housing
Authority must
require &
applicant must
consent
May obtain Must notify
applicant, if
basis for denial
Juvenile Records Prohibited N/A Prohibited N/A
Arrests Not Resulting in
Conviction
Prohibited N/A Prohibited N/A
State /
Federal
Government
Social Security Numbers Required Housing
Authority must
require &
applicant must
consent
May obtain Application
must indicate
disclosure is
voluntary
Citizenship / Residency Required Housing
Authority must
Prohibited N/A. But if
Housing
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Contract No. HA48960
require &
applicant must
consent
Authority has
unsolicited
evidence that
applicant is
undocumented,
it must reject
the application.

Income / Family
composition & tax info,
to verify eligibility
Required Housing
Authority must
require &
applicant must
consent
Required Housing
Authority must
require &
applicant must
consent.

Credit
Agencies
Investigative Consumer
Report
• Credit History
• Character
• Reputation
• Personal
Characteristics
• Mode of Living
May Obtain Housing
Authority must
notify
applicant
May Obtain Housing
Authority must
notify applicant
• Convictions
• Civil Actions
• Tax Liens
• Outstanding
Judgements
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify
applicant
May Obtain
but only if
credit
agency has
verified
information
with 30 days
of disclosure
Housing
Authority must
notify applicant
• Bankruptcies
more than 10
years prior
• Civil judgement
more than 7
years old
Prohibited N/A Prohibited N/A
Public
Records
Obtained
from Other
Sources;
Interviews
with
Neighbors,
Friends &
Associates
Relevant background
information
• Creditworthiness
• Credit Standing
• Credit Capacity
• Civil Actions
• Convictions
• Tax Liens
• Outstanding
Judgements
• Character
• General
Reputation
May Obtain Must notify
applicant, if
basis for
denial.

Consent
recommended.

May Obtain Must notify
applicant, if
basis for denial.

Consent
recommended.
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• Personal
Characteristics
• Mode of Living
In addition to credit reporting agencies, background check information may be obtained from Westlaw, Lexis, DataQuick, Merlin, Choice Point, and similar reputable resources.

SAMPLE CONSENT BY APPLICANT
“I understand that the Housing Authority or its agent will perform a background check as a part of determining eligibility, including but not limited to obtaining information concerning my employment, credit history, benefits, income, assets, and criminal history, and by my signature below, I hereby authorize the Housing Authority or its agent to do so.”“I certify that the statements on this application are true and complete to the best of my knowledge and belief and I understand that they will be verified. I understand that any false statements made on this application or failure to make any required disclosures may cause me to be disqualified from initial or continuing eligibility for housing assistance and may result in eviction. I further understand that I am under a continuing obligation to inform the Housing Authority or its agent of any changes to any of the information provided in this Application, and that failure to promptly inform the Housing Authority or its agent of any changes may cause me to be disqualified from initial or continuing eligibility for housing assistance and may result in eviction.”
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 28, 2025
PREPARED BY: Richard D. Cannone, AICP, Assistant City Manager SUBJECT: APPROVE A THREE-YEAR AGREEMENT WITH THE COUNTY OF

RIVERSIDE FOR ANIMAL FIELD, SHELTER, AND LICENSING

SERVICES
RECOMMENDATION:

1. Approve the Agreement with the County of Riverside for animal field, shelter, and licensing services for a three-year term ending June 30, 2028.

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

3. Authorize the City Manager to execute the agreement, amendments, and all actions necessary to effectuate this action.

BACKGROUND/ANALYSIS:

The Riverside County Department of Animal Services (RCDAS) currently provides sheltering and/or field services to 16 contract cities, including the City of Palm Desert. Over the past several years, RCDAS has made incremental adjustments to contract rates, primarily affecting daily kenneling fees and field service charges. These service agreements are generally structured as three-year contracts.

The most recent three-year agreement expired on June 30, 2024, during which time RCDAS was in the process of completing a comprehensive rate study. This study, initiated in 2019 at the direction of the Riverside County Board of Supervisors, was intended to evaluate and revise the County’s cost recovery model to ensure a more equitable and sustainable funding approach for shelter and field services. As the study was not finalized by the end of the fiscal year, RCDAS extended existing contracts for one additional year, through June 30, 2025, to allow time for completion and review of the updated cost allocation model.

At the June 12, 2025, City Council meeting, the City Manager informed the City Council that staff would return with an overview of the proposed rates during the July 10, 2025, Study Session, in advance of formal contract consideration on August 28, 2025. During this interim period, RCDAS has agreed to continue providing uninterrupted services.

City staff used this time to:
 Evaluate the County’s proposed “Piece of the Pie” cost allocation methodology.  Assess potential financial impacts to Palm Desert.
 Address additional reporting needs with RCDAS staff first identified during the March 28, 2024, Study Session.
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Animal Services Contract

At the July 10, 2025, Study Session, staff provided a detailed presentation of the proposed cost recovery model, outlined the major components of the new contract, and responded to initial City Council questions.

Cost Recovery Model
The “Piece of the Pie” methodology allocates sheltering costs among contract cities and the County based on each agency’s proportional use of the shelter system. Each city’s share is calculated using:
 Number of animals impounded
 Average length of stay (LOS) for impounded animals
 Population served
City of Palm Desert – New Contract and Rates (Attachment 2) Fiscal Year Shelter Services Field Services Total
2025-26 $ 198,014 $ 293,960 $ 491,974
2026-27 $ 233,196 $ 316,186 $ 549,383
2027-28 $ 256,652 $ 331,996 $ 588,648
Key Rate Provisions
 New rates phased in over three years beginning January 1, 2026; Fiscal Year (FY) 2025- 26 rates reflect only a six-month increase, reducing the first-year impact by 50%.  Sheltering rates reviewed/revised annually
o Sheltering charges are projected to increase 37.77% over the three-year term.  5% annual increase to field labor rates through FY 2027-28, consistent with labor agreements.
 Choice of two field service plans:
o Standard – Monday–Friday, 7:30 AM to 5:00 PM
o Extended – Monday–Sunday, 7:30 AM to 5:00 PM
 Shelter rate increases are phased over three years.
 Adoption of County Ordinance No. 630 regulating animal control and rabies prevention, with possible exceptions.
 Quarterly billing with annual reconciliation based on impounds, LOS, and population.  City obligations:
o Fund vaccination and microchip clinics
o Fund spay/neuter clinics
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New Contract Terms – Meetings and Reports
(Section III of the Agreement)
 Quarterly In-Person Meeting: The County will make a good-faith effort to attend one inperson meeting each quarter (up to 3 hours) at no cost. Any additional time will be billed at the hourly rate. The City will provide the meeting location or a virtual meeting link.  Monthly Virtual Meeting: The County will make a good-faith effort to host one virtual meeting per month at no cost. Additional hours beyond the agreed time will be billed at the hourly rate.
 Attendance at City Council Meetings: The County will make a good-faith effort to attend City Council meetings when needed for ordinances, contract amendments, or significant animal services matters. Attendance is subject to staff availability and resources.  Reports: Standard reports (listed below) will be provided at no charge. The County will provide up to 12 hours per year for producing special reports at no cost; additional hours will be billed at the hourly rate.
o Standard reports include:
 Dogs and/or Cats Impounded
 Animals Returned to Owners
 Dogs and/or Cats Abandoned
 Special Admission Dog & Cat
 Other Animals Impounded
 Quarantined Dogs and/or Cats
 Special Admission of Other Animals
 Private Veterinarian (Outside Medical Expense)
 Dead Animal Pick Up Requests
 Types of Calls for Service
 Location of Admission
City Council Subcommittee Review
At the July 10, 2025, Study Session, the City Council established an Animal Services Subcommittee consisting of Mayor Pro Tem Trubee and Councilmember Quintanilla. The Subcommittee met on August 1, 2025, to review:
 County staff responses to City Council questions (Attachment 3)  Contract terms and rate structures
 Field services cost differentials
 Data and reporting provisions
 Animal Samaritans partnership
 Spay/neuter services program
 Future program items
In September, City staff will present proposed amendments to Title 6 (Animals) of the Palm Desert Municipal Code to the Subcommittee, prior to City Council consideration.

Subcommittee Recommendations

1. Maintain the Standard Plan (Mon–Fri) based on low weekend service utilization (5.5% of available hours) and high added cost ($287,000 annually for an additional officer). 1281
City of Palm Desert
Animal Services Contract

2. Do not contribute $5.00 per licensed animal toward spay/neuter programs at this time, as RCDAS Subfunds 11102 and 11109 have sufficient balances which are intended fund similar programs.

Legal Review:

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

FINANCIAL IMPACT:

Funding for animal services in the amount of $620,000 has already been included in the approved FY 2025-26 Financial Plan, which was adopted by the City Council on June 26, 2025.

ATTACHMENTS:

1. Agreement for Animal Services with the County of Riverside

2. Palm Desert 3-year Phase in Rates

3. County staff responses to 7/10/25 Study Session Questions 1282
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AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES BETWEEN THE

CITY OF PALM DESERT AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into as of July 1, 2025, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“COUNTY”), and the CITY OF PALM DESERT, a Charter City (“CITY”), together known as the “parties”, and individually as a “party”.

RECITALS
WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purposes of safeguarding the health and safety of the CITY’S population and the health and safety of its domestic animals, pursuant to the provision of field and animal sheltering services, and as described in this Agreement; and
WHEREAS, CITY desires to promote the humane treatment of animals and remains a committed partner with the COUNTY; and
WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter this Agreement with CITY for the provision of such services, subject to the terms and conditions for compensation as set forth herein.

NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the parties mutually agree as follows:

SECTION I. OBLIGATION OF PARTIES
A. RECITALS:
l. The aforementioned Recitals are true and correct and incorporated herein by this reference.

B. COUNTY Obligations:

1. COUNTY shall provide field and shelter services within the corporate limits of CITY, as outlined in EXHIBITS A and B, attached hereto and incorporated herein by this reference, and more specifically as selected by CITY in ATTACHMENT A, attached hereto and incorporated herein by this reference.

C. CITY Obligations:

1. CITY shall reimburse COUNTY for the services performed and the expenses incurred, as set forth in ATTACHMENTS A and B, using the Rates Methodology as set forth in ATTACHMENT C of this Agreement.

2. In order to harmonize the terms of this Agreement with the provisions of the CITY’s municipal code and for COUNTY to provide the full scope of services to CITY under this Agreement, within six months following the Effective Date of this 1283
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Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time.

COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

3. CITY shall agree to providing contract required clinics with COUNTY pursuant to ATTACHMENT A.

SECTION II. PERIOD OF PERFORMANCE
The Effective Date of this Agreement shall be from July 1, 2025, and shall terminate on June 30, 2028, unless terminated earlier as provided herein under SECTION IX of this agreement.

SECTION III. PERFORMANCE OF CONTRACT
A. In performing services under the Agreement, COUNTY will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service.

B. Nothing in the Agreement prohibits CITY from providing, at CITY’s expense, additional resources for the COUNTY to utilize in its performance of the services.

C. Any use of special supplies, stationery, notices, or forms, other than standard COUNTY format, must be approved by the Director of the Department, or their designee, and supplied by CITY at its own cost.

D. If requested, the COUNTY will make its best efforts to attend one (1) in-person meeting with CITY, up to three (3)-hour duration per quarter at no charge to the CITY. Additional meetings may be scheduled under unusual orurgent circumstances as agreed upon by the COUNTY. CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of the COUNTY’s contract management staff's time at meetings requested by CITY.

Due to the lack of availability of meeting space in COUNTY facilities, the CITY will provide a mutually agreed upon meeting space and location, or virtual meeting link, for virtual meetings.

E. If requested, the COUNTY will make its best efforts to coordinate a virtual meeting once per month at no charge to CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of COUNTY representatives’ time at meetings requested by the CITY.

F. If requested, COUNTY will make its best efforts to send representatives to the CITY’s 1284
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Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the COUNTY is needed. The COUNTY will only attend these meetings to the extent that resources and capacity will allow.

G. The COUNTY will make available upon request, at no charge to the CITY, the reports pursuant to EXHIBIT B, at the intervals indicated in that attachment. For any additional reportsthat are not included in EXHIBIT B, or those requested at more frequent intervals, the COUNTY will account for the hours of staff time required to produce the reports. The COUNTY will provide, at no charge to the CITY, up to 12 hours of staff time annually for any additional requested reports. The CITY will be responsible for any excess hours at the current billing rate for staff time as listed in ATTACHMENT B.

SECTION IV. ADMINISTRATION OF PERSONNEL
A. The COUNTY will control all aspects of the services provided by the COUNTY including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters.

B. In the event of a dispute between the parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the CITY will be consulted and an agreement between the parties attempted. Each party must employ good-faith and best efforts to reach an agreement. If an agreement cannot be reached, the COUNTY will make the final and conclusive determination of the dispute.

C. All CITY employees who work with the COUNTY under the Agreement will remain employees of the CITY and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the COUNTY. No CITY employee will become an employee of the COUNTY unless by specific additional agreement which must be concurrently adopted by the CITY and COUNTY. Except as otherwise specifically set forth in the Agreement or in the attached Service Request in ATTACHMENT A, to the extent the COUNTY provides the CITY with animal licensing services, neither the CITY employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the COUNTY for services performed by employees of the COUNTY. The CITY shall distribute educational and outreach materials, reviewed and agreed upon by both the COUNTY and the CITY, as requested by the COUNTY.

D. For the purposes of performing services under the Agreement, and only for the purpose of giving authority for COUNTY staff to provide these services, every COUNTY officer and/or employee engaged in performing any service will be deemed to be a contracted officer while performing service for the CITY, provided the service is within the scope of the Agreement.

E. The CITY will not assume any liability for the direct payment of salaries, wages, or other compensation to COUNTY personnel performing services under the Agreement. Except 1285
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as described under SECTION VI, the CITY will not be liable for compensation or indemnity to any COUNTY employee or agent of the COUNTY for injury or sickness arising out of his/her employment while providing services under the Agreement.

SECTION V. DEPLOYMENT OF PERSONNEL
A. The COUNTY will determine the minimum required field personnel required to provide the services requested by the CITY.

B. The CITY agrees to complete ATTACHMENT A, specifying the service to be provided, which will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the Service Level Request (“SLR”), such dispute will be handled in accordance with SECTION IV(B) of this Agreement.

C. The COUNTY will issue annual notifications of any change to the billing rate as stated in SECTION XVIII. Unless the CITY changes other provisions within the most recently executed SLR, it is not necessary to execute a revised service request to reflect a billing rate change.

D. The CITY may at any time request a change in the level of service by completing a revised service request and submitting the form to the COUNTY. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement as an amendment and the Parties acknowledge that they have delegated authority from their respective Board of Supervisors and City Counsel to execute amendments and the reviewed level of service.

Changes requested at times other than the beginning of the fiscal year will be implemented assoon as practical, as determined in the reasonable discretion of the COUNTY. The CITY is only required to submit a new service request if it wishes to revise its current services or update information listed on its existing service request. The COUNTY reserves the right to approve or disapprove requests on the service request in accordance with SECTION IV of this Agreement.

E. Regarding updatesto contact information, the CITY is not required to submit a new service request. Email confirmation from the CITY will suffice, and the COUNTY will update the CITY's existing service request and share the revised copy with the CITY.

F. The CITY is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The COUNTY reserves the right to determine, in its sole discretion, whether the COUNTY can provide requested services not otherwise specified in this Agreement.
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SECTION VI. HOLD HARMLESS/INDEMNIFICATION
A. CITY shall indemnify and hold harmless the County of Riverside, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of CITY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions.

B. With respect to any action or claim subject to indemnification herein by CITY, CITY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of COUNTY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes CITY’s indemnification to COUNTY as set forth herein. The CITY’s obligation to defend, indemnify and hold COUNTY harmless shall be subject to COUNTY having given CITY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY with the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved.

C. COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions. 1287
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D. With respect to any action or claim subject to indemnification herein by COUNTY, COUNTY shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of CITY; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes COUNTY’s indemnification to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved.

E. The specified insurance limits required in this Agreement shall in no way limit the COUNTY’s obligations to indemnify and hold harmless CITY herein from third party claims.

F. This SECTION VI shall survive the termination of this Agreement.

SECTION VII. INSURANCE
COUNTY agrees to maintain the following insurance coverage during the term of this Agreement:

A. Workers’ Compensation:

COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employer Liability (Coverage B) including Occupational Disease with limits of not less than $1,000,000 per person per accident.

B. Commercial General Liability:

COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY’s performance of its obligations hereunder. This coverage shall have a limit of liability not less than $2,000,000 per occurrence combined single limit.

C. Vehicle Liability:

If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit.

SECTION VIII. RESERVED
RESERVED.

SECTION IX. TERMINATION
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A. Either party may terminate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other party stating the extent and effective date of termination.

B. If a six (6) month notice of termination is served on the other party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement.

C. In the event of termination, both parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, except for SECTION VI, each party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the CITY will remain responsible for payment to the COUNTY for any services provided under this Agreement prior to the termination date.

SECTION X. FORCE MAJEURE
If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, pandemics, or other similar acts, such party shall not be held liable for such failure to comply.

SECTION XI. AMENDMENTS
Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY Council. Any amendments will be presented to CITY’s CITY Manager, or designee, prior to CITY’s CITY Council approval.

This Agreement, including any attachments, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing.

Except for changes to a CITY’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or their designee, and an authorized representative of the CITY. The only exception to this requirement applies to updates to the CITY's contact information, which may be made through simple email confirmation from the CITY.

SECTION XII. SEVERABILITY
Each paragraph or provision of this AGREEMENT is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect.
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SECTION XIII. NO THIRD-PARTY BENEFICIARIES
This Agreement between the parties is intended for the mutual benefit of the two signing parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement.

SECTION XIV. NONDISCRIMINATION
COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.).

SECTION XV. DISPUTE RESOLUTION AND VENUE
A. The parties shall attempt to resolve any disputes amicably at a working level as set forth in SECTION IV(B). If that is not successful, the dispute shall be referred to the senior management of the parties.

B. Prior to filing any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations.

C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any and all provisions of law providing for a change of venue to another location.

SECTION XVI. ASSIGNMENT
This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the parties without the prior written consent of the other Party. CITY and COUNTY hereby agree with the full performance of the covenants contained herein.

SECTION XVII. CONTRACT PERFORMANCE
COUNTY’s Director of Department of Animal Services, ordesignated representative, shall meet as necessary to discuss contract performance with CITY’s CITY Manager, or designated representative.
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SECTION XVIII. CONTRACT SUM
The CITY will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the COUNTY and set forth in the current ATTACHMENT B.

The rates indicated in the ATTACHMENT B form will be readjusted by the COUNTY annually, effective the first day ofJuly each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the COUNTY.

The CITY will be billed based on the current service level described in the latest ATTACHMENT A, FISCAL YEAR 2025-26, 2026-27, and 2027/28 SERVICE REQUEST FOR THE CITY OF PALM DESERT.

The cost of any additional services requested and provided under the Agreement and not set forth in ATTACHMENT B will be determined by the COUNTY in accordance with the policies and procedures established by the COUNTY.

SECTION XIX. PAYMENT PROCEDURES
The COUNTY, through the Department of Animal Services, will submit a summary invoice covering all services performed quarterly to the CITY within ten (10) calendar days after the closing of each quarter. The CITY will pay the COUNTY for all undisputed amounts within thirty (30) calendar days after the date of the invoice.

If payment is not delivered to the COUNTY office described on the invoice within sixty (60) days after the date of the invoice, the COUNTY is entitled to recover interest on the unpaid amount at the rate specified below in this Section XIX.

For all disputed amounts, the CITY will provide the COUNTY with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice. The parties will confirm the resolution of the dispute in writing.

For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution.

Interest will be calculated at the rate of seven percent (7%) annually oranyportion thereof, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution.

SECTION XX. NOTICES
Each Party shall designate a Primary Contact, as identified in ATTACHMENT A, Service Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or in-person interactions. However, all correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and in ATTACHMENT A and are deemed submitted two (2) days after their deposit in the United States mail, postage prepaid.
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Notices to the County of Riverside must be addressed as follows:

COUNTY
County of Riverside Department of Animal Services Director 6851 Van Buren Boulevard
Jurupa Valley, CA 92509
Notices to the CITY must be addressed to the contact person listed on the most recent SLR on file and/or the current CITY Official or CITY Manager.

SECTION XXI. DEFINITIONS
A. “Altered or Unaltered” An Altered animal has undergone a surgical sterilization procedure, spay (female) or neuter (male) for dogs or cats and is incapable of reproduction. An Unaltered animal has not been sterilized.

B. “Available” means an animal eight (8) weeks of age or older that at the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future.

C. “Care” includes, but is not limited, to providing necessary and prompt veterinary care, adequate nutrition and water, shelter, and humane treatment, or transfer of animal to the appropriate agency as defined in Civil Code 1834 and 1846.

D. “Euthanasia” is a non-preferred option and is to be used as a last resort when deemed there is no other outcome for an animal. When the decision has been made to euthanize it is done with the highest degree of respect, and with an emphasis on making the euthanasia process as painless and distress free as possible. Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and cannot be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Except as provided in Food and Agricultural Code, subdivision (b), Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. Further:
i. Only euthanasia methods approved by the Association of Shelter Veterinarians shall be used.
ii. Pre-euthanasia sedation or anesthesia shall be provided in the professional judgment of the veterinarian conducting or providing oversight. The interests of the animal 1292
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will be given equal consideration whether the animal is individually owned or not, regarding providing pre-euthanasia sedation or anesthesia. iii. The COUNTY will provide ongoing professional training on the latest methods and material available for euthanasia and effective management of compassion fatigue for all personnel as described within, but not limited to, the American Veterinary Medical Association’s Guidelines for the Euthanasia of Animals. iv. The COUNTY will conduct euthanasia in areas that are isolated from other activities, where possible, to minimize stress on animals and to provide staff with a professional and dedicated work area and incorporate the recommendations for a well-designed euthanasia space as recommended by the American Veterinary Medical Association. v. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found, method of euthanasia, and reason for use of method.

E. “Healthy” means and include all dogs and cats eight weeks of age or older that, at or subsequent to the time the animal is taken into possession, have manifested no sign of a behavioral or temperamental characteristic that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or a congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future.

F. "Impounded." Having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal.

G. “Potentially Dangerous” Any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals.

H. "Substantial injury" means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery.

I. “Dangerous” Any animal which has twice within a forty-eight (48) month period in two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal 1293
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engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury; Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or any dog which has been declared a "potentially dangerous dog" as defined by California State Law during any legal hearing process.

J. “Vicious” means any animal which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal. Any animal previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code.

SECTION XXII. HEADINGS
The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the attachments and schedules hereto.

SECTION XXIII. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement, binding on all Parties.

SECTION XXIV. WAIVER OF BREACH, RIGHT OR REMEDY
The waiver by any party of any breach or violation by another party of any provision of this Agreement or of any right or remedy permitted the waiving party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and every remedy shall be in addition to every other remedy granted in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a party shall not constitute a waiver of the right to pursue other available remedies.

SECTION XXV. INDEPENDENT CONTRACTOR
The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another party to this Agreement.
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SECTION XXVI. RESERVED.

SECTION XXVII. AUTHORIZATION WARRANTY
A. The CITY represents and warrants that the person executing the Agreement for the CITY is an authorized agent who has actual authority to bind the CITY to each term, condition, and obligation of the Agreement and that all requirements of the CITY have been fulfilled to provide such actual authority.

B. The COUNTY represents and warrants that the person executing the Agreement for the COUNTY is an authorized agent who has actual authority to bind the COUNTY to each term, condition, and obligation of the Agreement and that all requirements of the COUNTY have been fulfilled to provide such actual authority.

SECTION XXVIII. COOPERATION, FURTHER ACT
The parties shall cooperate fully with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
(Signature Provisions on Following Page]
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IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement.

COUNTY:

County of Riverside, on behalf of its
Department of Animal Services, a political
subdivision of the State of California
_______________________________
V. Manuel Perez, Chair
Board of Supervisors
Date:__________________________
CITY:

PALM DESERT, a Charter City
_____________________________
Chris Escobedo
Interim City Manager
Date:__________________________
ATTEST:

Kimberly Rector
Clerk of the Board
By:____________________________
ATTEST:

By:____________________________
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:

Minh C. Tran
County Counsel
By:____________________________
Amrit P. Dhillon
Deputy County Counsel
APPROVED AS TO FORM:

By:____________________________
Isra Shah
Best Best & Krieger LLP
City Attorney
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COUNTY OF RIVERSIDE

DEPARTMENT OF ANIMAL SERVICES

DESCRIPTION OF STANDARD FIELD SERVICES

EXHIBIT A
At the election of the CITY the County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field services for the CITY of PALM DESERT (“CITY”):

A. PROVISION OF FIELD SERVICES
The COUNTY will provide the services set forth below in accordance with regulations and provisions, found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), except as otherwise agreed to by the Parties in ATTACHMENT B, Service Request.

The COUNTY will inform the CITY of any proposed changes to Ordinance Nos. 534, 560, 630, 716, 771, and 878 with as much advance notice as practical, with the intention of providing the CITY with an opportunity to submit input to the COUNTY and the COUNTY related to the proposed changes. The COUNTY will notify the CITY of the passage of any change to Ordinance Nos. 534, 560, 630, 716, 771, and 878 by the County Board of Supervisors as soon as practical.

The COUNTY will provide the minimum required animal control resources and services for the CITY based on an average number of calls for service. Services consist of COUNTY personnel performing a variety of tasks utilizing appropriate equipment. The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1. Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below.

2. Impoundment: Impound dogs and livestock found at large and collect such impound fees as established in the appropriate CITY municipal code.

3. Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and regulations.

4. Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reposed bites by dogs, cats, or by suspected rabid or wild animals. COUNTY will interview bite victims to the extent possible. COUNTY shall only be responsible for administrative proceedings resulting therefrom.
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5. Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy. Shelter quarantine will be at the discretion of the COUNTY.

6. Stray and Barking Animal (Nuisance) Complaints:Respond to and process nuisance complaints, including stray and barking animal complaints. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.

7. Dead Animals: Remove dead animals from the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means.

8. Return of Animals in the Field: Field personnel, including officers employed by CITY, shall make a best effort to return any lost/stray animal impounded in the field to the rightful owner. Best effort includes but is not limited to:
i. Checking for identification
ii. Scanning the animals for a microchip
iii. Canvassing the area to attempt to find the owner
iv. Equipment necessary to fix common problems such as broken fences with permission from the resident
v. Post a minimum of three signs

9. Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY’s municipal codes and collect fees in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY.

10. Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY’s municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom.

11. Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below.

12. Field Services Related to Canine Licenses: The COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer's regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control 1298
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investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY’s municipal code.

13. Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, sick, injured, or part of an animal cruelty or animal bite case.

14. COUNTY will perform humane investigations of suspected animal neglect and cruelty and will be responsible for investigation, citation, and preparing materials for prosecution.

15. COUNTY and CITY will work together on educational outreach, promotion of spay/neuter and vaccination clinics, owner surrender assistance programs, responsible pet ownership, adoption programs and other activities to reduce impounds and increase live outcomes. CITY will provide two (2) vaccine clinic(s) at no charge to the resident per year, and two (2) spay/neuter clinic(s) at no charge to the resident per year, at CITY’S expense. CITY may decide to hire COUNTY to provide this service, if available, or seek a separate vendor.

16. In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it is related to rescue, response and recovery efforts.

B. SHELTER CARE AND DISPOSITION SERVICES
The COUNTY shall house CITY’s animals at the Coachella Valley Animal Campus, or other COUNTY operated shelter at the COUNTY’s discretion, as set forth in EXHIBIT B.

C. PROVISION OF VEHICLES AND RADIO EQUIPMENT
COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement.

The COUNTY shall fuel and maintain said vehicles.

D. MISSING OR STOLEN ANIMALS
COUNTY shall file a report with the appropriate law enforcement agency within twentyfour (24) hours if an impounded animal is missing or suspected of having been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

E. PRIORITY OF FIELD SERVICES
a. “Services” are those enforcement activities rendered by COUNTY pursuant to COUNTY Ordinance and/or the relevant sections of CITY’s municipal code, as indicated in ATTACHMENT B and related State law and are assembled for into two categories: emergency and non-emergency.
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b. “Priority Ranking” refers to the order of priority with which a call will be handled.

All calls will go directly to the dispatcher or assigned clerical staff for a relay to the Animal Control Officer. If a call is exceptional,” as set forth in Section F below, it shall be referred to the supervisor for evaluation and response. c. The following definitions of “Regular Service Hours”, “Limited-Service Hours”, and “Holidays” are intended to identify the broad time frames during which specific levels of service will be provided.
d. "Regular-Service Hours” are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.
e. "Limited-Services Hours” are the between the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays. f. “Holidays” are those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day.
g. Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls involving imminent danger shall be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited-Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited-Service Periods which are of an urgent nature pursuant to this ATTACHMENT A, Field service personnel may be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.
h. The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited-Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined herein. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited-Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days.
i. The CITY and COUNTY agree that any incident reports to the COUNTY by residents 1300
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or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited-Service Hours that are not of an urgent nature shall be answered by an answering service and referred to call-back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with EXHIBIT A. j. Calls Considered Emergencies to be Handled Without Delay:

1. Animals endangering the health or safety of the community

2. Police Department requests for service

3. Sick or injured stray animals

4. Animals in distress

5. Humane investigations that are life threatening. (Depending on immediate circumstances)
k. Calls Considered Non-Emergency to be Handled during Regular Service Hours:

1. Pick-up confined, healthy- not sick or injured, stray-animals

2. Dead animal removal

3. Quarantine investigations

4. Leash law enforcement

5. Nuisance animal investigations

6. Permit investigations
F. EXCEPTIONS
The Director of the Department of Animal Services, or their designee, may, on a case-by-case basis, authorize variations of priority when circumstances require.

G. LICENSE FEES (Riverside COUNTY Ordinance No. 630, Section 2 - MANDATORY

DOG LICENSING AND VACCINATION)
Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

H. RABIES VACCINATION CERTIFICATE DATA
Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been reviewed for inconsistencies. Reminders of licensing requirements shall be automatically generated and emailed or mailed to dog owners.

Those owners who fail to comply may be subsequently issued administrative citations.

Remittance options include on the COUNTY’s website www.rcdas.org or in person at a 1301
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COUNTY shelter location. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY owners can verify the status of their animal’s license by telephone or going to https://riversidecounty.docupet.com.

I. COLLECTION OF LICENSE FEES
CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain eleven dollars and thirty-five cents ($11.35) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY monthly and the COUNTY shall credit the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum of $11.35 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in ATTACHMENT B, Billing Rates. CITY shall be responsible for a one-time conversion fee for new data entered into COUNTY’s licensing database.

J. SERVICE PLANS
CITY may elect one of two service plans for field services provided by the COUNTY. (ATTACHMENT A)

1. Standard Service Plan
The Standard Service Plan provides the number of Animal Control Officers, as determined by the County, to allow for the provision of field services to the CITY five (5) days/week – Monday through Friday- Nine (9) hrs./day – between the hours of 7:30am-5:00pm, with dispatching and after-hours emergency service 24 hours per day, seven days per week.

2. Extended Service Plan
The Extended Service Plan provides the number of Animal Control Officers to allow for providing field services to the CITY seven (7) days/week – Monday through Sunday – nine (9) hrs./day - between the hours of 7:30am-5:00pm, as indicated by the CITY in ATTACHMENT A, dispatching and after-hours emergency service 24 hours per day, seven days per week.
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COUNTY OF RIVERSIDE

DEPARTMENT OF ANIMAL SERVICES

DESCRIPTION OF STANDARD SHELTER SERVICES

EXHIBIT B
At the election of the CITY, the County of Riverside, on behalf of its Department of Animal Services (“COUNTY"), agrees to provide the following Animal Shelter Services for the CITY of PALM DESERT (“CITY”).

A. PROVISION OF SHELTER SERVICES
All COUNTY shelters are open admission shelters and are required to accept all stray or abandoned animals from the COUNTY’s area(s) of responsibility. The COUNTY maintains four (4) animal care shelters that accept stray or abandoned animals. The COUNTY also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or abandoned animals are held for an initial period to give an owner the opportunity to reclaim them. Owner-relinquished animals are held for an initial period prior to requested euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended to reunite the animal with an identified owner or for other reasons.

The COUNTY is committed to providing appropriate and safe housing for all animals accepted into the COUNTY’S care. The COUNTY is required by law to provide necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Medical care may be provided by COUNTY staff or, at COUNTY’S sole discretion, outsourced to a contracted veterinarian.

B. COUNTY ANIMAL SHELTER

1. All animals collected in the field within the boundaries of the CITY or determined to have originated from within the boundaries of the CITY may be housed at a COUNTY animal shelter. Admitted animals will be vaccinated, microchipped, and provided necessary and prompt medical care, food, water, and shelter. The COUNTY may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal shelter to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website.

2. The COUNTY will make reasonable attempts to house animals from the CITY at the animal shelter closest to the CITY. The nearest animal shelter to the CITY will be designated as the primary animal shelter. There may be circumstances in which the Department will house animals collected from the CITY at an alternate location.

3. The COUNTY shall be responsible for the operation and maintenance of the COUNTY shelters and the care of the animals.
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4. The COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

C. STANDARD SHELTER SERVICES
Riverside County Animal Services shelters shall include the following activities and services:

1. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.

2. Providing food, water, shelter, enrichment, and medical care for animalsin the Department’s care.

3. Holding stray animals and attempting to reunite them with theirowners.

4. Assisting pet owners with alternatives to relinquishment by connecting them with resources for pet retention. Accepting unwanted animals surrendered by their owners if there is no other alternative.

5. Making the best efforts to find new adoptive homes for domestic animals and livestock.

6. Quarantine and observation of animals for rabies and/or at the direction of the Department of Public Health.

7. Working with wildlife rehabilitators to rescue sick and injured wildlife.

8. Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters.

9. Holding animals that are the subject of criminal investigations or other legal or administrative proceedings.

10. Ensuring that all dogs, four(4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals.

11. Provide necessary and prompt veterinary care.

12. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing each animal that is euthanized and the reasons for such euthanasia.

13. Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to 1304
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relinquishment and assisting at-risk populations.

14. Filing annual reports to the State of California as required bylaw.

15. Proper disposal of dead animals at the rate as set forth in ATTACHMENT B, Payment Provisions.

16. Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes.

17. Maintaining regular hours of operation for the public.

D. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY will provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.

3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association.

5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the animal shelter services described herein.

6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise own identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and is unable to be placed through 1305
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adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption.

Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal and shall include the following information:
breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid or involved in a bite investigation.

9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

10. Animals Surrendered by their Owners: Owner surrenders will be impounded on a case-by-case basis. Pet Support or pet retention programs will be offered to assist the owner with keeping their pet. CITY shall direct their constituents to consult with COUNTY to surrender their pet. CITY shall not accept owner surrenders in the field prior to the constituent consulting with the COUNTY.

12. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild.

COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

13. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

14. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags, tattoos, and scanned for microchips by qualified Shelter staff within one (1) hour of arrival at the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers to reunite animals in the field. 1306
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15. Incoming Animal Examinations/Assessments: Examinations of impounded animals shall be performed within twelve (12) hours, except during LimitedService Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessments shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Microchip administered if none found
g. Establish unique identifier for the animal
h. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an
examination/assessment has been performed.

16. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

17. Adoption: Animal identified as being available for adoption shall be up for adoption in the shelter or off-site locations or by posting online.

18. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F & A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F & A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

19. Microchipping: In accordance with F & A Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

18. Community Adoption Partners: COUNTY shall comply with F & A Code Sections 17006, 31108, and 31752 that provide (subject to Section 17006) that a stray dog or cat that is impounded shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue 1307
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Code, animal rescue, or adoption organization if requested by the organization before the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with an animal rescue or adoption organization.

The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to the required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.

19. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

20. Community Cat Program (“CCP”): CCP COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and ear tipped. Once the cat has recovered, it will be returned to place of origin.

21. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (“DEA”) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

22. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staff shall include all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

23. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

24. CITY Access: COUNTY shall provide access to the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

25. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in 1308
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writing when said expenses reach the amount of $5,000 or greater per incident.

Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

26. R.E.A.R.S.: REARS is the system that has been developed to perform animal rescue, evacuation, sheltering, care and welfare of domestic and livestock animals within Riverside County during times of disaster or extraordinary emergencies. The REARS Team is dedicated to carrying out the operational tasks of rescuing, evacuating, sheltering and caring for animals during emergencies and is made up of local government animal welfare staff and volunteers trained in animal rescue and emergency animal care. This cadre of trained individuals is supervised, during incidents, by Riverside County Department of Animal Services management staff.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. Pet Support Services Program: The COUNTY's Pet Support Program services are activities that go beyond providing housing for dogs and cats and have the effect of keeping pets out of the Shelters and in homes and healthy environments. This strategy allows the COUNTY to manage and reduce the flow of both owned pets and stray animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the COUNTY’s pet support services staff provides counseling to pet owners or connects them with resources such as free pet food and supplies, medical vouchers, and other critical resources all intended to help keep pets with their families. This human/pet assistance program is funded almost entirely through donations and grants received by the COUNTY.

This program has reduced the number of surrendered animals admitted to the COUNTY’s care centers to those who have no other opportunity for rehoming. This is reducing the costs that are associated with sheltering cats and dogs.

A. Components of Pet Support Services:
• Community Engagement is key to successfully employing this program, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners. • The COUNTY encourages people who have found stray animals to attempt to reunite the pets with their families. The COUNTY also encourages residents to allow free roaming cats to remain where they live, as these are often pets or community cats.
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• To reduce the relinquishment of owned pets, the COUNTY will provide resources such as training, food, and supplies, or other support to help keep pets in their homes.
• Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the COUNTY, as will animals that are sick or injured.

29. Healthy Pet Zone: COUNTY aids the public in times of crisis on a case-by-case basis that includes access to veterinary care and temporary boarding. CITY must refer public to COUNTY for program assistance.

30. Individual Animal Licensing Services: Adult dogs four months of age and older are required by State law to have individual licenses. The CITY may request that the Department enforce licensing requirements in the CITY as described in ATTACHMENT A. The CITY may adopt the COUNTY’s fees for individual animal licenses or set its own fees as permitted in ATTACHMENT A.

License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a feeper-license basis. A current license will be required before an animal will be released to a resident of the CITY. Fees from licenses collected will be credited to the CITY monthly in arrears.

The COUNTY’s animal licensing services include:
a. Issuing animal licenses for pets as requested by the CITY; b. Processing license applications, payments, and information changes; c. Issuing license renewal notices;
d. Assessing and collecting fees, penalties, and other financialremittances; e. Maintaining a database for animal licensing, records of calls for service, and actions taken; and
f. Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners.

31. Kennel and Cattery Licensing: The Department's Kennel and Cattery Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under COUNTY Ordinance. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. 1310
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The COUNTY retains kennel license fees to offset the cost of annual inspections and related administrative costs. Staff time for licensing and inspections is not billed to the CITY. However, investigations in response to complaints about activities at a licensed location are conducted by Animal Control Officers based in the COUNTY’s animal shelters and are billed in accordance with ATTACHMENT B, City/County Service Rates.

This program includes:
a. Annual inspection of any premise used by an animal-related business or nonprofit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities.
b. Follow-up inspections of animal facilities as necessary. c. Collection of license fees to offset the cost of services;and d. Documentation and maintenance of records as necessary.

E. CONTRACT CITY REQUIRED SERVICES

1. Vaccination and Microchip Clinics: California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers and in the unincorporated areas of the County. Pursuant to this agreement and ATTACHMENT A, CITY shall fund two (2) vaccination and microchip clinics, within the CITY’s jurisdiction, per FY. The following services will be provided by the COUNTY:
a. Providing or assisting in arranging for low-cost vaccinations and microchips; b. Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability;
c. Licensing animals vaccinated at the clinic; and
d. Assisting jurisdictions in promoting these community-based clinics.

2. Spay/Neuter Clinics: Pursuant to this agreement and ATTACHMENT A, the CITY shall fund two (2) Spay/Neuter clinic(s), within the CITY’s jurisdiction, per FY.
a. To help fund these events the CITY may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust. Participation in the Spay/Neuter Trust will allow the CITY to offer low-cost or free spay/neuter programs for the CITY’s residents who wish to have their pets spayed or neutered. The COUNTY staff will work with the shelter and mobile clinics to assist qualified residents in obtaining spay/neuter services.

F. Records
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Upon reasonable notice, the COUNTY will make available to authorized representatives of the CITY, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, or other record relating to the Agreement. The CITY must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.).

Upon request, the following standard reports are available to the CITY from the COUNTY monthly:
a. Dogs and/or CatsImpounded
b. Animals Returned to Owners
c. Dogs and/or Cats Abandoned
d. Special Admission Dog & Cat
e. Other Animals Impounded
f. Quarantined Dogs and/or Cats
g. Special Admission of Other Animals
h. Private Veterinarian (Outside Medical Expense)
i. Dead Animal Pick UpRequests
j. Types of Calls for Service
k. Location of Admission
In accordance with SECTION III, the COUNTY will provide up to 12 hours of staff time annually for producing special reports to the CITY at no cost. Additional staff time will be charged to the CITY at the current reimbursement rate for applicable staff time. 1312
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ATTACHMENT A
FISCAL YEAR 25/26-27/28 SERVICE REQUEST

FOR THE CITY OF PALM DESERT

1. Services
The level of animal care center service that the CITY requests and the COUNTY agrees to is (select the options below):
 Field Services
 If CITY elects to provide CITY Animal Control Services, CITY shall agree to have CITY Animal Control Officers trained and implement the return in field program as described in EXHIBIT A – A.8 8. Return of Impounded Animals.

The CITY shall provide the tools necessary to perform these duties. COUNTY shall provide training to CITY personnel for this purpose.  Shelter Services
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CITY’s Animal Services contact information:

Name: Pedro Rodriguez
Telephone: 760-776-6442
Address: 73510 Fred Waring Drive, Palm Desert, CA 92260 1314
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2. Field Services
The level of field service that the CITY requests and the COUNTY agrees to:
(select one of the three options below):
a. Standard Service Plan
b. Extended Service Plan (check all applicable boxes below) c. Administrative Compliance (Post Hearing compliance checks) CITY’s Animal Services Field contact information:

Name: Pedro Rodriguez
Telephone: 760-776-6442
Address: 73510 Fred Waring Drive, Palm Desert, CA 92260  Standard Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.

Extended Service Plan
COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day
7:30am-5:30pm
COUNTY provides after-hours emergency service.

Weekend days and holidays (please identify days and
hours):

Humane Investigations – as needed Included billed hourly.

Administrative Investigations – as needed
(Potentially dangerous/vicious Dogs)
Included billed hourly.
 Administrative Compliance (Post Hearing compliance checks) 1315
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3. Animal Licensing
 The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the COUNTY fees outlined Riverside County Ordinance No, 630.  The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution):

Dog Licenses 1-Year Fee 2-Year Fee 3-Year Fee
Altered Dog $15 $20 $22
Unaltered Dog $120 $240 $360
Senior Altered Dog $12 $13 $14
Cat Licenses (Voluntary) 1-Year Fee
Voluntary Cat
Current license fees adopted by the CITY on August 22, 2024 CITY’s Animal Licensing contact information:

Name: Pedro Rodriguez
Telephone: 760-776-6442
Address: 73510 Fred Waring Drive, Palm Desert, CA 92260 1316
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4. Outreach and Enforcement Services
Please make a selection for each of the options below:
i. Animal Facility Inspection and Licensing (Costs included in County costs - not billed)
 The CITY requests that the COUNTY license animal-related facilities (including inspection) in the CITY.
 No animal facility licensing services - the CITY will conduct its own licensing program for animal-related facilities. (Please provide contact information below.)
CITY’s Animal Facility contact information:

Name: Pedro Rodriguez
Telephone: 760-776-6442
Address: 73510 Fred Waring Drive, Palm Desert, CA 92260 A.Vaccination/Microchip/Licensing Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) vaccination/microchip/Licensing clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging for clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.  The above requirement for CITY to fund Vaccination/Microchip/Licensing Clinic(s) is acknowledged by the CITY
B.Spay/Neuter Clinic(s)
Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) Spay/Neuter clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging clinics in the CITY, utilizing Department personnel at the applicable rate for staff time.
 The requirement above to fund the number of Spay/Neuter Clinic(s) listed above is acknowledged by the CITY
 CITY elects to participate in the Spay/Neuter Trust to allow residents access to low-cost spay/neuter services.
 No participation in the Spay/Neuter Fund.
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5. Enforcement of COUNTY Ordinances
 The CITY agrees to the enforcement of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with no exceptions.
 The CITY agrees to the enforcement of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with the following pre-approved exception(s):
(please mark all that apply)
 Ordinance No. 630 - SECTION 12. - Mandatory Spaying and Neutering. The CITY does not require the spay/neuter of:
Dogs
Cats
 Ordinance No. 630 - SECTION 13. - Mandatory Microchipping. The CITY does not require microchipping of:
Dogs
Cats
 Ordinance No. 630 - SECTION 5. – Number of dogs and cats. The CITY allows for the following maximum number of animals per household:
4 Dogs
4 Cats
4 Total Dogs/Cats
□ Ordinance No. 878 - SECTION 5. – Noisy Animal Complaints. The CITY will conduct CITY noise complaints.

CITY’s Noise Complaint contact information:

Name: Pedro Rodriguez
Telephone: 760-776-6442
Email: [email protected]
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6. Requested Additions to COUNTY ORDINANCES
Please list individual municipal code sections requested to be enforced by the COUNTY. (Please ensure your municipal code contains adequate enforcement authority.)
City Code
Number City Code Section Title County Approved
County Not
Approved
Title 6 Animals
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7. Annual/Amended Service Request Approval
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ATTACHMENT B

COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES

CITY/COUNTY SERVICES RATES
A. Billing Period
These billing rates are effective from July 1, 2025, through June 30, 2028.

B. Billing Rates
Based on CITY’s needs and System Impact
Shelter Services:

FY 2025/2026
FY 2026/2027
FY 2027/2028
$198,014
$233,196
$256,652
Field Services:

FY 2025/2026
FY 2026/2027
FY 2027/2028
$293,960
$316,186
$331,996
Additional Administrative Services
Leadership Attendance at meetings in excess
of contract allowance

1. Director = $185.03/Hour

2. Assistant Director =
$153.72/Hour

3. Deputy Director =
$142.43/Hour
Production of reports in excess of contract
allowance
Analyst = TBD/Hour
Animal Control Officer in excess of contract
allowance – Investigations/court appearances

1. Commander =
$109.26/Hour

2. Lieutenant = $76.53/Hour

3. Sergeant = $68.62/hour

4. Animal Control Officer =
$56.62/Hour
Spay/Neuter Trust
Spay/Neuter Trust $5.00 per animal License
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ATTACHMENT C
Rates Methodology
Cities are financially responsible for the care of animals impounded within the City’s jurisdiction and the County is responsible for the care of animals impounded within the County’s jurisdiction. When a city contracts for services, it can save by sharing resources with the County and other contracted cities.

The existing County/City contract rates model is complex, and administrative staff, county and city, are required to invest a significant amount of time preparing, reviewing, discussing and justifying billing for each of the contract cities, monthly. The current methodology also does not allow the agencies to budget for the cost of shelter services provided since they are based on the incoming animals and length of stay. The unpredictability of these shelter costs can cause a burden on contracting cities, making it hard for them to budget and pay timely. This can also cause a burden on the County in collecting these revenues. It also does not incentivize the agencies to promote animal licensing, spay or neutering of the animals, adoptions or other revenue generating activities within their jurisdictions.

The County has gone away from a per animal methodology for shelter services and developed a “Piece of the Pie” billing methodology, where each city’s contribution is based on its proportional impact to the County shelter system. The impact is calculated using a variety of factors. By distributing costs based on actual usage and demand, this approach ensures fair allocation of expenses while promoting engagement and efficient resource management. Animal Control and Sheltering costs are generally driven by:

Field Services Shelter Services
a. Calls for service a. Average Length of Stay
b. Time to complete a service call b. Number of Impounds c. Staff c. Staff
d. Administration d. Program expenses
e. Support Services e. Administration
f. Population f. Support Services
g. Facilities
h. Population
To simplify the methodology these drivers were categorized into three (3) cost pools:
a. Shelter Costs to house and care for the animals;
b. Animal Control Field Services Costs (as applicable); and c. Split costs that were allocated between the two primary categories are based on either the ratio of the shelter category costs to field category costs or based on statistics provided by Animal Services for its call center. 1322
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1. SHELTER COSTS DISTRIBUTION
The costs of providing Shelter Services were determined by using three different allocation areas, based on the RCDAS FY 24/25. These allocation areas were weighted based on the impact to shelter resources:
a. Average Impound numbers (number of animals that come into the shelter for each city and the unincorporated areas of the County – Animals/month based on 30 months or the length of the contract if less than 30 months). (30% impact weight)
b. Average Length of stay (LOS) for animals per city and the unincorporated areas of the County – LOS/month based on 30 months or the length of the contract if less than 30 months.
(50% impact weight)
c. On the human population of a city.
(20% impact weight)
Within each of the allocations, spilt costs are included. The cities and the County were assigned a percentage of the cost based on their statistic or number and the ratio to the total.

2. FIELD SERVICES DISTRIBUTION
The costs of providing field services were allocated based on the minimum number of officers required – Officer + Vehicle
a. Total field service costs are divided by the total number of officers to find the annual cost per unit.
b. Overtime, overtime holiday, and vehicle lease are excluded from the total field services costs for cities.
c. Vehicle charges are added per officer vehicle, field leadership vehicle and licensing vehicle.

Only those cities who opt for Animal Control Officer Services will be allocated their piece of the costs. Within each of the allocations, spilt costs are included. 1323
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3. SPLIT SERVICES DISTRIBUTION
These costs consist of Administration, Facilities, and Support, each uniquely supporting either shelter or field operations and were split between Shelter and Field based on the ratio of the budgeted amounts identified as either shelter or field.

By using the piece of pie methodology, with the three different allocation areas, and then weighted based on a city’s impact to shelter resources, cities will be charged for their proportion of the total County animal shelter costs incurred during the fiscal year as illustrated below.

EXAMPLE:

Hypothetical animal sheltering services budget to distribute: $20,000,000 Total Average Impounds weighted @ 30% of costs = $6,000,000 Total Average Kenneling Days weighted @ 50% of total costs = $10,000,000 Total Population weighted @ 20% of costs = $4,000,000
City A has 2.9% of the average total impounds/yr.

City A has 2.5% of the average of Kenneling days/yr.

City A has a population that is 7% of the total served pop. (County + all contract Cities) City A: (0.029 * $6,000,000) + (0.025 * $10,000,000) + (0.070 * $4,000,000) = $704,000 City A’s future FY cost = $704,000
Paymentsof $176,000madequarterlywhichwillbereducedbyanylicensing revenue For the contract term. City A’s animal shelter budget shall follow the following three (3) year 4% fixed-rate schedule:
$704,000.00 for fiscal year 2025-2026 (contract year 1) $732,160.00 for fiscal year 2026-2027 (contract year 2) $761,446.40 for fiscal year 2027-2028 (contract year 3)

4. OTHER CONSIDERATIONS
A. Medical Costs
Medical costs (excluding spay/neuter surgeries) provided by the County’s medical staff are included in shelter costs to establish each city and the County’s rate for sheltering and are not billed separately or in addition to that rate. The County reserves the right to send any animal to a private veterinary facility for examination, 1324
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treatment, and/or hospitalization as the County deems necessary in its sole and absolute discretion. All expenses incurred by the County for outside medical services, for animals from a City, will be billed to the City.

B. Billing for “Legal Hold” and Other Shelter Services:

Because the Piece of the Pie Methodology is based on average intakes, Dogs and cats that are housed for a “legal hold” and other shelter services are not billed separately. The length of stay data (from intake to disposition) for each animal will be collected for future contract negotiation purposes and can be available to a city, upon request. Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the County based on pending or anticipated criminal, civil, or administrative action.

C. Capital Improvements
Each year this contract is in effect, the County may submit to the contracted cities during the regular budget process a request for any needed capital improvements to the Shelter. Any such request shall include a description of the requested improvements and an estimate of their cost. Contracted cities shall give good faith consideration to each request; however, it is understood that capital improvements are subject to overall city budgetary priorities and funds availability, and a city shall in no event be obligated to contribute to such capital improvements. If an emergency arises relating to Shelter maintenance during the term of this contract, the County shall advise the contracted cities within fortyeight (48) hours so that the cities may decide whether to take appropriate action.

D. Level of Field Service
a. Level of Service Specified. The County shall provide all enforcement services at the minimum level based on an average number of calls to that city.
b. Variation in Level of Service. Variations in the level of service shall be made by amendment as provided for in Section XI of this Agreement, and under the following terms.
i. If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of Service as soon as practicable.
ii. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.
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E. Cost Offsets
A contracted city will receive credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the city for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion.

A city will not receive any credit for adoption fees (whether paid by an individual or an organization).

F. Revenues
Revenues are applied to reduce the costs for shelter and field services. 1326
Category
Current
Charges
Annual
Adjustment
7/1/25
thru
12/31/25
1/1/26
thru
6/30/26
7/1/25
thru
6/30/26
Percentage
Increase
7/1/26
thru
6/30/27
Percentage
Increase
7/1/27
thru
6/30/28
Percentage
Increase
Shelter 186,286 23,455 93,143 104,871 198,014 6.30% 233,196 25.18% 256,652 37.77% Field 286,790 0 143,395 150,565 293,960 2.50% 316,186 10.25% 331,996 15.76% Total Charges 473,076 23,455 236,538 255,436 491,974 549,382.31 588,647.63 NOTES:

Annual adjustment will only be charged for the last 6 months of FY 25/26, a 50% reduction in FY 25/26 increase.

First six months of FY 25/26 will be based on current new rates metholdology.

Last two years increase is based on full charge from FY25/26 new rates methodology City currently contracts for 1 Animal Control Officer
Any Overtime for ACO's will be chared at 1.5 per hourly charges.

City of Palm Desert
3 year Rate sheet
Sheltering charges to increase by 37.77% at end of three year-period Year One Rates Year Two Year Three
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City Council Questions from Animal Services Contact

1. How does RCDAS currently track where animals are picked up? The department uses a shelter software system called Chameleon. Officers use a mobile version of this in the field and log intake/call location. This is recorded as addresses, cross streets, and GPS coordinates depending on the situation.

2. What are the credentials and training hours required by the individuals who decide on: adoptability, behavioral evaluations, and/or red list for euthanasia? Will the tracking data include which employees are involved with intake, diagnosing illnesses, determining adoptability or decision to euthanize?
Any animal that is available (not on a stray, quarantine, or confiscate hold) is able to be adopted. In some cases, a behavior or medical waiver must be signed to adopt. The only animals that do not fit into this category are those with documented serious aggression (on a case-by-case basis) or substantial illness or injury as deemed by staff under the supervision of a veterinarian.

Behavior evaluations are not conducted. Research has shown that behavior in the shelter environment cannot be used as a predictor of how an animal will behave outside of the shelter. Behavior in the shelter is based on observations at points in time and is not decided by one person.

The red list is a tool the department uses to communicate to rescues and potential adopters which animals are a risk for euthanasia. Animals that are red listed are those who are not fairing well in the shelter environment and showing signs of distress, usually brought on by long length of stay and limited space to hold them in the shelter. These dogs are reviewed and listed by shelter supervision and management with decades of experience. Final sign off for shelter euthanasia is done at the executive management level. Training on animal handling and behavior is required for all shelter staff, multiple trainings are offered per year during onboarding and as ongoing education.

Shelter software, Chameleon, tracks stages of all sheltered animals and who has performed which steps from intake to outcome.
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3. How did other cities end up with such a sharp increase in projected 2025-26 costs? Were they being under-billed until the fee study was conducted? The fee study uses different parameters to determine costs - number of animals impounded, length of stay in the shelter, and city population, divided in a piece of the pie model based on the percentage of each city’s burden. The amount that is shared is the whole cost of county services, minus the cost the county would shoulder to provide unincorporated services, in the absence of city contracts. The county previously charged based on number of animals and kenneling days aloneall cities were charged at the same rate. These are not equivalent methods for determining fees and cannot be compared alongside. The fee study showed the department was not charging any of the cities enough to support shelter life-saving programs.

4. Is there a plan to hire Animal Behavior Specialists? Currently, there is none. Behavior is based on an animal’s observed actions in the shelter or previous documented history (such as a bite to a person or attacking another animal, Etc.). Behavior that puts an animal at risk of euthanasia is generally not thriving in the shelter environment, often caused by a long length of stay and the need to exit. The only remedy for this behavior is getting out of the shelter. RCDAS cannot offer behavior rehabilitation in the shelter, based on the volume of animals housed.

Note that behaviors exhibited in the shelter environment do not predict how an animal will behave out of the shelter. Peer reviewed research has shown it is not the best practice to perform behavior evaluations in a shelter. Article HERE.

Animal enrichment, to reduce stress and maintain adoptability, is important to the department. RCDAS is working on building an enrichment team to increase these activities including playgroups.

5. How many cats have been turned away since May? Director Mary Martin told a volunteer that CVAC is not accepting any more kittens for the summer.

RCDAS does not accept cats in traps except on Feral Fridays unless sick or injured and the department follows best practices and all applicable laws as it relates to accepting animals. Cats are triaged to determine the best outcome for each situation. Community members are offered support for trap-neuter-return for healthy adult cats that don’t require intake. Finders of underage kittens are offered support to participate in the foster program. Cats that are sick or injured are triaged 1330
based on need and could be impounded for treatment. CVAC accepts kittens that need our services.

We understand that the community needs more services and RCDAS is working to reduce this gap through onboarding more veterinary staff and investing in lifesaving programs.

6. Description of Standard Field Services, Exhibit B, Section B1: The COUNTY may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Is this not a current practice? Has it ever been a policy in the past?
It is standard practice that all animals impounded have a photo uploaded. These are updated hourly through our Chameleon software system. Exceptions may be made on a case-by-case basis, such as animals that have a substantial injury or if confiscated in a legal case. Lost animals can be viewed HERE.

7. Description of Standard Field Services, Exhibit B, Section C 10, provides a detailed policy for dogs. What is the policy on cats?
RCDAS follows best practices and all applicable laws as it relates to accepting animals. The Board of Supervisors adopted a resolution to no longer impound healthy adult cats. This is an industry best practice. Cats are allowed to legally free roam.

Cats are triaged to determine the best outcome for each situation. Community members are offered support for trap-neuter-return for healthy adult cats that don’t require intake. Finders of underage kittens are offered support to participate in the foster program. Cats that are sick or injured are triaged based on need and could be impounded for treatment.

8. How many dogs and cats were spayed per calendar year since 2019? 2019: 13,401
2020: 8,642
2021: 8,217
2022: 9,849
2023: 11,161
2024: 15,597
2025: to date - 8,017
Total: 74,858
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9. Plans to have large dog spay/neuter clinics?
With the high number of impounds impacting RCDAS shelters, the department has been primarily focused on ensuring adopted animals are spayed/neutered.

Community services are being provided as the department is able. The department recently completed renovations at the Coachella Valley Animal Campus to build a clinic. With this and the recruitment of more spay/neuter surgeons, partnering with other organizations, and more, we are hoping to increase spay/neuter services to the public.

10.Has RCDAS spent any of the funding in Sub-fund 11102 and Sub-fund 11109 since 2020, and how were the funds applied from each? What are the four project codes/purpose assigned to funds that come into Sub-fund 11109? Sub-fund 11102 - Since 2020 the department has spent $23,041 on surgical and medical supplies for the spay/neuter mobile units.

The donation funds that go into Sub-fund 11109 include:
a. The Care Fund
Donations to this fund help RCDAS go above and beyond to help our homeless pets. By contributing to the Care Fund, animal lovers can help us improve care for thousands of homeless and abandoned pets and promote their adoption into loving homes by allowing us to use the funds in areas of greatest need. $40,792 - For equipment, operational supplies, collars and leashes, educational materials, volunteer recognition, shelter signs. b. Disaster Relief Fund
This fund assists RCDAS in helping animals when a disaster occurs. Donating to the Disaster Relief Fund helps with the rescue, sheltering and treatment of animals in the event of a disaster. Funds also help train volunteers to provide life-saving tasks for animals rescued during disaster response and recovery and educate the community about disaster preparedness.
$775 - For disaster supply trailer.
c. Animal Health Fund
This Fund is dedicated to raising support for the treatment of many injured or ill animals each year. The Fund pays for medical care provided by veterinarians in our shelters and for emergency treatment and/or hospitalization in outside institutions. It also covers behavior programs, materials and support. The Fund 1332
additionally covers special care for animals suffering from cruelty or neglect, and for those in our Foster Care Program.
$100 - Professional services.
d. Pet Zone Fund
Donating to this fund allows us the opportunity to provide pet owners with programs that help them retain their pets and become responsible pet owners.

This not only helps keep animals in their loving homes it also prevents animals from coming into the shelter. Programs include but are not limited to pet spay or neuter, education and outreach, community cats, diversion and safety net programs, and other programs dedicated to the human animal bond and supporting pet owners in crisis.
$62.2 5- Dog food.

11.When does RCDAS plan to go back to reporting performance metrics in place for years, such as a) Live dog release rate, b) Live cat release rate, c) Licenses in unincorporated areas per 1,000 residents, d) Priority 1 call response times, e) annual spay and neuter procedures for cats and dogs? Currently intake and outcome data are posted on our website HERE. Information about programs and progress on goals can be found on the Creating Positive Change link HERE. A daily report card including live release information can be found on our website homepage HERE. The department is in the process of creating a dashboard to display statistics and create reports to update city partners.

12.How many adopted animals were not spayed or neutered? If any, how many were later brought back by their owners for the procedure? All adopted animals are spayed or neutered. If they are not altered, they are sent out on foster and get an appointment to return for spay/neuter and to finalize the adoption.

13.Are animals licensed at the time of adoption?
Yes, if old enough to be vaccinated - which is the requirement for licensing. Dogs can be licensed at the age of four months when they are vaccinated for rabies. 1333

14.When animals are brought in, are they tested for Parvo and rabies? [There are reports from volunteers that this is not being done.] These diseases are only tested for when symptoms are present. Dogs not showing symptoms of parvo can have a false positive result if recently vaccinated. Also, dogs in the early stages of infection can have a false negative test result if they are not yet shedding traceable amounts of the virus. Parvo virus has an incubation period that can range from 2-14 days, where the dog will not show symptoms, but could be infected, but not showing symptoms. Therefore, it is not recommended to test every animal that enters the shelter. Rabies virus can only be tested through samples of brain tissue sent to a state laboratory - this testing cannot be performed on a live animal.

15.Who determines whether an animal is healthy and adoptable, or should be euthanized?
Medical euthanasia decisions are made by the Veterinary Services Team by under the supervision and direction of the department’s veterinarians. Animals are reviewed for euthanasia by shelter supervision and management with decades of experience. Final sign off for shelter euthanasia is done at the executive management level.

16.Why doesn’t the contract reference compliance with the Hayden Act? Provisions of the Hayden Act are suspended as an unfunded mandate. The department complies with all provisions which have not been suspended. The department follows all applicable laws.

17.Can photos of all stray animals be posted online? The contract currently states they “may” be posted—can this be made mandatory? All animals are posted online, excepting special circumstances. There are times it is not feasible to post photos - such as an injured animal under treatment that may be uncomfortable for the average public to view or an animal in protective custody.

18.Is facial recognition technology, such as the program used by Petco, being utilized?
Yes. Petco Love Lost is used for all stray animals entering the shelters. 1334

19.Why are cats no longer being accepted at CVAC? [There are reports from volunteers that this is not occurring.]
The Board of Supervisors adopted a resolution to no longer impound healthy adult cats. This is an industry best practice. Cats are allowed to legally free roam.

Cats are triaged to determine the best outcome for each situation. Community members are offered support for trap-neuter-return for healthy adult cats that don’t require intake. Finders of underage kittens are offered support to participate in the foster program. Cats that are sick or injured are triaged based on need and could be impounded for treatment.

20.Can it be made mandatory that all adopted animals are spayed/neutered, microchipped, and licensed?
This is already done where required. Dogs over four months are required to be vaccinated for rabies and licensed in the state of California. All dogs and cats of age are vaccinated upon exit.

All adopted animals are spayed and neutered. Based on shelter holding capacity, animals may be sent home on foster to return later for a spay/neuter appointment and completion of the adoption process.

Microchipping is a state law and county ordinance. All animals leaving the shelter are microchipped.

21.What happens when an unlicensed animal is picked up and reunited with its owner?
In general, the owner is educated on licensing and is required to license in the moment or within a specified timeframe. Licensing is enforced, along with spay/neuter, and microchipping when needed. People with a stray dog or cat at large are given a ‘fix it’ ticket to ensure these requirements are done. The department can help with low or no-cost services depending on the situation.

22.What is the amount of money RCDAS receives annually from rendering plants where euthanized dogs and cats are sent?
None. Animals in RCDAS care, that have died or found dead and brought into a shelter, are not sent to a rendering plant; they are buried and RCDAS pays for contracted services for burial.
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 28, 2025
PREPARED BY: Carlos Flores, AICP, Interim Deputy Director of Development Services SUBJECT: APPROVE UPDATES TO THE OUTDOOR DINING DECK DESIGN

GUIDELINES
RECOMMENDATION:

Approve updates to the Outdoor Dining Deck Design Guidelines.

BACKGROUND/ANALYSIS:

Since 2020, the City of Palm Desert has monitored its Outdoor Dining Deck Program (Program) that permits restaurant owners to build and utilize dining decks within city streets and public rights-of-way. The current expiration date of the program is June 30, 2026. The City Council has held multiple meetings since 2020 to discuss and act on the Program.  In 2021, the Council took several actions to extend and refine its outdoor dining deck program. The Program was initially extended through June 2022, with direction to develop design guidelines approved by the Architectural Review Commission (ARC). Subsequent extensions pushed the Program through June 2024 and then to June 2026, along with the adoption of updated guidelines.
 In 2024 and 2025, the City held study sessions to discuss and move forward with implementing an annual lease fee and to plan for the El Paseo Street Rehabilitation project scheduled for Summer 2025.
 On June 12, 2025, the City held a study session to receive an update on the dining deck program, including current status of operators, next steps, and dining deck expectations.

It was reported that, with the exception of the “Little Bar” restaurant, all dining deck operators were along El Paseo. A total of three (3) operators were communicating that they would re-install their dining deck after the El Paseo Street Rehabilitation project concluded.
 At the regular City Council meeting of June 12, 2025, the City Council formed an ad hoc subcommittee, consisting of Mayor Pro Tem Trubee and Councilmember Pradetto, to review the Outdoor Dining Deck Design Guidelines (Design Guidelines).

City Council discussions and actions relative to the Program are outlined in Table 1 on the next page:
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City of Palm Desert
August 2025 Dining Deck Guidelines Update

Table 1 – Council Program Summary
Date Topic/Action Staff Report Link
June 24, 2021 Extended Program through June 30, 2022, and provide direction to establish ARC approved dining deck guidelines
Link
June 9, 2022 Extended Program through June 30, 2024 Link November 16, 2023 Extended Program through June 30, 2026, and adopted updated dining deck guidelines
Link
April 11, 2024 Study session to discuss annual fee Link May 23, 2024 Study session to receive direction on El Paseo Street Rehabilitation project going into Summer 2025 and move forward with annual lease rate Link
October 24, 2024 Establish an annual lease rate for dining decks Link May 22, 2025 Award contract for El Paseo Street rehab project for Summer 2025 Link June 12, 2025 Study session to discuss outdoor dining deck program update Link Project Description:

On July 1, 2025, City staff met with the Subcommittee to review the current Design Guidelines.

The Subcommittee directed staff to update the guidelines to prohibit dining decks on streets like El Paseo and instead allow outdoor dining directly on the sidewalk next to a restaurant. If this sidewalk dining setup would not leave at least 5 feet of clear space for pedestrians, restaurants would need to build a temporary sidewalk in the street.

The existing guidelines already allowed restaurants to build decks that rerouted pedestrians around outdoor dining areas on the sidewalk, as illustrated in Exhibit 1 from the Guidelines below. Based on the Subcommittee’s direction, staff has updated the Design Guidelines which were presented to the Subcommittee on August 19, 2025. Changes are shown in red text in Attachment 1, and include:
 Adding: “Restaurants are not allowed to build dining decks on streets with speed limits over 15 mph. On these streets, restaurants may build a temporary sidewalk instead, which must follow the same rules and standards as dining decks.”  Dining decks are still allowed on streets with speed limits of 15 mph or less, such as frontage roads along Highway 111.
 Updating the selection criteria to ban dining decks on 25 mph streets but allow sidewalk expansions if a temporary sidewalk is built and all requirements are met.

Temporary sidewalks and sidewalk expansions must follow the same rules as dining decks, including permits, insurance, fees, license agreements, safety and accessibility standards, inspections, and maintenance.
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City of Palm Desert
August 2025 Dining Deck Guidelines Update

Exhibit 1 – Temporary Sidewalk Exhibit from Guidelines
Legal Review:

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

Public Outreach:

In May and June 2025, City staff spoke with several restaurant owners interested in applying for a Temporary Use Permit (TUP) to install a dining deck in October 2025. In August, staff notified these owners about the proposed changes. Three (3) restaurants have submitted public comments opposing the changes (Attachment 2). City staff had multiple meetings with these three (3) restaurants over the last two (2) years which included them making revisions to their dining decks to meet the 2023 updated Guidelines.

FINANCIAL IMPACT:

There is no direct financial impact with this action.

ATTACHMENTS:

1. Amended Dining Deck Design Guidelines

2. Public Comments
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AUGUST 28, 2025 1

OUTDOOR DINING DECK DESIGN GUIDELINES
Amendment #2 August 28, 2025
Amended November 16, 2023
July 29, 2021
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OUTDOOR DINING DECK DESIGN GUIDELINES
AUGUST 28, 2025
AUGUST 28, 2025 2

TABLE OF CONTENTS PAGE

1.0 BACKGROUND ............................................................................................3

2.0 APPROVAL AND REVIEW STANDARDS.....................................................3

2.1 Insurance Requirements ...................................................................4

3.0 ADMINISTRATION AND COMPLIANCE......................................................9

3.1 Dining Deck Quarterly Checklist ...........................................................10

4.0 SAFETY CRITERIA ....................................................................................12

4.1 Street Design Criteria – Where Are Dining Decks Allowed ..............13

4.2 Barrier Design..................................................................................14

4.2.1 Parallel Parking Area Protection..............................................15

4.2.2 Angled Parking Area Protection...............................................15

4.2.3 Dining Deck Signage/Markings................................................17

4.3 Platform Threshold Design ..............................................................18

4.4 Drainage Design..............................................................................19

4.5 Accessibility .....................................................................................20

4.6 Maintenance And Storage................................................................22

5.0 AESTHETIC AND CONSTRUCTION GUIDELINES.........................................23

5.1 Deck Construction Standards................................................................23

5.2 Aesthetic Standards..............................................................................25

5.2.1 Vertical Elements ....................................................................25

5.2.2 Plant Material ..........................................................................28

5.2.3 Deck Materials ........................................................................28

5.2.4 Overhead Covers ....................................................................28

5.2.5 Lighting ...................................................................................32

6.0 TEMPORARY USE PERMIT……………………………………………………….34

7.0 REVOCABLE LICENSE AGREEMENT…………………………………………..43
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AMENDED OUTDOOR DINING DECK DESIGN

GUIDELINES
3 1.0 BACKGROUND
In response to COVID-19, the State of California, similar to many other States throughout the country, implemented various procedures to mitigate the effects of the pandemic. Some of these procedures included restriction or closure of indoor activities, limited capacity in closed buildings, and the introduction of more outdoor dining. Many cities were faced with varying challenges, including the need to dedicate public space for the use of outdoor activities.

The City of Palm Desert has taken an approach that allows outdoor dining through their “Outdoor Dining Deck” program. These extensions of the walkway allow for enhancement of the pedestrian environment, which can help make the street feel safer and more comfortable for people shopping, running errands, and accessing services in the City.

Typically, a Dining Deck is a built platform that extends out from the sidewalk to the width of the adjacent parking space. These decks can be used for an expanded dining area or an area to re-route pedestrian travel around expanded outdoor dining on the public sidewalk. These guidelines are intended to be a “living document” due to the rapid development of this program. The City of Palm Desert is focused on safety, accessibility, and drainage in the design of these decks. As new regulations and developments occur, these guidelines will undergo periodic revisions.

2.0 APPROVAL AND REVIEW STANDARDS
All dining decks must submit a Temporary Use Permit (TUP) Application annually for review and approval with the City’s Development Services Department. All submittals are to be prepared under the direction of and stamped by a licensed Architect or Civil Engineer.

Applicants shall submit drawings, construction methods, site plans, and identify materials used in their dining deck design. Once received, City staff will review the TUP application and submit materials for compliance with the Dining Deck Guidelines. A revocable licenses agreement must also be completed upon approval of the TUP.

August 2025 update: Restaurants shall not be allowed to install dining decks on roadways exceeding 15 mph. Roadways exceeding 15 mph may install temporary sidewalks that meet the same design guidelines, standards, procedures, compliance, and requirements as dining decks identified in this document.

Applicants will also need to provide the appropriate insurance coverage as required by the TUP. Insurance requirements are listed on the next page. 1343

AMENDED OUTDOOR DINING DECK DESIGN

GUIDELINES
4 2.1 INSURANCE REQUIREMENTS
Certificate of Liability Insurance Reference
• Verify the Named Insured matches the contract.
• Always check the AM Best rating for the insurance companies listed. The insurer number must be shown in the left column by the coverage description. • General liability coverage box should be checked “occurrence.” The blank lines underneath must show any deductible or retention.
• Boxes should either be checked or have a “Y” and an endorsement must be attached. • Boxes should either be checked or have a “Y” and an endorsement must be attached. • Verify the policy period shown covers the contract term. If not, have it reissued OR if the contract lasts beyond the expiration date, set up a reminder for a new certificate at renewal.
• Limits should be at least $2M per occurrence, $4M general aggregate and $4M products-completed operations aggregate.
• All endorsements must be attached to the certificate. • Public agency information shall match the contract.

Endorsements:

Additional Insured: Confirm the endorsement shows the Agency and all other persons required to be shown as insureds OR the endorsement says, “any person or organization as required by written contract.”
Primary, Non-Contributory: Same as the additional insured endorsement.

Waiver of Subrogation: Same as the additional insured endorsement.

Updated certificates of insurance must be submitted to the Planning Department on or before expiration.
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AMENDED OUTDOOR DINING DECK DESIGN

GUIDELINES
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7 1347
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9 3.0 ADMINISTRATION AND COMPLIANCE
Beyond the licensing process, the extension of the program also entails a roll out of increased compliance standards. Staff will track and monitor dining decks more closely and implement quarterly dining deck inspections. Inspections will ensure that dining decks continue to be maintained at the highest safety standard. Staff will work with dining deck operators to bring any deficiencies to code within a reasonable amount of time. If the operator does not comply within the documented time, removal of the dining deck will be requested.

Any dining deck working to bring deficiencies up to standard will be inoperable until all deficiencies have been resolved and final approval from the City has been given.

Any alterations or modifications must be submitted to the City’s Planning Department, prior to work commencing.
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3.1 DINING DECK QUARTERLY CHECKLIST
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AMENDED OUTDOOR DINING DECK DESIGN

GUIDELINES
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4.0 SAFETY CRITERIA
Many factors go into selecting whether or not a business can implement a Dining Deck; however, these factors are routed in the general public’s welfare and safety while maintaining the ability for safe and efficient motoring. In addition, accessibility and drainage are two other key considerations. As time progresses, the City of Palm Desert maintains a progressive approach as to how to implement this program. This section documents what businesses can take advantage of the Dining Deck program. The City intends to allow this to continue beyond the COVID-19 restrictions and going forward into the future. Many aspects must be reviewed, as there are many departments of the City that must be involved.

Planning/Engineering
The Planning/Engineering Division implements the policies and objectives of the community that are set forth in the City of Palm Desert’s General Plan, Zoning Ordinance, and Specific Plans. The Planning/Engineering Division also reviews new development proposals to ensure that the City’s design and development standards, and goals and policies are executed in the development of the City.

Building and Safety
The Building and Safety Division is dedicated to providing the highest level of code compliance, inspection services, and plan review to every architect, engineer, developer, contractor, business, and property owner that resides or works within our community. The Division strives to demonstrate fairness, equality, and the highest standard of professional ethics in providing our services while enforcing state construction laws and local ordinances that protect our citizens. The City of Palm Desert adopted its first building code in 1973.

Public Works
The Public Works Department is responsible for the planning, design, construction, operation, and maintenance of the City’s infrastructure including streets, sidewalks, storm drains, traffic signals, and landscaping. The department also oversees graffiti removal, engineering review of land development plans, and implementation of City-funded improvement projects.

Each of the above-listed departments has a vested interest in the development of the Dining Decks. Each business must submit a Temporary Use Permit application should they wish to participate in the program, and a copy of the permit has been attached in the appendices of this document. In addition, the application can be obtained from the City of Palm Desert’s website.
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4.1 STREET DESIGN CRITERIA – WHERE ARE DINING DECKS ALLOWED In order to maintain safety for both the pedestrian as well as the motoring public, the City of Palm Desert has determined certain criteria in which they will allow dining decks. Below is a summary of the minimum requirements.

Table 1: Dining Deck Selection Criteria
Allowed
Will need to be
reviewed on a caseby-case basis
Prohibited
25 mph Roadway
30 mph (and over)
Roadway X
Red Zones X
Red Zones by Fire
Hydrants X
Yellow Zones X
White Zones X
Green Zones X
Travel Lanes X
Within public
sidewalk (with
temporary sidewalk)
X
At an Intersection (i.e.

Tee Intersection)
X
Parking Lane of 8’ or
more
X
Parking Lane under 8’ X
Angled Parking Stalls X
Bike Lane/Bike Facility X
X
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4.2 Barrier Design
The City of Palm Desert is committed to the safety of its pedestrians and motoring traffic, and for this reason, Dining Decks shall be protected using standard K-Rail available from construction supply businesses. These barriers can be composed of concrete or durable plastic materials intended to be filled with water to provide a solid barrier between the vehicular traffic and the dining decks. The only exception is no concrete barricade or K-Rail should be installed facing the travel direction. K-Rail are sometimes referred to as Jersey Barriers. At a minimum, barriers must be 36-42 inches high; not easily moved, altered, or stolen; stable and sturdy enough not to fall over or be pushed over (must withstand 250lbs of force).

Concrete K-rail
Plastic K-rail filled with water.
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4.2.1 PARALLEL PARKING AREA PROTECTION
In order to eliminate a blunt edge, the City of Palm Desert is recommending that an approximate 10-foot-long transition be created using K-Rail on the approach side of the dining deck. Parallel to the travel lanes, between the deck and the travel lane, a solid K-Rail barrier shall be provided. On the departure side of the deck, a single K-Rail shall be placed in order to prevent cars from backing up during a parking maneuver from colliding with the deck. As an additional safeguard, a parking wheel stop shall be provided, 4 feet from the last K-rail to further protect the dining deck from someone backing up into a parking stall. It is also an option to provide this on the approach side of the dining deck. All parking wheel stops should be bolted into the street. The City shall work with the applicant to obtain appropriate payments for future improvements once the dining deck is removed.

Parking wheel stop

4.2.2 ANGLED PARKING AREA PROTECTION
Similar to the parallel parking area Dining Deck, the use of K-Rail shall be implemented to protect Dining Decks placed in angled parking stalls. Since these areas tend to have a greater depth, the decks should be placed at the end of the stall and outside of the traveled way. A conceptual layout has been provided in Figure 1.
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Figure 1: Dining Deck Parking Area Protection
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4.2.3 DINING DECK SIGNAGE/MARKINGS
Dining decks should include a Type E Flexible Base Delineator on the upstream and downstream side of the k-rail. In addition, a single white reflective tab shall be placed in the middle of each k-rail parallel to the path of travel. The tab shall be installed such that vehicles approaching can see the tab.

Type E Flexible Base Delineator
Single White Reflective Tab
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4.3 PLATFORM THRESHOLD DESIGN
The Dining Deck platform serves as the foundation for the outdoor space and, as such, must be designed of durable materials that can withstand inclement weather and handle the wear and tear of the elements and regular pedestrian traffic.

The platform deck shall be designed in accordance with appropriate ADA and California Building Code Chapter 11B. As such, the City of Palm Desert recommends that the platform shall be level with the existing sidewalk (or within ¼”) and a gap no larger than ½” exists between the curb face and the proposed deck. Any vertical difference over ¼” shall be beveled with a 1:4 (25%) slope.

Platforms shall not be bolted to the existing pavement or concrete improvements. If bolting is proposed, the City shall work with the applicant to obtain appropriate payments for future improvement replacement.

Please refer to the Safety Guidelines for more detailed information about thresholds. If the deck is above the height of the curb, a code-compliant handicap-accessible ramp must be provided. All exposed deck edges are to be clad in a 2x wood material with a metal angle on the edge (see Diagram 3 below) or be totally clad in metal and finished with a paint color that meets with City staff approval.
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4.4 DRAINAGE DESIGN
In general, most Dining Decks are constructed against an existing curb and gutter, and such local drainage should be taken into account. Impeding of the flow of surface water could cause ponding and potential flooding of the deck creating a hazard for pedestrians and the motoring public. As such, a 6” x 6” minimum clear gutter space must be provided along the entire length of the Dining Deck adjacent to the curb. Openings at either end may be covered with screens to prevent debris buildup underneath the deck and in the gutter. 1359

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4.5 ACCESSIBILITY
Dining decks shall be designed in accordance with current Americans with Disabilities Act and Chapter 11B of the California Building Code. This means that no sidewalk shall be interrupted at any time and a 5ft. clear travel path shall be maintained at all times.

SAMPLE DINING DECK
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SAMPLE DINING DECKS
(https://www.giffelswebster.com/dining-platforms-and-parklets-in-parking-spaces/) 1361
22UGUS 28, 202

4.6 MAINTENANCE AND STORAGE
• Business owners and outdoor dining deck operators shall keep the outdoor dining space clean and free of debris. Outdoor dining furniture, restaurant equipment, or appliances are not permitted to be stored in the outdoor dining space or in the public right-of-way.
• The outdoor dining area shall be kept in a good state of repair and maintained in a clean, safe, and sanitary condition at all times. Regular cleanup of trash and debris shall be the responsibility of the business owner.
• Advertising is not permitted. This includes Logos, advertising, and other branding is prohibited.
• The outdoor dining area shall maintain designated ingress and egress points and shall always keep them clear and accessible.
• All landscaping and potted trees shall be well-maintained and kept free of litter and debris.
• The City’s Planning Department must be contacted regarding any minor/maintenance issues that arise. Outdoor dining deck operators will have 48 hours to draft a plan and timeline that addresses all issues. • If the City determines that a dining deck is a safety hazard to either drivers or diners, the dining deck must be removed or repaired immediately. Any dining deck not repaired within 24 hours will be removed by the City and all charges associated with the removal will be the responsibility of the business owner. 1362

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5.0 AESTHETIC AND CONSTRUCTION GUIDELINES
The intent of the aesthetic and construction guidelines for outdoor dining decks is to establish design and construction methods that will result in decks that are both safe and aesthetically pleasing for the public.

The aesthetic and construction guidelines outline a minimum standard and are not intended to stifle creativity. All submittals will be reviewed on a case-by-case basis and will be deemed acceptable (or not acceptable) based on architectural merit, safety, and compliance with these design guidelines.

Dining decks are meant to provide additional outdoor seating options for patrons and add another layer of interest to the street scene.

5.1 DECK CONSTRUCTION STANDARDS
Decks may use one of the following construction methods:

OPTION 1:

A 2x4, 2x6, or 2x8 pressure treated wood covered with a 5/8” minimum marine grade plywood subfloor. The plywood is to be screwed, not nailed, into the 2x members. The finish may be a non-slip tile or an outdoor carpet. An adequate street drainage system needs to be provided adjacent to the curb. This could be either an open space or metal tube below the deck, or wood framing adjacent to the curb could be raised off the street high enough to allow for stormwater to pass underneath it. See Diagram 1 below.

Diagram 1
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Ideally, the top of the deck would be at the same elevation as the top of the curb for an easy transition. This is preferred and encouraged. If the deck is at the same elevation as the curb, provide a suitable metal threshold. See Diagram 2 below.

Diagram 2
DIAGRAM 3
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OPTION 2:

Brick pavers over a sand sub-base, over gravel, over two layers of 3 mil vis queen. The top of the brick pavers are to be flush with the top of the curb. The edges of the deck, other than on the curb side, are to be finished with a steel angle or plate. Corners of the steel edging may be connected with steel angles (on the inside) and bolts. The vis queen should extend up the inside vertical face of the edges, except on the curb side. Street drainage is to be provided with a plate steel tube adjacent to the curb. The top of the tube is to be flushed with the top of the pavers and the top of the curb. This can also be designed so that the top piece is removable plate steel that drops into place. See Diagram 4 below.

DIAGRAM 4

4.0 AESTHETIC STANDARDS

4.0.1 VERTICAL ELEMENTS
As outlined in the Safety Criteria, K-rail or water-filled barricades shall provide the base for the vertical elements. These barriers shall be covered with acceptable materials so that they are not visible.

Acceptable cover materials include, but are not limited to metal, ceramic tile, stone, cementitious products, etc. Some of these materials may be applied over a boxed out subframe that fits over the K-rail, or water-filled barriers (see Diagram 5 below). Unlike Diagram 5 however, it is preferred that the entire barrier is covered with the finish material. The acceptability of any material is subject to review. This is because different materials have various levels of quality and attractiveness. They also can be applied in a variety of ways, some of which may be more attractive than others.
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The following vertical barrier materials would generally not be deemed acceptable: Vinyl pickets or lattice work, painted wood pickets, plastic sheets, fabrics.

DIAGRAM 5
Other possible vertical barrier options are 3-dimensional plate steel forms that could be exposed or clad with an acceptable finish material. These forms could be filled with soil and plant material with an appropriate drainage system to serve as a weighted barrier. Another option for these plate steel forms would be to fill them with gravel to a certain level and then top them off with tightly spaced plants in pots or plastic containers. The containers would need to be hidden below the top edge of the form so that only the plant material is visible.

See Diagrams 6 & 7 below.

DIAGRAM 6
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DIAGRAM 7
Other “heavy” elements could be considered on a case-by-case basis, such as concrete forms (see Diagram 8 below) or large pots filled with soil.

DIAGRAM 8
Small openings between solid barriers may be permitted. These openings would need to be separated from the street with horizontal cable rail, steel dowels, or some other material that is deemed aesthetically attractive and acceptable by Staff. This material cannot have any space large enough to allow a 4” sphere to pass through (see Diagram 9). Material selection and methods of application will be reviewed by Planning Staff. 1367

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DIAGRAM 9

4.0.2 PLANT MATERIAL
Plant material is highly encouraged and recommended. Plant material could be natural or artificial and would be subject to approval by City Staff.

4.0.3 DECK MATERIALS
Brick pavers and framed plywood decks covered with non-slip tile or outdoor carpeting are acceptable.

Note, tiles and outdoor carpeting are acceptable as a material; however, it will be reviewed on an individual basis for aesthetic acceptability. Artificial turf is not acceptable.

4.0.4 OVERHEAD COVERS
Extremely long, continuous covers are discouraged. Covers should be broken up to provide a more “playful” composition and aesthetic quality.

Overhead Covers may consist of the following:

1. Portable umbrellas of a style and color that is deemed to be acceptable by City Staff.

See Diagram 10 below.
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DIAGRAM 10

2. Engineered umbrellas that require a fixed engineered base. See Diagram 11 below.

DIAGRAM 11
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3. Engineered canvas covers that are connected to the building or to trees. Connection methods need to be engineered and clearly illustrated to determine aesthetic acceptability. See Diagram 12 below.

DIAGRAM 12
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4. Pre-engineered canvas covers with metal poles of a style and color that is deemed to be acceptable by City Staff. See Diagram 13 below.

Metal poles would need to be secured by bolting into the deck base or providing aesthetically acceptable concrete piers. Sandbags are not acceptable.

DIAGRAM 13
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4.0.5 LIGHTING
Lighting may consist of the following:

1. Overhead electrical wiring is not permitted, nor is any electrical wiring across the sidewalk. Market style LED lighting which may be strung from nearby trees and/or connected to poles and/or connected to pre-engineered canvas covers. See Diagram 13 below.

DIAGRAM 13
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2. Lantern style lighting. See Diagram 14 below.

3. Artificial battery-operated candles. See Diagram 14 below.

DIAGRAM 14
Lighting should be 3000 to 2700 Kelvin or warmer.

Lighting brightness would be at the discretion of the Planning Staff, but generally, light sources should not cause an unpleasant glare and especially not to someone that is not in the deck area.
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5.0 TEMPORARY USE PERMIT (TUP)
City of Palm Desert
Temporary Use Permit
Outdoor Business Expansion Application
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City of Palm Desert

DRAFT REVOCABLE LICENSE AGREEMENT
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July 31, 2025
To Palm Desert City Council, and anyone this may concern; I am writing in regard to the dining decks on El Paseo. On July 30, 2025 at 4pm, I received an email from Vanessa Mager from the city, stating that now the city council is considering changing the guidelines for the dining decks again! I am totally shocked, by this new development! I was promised, by the city, before we were required to remove the patios for the paving, that it would be a simple and cost-effective solution to putting them back. Having said that, I removed my patio in a manner to be able to salvage many of the pieces to be used again. The patio cover, alone cost me $27,000.00, and now with the possible new guidelines, will not be able to be used again. I bought a storage shed for $1500.00, that my landlords were generous enough to allow me to place on the property behind the restaurant, until we could rebuild. The costs go on and on! Now, it seems the city council would like to repeal this promise. And, this is revealed to me only two months ahead of the scheduled rebuild and you want to change it all up again, and a final decision will not be made until one month before! Please keep in mind the amount of time it requires to obtain the city permit, redo the plans, and get approval. I would like to also make you aware of the situation of the sidewalk in front of my restaurant. The sidewalk is at an angle from the glass wall of the exterior of my location to the gutter. The cost 1389
to level this out, to be able to have tables and chairs sitting flat, will be extreme and will probably require an engineer for guidance. All this expense to only guarantee the patio can be there until 06/26. I have not spoken with the other patio owners yet, but can only imagine they feel the same. The patios are a great addition to the street as well as helping the restaurant owners stay alive in these challenging times of economic instability. I hope the city council will reexamine these proposals, as there is only a guarantee of being able to have a patio for one more season and to change it all up, again, at this late date, seems a bit unjust. A promise is a promise.

Thank you for your time and consideration. I await your quick response.

Sincerely,
Sally Hill
Chef/owner
Sweet Basil Ca. Eatery
[email protected]
1390
From: Vanessa Mager
To: Manuel Rios
Subject: FW: Dining Decks
Date: Monday, August 4, 2025 10:19:06 AM
Attachments: pdlogosmall_72e0e3f9-a775-4c5b-a732-3c364ad37d3c.jpg constructionemailbanner_480108ad-cdbb-49aa-8ee9-aaaecd72dda8.png Hi Manuel,
I'm not sure if you received the email below, but I wanted to be sure the City Council received the message.

Thank you,
Vanessa
Vanessa Mager
Business and Community Outreach Coordinator
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6425 | www.palmdesert.gov Construction Email Banner.png
-----Original Message-----
From: Sheri Pierattoni <[email protected]>
Sent: Sunday, August 3, 2025 4:31 PM
To: Vanessa Mager <[email protected]>
Subject: Dining Decks
Members of the City Council,
After the notice I was given that the Council has decided to change what was originally a verbal agreement from Carlos (representing the City) that I could in fact build back my deck the way it was constructed before with a few modifications. Now you are wanting us to put them on the sidewalks in front of the entry way of our restaurants which will cost more in designing, architectural plans for the seating and the cost of the sidewalk buildout. This added expense not knowing if we will need to take it all down if the ABC doesn’t renew our liquor license.

This seems highly unfair to spring on us 2 months before we are to build.

Please revisit your decision.

Kind regards,
Sheri Pierattoni
PizzaVino
1391
From: Vanessa Mager
To: Manuel Rios
Cc: Carlos Flores
Subject: FW: Patio Revisions
Date: Tuesday, August 19, 2025 12:40:36 PM
Attachments: ~WRD1873.jpg
pdlogosmall_72e0e3f9-a775-4c5b-a732-3c364ad37d3c.jpg
constructionemailbanner_480108ad-cdbb-49aa-8ee9-aaaecd72dda8.png Hi Manuel,
Can you please see that City Council receives the email below.

Thank you,
Vanessa
Vanessa Mager
Business and Community Outreach Coordinator
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6425 | www.palmdesert.gov Construction Email Banner.png
From: amanda Alvarez <[email protected]>
Sent: Saturday, August 16, 2025 12:26 PM
To: Vanessa Mager <[email protected]>; Armando Alvarez <[email protected]> Subject: Patio Revisions
Dear City Council Member, I'm writing this email on behalf of Armandos Bar and Grill, and I'm writing to share some concerns regarding the proposed changes to the dining deck guidelines, particularly the extended patio format. The new guidelines, as we understand them, wo ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

CGBANNERINDICATOR
Dear City Council Member,
I'm writing this email on behalf of Armandos Bar and Grill, and I'm writing to share some concerns regarding the proposed changes to the dining deck guidelines, particularly the 1392
extended patio format.

The new guidelines, as we understand them, would likely incur new costs for construction or compliance, as well as require permits that may be expensive and difficult to obtain on such short notice. This adds significant pressure on businesses like ours, both logistically and financially.

We're worried about the impact on our business's curb appeal, as our patio's charm relies heavily on the beautiful flowers and lighting that attract customers and passersby alike.

Additionally, our car shows during the desert's peak season are a huge draw, and the new format might compromise the great view we offer to attendees. We're also concerned about the limited space for our seasonal decorations during Halloween, Christmas, and Cinco De Mayo, which are a big part of our community engagement.

Given the uncertainty surrounding the state's Covid rule extensions, we're already facing a one-season guarantee for our patio. We'd appreciate it if you could consider these points when making your decision.

Thank you for your time, and we look forward to your response.

Best regards,
Amanda Alvarez
Manager; Armando's Bar and Grill
1393
From: Vanessa Mager
To: Manuel Rios
Subject: FW: Pizzavino Dining Deck
Date: Tuesday, August 5, 2025 4:00:22 PM
Attachments: pdlogosmall_72e0e3f9-a775-4c5b-a732-3c364ad37d3c.jpg constructionemailbanner_480108ad-cdbb-49aa-8ee9-aaaecd72dda8.png Hi Manuel,
This email is for City Council.

Thank you!
Vanessa Mager
Business and Community Outreach Coordinator
City of Palm Desert
73510 Fred Waring Drive, Palm Desert, CA 92260
[email protected] | 760.776.6425 | www.palmdesert.gov Construction Email Banner.png
-----Original Message-----
From: Sheri Pierattoni <[email protected]>
Sent: Tuesday, August 5, 2025 3:34 PM
To: Vanessa Mager <[email protected]>
Subject: Pizzavino Dining Deck
Council members:

After being made aware of the fact that your scheduled meeting to decide on the fate of the dining decks isn’t until August 28th I cannot emphasize how unfair this is to the restaurants. We have been told we can put back our existing decks and be operating by October.

If you decide to pass this new requirement there is no way we can be operating by October.

We will need to get an architectural plan submitted to the City. Who know long it will take to get approval, then build it. This in itself will take longer than 4 weeks.

I have always felt that Palm Desert has been very business friendly and incredibly supportive during COVID. Even your decision to listen to our arguments about the cost of the decks going forward and come to a compromise that is a win-win speaks volumes. If you pass this at this late date you will be pushing through your agenda not caring how it affects us financially. Is that what you want?
Cordially,
Sheri Pierattoni
Pizzavino
Sent from my iPhone
1394

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 28, 2025
PREPARED BY: Anthony J. Mejia, City Clerk
SUBJECT: INTRODUCTION OF ORDINANCES AMENDING THE PALM DESERT

MUNICIPAL CODE TO RENAME THE CULTURAL RESOURCES

PRESERVATION COMMITTEE AND THE RESOURCE PRESERVATION

AND ENHANCEMENT COMMITTEE
RECOMMENDATION:

1. Introduce an ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 29.30 OF THE PALM DESERT

MUNICIPAL CODE TO RENAME THE CULTURAL RESOURCES PRESERVATION COMMITTEE TO THE HISTORIC PRESERVATION COMMITTEE.”

2. Introduce an ordinance entitled “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER 2.66 OF THE PALM DESERT

MUNICIPAL CODE TO RENAME THE RESOURCES PRESERVATION AND ENHANCEMENT COMMITTEE TO THE ENVIRONMENAL RESOURCES COMMITTEE.” BACKGROUND/ANALYSIS:

Following recent interviews related to the City’s appointed bodies, concerns were raised regarding the similarity between the names “Cultural Resources Preservation Committee” and “Resource Preservation and Enhancement Committee.” This similarity has led to confusion among applicants, staff, and the City Council.

To address this, the Council Subcommittee on Boards and Committees, comprised of Councilmember Pradetto and Mayor Harnik, recommended updating both committee names to reflect widely recognized terminology used by other jurisdictions in the fields of environmental policy and historic preservation. The revised names aim to more clearly convey each committee’s purpose and improve public understanding.

The following changes are proposed:
 Resource Preservation and Enhancement Committee to Environmental Resources Committee  Cultural Resources Preservation Committee to Historic Preservation Committee These are name changes only. No changes are proposed to the committees’ membership, responsibilities, or meeting schedules.

Legal Review:

This report has been reviewed by the City Attorney’s Office. 1395
City of Palm Desert
CPRC and RPEC Name Changes

FINANCIAL IMPACT:

There is no financial impact associated with this action.

ATTACHMENTS:

1. Ordinance: Cultural Resources Preservation Committee

2. Ordinance: Resource Preservation and Enhancement Committee 1396
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTER 29.30 OF THE PALM
DESERT MUNICIPAL CODE TO RENAME THE “CULTURAL
RESOURCES PRESERVATION COMMITTEE” TO THE “HISTORIC
PRESERVATION COMMITTEE”

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

SECTION 1. All references to the “Cultural Resources Preservation Committee” in Chapter 29.30 of the Palm Desert Municipal Code are hereby amended to read “Historic Preservation Committee.”
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 ____________________.

ANTHONY J. MEJIA

CITY CLERK
1397
1398
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTER 2.66 OF THE PALM
DESERT MUNICIPAL CODE TO RENAME THE “RESOURCE
PRESERVATION AND ENHANCEMENT COMMITTEE” TO THE
“ENVIRONMENTAL RESOURCES COMMITTEE”

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

SECTION 1. All references to the "Resource Preservation and Enhancement Committee" in Chapter 2.66 of the Palm Desert Municipal Code are hereby amended to read "Environmental Resources Committee."
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 ____________________.

ANTHONY J. MEJIA

CITY CLERK
1399
1400

CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 28, 2025
PREPARED BY: Carlos Flores, AICP, Interim Deputy Director of Development Services SUBJECT: APPROVE A GENERAL PLAN AMENDMENT AND ZONING ORDINANCE

AMENDMENT TO PERMIT SINGLE-FAMILY DWELLINGS AND DAY

CARE CENTERS IN THE DOWNTOWN EDGE TRANSITION OVERLAY -

CEQA DETERMINATION
RECOMMENDATION:

1. Hold a public hearing and introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM DESEERT, CALIFORNIA, APPROVING A GENERAL

PLAN AMENDMENT TO MODIFY THE CITY CENTER/DOWNTOWN SECTION OF THE

GENERAL PLAN TO REMOVE MINIMUM DENSITY REQUIREMENTS AND CLARIFIES ALLOWED LAND USE TYPES AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”

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

PALM DESERT, CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO MODIFY TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE TO ADD SINGLE

FAMILY RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND USE TYPE AND MAKING A FINDING OF EXEMPTION UNDER CEQA.”
Executive Summary
City staff is proposing a General Plan Amendment (GPA) and a Zoning Text Amendment (ZOA) to include the following:

GPA (Case File GPA25-0001):
 Add language explicitly allowing single-family dwellings in City Center/Downtown, near residential edges (Alessandro Dr, Shadow Mountain Dr, Tumbleweed Ln).  Remove 12-unit/acre minimum density and set maximum density at 40 units/acre.  Revise and clarify language in the “Intent and Purpose” section of the City Center/Downtown land use designation to reinforce the allowance of moderate- to highintensity mixed-use development and explicitly state that hotel uses are permitted.

ZOA (Case File ZOA25-0001):
 Amend Chapter 25.18.040 (Land Use and Permit Requirements) to:
o Permit single-family dwellings by right in DE-O (instead of being prohibited) o Allow day care centers with a Conditional Use Permit (CUP) in DE-O BACKGROUND/ANALYSIS:

On November 10, 2016, the City Council adopted Resolution No. 2016-86, which certified an Environmental Impact Report (EIR) for a comprehensive update of the City’s General Plan, and Resolution No. 2016-87, which adopted the City’s General Plan update. This update established 1401
City of Palm Desert
GPA/ZOA25-0001

the City Center/Downtown land use designation in the Highway 111 area. The intent of the City Center/Downtown designation is to provide high intensity mixed-use development anchored by civic, cultural, entertainment, retail, and dining activity.

At the November 2016 meeting, the City Council also passed Ordinance No. 1313, approving the One Eleven Development Code, and passing it to a second reading on December 8, 2016.

The One Eleven Development Code is the zoning document for the Highway 111 Corridor area located along Highway 111, generally east of Monterey Avenue/Highway 74 and west of Deep Canyon Road. The One Eleven Development Code also includes areas adjacent to the El Paseo Shopping District, San Pablo Avenue, and transitional areas along Alessandro Drive and Shadow Mountain Drive. The intent was to provide for a mixture of residential, commercial, and office land uses oriented around pedestrian-oriented spaces and walkable streets within the City Center/Downtown land use designation.

Ordinance No. 1313 established zoning regulations for development and land uses within the City Center/Downtown, including the establishment of two (2) zoning districts, four (4) overlay districts, and one special district as shown in Figure 1 below:
- Downtown (D) District
- Downtown Core Overlay (D-O)
- Downtown Edge (DE) District
- Downtown Edge Transition Overlay (DE-O)
- El Paseo Overlay
- San Pablo Overlay
- Civic/Open Space Special District
Figure 1 – Downtown Zoning Map
Ordinance No. 1313 created Chapter 25.18.040 within the Palm Desert Municipal Code (PDMC), which established which uses are permitted by right, require a use permit, or are prohibited, 1402
City of Palm Desert
GPA/ZOA25-0001

broken down by district or overlay. Per Chapter 25.18.040, single-family dwellings are permitted by approval of a conditional use permit in the D and DE Districts and the D-O. They are prohibited within the DE-O.

The DE-O is focused along the edges of the City Center/Downtown land use area, abutting Alessandro Drive, Shadow Mountain Drive, and Tumbleweed Lane. The DE-O is mostly comprised of a mixture of residential uses, with occasional nonresidential uses. The DE-O currently has single-family dwellings located on multiple parcels, which are currently considered legal nonconforming given that their construction and use were prior to the approval of Ordinance No. 1313. New single-family dwellings are currently prohibited from construction within DE-O. If any existing single-family dwelling within the DE-O is vacated for six (6) months, it is not allowed to re-establish itself as a single-family dwelling and must conform with a permitted use pursuant to Chapter 25.18.040.

Day care centers are also prohibited within the DE-O. Day care centers are defined in the PDMC as “A commercial or nonprofit child or adult day care facility not operated as a small or large family day care home. Includes infant centers, preschools, extended day care facilities, and facilities for adults who require supervision and care because of advanced age, mental or physical deterioration, dementia, Alzheimer's disease, or similar disabling condition. These may be operated as part of a business, school, or religious facility, or as an independent land use.” Large and small family day care centers are permitted by right in DE-O and educational institutions are allowed with approval of a Conditional Use Permit (CUP). Historically, Day care centers were allowed on parcels within the DE-O, such as the building at 44911 Cabrillo Way, which was the former site of the “Wallaroo Kids Learning Center daycare/preschool facility” approved by CUP 04-18. This building would currently be prohibited from being used as a new daycare/preschool.

Figure 2 – DE-O Locations
1403
City of Palm Desert
GPA/ZOA25-0001

On June 5, 2025, staff met with the Downtown Subcommittee to discuss future planning objectives and goals for the downtown area. During the meeting, staff presented information highlighting inconsistencies between the General Plan and the Zoning Ordinance. It was explained that these discrepancies would be brought before the Planning Commission and City Council for further discussion and a determination on how best to move forward with the planning objectives.

Project Description:

GPA
GPA25-0001 revises the “City Center/Downtown” allowed land uses section to reflect that singlefamily dwellings are allowed. The text would be revised to add: “Single family residential may be located in areas of downtown abutting existing neighborhoods near Alessandro Drive, Shadow Mountain Drive and Tumbleweed Lane.”
The GPA25-0001 would also remove a minimum density threshold of 12 units to the acre within City Center/Downtown and establish that density would be up to 40 units to the acre. A minimum density of 12 units to the acre meant that single-family dwellings could only develop on parcels that were no greater than 3,630 square feet in size, a standard which severely restricted areas which would allow for single-family dwellings.

The GPA25-0001 also includes clean up within the City Center/Downtown “Intent & Purpose” to establish that it would allow moderate to high intensity mixed use development and explicitly state it allows hotels, which was the intended use.

ZOA
ZOA25-0001 amends Chapter 25.18.040 to make single-family dwellings within the DE-O permitted by right instead of prohibited. In City staff’s review of the City Center/Downtown land use areas, the DE-O is the only area where single-family dwellings currently exist but the only zoning designation where it is currently prohibited.

The ZOA25-0001 would also amend the same Chapter 25.18.040 to allow Day care centers with approval of a Conditional Use Permit (CUP). The DE-O allows for all other types of day cares and educational institutions but prohibits Day care centers, which are allowed in the D and D-O zoning districts with approval of a CUP.

DE-O areas are appropriate for the continued use of existing single-family dwellings, for future construction of new single-family dwellings, and for future use of Day care centers. DE-O is located in areas that strategically abut residential and nonresidential areas to create an appropriate transition between downtown and surrounding residential areas. If approved, the change would remove existing nonconformities and would not establish any new nonconformities.
1404
City of Palm Desert
GPA/ZOA25-0001

Legal Review:

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

Planning Commission Recommendation:

On July 15, 2025, the Planning Commission held a duly noted public hearing and adopted Planning Commission resolution No. 2895 which recommended the City Council approve GPA/ZOA 25-0001, as presented.

Environment Review:

The City’s Development Services Department finds that this is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting 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. Pursuant to Section 15061(b)(3) General Rule of the CEQA Guidelines of the CEQA Guidelines, CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty 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.

This Project itself does not have the potential to impact the physical environment.

Public Input
Public noticing was conducted for August 28, 2025, City Council meeting per the requirements of PDMC Section 25.60.060 and Government Code Sections 65090 to 65094 and 65854. This includes the requirements of Section 65854 recently updated pursuant to Assembly Bill 2904. A public hearing notice was published a minimum of 20 days before the hearing date in The Desert Sun newspaper on August 8, 2025. City staff has received no comments on the project as of the date of this report.

FINANCIAL IMPACT:

There is no financial impact with this action.

ATTACHMENTS:

1. Draft Ordinance
a. Exhibit A General Plan Amendment

2. Draft Resolution
a. Exhibit A Zoning Ordinance Amendment

3. Public Hearing Notice
1405
1406
ORDINANCE NO. 2025-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM

DESERT, CALIFORNIA, APPROVING A GENERAL PLAN AMENDMENT

TO MODIFY THE CITY CENTER/DOWNTOWN SECTION OF THE

GENERAL PLAN TO REMOVE MINIMUM DENSITY REQUIREMENTS

AND CLARIFIES ALLOWED LAND USE TYPES AND MAKING A

FINDING OF EXEMPTION UNDER CEQA
CASE NOS. GPA25-0001
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;
WHEREAS, the General Plan Amendment (“Project”) is initiated by the City of Palm Desert Development Services Department and modifies the City Center/Downtown Section of the General Plan to remove minimum density requirements and clarifies allowed land use types; 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, the proposed Project would not create any nonconforming uses or structures and makes the Municipal Code and General Plan consistent with existing structures and uses; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment under Section 15061(b)(3) General Rule of the CEQA Guidelines of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July 2025, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request and adopted Planning Commission Resolution 2885 recommending the City Council approve said Project; and 1407
2 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of August 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

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

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

SECTION 2. General Plan Amendment. As required by Palm Desert Municipal Code “PDMC” Section 25.78.070, the City Council makes the following findings to approve a General Plan Amendment:

There is a substantial public benefit to be derived from such amendment and the proposed amendment furthers the goals of the General Plan.

The provided General Plan Amendment clarifies that single family residential units are allowed within the City Center/Downtown designation, which is consistent with the Palm Desert Municipal Code and with existing single family residential units constructed and used within the area. The removal of a minimum density allows additional opportunities for development of sites within the area to increase the amount of housing units. The General Plan Amendment does not introduce significant change but instead clarifies original intention and existing uses for the City Center/Downtown.

SECTION 3. CEQA Determination. The City Council finds that the Project is this is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting 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 4. General Plan Amendment. The City Council approves the General Plan Amendment presented, as depicted in Exhibit “A.”
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. 1408
3 SECTION 6. Posting and Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish a summary of this Ordinance in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption.

ADOPTED ON___________________, 2025.

JAN 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 __________________ .

ANTHONY J. MEJIA

CITY CLERK
1409
1410
CHAPTER 3: GENERAL PLAN

3-18 | CITY OF PALM DESERT
City Center/Downtown
Intent & Purpose
To provide moderate to high-intensity mixed-use development anchored by civic, cultural, entertainment, hotel, retail and dining activity that features a variety of building sizes and housing choices.

Development Intensities
DU/AC: 12.0 Up to 40
Commercial FAR: Up to 2.5
Allowed Land Uses
A variety of civic, cultural, entertainment, retail, restaurant, and commercial services activity along with multi-family dwellings organized along walkable streetscapes.

Single family residential may be located in areas of downtown abutting existing neighborhoods near Alessandro Drive, Shadow Mountain Drive and Tumbleweed Lane. Ground floor uses include retail, restaurant, service, and office uses, while upper floors may accommodate residential and/or office uses. Residential uses are generally prohibited on building ground floors fronting El Paseo and Highway 111.

Intended Physical Character
Streetscape and Connectivity
Streetscapes are urban with formal street tree arrangements, on-street parking and are highly interconnected.

Parks and Open Space
Open space is primarily provided through the generous streetscapes and variety of plaza open spaces at key gathering areas. Within larger mixed-use or multi-family buildings, open space is provided in the form of courtyards which are shaded by the buildings.

Built Form and Character
Buildings are near or at the sidewalk to shape the commercial streetscapes, support outdoor dining and for easy view of storefronts. Smaller buildings face streets and public gathering spaces. Buildings are typically mixed-use up to 3 stories with taller buildings up to 5 stories focused at key intersections and/or public open space. A variety of housing choices, including lodging, up to 5 stories, are also allowed.

1411
1412
RESOLUTION NO. 2025-

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

CALIFORNIA, APPROVING A ZONING ORDINANCE AMENDMENT TO
MODIFY TITLE 25 (ZONING) OF THE PALM DESERT MUNICIPAL CODE TO

ADD SINGLE FAMILY RESIDENTIAL AND DAY CARE CENTERS AS AN

ALLOWED LAND USE TYPE AND MAKING A FINDING OF EXEMPTION UNDER CEQA.

CASE NOS. ZOA25-0001
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;
WHEREAS, the Zoning Ordinance Amendment (“Project”) is initiated by the City of Palm Desert Development Services Department and modifies Title 25 (Zoning) of the Palm Desert Municipal Code to add single family residential and day care centers as allowed land use types; 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, the proposed Project would not create any nonconforming uses or structures and makes the Municipal Code and General Plan consistent with existing structures and uses; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State California Environmental Quality Act (CEQA) Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.) and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, pursuant to the requirements of the CEQA, the State Guidelines for Implementation of CEQA (State CEQA Guidelines), and the City of Palm Desert CEQA Implementation Requirements, the City of Palm Desert Development Services Department has determined that the Project will not have a significant impact on the environment under Section 15061(b)(3) General Rule of the CEQA Guidelines of the CEQA Guidelines; therefore, no further environmental review is necessary; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of July 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request and adopted Planning Commission Resolution 2895 recommending the City Council approve of said Project; and WHEREAS, the City Council of the City of Palm Desert, California, did on the 28 th day
of August 2025, hold a duly noticed public hearing to consider the request by the Applicant for approval of the above-noted Project request; and
1413
2 WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the City Council did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request:

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

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

SECTION 2. General Plan Consistency.

There is a substantial public benefit to be derived from the Zoning Ordinance Amendment and the proposed amendment furthers the goals of the General Plan. The Zoning Ordinance Amendment is in line with the General Plan, as amended via General Plan Amendment 25- 0001, approved by the City Council on August 28th, 2025.

The provided General Plan Amendment clarifies that single family residential units are allowed within the City Center/Downtown designation, which is consistent with the Palm Desert Municipal Code and with existing single family residential units constructed and used within the area. The removal of a minimum density allows additional opportunities for development of sites within the area to increase the amount of housing units. The General Plan Amendment does not introduce significant change but instead clarifies original intention and existing uses for the City Center/Downtown.

SECTION 3. CEQA Determination. The City Council finds that this is not a “project,” as defined in the California Environmental Quality Act (CEQA) because it does not have a potential for resulting 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 4. Zoning Ordinance Amendment. The City Council approves the Zoning Ordinance Amendment as presented, as depicted in Exhibit “A.” SECTION 5. Based upon the foregoing findings and facts incorporated herein, the City Council hereby approves ZOA25-0001.

ADOPTED ON ______.

JAN HARNIK
MAYOR
ATTEST:
1414
3 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 ______________, 2025.

ANTHONY J. MEJIA

CITY CLERK
1415
4 Exhibit “A.”
1416
§ 25.18.040. Land Use and Permit Requirements.

Table 25.18-1 (Use Matrix for Downtown Districts) identifies allowed uses and corresponding permit requirements for the downtown districts and all other provisions of this title. Descriptions/ definitions of the land uses can be found in Chapter 25.99 (Definitions). The special use provisions column in the table identifies the specific chapter or section where additional regulations for that use type are located within this title.

Uses that are not listed are not permitted. However, the Commission may make a use determination as outlined in Section 25.72.020 (Use Determinations).

TABLE 25.18-1. USE MATRIX FOR DOWNTOWN DISTRICTS
P = use permitted by right
A = use requires administrative use permit
C = use requires approval of conditional use permit
N = use not permitted
Land Use
Zone Special Use
D D-O DE DE-O Provisions
Residential Uses
Accessory dwelling unit P P P P 25.34.030
Assisted Living N N N C
Condominium C
1 C1 C C 25.16.040.B
Dwelling, duplex C
1 C1 C P 25.16.040.B
Dwelling, multifamily C
1 C1 C P 25.16.040.B
Dwelling, single-family C
1 C1 C N P 25.16.040.B
Group home C
1 C1 C N 25.16.040.B
Junior accessory dwelling unit P P P P 25.34.030
Home-based business P
4 P4 P4 P4 25.34.020
Agriculture-Related Uses
Garden, private C
1 C1 N P
Greenhouse, private N N C P
Horticulture, private N N C P
Recreation, Resources Preservation, Open Space, and Public Assembly Uses Club, private N N N C
Day care center C
1 C1 N N
Day care, large family N N N P 25.10.040.F
Day care, small family N N N P
Institution, educational N N C C
City of Palm Desert, CA
Downloaded from https://ecode360.com/PA4981 on 2025-06-05 C
1 1417
Land Use
Zone Special Use
D D-O DE DE-O Provisions
Institution, general N N C C
Institution, religious N N C C
Mechanical or electronic games, < 4 P
1 P1 P N
Mechanical or electronic games, > 5 C
1,2 C1,2 C N
Recreational facility, incidental N N N C 25.10.040.H
Recreation facility, private N N N P
Recreation facility, public N N N C
Retail, Service, and Office Uses
Accessory massage establishments P P P N 25.34.160
Ancillary commercial N N A N 25.16.040.E
Animal Clinic C
1,6 C1,6 C1,6 N 25.34.210
Art gallery P P P A
Art studio P
1 P1 A A
Book and card shops P P N N
Bed and breakfast N N C C
Cannabis storefront retail C N C N 25.34.120
Cannabis testing and research
laboratory
N N N N 25.34.120
Clothing and apparel shops P P P N
Convention and visitor's bureau P
1 P1 C N
Drugstore P
1 P1 N N
Financial institution P
1 P1 C N
Furniture stores and home furnishings P P P N
Gift and accessories boutiques
(including small antiques)

P P P N
Grocery store < 35,000 SF C
1 C1 N N
Health club, gyms or studios C
1,2 C1,2 C2 N
Hotel C C C C
Independent stand-alone massage
establishments
P
1 P1 C N 25.34.160
Jewelry shops P P P N
Liquor store P
1 P1 N N
Liquor, beverage, and food items shop P
1 P1 N N
Luggage shops P P P N
Medical, clinic P
1 P1 P N
City of Palm Desert, CA
§ 25.18.040 § 25.18.040
Downloaded from https://ecode360.com/PA4981 on 2025-06-05 1418 Land Use
Zone Special Use
D D-O DE DE-O Provisions
Medical, office P
1 P1 P A5
Medical, hospital P
1 P1 C C
Medical, laboratory N N P N
Mortuary C
1 C1 N N
Office, professional P
3 P3 P3 P3 25.28.040.C
Office, local government P
1 P1 P N
Office, neighborhood government N N N C
Office, travel agency P
3 P3 P N 25.10.040.K
Outdoor sales A
1 A1 A N
Personal services P P P N
Restaurant C
2 C2 C1 N 25.16.040.H
Retail P P P N
Retail, bulky items P
1 P1 C N
Retail, Golf carts and neighborhood
electric vehicles (NEV)
C N C N 25.34.190
Spa P P P C
Sundries shops (general merchandise) P P P N
Time-share project C
1 C1 N N
Utility, Transportation, Public Facility, and Communication Uses Fire station C C C C
Commercial communication tower C C C
Commercial parking lot P P C C 25.10.040.I
Office parking lot N N N C 25.10.040.L
Public service facility N N N C
Utility facility N N N C
Utility installation C C N N
Automobile and Vehicle Uses
Automotive rental agency P P C N
Automotive service station C C N N
Temporary Uses See Section 25.34.080
1 Uses prohibited along El Paseo facing ground floor frontages. 2 The establishment may be permitted with an administrative use permit but may be elevated to a conditional use permit at the discretion of the ZA based on parking, traffic, or other impacts. 3 Office professional uses along El Paseo facing ground floor frontages within the El Paseo Overlay district may be allowed subject to a conditional use permit per Section 25.28.040(El Paseo Overlay district).

City of Palm Desert, CA
§ 25.18.040 § 25.18.040
Downloaded from https://ecode360.com/PA4981 on 2025-06-05 1419 4 Home occupation uses are permitted in residential dwelling units in approved residential and mixed-use developments.

5. Medical offices existing and operating with an appropriate City business license prior to 2023 are permitted by right to continue operating without requiring an administrative use permit.

6. Use only permitted on properties with frontage along Highway 111. (Ord. 1313, 2016; Ord. 1329 § 4, 2017; Ord. 1350A § 2, 2019; Ord. 1358 § 2, 2020; Ord. 1393 § 12, 2023; Ord. 1405 § 2, 2023; Ord. No. 1416, 8/22/2024) City of Palm Desert, CA
§ 25.18.040 § 25.18.040
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C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-776-6483
[email protected]

CITY OF PALM DESERT

PUBLIC HEARING NOTICE
CASE NO. GPA/ZOA 25-0001

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

COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO APPROVE A GENERAL PLAN

AMENDMENT AND ZONING ORDINANCE AMENDMENT TO MODIFY THE CITY CENTER/DOWNTOWN SECTION OF THE GENERAL PLAN AND TITLE 25 (ZONING) OF THE

PALM DESERT MUNICIPAL CODE TO REMOVE MINIMUM DENSITY REQUIREMENTS AND

ADD SINGLE FAMILY RESIDENTIAL AND DAY CARE CENTERS AS AN ALLOWED LAND USE

TYPE 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 General Plan Amendment and Zoning Ordinance Amendment to amend the City Center/Downtown Land Use Designation of the 2016 Palm Desert General Plan by removing the minimum residential density requirements and adding single family residential as an allowed land use type and modify Chapter 25.18 of the Palm Desert Municipal Code to allow single family residential and day care centers in the Downtown Edge-Overlay (DEO) zoning district. The project will affect the approximately 226± acres of land in the City of Palm Desert that is currently designated City Center/Downtown.

PLANNING COMMISSION RECOMMENDATION: At its regular meeting on July 15, 2025, the City of Palm Desert Planning Commission adopted a resolution recommending the City Council approve of the project.

PUBLIC HEARING: NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Desert, California, will hold a Public Hearing at its meeting on August 28, 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/connect/city-council.

COMMENT ON THIS APPLICATION: Those wishing to comment on this application may either appear in person at the public hearing or submit written comments, which must be received by 10:00 a.m. on the day of the hearing. Written comments should be sent to the City of Palm Desert at 73510 Fred Waring Drive, Palm Desert, California 92260, Attention: City Clerk, or emailed to:

[email protected].

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 Damian Olivares (760) 346-0611.

PUBLISH: THE DESERT SUN ANTHONY MEJIA, MMC, CITY CLERK
AUGUST 8, 2025 CITY OF PALM DESERT, CALIFORNIA
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CITY OF PALM DESERT

STAFF REPORT
MEETING DATE: August 28, 2025
PREPARED BY: Rosie Lua, Interim Director of Development Services SUBJECT: ADOPT A RESOLUTION UPDATING AND ESTABLISHING USER AND

REGULATORY FEES
RECOMMENDATION:

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

APPROVING AN UPDATE AND ESTABLISHMENT OF RELATED USE AND REGULATORY FEES FOR DEVELOPMENT AND REGULATORY SERVICES.”
BACKGROUND/ANALYSIS:

The City provides many services to ensure safe, orderly, and aesthetically pleasing development and construction in Palm Desert. The broad categories of these services include, but are not limited to, project entitlement review, improvement plan check, map check, permits (building, grading, encroachment, and driveway), and land action review (i.e., dedications, parcel mergers, and lot line adjustments). User fees and regulatory fees are the mechanisms by which the City may recoup a portion of, or all of, the costs associated with these services.  User and regulatory fees for private development projects have not been comprehensively adjusted in more than a decade.
 ClearSource Financial Consulting (“ClearSource”) completed the “User and Regulatory Fee Study” referenced by title as the “Development Services Fee Study” which is the foundation for the proposed fee adjustments. ClearSource has provided similar services to communities throughout the region and State, including Cathedral City, La Quinta, and Rancho Mirage. The User and Regulatory Fee Study does not consider or evaluate Development Impact Fees, only the service fees referenced above.  Updated the methodology for calculating building fees from an outdated, difficult-toexplain model to a best-practice approach that is based on valuation which is consistent with how building permit fees are assessed across the Coachella Valley and California.  Stakeholder groups, including the Building Industry Association–Riverside County Chapter, the Desert Valleys Builders Association (“DVBA”), and Southern California Gas Company, were engaged. They have reviewed the study, and their comments have been addressed by staff.
 A letter of support for the proposed fee adjustments has been received from DVBA.  This study does not include Development Impact Fees (DIFs); it strictly focuses on service-related user and regulatory fees.
 To collaborate with the development community and minimize the impact of fee 1423
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adjustments, staff is proposing a three-year phase-in approach for fee adjustments.  At the conclusion of the three-year phase-in, staff recommends annual CPI adjustments to fees based on the change in regional cost inflation, until the next fee study is completed. Staff anticipates completing a fee study every three to five years.  In February 2024, the City engaged Holistic System Integration Solutions (HSIS) to assist with streamlining development-related processes across multiple departments, including Planning, Building & Safety, Regulatory, Public Works, and Engineering. The consultant’s role was to identify operational bottlenecks, propose alternative service delivery models, and support the City in modernizing its approach. These improvements are being incorporated into the implementation of the City’s new land management software. As a result, the updated fee schedule reflects the enhanced service models and more efficient workflows identified through this process.

The user and regulatory fee study:
 Identified the full cost of providing development services.  Calculated fully burdened hourly rates for fee-related service providers.  Determined current cost recovery levels at the departmental and individual permit or service fee level.
 Examined existing fee calculation methodologies and modified them, if necessary, to more closely align their calculation methodology to the cost of services being provided.  Assigned targeted fee and cost recovery levels for each service examined.  Compared current and proposed fees to those imposed by neighboring communities.  Estimated anticipated revenue impacts of proposed fee adjustments.  Includes an updated multi-year schedule of fees for City Council consideration.

User and regulatory fees are established by the City Council. This item and the staff recommendations are intended to be considered upon completion of a public hearing. The public hearing provides all interested parties with an opportunity to comment on or request clarification regarding any of the fees proposed for update.

Overview of Proposed Adjustments to User and Regulatory Fees During the course of the study, information and analysis were developed and are presented substantively throughout this report and its technical appendices.

A key change is the shift to an updated fee model replacing complex software-based calculations with a simpler, more transparent system that improves cost recovery and public understanding.

The City’s current fee schedule methodology has remained largely unchanged since its inception and relies heavily on complex calculations embedded within our software system. This makes it difficult for the public to understand how fees are determined.

We are proposing a shift to an updated fee calculation model that aligns with current industry standards and improves cost recovery. This new approach uses a blended rate for staff time, offering a simpler, more transparent system that is easier for the public to understand and for staff to administer.
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