CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 12, 2026
PREPARED BY: Ryan Lamb, Senior Project Manager
SUBJECT: AWARD A CONSTRUCTION CONTRACT TO TRI-STAR CONTRACTING II, INC., FOR THE MOUNTAIN VIEW RETENTION BASIN PROJECT
(CDR00007) – CEQA DETERMINATION
RECOMMENDATION:
1. Award a construction contract, including Bid Alternate #1, to Tri-Star Contracting II, Inc., of Desert Hot Springs, California, in the amount of $2,082,687.30, plus a $200,000 contingency for unforeseen expenses.
2. Authorize the Director of Finance to appropriate funds in the amount of $967,552.30 from unobligated Capital Improvement Fund Reserves to Account No. 4004159-4219100.
3. Authorize the City Attorney to make necessary non-monetary changes to the agreement.
4. Authorize the City Manager to execute the agreement and any written requests for change orders up to the contingency amount, amendments, and any other documents necessary to effectuate this action, in accordance with Palm Desert Municipal Code Section 3.30.170(B).
5. Authorize the City Manager to execute the Notice of Completion (NOC) and the City Clerk to file the NOC upon satisfactory completion of the Project.
6. Make a finding that the project is categorically exempt from further review under the California Environmental Air Quality Act (CEQA) Guidelines, pursuant to Class 1, Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), Class 3, Section 15303 (Small Structures) and 15304 (Minor Alterations to Land) and authorize the City Engineer to submit Notice of Exemption.
BACKGROUND/ANALYSIS:
Between August 2022 and January 2023, California received approximately a year’s worth of rainfall. As a result, significant ponding occurred near the 77700 block of Mountain View, creating unsafe driving conditions and increasing the risk of property damage. During Tropical Storm Hilary in August 2023, ponding depths reached nearly four feet. Even during normal rain, this area floods repeatedly because the street is built in a way that lets water collect and get trapped.
On April 11, 2024, the City Council approved the purchase of a 1.01-acre vacant property (APN 637-300-023) on Mountain View with the intent for the City to construct a retention basin to mitigate stormwater that floods Mountain View during heavy rain events.
On June 27, 2024, the City contracted TKE Engineering to design the retention basin.
On November 21, 2024, City staff held a Community Engagement Meeting to discuss the proposed design and impact the project would have on the neighborhood. Numerous residents 353
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Award Construction Contract for Mountain View Retention Basin (CDR00007)
in attendance noted that neighborhood flooding was not isolated to Mountain View. Flooding during heavy rain events was also prevalent on the adjacent street, Delaware Place. The residents in attendance also requested an alternative wall/fence design that would be more harmonious with the neighboring properties.
On March 20, 2025, City staff held a second Community Engagement Meeting to share the results of an expanded neighborhood hydrology study and 3 alternative solutions to mitigate stormwater from Delaware Place. A revised fence design was also presented, with the residents in attendance accepting it.
Two of the alternative solutions required an easement through a homeowner’s property, but the homeowner was not amenable.
The third and only feasible alternative was to run a 24-inch storm drain line from the low spots on Delaware Place to the proposed retention basin on Mountain View. This alternative was included as Bid Alternate #1.
On April 8, 2025, the City’s Architectural Review Commission issued conditional approval of the project’s fence and landscape design. Those conditions, which included using a desert-toned color palette for the wall and fence and adding boulders to the right-of-way landscape, were incorporated into the final project design.
Request for Bids:
The project was advertised via the City’s bid portal, OpenGov, (Project ID# 2025-IFB-214), and ten bids were received electronically on January 15, 2026:
Contractor Location Base Bid Alternate #1 Total Bid
Tri-Star Contracting II, Inc. Desert Hot
Springs, CA $723,206.90 $1,359,480.40 $2,082,687.30
The Van Dyke Corporation 29 Palms, CA $805,295.00 $1,520,225.00 $2,325,520.00 Urban Habitat Palm Desert,
CA $764,332.29 $1,691,806.49 $2,456,138.78
ZECO INC Yorba Linda,
CA $1,355,355.00 $1,345,255.00 $2,700,610.00
Jacobsson Engineering
Construction, Inc.
Palm Desert,
CA $763,860.00 $2,014,960.00 $2,778,820.00
Roadway Engineering and
Construction Corp. Perris, CA $959,915.00 $1,941,350.00 $2,901,265.00 Matcon General
Engineering, Inc. Corona, CA $1,723,592.80 $1,652,903.00 $3,376,495.80 RE Chaffee Construction,
Inc.
Wrightwood,
CA $1,541,025.00 $2,292,605.00 $3,833,630.00
The all-inclusive engineer’s estimate (Base Bid plus Alternatives) for the project was $1,953,000.
The project was bid with Bid Alternate #1, Additional 24” Storm Drain. The low bidder was determined by Base Bid plus all Alternatives.
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Tri-Star Contracting II, Inc., submitted a total bid of $2,082,687.30. Staff have reviewed the bid documents and determined that the bid submitted by Tri-Star Contracting II, Inc., is responsive, responsible, and in compliance with all specifications, including all required forms. Current market volatility, particularly affecting steel and petroleum-based products, remains highly unpredictable. The lowest responsive bid was within seven percent of the engineer’s estimate, which staff consider to be within an acceptable tolerance. Based on this review, staff recommends awarding the construction contract to Tri-Star Contracting II, Inc.
If approved, the project is scheduled to begin in March and run through July 2026.
Legal Review:
This report has been reviewed by the City Attorney’s office.
Appointed Body Recommendation:
The project was approved by the City’s Architectural Review Commission on April 8, 2025.
Project Description:
Construct new stormwater infrastructure and a retention basin designed to temporarily store stormwater runoff during heavy rain events, allowing for controlled infiltration.
Environment Review:
Staff recommends that the City Council find that the project is categorically exempt from CEQA, pursuant to State CEQA Guidelines Section 15301 (Existing Facilities), 15302 (Replacement or Reconstruction), 15303 (Small Structures) and 15304 (Minor Alterations to Land), as the project consists of the construction of municipal stormwater infrastructure improvements and a retention basin within an existing developed residential neighborhood to address documented stormwater capacity deficiencies. The work includes replacement and upsizing existing storm drain facilities within public rights-of-way and grading on a previously disturbed parcel acquired by the City for flood control purposes. The project does not expand the existing use of the facilities and occurs entirely within previously developed urban land. Noe of the exceptions to the categorical exemptions found in State CEQA Guidelines Section 15300.2 apply to the project.
FINANCIAL IMPACT:
Funding for this project in the amount of $2,066,835.04 have been included in the approved Fiscal Year 2025-26 Financial Plan and Five-Year Capital Improvement Project (CIP) List for the Mountain View Retention Basin under the General Services/ Disaster/ Emergencies Fund (1104159-4219100) and Capital Project Reserve Funds (4004159-4219100).
The initial project scope and budget were developed to address flooding concerns specific to Mountain View. Through community engagement, residents shared that flooding conditions on Delaware Place were equally severe and negatively impacting the neighborhood. Based on this feedback and further assessment, City staff are recommending expanding the project to include improvements to Delaware Place and increasing the project budget to accommodate the expanded scope of work.
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The table below outlines project budget and expenses:
Mountain View Retention Basin:
Authorized Budgets
Date
Authorized
Total GS/Disaster/
Emerg (110)
CIP Reserve
Fund (400)
Original Budget FY 23/24 4/11/2024 1,641,835.04 544,271.20 1,097,563.84 Additional Appropriation FY 25/26 7/1/2025 425,000.00 - 425,000.00 Total Authorized Budget to Date 2,066,835.04 544,271.20 1,522,563.84 Appropriation Currently being requested from the
City Council
967,552.30 - 967,552.30
Current Request 967,552.30 - 967,552.30
Adjusted Budget 3,034,387.34 544,271.20 2,490,116.14
Less: Authorized Expenditures Date
Authorized
Total GS/Disaster/
Emerg (110)
CIP Reserve
Fund (400)
Land Acquisition Costs 4/11/2024 469,477.00 469,477.00 - TKE Engineering (C47460) 8/12/2024 181,970.00 74,794.20 107,175.80 Misc. Costs 253.04 - 253.04
Total Authorized Expenditures to Date 651,700.04 544,271.20 107,428.84 Construction: Tri-Star Contracting II, Inc.* 2,082,687.30 - 2,082,687.30 Contingency 200,000.00 - 200,000.00
Less: Total Expenditures 2,282,687.30 2,282,687.30
Remaining Project Budget Available 100,000.00 - 100,00.00 ATTACHMENTS:
1. Construction Contract
2. Contractor Bid
3. Performance and Payment Bonds
4. CEQA Notice of Exemption
5. Vicinity Map
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CONFLICT OF INTEREST AWARENESS CHECKLIST:
☒ Site-Specific Property Interest – Councilmembers should check if they own or lease real property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2). ☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other entitlements for use, and to contracts or franchise agreements other than competitively bid, labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each Councilmember is responsible for identifying and disclosing any disqualifying interests in accordance with the Political Reform Act and FPPC regulations. 357
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9.15.25 CITY OF PALM DESERT
CONTRACT FOR CONSTRUCTION
This Agreement is made and entered into on February 12, 2026, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260-2578, (“City”) and Tri-Star Contracting II, Inc., an S Corporation, with its principal place of business at 15501 Little Morongo Road, Desert Hot Springs, CA 92240 ("Contractor"). The City and Contractor are sometimes individually referred to herein as “Party” and collectively as “Parties”.
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Article 5, below, for the following Project:
Mountain View Retention Basin Project
Project No. CDR00007
(hereinafter referred to as “the Project”).
Construct new stormwater infrastructure and a retention basin designed to temporarily store stormwater runoff during heavy rain events, allowing for controlled infiltration.
Contractor is an independent contractor and not an agent of the City. The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
1.1 CITY COUNCIL APPROVAL.
On February 12, 2026, City Council approved the award of this Agreement to the Contractor above.
ARTICLE 2. TIME FOR COMPLETION.
Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 Calendar Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract 359
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9.15.25 Documents, and including all applicable taxes and costs, the sum of Two Million Eighty-Two Thousand Six Hundred Eighty-Seven Dollars and 30/100 ($2,082,687.30). Payment shall be made as set forth in the General Conditions. The City will pay to Contractor compensation based upon the prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every Day completion of the Project is delayed beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine the City’s actual damages. Accordingly, in accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and every Day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Section does not exclude recovery of other damages specified in the Contract Documents.
Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
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9.15.25 Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except Sections 1-9
Standard Plans of the City of Palm Desert, latest edition Standard Plans for Public Works Construction, latest edition Caltrans Standard Specifications, latest edition, Except Division 1 Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. In the event of conflict, the various Contract Documents will be given effect in the order set forth in the General Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state, and local laws, rules, and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE.
A.Indemnification
1. To the fullest extent permitted by law, Contractor shall immediately defend (with counsel of the City’s choosing), indemnify, and hold harmless the City, its officials, officers, agents, employees, and representatives, and each of them from and against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries, losses or liabilities, in law or in equity, of every kind or nature whatsoever, but not limited to, injury to or death, including wrongful death, of any person, and damages to or destruction of property of any person, arising out of, related to, or in any manner directly or indirectly connected with the Work or this Contract, including claims made by subcontractors for nonpayment, including without limitation the payment of all consequential damages and attorney’s fees and other related costs 361
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9.15.25 and expenses, however caused, regardless of whether the allegations are false, fraudulent, or groundless, and regardless of any negligence of the City or its officers, employees, or authorized volunteers (including passive negligence), except the sole negligence or willful misconduct or active negligence of the City or its officials, officers, employees, or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not limited to damages, fines, penalties, attorney’s fees and costs arising from claims under the Americans with Disabilities Act (ADA) or other federal or state disability access or discrimination laws arising from Contractor’s Work during the course of construction of the improvements or after the Work is complete, as the result of defects or negligence in Contractor’s construction of the improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties or liabilities, in law or equity, of every kind or nature whatsoever, arising out of, resulting from, or on account of the violation of any governmental law or regulation, compliance with which is the responsibility of Contractor;
(d) Any and all losses, expenses, damages (including damages to the Work itself), attorney’s fees, and other costs, including all costs of defense which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the Work and all of Contractor’s obligations under Contract. Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.
2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk, with the counsel of the City choosing, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, agents, employees and representatives. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its officials, officers, employees, agents, employees, and representatives, in any such suit, action or other legal proceeding. Contractor shall reimburse the City, its officials, officers, agents, employees, and representatives for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The only limitations on this provision shall be those imposed by Civil Code section 2782.
3. The provisions of this Article shall survive the termination of this Contract howsoever caused, and no payment, partial payment, or acceptance of occupancy in whole or part of the Work shall waive or release any of the provisions of this Article.
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9.15.25 B.Insurance
1. Without limiting Contractor’s indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide, and maintain at its own expense during the term of this Contract, policies of insurance of the type and amounts described below and in a form that is satisfactory to City.
2. General Liability Insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $4,000,000 completed operations aggregate.
The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
3. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Contract, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
4. Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automotive liability and employer’s liability. Such policy or policies shall include the following terms and conditions:
A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and (b) Concurrency of effective dates with primary policies; and (c) Policies shall “follow form” to the underlying primary policies; and (d) Insureds under primary policies shall also be insureds under the umbrella or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in 363
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9.15.25 accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its officers, agents, employees, and volunteers.
6. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations”. The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.
C.Other Provisions or Requirements
1. Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract.
City reserves the right to require complete, certified copies of all required insurance policies, at any time.
2. Duration of Coverage. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, or subcontractors. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. The City and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
3. Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 364
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9.15.25 4. Products/Completed Operations Coverage. Products/completed operations coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees, shall be included as additional insureds under the Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required under this Contract does not comply with these requirements, or is canceled and not replaced, City has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Contract.
6. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
7. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, agents, officials, employees, and volunteers and shall require similar written express waivers and insurance clauses from each of its subcontractors.
8. Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
9. Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher 365
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9.15.25 limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
10.Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) Day notice of cancellation (except for nonpayment for which a ten (10) Day notice is required) or nonrenewal of coverage for each required coverage.
11.Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. Coverage shall be at least as broad as coverage provided by ISO’s Owners, Lessees, or Contractors Additional Insured Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
12.Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
13.Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
14.Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor.
Contractor 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. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.
15.City’s Right to Revise Requirements. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) Days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice.
16.Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured 366
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9.15.25 retentions be eliminated, lowered, or replaced by a deductible. Selfinsurance will not be considered to comply with these specifications unless approved by City.
17.Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Contract, and that involve or may involve coverage under any of the required liability policies.
18.Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.
19.Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years.
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9.15.25 SIGNATURE PAGE TO LONG FORM CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND TRI-STAR CONTRACTING II, INC.
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written.
Office Use:
Quality Check Insurance
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CITY OF PALM DESERT
______________________________
Chris Escobedo
City Manager
Attest:
_____________________________
Anthony J. Mejia
City Clerk
Approved as to Form:
_____________________________
Isra Shah
City Attorney
TRI-STAR CONTRACTING II, INC. , AN S
CORPORATION
______________________________
Bryan Willis
President
______________________________
Dan Willis
Secretary
909905 A
Contractor’s License Number and
Classification
1000004952
DIR Registration Number
368
City of Palm Desert
CP - Capital Improvement Projects
Jess Culpeper, Director of Capital Projects
73-510 Fred Waring Drive, Palm Desert, CA 92260
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
Mountain View Retention Basin
RESPONSE DEADLINE: January 15, 2026 at 2:00 pm
Report Generated: Thursday, January 15, 2026
Tri-Star Contracting II, Inc. Response
CONTACT INFORMATION
Company:
Tri-Star Contracting II, Inc.
Email:
[email protected]
Contact:
Rodney Owens
Address:
15501 Little Morongo Rd
Desert Hot Springs, CA 92240
Phone:
(760) 251-5454
Website:
N/A
Submission Date:
Jan 15, 2026 1:01 PM (Pacific Time)
369
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
ADDENDA CONFIRMATION
Addendum #1
Confirmed Jan 15, 2026 8:09 AM by Rodney Owens
Addendum #2
Confirmed Jan 15, 2026 8:09 AM by Rodney Owens
Addendum #3
Confirmed Jan 15, 2026 8:09 AM by Rodney Owens
Addendum #4
Confirmed Jan 15, 2026 8:09 AM by Rodney Owens
QUESTIONNAIRE
1. BID ACKNOWLEDGMENT*
To the City of Palm Desert, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California 92260.
1. In response to the Contract Documents for project number CDR00007 and in accordance with the accompanying Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services, supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.
2. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of Bids, or until a Contract is executed by the City and a third party, whichever is earlier.
3. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully 370
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.
4. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and Endorsements.
5. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made a part of this Bid.
6. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as well as at the time the Contract is awarded, if the Contract is awarded to the undersigned.
A. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's License Law of the State of California; or
B. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance with the provisions of the Contractor's License Law of the State of California.
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection with this Bid and all of the representations made herein are true and correct.
Confirmed
2. BID SCHEDULE*
IMPORTANT:
THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.
FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON-RESPONSIVE BID.
THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS. 371
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and the City makes no representation that the actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from measured quantities of work performed based upon the Unit Price.
If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducted from Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
I certify that I have read, understood the above statement.
Confirmed
3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.
Hard Copy Original Bid Bond (delivered before bid submittal deadline)
4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH, OR CASHIER'S CHECK.
372
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
Bond ID: N/A
Vendor ID: N/A
5. Enter Surety Company "Name" who Issued Bid Guarantee * This information will be verified against the California Department of Insurance Website.
Harco National Insurance Company
Click to Verify Value will be copied to clipboard
6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload. • DESIGNATION_OF_SUBCONTRACTO...
DESIGNATION_OF_SUBCONTRACTORS_(5).docx
7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload. • BIDDER_INFORMATION_AND_EXPE...
BIDDER_INFORMATION_AND_EXPERIENCE_FORM_(7).pdf
8. NON-COLLUSION DECLARATION*
The undersigned declares:
I am an authorized representative of my company, the party making the foregoing Bid, to certify the following.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost 373
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
9. IRAN CONTRACTING ACT CERTIFICATION*
(Public Contract Code section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on contracts for three years.
The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran. 374
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
Mountain View Retention Basin
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
10. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION* Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a contractor with the Department of Industrial Relations.
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is nonresponsive.
Confirmed
11. Enter your California Department of Industrial Relations (DIR) Registration number* Please enter your Public Works Contractor DIR Number. This will be verified against the state database. 1000004952
Click to Verify Value will be copied to clipboard
12. Enter your valid CA Contractors State License Board (CSLB) number* Please enter your License Number here. This will be verified against the state database. 909195
Click to Verify Value will be copied to clipboard
375
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
13. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION* I am aware of the provisions of section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
Confirmed
14. Fleet Compliance Certification*
I hereby acknowledge that I have reviewed the California Air Resources Board’s policies, rules and regulations and are familiar with the requirements of Title 13, California Code of Regulations, Division 3, Chapter 9, effective on January 1, 2024 (the “Regulation”). I hereby certify, subject to penalty for perjury, that the option checked below relating to the Bidder’s fleet, and/or that of their subcontractor(s) (“Fleet”) is true and correct:
The Fleet is subject to the requirements of the Regulation, and the appropriate Certificate(s) of Reported Compliance have been attached hereto.
15. Fleet Compliance Documentation*
Please attach supporting documentation for the selection made in the above item.
DOORS_-_Compliance_Snapshot.pdf
16. Type of Business*
S Corporation (if corporation, two signatures are required)
17. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
Tri-Star Contracting II, Inc.
Click to Verify Value will be copied to clipboard
376
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
18. How many years has Bidder’s organization been in business as a Contractor? * 18 19. List the Signatory(s) Authorized to Sign and Bind an Agreement.* (If two (2) signatures are required, include the following information for both signatories)
1. Full Name
2. Title
3. Physical Business Address
4. Email Address
5. Phone Number
Corporation (C-Corp): Requires two signatures from authorized officers— one from President or Vice President, and the other from the Secretary or Treasurer.
An alternate signatory may be used if authorized by a Notarized Corporate Resolution or Article of Authority.
LLC: Usually requires one signature from an authorized member or manager. For significant contracts (e.g., over $50,000 for construction or over $25,000 for service agreements), additional approvals or signatures may be required.
Sole Proprietorship, Non-Profit, Single LLC: Only the one signature is necessary.
Bryan Willis
President
15501 Little Morongo Road
Desert Hot Springs, CA 92240
[email protected]
760-251-5454
377
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
Jordan Willis Rodriguez
CFO
15501 Little Morongo Road
Desert Hot Springs, CA 92240
[email protected]
760-251-5454
Daniel Willis
Secretary
15501 Little Morongo Road
Desert Hot Springs, CA 92240
[email protected]
760-251-5454
20. Nondiscrimination Certification*
The City of Palm Desert is committed to promoting equal opportunity in its contracting activities. We ensure that all individuals seeking to do business with the city treat contractors, subcontractors, and employees fairly, without discrimination based on race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, sexual orientation, or membership in any other protected class.
For any purchase exceeding $10,000, vendors must certify compliance with the City’s nondiscrimination policy (G.C. 3.30.200) before contract award. No contract will be awarded until the contractor submits this certification.
By clicking the confirmation box below, the vendor certifies that they have read the code and agree to comply with its requirements.
Failure to comply may result in termination of any agreement entered into with the vendor.
Confirmed
378
[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT IFB No. 2025-IFB-214
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
PRICE TABLES
BASE BID
Line Item Description Quantity Unit of
Measure
Unit Cost Total
GENERAL
1 MOBILIZATION 1 LS $67,158.00 $67,158.00
2 TRAFFIC CONTROL 1 LS $8,882.00 $8,882.00
3 SWPPP, BEST MANAGEMENT PRACTICE AND NPDES REQUIREMENTS 1 LS $11,071.00 $11,071.00 4 CLEARING AND GRUBBING 1 LS $7,801.00 $7,801.00
SITE DEMOLITION
5 SAWCUT AND REMOVE EXISTING AC PAVEMENT, BASE, AND SUBGRADE 35 LF $100.20 $3,507.00 6 SAWCUT AND REMOVE EXISTING AC BERM AS REQUIRED 30 LF $85.20 $2,556.00 7 GRIND (COLD MILL) ASPHALT CONCRETE (1.5” MIN.) 200 SF $35.00 $7,000.00
SITE IMPROVEMENTS
8 CONSTRUCT 4” MIN. CLASS II AGGREGATE BASE. AND 12” MIN. COMPACTED NATIVE
4 CY $206.00 $824.00
9 CONSTRUCT 1.5” MIN. TYPE IIIC3 PG 70-10-R0 WMA ASPHALT CONCRETE OVERLAY 4 TONS $727.00 $2,908.00 10 CONSTRUCT 2.5” TYPE IIIB2 PG 70-10-R-15 ASPHALT CONCRETE PAVEMENT TRENCH REPAIR
4 TONS $727.00 $2,908.00
379
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
11 CONSTRUCT 6” ASPHALT CONCRETE BASIN ACCESS RAMP AS INDICATED ON PLANS, 10% MAX. RAMP SLOPE
1,600 SF $17.77 $28,432.00
12 CONSTRUCT 6” HOT MIX ASPHALT BERM PER CITY OF PALM DESERT STANDARD DRAWING NO. 402
205 LF $25.38 $5,202.90
13 EXCAVATE BASIN AND EXPORT MATERIAL TO LINE AND REGRADE AS SHOWN ON
PLANS AND PER CONSTRUCTION SPECIFICATIONS
10,100 CY $37.60 $379,760.00
14 CONSTRUCT MODIFIED PCC DRIVEWAY PER CITY OF PALM DESERT STANDARD NO. 304, AS SHOWN ON PLAN AND PER DRIVEWAY DETAIL “C” SEE SHEET 5 550 SF $21.76 $11,968.00
15 CONSTRUCT WROUGHT IRON FENCE, INCLUDING 2’ HIGH SINGLE REINFORCED TYPE 2 CONCRETE BLOCK WALL AND PILASTERS PER SPPWC STANDARD PLAN NO. 601-5, PER CMU WALL AND WROUGHT IRON FENCE DETAIL “A”, SEE SHEET 4, AND
CONSTRUCTION SPECIFICATIONS
1 LS $61,281.00 $61,281.00
16 CONSTRUCT 26’ WIDE, DOUBLE SWING, WROUGHT IRON GATE AS SHOWN ON PLANS AND PER SECTION E-E’, SEE SHEET 4
1 EA $13,006.00 $13,006.00
STORM DRAIN IMPROVEMENTS
17 CONSTRUCT 18” RCP STORM DRAIN PIPE, BACKFILL TRENCH PER MODIFIED CITY OF PALM DESERT STANDARD DRAWING NO. 803, AS NOTED ON “T-TRENCH DETAIL” SEE SHEET 2, AND PER CONSTRUCTION SPECIFICATIONS
10 LF $428.00 $4,280.00
18 CONSTRUCT 24” RCP STORM DRAIN PIPE, BACKFILL TRENCH PER MODIFIED CITY OF PALM DESERT STANDARD DRAWING NO. 803, AS NOTED ON “T-TRENCH DETAIL” SEE SHEET 2, AND PER CONSTRUCTION SPECIFICATIONS
60 LF $275.00 $16,500.00
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
Line Item Description Quantity Unit of
Measure
Unit Cost Total
19 CONSTRUCT PIPE CONNECTION TO EXISTING STORM DRAIN, INCLUDING
INTERCONNECTION BETWEEN EXISTING DRYWELLS, PER RIVERSIDE COUNTY FLOOD CONTROL STANDARD DRAWING NO. JS229
2 EA $7,941.00 $15,882.00
20 CONSTRUCT HEADWALL WING TYPE PER SAN BERNARDINO COUNTY DEPARTMENT OF PUBLIC WORKS STANDARD DRAWING NO. 209 AND PER HEADWALL DETAIL, SEE SHEET 2. (L=12’-3”, E=3’-1”, F=11.00’, W=4.00’)
1 EA $12,942.00 $12,942.00
21 CONSTRUCT TYPE 1 RIP-RAP INCLUDING CONCRETE SILL PER SAN DIEGO REGIONAL FLOOD CONTROL STANDARD DRAWING NO. D-40, PER HEADWALL DETAIL, SEE SHEET 2, AND AS MODIFIED ON PLANS
105 SF $161.00 $16,905.00
22 CONSTRUCT MANHOLE NO. 1 PER RIVERSIDE COUNTY FLOOD CONTROL STANDARD DRAWING NO. MH251
1 EA $27,013.00 $27,013.00
23 CUT, PLUG, AND ABANDON 12” HDPE PIPE, INFILTRATION GALLERIES, AND
DRYWELL/DROP INLET CONNECTIONS AND SEAL WALLS PER SPPWC STANDARD PLAN NO. 381-2
3 EA $3,871.00 $11,613.00
24 REMOVE AND REPLACE AC/PCC CURB AND/OR GUTTER OR LOCAL DEPRESSION AS
REQUIRED TO CONSTRUCT STORM DRAIN IMPROVEMENTS
1 EA $3,807.00 $3,807.00
TOTAL $723,206.90
BID ALTERNATIVE 1 - STORM DRAIN ALTERNATIVE
Line Item Description Quantity Unit of
Measure
Unit Cost Total
GENERAL
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Line Item Description Quantity Unit of
Measure
Unit Cost Total
2A TRAFFIC CONTROL 1 LS $53,029.00 $53,029.00
3A SWPPP, BEST MANAGEMENT PRACTICE AND NPDES REQUIREMENTS 1 LS $8,755.00 $8,755.00
SITE DEMOLITION
5A SAWCUT AND REMOVE EXISTING AC PAVEMENT, BASE, AND SUBGRADE 2,380 LF $15.33 $36,485.40 7A GRIND (COLD MILL) ASPHALT CONCRETE (1.5” MIN.) 23,800 SF $0.75 $17,850.00
STREET IMPROVEMENTS
8A CONSTRUCT 4” MIN. CLASS II AGGREGATE BASE. AND 12” MIN. COMPACTED NATIVE
200 CY $206.00 $41,200.00
9A CONSTRUCT 1.5” MIN. TYPE IIIC3 PG 70-10-R0 WMA ASPHALT CONCRETE OVERLAY 240 TONS $256.70 $61,608.00 10A CONSTRUCT 2.5” TYPE IIIB2 PG 70-10-R-15 ASPHALT CONCRETE PAVEMENT
TRENCH REPAIR
330 TONS $248.00 $81,840.00
STORM DRAIN IMPROVEMENTS
17A CONSTRUCT 18” RCP STORM DRAIN PIPE, BACKFILL TRENCH PER MODIFIED CITY OF PALM DESERT STANDARD DRAWING NO. 803, AS NOTED ON “T-TRENCH DETAIL” SEE SHEET 2, AND PER CONSTRUCTION SPECIFICATIONS
220 LF $388.60 $85,492.00
18A CONSTRUCT 24” RCP STORM DRAIN PIPE, BACKFILL TRENCH PER MODIFIED CITY OF PALM DESERT STANDARD DRAWING NO. 803, AS NOTED ON “T-TRENCH DETAIL” SEE SHEET 2, AND PER CONSTRUCTION SPECIFICATIONS
2,090 LF $249.40 $521,246.00
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[TRI-STAR CONTRACTING II, INC.] RESPONSE DOCUMENT REPORT Invitation For Bid - Mountain View Retention Basin
Line Item Description Quantity Unit of
Measure
Unit Cost Total
19A CONSTRUCT PIPE CONNECTION TO EXISTING STORM DRAIN, INCLUDING
INTERCONNECTION BETWEEN EXISTING DRYWELLS, PER RIVERSIDE COUNTY FLOOD CONTROL STANDARD DRAWING NO. JS229
17 EA $7,941.00 $134,997.00
22A CONSTRUCT MANHOLE NO. 1 PER RIVERSIDE COUNTY FLOOD CONTROL STANDARD DRAWING NO. MH251
10 EA $27,013.00 $270,130.00
23A CUT, PLUG, AND ABANDON 12” HDPE PIPE, INFILTRATION GALLERIES, AND
DRYWELL/DROP INLET CONNECTIONS AND SEAL WALLS PER SPPWC STANDARD PLAN NO. 381-2
2 EA $3,871.00 $7,742.00
24A REMOVE AND REPLACE AC/PCC CURB AND/OR GUTTER OR LOCAL DEPRESSION AS
REQUIRED TO CONSTRUCT STORM DRAIN IMPROVEMENTS
9 EA $1,904.00 $17,136.00
25 SAWCUT, REMOVE AND RECONSTRUCT PCC CROSS GUTTER/SPANDREL IN KIND AND PER CITY OF PALM DESERT STANDARD DRAWING NO. 108, INCLUDING
PAVEMENT RESTORATION
845 SF $26.00 $21,970.00
TOTAL $1,359,480.40
383
DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in or about the construction of the work or improvement, or are subcontractors licensed by the State of California who will, under subcontract to the contractor, specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the Contract Documents, in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.
Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall set forth below:
(a) The portion of the work to be done by the subcontractor; (b) The name and the location of the place of business; (c) The California contractor license number; and
(d) The DIR public works contractor registration number.
If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified to perform that portion of work and that it shall perform that portion itself.
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.
DIR
Registration
Number
AC Cap Grind
& Pave
3.1% Matich
Corporation
PO Box 10,
Highland CA
92346
149783 1000004260
Dirt Haul Off 10.2% Commodity
Trucking
Acquisition LLC,
DBA Dispatch
Trucking
14085 Magnolia
Ave
Chino, CA
91710
1061477 1000933191
384
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.
DIR
Registration
Number
(Attach additional sheets if necessary)
385
BIDDER INFORMATION AND EXPERIENCE FORM
A. INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided for all parties to the joint venture.
1.0 Name of Bidder: ___________________________________________
2.0 Type, if Entity: ___________________________________________
3.0 Bidder Address: ___________________________________________ _____________________________________________________________ _____________________________________________________________ Facsimile Number Telephone Number
_____________________________________________________________ Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor? ______________________________
5.0 How many years has Bidder’s organization been in business under its present name? ________________________
5.1 Under what other or former names has Bidder’s organization operated?_______________________________________________
6.0 If Bidder’s organization is a corporation, answer the following:
6.1 Date of Incorporation: ________________________________
6.2 State of Incorporation: ________________________________
6.3 President’s Name: ________________________________
6.4 Vice-President’s Name(s): ________________________________ ________________________________
6.5 Secretary’s Name: ________________________________
6.6 Treasurer’s Name: ________________________________
Tri-Star Contracting II, Inc
Corporation
15501 Little Morongo Road
Desert Hot Springs, CA 92240
760-251-5458 760-251-5454
[email protected]
18 years
18 years
N/A
California
Bryan Willis
Daniel Willis
Jordan Willis Rodriguez
2007
386
7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization: ______________________________________
7.2 Name and address of all partners (state whether general or limited partnership):
___________________________________________________________ ___________________________________________________________ ___________________________________________________________
8.0 If other than a corporation or partnership, describe organization and name principals:
___________________________________________________________ ___________________________________________________________
9.0 What type of work does the Bidder normally perform with its own forces? ___________________________________________________________ ___________________________________________________________
10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where, and why:
___________________________________________________________ ___________________________________________________________
11.0 Within the last five years, has any officer or partner of Bidder’s organization ever been an officer or partner of another organization when it failed to complete a contract? If so, attach a separate sheet of explanation:
___________________________________________________________ ___________________________________________________________
12.0 List Trade References:
___________________________________________________________ ___________________________________________________________ ___________________________________________________________ ___________________________________________________________ [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
N/A
N/A
N/A
Grading, Excavation, Water/Sewer
No
No
Desert Sewer Supply – 760-343-2231 PO 62, Thousand Palms, CA Matich Corp 800-404-4975 PO Box 10 Highland, CA 92346
Western Water Works 909-597-7000 PO Box 2439 Chino Hills, CA 91709 West Coast Sand & Gravel 800-522-0208 PO Box 5067 Buena Park, CA 90622 387
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**] Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
Joslyn Center
PCC Paint
Joslyn Center
Diane760-895-4650
Apply multi-grip
non-slip material to
PCC
$49,996.00
OM&R of Facilities
along Coachella Canal
CVWD
Chris Flores
(760) 398-2661
Cleaning of 13
Groundwater Recharge
Basins
$121,936.00
Sewer Lateral RG Page Construction
Rick Page 760-343-5500
Abandon Septic system
and install sewer lateral
$33,201.00
388
C. LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**] Please include only those projects which are similar enough to demonstrate Bidder’s ability to perform the required Work.
Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
State Highway Sewer
Manhole Repairs
City of Palm Springs
Juan R. Segoviano
(760) 323-8253 x 1096
Repair sewer manholes $312,982.00
11/2025
Circle K Hardesty & Associates
Amy Marchiando
949-723-2245
Sewer, Water/Fire
Line Storm Drain
9/2025 $138,815.08
Nice Dreams Ices Trevor Simpkin
206-385-5963
Concrete Improvements
Storm Drain & Trash
Enclosure
11/2025 $120,947.00
Sacred Palms Global Building
Thaddeus Marte
626-720-9247
Grade & Crypt
Placement & OverEx
12/2025 $183,004.00
Kalura Patio
Improvements
City of Palm Springs
Alberto Gradilla
760-323-8253 Ex 8718
Concrete, Electrical
10/2025 $417,655.04
One Quail Pond Demo City of Palm Desert
Randy Chavez
760-776-6450
Demo existing pond &
remove trees
10/2025 $142,124.87
Indian Ave Road
Repairs
City of DHS
Danny Porras
760-329-6411
Grading, Excavation,
Storm Drain, Paving 5/2024 $4,994,536.00
Coach RV Park Coach RV, LLC
Brad Woodruff
480-947-9253
Off-site AC & PCC
Improvements 7/2024 $619,067.00
389
D. EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management, construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
2. Summarize each person’s specialized education:
3. List each person’s years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all relevant Work, unless substituted by personnel of equivalent experience and qualifications approved in advance by the City.
Bryan Willis – Project Manager 25%
Dan Willis – Superintendent 50%
Mike Carr - Foreman 100%
Dan Willis is AQMD Fugitive Dust and Competent Excavation/Trench Safety Certified Bryan Willis has owned Tri-Star Contracting since 2007 and been in the construction industry for 38+ years.
Dan Willis has over 17 years’ experience in the construction industry.
Mike Carr has over 40+ years experience in the construction industry.
Tri-Star Contracting in a locally owned and operated company with strong ties to multiple municipalities and water districts within the Coachella Valley. Our personnel is skilled in all aspects of grading, excavation 390
E. ADDITIONAL BIDDER’S STATEMENTS:
If the Bidder feels that there is additional information which has not been included in the questionnaire above, and which would contribute to the qualification review, it may add that information in a statement here or on an attached sheet, appropriately marked:
_______
N/A
391
DOORS Home Message Center Other Tools e-ROAR RD Affirmation Hi Laura, Owner Information Vehicle & Engine VDECS Compliance Snapshot Engine Repower Low-Use Agricultural Vehicle Funding Non Standard Engine Non Diesel Engine Long-Term Rental Tier Phase-out Delay DOORS ID: 3026 Company Name: TELAR, INC Fleet Type: Off-Road Diesel -- DOORS Disclaimer --
Fleet Compliance Snapshot
As of Today (January 15, 2026) Refresh Fleet Data
Your fleet, as currently reported, has met the off-road regulation performance requirements through the January 1, 2026 compliance date because it has earned BACT credits that will be applied towards the required BACT amounts through the January 1, 2026 compliance date. Your first fleet compliance date has been extended due to the changing fleet size two-year delay provision.
See the Compliance Summary table below for details.
The Tier Phase Out and Renewable Diesel requirements may also apply to your fleet.
*This determination is based on the make up of your CURRENT fleet in DOORS, which includes age and horsepower of engines, retrofits (if any), vehicles sold (credits, if any), exempt vehicles such as Low-Use (if any), subfleets (if any), and other credits (if any).
Current Fleet Statistics
Fleet Size: Medium
Number of Vehicles:
In Fleet Average: 17
Low-Use: 8
Exempt Not Low-Use: 0
Vehicles in Funding Contracts: 0
Vehicles in Fleet: 25
Horsepower (in fleet average): 2,866
Total Fleet Horsepower: 4,408
First Compliance Date: January 1, 2017
*** Total family horsepower is the sum of the horsepower of any parent company, subsidiary, or other fleet related to the current fleet. Click the "Show Fleet Family" option button on the reporting home page for more information.
Fleet Target and Average Emission Rates (g/bhp-hr)
January 1, Year 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 Target na na 6.3 3.0 5.4 4.8 4.2 3.6 3.0 1.4 1.4
Average na na 4.2 4.1 2.9 2.9 2.7 2.2 2.2 2.2 2.2
Beyond 2023, Fleet Target Rates will no longer decrease each year, but will still be recalculated using the final year target values to account for changes in fleet composition.
Requirements
Your Current Fleet Average: 2.2
By using your credit, your fleet can comply through: 2026 in which case your unused credit would be: 901 hp
To be in compliance each year, the fleet average must be lower than or equal to the fleet target, OR the fleet must meet the required BACT amount. For more information, please see the FAQs on Fleet Average and BACT.
Compliance Summary
Calendars A |A|A
392
Back to Top | All ARB Contacts
Compliance
Date
Begin
Credit
Credit
Use/Expired
End
Credit
In
Compliance? Compliance Method BACT Requirement
2017-01-01 0 0 0 na na na
2018-01-01 0 0 0 na na na
2019-01-01 0 0 0 yes
changing fleet size
Fleet size was small in 2017 & was medium in
2018
na
2020-01-01 375 0 375 yes
changing fleet size
Fleet size was small in 2017 & was medium in
2018
na
2021-01-01 583 0 583 yes met fleet average na
2022-01-01 1,042 0 1,042 yes met fleet average na
2023-01-01 1,042 0 1,042 yes met fleet average na
2024-01-01 1,187 0 1,187 yes met fleet average na
2025-01-01 1,187 0 1,187 yes met fleet average na
2026-01-01* 1,187 286 901 yes Credit Used 10% * 2,866 = 286 All existing BACT credits expire after the 1/1/2026 compliance date. 2027-01-01 0 0 0 no Action Needed 10% * 2,866 = 286
2028-01-01 0 0 0 no Action Needed 10% * 2,866 = 286
Recent Year Fleet Size
Year 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Fleet Size Small Small Medium Medium Medium Small Small Small Medium Medium Medium - View Snapshot Calculation Detail
- View Sold Vehicles With No Credit
- The Early Credit FAQ provides an explanation of the early credits (which are credits 2449.1(b)13 - 18), and shows example calculations.
If you have questions about this page, please contact ARB at [email protected] or call 1(877) 59-DOORS. 393
394
Contract No. ___________
Revised 11-2-20
BBK 72500.00001\32374915.1
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Tri-Star Contracting II, Inc., (hereinafter referred to as the “Contractor”) an agreement for Mountain View Retention Basin Project (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated December 19, 2025, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, Tri-Star Contracting II, Inc., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of Two Million Eighty-Two Thousand Six Hundred Eighty-Seven Dollars and Thirty Cents, ($2,082,687.30), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law, or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the 395
Contract No. ___________
lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
396
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety and
Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
397
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared ___________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨
Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
398
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared _____________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨
Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
399
Contract No. ___________
PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS That
WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed February 12, 2026, has awarded to Tri-Star Contracting II, Inc., hereinafter designated as the “Principal,” a contract for the work described as follows:
Mountain View Retention Basin Project (the “Project”).; and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated December 19, 2025, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of Two Million Eighty-Two Thousand Six Hundred Eighty-Seven Dollars and Thirty Cents, ($2,082,687.30) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or 400
Contract No. ___________
relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
[SIGNATURES ON NEXT PAGE]
401
Contract No. ___________
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By ____________________ ____
Printed name: _______________________
Title: ______________________________
(Corporate Seal) Surety
By: ________________________________
Printed Name: _______________________
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate)
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
402
Contract No. ___________
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨
Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
403
Contract No. ___________
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On _________________, 20___, before me, _______________________________, Notary Public, personally appeared _______________________________ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨
Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
404
Notice of Exemption FORM “B”
NOTICE OF EXEMPTION
TO:
Office of Planning and Research
P. O. Box 3044, Room 113
Sacramento, CA 95812-3044
FROM: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Clerk of the Board of Supervisors
or
County Clerk
County of: Riverside
2724 Gateway Dr, Riverside,
CA 92507
1. Project Title: City of Palm Desert – Mountain View Retention Basin Project
2. Project Applicant: City of Palm Desert
3. Project Location – Identify street address and
cross streets or attach a map showing project
site (preferably a USGS 15’ or 7 1/2’
topographical map identified by quadrangle
name):
77620 Mountain View
Palm Desert, CA 92211
4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside
5. Description of nature, purpose, and
beneficiaries of Project:
Construction of a municipal stormwater retention
basin and associated storm drain infrastructure
improvements to address flooding and increase
stormwater capacity within an existing residential
neighborhood.
6. Name of Public Agency approving project: City of Palm Desert
7. Name of Person or Agency undertaking the
project, including any person undertaking an
activity that receives financial assistance
from the Public Agency as part of the activity
or the person receiving a lease, permit,
license, certificate, or other entitlement of use
from the Public Agency as part of the activity:
City of Palm Desert.
8. Exempt status: (check one)
(a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268)
(b) Not a project.
(c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c))
(d) Categorical Exemption.
State type and section
number:
CEQA Guidelines Sections 15301 (Existing Facilities),
15302 (Replacement or Reconstruction), 15303
(Small Structures) and 15304 (Minor Alterations to
Land)
(e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a))
(f) Statutory Exemption.
State Code section number:
(Public Resources Code (CEQA Statute) § 21080.35)
405
Notice of Exemption FORM “B”
(g) Other. Explanation: General Rule – Section 15061(b)(3)
9. Reason why project was exempt: The project consists of the construction of municipal stormwater infrastructure improvements and a
retention basin within an existing developed
residential neighborhood to address documented
stormwater capacity deficiencies. The work includes
replacement and upsizing of existing storm drain
facilities within public rights-of-way and grading on a previously disturbed parcel acquired by the City for
flood control purposes. The project does not expand
the existing use of the facilities and occurs entirely
within previously developed urban land. Therefore, the
project qualifies for categorical exemptions under
CEQA Guidelines Sections 15301, 15302, 15303, and
15304. None of the exceptions to the categorical
exemptions found in CEQA Guidelines Section
15300.2 apply.
10. Lead Agency Contact Person: Ryan Lamb, Senior Project Manager Telephone: (760) 776-6416
11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing.
12. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
13. Was a public hearing held by the lead agency to consider the exemption? Yes No If yes, the date of the public hearing was:
Signature:__________________________________ Date:_______________ Title: City Engineer
Signed by Lead Agency Signed by Applicant
Date Received for Filing:
(Clerk Stamp Here)
Authority cited: Sections 21083 and 21100, Public Resources Code.
Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 406
407
408
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 12, 2026
PREPARED BY: Siji Fernandez, Senior Planner
Kalaina Perez, Management Analyst
SUBJECT: APPROVE AMENDMENT NO. 2 TO ADMINISTRATIVE CONTRACT NO.
A47670, THE PROFESSIONAL SERVICES AGREEMENT WITH JOHN
KALISKI ARCHITECTS TO ADD A VIEWS ANALYSIS AND
RECOMMENDATIONS COMPONENT AND EXTEND THE CONTRACT
THROUGH JUNE 30, 2027.
RECOMMENDATION:
1. Approve Amendment No. 2 to the Professional Services Agreement with John Kaliski Architects (JKA) to increase the contract amount by $36,677 to incorporate a comprehensive views analysis and recommendations component into the ongoing contract, for a total notto-exceed amount of $264,839.
2. Extend the term of the Professional Services Agreement through June 30, 2027.
3. Authorize the City Attorney to make any non-monetary changes to the agreement.
4. Authorize the City Manager or designee to execute any change orders or amendments, including extensions of the agreement, provided such actions remain within the approved amount.
BACKGROUND/ANALYSIS:
The City of Palm Desert has been actively pursuing the development of objective design standards to guide high-quality development throughout the community:
1. Multifamily and Mixed-Use Objective Design Standards (ODS) o In April 2023, the City Council awarded a professional services agreement to John Kaliski Architects (JKA) for the preparation of Objective Design Standards for multifamily and mixed-use development.
o This project was successfully completed in April 2024, providing a framework of objective, enforceable standards to guide design consistency in these development types.
2. Downtown and Hillside Objective Design Standards
o In May 2024, the City entered into a new professional services agreement with JKA to prepare Downtown and Hillside Objective Design Standards. o This project includes General Plan consistency analysis and public outreach, and focuses on developing adoption-ready, enforceable regulatory documents tailored to the Downtown and hillside areas.
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City of Palm Desert
Approve Contract Amendment to Include a Views Analysis
Palm Desert View Analysis Study
City stakeholders and decision-makers have consistently highlighted the importance of views in establishing Palm Desert’s character. Despite this consensus, the City lacks a standardized approach to identifying, defining, and protecting views. The Palm Desert View Analysis Study seeks to fill this gap by:
Establishing a shared understanding of what constitutes a “view” within Palm Desert. Identifying key views and view corridors that contribute to the City’s identity. Outlining actionable policy recommendations and next steps to conserve and enhance these views.
The Palm Desert View Study is organized into four key tasks, each focused on defining, evaluating, and providing recommendations for the City’s views. The table below summarizes each task and its associated deliverables.
Table 1 – Palm Desert View Analysis Study: Tasks and Deliverables Task Description Deliverables
1. Administration &
Coordination
Project management, coordination with
Staff, up to 6 virtual check-in meetings
Meeting notes, monthly
invoices
2. Outreach &
Engagement
Three public meetings: introduction,
opportunities/directions, and draft
recommendations
Meeting notes
3. Research &
Existing Conditions
Review City documents, site observations,
precedents from other cities, summarize
findings
Observation notes/photos,
Existing Conditions &
Opportunities Report/Deck
4. Recommendations
& Next Steps
Draft and finalize recommendations for view
identification, conservation, and
enhancement, including policy or regulatory
considerations
Draft and Final
Recommendations & Next
Steps Reports
The study will ultimately provide a foundation for potential updates to the General Plan, Zoning Code amendments, regulatory policies, and other programs such as scenic corridors or land acquisition initiatives. These initiatives demonstrate the City’s ongoing commitment to implementing clear, objective, and enforceable design standards, complementing the Palm Desert View Study’s focus on preserving the City’s visual identity and quality of life. 410
City of Palm Desert
Approve Contract Amendment to Include a Views Analysis
The original Administrative Contract A47670 was approved by the City Manager within his procurement authority for such services on May 24, 2024. Amendment No. 1 provided a time extension to the agreement. The proposed Amendment No. 2 incorporates the scope for the views analysis and recommendations component to the existing contract and extends the term of the professional services agreement through June 30, 2027. The term extension provides sufficient time to complete the additional scope and align the views analysis with the remainder of the project.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
The original contract amount was $228,162. Approval of Amendment No. 2 would increase the contract by $36,677, resulting in a total not-to-exceed amount of $264,839. Funds are available in Account No. 1104470-4300500; therefore, there is no additional impact on the City’s General Fund.
Authorized Budgets Date Authorized Total
Original Budget FY 23/24 7/1/2023 228,162
Additional Appropriation FY 25/26 7/1/2025 36,677
Total Amount Budgeted 264,839
Authorized Expenditures Date Authorized Total
Contract No. A47670 5/21/2024 228,162
Amendment No. 1 7/17/2025 -
Amendment No. 2 (This Request) 2/12/26 36,677
Total NTE Amount Authorized 264,839
ATTACHMENTS:
1. Draft Professional Services Amendment
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2). ☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other entitlements for use, and to contracts or franchise agreements other than competitively bid, labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
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City of Palm Desert
Approve Contract Amendment to Include a Views Analysis
Councilmembers should review any campaign contributions received within the last 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each Councilmember is responsible for identifying and disclosing any disqualifying interests in accordance with the Political Reform Act and FPPC regulations. 412
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72500.00001\44340560.1
AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND JOHN KALISKI ARCHITECTS
1. Parties and Date.
This Amendment No. 2 (“Amendment”) to the Professional Services Agreement, Contract No.A47670, is made and entered into on February 12, 2026, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California with its principal place of business at 73-510 Fred Waring Drive, Palm Desert, California, 92260-2578 (“City”) and John Kaliski Architects, Inc., an S-Corporation, with its principal place of business at 3780 Wilshire Boulevard, Suite 500, Los Angeles, CA 90010 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
1.1 City Council Approval. On February 12, 2026, City Council approved the award of this Amendment to Consultant named above.
2. Recitals.
2.1 Agreement. The City and John Kaliski Architects entered into a Professional Services Agreement (“Agreement”) on May 21, 2024, for the purpose of retaining the services of John Kaliski Architects for Downtown and Hillside Objective Design Standards (“Project”).
2.2 Background. The parties previously entered into a previous Amendment No. 1 on June 17, 2025, to extend the term.
2.3 Amendment Authority. This Amendment is authorized pursuant to Section
3.6.14 of the Agreement.
2.4 The purpose of this Amendment No. 2 is to add additional scope, extend the term, and increase compensation.
3. Terms. The Agreement is hereby amended as follows:
Section 3.1.1 Scope. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately supply the services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A-1" attached hereto and Exhibit “A”
incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and 413
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72500.00001\44340560.1
federal laws, rules and regulations.
Section 3.1.2 Term. The term of this agreement shall be from June 1, 2024, to June 30, 2027, unless earlier terminated as
provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines.
Section 3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services
rendered under this Agreement at the rates set forth in Exhibit “B-1” attached hereto and Exhibit “B” incorporated herein by reference. The total compensation shall not
exceed Two-Hundred Sixty-Four Thousand Eight
Hundred Thirty-Nine and 00/100 Dollars ($264,839.00)
without written approval of the City Council or City
Manager, as applicable.
3.1 Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 2. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
3.2 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
[SIGNATURES ON FOLLOWING PAGE]
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72500.00001\44340560.1
SIGNATURE PAGE FOR AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND
JOHN KALISKI ARCHITECTS, INC.
CITY OF PALM DESERT
Chris Escobedo
City Manager
Attest:
Anthony J. Mejia
City Clerk
Approved to form by:
__________________________________
Isra Shah
City Attorney
JOHN KALISKI ARCHITECTS, INC., AN SCORPORATION
John Kaliski
President
Lorraine Wild
Secretary
Office Use:
Quality Check Insurance
City Clerk Contracts Initial Review Final Review
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Contract No. A47670
EXHIBIT “A-1”- 4
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EXHIBIT “A-1”
SCOPE OF SERVICES
416
Contract No. A47670
EXHIBIT “A-1”- 5
09.16.2025
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417
Contract No. A47670
EXHIBIT “B-1”- 6
09.16.2025
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EXHIBIT “B-1”
COMPENSATION
418
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 22, 2026
PREPARED BY: Anthony J. Mejia
SUBJECT: RESOLUTIONS ADOPTING AMENDMENTS TO THE CITY’S CONFLICT
OF INTEREST CODE AND DESIGNATING CERTAIN APPOINTED
BODIES AND OFFICIALS FOR TRAVEL REIMBURSEMENT AND
APPLICABLE ETHICS AND FISCAL TRAINING REQUIREMENTS
RECOMMENDATION:
1. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING AN AMENDED CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 2024-070.”
2. Adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DESIGNATING CERTAIN BOARDS, COMMISSIONS,
COMMITTEES, AND TASK FORCES AS ELIGIBLE FOR TRAVEL REIMBURSEMENT AND
IDENTIFYING OFFICIALS SUBJECT TO STATE-MANDATED ETHICS AND FISCAL TRAINING REQUIREMENTS.”
BACKGROUND:
AB 1234 – Ethics Training Requirements
Assembly Bill 1234 establishes ethics training requirements for certain local agency officials who receive, or are eligible to receive, public funds through compensation or reimbursement, and requires completion of at least two hours of ethics training on a biennial basis.
Historically, the City of Palm Desert has required all appointed members of Boards, Commissions, Committees, and Task Forces to complete ethics training upon appointment and to renew such training on a biennial basis. Under AB 1234, however, ongoing ethics training requirements are not triggered solely by appointment to a board, commission, committee, or task force. Rather, the statute ties the renewal obligation to officials who receive, or are eligible to receive, compensation or reimbursement. None of the City’s Boards, Commissions, Committees, or Task Forces receive compensation in the form of stipends, nor have they historically received travel reimbursement.
To better align City practice with state law and reduce unnecessary administrative tracking, the City amended its Travel and Expense Reimbursement Policy to limit reimbursement eligibility for appointed officials to those expressly designated by City Council. This report proposes corresponding actions to clarify reimbursement eligibility and ethics training renewal requirements while preserving existing disclosure obligations under the City’s Conflict of Interest Code. 419
City of Palm Desert
Conflict of Interest Code Update – Ethics and Fiscal Training
Under the proposed framework, ethics training would continue to be required for all appointed members of Boards, Commissions, Committees, and Task Forces upon appointment as a best practice. Ongoing ethics training renewal would be required only for those appointed officials designated as eligible for reimbursement, consistent with AB 1234, as well as for the City Manager, Department Directors, and Deputy Directors pursuant to City policy.
SB 827 – Fiscal and Financial Training Requirements
Senate Bill 827, effective January 1, 2026, establishes new fiscal and financial training requirements for certain local government officials and staff whose roles involve fiscal oversight or financial decision-making. The law requires covered officials to complete a minimum of two hours of fiscal and financial training on a biennial basis.
The required training addresses core areas of local government fiscal administration, which may include budgeting and financial reporting, public funds management, debt and capital financing, pensions and other post-employment benefits, procurement and contracting, and the ethical stewardship of public resources.
SB 827 applies to members of a local agency’s legislative body and to certain appointed officials and staff whose positions involve fiscal oversight or responsibility for the administration, review, or recommendation of financial matters. The statute requires local agencies to identify which officials and staff are subject to the training requirement based on the nature of their duties.
This report proposes designating the City Council, City Manager, Department Directors, Deputy Director(s) of Finance, and members of the Finance Committee as subject to the fiscal and financial training requirements of SB 827, based on their respective roles in fiscal oversight and financial decision-making.
ANALYSIS:
Ethics Training and Reimbursement Eligibility (AB 1234) Staff recommends adopting a companion resolution, together with amendments to the City’s Conflict of Interest Code, to designate the following Boards, Commissions, Committees, and Task Forces as eligible for travel reimbursement, should reimbursement become necessary:
Planning Commission
Architectural Review Commission
Finance Committee
Historic Preservation Committee
These bodies perform quasi-judicial or fiscal advisory functions and represent the limited circumstances in which reimbursement eligibility may be appropriate based on the nature of their responsibilities.
Historically, the City has not reimbursed members of Boards, Commissions, Committees, or Task Forces for travel expenses, and no stipends are provided. This action does not change that practice. Rather, it formally limits reimbursement eligibility going forward by identifying those appointed bodies for which reimbursement could be authorized if needed. 420
City of Palm Desert
Conflict of Interest Code Update – Ethics and Fiscal Training
Designation for reimbursement eligibility does not create an entitlement to reimbursement.
Instead, it provides clarity and establishes which appointed officials would be subject to ongoing ethics training renewal requirements under AB 1234.
All other Boards, Commissions, Committees, and Task Forces would remain ineligible for travel reimbursement. Members of those bodies would continue to complete ethics training upon appointment but would not be subject to biennial ethics training renewal.
Fiscal and Financial Training Requirements (SB 827)
Senate Bill 827 requires certain local agency officials and staff whose roles involve fiscal oversight or financial decision-making to complete biennial fiscal and financial training. The law directs local agencies to identify which officials and staff are subject to the training requirement based on the nature of their responsibilities.
Staff recommends designating the following officials and advisory body members as subject to the fiscal and financial training requirements of SB 827:
City Council
City Manager
Department Directors
Finance Committee Members
These officials and advisory body members have direct responsibility for budget development, fiscal oversight, financial reporting, or the review and recommendation of financial matters.
Designating these roles provides clarity regarding SB 827 compliance and ensures the training requirement is applied consistently and in accordance with state law.
No other Boards, Commissions, Committees, or Task Forces are proposed for designation at this time, as their roles do not involve fiscal oversight or financial decision-making responsibilities contemplated by SB 827.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
FINANCIAL IMPACT:
There is no direct fiscal impact associated with the proposed amendments. Ethics and fiscal training required under AB 1234 and SB 827 can be completed using existing training resources.
The proposed changes are expected to reduce administrative tracking and compliance workload by narrowing the number of officials subject to ongoing training renewal requirements.
ATTACHMENTS:
1. Resolution Adopting an Amended Conflict of Interest Code
2. Resolution Designating Reimbursement Eligibility and Training Requirements 421
City of Palm Desert
Conflict of Interest Code Update – Ethics and Fiscal Training
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☐ Site-Specific Property Interest – Councilmembers should check if they own or lease real property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2). ☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other entitlements for use, and to contracts or franchise agreements other than competitively bid, labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each Councilmember is responsible for identifying and disclosing any disqualifying interests in accordance with the Political Reform Act and FPPC regulations. 422
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, ADOPTING THE CITY’S
CONFLICT OF INTEREST CODE AND REPEALING
RESOLUTION NO. 2024-070
WHEREAS, the Political Reform Act (Government Code Section 81000 et seq.) requires local government agencies to promulgate and adopt a Conflict of Interest Code; and WHEREAS, on September 26, 2024, the City Council adopted Resolution No. 2024-070, adopting a Conflict of Interest Code for the City of Palm Desert; and WHEREAS, subsequent to the adoption of Resolution No. 2024-070, the Legislature enacted Senate Bill 827, which establishes new fiscal and financial training requirements for certain local agency officials and staff and requires local agencies to identify which positions are subject to those requirements; and WHEREAS, the City has also adopted a Travel and Expense Reimbursement Policy that limits reimbursement eligibility for appointed officials to those designated in the City’s Conflict of Interest Code, thereby affecting the application of ethics training requirements under Assembly Bill 1234; and
WHEREAS, the City Council finds it necessary and appropriate to update the City’s Conflict of Interest Code outside of the biennial review cycle to ensure compliance with newly enacted state law and to align the Code with related City policies governing reimbursement and training requirements; and
WHEREAS, the City Council desires to rescind Resolution No. 2024-070 and adopt an amended Conflict of Interest Code reflecting these updates.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Resolution No. 2024-070 is hereby rescinded and replaced.
SECTION 2. The City Council adopts the Conflict of Interest Code promulgated by the Fair Political Practices Commission, as set forth in Section 18730 of the California Code of Regulations, by reference. The Conflict of Interest Code, together with the City’s Disclosure Categories and List of Designated Positions attached hereto, shall collectively constitute the Conflict of Interest Code of the City of Palm Desert. A copy of the Conflict of Interest Code shall be on file with the City Clerk and available for public inspection and copying during regular business hours.
SECTION 3. This Resolution and the Conflict of Interest Code adopted herein shall become effective immediately upon adoption.
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Resolution No. _____
PASSED, APPROVED AND ADOPTED BY THE PALM DESERT CITY COUNCIL THIS ____ DAY OF ________, 2026.
Mayor
ATTEST:
Anthony J. Mejia
City Clerk
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Desert, hereby certify that Resolution No. _______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 __________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, this _____ day of __________, _________.
Anthony J. Mejia, MMC
City Clerk
424
Resolution No. _____
CONFLICT OF INTEREST CODE OF THE
CITY OF PALM DESERT, CALIFORNIA
The Political Reform Act (Government Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 California Code of Regulations Section 18730) that contains the terms of a standard Conflict of Interest Code, which can be incorporated by reference in an agency’s Code. After public notice and hearing, the standard code may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This incorporation page, regulation 18730, and the attached Appendix designating positions and establishing disclosure categories, shall constitute the Conflict of Interest Code of the City of Palm Desert (City).
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney and the City Treasurer, may electronically file their annual statements of economic interests directly with the Fair Political Practices Commission. All other officials and designated positions required to submit a statement of economic interests shall file their statements with the City Clerk as the City’s Filing Officer. The City Clerk shall retain the original statements filed by all other officials and designated positions and will make all retained statements available for public inspection and reproduction during regular business hours. (Gov. Code § 81008.)
For travel and expense reimbursement purposes, only Boards, Commissions, Committees, and Task Forces specifically approved by the City Council for reimbursement are eligible, regardless of whether they are designated in this Conflict of Interest Code for disclosure purposes.
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Resolution No. _____
APPENDIX
[The Appendix is the attachment to the incorporation page and is separated into two parts – Part A and Part B]
PART A
DISCLOSURE CATEGORIES
The disclosure categories listed below identify the types of economic interests that the designated position must disclose for each disclosure category to which he or she is assigned.
CATEGORY 1: Investments/Sources of Income
All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are located in, doing business in, or own real property within the jurisdiction of the CITY.
CATEGORY 2: Real Property Interests
All interests in real property which is located in whole or in part within, or not more than two (2) miles outside, the jurisdiction of the CITY, including any leasehold, beneficial or ownership interest or option to acquire property.
CATEGORY 3: Land Development/Construction/Acquisition
All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that are engaged in land development, construction or the acquisition or sale of real property within the jurisdiction of the CITY.
CATEGORY 4: Contracting/Procurement (Citywide)
All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the City.
CATEGORY 5: Contracting/Procurement (Department/Division) All investments2 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, that provide services, products, materials, machinery, vehicles or equipment of a type purchased or leased by the designated position’s department, unit or division.
CATEGORY 6: Regulatory/Permits/Licensing Authority
All investments1 and business positions in business entities, and sources of income, including gifts2, loans and travel payments, subject to the regulatory, permit, or licensing authority of the designated position’s department, unit or division.
1 “Investment” means financial interest in any business entity (including a consulting business or other independent contracting business) and are reportable if they are either located in or doing business, are planning to do business, or have done business during the previous two years in the jurisdiction of the CITY.
2. This Conflict of Interest Code does not require the reporting of gifts from outside this City’s jurisdiction if the source does not have some connection with or bearing upon the functions or duties of the position. (Reg. 18730.1)
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Resolution No. _____
PART B
DESIGNATED POSITIONS
The Mayor, Members of the City Council and Planning Commission, the City Manager, the City Attorney, the City Treasurer, and all other City Officials who manage public investments as defined by 2 California Code of Regulations § 18700.3(b), are NOT subject to the City’s Code but must file disclosure statements under Government Code section 87200 et seq. [Regs. § 18730(b)(3)]
It has been determined that the positions listed below are the Other City Officials who manage public investments. These positions listed below are for informational purposes only. Financial Consultants
DESIGNATED POSITIONS DISCLOSURE
CATEGORIES
Members of Boards, Commissions, & Committees
Architectural Review Commission 2, 6
Building Board of Appeals 2, 6
Civic Engagement Committee 5
Cultural Arts Commission 2, 5
Cultural Resources Preservation Committee 2, 6
El Paseo Business Improvement District 5
Environmental Resources Committee 5
Finance Committee 1, 2
Historic Preservation Committee 2, 6
Homelessness Taskforce 5
Housing Commission 2, 5, 6
Library Advisory Committee 5
Marketing Committee 5
Parks and Recreation Commission 2, 3, 5
Public Safety Commission 5
Rent Review Board 2, 6
Resource Preservation & Enhancement Committee 5
University Planning & Development Committee 2, 3, 5
Staff Positions/Titles
Accounting Manager 4
Assistant Building Official 2, 3, 5, 6
Analyst (All) 5
Assistant City Manager 1, 2
Business Enterprise Systems Administrator 5
Business Operations Manager 5
Capital Projects Manager 2, 4
Chief Building Official 2, 3, 5, 6
City Clerk 1, 2
City Engineer 1, 2
Code Compliance Supervisor 2, 3, 5, 6
Communications and Marketing Coordinator 5
Community Relations Supervisor 5
Community Services Manager 2, 3, 5
Deputy City Attorney 1, 2
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Resolution No. _____
Assistant/Deputy Director (All) 1, 2
Director (All) 1, 2
Executive Coordinator 2, 5
Finance Supervisor 4
Homeless & Supportive Services Manager 2, 5
Housing Manager 2, 3, 5, 6
Information Systems Manager 5
Landscape Supervisor 2, 3, 5
Library Manager 5
Principal Planner 2, 3, 5, 6
Project Manager (All) 2, 5
Public Affairs Manager 5
Senior Building Inspector 2, 3, 5, 6
Senior Engineer 2, 4
Senior GIS Administrator 5
Senior Network Engineer 5
Senior Planner 2, 3, 5, 6
Special Events Coordinator 2, 3, 5, 6
Streets Maintenance Supervisor 2, 5
Consultants and New Positions
Individuals serving as consultants as defined in FPPC Reg 18700.3(a) or in a new position created since this Code was last approved that makes or participates in the making of decisions must file under the broadest category set forth in this Code subject to the following limitation: The City Manager may determine that, due to the range of duties or contractual obligations, it is more appropriate to assign a limited disclosure requirement. A clear explanation of the duties and a statement of the extent of the disclosure requirement must be in a written document (see Form 804). The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. 428
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DESIGNATING CERTAIN BOARDS,
COMMISSIONS, COMMITTEES, AND TASK FORCES AS
ELIGIBLE FOR TRAVEL REIMBURSEMENT AND IDENTIFYING
OFFICIALS SUBJECT TO STATE-MANDATED ETHICS AND
FISCAL TRAINING REQUIREMENTS
WHEREAS, the City Council has adopted a Travel and Expense Reimbursement Policy governing the authorization and reimbursement of travel expenses incurred in connection with official City business; and
WHEREAS, the Travel and Expense Reimbursement Policy limits reimbursement eligibility for appointed officials to those designated by City Council action and crossreferenced in the City’s Conflict of Interest Code; and WHEREAS, Assembly Bill 1234 (Government Code Sections 53232–53232.4) requires ethics training for local agency officials who receive, or are eligible to receive, public funds through compensation or reimbursement; and WHEREAS, none of the City’s Boards, Commissions, Committees, or Task Forces receive compensation in the form of stipends, and members of such bodies have not historically received travel reimbursement; and
WHEREAS, Senate Bill 827 establishes fiscal and financial training requirements for certain local agency officials and staff whose roles involve fiscal oversight or financial decision-making; and
WHEREAS, the City Council desires to clearly identify which Boards, Commissions, Committees, and Task Forces are eligible for travel reimbursement and which officials are subject to applicable ethics and fiscal training requirements, consistent with state law and City policy.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Designation of Reimbursement-Eligible Appointed Officials.
The following Boards, Commissions, Committees, and Task Forces are hereby designated as eligible for travel reimbursement, subject to the City’s Travel and Expense Reimbursement Policy and applicable approval requirements:
Planning Commission
Architectural Review Commission
Finance Committee
Historic Preservation Committee
Designation under this section establishes eligibility for reimbursement only and does not create an entitlement to reimbursement.
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Resolution No. _____
SECTION 2. Ethics Training Requirements (AB 1234).
Pursuant to Assembly Bill 1234, appointed officials serving on the Boards, Commissions, Committees, and Task Forces identified in Section 1 of this Resolution shall be subject to ongoing ethics training renewal requirements, as required by state law.
In addition, the City Manager, Department Directors, and Deputy Directors shall be required to complete ethics training and to renew it biennially due to the scope of their authority, discretionary decision-making responsibilities, and involvement in the use and oversight of public resources.
All other appointed members of Boards, Commissions, Committees, and Task Forces shall continue to complete ethics training upon appointment, but shall not be subject to ongoing renewal requirements unless otherwise required by law.
SECTION 3. Fiscal and Financial Training Requirements (SB 827).
Pursuant to Senate Bill 827, the following officials and members of the Finance Committee are identified as subject to the required fiscal and financial training:
City Council
City Manager
Department Directors
Finance Deputy Director(s)
Finance Committee Members
Designation under this section is based on the fiscal oversight and financial decisionmaking responsibilities associated with these positions.
SECTION 4. Administration.
The City Clerk shall administer and track compliance with applicable ethics and fiscal training requirements consistent with this Resolution and state law.
PASSED, APPROVED AND ADOPTED BY THE PALM DESERT CITY COUNCIL THIS ____ DAY OF ________, 2026.
Evan Trubee
Mayor
ATTEST:
Anthony J. Mejia
City Clerk
430
Resolution No. _____
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Desert, hereby certify that Resolution No. _______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 __________, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, this _____ day of __________, _________.
Anthony J. Mejia, MMC
City Clerk
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 12, 2026
PREPARED BY: Ivan Tenorio, Homeless and Supportive Services Manager SUBJECT: APPROVAL OF PROPOSED PLAN FOR BOND ISSUANCE BY THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PALM
DESERT FAMILY HOUSING PROJECT LOCATED AT THE NORTHWEST
CORNER OF COOK STREET AND FRANK SINATRA DRIVE
(SUPERSEDING RESOLUTION NO. 2026-001)
RECOMMENDATION:
1. Conduct the public hearing and receive public comments under the requirements of the Tax Equity and Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986, as amended (the “Code”), in connection with the proposed issuance, in one or more series, of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code by the California Municipal Finance Authority (“CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed Fifty Million Dollars ($50,000,000) (the “Bonds”). The Bonds will finance or refinance the acquisition, construction, improvement and equipping of the Palm Desert Family Housing Project, a 298 unit multifamily affordable rental housing development (295 income restricted units and 3 manager units) located at the northwest corner of Cook Street and Frank Sinatra Drive (APN 694-200-021) in Palm Desert, California (the “Project”).
2. Adopt a Resolution entitled “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY EXEMPT FACILITY BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $50,000,000 FOR THE PURPOSE OF FINANCING OR
REFINANCING THE ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING
OF PALM DESERT FAMILY HOUSING AND CERTAIN OTHER MATTERS RELATING THERETO,” approving the issuance of the Bonds by CMFA for the benefit of Sinatra Family Housing, LP, a partnership of which Compass for Affordable Housing (the “Developer”) or a related person to the Developer is the general partner, to provide for the financing of the Project. Such adoption is solely for the purpose of satisfying the requirements of TEFRA, the Code, and California Government Code Sections 6500 et seq. This action is intended to supersede Resolution No. 2026-001 solely for TEFRA public approval purposes with respect to the Bonds and the Project.
3. Ratify the Indemnity Agreement previously executed with Sinatra Family Housing, LP, and authorize the Mayor or City Manager to execute Amendment No. 1 to the Indemnity Agreement, in substantially the form attached.
433
City of Palm Desert
TEFRA Hearing
RE-AGENDIZED ITEM / PROCEDURAL CLARIFICATION
This item is being re-agendized to adopt a revised TEFRA approval resolution that expressly identifies the Borrower, Sinatra Family Housing, LP, and to authorize Amendment No. 1 to the Indemnity Agreement. The revised resolution supersedes Resolution No. 2026-001 solely for TEFRA public approval purposes and is consistent with the originally approved financing structure and Project.
BACKGROUND/ANALYSIS:
The California Municipal Finance Authority (CMFA) is a joint powers authority established to assist local governments, nonprofit organizations, and private developers in accessing exempt facility bonds for financing for projects that provide public benefit.
The Borrower, Sinatra Family Housing, LP, an affiliate of Affirmed Housing, has submitted an application to CMFA in connection with the proposed issuance of the Bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code for the proposed Palm Desert Family Housing Project. The Project site is located at the northwest corner of Cook Street and Frank Sinatra Drive (APN 694-200-021).
The proposed Project will provide affordable multifamily housing for households earning between 30% and 70% of the Area Median Income (AMI) for Riverside County. The development will consist of 298 units in total, including 295 income-restricted units and 3 manager units, as follows:
Unit Type Units
Studios 7
One-Bedroom 113
Two-Bedroom 101
Three-Bedroom 58
Four-Bedroom 16
Manager Units 3
Total 298
The affordability distribution across the 298 units is as follows:
The three manager units are not income-restricted but are included in the overall 298-unit total.
Affordable units total 295.
Affordable Housing
Unit Mix
Units
Extremely Low Income 77
Very Low Income 123
Low Income 95
Managers Units 3
Total 298
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City of Palm Desert
TEFRA Hearing
Affirmed Housing is a San Diego based developer specializing in affordable and supportive housing. The Project will be financed using 4% Low Income Housing Tax Credits (LIHTC) and the issuance of exempt facility bonds through CMFA.
To satisfy the TEFRA requirements and Section 147(f) of the Internal Revenue Code, the City of Palm Desert has been asked to conduct a public hearing and adopt a resolution approving CMFA’s issuance of the bonds. This hearing allows the public an opportunity to comment on the financing and Project location before the Bonds are approved for issuance.
ANALYSIS:
The City’s role in this matter is procedural and non-financial. By holding the required TEFRA public hearing and adopting the proposed resolution, the City action satisfies the federal requirement that the jurisdiction where the Project is located approve the issuance of the Bonds.
This action does not make the City a participant in the financing, nor does it create any financial, legal, or moral obligation for repayment of the Bonds. The Bonds will be issued solely by CMFA, and all repayment obligations rest with Sinatra Family Housing, LP.
Upon adoption of the resolution, the Borrower will execute an Indemnity Agreement holding the City harmless from any claims or liabilities arising from its approval of the resolution or CMFA’s issuance of the Bonds.
Taking this action will allow CMFA to complete the bond issuance and enable the Borrower to proceed with construction of a major affordable housing development that supports the City’s goals for increased housing opportunities and alignment with regional housing needs.
STRATEGIC PLAN:
This Project supports the City’s Envision Palm Desert – Forward Together (2013–2033) Strategic Plan goals under the Land Use, Housing & Open Space and Transportation chapters. Land Use, Housing & Open Space: Facilitates development of high-quality housing for residents of all income levels and supports the creation of well-planned, mixed-use neighborhoods.
Transportation: Promotes multimodal connectivity and access along key corridors, including Cook Street and Frank Sinatra Drive, consistent with the City’s long-term mobility and neighborhood design objectives.
Legal Review:
This report has been reviewed by the City Attorney’s Office. 435
City of Palm Desert
TEFRA Hearing
Strategic Plan:
This Project supports the City’s Envision Palm Desert – Forward Together (2013–2033) Strategic Plan goals under the Land Use, Housing & Open Space and Transportation chapters. Land Use, Housing & Open Space: Facilitates development of high-quality housing for residents of all income levels and supports the creation of well-planned, mixed-use neighborhoods.
Transportation: Promotes multimodal connectivity and access along key corridors, including Cook Street and Frank Sinatra Drive, consistent with the City’s long-term mobility and neighborhood design objectives.
FINANCIAL IMPACT:
The Bonds, if issued by the California Municipal Finance Authority (CMFA) for the Project, will be the sole responsibility of the Borrower and will not constitute a financial, legal, or moral obligation of the City. It is expected that a portion of the issuance fees attributable to the City will be provided to the City by CMFA for the City’s General Fund, which may be used for any lawful purpose.
The amount, if any, has not been finalized and would be determined by CMFA and the transaction terms. Any City staff time and noticing costs associated with this item are expected to be minimal and absorbed within existing resources.
ATTACHMENTS:
1. Resolution 2026-
2. 2026-01-08; Indemnity Agreement – Sinatra Family Housing, LP
3. Indemnity Agreement Amendment No. 1
4. Public Hearing 10-Day Notice
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City of Palm Desert
TEFRA Hearing
CONFLICT OF INTEREST AWARENESS CHECKLIST:
☒ Site-Specific Property Interest – Councilmembers should check if they own or lease real property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2). ☐ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other entitlements for use, and to contracts or franchise agreements other than competitively bid, labor, or personal employment contracts.
Applicant(s)/Appellant(s): Not Applicable
Councilmembers should review any campaign contributions received within the last 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each Councilmember is responsible for identifying and disclosing any disqualifying interests in accordance with the Political Reform Act and FPPC regulations. 437
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RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING THE ISSUANCE OF THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY EXEMPT FACILITY BONDS IN
AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED
$50,000,000 FOR THE PURPOSE OF FINANCING OR
REFINANCING THE ACQUISITION, CONSTRUCTION,
IMPROVEMENT AND EQUIPPING OF PALM DESERT FAMILY
HOUSING AND CERTAIN OTHER MATTERS RELATING
THERETO
WHEREAS, Sinatra Family Housing, LP (the "Borrower") a partnership of which Compass for Affordable Housing (the "Developer") or a related person to the Developer is the general partner, has requested that the California Municipal Finance Authority (the "Authority") adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $50,000,000 in aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, construction, improvement and equipping of a multifamily rental housing project located at the northwest corner of Cook Street & Frank Sinatra Drive, located in the City of Palm Desert (the “City”), California (the “Project”); and
WHEREAS, pursuant to Section 147(f) of the Code, the issuance of the Bonds by the Authority must be approved by an applicable elected representative of a governmental unit; and
WHEREAS, the City Council of the City (the "City Council") is the elected legislative body of the City and is one of the "applicable elected representatives" that may approve the issuance of the Bonds under Section 147(f) of the Code; and WHEREAS, the Authority has requested that the City Council approve the issuance of the Bonds by the Authority in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of that certain Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among certain local agencies, including the City; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; WHEREAS, the City Council previously adopted Resolution No. 2026-001 regarding approval of the Bonds for the Project; and
WHEREAS, the City Council desires to adopt this Resolution to supersede Resolution No. 2026-001 solely for purposes of satisfying the public approval requirements of Section 147(f) of the Code with respect to the Bonds and the Project. 439
Resolution No. 2026-___
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert as follows:
Section 1. The foregoing resolutions are true and correct.
Section 2. The City Council hereby approves the issuance of the Bonds by the Authority in a principal amount not to exceed $50,000,000 to finance the Project. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of the Agreement; provided, however, that this Resolution shall not constitute an approval by the City Council of the Project for any other purpose.
Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds.
Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein.
Section 5. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing transaction approved hereby.
Section 6. This resolution shall take effect immediately upon its adoption.
ADOPTED ON ________________, 2026.
EVAN TRUBEE
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
440
Resolution No. 2026-___
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2026-__ is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on _______________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIA
CITY CLERK
441
442
INDEMNITY AGREEMENT
This Indemnity Agreement (" Agreement") is entered into this 8th day of January, 2026, by and between the CITY OF PALM DESERT, a municipal corporation organized and existing under the laws of the State of California ( the " City"), and SINATRA FAMILY HOUSING, LP, a California limited partnership ( the " Borrower").
RECITALS
A. WHEREAS, the Borrower has requested that the City conduct a public hearing and adopt a resolution approving the issuance by the California Municipal Finance Authority (" CMFA") of tax-exempt revenue bonds in a principal amount not to exceed Fifty Million Dollars ($ 50, 000, 000) to finance the Palm Desert Family Housing Project ( the Project"), a 298 -unit affordable multifamily rental housing development located at the northwest corner of Cook Street and Frank Sinatra Drive, Palm Desert, California ( APN 694- 200- 021); and
B. WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 6500 et seq. of the California Government Code, the City Council of the City of Palm Desert conducted a duly noticed public hearing on January 8, 2026, and adopted Resolution No. 2026- 001 approving the issuance of the Bonds by CMFA for purposes of satisfying federal and state requirements; and WHEREAS, the City Council adopted Resolution No. 2025- 035 on June 12, 2025, establishing the City' s Records Retention Schedule; and
C. WHEREAS, as a condition of adopting the Resolution, the City requires that the Borrower indemnify, defend, and hold harmless the City and its officers, officials, employees, and agents from and against any and all claims, damages, and liabilities arising from or related to the City' s consideration or approval of the Resolution or CMFA' s issuance of the Bonds.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the mutual covenants set forth below, the parties agree as follows:
1. Term. This Agreement shall become effective upon execution and shall remain in effect with respect to any Claims arising from or relating to the Resolution, the Bonds, or the Project, notwithstanding any completion, defeasance, redemption, or other termination of the Bonds.
2. Indemnification. From and after the execution of this Agreement, the Borrower hereby agrees to indemnify, defend upon written tender by the City ( with counsel reasonably acceptable to the City), and hold harmless the City and its officers, officials, employees, and agents ( collectively, the " City Parties") from and against any and all legal actions, proceedings, claims, demands, liabilities, losses, judgments, damages, awards, costs, and expenses ( including reasonable attorneys' fees and court costs) ( collectively, Claims") arising directly or indirectly out of or related to the City' s consideration of, hearing on, or approval of the issuance of the Bonds as provided in Resolution No. 2026- 001 adopted on January 8, 2026 or the CMFA' s consideration, approval, structuring, sale, issuance, validation, remarketing, or administration of the Bonds or the Project, including, 443
444
without limitation, any Claims alleging violation of federal, state, or local law, including the California Public Records Act (" CPRA"), environmental review requirements, or other challenges to the City' s proceedings or approvals.
This obligation shall survive the adoption of the Resolution, the issuance of the Bonds, and any termination of this Agreement. The obligations under this Section 1 are in addition to, and not in lieu of, any indemnity, defense, or reimbursement obligations in any other agreement between Borrower, CMFA, or the City. Nothing herein shall be construed to require indemnification to the extent caused by the sole active negligence or willful misconduct of the City.
3. No City Obligation. The Borrower acknowledges and agrees that the Bonds shall not constitute an indebtedness, obligation, or liability of the City. The City shall have no financial, legal, or moral responsibility for the repayment of the Bonds or any obligation of CMFA or the Borrower related thereto). Borrower acknowledges that the City is not an issuer, underwriter, or obligated person with respect to the Bonds, has no continuing disclosure obligations, and is not a party to the financing documents. Borrower shall not state or imply otherwise in any offering or disclosure materials. The City expressly reserves all immunities and defenses available under applicable law, including without limitation Government Code 818.4and 818.8. 4.
Governing Law; Construction. This Agreement shall be governed by and construed in accordance with the laws of the State of California in effect at the time of execution.
This Agreement shall be interpreted according toits fair meaning as if prepared jointly by both parties. Venue for any action arising out of or relating tothis Agreement shall lie exclusively inthe state courts located in Riverside County, California. 5.
Modification; Waivers. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless made in writing and duly authorized and executed by both parties. No waiver of any breach shall be deemed a waiver of any other or subsequent breach. 6.
Severability. If any term or provision ofthis Agreement, orthe application thereof to any party or circumstance, shall be held invalid or unenforceable toany extent, the remainder ofthis Agreement and the application of such term or provision to other parties or circumstances shall not be affected and shall remain enforceable to the fullest extent permitted bylaw. 7.
Entire Agreement. This Agreement contains the entire understanding between the parties with respect tothe matters covered herein and supersedes all prior agreements, understandings, and representations, whether oral or written. The recitals are incorporated into and made apart of this Agreement. 8.
Counterparts; Electronic Delivery. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Execution and delivery by electronic means shall be valid and binding for all purposes. Electronic signatures shall be deemed original signatures tothe fullest extent permitted by law. 9.
Notices. All notices, tenders of defense, and other communications under this Agreement shall be in writing and deemed given when (a) delivered personally, (b) sent by 445
446
nationally recognized overnight courier, or (c) deposited in the U. S. mail, certified, return - receipt requested, postage prepaid, addressed to the parties at the addresses on file with the City Clerk ( or such other address as a party may designate by notice).
10. Further Assurances; Cooperation. Borrower shall execute and deliver such further documents and take such further actions as may be reasonably necessary to carry out the purposes of this Agreement, including cooperating with the City in responding to any CPRA requests, subpoenas, or audits relating to the Resolution, the Bonds, or the Project.
11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns; provided, however, Borrower shall not assign this Agreement without the City' s prior written consent, which may be withheld in the City' s sole discretion.
12. Independent Obligations; No Third -Party Beneficiaries. Borrower' s obligations hereunder are independent of any obligations of CMFA or any other person. This Agreement is for the benefit of the City only and shall not create any rights in favor of any third party, except as expressly provided herein.
13. No Agency; Partnership. Nothing herein shall create any agency, partnership, joint venture, or employment relationship between Borrower and the City.
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Signatures appear on next page]
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IN WITNESS WHEREOF, the Borrower and the City have executed this Agreement as of the date first written above.
SINATRA FAMILY HOUSING, LP
a California Limited P rship
By:
Jam P. Silverwood
President
By:
Robin artinez
Executive Director
CITY OF PALM DESERT
a California Municipal Corporation
By:
Evan rubee
Mayor
ATTE
By:
449
450
Contract No. __________
1 AMENDMENT NO. 1 TO THE INDEMNITY AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND
SINATRA FAMILY HOUSING, LP
1. Parties and Date.
This Amendment No. 1 to the Indemnity Agreement (“Amendment No. 1”) is made and entered into as of this 12th day of February 2026, by and between the City of Palm Desert, a municipal corporation organized under the laws of the State of California (the “City”), and Sinatra Family Housing LP, a California limited partnership (“Borrower”). City and Borrower are sometimes individually referred to as “Party” and collectively as “Parties.”
2. Recitals.
2.1 Agreement. City and Borrower entered into an agreement titled “Indemnity Agreement,” dated January 8, 2026 (“Agreement”), for the purpose of requiring Borrower to indemnify, defend, and hold the City harmless in connection with the City’s public hearing, consideration of, and approval of actions related to the California Municipal Finance Authority’s (CMFA) issuance of tax-exempt revenue bonds for the financing of the Palm Desert Family Housing Project.
2.2 Amendment Purpose. City and Borrower now desire to amend the Agreement to conform the Agreement to the revised Tax Equity and Fiscal Responsibility Act (TEFRA) approval resolution that expressly identifies the Borrower.
2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 5 of the Agreement.
3. Terms.
3.1 Amendment. Recital “B” of the Agreement is hereby amended in its entirety and shall read as follows:
“B. WHEREAS, pursuant to Section 147(f) of the Internal Revenue Code of 1986, as amended, and Section 6500 et seq. of the California Government Code, the City Council of the City of Palm Desert conducted a duly noticed public hearing on February 12, 2026, and adopted Resolution No. 2026-____, approving the issuance of the Bonds by CMFA for purposes of satisfying federal and state requirements; and WHEREAS, the City Council adopted Resolution No. 2025-035 on June 12, 2025, establishing the City’s Records Retention Schedule; and”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, 451
Contract No. __________
2 it shall mean the Agreement as amended by this Amendment No. 1.
3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.
3.4 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURE PAGE ON FOLLOWING PAGE]
452
Contract No. __________
3 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE INDEMNITY AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND
SINATRA FAMILY HOUSING, LP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CITY OF PALM DESERT
_____________________
Chris Escobedo
City Manager
ATTEST:
_____________________
Anthony J. Mejia
City Clerk
APPROVED AS TO FORM:
_____________________
Isra Shah
City Attorney
SINATRA FAMILY HOUSING, LP
________________________
James P. Silverwood
President
________________________
Robin Martinez
Executive Director
Office Use:
Quality Check
City Clerk Contracts
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454
C I T Y O F P A L M
D E S E R T 73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 760-346-0611
[email protected]
CITY OF PALM DESERT
PUBLIC HEARING NOTICE
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REGARDING
THE ISSUANCE OF EXEMPT FACILITY BONDS (QUALIFIED RESIDENTIAL
RENTAL PROJECT) FOR THE PALM DESERT FAMILY HOUSING 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 February 12, 2026.
The City Council meeting begins at 4:00 p.m. in the Council Chamber at 73-510 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 no later than February 2, 2026.
PROJECT DESCRIPTION:
On February 12, 2026, a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), will be held with respect to a proposed plan of financing providing for the issuance by the California Municipal Finance Authority (the "Authority") of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, in an amount not to exceed $50,000,000 in aggregate principal amount (the "Bonds"). The proceeds of the Bonds will be used to: (1) finance or refinance the acquisition, construction, improvement and equipping of Palm Desert Family Housing, a multifamily rental housing project located at the northwest corner of Cook Street and Frank Sinatra Drive (APN 694-200-021), Palm Desert, California; and (2) pay certain expenses incurred in connection with the issuance of the Bonds. The facilities are to be owned by Sinatra Family Housing, LP (the "Borrower") or a partnership of which Compass for Affordable Housing (the "Developer") or a related person to the Developer is the general partner.
The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited 455
obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower.
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, 73-510 Fred Waring Drive, Palm Desert, California 92260, Attention: City Clerk, or emailed to [email protected].
Si necesita ayuda con esta notificación, por favor llame a la Ciudad de Palm Desert y comuníquese con Damian Olivares al (760) 346-0611.
Anthony J. Mejia, MMC
City Clerk, City of Palm Desert
PUBLISH:
456
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: February 12, 2026
PREPARED BY: Rosie Lua, Director of Development Services SUBJECT: APPEAL OF A DECISION OF THE PLANNING COMMISSION ADOPTING A
MITIGATED NEGATIVE DECLARATION, FINDING THE PROJECT EXEMPT FROM CEQA UNDER GUIDELINES SECTION 15183, AND APPROVING A
PRECISE PLAN FOR THE CATAVINA RESIDENTIAL PROJECT
RECOMMENDATION:
Hold a public hearing and adopt a Resolution entitled “A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND CONFIRMING
THE DECISION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, TO ADOPT AN INITIAL STUDY MITIGATED NEGATIVE DECLARATION
PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A PRECISE PLAN FOR THE CONSTRUCTION OF A 546 SINGLE FAMILY UNIT
RESIDENTIAL COMMUNITY LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF
PORTOLA AVENUE, AND FIND THE PROJECT EXEMPT FROM CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15183.”
BACKGROUND/ANALYSIS:
Executive Summary
The City Council of the City of Palm Desert is holding a public hearing to consider an appeal related to the California Environmental Quality Act (CEQA) determination of a decision by the Palm Desert Planning Commission approving a Mitigated Negative Declaration (MND) and Precise Plan for a proposed residential development known as Catavina. The Project proposes the construction of 546 single-family residences on approximately 81 acres, including onsite circulation, utility infrastructure, stormwater facilities, lighting, and open space areas. The Project site is located south of Frank Sinatra Drive and west of Portola Avenue on Assessor’s Parcel Number 620-170-009 and consists of a mix of single- and two-story homes across four planning areas.
On November 18, 2025, the Planning Commission approved the Project and adopted the associated MND. On November 24, 2025, an appeal of the Planning Commission’s decision was filed by Supporters Alliance for Environmental Responsibility (SAFER), asserting that the Initial Study/Mitigated Negative Declaration does not adequately analyze potentially significant environmental impacts and that preparation of an Environmental Impact Report (EIR) is required under the California Environmental Quality Act (CEQA).
The City Council initially opened the public hearing on the appeal on January 8, 2026. At the request of both the Appellant and the Applicant, the hearing was continued to a date certain of February 12, 2026, to allow additional time for review of supplemental information submitted by SAFER on January 6, 2026, and the Applicant’s response dated January 28, 2026. The staff 457
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report posted for the January 8, 2026 meeting differs from the staff report presented at today’s meeting. The staff report dated January 28, 2026 includes additional items that were presented after the January 8, 2026 meeting, as well as determinations made by the City based on documents subsequently submitted by the Applicant and the Appellant.
This report provides a summary of the Project, the Planning Commission’s actions, the basis for the appeal, and the procedural history leading to the continued public hearing before the City Council.
Table 1 – Project Timeline
Date Action
March 10, 2025 Precise Plan 25-0003 Application received for Catavina May 21, 2025 1
st Community Meeting
September 10, 2025 2
nd Community Meeting
October 1, 2025 CEQA comment period begins
October 3, 2025 CEQA letter received from Department of Toxic Substances Control (DTSC)
October 20, 2025 CEQA letter received from Department of Fish and Wildlife (CDFW)
October 20, 2025 CEQA public review period ends
November 3, 2025 Project comment letter received from “SAFER” November 4, 2025 Planning Commission holds public hearing for PP25-0003 and continues to November 18, 2025
November 18, 2025 Planning Commission approves PP25-0003 November 24, 2025 Appeal received from Appellant (SAFER) January 6, 2026 SAFER submits additional comments to the City Clerk January 8, 2026 City Council Public Hearing – continued by both appellant and applicant to review additional information provided on January 6, 2026 to a date certain of February 12, 2026
January 28, 2026 Applicant responds directly to comment letter dated January 6, 2026
February 4, 2026 Applicant’s Attorney provides a General Plan Consistency Memorandum to the City
February 12, 2026 Continuation of City Council Public Hearing Key CEQA Determinations:
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The Project is consistent with the City of Palm Desert 2016 General Plan, which was evaluated in a certified Environmental Impact Report.
Pursuant to CEQA Guidelines Section 15183, the Project does not result in any impacts peculiar to the Project site, any new significant environmental impacts or substantial increases in the severity of impacts previously analyzed. The City has reviewed the Initial Study/Mitigated Negative Declaration (IS/MND), supporting technical studies, agency comments, and the Applicant’s response materials, and finds the environmental analysis adequate under CEQA. Based on the administrative record, preparation of an Environmental Impact Report (EIR) is not required.
Background
On November 18, 2025, Blue Fern West, LLC (Applicant), received approval from the City of Palm Desert Planning Commission (“Commission”) by a 3-0 vote (1 absent, 1 recusal) for a Precise Plan and Initial Study Mitigated Negative Declaration (ISMND) to construct 546 singlefamily residences (SFR) on approximately 81 acres, including onsite circulation, utility infrastructure, stormwater facilities, lighting, and open space areas known as Catavina (Project).
The Project will include a mix of single- and two-story homes distributed across four planning areas located South of Frank Sinatra Drive and west of Portola Avenue on Assessor’s Parcel Number (APN) 620-170-009.
The Project was approved via Planning Commission Resolution No. 2904 at a public hearing.
The Project was originally on the agenda for November 4, 2025, but was continued until November 18, 2025, at which time the Commission adopted Commission Resolutions 2904, 2905, and 2907. Attachment 2 includes the Commission staff report dated November 18, 2025, which provides information on the entire Project. The full agenda packet for November 18, 2025, can be accessed by clicking the following link: Planning Commission - November 18, 2025. The Project approval included:
Resolution 2904 (Attachment 3): ISMND and Precise Plan 25-0003 (PP25-0003), which finds that all environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the ISMND. PP25-0003 establishes the site layout and development for the 546 SFR units, minimum lot sizes, location of single and two-story homes, location of streets, recreation, retention, open space areas, and landscaping layout. Resolution 2905: Master Infrastructure Map (TTM 39159), which establishes the Project framework by subdividing the site into six lots, including three lettered lots for the spine road and retention basins, and one for the existing cell tower. TTM 39159 was found to be consistent with the MND adopted via Resolution 2904. Resolution 2907: Phased Subdivision Map (TTM 39160), which creates the residential lots and facilitates future sale or development of the parcels. This establishes the site layout and development for the 546 SFR units, location of streets, recreation, retention, open space areas, and establishes a phased approach. TTM 39160 was found to be consistent with the MND adopted via Resolution 2904.
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Appeal
On November 24, 2025, the City of Palm Desert’s Development Services Department received an appeal application and associated fee from Supporters Alliance for Environmental Responsibility (“Appellant”) appealing the Commission’s decision to adopt Commission Resolution No. 2904 (Attachment 4, dated December 1, 2025). The reasons stated for the appeal are as follows:
“SAFER [Appellant] is concerned that the IS/MND prepared for this project is improper under the California Environmental Quality Act due to the IS/MND’s failure to adequately assess the Project’s potentially significant environmental impacts. SAFER requests that an environmental impact report (EIR) be prepared for the Project rather than an MND because there is a fair argument that the Project may have adverse environmental impacts, including, but not limited to, impacts to air quality and biological resources”.
No technical comments were associated with the appeal application for review.
On January 6, 2026, SAFER provided supporting technical written comments as part of the comment letter. SAFER challenges the Draft MND released in September 2025 and the Final MND released in October 2025 prepared for Catavina. SAFER asserts that the City’s approval of the Project and adoption of the MND violates CEQA by failing to require preparation of a full Environmental Impact Report (EIR). The Appellant contends that the Project may result in potentially significant environmental impacts, including, but not limited to:
Greenhouse gas (GHG) emissions
Biological resources
Indoor air quality
Construction-related and operational air quality impacts SAFER argues that the MND does not provide substantial evidence demonstrating that air quality impacts associated with construction and long-term operation of the Project would be less than significant.
SAFER cites CEQA’s “fair argument” standard, asserting that substantial evidence exists demonstrating the potential for significant impacts, thereby requiring preparation of an EIR rather than reliance on an MND. Therefore, SAFER requests that the City Council grant the appeal and direct staff to prepare an Environmental Impact Report before any further consideration or approval of the Project.
On January 28, 2026, the Applicant submitted a response to the comment letter dated January 6, 2026, to the appeal asserting that the Project complies with the California Environmental Quality Act (CEQA) and that the Planning Commission’s approval should be upheld.
Relevant Information
The Applicant contends that the Project qualifies for CEQA exemption or streamlining pursuant to CEQA Guidelines Section 15183, which applies to projects that are consistent 460
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with an adopted General Plan for which an Environmental Impact Report (EIR) has been certified.
The Applicant states that the Project is consistent with the land use, zoning, and density designations established by the City’s 2016 General Plan Update, which was analyzed in a certified EIR.
According to the Applicant, the Initial Study/Mitigated Negative Declaration (IS/MND) and associated technical studies demonstrate that the Project would not result in any significant or peculiar environmental impacts beyond those evaluated in the 2016 General Plan EIR.
The Applicant asserts that all potential environmental impacts are either:
o Adequately addressed in the General Plan EIR, or
o Mitigated through compliance with existing City regulations, standards, and mitigation measures.
The Applicant further maintains that a CEQA determination made pursuant to Section 15183 is subject to the substantial evidence standard of review, rather than the fair argument standard applicable to an MND.
Under this standard, the Applicant argues that the City may rely on the IS/MND and supporting technical reports as substantial evidence to support CEQA streamlining or exemption.
The Applicant concludes that the technical analyses prepared for the Project provide sufficient evidentiary support to uphold the Planning Commission’s approval and deny the appeal.
City staff and legal counsel reviewed the Applicant’s February 4, 2026 General Plan Consistency Memorandum.
The final Consistency Memorandum, as reflected in the administrative record, addresses staff’s comments and supports the findings contained in this report.
Initial Study Mitigated Negative Declaration (ISMND)
The primary argument for the appeal is based on the findings of the ISMND. An Initial Study (IS) is a preliminary analysis prepared for a project to determine whether an EIR or negative declaration must be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA). The purpose of the IS is to determine whether there may be a significant environmental impact. An IS was prepared for the Project evaluating the required 21 factors for potential environmental impact pursuant to CEQA guidelines. The following factors were analyzed to have at least one impact that is a “Less Than Significant Impact with Mitigation Incorporated”: Biological Resources, Geology and Soils, Cultural Resources, Transportation, Hazards and Hazardous Materials, Tribal Cultural Resources, and Mandatory Findings of Significance.
In Section 4.3 of the ISMND, Air Quality was determined to have less than significant impacts primarily based upon Appendix A of the ISMND “Air Quality/Greenhouse Gas/Energy Modeling Results”. This is determined by using the applicable criteria which include:
- Conflict with or obstructing implementation of the applicable air quality plan - Result in a considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standards - Expose sensitive receptors to substantial pollutant concentrations 461
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- Result in other emissions adversely affecting a substantial number of people.
In the City of Palm Desert’s role as the lead agency under CEQA, the Planning Commission found that the Project complied with the requirements of the "2024 Local Guidelines for Implementing the California Environmental Quality Act for the City of Palm Desert” Resolution No. 2024-035. An ISMND was prepared and found that although the proposed Project could have a significant effect on the environment, all environmental impacts of the Project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the ISMND and the Mitigation Monitoring and Reporting Program (MMRP).
CEQA Public Comment Period
The City published a Notice of Intent to Adopt a Mitigated Negative Declaration on October 1, 2025, in accordance with CEQA guidelines. The public review period for the MND was from October 1, 2025, through October 20, 2025. During this review period, the City received a comment letter from the DTSC and CDFW. Although the CEQA Guidelines do not require a lead agency to prepare written responses to comments received (CEQA Guidelines Section 15088), written responses were provided to both agencies and are found in Section 2.0 of the ISMND (Attachment 3, Exhibit A). In response to the comment letters, the ISMND revised two (2) Biological Resources mitigation measures, added one (1) Biological Resources mitigation measure, and revised language on the Hazards and Hazardous Materials section. An Errata Section 3.0 was added to the ISMND which details these changes. No comments were received and no revisions requested for the Air Quality section of the ISMND. The ISMND was not substantially revised after public notice of its availability from October 1, 2025, through October 20, 2025, and recirculation was not required. (State CEQA Guidelines, § 15073.5.) The October 3, 2025, DTSC comment letter, they recommended that the Project’s soil be tested to determine whether it contained arsenic and organochloride pesticides and herbicides. Based on the Phase I Environmental Site Assessment (ESA) that the Applicant’s soils consultant, Geo Tek, conducted for the Project, there was no indication that compounds containing arsenic or organochlorides had been used at the subject property. Nevertheless, out of an abundance of caution, Geotek took soil samples from the site on December 11, 2025 and had them tested for organochlorides and arsenic, as suggested in the comment letter. The test results show that neither organochlorides nor arsenic pose a threat to workers or future residents of the Project.
These findings were sent to DTSC in a letter on December 15, 2025. Based on these findings, the ISMND’s no significant impact conclusion regarding hazardous substances remains valid and supported by substantial evidence.
In the October 20, 2025 DFW comment letter, they recommended five (5) modified or new mitigation measures related to burrowing owl and nighttime lighting. The approved ISMND was revised to include three (3) of the five (5) mitigation measures that were proposed by DFW. The only exceptions are proposed measure BIO-3, which would require focused surveys for western burrowing owl, and proposed measure BIO-[B], which would require standards for artificial nighttime lighting.
In consultation with the Project biologist, the City determined that such surveys were unnecessary for the following reasons:
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- An extensive biological survey was conducted of the entire project site and accessible neighboring properties, and that survey was negative for burrowing owl individuals and burrowing owl sign;
- No suitable burrows or burrow surrogates (i.e., ground squirrel burrows, pipes, debris piles, etc.) of sufficient size and/or depth to support burrowing owl were observed on site; and
- The project site is highly disturbed, dominated by non-native grasses and mustards, with limited native vegetation and no evidence of active or historical burrowing owl use.
Based on these findings, and on CDFW’s own guidance regarding when focused burrowing owl surveys should be conducted (i.e., upon evidence of suitable owl habitat or sign on or within 150 feet of the project site), focused surveys for burrowing owl are not warranted at this time. The ISMND did accept and incorporate the DFW’s recommendation to conduct pre-construction surveys for burrowing owl “to ensure any new colonization or creation of burrowing owl burrows between now and construction will be detected and avoided.” Concerning the proposed measure BIO-[B], a mitigation measure for artificial nighttime lighting is not necessary based on the existing City of Palm Desert Municipal Code and General Plan Policy requirements. The Project would be subject to PDMC Chapter 9.24, Noise Control, and PDMC Chapter 24.16 Outdoor Lighting Requirements which limit construction hours and minimize light intrusion onto adjoining properties.
Appeal Determination
An Initial Study was prepared for the Project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Palm Desert’s Local CEQA Guidelines. The Initial Study/Mitigated Negative Declaration (IS/MND) evaluates the Project’s potential environmental effects and reflects the independent judgment of the Planning Commission as the decision-making body.
Based on the administrative record, including the IS/MND, supporting technical studies, agency comments, responses to comments, and the Applicant’s response memorandum, staff finds that the appeal does not demonstrate that the Project would result in any new, significant, or peculiar environmental impacts requiring preparation of an Environmental Impact Report (EIR).
CEQA Guidelines Section 15183
The Project is consistent with the land use, zoning, and density designations established by the City’s 2016 General Plan Update, which was evaluated in a certified Environmental Impact Report. CEQA Guidelines Section 15183 provides that projects consistent with an adopted General Plan EIR are eligible for CEQA streamlining or exemption where no new significant impacts, or substantial increases in the severity of previously identified impacts, would occur.
The following is a summary for clarification of the record:
The Applicant submitted a General Plan Consistency Memorandum dated February 4, 2026, which provides additional evidence demonstrating the Project’s consistency with the City’s 2016 General Plan land use, zoning, and density designations. 463
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The Consistency Memorandum substantiates the City’s findings that the Project does not result in any new significant impacts or substantial increases in the severity of impacts analyzed in the 2016 General Plan EIR.
The Consistency Memorandum has been reviewed by City staff and is incorporated into the administrative record in support of reliance on CEQA Guidelines Section 15183. Staff finds that the IS/MND, together with the Consistency Memorandum and supporting technical studies, constitutes substantial evidence supporting CEQA streamlining under Section 15183.
Accordingly, the Project qualifies for CEQA streamlining pursuant to Section 15183, and the City may rely on the existing environmental record to support approval of the Project.
Evaluation of Appeal Claims
Pursuant to Palm Desert Municipal Code Section 25.60.080(B), an appeal must state specific grounds supported by evidence. The Appellant has not provided substantial evidence demonstrating that the Project would result in significant environmental impacts beyond those already evaluated.
1. Air Quality
o Air quality impacts were evaluated in the IS/MND and supporting modeling, which concluded that both construction-related and operational impacts would be less than significant.
o No air quality comments or evidence were submitted during the public review period for the IS/MND.
o The record does not support a fair argument that the Project would result in significant air quality impacts.
2. Hazards and Hazardous Materials
o A Phase I Environmental Site Assessment identified no recognized environmental conditions on the Project site.
o Soil sampling conducted in response to Department of Toxic Substances Control (DTSC) comments confirmed that organochlorine pesticides and arsenic are not present at levels posing a risk to workers or future residents. o Based on these findings, the IS/MND’s conclusion of no significant impact related to hazardous materials is supported by substantial evidence.
3. Biological Resources
o Biological resources impacts were analyzed in the IS/MND and determined to be less than significant with mitigation.
o The IS/MND incorporates four mitigation measures, including three measures developed in coordination with the California Department of Fish and Wildlife (CDFW).
o Extensive biological surveys found no evidence of burrowing owl presence or suitable habitat on or adjacent to the Project site.
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o Consistent with CDFW guidance, focused burrowing owl surveys are not warranted in the absence of suitable habitat or sign. However, pre-construction surveys are required to ensure the avoidance of any future colonization. o Additional mitigation related to artificial nighttime lighting is not required, as the Project must comply with existing Palm Desert Municipal Code and General Plan policies regulating lighting and construction activities.
Determination
The IS/MND provides a complete, objective, and adequate analysis of the Project’s potential environmental impacts. All comments received during the CEQA review process were considered and do not alter the conclusions of the environmental analysis.
The appeal filed by SAFER does not present substantial evidence demonstrating that the Project would result in significant environmental impacts or that preparation of an EIR is required. The environmental record supports the Planning Commission’s approval of the Project and adoption of the IS/MND, as well as the applicability of CEQA streamlining under Guidelines Section 15183.
Based on the foregoing, staff recommends that the City Council deny the appeal and uphold the Planning Commission’s approval of the Project.
Procedures
Palm Desert Municipal Code (PDMC) Section 25.60.080 establishes procedures for appeals of land use decisions and designates the Council as the appeal authority for decisions made by the Commission. According to PDMC Section 25.60.080 (F), the appeal is “considered a de novo (new) hearing, and acting on the appeal, the Council shall state the basis for its action. The Council, as the appeal authority, may act to confirm, modify, reverse the action of the Commission, the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. The action of the Council is final on the date of the decision and may not be further appealed.” PDMC Section 25.60.080 requires an appeal hearing to be within 40 days of the date of the appeal filing, unless otherwise agreed to by the applicant. The Applicant and Appellant agreed to a January 8, 2026, City Council public hearing for the appeal, 45 days after the appeal was filed. In addition, both applicant and appellant agreed to continue the duly noticed January 8, 2026 City Council public hearing meeting to a date certain of February 12, 2026.
Following the City Council’s action, staff will file the Notice of Exemption (NOE) and/or Notice of Determination (NOD), as applicable, within five (5) working days in accordance with CEQA requirements.
Legal Review:
This report has been reviewed by the City Attorney’s Office.
Public Notification:
Community Engagement
The Applicant met all of the requirements outlined in PDMC 25.60.160 Community Engagement.
This included conducting two (2) publicly noticed community engagement meetings on May 21, 2025 and September 10, 2025, with a City staff representative in attendance. The Applicant 465
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responded to questions about two-story homes, development timeline, traffic and circulation, and dust control. The meetings had approximately 33 people in attendance.
Public notice was conducted for the November 4, 2025, Planning Commission meeting, as required by the Palm Desert Municipal Code (PDMC). A Public Hearing notice was published a minimum of 10 days before the hearing date on Friday, October 24, 2025, in The Desert Sun newspaper. Notices were mailed to all property owners within a 1,000-foot radius of the Project site. The Planning Commission continued the public hearing to a date certain of November 18, 2025. During the November 4, 2025 and November 18, 2025, Planning Commission public hearings, public comments were received with concern about the distance to neighbors, traffic, and heights.
Public notice was conducted for the January 8, 2026, City Council meeting. A Public Hearing notice was published in the Desert Sun newspaper on December 26, 2025, and mailed to all property owners within 1,000 feet of the Project site.
Public notice was conducted for the February 12, 2026, City Council meeting. A continued Public Hearing courtesy notice was published in the Desert Sun newspaper on February 1, 2026.
FINANCIAL IMPACT:
There is no direct fiscal impact to the General Fund with this action.
ATTACHMENTS:
1. Draft City Council Resolution
2. Planning Commission Staff Report November 18, 2025
3. PC Draft Resolution 2904
a. Exhibit A ISMND Response to Comments and MMRP
b. Exhibit B PP25-0003 Conditions of Approval
4. Appeal Application
5. PP25-0003 Site Layout Plan
6. SAFER PC Comment
7. CEQA Notice of Intent
8. Community Engagement Letter
9. Public Hearing Notices
10. Applicant Response Memorandum dated December 12, 2025
11.Applicant Response Memorandum dated December 15, 2025
12.January 6, 2026 SAFER Comments
13.January 28, 2026 Applicant Response
14.February 4, 2026 General Plan Consistency Memo
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CONFLICT OF INTEREST AWARENESS CHECKLIST:
☒ Site-Specific Property Interest – Councilmembers should check if they own or lease real property within 1,000 feet of the project site (Gov. Code § 87103(b); FPPC Reg. 18702.2). ☒ SB 1439 Applicability (Campaign Contributions) – Applies to licenses, permits, or other entitlements for use, and to contracts or franchise agreements other than competitively bid, labor, or personal employment contracts.
Applicant(s)/Appellant(s): Blue Fern West, LLC (Applicant) and Supporters Alliance for Environmental Responsibility “SAFER” (Appellant)
Councilmembers should review any campaign contributions received within the last 12 months from parties or participants to the proceeding and must not accept contributions over $500 from those parties for 12 months following the final decision (Gov. Code § 84308).
Note: These indicators are informational and do not constitute a legal determination. Each Councilmember is responsible for identifying and disclosing any disqualifying interests in accordance with the Political Reform Act and FPPC regulations. 467
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RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DENYING AN APPEAL AND CONFIRMING THE DECISION
OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT,
CALIFORNIA, TO ADOPT AN INITIAL STUDY MITIGATED NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) AND APPROVING A PRECISE PLAN FOR THE CONSTRUCTION OF A 546 SINGLE FAMILY UNIT RESIDENTIAL
COMMUNITY LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST
OF PORTOLA AVENUE, AND FINDING THE PROJECT EXEMPT FROM
CEQA PURSUANT TO STATE CEQA GUIDELINES SECTION 15183
CASE NO. PP/EA 25-0003
WHEREAS, Blue Fern West (“Applicant”) submitted a Precise Plan and Initial Study/Mitigated Negative Declaration (IS/MND) to construct 546 single-family residences on approximately 81 acres, including onsite circulation, utility infrastructure, stormwater facilities, lighting, and open space areas, located south of Frank Sinatra Drive and west of Portola Avenue on Assessor’s Parcel Number 620-170-009 (“Project”); and WHEREAS, the Project is located within the Planned Residential (PR)-22 zoning district, designated Town Center Neighborhood by the Palm Desert General Plan, and is consistent with the City’s PR-22 density designation (7–22 dwelling units per acre); and WHEREAS, the Project establishes site layout, minimum lot sizes, circulation, recreation and open space areas, and the location of single- and two-story homes distributed across four planning areas, including the allowance of two-story homes along the eastern perimeter of the Project; and
WHEREAS, the Project is consistent with the land use, zoning, and density designations established by the City of Palm Desert 2016 General Plan Update, which was evaluated in a certified Environmental Impact Report (General Plan EIR); and WHEREAS, the Applicant submitted a General Plan Consistency Memorandum dated February 4, 2026, which provides additional evidence demonstrating the Project’s consistency with the 2016 General Plan and further substantiates reliance on CEQA Guidelines Section 15183, and which has been reviewed by City staff and incorporated into the administrative record; and
WHEREAS, pursuant to Public Resources Code Section 21067, CEQA Guidelines Section 15367, and the City of Palm Desert Local CEQA Guidelines, the City is the lead agency for the Project; and
WHEREAS, the Initial Study/Mitigated Negative Declaration identifies potential environmental impacts and incorporates mitigation measures and a Mitigation Monitoring and Reporting Program to ensure that all impacts are reduced to a less-than-significant level; and WHEREAS, an Initial Study was prepared in accordance with CEQA, the State CEQA Guidelines, and the City’s 2024 Local Guidelines for Implementing the California Environmental Quality Act (Resolution No. 2024-035), and concluded that a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program (MMRP) were 469
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2 appropriate because the Project would not result in significant environmental impacts with mitigation incorporated; and
WHEREAS, the City published a Notice of Intent to Adopt a Mitigated Negative Declaration on October 1, 2025, and provided a public review period from October 1, 2025 through October 20, 2025, during which comment letters were received from the Department of Toxic Substances Control (DTSC) and the California Department of Fish and Wildlife (CDFW); and
WHEREAS, although CEQA does not require written responses to comments on an MND (CEQA Guidelines Section 15088), written responses were prepared and incorporated into the IS/MND, resulting in revisions to biological resources mitigation measures and clarification of hazards and hazardous materials analysis, none of which constituted substantial revisions requiring recirculation pursuant to CEQA Guidelines Section 15073.5; and
WHEREAS, on November 18, 2025, the Palm Desert Planning Commission conducted a duly noticed public hearing and approved the Project and adopted the MND and MMRP via Planning Commission Resolution No. 2904; and
WHEREAS, on November 18, 2025, the Planning Commission also approved Tentative Tract Maps 39159 and 39160 via Planning Commission Resolutions 2905 and 2907, respectively, which were found to be consistent with the MND and MMRP; and WHEREAS, Palm Desert Municipal Code Section 25.60.080 establishes a 15-day appeal period for Planning Commission land use decisions and designates the City Council as the appeal authority; and
WHEREAS, on November 24, 2025, within the required appeal period, the City received a timely appeal and fee from Supporters Alliance for Environmental Responsibility (“Appellant”), appealing Planning Commission Resolution No. 2904 on the basis that an Environmental Impact Report (EIR) should have been prepared due to alleged impacts to air quality and biological resources; and
WHEREAS, pursuant to PDMC Section 25.60.080, the City Council scheduled a duly noticed public hearing on the appeal for January 8, 2026, as agreed to by the Applicant and Appellant; and
WHEREAS, the City Council opened the public hearing on January 8, 2026, and, at the request of both the Applicant and Appellant, continued the hearing to a date certain of February 12, 2026, to allow additional time for review and response to comments submitted by SAFER on January 6, 2026; and
WHEREAS, the City Council has reviewed and considered the Appellant’s comment letter dated January 6, 2026, and the Applicant’s response letter dated January 28, 2026, the General Plan Consistency Memorandum dated February 4, 2026, and the entire administrative record; and
WHEREAS, pursuant to CEQA Guidelines Section 15183, projects that are consistent with an adopted General Plan for which an EIR has been certified do not require additional environmental review except to address impacts that are peculiar to the project or site and were not analyzed as part of the General Plan EIR; and
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RESOLUTION NO. 2026-
3 WHEREAS, the City Council finds that the Project does not result in any new significant environmental effects or a substantial increase in the severity of impacts previously identified in the General Plan EIR, and that all potential impacts are either:
Adequately addressed in the General Plan EIR, or
Mitigated through compliance with City standards, adopted mitigation measures, and conditions of approval; and
WHEREAS, the IS/MND and supporting technical studies constitute substantial evidence in the record demonstrating that the Project qualifies for CEQA streamlining pursuant to CEQA Guidelines Section 15183; and
WHEREAS, on February 12, 2026, the City Council resumed the duly noticed public hearing and considered the entire administrative record, including the IS/MND, technical studies, agency comments, responses to comments, the staff report, the Applicant’s response, and all testimony presented; and
WHEREAS, based on substantial evidence in the record, the City Council finds that the IS/MND provides a complete, objective, and accurate analysis of the Project’s environmental impacts, reflects the independent judgment of the City as lead agency, and that there is no substantial evidence supporting a fair argument that the Project may result in significant environmental impacts requiring preparation of an EIR; 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 denial of the appeal and confirmation of the Planning Commission approval.
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. Appeal Determination. The City Council confirms the decision by the Planning Commission approving the Project and following the City Council’s action, the City shall file the appropriate Notice of Determination and/or Notice of Exemption within five (5) working days in accordance with CEQA.
SECTION 3. Execution of Resolution. The Mayor signs this Resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.
ADOPTED ON ____________.
EVAN TRUBEE
MAYOR
ATTEST:
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RESOLUTION NO. 2026-
4 ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2026-__ 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 ______________, 2026.
ANTHONY J. MEJIA
CITY CLERK
472
CITY OF PALM DESERT
PLANNING COMMISSION
STAFF REPORT
MEETING DATE: November 18, 2025
PREPARED BY: Carlos Flores, AICP, Deputy Director of Development Services Madeline Luke, Consulting Planner
SUBJECT: CONSIDERATION TO APPROVE A NEW, 546 SINGLE FAMILY UNIT
RESIDENTIAL COMMUNITY LOCATED SOUTH OF FRANK SINATRA
DRIVE AND WEST OF PORTOLA AVENUE (APN: 620170009
RECOMMENDATION:
1. Adopt Planning Commission Resolution No. 2904 entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA,
ADOPTING AN INITIAL STUDY MITIGATED NEGATIVE DECLARATION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A PRECISE PLAN FOR THE CONSTRUCTION OF A 546 SINGLE FAMILY UNIT
RESIDENTIAL COMMUNITY LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF PORTOLA AVENUE; CASE NO. PP/EA 25-0003”
2. Adopt Planning Commission Resolution No. 2905 entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 39159 FOR MASTER INFRASTRUCTURE
DEVELOPMENT LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF PORTOLA AVENUE; CASE NO. TTM 39159 Master Infrastructure Map”
3. Adopt Planning Commission Resolution No. 2907 entitled, “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR A PHASED 546 SINGLE FAMILY LOT
RESIDENTIAL COMMUNITY LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF PORTOLA AVENUE; CASE NO. TTM 39160 Subdivision Map” BACKGROUND/ANALYSIS:
Case No.: PP/EA25-0003/TTM 39159, TTM 39160. TTM 39276
November 4, 2025 Planning Commission Meeting
On November 4, 2025, the City of Palm Desert Planning Commission, upon staff recommendation, took the following actions:
1) Opened a public hearing for PP/EA25-0003, TTM 39159, and TTM 39160 and continued the public hearing to November 18, 2025.
2) Adopted Planning Commission Resolution No. 2906 entitled “A RESOLUTION OF THE
PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 39276 FOR FINANCING AND CONVEYANCE PURPOSES 473
LOCATED SOUTH OF FRANK SINATRA DRIVE AND WEST OF PORTOLA AVENUE; CASE NO. TTM 39276 Finance Map”
During said meeting, the Planning Commission heard basics about the project, opened the public hearing to receive public testimony from both the Applicant and the public, and approved Resolution No. 2906 for Tentative Tract Map (TTM),TTM 39276, a map for Finance and Conveyance purposes only, with no development allowed to commence as part of this approval.
The remaining items continued to November 18, 2025 including Resolution No. 2904, a Precise Plan and CEQA determination for the 546 Single Family unit residential community (PP/EA 25- 00003) establishing the site layout, lot sizes, and development standards, Resolution No. 2905 TTM 39159, and Resolution 2907 for TTM 39160. No new items are being introduced as part of this staff report. Below is a staff report that provides information on the entirety of the continued project:
Background
The proposed project includes development of 546 single-family residential (SFR) units on approximately 81 acres, with onsite circulation, utilities, stormwater facilities, lighting, and open space areas. The Project is consistent with the City’s PR (Planned Residential)-22 density designation (7–22 units per acre). The project provides flexibility for construction by multiple builders or a single developer while maintaining a cohesive community design.
The proposed project includes a multi-map process to coordinate infrastructure delivery and phasing:
• Precise Plan 25-0003: This establishes the site layout and development for the 546 SFR units, minimum lot sizes, location of single and two-story homes, location of streets, recreation, retention, open space areas, and landscaping layout. • Master Infrastructure Map (TTM 39159): Establishes the project framework by subdividing the site into six lots, including three lettered lots for the spine road and retention basins, and one for the existing cell tower.
• Phased Subdivision Map (TTM 39160): Processed concurrently to create the residential lots and facilitate future sale or development of the parcels. This establishes the site layout and development for the 546 SFR units, location of streets, recreation, retention, open space areas, and establishes a phased approach. The Applicant may develop the project in phases as shown on the map.
Precise Plan
The proposed project includes development of 546 single-family residences a mix of single- and two-story homes, with the site plan showing restrictions on 2 story home locations, the onsite circulation, utility infrastructure, stormwater facilities, lighting, and open space areas. The 81- acre site is organized into four planning areas to provide a variety of housing types:
• Northwest: 88 homes on 5,000-square-foot lots
• Northeast: 255 clustered homes on lots ranging from 2,120 to 2,460 square feet • Central: 103 homes on 3,000-square-foot lots
• South: 100 homes on 4,050-square-foot lots
The Precise Plan, and its conditions, would run with the entirety of the project and require conformance for all future development. Development of homes within the project would require application(s) of additional Precise Plan(s) to develop specific setbacks, heights, architecture, and landscaping, but need to conform with PP 25-0003, as shown in Exhibit 1 below. PP 25- 474
0003 establishes an approval for site layout, location of single- and two-story homes, minimum lot sizes, and lot designs.
Exhibit 1– Site Plan
No specific architectural plans are proposed at this stage. Final architecture, landscaping, and lighting design will be prepared by future applicants. These applicants will be required to submit detailed architectural elevations, final landscape plans, and lighting plans to the City via Precise Plan, subject to approval from the City’s Architectural Review Commission (ARC) and Planning Commission. Future applications may be submitted for single or multiple planning areas. These future submittals will ensure compliance with the City’s design guidelines and overall community design intent and establish final development standards per planning area.
Tentative Tract Map (TTM) 39159 Master Infrastructure Map The Applicant is proposing TTM 39159 to approve the project framework by subdividing the site into six lots, including three lettered lots for the spine road and retention basins, and one for the existing cell tower. Approval and ultimate recordation of this map would allow for construction of 475
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the master infrastructure of the site, including the spine road, mass grading, and common area improvements. Lot 1 includes the existing Cell Tower which will be parceled out in the subdivision and Lot 6 includes the future club house/recreation area.
Exhibit 2 – TTM 39159
Phased Map TTM 39160
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Processed concurrently to create the residential lots and facilitate future sale or development of the parcels. This establishes the site layout and development for the 546 SFR units, location of streets, recreation, retention, open space areas, and establishes a phased approach. The Applicant may develop the project in phases as shown on the map. Each phase would require submittal of detailed architectural elevations, landscape plans, and lighting plans to the City via Precise Plan, subject to approval from the City’s Architectural Review Commission (ARC) and Planning Commission.
Exhibit 3 – TTM 39160 Phasing
A. Property Description
The proposed Residential Development will be South of Frank Sinatra Drive and west of Portola Avenue. The project site consists of a disturbed, vacant lot that previously operated as the Santa Rosa Country Club Golf Course from approximately 1978 until its closure in 2015. The site is dominated by ruderal and non-native grasses and does not support any natural vegetation communities. There are two dried-up artificial ponds in the northern and central portions of the project site that are associated with the former golf course. Existing remnants of a cement cart path, clubhouse, cart storage structure, and asphalt parking lot are distributed throughout the 477
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site. Approximately 1.1 acres of the southeast portion of the project site is developed with a cell tower, which would be established as its own parcel.
B. Zoning, General Plan and Adjacent Uses
The existing General Plan Land Use Designation is Town Center Neighborhood with a zoning of Planned Residential PR-22.The purpose of this district is to provide for flexibility in residential development, by encouraging creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities (4.0—40.0 du/ac), mixed housing types, and community facilities. The district is characterized as providing for the optimum integration of urban and natural amenities within developments and is organized around formal, walkable, and highly connected streetscapes.
Table 1 – Adjacent Land Use and Designations
Existing Uses General Plan Zoning
Project
Site
Vacant Town Center
Neighborhood
Planned Residential PR-22
North Frank Sinatra Drive
and Single Family
Residential
Conventional Suburban
Neighborhood
Planned Residential PR-5
East Vacant Parcel
Portola Avenue
Town Center
Neighborhood
Planned Residential PR-22
West Single-Family
Residential
Golf Course and Resort
Neighborhood
Planned Residential PR-7
South Single-Family
Residential
Golf Course and Resort
Neighborhood
Planned Residential PR-7
C. Project Description
Site Plan
Access to the site would be provided via one access point on Frank Sinatra Drive at the northern site boundary and one access point on Portola Avenue at the southeast portion of the site.
Access and circulation improvements would be designed and constructed consistent with City design and engineering standards, as shown in Exhibit 2. Key site features include distributed landscaping throughout the site, meandering pedestrian walkways, three retention basin located southeast of the site, and a recreation open space also on the southeast, as shown on Exhibit 1 above.
Architecture
The proposed Tentative Tract Maps (TTMs) and Precise Plan are intended to allow future applicants to construct the residential portions. At this stage, no specific architectural plans are proposed. An applicant will be required to submit architectural elevations, final landscape plans, and lighting plans to the City for approval. The project will conform to the City of Palm Desert 478
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Zoning Code (Municipal Code Title 25, Zoning), which establishes design standards related to building height, setbacks, and open space. The Applicant prepared a preliminary landscaping layout (Attachment 4) for the common area landscaping. Prior to construction of landscaping, the Applicant will submit a Design Review application for Architectural Review Commission approval.
In accordance with Section 25.10.050 (Development Standards), the maximum building height is limited to 40 feet or three stories, whichever is less. Setbacks range from 25 feet along local streets to 50 feet along freeways, while two-story single-family homes must maintain a minimum 100-foot setback—or one lot depth, whichever is greater—from the project perimeter. Building separation standards require a minimum of 7 feet between single-story units and 10 feet between two-story units. Additionally, a minimum of 20 percent of the site’s net area will be dedicated to common open space, ensuring compliance with City development standards and promoting a cohesive, high-quality neighborhood design. The properties to the south will be setback at least 15’ by an existing easement that runs along the southern property line.
Per PDMC Section 25.10.050(B)(14), two-story, single-family detached buildings shall be setback a minimum of 100 feet. The Commission may waive this requirement when adjacent developments are planned simultaneously. The Applicant is proposing for homes on the eastern perimeter to be two-story homes, only setback 55’. The Applicant has submitted applications for a development directly abutting this east perimeter, as the same ownership, and requested to meet the allowance of two-story homes along this perimeter.
ANALYSIS:
The project site is zoned PR-22 which allows single family residential uses with the approval of a Precise Plan (PP) by the Palm Desert Planning Commission in accordance with Table 25.10- 3 for development standards and Section 25.72.030. The Project site is designated as Town Center Neighborhood by the City of Palm Desert General Plan. The project would need to conform with the General Plan Land Use and Zoning. The development standards have no side, front, or rear yard setbacks and would be subject to review in future Precise Plans when architecture and landscaping plans are submitted per planning area.
Table 2 – Development Standard Consistency
STANDARD PR-22 PROJECT CONFORMS
Minimum Lot Size. None 2,120-5,000 sq.ft.(per PA) Yes
Lot Coverage 50% No Construction Proposed N/A
Maximum Height 40’-0” No Construction Proposed N/A
Maximum No. of
Stories
3 Stories 2 stories as proposed by
the applicant
Yes
Maximum Building Size None No Construction Proposed N/A Parking
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Under PDMC Section 25.46.040 Parking Requirements, there are 2 car garage or carport parking spaces required per single family residence. The proposed 546 single family unit residential development would require 1,092 covered parking spaces.
Environment Assessment/Environmental Review:
Under the California Environmental Quality Act (CEQA) and the State CEQA guidelines, an Initial Study has been prepared to analyze the environmental impacts of the project. The documents have been completed in compliance with the CEQA, the State CEQA Guidelines, and the City of Palm Desert local CEQA guidelines. The document finds that all environmental impacts of the project are either insignificant or can be mitigated to a less than significant level pursuant to the mitigation measures outlined in the Mitigated Negative Declaration (MND), attached as Exhibit A in Attachment 1. The City published a Notice of Intent to Adopt a Mitigated Negative Declaration on October 1, 2025, in accordance with CEQA guidelines. The public review period for the MND was from October 1, 2025 through October 20, 2025. The City received two (2) comment letters which have been responded to.
Public Notification:
Community Engagement
The Applicant met all of the requirements outlined in PDMC 25.60.160 Community Engagement.
This included conducting two (2) publicly noticed community engagement meetings on May 21, 2025 and September 10, 2025, with a City staff representative in attendance. The Applicant responded to questions about two-story homes, development timeline, traffic and circulation, and dust control. The meetings had approximately 33 people in attendance.
Public noticing was conducted for the November 4, 2025 Planning Commission meeting per the requirements of Palm Desert Municipal Code (PDMC). A Public Hearing notice was published a minimum of 10 days before the hearing date on Friday, October 24, 2025, in The Desert Sun newspaper. Notices were mailed to all property owners within 1,000 feet of the project site. The Planning Commission continued the public hearing to a date certain of November 18, 2025.
During the November 4, 2025 Planning Commission public hearing, public comments were received with concern on distance to neighbors, traffic, and heights.
Findings of Approval:
Findings of Approval can be found in draft Resolution No. 2904, 2905, and 2907 ATTACHMENTS:
1. Draft Resolution 2904 (PP25-0003)
a. Exhibit A Initial Study Mitigated Negative Declaration b. Exhibit B PP25-0003 Conditions of Approval
2. Draft Resolution 2905 (TTM 39159)
a. Exhibit A TTM 39159 Conditions of Approval
3. Draft Resolution 2907 (TTM 39160)
a. Exhibit A TTM 39160 Conditions of Approval
4. PP25-0003 Site Layout Plan
5. TTM 39160 Subdivision Map
6. Prelim Grading Exhibit TTM 39160
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7. TTM 39159 Master Infrastructure Map
8. Prelim Mass Grading Exhibit TTM 39159
9. Community Engagement Letter
10.CEQA Notice of Intent
11.Public Hearing Notice
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PLANNING COMMISSION RESOLUTION NO. 2904
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING AN INITIAL STUDY MITIGATED
NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A PRECISE PLAN FOR THE CONSTRUCTION OF A 546 SINGLE FAMILY UNIT
RESIDENTIAL COMMUNITY LOCATED SOUTH OF FRANK SINATRA
DRIVE AND WEST OF PORTOLA AVENUE
CASE NO. PP/EA 25-0003
WHEREAS, Blue Fern West (“Applicant”), submitted a Precise Plan and Initial Study Mitigated Negative Declaration to construct 546 single-family residences on approximately 81 acres, including onsite circulation, utility infrastructure, stormwater facilities, lighting, and open space areas. The project is consistent with the City’s Planned Residential (PR)-22 density designation (7–22 units per acre). The community will include a mix of single- and two-story homes distributed across four planning areas to provide a variety of housing types:
88 homes on 5,000-square-foot lots in the northwest, 255 clustered homes on lots ranging from 2,120 to 2,460 square feet in the northeast, 103 homes on 3,000-square-foot lots in the central area, and 100 homes on 4,050-square-foot lots in the southern portion of the site. The project is located South of Frank Sinatra Drive and west of Portola Avenue on APN 620-170- 009 (“Project”); and
WHEREAS, the Project site is within the PR-22 zoning district, and is designated as Town Center Neighborhood by the Palm Desert General Plan; and WHEREAS, the proposed Project establishes site layout, minimum lot sizes, circulation, recreation and open space areas, and location of single and two-story homes, including the allowance of two-story homes along the eastern perimeter of the project; and WHEREAS, for approval of the home design and development, the Project would need to apply for subsequent Precise Plan(s) applications to establish development standards, including setbacks and height, and architecture, including landscaping, consistent with the conditions of approval listed herein. This can be established per single or multiple planning areas identified on TTM 39160; and
WHEREAS, the proposed Project conforms to the General Plan land use designation for Town Center Neighborhood and the development standards listed in the City’s Zoning Ordinance for the PR-22 zoning district; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Project has complied with the requirements of the "2024 Local Guidelines for Implementing the California Environmental Quality Act for the City Palm Desert” Resolution No. 2024-035, an Initial Study Mitigated Negative Declaration was prepared and found that although the proposed project could have a significant effect on the 483
PLANNING COMMISSION RESOLUTION NO. 2904
2 environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of November, 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 Planning Commission 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 Planning Commission of the City of Palm Desert, California, as follows:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution.
SECTION 2. Findings on Precise Plan. Under Palm Desert Municipal Code Section
25.72.030(E), the findings for the PP25-0003 are the following:
1. The proposed location of the Precise Plan is in accord with the objectives of this title and the purpose of the district in which the site is located.
Project Compliance: Yes. It is the purpose of the PR district to provide for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types, and community facilities. The PR district is further intended to provide for the optimum integration of urban and natural amenities within developments. The PR district is also established to give a land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the City with assurances that the completed project will contain the character envisioned at the time of approval.
2. The proposed location of the Precise Plan under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity.
Project Compliance: Yes. The Project has been reviewed in accordance with all applicable requirements of the PR-22 Zoning Ordinance, as well as engineering, building, fire safety, and utility regulations, to ensure compliance with all relevant safety and usability standards. The Project was found to not be detrimental to the health, safety, or welfare of the public, nor will it be materially injurious to the properties in the vicinity. The Project provides setbacks from adjacent properties that meet the standards of the PR-22 zoning district.
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PLANNING COMMISSION RESOLUTION NO. 2904
3 3. The proposed Precise Plan use will comply with each of the applicable provisions of this title, except for approved variances or adjustments.
Project Compliance: Yes. The proposed development conforms with all applicable standards of the Palm Desert Municipal Code, including all standards of the PR22 zoning designation. The Project conforms with all applicable development standards. Approval of the home design and development, the Project would need to apply for subsequent Precise Plan(s) applications to establish development standards, including setbacks and height, and architecture, including landscaping, consistent with the conditions of approval listed herein. This can be established per single or multiple planning areas identified on TTM 39160. Per Palm Desert Municipal Code section 25.10.050(B)(14), two-story, single-family detached buildings shall be setback a minimum of 100 feet. The Commission may waive this requirement when adjacent developments are planned simultaneously. The Applicant is proposing for homes on the eastern perimeter to be two-story homes, only setback 55’. The Applicant has submitted applications for a development directly abutting this east perimeter, as the same ownership, and requested to meet the allowance of two-story homes.
4. The proposed conditional use complies with the goals, objectives, and policies of the City’s General Plan
Project Compliance: Yes. The proposed use complies and is consistent with the site’s Town Center Neighborhood land use designation as outlined by the Palm Desert General Plan. The Project provides a single family housing and aligns with the surrounding neighborhood. The Project meets objective design standards and incorporates drought-tolerant landscaping throughout the site, enhancing sustainability and reducing water consumption in accordance with the City’s planning and environmental goals. The following General Plan Policies are implemented with this Project:
Land Use Policy 3.15 – The Project provides on-site recreational open space as required by the General Plan.
Land Use Policy 3.16 – The Project provides single family residential units at a scale and density consistent with the surrounding uses and satisfy the City’s objective for transitional development.
Land Use Policy 3.20 – The Project enhances and preserves the characteristics of the existing surrounding neighborhoods.
SECTION 3. CEQA. The Planning Commission finds that the project complies with the requirements of the “2025 California Environmental Quality Act (CEQA) Statute and Guidelines,” and is not exempt from CEQA pursuant to Section 15303 of the State CEQA guidelines. The prepared Mitigation Negative Declaration and associated mitigation measures are the proper level of CEQA analysis. Under the State and CEQA guidelines, an Initial Study has been prepared to analyze the environmental impacts of the project. The documents have been completed in compliance with the CEQA, the State CEQA Guidelines, and the City of Palm Desert local CEQA guidelines. The document finds that all environmental impacts of the Project are either insignificant or can be mitigated to a less 485
PLANNING COMMISSION RESOLUTION NO. 2904
4 than significant level pursuant to the mitigation measures outlined in the Mitigated Negative Declaration. The Mitigated Negative Declaration and the corresponding Mitigation Monitoring Reporting Program can be found attached to this Resolution as “Exhibit A”. All Appendices are found on the City’s Planning website and on file with the City’s Development Services department. The Planning Commission determines that they adopt the MND.
SECTION 4. Project Approval. The Planning Commission hereby recommends adoption of a Mitigated Negative Declaration as identified in Exhibit A subject to the included Mitigation and Monitoring Program in Exhibit A, approval of PP/EA 25-0003, subject to the conditions of approval identified in Exhibit B, and TTM 39160, subject to the conditions of approval identified in Exhibit C.
SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Rosie Lua, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 6. Execution of Resolution. The Chairperson of the Planning Commission signs this Resolution, and the Secretary to the Commission shall attest and certify to the passage and adoption thereof.
ADOPTED ON November 18, 2025.
LINDSAY HOLT
CHAIRPERSON
ATTEST:
ROSIE LUA
SECRETARY
I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify that Resolution No. _____is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on November 18, 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
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PLANNING COMMISSION RESOLUTION NO. 2904
5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on November ___, 2025.
ROSIE LUA
SECRETARY
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FINAL
INITIAL STUDY/MITIGATED NEGATIVE DECLARATION
STATE CLEARINGHOUSE NO. 2025091375
Catavina Residential
Development Project
Lead Agency:
CITY OF PALM DESERT
PLANNING DIVISION
73510 Fred Waring Drive
Palm Desert, CA 92260
Contact: Carlos Flores, Deputy Director of Development Services 760-776-6478
Prepared by:
MICHAEL BAKER INTERNATIONAL
40810 County Center Drive Suite 200
Temecula, CA 92591
Contact: Alicia Gonzalez
909-974-4933
October 2025
489
This document is designed for double-sided printing to conserve natural resources. 490
Catavina Residential Development
Final Initial Study/Mitigated Negative Declaration
October 2025 i Table of Contents
TABLE OF CONTENTS
1.0 Introduction.................................................................................................................................................1-1
2.0 Response to Comments.............................................................................................................................2-1
3.0 Errata .......................................................................................................................................................3-1
4.0 Mitigation Monitoring and Reporting Program ........................................................................................4-1 491
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October 2025 1-1 Introduction
1.0 INTRODUCTION
The Catavina Residential Development Project (herein referenced as the “project”) includes the development of 546 single-family single- and two-story residences, onsite circulation, utility infrastructure, stormwater improvements, and open space areas. In the northwest portion of the project site, the project would develop 100 single-family units on 5,000-square foot lots. The northeast portion of the site would be developed with 255 six-pack clustered single-family units, on lots ranging from 1,976 to 2,288 square feet. The central portion of the project site would be developed with 88 single-family homes on 3,000-square foot lots. The southern portion of the site would be developed with 103 single- family units on 4,050-square foot lots. Approximately
15.4 acres of common open space would be distributed throughout the project site. Three retention basins totaling 2.5 acres are proposed.
The Initial Study/Mitigated Negative Declaration (IS/MND) (State Clearinghouse No. 2025091375) was made available for public review and comment pursuant to CEQA Guidelines Section 15073. The public review commenced on October 1, 2025 and concluded on October 20, 2025. The IS/MND and supporting attachments were available for review by the general public at:
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October 2025 2-1 Response to Comments
2.0 RESPONSE TO COMMENTS
During the public review period, comment letters were received on the Draft IS/MND from interested public agencies and individuals. The following is a list of commenters on the IS/MND during the public review period.
Comment
Letter No. Person, Firm, or Agency Letter Dated
1 Dave Kereazis, Associate Environmental Planner
Department of Toxic Substances Control October 3, 2025
2 Kim Freeburn, Environmental Program Manager
California Department of Fish and Wildlife Inland Deserts Region October 20, 2025 Although the CEQA Guidelines do not require a lead agency to prepare written responses to comments received (see CEQA Guidelines Section 15088), the City of Palm Desert has elected to prepare the following written responses with the intent of conducting a comprehensive and meaningful evaluation of the proposed project. The number designations in the responses are correlated to the bracketed and identified portions of each comment letter.
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dtsc.ca.gov
SENT VIA ELECTRONIC MAIL
October 3, 2025
Carlos Flores
Deputy Director of Development Services
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
[email protected]
RE: MITIGATED NEGATIVE DECLARATION FOR THE CATAVINA RESIDENTIAL DEVELOPMENT PROJECT DATED SEPTEMBER 30, 2025, STATE
CLEARINGHOUSE NUMBER 2025091375
Dear Carlos Flores,
The Department of Toxic Substances Control (DTSC) reviewed the Mitigated Negative Declaration (MND) for the Catavina Residential Development Project (Project). The proposed Project includes the development of 546 singlefamily single and twostory residences, onsite circulation, utility infrastructure, stormwater improvements, and open space areas. In the northwest portion of the Project site, the Project would develop 100 singlefamily units on lots approximately 5,000 square feet. The northeast portion of the site would be developed with 255 sixpack clustered singlefamily units, on lots ranging from 1,976 to 2,288 square feet. The central portion of the Project site would be developed with 88 singlefamily homes on 3,000 square foot lots. The southern portion of the site would be developed with 103 singlefamily units on 4,050 square foot lots.
DTSC recommends and requests consideration of the following comments:
1. Due to the treatment of the golf course and the use of pesticides and herbicides, a number of contaminants of concern (COCs) can be present. The Lead Agency shall identify the amounts of Pesticides and Organochlorine Pesticides (OCPs) historically used on the property. If present, OCPs requiring 1-11-2
497
Carlos Flores
October 3, 2025
further analysis are dichlorodiphenyltrichloroethane, toxaphene, and dieldrin.
Additionally, any level of arsenic present would require further analysis and sampling and must meet HHRA NOTE NUMBER 3, DTSCSLs approved local area baselines or thresholds. If they do not, remedial action must take place to mitigate them below those thresholds. Additional COCs may be found in mixing/loading/storage areas, drainage ditches, maintenance shops, or any other outbuildings and should be sampled and analyzed.
2. If buildings or other structures are to be demolished on any Project sites included in the proposed Project, surveys should be conducted for the presence of leadbased paints or products, mercury, asbestos containing materials, and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the abovementioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, sampling near current and/or former buildings should be conducted in accordance with DTSC’s Preliminary Endangerment Assessment (PEA) Guidance Manual.
3. All imported soil/fill material should be tested to assess any contaminants of concern meet screening levels as outlined in DTSC's PEA Guidance Manual.
Additionally, DTSC advises referencing the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if importing fill is necessary. To minimize the possibility of introducing contaminated soil/fill material there should be documentation of the origins of the soil/fill material and, if applicable, sampling be conducted to ensure that the imported soil/fill material are suitable for the intended land use. The soil sampling should include analysis based on the source of the fill and knowledge of prior land use. Additional information can be found by visiting DTSC’s Human and Ecological Risk Office (HERO) webpage.
DTSC would like to thank you for the opportunity to comment on the MND for the Catavina Residential Development Project. Thank you for your assistance in protecting California’s people and environment from the harmful effects of toxic substances. If you have any questions or would like clarification on DTSC’s comments, please respond to this letter or via our CEQA Review email for additional guidance. 1-21-3 1-4 1-5
498
Carlos Flores
October 3, 2025
Sincerely,
Dave Kereazis
Associate Environmental Planner
HWMPPermitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
cc: (via email)
Governor’s Office of Land Use and Climate Innovation
State Clearinghouse
[email protected]
Alicia Gonzalez
Project Manager
Michael Baker International / Consulting Firm
[email protected]
Kim Molina
President
Pacific Land Consultants / Project Applicant
[email protected]
Tamara Purvis
Associate Environmental Planner
HWMP Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
Scott Wiley
Associate Governmental Program Analyst
HWMP Permitting Division – CEQA Unit
Department of Toxic Substances Control
[email protected]
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Catavina Residential Development
Final Initial Study/Mitigated Negative Declaration
October 2025 2-6 Response to Comments
Response No. 1
Department of Toxic Substances Control
Dave Kereazis, Associate Environmental Planner
HWMP Permitting Division – CEQA Unit
October 3, 2025
1-1 This comment provides a general summary of the proposed project. Responses to specific comments are provided below.
1-2 The comment states that the project site may have the potential to contain contaminants of concern (COCs) such as organochlorine pesticides (OCPs) and arsenic based on the site’s former use as a golf course. If present, the commenter indicates that further analysis and sampling would be needed. As described in Draft IS/MND Section 4.9, Hazards and Hazardous Materials, and Draft IS/MND Appendix E, Phase I Environmental Site Assessment (ESA), no evidence of Recognized Environmental Conditions (RECs), including OCPs and arsenic, were identified in association with the project site. No further analysis or sampling is necessary nor required at this time.
1-3 The comment states that if any demolition is proposed to buildings or structures, surveys should be conducted for the presence of lead-based paints (LBPs) or products, mercury, asbestos containing materials (ACMs), and polychlorinated biphenyl caulk. Removal, demolition, and disposal of any of the abovementioned chemicals should be conducted in compliance with California environmental regulations and policies. In addition, the commenter states that sampling near current and former buildings should be conducted in accordance with DTSC’s Preliminary Endangerment Assessment (PEA) Guidelines Manual. The comment is acknowledged.
Mercury and polychlorinated biphenyl caulk were not identified in connection with the site as part of the Phase I ESA; refer to Draft IS/MND Section 4.9 and Draft IS/MND Appendix E. The Phase I ESA acknowledges that, based on the age of existing structures and buildings, there is potential for ACM and LBP exposure during demolition activities. As described in Section 10.0 of the Phase I ESA, prior to demolition of any of the existing buildings or structures, Federal and State regulations would require ACM and LBP surveys to be performed. For consistency with the Phase I ESA, Section 4.9 of the Draft IS/MND has been revised to acknowledge that the project would be conditioned to require ACM and LBP surveys to occur prior to demolition in accordance with Federal and State regulations. This clarification has been made to page 4-54 of the Draft IS/MND and is reflected below and in Section 3.0, Errata, of the Final IS/MND.
Construction
During project construction, there is a possibility of accidental release of hazardous substances such as petroleum-based fuels or hydraulic fluids used for construction equipment. The level of risk associated with the accidental release of hazardous substances is not considered significant due to the small volume and low concentration of 500
Catavina Residential Development
Final Initial Study/Mitigated Negative Declaration
October 2025 2-7 Response to Comments
hazardous materials utilized during construction. As required by various State laws, the construction contractor is required to use standard construction controls and safety procedures that would avoid and minimize the potential for accidental release of such substances into the environment. Standard construction practices would be observed such that any materials released are appropriately contained and remediated as required by local, State, and Federal law.
Construction activities could also result in accidental conditions involving existing on-site contamination. However, based on the Phase I ESA, no evidence of Recognized Environmental Conditions (RECs) were identified in association with the project site. The Phase I ESA acknowledges that, based on the age of existing structures and buildings, there is potential for asbestos-containing materials (ACM) and lead-based paint (LBP) exposure during demolition activities. In accordance with State and Federal law, the project would be conditioned to require ACM and LBP surveys to be performed prior to demolition activities. Therefore, this impact would be less than significant.
This change provides a minor update, correction, or clarification and does not represent “significant new information” as defined in CEQA Guidelines Section 15088.5 and would not result in any new or substantially greater significant impacts as compared to those identified in the Draft IS/MND.
1-4 The comment states that any import of soil/fill should be tested to assess any contaminants of concern in order to meet the Department of Toxic Substances Control (DTSC) Preliminary Endangerment Assessment (PEA) Guidance Manual and to reference the DTSC Information Advisory Clean Imported Fill Material Fact Sheet if soils import is required. The comment is acknowledged. Although not included as a recommendation in the Phase I ESA (Draft IS/MND Appendix E), Section 5.4.5 of the Geotechnical Investigation (Draft IS/MND Appendix D) recommends testing imported soils in regard to expansion and sulfate potential. As described in Draft IS/MND Section 4.7, Geology and Soils, the City would condition the project to demonstrate compliance with the site-specific design recommendations identified in the Geotechnical Investigation, including those related to soil/fill import and their potential for contaminants of concern. No changes to the Draft IS/MND are necessary nor required in this regard. 1-5 The comment acknowledges the City’s Deputy of Director Services for providing the opportunity to comment on the IS/MND and offers availability to respond to any questions and/or clarification regarding DTSC’s comments. The comment is noted. Since this comment does not identify a specific concern with the adequacy of the Draft IS/MND or raise an issue or comment specifically related to the Draft IS/MND’s environmental analysis under CEQA, no further response is warranted. (CEQA Guidelines Section 15088(a) requires that a lead agency only evaluate and respond to comments raised on environmental issues.).
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State of California - Natural Resources Agency
DEPARTMENT OF FISH AND WILDLIFE
Inland Deserts Region
3602 Inland Empire Boulevard, Suite C-220
Ontario, CA 91764
www.wildlife.ca.gov
October 20, 2025
Sent via email
Carlos Flores
Deputy Director of Development Services
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
[email protected]
Catavina Residential Development Project (PROJECT)
Mitigated Negative Declaration (MND)
SCH# 2025091375
Dear Carlos Flores:
GAVIN NEWSOM. Governor
CHARLTON H. BONHAM, Director
The California Department of Fish and Wildlife (CDFW) received a Draft Mitigated Negative Declaration (MND) from the City of Palm Desert (City) for the Project pursuant to the California Environmental Quality Act (CEQA) and CEQA Guidelines.' Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife.
Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority unde·r the Fish and Game Code.
CDFW ROLE
CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State. (Fish & G. Code,§§ 711 .7, subd. (a) & 1802; Pub Resources Code, § 21070; CEQA Guidelines§ 15386, subd. (a).) CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. (Id., § 1802.) Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on Projects and related activities that have the potential to adversely affect fish and wildlife resources. 1CEQA is codified in the California Public Resources Code in section 21000 et seq. The "CEQA Guidelines" are found in Title 14 of the California Code of Regulations, commencing with section 15000.
Conserving Ca{ifornia 's WiU{ife Since 1870
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Carlos Flores, Deputy Director of Development Services
City of Palm Desert
October 20, 2025
CDFW is also submitting comments as a Responsible Agency under CEQA. (Pub.
Resources Code, § 21069; CEQA Guidelines, § 15381 .) CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code. As proposed, for example, the Project may be subject to CDFW's lake and streambed alteration regulatory authority. (Fish & G. Code, § 1600 et seq.) Likewise, to the extent implementation of the Project as proposed may result in "take" as defined by State law of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code,§ 2050 et seq.), the Project proponent may seek related take authorization as provided by the Fish and Game Code.
PROJECT DESCRIPTION SUMMARY
Proponent: City of Palm Desert
Objective: The Project proposes the development of 546 single-family single- and twostory residences, onsite circulation, utility infrastructure, stormwater improvements, and open space areas. Approximately 15.4 acres of common open space would be distributed throughout the Project site. Three retention basins totaling 2.5 acres are proposed. The use of artificial nighttime lighting during construction is not anticipated.
The Project proposes new sources of artificial nighttime lighting for long-term operations. The Project proposes the use of non-native drought-tolerant plants for landscaping.
Location: The Project site is located south of Frank Sinatra Drive and west of Portola Avenue in the City of Palm Desert in Riverside County, California. The Project is located within Assessor's Parcel Number 620-170-009. The Project is located within the boundaries of the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and outside of a Conservation Area.
Timeframe: The Project anticipates that construction of the Project will begin in December 2026 and consist of five phases: Phase I - backbone; Phases 2 and 3 - southern half; and Phases 4 and 5 - northern half. The project is expected to begin operating in 2027 and to complete construction in December 2030.
COMMENTS AND RECOMMENDATIONS
CDFW has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (i.e., biological resources). CDFW offers the comments and recommendations below to assist the City in adequately identifying and/or mitigating the Project's significant, or potentially significant, direct and indirect impacts on fish and wildlife (biological) resources. The MND has not adequately identified and disclosed the Project's impacts (i.e., direct, indirect, and cumulative) on biological resources and whether those impacts are reduced to less than significant. 2-2
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Carlos Flores, Deputy Director of Development Services
City of Palm Desert
October 20, 2025
CDFW's comments and recommendations on the MND are explained in greater detail below and summarized here. CDFW is concerned that the MND does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW also concludes that the MND lacks sufficient information to facilitate a meaningful review by CDFW, including a complete and accurate assessment of biological resources on the Project site. CDFW requests that additional information and analyses be added to a revised MND, along with avoidance, minimization, and mitigation measures that avoid or reduce impacts to less than significant.
Existing Environmental Setting
Compliance with CEQA is predicated on a complete and accurate description of the environmental setting that may be affected by the proposed Project. CDFW is concerned that the assessment of the existing environmental setting has not been adequately analyzed in the MND. CDFW is concerned that without a complete and accurate description of the existing environmental setting, the MND may provide an incomplete analysis of Project-related environmental impacts.
The MND lacks a complete assessment of b,iological resources associated with burrowing owls within the Project site and surrounding area. A complete and accurate assessment of the environmental setting and Project-related impacts to biological resources is needed to both identify appropriate avoidance, minimization, and mitigation measures and demonstrate that these measures reduce Project impacts to less than significant.
Mitigation Measures
CEQA requires that a MND include mitigation measures to avoid or reduce significant impacts. CDFW is concerned that the mitigation measures proposed in the MND are not adequate to avoid or reduce impacts to biological resources to below a level of significance. To support the City in ensuring that Project impacts to biological resources are reduced to less than significant, CDFW recommends adding mitigation measures for avoidance of bats during tree removal and artificial nighttime lighting, as well as revising the mitigation measures for nesting birds, burrowing owl, and bats. 1) Nesting Birds
It is the Project proponent's responsibility to comply with all applicable laws related to nesting birds and birds of prey. Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code 2-4
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Carlos Flores, Deputy Director of Development Services
City of Palm Desert
October 20, 2025
or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).
With regard to the CVMSHCP, per its associated Implementing Agreement (IA) and Permits from CDFW and the U.S. Fish and Wildlife Service (the Wildlife Agencies), Take associated with Covered Activities will not be in violation of the Migratory Bird Treaty Act and will be consistent with Fish and Game Code sections 3503 and 3503.5; therefore, all Covered Activities within and outside Conservation Areas must undertake measures to avoid the take of individuals, nests, and eggs of nesting birds. The CVMSHCP includes a general conservation measure that applies to all bird species to avoid impacts to habitat for nesting birds during the nesting season (CVMSHCP Section
9.7). Per IA Section 13.8, City is obligated to comply with all terms and requirements of the CVMSHCP, the Wildlife Agencies' Permits that create the CVMSHCP, and the IA, including compliance with laws that protect nesting birds.
dated August 21, 2025, indicates that "vegetation within and adjacent to the Project site provides suitable nesting opportunities for a variety of bird species." CDFW notes that the Project site and surrounding areas contain suitable habitat for both ground-nesting birds and birds that nest in shrubs and trees.
The MND includes Mitigation Measure BIO-1 for nesting birds, which indicates "within three days prior to ground-disturbing activities associated with project implementation that would occur during the nesting/breeding season of native bird species potentially nesting on the site (typically February 1 through August 31 in the project region, or as determined by a qualified biologist), a nesting bird survey will be conducted." CDFW considers the mitigation measure for nesting birds in the MND to be inadequate in scope and timing to avoid or reduce impacts to nesting birds to a level less than significant. In alignment with the CVMSHCP's general conservation measure for nesting birds (CVMSHCP Section 9.7), CDFW reconnmends Project construction activities are conducted outside of the peak nesting bird season. CDFW also recommends the completion of nesting bird surveys regardless of the time of year to ensure that impacts to nesting birds and their nests and eggs are avoided. The timing of the nesting season varies greatly depending on several factors, such as bird species, weather conditions in any given year, and long-term climate changes (e.g., drought, warming, etc.). In response to warming, birds have been reported to breed earlier, thereby reducing temperatures that nests are exposed to during breeding and tracking shifts in availability 2-8
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Carlos Flores, Deputy Director of !Development Services City of Palm Desert
Ootober 20! 2025
Pages
of resources (Socolar et al., 20172
). CDFW staff have observed hat climate change
conditions :may result in the nesting bird season occurring earlier and later in the year than historical nesting season dates. CDFW recommends that disturbance of occupied nests of migratory birds and ra ptors within the P mj ect site and surrounding area be avoided any time birds are nesting on-site. CDFW therefore recommends the completion of nesting1
bird surveys regardless of the time of year to ensure compliance with alll applicable laws pertaining1
to nesting and migratory birds.
To support the City in avoiding or reducing impacts to nes ing birds to a leve less than significant, CDFW recommends Mitigation Measure BI0-1 is revised as foUows, with additions in bold and removals in str�fu- :01::1-§t-l:
Mitigation Measure BtO-1: Nesting Birds
To the greatest extent feasible, the Prolect wiU avoid construction activities during the peak nesting season {Jlanuary 15 through September 15). Regardless , of the liime of year, nesting bird surveys shall be performed by a -quaJifjed avi: an biologist no more than 3 days prior to vegetation removal or ground-clistur i bing activities. Pre-construction surveys shall focus on both direct and indirect evidence of nesting, including nest locations and nest.ing behavior. The qualified avian biologist will make every effort to avoid p,otential :
nest predation as a result
of survey and monitoring efforts. If actiive nests are found during the preconstruction nesting bird surveys, a qualified biologist shall establish an appropriate nest buffer to be marked on the ground. Nest buffers are species, specific and shall be at least 300 feet for passermes and 50·0' feet for raptors. A smaller or larger buffer may be determined by the qualified biologist familiar with the nesting phenology of the nesting species and based •on nest and buffer monitoring results. Construction activities may not occur inside th-e ,established buffers, which shall remain on-site until a qualiified biologist determines "the young have fledged or the nest is no i1onger active .. Active nests and adeq:uacy -of the established buffer distance shall be monitored daUy by the qualified biologist until the qualified biolo. gist has determined the young have fledged or the Project has been completed. The qualified biologiist has the auth·ority to stop w-or:k if m&rur'9iR
nesting pairs exhibit signs of disturbance. l.(!JiUi1iA tl1i:ee days J3Fi0F ts §FSl:IRG §,--aetivit+es-assesiatodwiU:i pmje�mplemeAtatieR that wo�le esswr duf.ing tho AestiAg/BreesiRg-seasen ef native hi� Sf:!esles peteAUaHy nes-tJRg-en the si�ttYpisally February 1 through ,Aiugust 31 in the project region, or as determined by a qualmed biologist)! a nesting bird survey ••■
,m be eonduoted by a qualified biologist to determine if astive nests protected by the Migratory Bird Treaty ,l\st arid/or the California F:ish a Ad 2 Sooolar JB Epanchin PN, Beissinger SR an-d Tingley MW (2017). Phenological shifts conserve thermal n1chies.
Proceedings of t!he National Academy of Stien ces 114( 49): 1.2:976-12981. 2-8
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Carlos Flores, Deputy Director of Development Services
City of Palm Desert
October 20, 2025
Game Gode are present and sould be potentially directly or indirectly impacted by the proposed project. If active nests are found, slearing and sonstruslion within 100 feet of tho nost (JOO foot for raptors) shall bo postponed or halted at tho discretion of tho biologist, or until the biologist has confirmed the nest is vacated and juveniles have fledged.
Pursuant to the CEQA Guidelines, section 15097(f), CDFW has prepared a draft mitigation monitoring and reporting program (MMRP) in Attachment 1 for revised MM 8 10-1, MM 810-2, and MM 810-3, as well as CDFW-recommended MM 8IO-[A] and MM 810-[8].
2) Burrowing Owl
On October 10, 2024, the Fish and Game Commission determined that western burrowing owl warrants protection as a candidate species under the California Endangered Species Act (Fish & G. Code, § 2050 et seq.). During the candidacy period, western burrowing owl will be afforded the same protection as threatened and endangered species under CESA. If Project activities, including relocation, could result in take, appropriate CESA authorization (i.e., Incidental Take Permit under Fish and Game Code section 2081) should be obtained prior to commencement of Project activities.
Take of individual burrowing owls and their nests or eggs is defined by Fish and Game Code section 86, and prohibited by sections 3503, 3503.5, and 3513. Take is defined in Fish and Game Code section 86 as "hunt, pursue, catch, capture or kill, or attempt to hunt, pursue, catch, capture or kill." Fish and Game Code sections 3503, 3503.5, and 3513 afford protective measures as follows: section 3503 states that it is unlawful to take, possess, or needlessly destroy the nest or eggs of any bird, except as otherwise provided by Fish and Game Code or any regulation made pursuant thereto. Fish and Game Code section 3503.5 makes it unlawful to take, possess, or destroy any birds in the orders Falconiformes or Strigiformes (birds-of-prey) or to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by Fish and Game Code or any regulation adopted pursuant thereto. Fish and Game Code section 3513 makes it unlawful to take or possess any migratory nongame bird except as provided by rules and regulations adopted by the Secretary of the Interior under provisions of the Migratory Bird Treaty Act of 1918, as amended (16 U.S.C. § 703 et seq.).
With regard to the CVMSHCP, the CDFW Natural Community Conservation Plan (NCCP) Permit #2835-2008-001-06 does not provide Take Authorization for burrowing owl individuals, nests, or eggs. To the contrary, section 3.5.6 of the NCCP Permit states burrowing owl "pairs or individuals will not be Taken" and reiterates that the "HCP/NCCP does not authorize Take of [burrowing owl] nests [or] eggs[.]" Therefore, throughout the CVMSHCP area-both within and without Conservation AreasPermittees must ensure that activities occurring within their jurisdictions do not result in the take, possession, or destruction of burrowing owl individuals, nests, or eggs. Any 2-8
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Carlos Flores, Deputy Director of Development Services
City of Palm Desert
October 20, 2025
activity occurring within the CVMSHCP area that results in the take of burrowing owl individuals, nests, or eggs would be unlawful and would not be a Covered Activity under the CVMSHCP. Per IA Section 13.8, City is obligated to comply with all terms and requirements of the CVMSHCP, the Wildlife Agencies' Permits that create the CVMSHCP, and the IA, including compliance with laws that protect burrowing owls.
developed, the Project site could be used by burrowing owl. Although there were no suitable burrow structures observed that could support this species, due to the presence of suitable foraging habitat and potential for burrowing owls to occupy the project site between the time the habitat assessment was conducted and project implementation, impacts to burrowing owl are considered potentially significant." The MND and its supporting documents lack information on if focused surveys for burrowing owl were conducted and the methods used to conduct any surveys for burrowing owl. The MND and its supporting documents also do not indicate if the adjacent, vacant property to the east was surveyed for burrowing owl. Because the MND lacks the findings of recent focused surveys for burrowing owl following the guidelines in the Staff Report on Burrowing Owl Mitigation,3 the number and locations of suitable and occupied burrows within the Project site and surrounding areas are unknown. Given the lack of results from focused surveys for burrowing owl following recommended protocols and the lack of survey reports, CDFW is limited in its ability to provide biological expertise to support the City in reducing impacts to burrowing owl to a level less than significant. CDFW recommends that the MND is revised to include the results of four focused surveys for burrowing owl within the entire Project site and surrounding area, including survey reports,4 following the guidelines outlined in Appendix D of the Staff Report on Burrowing Owl Mitigation and to incorporate appropriate avoidance, minimization, and mitigation measures for burrowing owl. Focused surveys are needed to inform appropriate avoidance, minimization, and mitigation measures and support the City in avoiding or reducing impacts to burrowing owl to a level less than significant. 3 California Department of Fish and Game (CDFG). 2012. Staff report on burrowing owl mitigation. State of California, Natural Resources Agency. Available for download at:
https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=83843&inline 4 Survey reports should include details on survey methods and results, including, but not limited to, the names and qualifications of surveyor(s); a description of survey methods; a description of the conditions of the project site and recent photos; map(s) showing the locations of all suitable burrows, occupied burrows, burrowing owls, and burrowing owl sign; descriptions of burrowing owl behavior observed; California Natural Diversity Database (CNDDB) field survey forms, etc. For more information, see Appendix D, Survey Reports, of the CDFW 2012 Staff Report on Burrowing Owl Mitigation. 2-9
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City of Palm Desert
October 20, 2025
CDFW notes that burrowing owls frequently move into disturbed areas prior to and during construction activities since they are adapted to highly modified habitats.5• 6 CDFW also notes that there is also the potential for new burrows to be created by small mammals in between the time of surveys and the start of construction activities, and any new burrows or burrow surrogates have the potential to be occupied by burrowing owl.
CDFW considers the Project site and vacant areas to the east to contain suitable nesting and foraging habitat for burrowing owls.
The MND includes Mitigation Measures B1O-3 for burrowing owl; however, CDFW considers the measure to be inadequate in scope and timing to avoid or reduce impacts to burrowing owl to a level less than significant. For example, this mitigation measure contains limited information on how and when focused surveys are to be conducted, and appropriate surveys for burrowing owl are needed to ensure they are detected if present. CDFW also requests that if burrowing owls are detected during focused surveys, survey results are submitted to CDFW and the U.S. Fish and Wildlife Service (USFWS) and the City initiate consultation with CDFW and USFWS to identify a path forward regarding the protection of burrowing owls. Both CDFW and USFWS are permitting agencies that provide take authorization under the CVMSHCP, and therefore, both agencies need to be consulted. To support the City in avoiding or reducing impacts to burrowing owl to a level less than significant, CDFW recommends that Mitigation Measure B1O-3 is revised with the following additions in bold and removals in striketi=lro1,1gh:
Mitigation Measure BIO-3: Burrowing Owl Focused and Pre-Construction Surveys Suitable burrowing owl habitat has been confirmed on the site; therefore, focused burrowing owl surveys shall be conducted by a CDFW-approved qualified biologist in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version)7 prior to any Project activities, including vegetation- or ground-disturbing activities. If burrowing owls are detected during the focused surveys, the qualified biologist and Project proponent shall begin coordination with CDFW and USFWS immediately, and shall submit the results of focused surveys to CDFW and USFWS as soon results become available and before commencement of any Project activities, including any vegetation- or grounddisturbing activities. The information included in the survey results should be 5 Chipman, E. D., N. E. McIntyre, R. E. Strauss, M. C. Wallace, J. D. Ray, and C. W. Boal. 2008. Effects of human land use on western burrowing owl foraging and activity budgets. Journal of Rapier Research 42(2): 87-98. 6 Coulombe, H. N. 1971. Behavior and population ecology of the Burrowing Owl, Speotyto cunicularia, in the Imperial Valley of California. Condor 73:162-176. 7 California Department of Fish and Wildlife (CDFW). 2012. Staff Report on Burrowing Owl Mitigation.
State of California, Natural Resources Agency. Available for download at:
https://nrm.dfg.ca.gov/FileHandler.ashx?Documentl0,=83843. 2-9
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City of Palm Desert
October 20, 2025
consistent with Appendix D of the Staff Report on Burrowing Owl Mitigation, including a detailed map showing locations of all burrowing owls, burrowing owl sign, potential burrows, and occupied burrows (occupied means at least one burrowing owl or its sign has been observed within the last three years; may be indicated by owl sign including feathers, pellets, prey remains, eggshell fragments, or excrement at or near a burrow entrance or perch site); a description of the behavior of burrowing owls during surveys; a description of survey methods; and other items listed in Appendix D of the Staff Report on Burrowing Owl Mitigation under "Survey Reports." Consultation with CDFW and USFWS must be completed prior to commencement of any Project activities, including vegetation- or ground-disturbing activities. If impacts to occupied burrowing owl habitat or burrow(s) or burrowing owl individuals, nests, or eggs cannot be avoided, appropriate NCCP (Fish and Game Code section 2835) or CESA authorization (i.e., Incidental Take Permit under Fish and Game Code section 2081 (bl) should be obtained from CDFW prior to commencement of Project activities, including vegetation- or ground-disturbing activities.
Preconstruction burrowing owl surveys shall be conducted no less than 14 days prior to the start of Project-related activities and within 24 hours prior to ground disturbance, in accordance with the Staff Report on Burrowing Owl Mitigation (2012 or most recent version). Preconstruction surveys should be repeated when there is a pause in construction of more than 30 days. Preconstruction surveys shall be performed by a CDFW-approved qualified biologist following the recommendations and guidelines provided in the Staff Report on Burrowing Owl Mitigation. If the preconstruction surveys confirm occupied burrowing owl habitat, Project activities shall be immediately halted and the qualified biologist shall coordinate with CDFW and USFWS. Project activities shall not recommence until consultation with CDFW and USFWS is completed. Within ao days prior to any §fE}l:!Atklist~iR!ij-aGt+vffiOS;-a-9\:lffeWi~wl-pre GOA Stfl:IGtion S\:I rvoy-sl:!311 se GO AG\:IGteEI ey a q1:1alified eiologist to determine the presence.laesence of e1:1rrowing owls on the project site and within a 500 fool 01:1ffer. Walking transects will ee spaced no greater than 30 meters apart lo ensure 100 percent visual CO\<erage of the survey area. The location of all eurro1,Ying owls or eurrows with eurrowing owl sign shall 00 recorded and mapped. A written report documenting the st:1rvey shall ee prepared fellowing the survey. If eurrowing owl indi•Jiduals or eurrowing owl sign aro detested during the pre construction survey, then CDFW shall ee no·tified lo dissuss appropriate avoidance measures. If avoidanse is not feasi0le, a eurrowing Owl Mitigation and Monitoring Plan (eOMMP) shall 00 de\<eloped lo ensure there are no direct impasts on eurrowing owl.
The eoMMP shall !:le appro¥ed ey GDF\/\/ prior to project implementation. 3) Bats
(Lasiurus xanthinus; CVMSHCP Covered Species) has a moderate potential to occur within the Project site, and page 10 indicates "the unmaintained palm trees around the 2-9
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Carlos Flores, Deputy Director of Development Services
City of Palm Desert
October 20, 2025
perimeter of the Project site have the potential to support maternity colonies of foliar roosting bats within the palm skirts (i.e., dead hanging fronds). The removal or trimming of trees supporting maternity roosts within the maternity season (March 1 through September 30) is a potentially significant impact. Tree removal and trimming may occur outside of the bat maternity season (October 1 through February 28)." CDFW concurs that the Project site contains suitable roosting habitat for western yellow bat in the untrimmed frond skirts of native and/or non-native fan palms (Washingtonia sp.).
The MND includes Mitigation Measure BIO-2 for bats, which indicates "to the greatest extent practicable, tree trimming and removal activities shall be performed outside of the bat maternity season, i.e., October 1 through February 28, to avoid direct impacts to nonvolant (flightless) young bats that may roost in trees. If tree removal and trimming occur during the maternity season, which is March 1 through September 30, a preconstruction bat survey shall be conducted by a qualified biologist within seven days prior to these activities. Each potentially suitable tree shall be closely inspected by a qualified biologist to determine the presence· of maternity roosts. If bats are not detected, the tree(s) may be removed in the presence of a qualified biological monitor. If bats are detected, the occupied tree(s) shall be left in place and an appropriate buffer (as determined by the qualified biologist) shall be placed around the tree until the end of the maternity season or until otherwise directed by the qualified biologist." CDFW notes that some individuals or populations of western yellow bat may be migratory, although some individuals appear to be present year-iround, even in the northernmost portion of the range including southern California.8 CDFW considers Mitigation Measure BIO-2 to be inadequate in scope and timing to avoid or reduce impacts to western yellow bat to a level less than significant. For example, the measure lacks bat survey protocols that are appropriate to detect presence of bats and tlhe methods of removing palm trees in ways that minimize the risk of harm to bats.
To support the City in avoiding or reducing impacts to wester yellow bat to a level less than significant, CDFW recommends that Mitigation Measure BIO-2 is revised with the following additions in bold and removals in stFikethFough:
Mitigation Measure 810-(2]: Surveys for Daytime, Nighttime, Wintering (Hibernacula), and Maternity Roosting Sites for Bats
Prior to commencing Project activities, a CDFW-approved qualified bat biologist shall perform bat habitat/roosting surveys to determine presence of daytime, nighttime, wintering (hibernacula), and maternity roost sites. Surveys shall be 8 Bolster, B.C., Bolster, B.C., (ed.). 1998. Terrestrial Mammal Species of Special Concern in California.
Draft Final Report. May. Sacramento, CA. Prepared by Paul W. Collins. Prepared for California Department of Fish and Game, Nongame Bird and Mammal Conservation Program, Sacramento, CA. 2-10
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conducted during favorable weather conditions only. Each survey shall consist of one dusk emergence survey (start one hour before sunset and last for three hours), followed by one pre-dawn re-entry survey (start one hour before sunrise and last for two hours), and one daytime visual inspection of all potential roosting habitat on the Project site. Surveys shall be conducted within one 24-hour period.
Visual inspections shall focus on the identification of bat sign (i.e., individuals, guano, urine staining, corpses, feeding remains, scratch marks and bats squeaking and chattering). Bat detectors, bat call analysis, and visual observation shall be used during all dusk emergence and pre-dawn re-entry surveys. If active maternity roosts are identified in the work area or 500 feet extending from the work area, Project construction will only occur between October 1 and February 28, outside of the maternity roosting season when young bats are present but are not yet ready to fly out of the roost. Maternity roosts shall not be evicted, excluded, removed, or disturbed. If active hibernacula are identified in the work area or 500 feet extending from the work area, a minimum 500-foot no-work buffer shall be provided around hibernacula. Buffers shall be left in place until the end of Project construction and activities or until a qualified bat biologist determines that the hibernacula are no longer active. Project-related construction and activities shall not occur between 30 minutes before sunset and 30 minutes after sunrise. Hibernacula roosts shall not be evicted, excluded, removed, or disturbed.
Also, removal of palm trees that contain roosting habitat for bats can subject bats to impacts ranging from permanent loss of day roosts, including maternity roosts, to direct mortality if avoidance, minimization, and mitigation measures are not implemented. To support the City in avoiding or reducing impacts to western yellow bats to less than significant, CDFW also recommends that the following mitigation measure is added to a revised MND:
Mitigation Measure BIO-(A]: Avoidance of Bats during Tree Removal Tree removal work with the potential to house roosting bats shall be performed between September 15 and October 31 to minimize direct impacts to roosting bats. This time period is after young are volant (flying) but before expected onset of torpor (wintering inactivity). Tree remo,val work may also be conducted between February 15 and March 31, following winter torpor and prior to the start of the maternity season. No tree removals shall occur during the hibernation season, which typically begins in November or December (depending on weather conditions) and continues through mid-F,ebruary, due to the high potential for mortality of hibernating bats. Depending on weather conditions and the best professional judgement of a qualified bat biologist approved by CDFW, tree removal work may be performed in November if the forecasted nighttime low temperatures on the evening of removal and the subsequent four evenings do not drop below 45'F. In November, if weather is cold (i.e., forecasted nighttime low temperatures reach 45' F or less for that evening and the next four evenings), then 2-10
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no tree removals shall be performed. All palm removals shall require a two-step removal process and the involvement of a CDFW-approved qualified bat biologist to ensure that no roosting bats are killed during this activity. The following twostep tree removal process shall be implemented over two consecutive days: on Day 1, live palm fronds located above the frond skirt, and as identified by a qualified bat biologist, will be removed. On Day 2, the remainder of the tree may be removed without supervision by a qualified bat biologist. 4) Artificial Nighttime Lighting
increase lighting at the project site compared to existing conditions. However, the lighting would be similar to the existing surrounding community. Further. the project would be required to comply with the exterior lighting requirements included in Municipal Code Chapter 24.16, Outdoor Lighting Requirements, which contains requirements to minimize the offsite illumination onto adjoining properties. Further, the project would comply with General Plan Policy 2.5, which requires the limitation of light pollution from outdoor sources." The MND lacks an analysis of direct, indirect, and cumulative impacts of artificial nighttime lighting, including impacts associated with long-term operations, on biological resources including migratory birds that fly at night, burrowing owls, bats, and other nocturnal and crepuscular wildlife. The Project site is located adjacent to vacant, vegetated areas to the east-areas that provide suitable nesting, roosting, foraging, and refugia habitat for birds, migratory birds that fly at night, burrowing owls, bats, and other nocturnal and crepuscular wildlife. The Project's proposed artificial nighttime lighting has the potential to significantly and adversely affect wildlife in these vacant areas adjacent to the Project site. Artificial lighting alters ecological processes including, but not limited to, the temporal niches of species; the repair and recovery of physiological function; the measurement of time through interference with the detection of circadian and lunar and seasonal cycles; the detection of resources and natural enemies; and navigation.9 Many species use photoperiod cues for communication (e.g., bird song10), determining when to begin foraging,
11 behavioral thermoregulation,12 and migration.13 Phototaxis, a phenomenon that results in attraction and movement towards light, can disorient, entrap, and temporarily blind wildlife species that experience it.10 9 Gatson, K. J., Bennie, J., Davies, T., Hopkins, J. 2013. The ecological impacts of nighttime light pollution: a mechanistic appraisal. Biological Reviews, 88.4: 9 12-927. 10 Miller, M. W. 2006. Apparent effects of light pollution on singing behavior of American robins. The Condor 108:130- 139.
" Stone, E. L .. G. Jones, and S. Harris. 2009. Street lighting disturbs commuting bats. Current Biology 19:11 23- 1127. 12 Beiswenger, R. E. 1977. Diet patterns of aggregative behavior in tadpoles of Bufo americanus, in relation to light and temperature. Ecology 58:98- 108. 13 Longcore, T., and C. Rich. 2004. Ecological light pollution - Review. Frontiers in Ecology and the Environment 2:191- 198.
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City of Palm Desert
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CDFW recommends that the MND is revised to include an analysis of the direct, indirect, and cumulative impacts of artificial nighttime lighting associated with the Project's long-term operations on biological resources, and appropriate avoidance, minimization, and mitigation measures that will reduce impacts to less than significant.
To support the Project in avoiding, minimizing, and mitigating for the Project's direct and indirect impacts of artificial nighttime lighting on biological resources, CDFW recommends that the City include in a revised MND the following mitigation measure:
Mitigation Measure 81O-(B]: Artificial Nighttime Lighting Throughout construction and the lifetime· operations of the Project, the City and Project proponent shall eliminate all nonessential lighting throughout the Project area and avoid or limit the use of artificial light at night during the hours of dawn and dusk when many wildlife species are most active. The City and Project proponent shall ensure that all lighting for the Project is fully shielded, cast downward and directed away from surrounding open-space and agricultural areas, reduced in intensity to the greatest extent possible, and does not result in lighting trespass including glare into surrounding areas or upward into the night sky (see the International Dark-Sky Association standards at http://darksky.org/).
The City and Project proponent shall ensure use of LED lighting with a correlated color temperature of 3,000 Kelvins or less, proper disposal of hazardous waste, and recycling of lighting that contains toxic compounds with a qualified recycler. 5) Landscaping
installed throughout the site." The MND lacks additional information on landscaping plans. CDFW recommends that the MND include recommendations regarding landscaping from Section 4.0 of the CVMSHCP "Table 4-1 12: Coachella Valley Native Plants Recommended for Landscaping" (pp. 4-180 to 4-182; https://cvmshcp.orq/plandocuments/). CDFW also recommends incorporation of water-wise concepts in any Project landscape design plans. In particular, CDFW recommends xeriscaping with locally native California species and installing water-efficient and targeted irrigation systems (such as drip irrigation). Native plants support butterflies, birds, reptiles, amphibians, small mammals, bees, and other pollinators that evolved with those plants.
More information on native plants suitable for the Project location and nearby nurseries is available at Calscape: https://calscape.org/. Local water agencies/cities and resource conservation cities in your area may be able to provide information on plant nurseries that carry locally native species, and some facilities display drought-tolerant locally native species demonstration gardens. Information on drought-tolerant landscaping and water-efficient irrigation systems is available on California's Save our Water website:
https://saveourwater.com/.
ENVIRONMENTAL DATA
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CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. (Pub. Resources Code, § 21003, subd. (e).) Accordingly, please report any special-status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be filled out and submitted online at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. The types of information reported to CNDDB can be found at the following link:
https://www.wildlife.ca.gov/Data/CNDDB/Plants-and-Animals.
ENVIRONMENTAL DOCUMENT FILING FEES
The Project, as proposed, would have an impact on fish and/or wildlife, and assessment of environmental document filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the Lead Agency and serve to help defray the cost of environmental review by CDFW. Payment of the environmental document filing fee is required in order for the underlying Project approval to be operative, vested, and final. (Cal. Code Regs, tit. 14, § 753.5; Fish & G. Code, § 711.4; Pub. Resources Code, § 21089.)
CONCLUSION
CDFW appreciates the opportunity to comment on the MND to assist City in identifying and mitigating Project impacts to biological resources. CDFW concludes that the MND does not adequately identify or mitigate the Project's significant, or potentially significant, impacts to biological resources. CDFW recommends that revised and additional mitigation measures and analysis as described in this letter be added to a revised MND.
CDFW personnel are available for consultation regarding biological resources and strategies to avoid and minimize impacts. Questions regarding this letter or further coordination should be directed to Jacob Skaggs, Senior Environmental Scientist Specialist, at [email protected].
Sincerely,
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Kim Freeburn
Environmental Program Manager
Attachment 1: MMRP for CDFW-Proposed Mitigation Measures ec:
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Carlos Flores, Deputy Director of Development Services
City of Palm Desert
October 20, 2025