Palm Springs City Council
January 13, 2022

to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and

H. To protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code Section 36937, subdivision (b).

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

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

SECTION 2. Under California Government Code sections 65852.21 , subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”).

Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

In addition to being statutorily exempt from CEQA, the proposed ordinance is also categorically exempt from CEQA under the Class 15 exemption set forth in State CEQA Guidelines section 15315. The Class 15 exemption categorically exempts from CEQA, among other things, the division of property in urbanized areas zoned for residential use into four or fewer parcels. Here, the ordinance is categorically exempt under Class 15 exemption because the ordinance regulates a single urban lot split of one parcel into two separate lots between 60 percent and 40 percent of the original lot area in a residential zone. Further, the proposed ordinance is also categorically exempt from CEQA under the Class 3 exemption set forth in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts from CEQA, among other things, the construction and location of new, small structures and the conversion of existing small structures from one use to another. Section 15303 specifically lists the construction of a second dwelling unit in a residential zone and a duplex or similar multi -family residential structure totaling no more than four dwelling units as examples of activity that expressly falls within this exemption. Here, the ordinance is categorically exempt under the Class 3 exemption because the ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit, in a residential zone. Moreover, the City Council finds that none of the “exceptions” to the use of the Class 3 exemption, set forth in State CEQA Guidelines section 15300.2, apply here. Specifically, the City Council finds that the ordinance will:

Item 3A - 7
Ordinance No. _____

(1) Not result in a potentially significant cumulative impact as the development allowable under this ordinance will only be established in developed areas where environmental analysis and assessment has occurred, and the scope of allowable development will not result in impacts that significantly exceed that of the existing development;

(2) Not r esult in a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances as the development allowable under this ordinance will only be permitted in developed areas and poses no impacts that differ from existing development;

(3) Not result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway as the development allowable under this ordinance is not permitted in areas with scenic area overlay protections as identified in the General Plan and Zoning Code;

(4) Not be located on a hazardous waste site included on any list compiled pursuant to § 65962.5 of the Government Code as no areas eligible for the development allowable under this ordinance are located on a listed hazardous waste site; or

(5) Not result in a substantial adverse change in the significance of a historical resource as alterations to historic resources are governed by the procedures listed in Chapter 8.05 of the Palm Springs Municipal Code and are subject to review and approval by the Historic P reservation Officer and/or the Historic Site Preservation Board.

Each of the foregoing exemptions is asserted in the alternative and each is independently sufficient to fully exempt the whole of the project.

SECTION 3
. Chapter 9.62 of the Palm Springs Municipal Code is hereby amended to include Section 9.62.055, “Urban Lot Splits,” as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 4. Chapter 93.00 of the Palm Springs Zoning Code is hereby amended to include Section 93.23.21, “Two-Unit Projects,” as provided in Exhibit “B,” attached hereto and incorporated herein by reference.

SECTION 5. This ordinance takes effect immediately upon its adoption.

SECTION 6. The City Clerk shall have a summary of this Ordinance published in a newspaper of general circulation within fifteen (15) days after its Item 3A - 8
Ordinance No. _____

adoption.

SECTION 7. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 8
. The City Council hereby directs staff to prepare, execute, and file with the County of Riverside Clerk a notice of exemption within five (5) working days of the adoption of this Ordinance.

SECTION 9. The Custodian of Records for this Ordinance is the City Clerk and the records compromising the administrative record for this Ordinance are located at 3200 E. Tahquitz Canyon Way, Palm Springs, California.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 13
TH DAY OF JANUARY, 2022.

LISA MIDDLETON
MAYOR

ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK

Item 3A - 9
Ordinance No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on __________ and adopted at a regular meeting of the City Council held on __________ 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 Springs, California, this ______ day of ______________, _________.

ANTHONY J. MEJIA, MMC

CITY CLERK

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URGENCY ORDINANCE NO. _____

EXHIBIT “A”

Section 9.62.055 Urban Lot Splits

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law .

The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. A n application for a parcel map for an urban lot split is approved or denied ministerially, by the Director, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easement s. The tentative parcel map expires three months after approval.

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3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. M ap Act Compliance.

(a) The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov. Code § 66410 et. seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.

(b) If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:

(1) T he buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.

(2) The city has all the remedies available to it under the SMA, including but not limited to the following:

(i) A n action to enjoin any attempt to sell, lease, or finance the property.

(ii) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.

(iii) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

(iv) Record a notice of violation.

(v) Withhold any or all future permits and approvals.

(c) Notwithstanding section 66411.1 of the SMA, no dedication of rights- of-way or construction of offsite improvements is required for an urban lot split.

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2. Zone. The lot to be split is in a single-family residential zone. For purposes of this section, a si ngle-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

(a) The lot to be split is not located on a site that is any of the following:

(1) P rime farmland, farmland of statewide importance , or land that is zoned or designated for agricultural protection or preservation by the voters.

(2) A wetland.

(3) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

(4) A hazardous waste site that has not been cleared for residential use.

(5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

(6) Within a 100-year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or

(ii) meets F ederal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

(7) Within a regulatory floodway , unless all development on the site has received a no-rise certification.

(8) Land identified for conservation in an adopted natural community conservation plan , habitat conservation plan, or other adopted natural resource protection plan.

(9) Habitat for protected species.

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(10) Land under conservation easement.

(11) Land within a hillside area, as that term is defined in section

93.13.00. (b) The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B) –(K). (See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory , nor may the lot be or be within a site that is designated by ordinance as a city or county historic resource or as a historic property or within a historic district.

5. No Prior Urban Lot Split.

(a) The lot to be split was not established through a prior urban lot split.

(b) The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner.

6. No Impact on Protected Housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:

(a) Housing that is i ncome-restricted for households of moderate, low, or very low income.

(b) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

(c) Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.

(d) Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to thi s fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applica nt and owner as necessary to determine compliance with this requirement.

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7. Lot Size.

(a) The lot to be split must be at least 2,400 square feet.

(b) The resulting lots must each be at least 1,200 square feet.

(c) Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

8. Easements.

(a) The owner must enter into an easement agreement with each public- service provi der to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

(b) Each easement must be shown on the tentative parcel map.

(c) Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subpart (D)(2) above.

(d) If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access.

(a) Each resulting lot must adjoin the public right-of-way.

(b) Each resulting lot must have frontage on the public right-of-way of at least 12.5 feet.

10. Unit Standards.

(a) Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under s ection 93.23.21 of this code, an ADU, or a JADU.

(b) Unit Size.

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(1) The total floor area of each primary dwelling that is developed on a resulting lot must be

(i) less than or equal to 800 and

(ii) more than 500 square feet.

(2) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.

(3) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

(c) Height Restrictions.

(1) On a resulting lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

(2) On a resulting lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not result in two primary units on the lot of up to 800 square feet each. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an urban lot split.

(d) Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

(e) Setbacks.

(1) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

(2) Exceptions. Notwithstanding subpart (E)(10)(e) above:

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(i) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.

(ii) 800 square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the
degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor
area; but in no event may any structure be less than
four feet from a side or rear property line.

(iii) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed after an urban lot split must be at least 25 feet from the front property lines. The front setback area must:

(I) be kept free from all structures greater than
three feet high;

(II) be at least 50 percent landscaped with drought-
tolerant plants, with vegetation and irrigation
plans approved by a licensed landscape
architect;

(III) allow for vehicular and fire-safety access to the front structure.

(f) Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street parking space per unit unless one of the following applies:

(1) The lot is located within one- half mile walking distance of either

(i) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or

(ii) a site that contains

(I) an existing rail or bus rapid transit station, or

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(II) the intersection of two or more major bus routes
with a frequency of servic e interval of 15
minutes or less during the morning and
afternoon peak commute periods.

(2) The site is located within one block of a car -share vehicle location.

(g) Architecture.

(1) If there is a legal primary dwelling on the lot that was established before the urban lot split, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(2) If there is no legal primary dwelling on the lot before the urban lot split, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

(3) All exterior lighting must be limited to down-lights.

(4) No window or door of a dwelling that is constructed on the lot after the urban lot split may have a direct line of sight to an adjoining resi dential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

(5) If a dwelling is constructed on a lot after an urban lot split and any portion of the dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

(h) Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights- of-way) as follows:

(1) At least one (1) 15-gallon size plant shall be provided for every five (5) linear feet of exterior wall. Alternatively, at least one Item 3A - 18

(1) 24” box size plant shall be provided for every ten (10) linear feet of exterior wall.

(2) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

(3) All landscaping must be drought tolerant.

(4) All landscaping must be from the city’s approved plant list.

(i) Nonconforming Conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.

(j) Utilities. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.

(k) Building & Safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.

11. Fire-Hazard Mitigation Measures.

(a) A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

(1) It must have direct access to a public right -of-way with a paved street with a width of at least 40 feet. The public right - of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

(2) All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

(3) All enclosed structures on the site must have fire sprinklers.

(4) All sides of all dwellings on the site must be within a 150- foot hose-pull distance from either the public right-of-way or of an onsite fire hydrant or standpipe.

(5) If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire- authority standard pump and hose equipment.

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(b) Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (E)(11). The city or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate mus t be included with the application. The applicant must pay the city’s costs for inspection. Failure to pay is grounds for denying the application.

12. Separate Conveyance.

(a) Within a resulting lot.

(1) Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from each other.

(2) Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.

(3) All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property owners.

(b) Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Regulation of Uses.

(a) Residential-only. No non- residential use is permitted on any lot created by urban lot split.

(b) No Short-Term Rentals. No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.

(c) Owner Occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three (3) years after the urban lot split is approved.

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14. Notice of Construction.

(a) At least 30 business days before starting any construction of a structure on a lot created by an urban lot split, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

(1) Notice that construction has been authorized,

(2) The anticipated start and end dates for construction,

(3) The hours of construction,

(4) Contact information for the project manager (for construction- related complaints), and

(5) Contact information for the Building & Safety Division.

(b) This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

15. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

(a) Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

(b) Expressly prohibits any non-residential use of the lots created by the urban lot split.

(c) Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

(d) States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

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1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical e nvironment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

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URGENCY ORDINANCE NO. _____

EXHIBIT “B”

Section 93.23.21 Two-Unit Projects

A. Purpose. The purpose of this section is to allow and appropriately regulate two- unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two -unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust th at holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a quali fied nonprofit corporation (as defined by § 214.15).

2. An application for a two- unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law.

The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the Director, without discretionary review.

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2. The ministerial approval of a two- unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act Compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single- family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot.

3. Lot Location.

a. The lot is not located on a site that is any of the following:

1) Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

2) A wetland.

3) Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.

4) A hazardous waste site that has not been cleared for residential use.

5) Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

6) Within a 100- year flood hazard area, unless the site has either:

(i) been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction, or
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(ii) meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain
management criteria of the National Flood Insurance
Program.

7) Within a regulatory floodway, unless all development on the site has received a no-rise certification.

8) Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

9) Habitat for protected species.

10) Land under conservation easement.

(11) Land within a hillside area, as that term is defined in section

93.13.00. b. The purpose of subpart (E)(3)(a) above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B) –(K). (See Gov. Code § 66411.7(a)(3)(C).)

4. Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory , nor may the lot be or be within a site that is designated by ordinance as a city or county resource or as a historic property or within a historic district.

5. No Impact on Protected Housing. The two- unit project must not require or include the demolition or alteration of any of the following types of housing:

a. Housing that is income- restricted for households of moderate, low, or very low income.

b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.

c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060–7060.7) at any time in the 15 years prior to submission of the urban lot split application.

d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the Item 3A - 25

application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

6. Unit Standards.

a. Quantity.

1) No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, “unit” means any dwelling unit, including , but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

2) A lot that is not created by an urban lot split may have a two- unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU
ordinance.

b. Unit Size.

1) The total floor area of each primary dwelling built that is developed under this section must be

(i) less than or equal to 800 and

(ii) more than 500 square feet.

2) A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two- unit project. The unit may not be expanded.

3) A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

c. Height Restrictions.

1) On a lot that is larger than 2,000 square feet, no new primary dwelling unit may exceed a single story or 16 feet in height, measured from grade to peak of the structure.

Item 3A - 26

2) On a lot that is smaller than 2,000 square feet, no new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. A second story is only permissible where conformance to lot coverage or setback requirements does not result in two primary units on the lot of up to 800 square feet each. Any portion of a new primary dwelling that exceeds one story must be stepped back by an additional five feet from the ground floor; no balcony deck or other portion of the second story may project into the stepback.

3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot with a two-unit project.

d. Demo Cap. The two- unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

e. Lot Coverage. Lot coverage shall not exceed 45%. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 square feet each.

f. Setbacks.

1) Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

2) Exceptions. Notwithstanding subpart (E)(6)(f) above:

(i) Existing Structures. No setback is required for an
existing legally established structure or for a new
structure that is constructed in the same location and
to the same dimensions as an existing legally
established structure.

(ii) 800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree
necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor
area; but in no event may any structure be less than
four feet from a side or rear property line.

3) Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must Item 3A - 27

be at least 25 feet from the front property lines. The front setback area must:

(i) be kept free from all structures greater than three feet high;

(ii) be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

(iii) allow for vehicular and fire- safety access to the front structure.

g. Parking. Each new primary dwelling unit must have at least one off - street parking space per unit unless one of the following applies:

1) The lot is located within one- half mile walking distance of either

(i) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak
commute hours or

(ii) a site that contains

(I) an existing rail or bus rapid transit station,

(II) the intersection of two or more major bus routes
with a frequency of service interval of 15
minutes or less during the morning and
afternoon peak commute periods.

2) The site is located within one block of a car -share vehicle location.

h. Architecture.

1) If there is a legal primary dwelling on the lot that was established before the two- unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

2) If there is no legal primary dwelling on the lot before the two- unit project, and if two primary dwellings are developed on the Item 3A - 28

lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

3) All exterior lighting must be limited to down-lights.

4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.

5) If any portion of a dwelling is less than 30 feet from a property line that is not a public right-of-way line, then all windows and doors in that portion must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

i. Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights - of-way) as follows:

1) At least one (1) 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one (1) 24” box size plant shall be provided for every ten (10) linear feet of exterior wall.

2) Plant specimens must be at least six (6) feet tall when installed. As an alternative, a solid fence of at least six (6) feet in height may be installed.

3) All landscaping must be drought tolerant.

4) All landscaping must be from the city’s approved plant list.

j. Nonconforming Conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.

k. Utilities. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

l. Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.

Item 3A - 29

7. Fire-Hazard Mitigation Measures. A lot in a very high fire hazard severity zone must comply with each of the following fire- hazard mitigation measures:

a. It must have direct access to a public right-of-way with a paved street with a width of at least 40 feet. The public right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

b. All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

c. All enclosed structures on the site must have fire sprinklers.

d. All sides of all dwellings on the site must be within a 150- foot hose- pull distance from either the public right -of-way or of an onsite fire hydrant or standpipe.

e. If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire- authority approved hookups compatible with fire-authority standard pump and hose equipment.

8. Separate Conveyance.

a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.

b. Condominium airspace divisions and common interest
developments are not permitted within the lot.

c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

9. Regulation of Uses.

a. Residential-only. No non-residential use is permitted on the lot.

b. No Short-Term Rentals. No dwelling unit on the lot may be rented for a period of less than 30 days.

c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two- unit project must occupy one of the dwellings on the l ot as the owners’ principal residence and legal domicile.

Item 3A - 30

10. Notice of Construction.

a. At least 30 business days before starting any construction of a two- unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

1) Notice that construction has been authorized,

2) The anticipated start and end dates for construction,

3) The hours of construction,

4) Contact information for the project manager (for construction- related complaints), and

5) Contact information for the Building & Safety Department.

b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

11. Deed Restriction. The owner must record a deed restriction, acceptable to the city, that does each of the following:

a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

b. Expressly prohibits any non-residential use of the lot.

c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile. e. States that the property is formed by an urban lot split and is therefore subject to the city’s urban lot split regulations, including all applicable limits on dwelling size and development.

F. Specific Adverse Impacts.

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1. Notwithstanding anything else in this section, the city may deny an application for a two- unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two -unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:

a. Bring an action to enjoin any attempt to sell, lease, or finance the property.

b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

d. Record a notice of violation.

e. Withhold any or all future permits and approvals.

f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

Item 3A - 32
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 1/8 SHARE THIS:

Date Published: 09/17/2021 09:00 PM
SB-9 Housing development: approvals. (2021-2022)
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[ Approved by Governor September 16, 2021. Filed with Secretary of State September 16, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 9, Atkins. Housing development: approvals.

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.

This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.

The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Item 3A - 33
~~-7 ~ IVE INFORMATION
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 2/8 This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.

The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.

The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.

The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.

This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.

By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state- mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single- family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau,
or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

Item 3A - 34
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 3/8 (2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area. (B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines. (c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

Item 3A - 35
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 4/8 (e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400. (i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit. (2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered. (j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.

SEC. 2.

Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.

Item 3A - 36
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 5/8 (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. (iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. (F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section. (G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
(2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet. (3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure. (B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines. (d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.

Item 3A - 37
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 6/8 (3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code. (3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section. (h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions. (j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22. (k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (2) “Local agency” means a city, county, or city and county, whether general law or chartered. (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.

Item 3A - 38
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 7/8 SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval.

However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map.
(2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.

The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment.
(3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years. (2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. (c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section. (e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or Item 3A - 39
1/3/22, 3:36 PM Bill Text - SB-9 Housing development: approvals. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 8/8 periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map.

A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.

SEC. 4.

The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution.

Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Item 3A - 40

CITY COUNCIL STAFF REPORT
01/13/2022   5. A.

City Clerk -

SUBJECT

APPROVE RESOLUTION AUTHORIZING A JOINT APPLICATION WITH THE COUNTY OF RIVERSIDE FOR HOMEKEY 2 FUNDING
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY 2 PROGRAM.”

1. Authorize the City Manager to execute all necessary documents, including making minor, non-substantive changes.

2. Attachments
Item 5A

CITY COUNCIL STAFF REPORT

DATE: January 13, 2022 NEW BUSINESS

SUBJECT: APPROVE RESOLUTION AUTHORIZING A JOINT APPLICATION WITH THE COUNTY OF RIVERSIDE FOR HOMEKEY 2 FUNDING

FROM: Justin Clifton, City Manager

BY: Community & Economic Development Department

SUMMARY:

On November 4, 2021 , City Council directed Staff to pursue acquisition of the property located at 3589 McCarthy Road (Property, Attachment 1 ) for use as a Homeless Navigation Center. Funding for the acquisition of the property will be provided by the County of Riverside (County). A potential source of funding for the Navigation Center is Homekey2 Funding from the California Department of Housing and Community Development (HCD). HCD requires Homekey 2 applicants to adopt a resolution authorizing the application for Homekey 2 funding and approving participation in the Homekey 2 program ( Attachment 2). Approval of the joint application resolution is being provided for City Council review and approval.

RECOMMENDATION:

1. A dopt Resolution No. ______, “ A RESOLUTION OF THE CITY COUNCIL O F

THE CITY OF PALM SPRINGS , CALIFORNIA, AUTHORIZING JOINT APPLICATION TO AND PARTICIPATION IN THE HOMEKEY 2 PROGRAM.”

2. Authorize the City Manager to execute all necessary documents, including making minor, non-substantive changes.

BACKGROUND:

The City’s efforts to address homelessness span several years and represents a significant investment of resources. This includes s upporting Roy’s of the Valley ( the County’s Homeless Shelter serving the western Coachella Valley); providing C risis Teams to perform outreach and provide homeless individuals with resources; providing Wrap-around services to assist individuals with securing available benefits and housing; funding Cool/Warm Centers during times of inclement weather; facilitating food distributions; providing t ransportation vouchers; and is working with the Coachella Item 5A - 1
Staff Report
January 13, 2022 -- Page 2
Resolution Authorizing Joint Application with Riverside County for Homekey 2 Funding

Valley Association of Governments Housing First program to provide outreach to homeless individuals and to provide housing opportunities. All these efforts, however, point to a glaring deficiency of homeless shelter beds in the Western Coachella Valley where individuals can receive immediate shelter, interim housing, and supportive services.

The general increase in the homeless population in the area has also resulted in challenging conditions for area residents and businesses. A navigation center will provide a place for unhoused individuals to go, and provide a place where individuals can seek behavioral, mental, and medical services; search for housing; and access income, benefits, and employment opportunities . Providing a navigation center designed to meet the needs of persons experiencing homelessness would be a notable step forward in the City’s on-going efforts to address homelessness.

The campus-like environment of the Property provides opportunities for the navigation center to include other services such as assisting individuals with securing health, disability, and social security; computer skills, a place to conduct internet searches for employment, completing on- line employment applications and interview techniques ; employment assessment s; b asic first aid; computer labs ; and referrals to other resources. The size and layout of the Property provides an opportunity for operation of different services and programs. It also creates opportunities to co- locate other services such as the County Mental H ealth and Behavioral Health or to have an on- site medical clinic.

The State of California has allocated $1.45 billion to address homelessness. The Homekey funds include federal American Rescue Plan Act of 2021 (ARPA) ($1.2 billion) and State General Funds ($250 million). Given the potential to receive Homekey funds, plus the contribution of $5,900,000 from the County of Riverside, there is an opportunity for the City to provide substantial, life changing, services and assistance for the unsheltered residents of Palm Springs.

STAFF ANALYSIS:

The Property is 3.64 acres and has three buildings which are 12,980 Square Feet, 7,980 Square Feet, and 25,800 Square Feet, for a total of 46,760 square feet. The asking price was $6,250,000; the seller accepted an offer of $5,900,000 and opened escrow for the sale of the Property. The City has since assumed the Purchase and Sale agreement and is now in escrow to purchase the Property for $5,900,000.

It is anticipated the City and County will enter into an MOU that will provide a basic understanding regarding the acquisition of the Property located at 3589 McCarthy Road and that the terms will include:

• The County will pay $5,900,000 to the City for the acquisition of the Property.

Item 5A - 2
Staff Report
January 13, 2022 -- Page 3
Resolution Authorizing Joint Application with Riverside County for Homekey 2 Funding

• The County will pay an additional $1,100,000 to the City for capital improvements to the Property.
• The City shall also contribute available Housing, Homeless Assistance Program (HHAP) funds in the approximate amount of $5,300,000 to subsidize the capital construction and/or operations of the Navigation Center. • The City and County shall jointly pursue other grant funds to complete the purchase and capital improvements of the Property as needed, and to fund the services, operations, and maintenance of the Navigation Center.

The proposed resolution authorizes and directs the submittal of a joint application with the County for Homekey 2 grant funds in an amount not to exceed $50,000,000, and to enter into a standard agreement with HCD for Homekey 2 grant funds in an amount not to exceed $50,000,000. The amount being requested is based on the Homekey fund application which recommends doubling the anticipated award. It is also a “not -to- exceed amount” ($50,000,000) and any grant award provided may be less than this amount.

As currently envisioned, the proposed Navigation Center will include the following features and services:

• Interim housing units.
• Individual bathroom facilities (per unit).
• Shared common kitchen facilities.
• The units will require mechanical and/or natural ventilation and conditioning, electrical convenience receptacles, fire sprinklers, and access to light and air (i.e., a window or door to the outdoors).
• S pace for a desk may also be included.
• The units will also share gathering / recreational space. • Modular units will be constructed outdoors and will have shared bathroom facilities.
• The Navigation Center will provide s upport services for the community living in the u nits which may include a h ealth clinic ( private rooms, with supporting office(s), reception area, storage, and other accessory uses ); Social services (private offices, a multi-use room, reception, storage, and other accessory uses ); Commercial Kitchen (to prepare meals to be served to the community on site); and Laundry and washing area for use by the residents.
• O utdoor gathering spaces, garden beds, landscaping, indoor recreation areas, TV lounges, computer rooms, fitness areas, etc.

As the design is refined, construction cost estimates will also be updated.

Item 5A - 3
Staff Report
January 13, 2022 -- Page 4
Resolution Authorizing Joint Application with Riverside County for Homekey 2 Funding

Service Provider Solicitation

A solicitation for Letters of Interest has been released seeking potential operators for the Navigation Center (Attachment 3). The scope of work requested includes operating the Navigation Center with no- barrier interim housing and shelter accommodations; operation and management of commercial kitchen and dining room with potential for hospitality/food service workforce program ; provide wrap around services; manage or sub-contract medical/dental clinic, behavioral health services; utilize Homeless Management Information System and Coordinated Entry System; and establish goals and objectives with measurable outcomes. The results of the solicitation are not known as the Letters of Interest were not due back to the City until after this staff report was prepared.

Community Outreach

The City’s affordable housing and homelessness consultant will be initiating a community outreach plan to solicit ideas and suggestions for the Navigation Center services and operations (Attachment 4). This includes:

• Building consensus on the best way to develop and implement a Homeless Navigation Center regarding design, services , and resources identified by the homeless community and adjacent neighborhoods.
• Have targeted discussions with key stakeholders to obtain feedback on the outreach process so that it is appropriately responsive to their constituents. • Develop a survey and outreach materials (in English and Spanish). • C ommunity outreach meetings including weeknights and weekends. • Research and identify services and resources that are underdeveloped in the area.
• Provide the community with detailed information on the proposed project and the need for a Homeless Navigation Center.

In addition, the City continues to meet on a regular basis with homeless service providers in Palm Springs, and the City Manager and Police Chief continue to meet with business groups to discuss how to address homelessness.

ENVIRONMENTAL IMPACT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Should direction be provided to move forward with the development of a homeless navigation center, potential environmental impacts will be assessed at the entitlement stage of the project.

Item 5A - 4
Staff Report
January 13, 2022 -- Page 5
Resolution Authorizing Joint Application with Riverside County for Homekey 2 Funding

FISCAL IMPACT:

There is no fiscal impact as a result of authorizing a joint application for Homekey funding.

REVIEWED BY:

Department Director: Jay Virata
City Manager: Justin Clifton

ATTACHMENTS:

1. Site Map.

2. Resolution.

3. Service Provider Solicitation.

4. Community Outreach Plan.

Item 5A - 5

ATTACHMENT 1

SITE MAP

Item 5A - 6

ATTACHMENT 2

RESOLUTION

Item 5A - 7

ATTACHMENT 3

SERVICE PROVIDER SOLICITATION
Item 5A - 8

ATTACHMENT 4

COMMUNITY OUTREACH PLAN

Item 5A - 9

3589 McCarthy Road

Lot Size: 3.64 Acres
Zone: PD
General Plan: MU

C
25,800

W. San Rafael Rd.

W. Las Vegas Rd.

McCarthy Road
N. Eastgate Rd.

W. Gateway Dr.

Location
A
12,980
B
7,980
W. Radio Rd.

W. Avenida Cerca
Item 5A - 10

AUTHORIZING RESOLUTION
RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF PALM SPRINGS

AUTHORIZING JOINT APPLICATION TO AND

PARTICIPATION IN THE HOMEKEY PROGRAM

WHEREAS:

A. The Department of Housing and Community Development (“Department”) has issued a Notice of Funding Availability, dated September 9, 2021 (“NOFA”), for the Homekey Program (“Homekey” or “Program”). The Department has issued the NOFA for Homekey grant funds pursuant to Health and Safety Code section 50675.1.3 (Assem. Bill No. 140 (2021-2022 Reg. Sess.), § 20.).

B. The City of Palm Springs (“Co-Applicant”) desires to jointly apply for Homekey grant funds with the County of Riverside (“Corporation”). Therefore, Co- Applicant is joining Corporation in the submittal of an application for Homekey funds (“Application”) to the Department for review and consideration.

C. The Department is authorized to administer Homekey pursuant to the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). Homekey funding allocations are subject to the terms and conditions of the NOFA, the Application, the Departm ent-approved STD 213, Standard Agreement (“Standard Agreement ”), and all other legal requirements of the Homekey Program.

THEREFORE, IT IS RESOLVED THAT:

1. Co-Applicant is hereby authorized and directed to submit a joint Application to the Department in response to the NOFA, and to jointly apply for Homekey grant funds in a total amount not to exceed $50,000,000.

2. If the Application is approved, Co-Applicant is hereby authorized and directed to enter into, execute, and deliver a Standard Agreement in a total amount not to exceed $ 50,000,000, any and all other documents required or deemed necessary or appropriate to secure the Homekey funds from the Department and to participate in the Homekey Program, and all amendments thereto (collectively, the “Homekey Documents”).

3. Co-Applicant acknowledges and agrees that it shall be subject to the terms and conditions specified in the Standard Agreement, and that the NOFA and Application will be incorporated in the Standard Agreement by reference and made a part thereof. Any and all activities, expenditures, information, and timelines represented in the Application are enforceable through the Standard Agreement. Funds are to be used for the allowable expenditures and activities identified in the Standard Agreement.

Item 5A - 11

4. The Palm Springs City Manager, or his or her designee, is authorized to execute the Application and the Homekey Documents on behalf of Co - Applicant for participation in the Homekey Program.

PASSED AND ADOPTED this _____ day of ______________, 2022, by the following vote:

AYES: [ #_] NAYES: [ #_] ABSTAIN: [ #_] ABSENT:
[ #_]

The undersigned, City Clerk of Co-Applicant, does hereby attest and certify that the foregoing is a true and full copy of a resolution of the governing body adopted at a duly convened meeting on the date above- mentioned, and that the resolution has not been altered, amended, or repealed.

SIGNATURE: ________________________ DATE: _____________________

NAME: _____________________________ TITLE: _____________________

Item 5A - 12
Post Office Box 2743 • Palm Springs, California 92263-2743

City of Palm Spring s
Community and Economic Development Department
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: 760.323.8259 • Fax: 760.322.8325 • TDD 760.864.9527 • www.palmspringsca.gov

Request for Letters of Interest
Palm Springs Navigation Campus
Responses Due: Friday, January 14, 2022 12pm (Noon) PST

BACKGROUND
The City of Palm Springs is working on the development of a homeless navigation campus that will include shelter services, interim housing, and an array of wrap around services. The City and the County of Riverside are co-applicants for the State’s Home Key 2 funding with the application due at the end of January 2022. This request for Letters of Interest is to satisfy the requirements in that application for the Supportive Services Plan. Additionally, this Letter of Interest is to identify service providers with demonstrated experience for the eventual RFQ or RFP requests for a permanent provider.

SERVICES SOLICITED UNDER THIS REQUEST FOR LETTERS OF INTEREST The City of Palm Springs is seeking Letters of Interest for the operation of the navigation campus which will include the following:

1. Operation and management of a 50-bed minimum no-barrier shelter.

2. Operation and management of a minimum 50 interim housing unit development.

3. Operation and management, or the ability to partner or contract out behavioral health services, social services, medical/dental services, workforce development, and other supportive services deemed necessary.

4. Utilize the Housing First model to move clients into long-term permanent housing solutions.

5. Establish goals and metrics for successful placements.

6. Mandatory utilization of the Homeless Management Information System (HMIS and the Coordinated Entry System (CES).

ELIGIBLE APPLICANTS
Eligible applicants include not-for-profit agencies with IRS 501(c)(3) designation with a demonstrated record in homeless and housing services.

TIMELINE
Responses to this Request for Letters of Interest must be received in the format specified in this solicitation on or before 12:00pm (Noon) PST time on January 14, 2022.

Respondents must be able to provide all services included in the attached Supportive Services Plan.

Item 5A - 13

Request for Letters of Interest
Palm Springs Navigation Campus

Post Office Box 2743 • Palm Springs, California 92263-2743

SCOPE OF WORK
Shelter Operations
• Provide no-barrier shelter accommodations for eligible persons including:
o Health and hygiene supplies
o Restroom and showering facilities
o Evening and morning meals and snacks
o On-site security
o Connecting shelter residents to on-site and off-site services.

• Kitchen Operations
o Operation and management of commercial kitchen and dining room for both shelter and interim housing residents.
o Potential operation and management of food distribution facility. o Establishing a workforce program for hospitality/food service employment.

• Wrap Around Services Operations
o Operate and manage, or subcontract, medical/dental clinic. o Operate and manage, or subcontract, behavioral health services to include individualized and group treatment as well as referrals for substance use. o Operate and manage, or subcontract, social services for items such as MediCal/CalAIM, CalFresh, Social Security eligibility and other Federal, State and County programs. o Operate and manage, or subcontract out, workforce development programming. o Operate and manage, or subcontract out, potential on-site childcare services. o Provide referrals to other wrap-around services as needed that are not located on site.

• Interim Housing
o Operate and manage interim housing units.
o Provide a portion of the housing services to Transitional Age Youth (TAY). o Provide case management to interim housing residents at no more than a 1 to 25 client per caseworker ratio.
o Maintain structures and surroundings grounds.
o Establish a workforce development program for employment training in maintenance and landscaping.
o Utilize Housing First model to exit interim housing residents to permanent housing solutions.

• Data Management
o Establish goals and objectives with measurable outcomes. o Utilize HMIS
o Utilize CES
o Fulfill all City, County, State and Federal reporting requirements

Item 5A - 14

Request for Letters of Interest
Palm Springs Navigation Campus

Post Office Box 2743 • Palm Springs, California 92263-2743

LETTERS OF INTEREST CONTENT AND FORMAT
Responses to this solicitation must be provided in the form of a letter of interest issued on agency letterhead and signed by an authorized organizational representative with authority to bind the organization to the services and budget proposed. Letters of interest must be submitted in standard 11-point Times New Roman font. Letters of interest may not exceed five single-spaced pages excluding attachments and must include the following narrative sections.

Supportive Services Plan: Letters of Interest must include the attached Supportive Services Plan required by Home Key 2.

Agency Experience: Letters of Interest must include a description of the agency’s experience providing services outlined in the Scope of Work. Descriptions should include specific services provided, scale of those services in terms of households served, and past performance outcomes as they relate to financial stability and permanent housing (i.e. #/% of participants successfully exiting to permanent housing, #/% of participants with income at project exit, etc.)
Project Staffing: Letters of Interest must include a description of project staffing that identifies all existing staff members to be assigned to this project, qualifications, and the time dedicated to this project as a percentage of full-time equivalency. Letters must also explain how existing staffing, if engaged in the proposed project, will be sufficient to deliver assigned services in light of other responsibilities. For new staff positions to be created through this solicitation, agency must provide a brief description of new position(s) to be created, percentage of time dedicated to this project, minimum position requirements, and anticipated timeline for recruiting and onboarding new staff members.

Points of Contact: Letters of interest must include the name, title, phone number, and email address of two persons able to answer questions related to the Letter of Interest and enter into subaward negotiations with the City of Palm Springs.

Certification: Letters of interest must include the following Certification exactly as it is written:

By submitting this application, I confirm that I am authorized to make this offer on behalf of . I recognize that this is a firm and binding offer for delivery of the full Scope of Services outlined in the City of Palm Spring’s Request for Letters of Interest. I recognize that negotiation of any changes to this proposal will be at the discretion of the City of Palm Springs.

SUBMITTAL INSTRUCTIONS
Responses must be emailed to [email protected] and received no later than the due date listed. Late and/or incomplete applications will be deemed non-responsive and will not be considered.

QUESTIONS REGARDING THIS SOLICITATION
All questions regarding this solicitation should be emailed to [email protected] and [email protected] Please allow up to two business days for a response.

Item 5A - 15
December 21, 2021
Proposed Plan for the City of Palm Springs
Community Outreach Plan
for Homeless Navigation
Center
Prepared by: LeSar Development Consultants
www.LeSarDevelopment.com
For all inquiries related to this proposed outreach plan, please contact:

Stefan Gonzalez
LeSar Development Consultants
404 Euclid Ave. Suite 212, San Diego, CA 92114
Phone: 619-821-9162
Email: [email protected]
Item 5A - 16
lllal LESAR DEVELOPMENT
111111 CONSULTANTS
404 Euclid Ave, Suite 212, San Diego, CA 92114 www.lesardevelopment.com

Outreach Goals
The goal for the Community Outreach Plan is to engage the residents of the City of Palm Springs in conversations about the need for, impact of, and location of a Homeless Navigation Center.

The goal of the outreach will be to engage community members in ways that help to inform City staff on community needs, to help inform community members on the current state of homelessness in the City in a data informed way, and to use those conversations to develop a consensus on the best way to develop, implement, and operate a Homeless Navigation Center.

LDC proposes to use this Community Outreach Plan to invite the public into the process throughout the development of the Homeless Navigation Center by providing multiple opportunities for community input.

To reach a broad population, LDC is recommending a series of outreach activities, including meetings with individual stakeholder groups and video and written material explaining the current state of homelessness in Palm Springs and the role a navigation center would play in addressing those issues. LDC also recommends getting direct feedback from the adjacent community of the proposed site on 3589 McCarthy Road to ensure that their needs are being included throughout the process.

Desired Outcomes

1. Help the City reach consensus on the goal of outreach efforts

2. Engage a broad and representative population of Palm Springs residents

3. Build on collaborative relationships with community stakeholders

4. Develop new relationships as needed

5. Ensure that the service gaps and needs of adjacent communities are being considered

6. Reach consensus on the best ways to develop and implement the Homeless Navigation Center
Approach Summary
LDC is proposing a multi-faceted community outreach strategy that includes innovative tools and technology, key stakeholder briefings, and partnerships with City of Palm Springs Staff, City Council, and County of Riverside collaborators. This approach ensures the provision of a wide range of available public meetings to provide feedback, but it also provides opportunities for those who are not able to attend such meetings to give feedback. By providing access to an online survey, recorded presentations related to the Homeless Navigation Center, and other materials, this outreach approach ensures that community members can provide their input without needing to attend a scheduled meeting. Online and in-person public meetings will include opportunities for residents from the City Council Districts to provide feedback. Key stakeholders, moreover, will be engaged in one-on-one meetings.

As key component of the Community Outreach Plan, LDC seeks to ensure feedback is gathered from communities adjacent to the proposed site. The proposed site on 3589 McCarthy Road is in Item 5A - 17
404 Euclid Ave, Suite 212, San Diego, CA 92114 www.lesardevelopment.com

Census Tract 446.05. Based on census demographic data, this census tract is a majority Black, Indigenous, and People of Color (BIPOC) community. The census tract also has a lower per capita income when compared to Palm Springs as a whole and a poverty rate 1.5 time the rate in Palm Springs. LDC recommends an engagement process that specifically seeks to center feedback from BIPOC communities and residents of District 1 in the development of a Homeless Navigation Center. Additionally, in the community engagement process, LDC will also look to engage the community on what kinds of resources and services might also be helpful for their community’s needs. According to the California Healthy Places Index, this Census Tract has deficient scoring in transportation, neighborhood, healthcare access, and housing conditions.

Demographic data is provided below.

Approach
• Educate residents of the City of Palm Springs, including those from adjacent neighborhoods of the proposed site, about the need for a Homeless Navigation Center. o Utilize data from the Homeless Gaps Analysis and Needs Assessment to understand and educate public on the trends, impacts, and gaps in homeless delivery
• Obtain feedback from key stakeholders in the City of Palm Springs around the Homeless Navigation Center.
o Feedback from key stakeholders to include nonprofit organizations, community- based organizations, community groups, general public, elected officials, city staff, and regional partners
o Understand service and resource gaps in community near proposed site ▪ Engage residents of adjacent neighborhoods (Census Tract 446.05) to understand any service or resource gaps in their community ▪ Engage residents of District 1 to understand any service or resource gaps in their community
▪ Engage BIPOC communities and constituents to understand any service or resource gaps in their communities
2%
36%
1%43%
15%
3%
Demographics: Census Tract 446.05 (Data: California Healthy Places Index) Two or More Races
White
American Indian/Alaskan Native
Latino(x)
Black/ African American
Asian
Item 5A - 18
• •
• """""" •
•
•
•
•
• •

404 Euclid Ave, Suite 212, San Diego, CA 92114 www.lesardevelopment.com

• Come to a consensus on the best way to develop and implement a Homeless Navigation Center.
o Include feedback from key stakeholders
o In the design of the Navigation Center, include services and resources that the adjacent neighborhoods, District 1, and BIPOC communities have identified o In the design of the Navigation Center, include services and resources that are underdeveloped based on research and data conducted in the Homeless Gaps Analysis and Needs Assessment
o Utilize research on data of service and resource needs for Palm Springs and the adjacent community from the Homeless Gaps Analysis and Needs Assessment Methods
• Develop outreach materials.
o LDC will develop different outreach materials for County staff to make publicly available. LDC will ensure these are provided in both English and Spanish. This will include the following materials:
▪ Presentation materials
▪ Surveys soliciting input
▪ Flyer with overview and dates for community meetings to give feedback • Reach out to key stakeholders.
o LDC will reach out to identified key stakeholders to obtain feedback. In these targeted conversations, stakeholders will also be able to provide feedback and support for the outreach process so that it is appropriately responsive to their constituents. Stakeholders will include but are not limited to community-based organizations, community groups, general public, elected officials, city staff, nonprofit organizations, regional partners, and residents from the community adjacent to the proposed site.
• Conduct community outreach meetings.
o LDC will schedule community outreach meetings. The dates will include one in- person event, one event on a Saturday, two events on weeknights, and two events on weekdays during business hours. These meetings will be spread throughout the two-month period to ensure a wide range of possible times community members may attend such meetings. Moreover, by having had access to a video presentation and an online survey, many community members will likely already have provided their valuable feedback. The community meetings will include plenary sessions with a presentation on key community information.

The meetings may include breakout sessions to allow for smaller group discussion. • Summarize outreach feedback.
o LDC will review input from the stakeholder meetings, online survey, and community meetings and provide a summary of key input. They survey will remain available throughout the outreach process. Detailed survey results and Item 5A - 19

404 Euclid Ave, Suite 212, San Diego, CA 92114 www.lesardevelopment.com

notes from stakeholder interviews and community meetings will be provided as well.

Implementation Timeline
The following table outlines the proposed implementation timeline of the Community Outreach Plan for the Homeless Navigation Center. Upon development of outreach materials and scheduling, the implementation timeline is separated into three distinct phases: Pre-Homekey Award, Post-Homekey Award, and Post-Homekey Move-ins. After each phase of outreach, LDC will provide a summary report and will modify the outreach plan accordingly. Certain tasks will require collaboration with City staff to complete.

Implementation Timeline
Tasks Proposed Month
Develop Outreach Materials
• Create a list of stakeholders and draft
initial outreach email (bilingual).
o Stakeholders could include
nonprofit organizations,
community-based organizations,
community groups, general public,
elected officials, city staff, and
regional partners. Focus will be
placed on adjacent neighborhoods,
District 1, and BIPOC communities.
• January-February 2022
• Draft survey questions (bilingual). Survey
will explore perceptions on homelessness,
service and resource gaps, and community
needs.
• January-February2022
• Draft 5-10 minute presentation and record
video (bilingual).
o Presentation will educate about the
need for a Homeless Navigation
Center and some of the resources it
will bring to the community. As part
of presentation and outreach, LDC
will research local homeless data
and resource gaps.
• January-February 2022
• Draft discussion and breakout questions
for community outreach meetings.
• January-February 2022
• Schedule community outreach meetings in
a variety of times/formats, including in-
person, weekends, weeknights, and during
weekday business hours.
• January-March 2022
• Draft outreach flyer (bilingual). • January-February 2022 Item 5A - 20

404 Euclid Ave, Suite 212, San Diego, CA 92114 www.lesardevelopment.com

• Post community outreach meeting
information, video presentation, and online
survey on City website.
• January-February 2022
• City to approve of all materials. • March 1 2022
Reach Out to Key Stakeholders
• Invite selected stakeholder groups
identified by City staff to meetings with
LDC/City staff to discuss Homeless
Navigation Center.
• January-March 2022
• Invite City departments and partnering
organizations to share information with
constituents through regular newsletters,
mailers, etc.
• January-March 2022
• Draft interview questions. • January-March 2022
• Send out survey to key stakeholders. • February-March 2022 • Meet with selected stakeholder groups for
30-minute feedback sessions.
• March 2022-April 2022 (Phase 1)
• May 2022- December 2022
(Phase 2)
• April 2023-July 2023 (Phase 3)
Conduct Community Outreach Meetings
• Identify with City the preferred number of
community outreach meetings per phase.
• January 2022-February 2022
• Phase 1: Pre-Homekey Award • January 2022-April 2022
• Phase 2: Post-Homekey Award • May 2022-December 2022
• Phase 3: Post-Homekey Move-ins • April 2023-July 2023 Summarize Community Outreach Feedback
• Develop 3 summary reports after each
phase of community outreach.
o Summarize feedback from the
stakeholder interviews
o Summarize feedback from survey
responses
o Summarize feedback from
community meetings
• April 2022 (Phase 1 Summary
Report)
• December 2022 (Phase 2
Summary Report)
• July 2023 (Phase 3 Summary
Report)
Item 5A - 21

CITY COUNCIL STAFF REPORT
01/13/2022   5. B.

City Clerk -

SUBJECT

REVIEW OF THE ROSTER OF CITY COUNCIL SUBCOMMITTEES, LIAISONS,

AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS
Provide direction on changes to the roster of City Council subcommittees, liaisons, and representatives to external organizations.

1. Authorize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

2. Attachments
Item 5B

CITY COUNCIL STAFF REPORT
DATE: January 13, 2022 NEW BUSINESS
SUBJECT: R EVIEW OF THE ROSTER OF C ITY COUNCIL SUBCOMMITTEES ,

LIAISONS, AND REPRESENTATIVES TO EXTERNAL ORGANIZATIONS FROM: J ustin Clifton, City Manager
BY: A nthony J. Mejia, City Clerk
RECOMMENDATION:

1. Prov
ide direction on changes to the roster of City Council subcommittees, liaisons, and representatives to external organizations.

2. A ut horize the City Clerk to prepare and execute FPPC Form 806, Public Official Appointments.

STAFF ANALYSIS:

The City Council routinely appoint s Councilmembers to serve on standing or ad hoc subcommittees, or individual Councilmembers may volunteer to serve as liaisons to study various topics. The City Council also appoints representatives to external organizations as needed. On an annual basis, the City Council reviews the roster of appointments and makes adjustments as necessary.

Under California Code of Regulations (CCR) § 18702.5, before a public official may participate in a decision or vote to appoint themselves to a compensated position, the local agency must post a form established by the Fair Political Practices Commission (FPPC) on the City’s website. Staff recommends the City Council adopt and direct that FPPC Form 806 be updated and posted as required.

FISCAL IMPACT:

None.

REVIEWED BY:

City Clerk: Anthony J. Mejia
City Manager: Justin Clifton
ATTACHMENTS:

1. City Council Appointment Rosters and Preferences

2. FPPC Form 806 (Current)
Item 5B - 1
Office of the City Clerk Page 1
Adopted by the City Council on 01/14/2021 / Updated by Council on 05/27/2021

CITY OF PALM SPRINGS, CALIFORNIA
Roster of City Council
Standing Committees
Standing Committee Meetings Member Member
Finance (R-12147) As Needed MAYOR MPT
Affordable Housing & Homelessness Quarterly GARNER HOLSTEGE Cannabis-Related Issues Quarterly GARNER WOODS
Economic Development & Business Retention Quarterly HOLSTEGE KORS Vacation Rentals Quarterly GARNER HOLSTEGE
Roster of City Council
Ad Hoc Committees
Ad Hoc Committee Meetings Member Member
Board & Commission Interviews As Needed MIDDLETON WOODS Consultant for Police Policies & Practices As Needed GARNER MIDDLETON Roster of City Council
Appointees to External Organizations
External Organizations Meetings Appointee Alternate
Coachella Valley Association of Governments (CVAG): (SEI, Form 700 required) Executive Committee
(Agendize assignment at the end of each FY)
Last Monday,
4:30 p.m.

HOLSTEGE*
(MAYOR)

MIDDLETON
(MPT)
Energy & Environmental Resources 2nd Thursday,
Noon WOODS MIDDLETON
Homelessness 3rd Wednesday,
10 a.m. HOLSTEGE GARNER
Public Safety 2nd Monday,
9 a.m. GARNER MIDDLETON
Transportation 1st Monday,
11 a.m. WOODS MIDDLETON
Arenas District Merchants Association 2nd Tuesday,
10 a.m.

Co-Appointees

KORS WOODS
California Coalition of Mayors
(Kors will cont. to serve as a founding member)
1st & 3rd Friday,
12:30 p.m.

Co-Appointees
MAYOR KORS*
Coachella Valley Conservation Commission
(SEI, Form 700 required)
2nd Thursday,
10:30 a.m. WOODS MIDDLETON
Coachella Valley Economic Partnership 3rd Wednesday
8 a.m. GARNER MIDDLETON
Coachella Valley Mountains Conservancy Bd.
(SEI, Form 700 required)
2nd Monday,
3 p.m. WOODS MIDDLETON
COVID-19 Reopening Task Force Tuesdays,
4 p.m.

Co-Appointees

HOLSTEGE KORS
Desert Community Energy Board
(SEI, Form 700 required)
3rd Monday,
2:30 p.m. KORS* MIDDLETON
Eastern Riverside County Interoperable
Communications Authority
2nd Thursday
4 p.m. MIDDLETON HOLSTEGE
Item 5B - 2
Office of the City Clerk Page 2
Adopted by the City Council on 01/14/2021 / Updated by Council on 05/27/2021 External Organizations Meetings Appointee Alternate
Friends of PS Animal Shelter Varies GARNER KORS
Greater PS Convention & Visitors Bureau
(SEI, Form 700 required) Varies KORS* HOLSTEGE
League of California Cities Business Meeting
09/24/2021 GARNER MIDDLETON
Main Street/Uptown Business Association 1st & 3rd Tuesday 8:30 a.m.

Co-Appointees

KORS MIDDLETON
Palm Springs Chamber of Commerce 3rd Thursday
8 a.m. KORS WOODS
Palm Springs Tourism & Hospitality Organizations Co-Appointees Hotel General Managers Weekly Meeting Wednesdays
8 a.m.

HOLSTEGE
(MAYOR) KORS PS Hospitality Association Board Meetings 2nd Thursday 11 a.m.

PS Hospitality Association Member Meeting 3rd Thursday
11:30 a.m.

PS Resorts Meetings Varies
Office of Neighborhood Involvement (One-PS) 1st Tuesday, 5:30 p.m. MIDDLETON WOODS
Riverside County Community Action Comm.
(SEI, Form 700 required)
3rd Thursday,
5:30 p.m. VIRATA KORS
Riverside County Transportation Commission
(SEI, Form 700 required)
2nd Wednesday,
9 a.m. MIDDLETON WOODS
So. California Association of Governments
(SEI, Form 700 required)
Gen. Assembly
Meeting TBA WOODS MIDDLETON
SunLine Transit Agency Board
(SEI, Form 700 required)
4th Wednesday,
Noon MIDDLETON WOODS
*Indicates that the Councilmember will serve as Chair or Vice Chair of the Organization.

Item 5B - 3
Agency Report of:

Public Official Appointments

1. Agency Name
City of Palm Springs
Division, Department, or Region (If Applicable)
N/A
Designated Agency ontact (Name, Title)
Anthony J. Mejia, City Clerk
Area Code/Phone Number
(760) 323-8206

2. Appointments
Agency Boards and
Commiulona
CVAG
Executive Committee
CVAG
Energy and Environment
Committee
CVAG
Homelessness
Committee
CVAG
Public Safety Committee

3. Verification
E-mail
[email protected]
Name of Appointed Person
Holstege, Christy
►Narne ______ l""L•-.��n-�,,,.1------
Middleton, Lisa
Alternate, if any __________ _
(Last, First)
Woods, Dennis
►Narne ______ 1,,.u-.��n-�,,,.1------
Middleton, Lisa
Alternate, if any __________ _
(Last. First)
Holstege, Christy
►Narne ______ l""L•""'��F'"",�,""i _____ _
Gamer, Grace
Alternate, if any __________ _
(Last, First)
Gamer, Grace
►Name _____________ _
(Last, First)
Middleton, Lisa
Alternate, if any __________ _
(Las/, Fir.;t)
2021 JUN -2

OFFICE OF THE CIT

--- ---
Date Posted:
01/20/2021
(Month, Day, Year)
Appt Date and
Length of Tenn Per Meeting/Annual Salary/Stipend
100
► � � -3..!_
► Per Meeting: $ _____ _
App/Date
None ►-------
Length of Term
► ���
ApptDate
► None
Length of Term
► ��-3..!_
ApptDate
► None
Length of Term
► �_E_;�
App/Date
None ►-------
Length of Term
► Estimated Annual:
□ $0-$1,000 □ $2,001-$3,000
181$1,001-$2,000 □--.,,,,---
Other
► Per Meeting: $ 75
► Estimated Annual:
181 $0-$1,000 □ $2,001-$3,000
□ $1,001-$2,000 □
Other
► Per Meeting: $ 75
► Estimated Annual:
181 $0-$1,000 0 $2,001-$3,000
□ $1,001-$2,000 □
Other
75 ► Per Meeting: $------
► Estimated Annual:
181 $0-$1,000 □ $2,001-$3,000
□ $1,001-$2,000 □------
Other
gulation 18702.5. I have verified that the appointment and information identified above is true to the best of my information and belief.

Anthony J. Mejia
Print Name
ear Update to CVAG Public Safety Committee
City Clerk 06/02/2021
Title (Month, Day, Year)
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Item 5B - 4
Agency Report of:

Public Official Appointments
Continuation Sheet

1. Agency Name
City of Palm Springs

2. Appointments
Agency Boards and
Commissions
CVAG
Transportation Committee
Coachella Valley
Conservation
Commission
Greater Palm Springs
Convention and Visitors
Bureau
Riverside County
Transportation
Commission
Sunline Transit Agency
Coachella Valley
Mountains Conservancy
Board
Name of Appointed Person
Woods, Dennis
►Name ______ ,...�a"'",,""'.F"'"irst,..J _____ _
Middleton, Lisa
Alternate, if any __________ _
(Last, First)
Woods, Dennis
►Name _____________ _
(Last, Fi�t)
Middleton, Lisa
Alternate, if any __________ _
(Las/, First)
Kors, Geoff
►Name--------------
(Last. First)
Holstege, Christy
Alternate, if any __________ _
(Last. F1rsl)
Middleton, Lisa
►Narne ______ ,...�a"'",,""'.F"'"irst,..1 _____ _
Woods, Dennis
Alternate, if any __________ _
(Last, First)
Middleton, Lisa
►Name _____________ _
(Last, First)
Woods, Dennis
Alternate, if any __________ _
(Last, First)
Woods, Dennis
►Name _____________ _
(Last, First)
Middleton, Lisa
Alternate, if any __________ _
(Last, First)
Appt Date and
Length of Tenn
None ►-------
Length of Term
► � � __3_!_
ApptDate
► None
Length of Term
None ►-------
Length of Term
None ►-------
Length of Term
► ��__3_!_
Appl Date
► None
Length of Term
►��---32_
ApptDate
None ►-------
Length of Term
California
806 Form
A Public Document
Page_2_ of _2_
Date Posted: -... 0 .... 1 ... 1,...20 .... 1_2..,.02.,..1....,...._ (Month, Day, Year)
Per Meeting/Annual Salary/Stipend
75 ► Per Meeting: $------
► Estimated Annual:

IB1 $0-$1,000 □ $2,001-$3, 000
□ $1,001-$2,000 □
--0-,,,th"'"o,--
► Per Meeting: $ 75
► Estimated Annual:

IB1 $0-$1.000 □ $2, 001-$3,000
□ $1, 001-$2,000 □
Other
50 ► Per Meeting: $------
► Estimated Annual:

IB1$0-$1,ooo □ $2,001-$3, 000
□ $1, 001-$2,000 □
--O
""'
th
"'"
e,--
100 ► Per Meeting: $ _____ _
► Estimated Annual:
□$0-$1,000 □ $2,001-$3,000
IBI $1 ,001-$2,000 □--.,,,,---
othe,
► Per Meeting: $ 50
► Estimated Annual:

IB1 $0-$1 . ooo □ $2, 001-$3, 000
□ $1,001-$2,000 □
Other
75 ► Per Meeting: $------
► Estimated Annual:

IB1 $0-$1,000 0 $2,001-$3,000
□ $1,001-$2,000 □--.,----
Other
FPPC Form 806 (1/18)
FPPC Toll-Free Helpline: 866/ASK-FPPC (866/275-3772)
Item 5B - 5
 ___Q_!_j ~ ~
ApptDate
 ~~~
ApptDate
 ~~~
ApptDate

CITY COUNCIL STAFF REPORT
01/13/2022   5. C.

City Clerk -

SUBJECT

REPORT ON CITY COUNCIL VISIONING SESSIONS
RECOMMENDATION:

Provide direction to Staff as appropriate.

Attachments
Item 5C

CITY COUNCIL STAFF REPORT

DATE: JANUARY 13, 2022 NEW BUSINESS

SUBJECT: REPORT ON CITY COUNCIL VISIONING SESSIONS

FROM: Justin Clifton, City Manager

SUMMARY:

This agenda item is to present draft strategic priorities and process improvements resulting from recent City Council Visioning Sessions.

RECOMMENDATION:

Provide direction to Staff as appropriate.

BACKGROUND:

City Council recently held two Visioning Sessions on November 20 and 30, 2021. The
purpose of the V isioning Sessions was to 1) establish priorities for the next year and beyond; and 2) identify target ed process improvements to make the work of the organization more efficient and effective.

Priority setting is the primary means by which City Council identifies the most important programs and projects that need to be accomplished, which ultimately sets the direction of the City Manager and Staff. Absent clear priorities, organizations tend to respond in an unorganized way to myriad issues competing for limited resources, sometimes to the detriment of the highest priorities.

Process improvement was also a key component of the two Visioning Sessions. The Visioning Sessions allowed City Council and key administrative staff to step back and spend time evaluating which processes are working and which can be adjusted to maximize impact. Local government is one of the most unique forms of decision-making, in part because it is such a participatory system. Residents, stakeholders, Commissions, Staff, external partners and City Council often all collaborate to make decisions and advance programs and projects. For that reason, it is important to periodically evaluate the systems whereby work is shared to ensure clarity and efficiency.

Ideally, priority setting and process improvements would be part of an annual cycle whereby we are continually planning the work and then work ing the plan. The annual cycle roughly contemplates the following: 1) Staff collects input from residents, Item 5C - 1
City Council Staff Report
January 13, 2022 – Page 2
Report on City Council Visioning Sessions

stakeholders, Commissions and City departments; 2) City Council considers input and establishes priorities and targeted process improvements; 3) Staff create workplans and prepare budget requests ; 4) Staff and City Council execute workplans ; and 5) Staff reports progress and collects input for the next round of priority setting and process improvement.

This year, Staff administered a Community Survey, solicited input from key stakeholders, and each Commission and D epartment submitted input capturing their insights on key priorities and processes that need improvement. City Council then held two Vi sioning Sessions to establish priorities and target processes for improvement. The sessions were held in closed session because Council priorities and process improvement s are key expectations set for the City Manager and will be used as tools to evaluate City Manager performance. At that time, the City committed to bringing back this item as a public agenda item, in order to obtain stakeholder input.

The meeting of January 13 will be the first opportunity for the City Manager to present the results of the City Council V isioning Sessions for further public review, discussion, and consideration by City Council. After the priorities and process improvements are identified, next steps include creating and presenting workplans to accomplish each priority, submitting budget requests as necessary and then schedul ing and periodically reviewing progress.

STAFF ANALYSIS:

Priority Setting

During the Visioning Sessions, Staff heard various themes and principles that guide the priority setting process, including:

• Optimize Basic Services and Facilities: This theme suggests existing programs such as police services, infrastructure maintenance and landscaping, recreation offerings, etc. should be evaluated and enhanced where necessary. Similarly, existing facilities should be evaluated, and deferred maintenance and targe ted enhancements should be prioritized.
• Focus on Issues that Most Impact Quality of Life: This theme indicates where priorities are competing for attention and resources, priorities that have the greatest impact to residents should be given preference. • Narrow Priorities to F ocus on M ost Important Issues First: This theme recognizes the “rule of subtraction” and suggests the most important work will not get done without forgoing or deferring lesser important work. • Priorities Should be Integrated, when Possible, to Maximize Impact: This theme recognizes priorities do not exist in a vacuum and should be integrated wherever possible. As an example, community infrastructure and environmental stewardship should be advanced in a way that further supports quality of life. • Social Equity and Sustainability Underpin all P riorities, Programs, and Projects: This principle sug gests Social Equity and Sustainability should be Item 5C - 2
City Council Staff Report
January 13, 2022 – Page 3
Report on City Council Visioning Sessions

considered in advancing priorities and should be a “lens” through which we see all of the work we do.

After considering the various sources of input, and establishing major themes and principles, City Council organized priorities into four broad categories: 1) Quality of Life, 2) Environmental Stewardship, 3) Community Infrastructure, and 4) Good Governance.

A more detailed summary of the contents of each category is provided as Attachment A .

Please note, these priorities are not meant to be all inclusive or to exclude work that does not fall directly in these categories. Rather, these priorities are meant to act more like a compass, keeping the organization focused and moving in the same direction to the most important outcomes. Similarly, many of these priorities, like improving homelessness and reducing crime, are very large in scale. Establishing these priorities is not meant to convey that problems in these areas will be solved within a particular time fame. These large- scale priorities could remain important for many years, with the task -level strategies and workplans changing over time.

Process Improvements

In terms of identifying processes for improvement, it’s helpful to think of the roles and responsibilities within the decision- making process. There are very few, if any, systems of decision-making that are as inclusive, participatory and iterative as the ones we use in local government. Even small policy decisions likely include some level of participation from residents, stakeholders , external government and non- governmental partners, Boards and/or Commissions, C ommittees and/or S ubcommittees, numerous Ci ty Departments and City Council. This highlights the importance of having very clear roles and responsibilities and good systems to facilitate maximizing the value added by each role player. When roles and responsibilities aren’t carefully considered and communicated, tension often emerges as role players seek expanded roles and greater influence over outcomes.

Residents
As it reads in front of the City Hall Chamber, “The People Are the City.” Since all the work of the organization is done by and for residents, residents must be part of the process.

Challenges: Engaged residents tend to remain engaged, disengaged residents tend to remain disengaged. This means few residents may have a disproportionate voice and influence in decision -making. Also, sometimes residents become involved late in the process, but want to influence decisions that were made earlier.

Opportunities: There are opportunities to create new systems to communicate and engage with residents. Creating more generalizable input from surveys and polls can complement the anecdotal feedback that the City receives from more direct forms of participation. Similarly, outreach efforts can be tailored to reach residents who don’t traditionally engage. Community communication can be impr oved, and resident Item 5C - 3
City Council Staff Report
January 13, 2022 – Page 4
Report on City Council Visioning Sessions

engagement opportunities can be expanded. The use of working groups can be a very effective way to engage residents in a way that is both accessible and meaningful.

Stakeholders
Stakeholders play a vital role as they are often representative in nature; meaning input from ONE-PS can potentially reflect the voices of residential neighborhoods, the Chamber of Commerce can reflect the voices of businesses, etc. Many stakeholders are organized into well managed groups, have regular meetings and readily engage the City.

Challenges: Similar to the dynamic with residents, there are instances where significant numbers of stakeholder s exist representing certain interests but other instances where there might be few or none. This risks creating inequity in the way certain interests are represented.

Opportunities: Efforts can be made to ensure input from stakeholder groups is complemented with more generalizable input from residents. Similarly, if particular interests are underrepresented among stakeholders, new groups can be created and/or engagement expanded. Working groups are also a great way to balance competing interests and create opportunities for sharing information and compromise.

External Partners
Sometimes engagement with external partners is required, as is the case when other agencies with jurisdiction are involved. Federal, Tribal, State and other local governments often must be engaged to advance certain programs and projects. In other instances , engaging with external partners is not required but may have significant advantages.

Challenges: While we always engage external partners as required, we don’t always engage as a means to add value and gain efficiency.

Opportunities: While there are some organizations, such as the CA League of Cities and the Coachella Valley Association of Governments that bring certain external partners to the table, there are myriad of other opportunities to engage where no formal convening group exists. Fostering relationships through periodic and regular meetings with key external partners helps to build and maintain relationships and functions as a means to generate new ideas on how to collaborate. This is especially true when there are shared interests.

Boards and Commissions
Boards and Commissions play a valuable role in that they tend to blend roles of residents, stakeholders and staff. Commissions are a component of resident engagement since Commissions are generally comprised of residents . The fact that Com missions are organized by topic area (Planning, Arts, Sustainability , etc.) gives them a quality similar to stakeholder groups. And being narrowly focused on niche issues provides a level of specialization.

Item 5C - 4
City Council Staff Report
January 13, 2022 – Page 5
Report on City Council Visioning Sessions

Challenges: Boards and Commissions sometimes lack strategic direction and priorities established by City Council. This sometimes leads to Commissions doing and creating work without clear guidance. Similarly, Boards and Commissions sometimes lack a means to effectively share insight and ideas with City Council. This leads to some confusion about roles and responsibilities, which makes the work of Boards and Commissions fluid, variable and sometimes expanded beyond enabling ordinances. The structure and function of Boards and Commissions varies, making it difficult to guide Staff in how to better facilitate Board and Commission work. Lastly, a lack of communication between Staff, Boar ds and Commissions and City Council has created tension and frustration.

Opportunities: Boards and Commissions could be evaluated and processes streamlined.

Roles and responsibilities can be clarified and documented and processes created to reinforce regular communication between Staff and City Council. Boards and Commissions could be integrated in the priority setting process to further ensure alignment between the work of Boards and Commissions and City Council.

Committees and Subcommittees
The use of committees is a valuable way to divide labor. Committees are often established by City Council but can also be a component of Boards and Commissions and stakeholder groups. Committees enable more detailed work that often can’t be performed by the larger body.

Challenges: Work of committees can sometimes expand beyond the intent or desire of the larger body. Committee work also often requires additional staff support, public meetings, legal review and other work that may be duplicative of the work done to facilitate the decision of the larger body. The committees sometimes lack clear direction, which leads to committees improvising. In addition, the use of committees, which by definition gather information and make recommendations to the entire Council, can lead to a feeling that a particular subject has already been decided on when it is brought to the Counc il, when in fact, the rest of the Council may have additional thoughts or input into the particular matter.

Opportunities: City C ouncil could consider reducing use of committees in order to minimize duplication of work and to reduce overall staff burden. When committees are used, they should be delegated by the whole body and include very well -defined parameters that add value, but don’t duplicate efforts. Working groups can be considered as an alternative to committees as they have the potential to retain what is valuable about committees while also adding opportunities for greater resident engagement.

City Council
City Council is unique to all other role players because it is the only body directly elected by residents. City Council serves at the pleasure of residents, and S taff, Boards and Commissions serve at the pleasure of City Council.

Item 5C - 5
City Council Staff Report
January 13, 2022 – Page 6
Report on City Council Visioning Sessions

Challenges: City Council has the luxury and the burden of listening to all role players and setting direction and expectations for Staff, Board s and Commissions and any City Council Committees. City Council is designed to act as a body, but individual Council Members also have roles to play as district representatives and as advocates for certain policy agendas. City Council is primarily concerned with policy-related “end’ goals, while Staff is primarily concerned with the “means” by which those ends are accomplished. City Council, as a part -time legislative body, has very limited time to complete its work and has endless demands placed on it from all other role players.

Opportunities: City Council could: 1) consider carefully when and to what extent work should be advanced by individual Council Members vs. City Council as a body ; 2) set clear expectations for Staff, Boards and Commissions and itself , and clarify roles to reduce confusion and duplication of efforts; 3) consider adding at least one study session per month; and, 4) target efficiency improvements for Council meetings to maximize time spent on the most important issues.

Staff is seeking direction on the priorities and process improvements outlined in this staff report. Pending review and amendment from City Council, next steps include the creation and presentation of workplans, submission of budget requests and follow up on any process improvement work as directed by City Council.

FISCAL IMPACT:

None.

REVIEWED BY:

City Manager: Justin Clifton

ATTACHMENTS:

A. S ummary of Priority Categories.

Item 5C - 6

ATTACHMENT A
Item 5C - 7

City of Palm Springs, CA
2021/22 Strategic Plan

The following Strategic Plan is designed to guide high priority work for the next 1‐3 years. While these priorities are comprehensive, they are not exhaustive.

Priorities are captured at a high conceptual level. More detailed work plans will be created to help turn high level priorities into operational level plans.

Mission:

Palm Springs is an inclusive, world class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations

Major Themes/ Principles:

Optimize basic services and facilities
Focus on issues that most impact quality of life
Narrow priorities to focus on most important issues first Priorities should be integrated when possible to maximize impact Social equity and sustainability unpin all priorities, programs, and projects

Item 5C - 8

Quality of Life

Environmental
Stewardship

Community
Infrastructure

Good Governance

Improve Homelessness
‐ Build a navigation center
‐ Coordinate service providers
‐ Improve security/ maintenance
‐ Expand homeless response
team
Accelerate Climate Action Plan
‐ Budget for two additional FTE
‐ Complete GHG analysis
‐ Target high value projects/
initiatives

Improve City Facilities
‐ Expand budget for maintenance
‐ Focus on parks and community
facilities
‐ Prioritize deferred maintenance

Enhance Service Levels
‐ Evaluate/ adjust staffing levels
‐ Create training programs
‐ Implement employee
engagement opportunities
‐ Update HR policies

Reduce Crime
‐ Evaluate staffing/ service levels
‐ Implement neighborhood
policing model
‐ Focus on violent crime
‐ Educate residents on preventing
property crime
Consider New Policies
‐ Implement 1383
‐ Desert Community Energy
‐ Commercial renewable energy
standards
‐ Community composting
‐ Clarify land conservation goals

5 Year Capital Improvements Plan
‐ Expand walking/ biking
infrastructure
‐ Identify high priority facilities
‐ Focus on parks and community
assets
‐ Accelerate street paving
Improve Communications
‐ Expand communication staff
‐ Improve Spanish language
communications
‐ Create strategic focus
Expand Housing Affordability
‐ Create housing plan
‐ Expand housing policies
‐ Pursue new affordable housing
developments
‐ Expand staffing
‐ Build housing programs

Develop Internal Policies/Practices
‐ Integrate Sustainability with
other departments/ initiatives
‐ Create green purchasing policies

Community Design
‐ Complete General Plan update
‐ Update zoning code
‐ Update design standards

Remove Barriers to Participation
‐ Adjust Council salary
‐ Add vehicle allowance
‐ Address childcare needs
‐ Create recognition program
Advance Economic Development
‐ Lobby for west valley College of
the Desert Campus
‐ Monitor broadband
opportunities

Improve Financial Management
‐ Clarify budget process
‐ Create asset management
program

Neighborhood Issues
‐ Review noise ordinance
‐ Create reparations program

Item 5C - 9

CITY COUNCIL STAFF REPORT
01/13/2022   5. D.

City Clerk -

SUBJECT

MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS

FIREFIGHTERS ASSOCIATION AND THE MANAGEMENT ASSOCIATION OF

PALM SPRINGS
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A MEMORANDUM OF
UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS FIREFIREFIGHTERS ASSOCIATION AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATIONS EXECUTING THE MEMORANDUMS OF UNDERSTANDING.

1. Authorize the City Manager to execute the Memorandum of Understanding (MOU) and all documents necessary to effectuate the above action, including the allocation and compensation plans, agreements and contracts, and any non-substantial MOU language or reorganization.

2. Attachments
Item 5D

CITY COUNCIL STAFF REPORT

DATE: January 13, 2022 New Business

SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE P ALM SPRINGS

FIREFIGHTERS ASSOCIATION AND THE PALM SPRINGS
MANAGEMENT ASSOCIATION.

FROM: Justin Clifton, City Manager

BY: Human Resources

The staff report for this item will be provided to the City Council and made available to the public on Monday, January 10, 2022.

CITY COUNCIL STAFF REPORT
DATE: J
anuary 13, 2022 NEW BUSINESS
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS

FIREFIGHTERS ASSOCIATION AND THE MANAGEMENT

ASSOCIATION OF PALM SPRINGS
FROM: Justin Clifton, City Manager
BY: Department of Human Resources
SUMMARY:

The Ci
ty has reached a tentative Memorandum of Understanding (MOU) agreement with the Palm Springs Firefighters Association (PSFA) and the Management Association of Palm Springs ( MAPS). The City Council will consider adopting a Resolution approving the Memorandums of Understanding between the City and the Associations.

RECOMMENDATION:

1. Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF P ALM S PRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF

UNDERSTANDING RELATIVE TO WAGES, HOURS , AND OTHER TERMS AND

CONDITIONS OF E MPLOYMENT FOR E MPLOYEES IN THE P ALM S PRINGS

FIREFIGHTERS AS SOCIATION AND THE MANAGEM ENT A SSOCIATION OF PALM SPRINGS FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 2023, SUBJE CT TO A SSOCIATIONS EXECUTING THE MEMORANDUMS OF UNDERSTANDING.”

2. Authorize the City Manager to execute the M emorandum of Unders tanding (MOU) and all documents necessary to effectuate the abov e action, including the allocation and compensation plans, agreements and contr acts, and any non-substantial MOU language or reorganization.

STAFF ANALYSIS:

The
City and representatives of PSFA and MAPS have met and conferred in good faith and have reached an agreement on the terms and conditions of the MOU governing employees of the City represented by PSFA and MAPS for the period July 1, 2021 through June 30, 2023.

Item 5D - 1
City Council Staff Report
January 13, 2022 -- Page 2

PSFA/MAPS MOU
The two-year term agreement with PSFA includes increases of base salary of 2% for Firefighters and Firefighter-Paramedics effective the pay period following approval of the MOU, and 2.5% for Firefighters and 2% for Fire Engineers and Captains effective June 5, 2022. Additionally, a $4,000 one-time lump sum payment, Longevity Pay maxing out at 10% after 20 years of service, and an Administrative Captain Assignment with 7% premium pay was also added. Other changes include an acknowledgment of the City’s built-in health care contribution increases and tiering of bilingual pay.

The two-year term agreement with MAPS includes increases of base salary of 3.25% effective the pay period following approval of the MOU, 3.25% effective June 26, 2022, a $50 monthly increase to the retirement health savings plan and a $2,500 lump sum payment for each member of the bargaining unit. Additionally, the agreement adds increased scheduling options and the Juneteenth holiday. Other changes include an acknowledgment of the City’s built -in health care contribution increases and tiering of bilingual pay and other minor enhancements.

The agreement w as reached through negotiations with PSFA and MAPS and the City
Negotiation team, which jointly recommend City Council adoption of the MOUs.

FISCAL IMPACT:

Dur
ing the term of the agreement the anticipated additional annual cost is:

PSFA
Year 1 Increase - $369,053
Year 2 Increase - $696,436
MAPS
Year 1 Increase – $378,289
Year 2 Increase - $364,883
Approval of the MOU will require an appropriat ion of $747,342 from General Fund balance.

REVIEWED BY:

Department Director: Jeremy Hammond
City Manager: Justin Clifton
ATTACHMENTS:

A. Res
olution.

B. Memorandum of Understanding.

Item 5D - 2
Attachment 1
Item 5D - 3
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN

THE PALM SPRINGS FIREFIGHTERS ASSOCATION AND

THE MANAGEMENT A SSOCIATION OF PALM SPRINGS
FOR THE PERIOD JULY 1, 2021 THROUGH JUNE 30,
2023, SUBJECT TO ASSOCIATION S EXECUTING THE
MEMORANDUMS OF UNDERSTANDING.

WHEREAS, Resolution 16438 designates the City Manager (acting personally o r through a delegee) with authority to meet and confer in good faith on matters within the scope of representation including wages, hours, and other terms and conditions of employment; and
WHEREAS, the City Negotiation Team has met and conferred in good f aith on wages, hours, terms and other conditions of employment with the Palm Springs Firefighters Association (“ PSFA”) and the Management Association of Palm Springs (“MAPS”); and
WHEREAS, as a result of such good faith negotiations , the City Negotiation Team have reached agreement with PSFA and MAPS on the terms and conditions of a Memorandum of Understanding ( “MOU”) governing employees of the City of Palm Springs within such Associations; and
WHEREAS, PSFA, MAPS and the City Negotiation Team jointly recommend adoption of such MOUs by the City Council;

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the Memorandum of Understandings between PSFA and the City, for the period July 1, 2021 through June 30, 202 3, on fi le with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

SECTION 2. That the Memorandum of Understandings between MAPS and the City, for the period July 1, 2021 through June 30, 202 3, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

SECTION 2. T he City Manager is authorized and direct ed to fulfill any meet and confer process(es) in accordance with these changes and execute documents necessary to effectuate the above actions in a form acceptable to the City Attorney.

Item 5D - 4
Resolution No. _____

ADO
PTED THIS 13TH DAY OF JANUARY 2022.

JU STIN CLIFTON

CITY MANAGER
ATTEST:

ANTHONY J. MEJIA, MMC

CITY CLERK
Item 5D - 5
Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, h ereby 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 Springs on January 13, 2022, 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 Springs, California, this 13th day of January, 2022.

ANTHONY J. MEJIA, MMC

CITY CLERK
Item 5D - 6

Attachment 2
Item 5D - 7

PALM SPRINGS

FIREFIGHTERS

ASSOCIATION
(PSFA)

MEMORANDUM OF

UNDERSTANDING
July 1, 2021 – June 30, 2023
Item 5D - 8
The Palm Springs Firefighters Association
Memorandum of Understanding
July 1, 2021 – June 30, 2023

GENERAL P
ROVISIONS ....................................................................................................................................... 1 ARTICLE 1, TERM ..................................................................................................................................... 1 ARTICLE 2, RECOGNITION ...................................................................................................................... 1 ARTICLE 3, PRACTICES ........................................................................................................................... 1 ARTICLE 4, FEDERAL AND STATE LAWS ............................................................................................... 1 ARTICLE 5, MAINTENANCE OF BENEFITS ............................................................................................. 2 COMPENSATION/OTHER PAY ............................................................................................................................. 3 ARTICLE 6, BASE SALARIES ................................................................................................................... 3 ARTICLE 7, OTHER COMPENSATION ..................................................................................................... 3 ARTICLE 8, OVERTIME ............................................................................................................................. 9 ARTICLE 9, PAYROLL CHANGES .......................................................................................................... 11 ARTICLE 10, UNIFORMS ........................................................................................................................ 11 ARTICLE 11, MILEAGE REIMBURSEMENT ........................................... ERROR! BOOKMARK NOT DEFINED.

BENEFITS ............................................................................................................................................................. 13 ARTICLE 12, HEALTH, DENTAL, VISION AND OTHER INSURANCE ................................................... 13 ARTICLE 13, HEALTH INSURANCE FOR RETIREES ............................................................................ 15 ARTICLE 14, RETIREMENT .................................................................................................................... 16 ARTICLE 15, IRS 125 PLAN .................................................................................................................... 17 ARTICLE 16, EDUCATIONAL REIMBURSEMENT ................................................................................. 17 WORK HOURS/ LEAVE ....................................................................................................................................... 18 ARTICLE 17, LEAVE ................................................................................................................................ 18 ARTICLE 18, PAYMENT IN LIEU OF HOLIDAYS .................................................................................... 20 ARTICLE 19, SICK LEAVE ....................................................................................................................... 20 ARTICLE 20, FORTY HOUR CONVERSION ........................................................................................... 21 ARTICLE 21, SHIFT TRADING ................................................................................................................ 21 ARTICLE 22, VACATION RELIEF ............................................................ ERROR! BOOKMARK NOT DEFINED.

ARTICLE 23, STAFFING .......................................................................................................................... 21 EMPLOYER/EMPLOYEE RELATIONS ............................................................................................................... 22 ARTICLE 24, NON-TOBACCO USE REQUIREMENT ............................................................................. 22 ARTICLE 25, CERTIFICATION ................................................................................................................ 22 ARTICLE 26, DMV PHYSICALS .............................................................................................................. 22 ARTICLE 27, BOMB SEARCH ................................................................................................................. 22 ARTICLE 28, SIDA BADGES ................................................................... ERROR! BOOKMARK NOT DEFINED.

ARTICLE 29, ELECTRONIC COMMUNICATION GUIDELINES ............. ERROR! BOOKMARK NOT DEFINED.

ARTICLE 30, STRIKES AND WORK STOPPAGES ................................................................................ 22 ARTICLE 31, LAYOFF AND RECALL ...................................................................................................... 23 ARTICLE 32, GRIEVANCE PROCEDURE .............................................................................................. 23 ARTICLE 33, DISCIPLINARY APPEALS PROCESS ............................................................................... 25 ARTICLE 34, ASSOCIATION BUSINESS BANK ..................................................................................... 30 ARTICLE 35, NO REQUEST FOR CHANGES DURING TERM ............................................................... 30 ARTICLE 36, REQUIREMENT TO LIVE WITHIN 75 MILES OF THE CITY LIMITS ................................. 30 ARTICLE 37, JOINT LABOR MANAGEMENT COMMITTEE ................................................................... 31 Item 5D - 9

1 MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF PALM SPRINGS
AND

THE PALM SPRINGS FIREFIGHTERS ASSOCIATION
JULY 1, 2021 – JUNE 30, 2023

GENERAL PROVISIONS
ARTICLE 1, TERM
The PALM SPRINGS FIREFIGHTERS ASSO CIATION and the CITY OF PALM SPRINGS (hereinafter referred to as the "City") agree as follows:

This Memorandum of Understanding (hereinafter referred to as “ MOU”) shall be for the period of July 1, 2021, through June 30, 2023 provided, however, that specific sections of this MOU shall have later effective dates as specified herein.

ARTICLE 2, RECOGNITION
This MOU is entered into with reference to the following facts:

Pursuant to the provisions of the Meyers-Milias-Brown Act, Gov ernment Code Section 3500, et. seq., the City of Palm Springs (hereinafter r eferred to as the "City") continues to recognize t he Palm Springs Firefighters As sociation (hereinafter referred to as the “Association") as the exclusive ly recognized employee organization for employees in the following classifica tions: Firefighter, Firefighter/Paramedic, Fire Engineer, Fire Engineer/Paramedic, Fire Captain and Fire Captain/ Paramedic
The Association and the City have met and conferred in good fa ith on wages, hours, and other terms and conditions of employment and have re ached agreements which are set forth in this MOU.

ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters pertaining to employer-employee relations including, bu t not limited to, wages, salaries, benefits, hours, and other terms and conditions of employment.

ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all pre sent and future applicable Federal and State laws and regulat ions and the provisions hereo f shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceabl e by any tribunal of competent jurisdiction, such par t or provisions shall be suspen ded and superseded by Item 5D - 10
A.

B.

C.

2 such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by employees represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof.

Item 5D - 11

3 COMPENSATION/OTHER PAY
ARTICLE 6, BASE SALARIES
Effective the pay period following Council approval of this MOU, unit members in the classifications of Firefighter and Firefighter/Paramedic shall receive a two percent (2.0%) salary increase.

Effective June 5, 2022, unit members in the classifications of Firefighter and Firefighter/Paramedic shall receive a two and one half percent (2.5%) salary increase.

Unit members in the classification s of Fire Engineer, Fire Engi neer/Paramedic, Fire Captain Fire Captain/Paramedic shall receive a two percent (2.0%) salary increase.

In addition to the above, each me mber of the bargaining unit em ployed on the day that the City Council approves this 2021-2023 MOU shall receive a lump sum payment of four thousand dollars ($4,000.00) which will be paid on the pay day for the pay period following City Council approval of this MOU.

For each classification represented by the Association, there i s one range on the salary schedule.

ARTICLE 7, OTHER COMPENSATION

7.1 Administrative Captain Assignment Pay

Employees at the rank of Fire Captain who are assigned as an Ad ministrative Captain shall receive assignment pay at the rate of seven percent (7%).

The parties agree that to the extent permitted by law, Administrative Captain Assignment Pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Special Assignment Pay.

7.1.1 Assignment to Administrative Captain

The parties agree that Fire Prevention Captain is an assignment in the classification of Fire Captain subject to the following:

Employees in the assignment w ork 40 hours per calendar week an d receive overtime compensation per this MOU for hours worked in excess o f their regular scheduled hours in the calendar week.

Employees in the assignment are still subject to the 24-day FL SA work period pursuant to the Section 7(k) partial overtime exemption provided for in Article 8.

The Fire Prevention Captain may work overtime shifts in suppression (full or partial as needed) as long as the overtime does not interfere with the Fire Prevention Captain’s regular assigned duties, special assigned overtime duties or shifts. Pay for work on such shifts is at the 56-hour rate for the classifi cation at which the employee works.

Item 5D - 12
A.

B.

C.

4 Employees at the rank of Fire C aptain shall be selected for th e assignment of Fire Prevention Captain following the provision of interest car ds to the Deputy Chief. If no one is selected base d on the provision of interest cards or if no employees submit interest cards for the assignment, the Fire Ch ief may assign an employee to the assignment. If that occurs the non-probatio nary Fire Captain with the least seniority will be selected for the assignment.

Employees who enter the assignment of Administrative Captain ( either by being selected following the provision of interest cards or by being assigned) will be required to stay in the assignment for a minimum of two (2) years from the date of entry into the assignment. If, after two (2) years, no other F ire Captain has expressed interest in the assi gnment, and if the incumbent in the assignment wants to stay in the assignment, the incumbent may stay in the assignment until another Fire Captain expresses interest in the assignment and i s selected.

However, if, after serving in the assignment for two years, the employee no longer wants to remain in the assignmen t, there will be a new selectio n process and another employee will be selected using the selection process d escribed above paragraph D.

Any Fire Captain in the assignm ent of Administrat ive Captain is not precluded at any time from seeking a promotion while in the assignment. If the employee is promoted while in the assignment, the employee will leave the assignment upon promotion.

7.2 Bilingual Pay

The City agrees to provide bilingual pay to up to six (6) employees per shift who are bilingual and who possess bilingual skills as set forth in this section

Employees hired prior to July 1, 2018, who become eligible for bilingual pay shall be eligible to receive up to five percent (5%) for bilingual pay. As each employee recertifies for eligibility for bilingual pay , employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Emp loyees shall receive two and one half percent (2.5%) for passing the speaking and listening portion of the bilingual proficiency exam and an additional two and one half percent (2.5%) for passing the writing portion of the bili ngual proficiency exam for up to a maximum of five percent (5%) of base salary.

Employees hired after July 1, 2018, who become eligible for bil ingual pay shall be eligible to receive up to two hundred and fifty dollars ($250) per month for bilingual pay.

As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual p roficiency examination.

Employees shall receive one hundr ed and twenty-five dollars ($1 25) per month for passing the speaking and listening portion of the bilingual pro ficiency exam and an additional one hundred and twenty-five dollars ($125) per month for passing the writing portion of the bilingual proficiency exam for up to a maximum o f two hundred and fifty dollars ($250) per month.

Item 5D - 13
D.

E.

F.

5 Employees who possess bilingual skills in American Sign Languag e will receive the full pay of two hundred and fifty dol lars ($250) per month for bilingual pay by passing the examination, but there will not be the same examination as for other languages (i.e., a speaking and listening and a writ ing bilingual proficiency exam ination). Such employees are subject to the same recertification requirements provided in this section.

The examinations shall be develop ed and administered by the Cit y to demonstrate fluency in writing and speaking and listening the desired secon d language. If the City decides to make any changes in the examinations, it will first inform the Association who may raise any impacts related t o the changes. All employees re ceiving bilingual pay must pass the prescribed exami nations for each skill (one for s peaking and listening and the other for writing) every two years to continue to recei ve bilingual pay for each skill. The City will notify emplo yees when they are required to re-test. An employee who passes one of the tests but not the other, will still be el igible to receive their respective bilingual pay (2.5% o r $125 per month for the skill passed. In addition, the employee may take a recertificati on examination after waiting a t least three (3) months after taking the recertification examination to which the emplo yee did not pass. If the employee does not pass that recertification examination, the em ployee shall not be permitted to take the recertifica tion examination for that skil l until their two-year cycle to recertify has passed. The City w ill notify employees when they are required to re-test.

An employee receiving the pay w ho does not pass both recertific ation examinations is not qualified to receive bilingual pay. If this occurs, the employee may be replaced by another employee who has passed either examination. If there are no other employees who are certified to receive b ilingual pay for either skill, the employee may take the recertification examin ations in both skills after waiting at le ast three (3) months after taking the initial rec ertification examina tions to which the em ployee did not pass. If the employee passes one of the two examinations, they shall the res pective incentive pay (2.5% or $125 per month) for bilingual pay. If the employee does not pass either or both of those subsequent recertification examinations, the employee shall not be permitted to take the recertification examination(s) for that skill until their two-year cycle to recertify has passed. The Human Resources Department will coordinate the recertification examination for each emplo yee receiving bilingual pay.

The parties agree that to the ex tent permitted by law, Bilingual pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Bilingual Premium.

7.3 Training Officer Pay

Employees except for Fire Captains who have specialized training which qualify them to teach other members of the depar tment during sanctioned or sche duled training events will be compensated five percent (5%) of base pay (for the entire 24-hour shift) for each day they teach. Secondary instructors may also be compensated 5% of base pay (for the entire 24-hour shift) for teaching with the primary instructor.

On or off duty class preparation time does not qualify for Trai ning Officer Pay, and the Battalion Chief has the authorit y to determine who receives the training officer pay.

Item 5D - 14

6 Courses and instructors must be identified prior to the class and must be approved by the Battalion Chief. Employees must receive advanced approval to f rom their supervisor to prepare for class off duty.

Classes approved for Training Officer Pay are:

Swift Water Rescue
Trench Rescue
Confined Space Rescue
High and Low Angle Rescue
Fire Control III
Haz Mat Decon
Haz Mat FRO

Additional classes may be authorized with the approval of the Fire Chief.

The parties agree that to the extent permitted by law, this pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Training Premium.

7.4 Scott Air Pak Technician

One Firefighter or Fire Engineer from each shift (three maximum) shall be designated as an approved department Scott™ Self Contained Breathing Apparatus (SCBA) Technician and receive five percent (5%) of base pay as incentive pay. The technicians are required to obtain their Scott™ SCBA repai r training, initial certificat ion, and recertification at the department’s expense in order to receiving incentive pay.

Each certified technician must maintain Scott™ training and cer tification per Scott™ requirements and meet the requirement of the department’s supervising Fire Captain in order to stay in the program.

Each technician shall be assigned at the discretion of the Fire Chief. The Battalion Chief has the ability to temporarily transfer the technician to other stations as needed for staffing and training purposes.

After six (6) years as a techni cian receiving incentive pay, ot her employees on that shift may request to enter the program and become a certified Scott™ technician. If a new employee is selected, the existing technician will no longer receive incentive pay once the new person has received their certification.

If the existing technician requests to remain in the program and another employee wishes to become a technician, the position will be given to the new c andidate provided they have been recommended by the Scott™ supervising Captain and the shift Battalion Chief.

If no other member on the shift wants to become a technician, the existing technician may stay in the program for another six-year term.

Existing Scott™ technician’s must notify the SCBA Captain and t he shift Battalion Chief six (6) months before their 2-year Scott™ certification expires if they wish to drop out of the program prior to completing the full six-year term.

Item 5D - 15
• • • •
•
• •
7 The
department will make every effort to keep Scott™ technician s assigned to their respective shifts however that cannot be guaranteed. If two (2) or more technicians are assigned to the same shift, the department may require the tran sferring technician to forfeit their incentive pay upon the next recertification, so t hat another shift can have a technician assigned.

In order to enter the program, a member must submit a memo in w riting to the shift Battalion Chief stating the reasons why they would be a good Sc ott™ technician.

Applications will be reviewed b y the SCBA supervising Captain, and the shift Battalion Chief. An oral interview may also be required. A final recommendation will be given to the Fire Chief who will make the decision.

7.5 Emergency Callback Pay
Employees
called back to work to respond to an emergency will r eceive a minimum of four (4) hours callback pay. Employees shall be compensated for their travel time to respond to the emergency up to a maximum of one (1) hour. This pay for travel time pay is part of the minimum of four hours. 'Emergency' shall be def ined as engaging or combating fires, floods, accident s, or involvement in other dis aster operations, but shall not include coverage for minimum staffing or regularly schedule d or prescheduled, non- emergency work or duty time.

The employee must take this compensation as pay, not compensato ry time off. When employees work to respond to an emergency, the time shall be compensated at time and one half their regular rate of pay. For non-emergency worktime, employees shall be paid overtime if they qualify for overtime per Article 8 of this MOU.

Employees who are called back to w ork to cover for another empl oyee who is absent (generally employees called back through Telestaff) are not entitled to travel time back to the City. However, if an employ ee is called back to address an emergency (defined as engaging or combating fires, fl oods, accidents, or involvement in other disaster operations, but shall not include coverage for staffing per Article 23 or regularly scheduled or prescheduled, non-emergency work or duty time) shall receive up to a maximum of one hour (1) of travel time to return to the City for the emergency. There is no travel time to return home. Travel that occurs once at work (i.e., during the workday) is compensable.

7.6 Shift Fire Investigator Pay
Upon
completion of the certification requirements of the California Office of the State Fire Marshal certification program for fire investigators, unit members assigned as a Shift Fire Investigator shall receive five percent (5%) of base pay. The Fire Chief retains discretion to assign qualified employees to th is assignment. A maximum of two (2) employees on each shift (for a total of six (6)) may qualify for this assignment.

The following prerequisites are to be completed in order to receive Shift Fire Investigator pay:

Item 5D - 16

8 Complete Shift Fire Investigator interview and assignment process as outlined by the Fire Chief.

Complete the CA State Fire Trai ning Prerequisites for Fire Investigator:
a) Basic Electricity
b) Ethics and the Fire Investigator
c) Introduction to Evidence
d) Motive, Means, and Opportunity : Determining Responsibility in an Arson Case
e) Interview and Interrogation course #31445 (40 hours) (POST) f) PC 832 Arrest #80102 (40 hours) (POST)
The parties agree that to the ex tent permitted by law, the pay in this article is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(4) Fire Investigator Premium.

7.7 Acting Pay

Employees who are required to work in higher classification for a period in excess of two (2) hours in any workday shall receive acting pay as follows:

If the employee works two (2) th rough twelve (12) hours, the em ployee shall receive pay equivalent to five percent (5%) for 12 hours at the employe e’s regular hourly rate of pay. The parties agree that to t he extent permitted by law, acting pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(3) temporary upgrade pay.

If the employee works more than twelve and up to twenty-four hours, the employee shall receive five percent (5%) for 24 hours at the employee’s regula r hourly rate of pay.

Unit members elected to work out of classification as Fire Engi neers, Fire Captains or Fire Battalion Chiefs are those members who have successfully passed the examination for promotion to the position of Fire Engineer, Fire Captain, or Fire Battalion Chief. Those individuals who have successfully completed their task book for the position of Fire Engineer, Fire Captain or Fire Battalion Chief are also eligible to work out of classification if a member who has successfully passed the examination for promotion is unavailable to work out of class. Firefighters, Fire Engineers and Captains are required to act as Fire Engineers, Fire Captains and Fire Battalions Chiefs when called upon to do so.

7.8 Education Incentive Pay

7.8.1 Educational Degrees

City agrees to compensate Firefighters and Fire Engineers an additional 5% of base pay for an Associate's Degree, 7.5% of base pay for a Bachelor's Degree, or 10% of base pay for a Master's degree from a college or university accredited by either or both the Council for Higher Education Accreditati on (“CHEA”) and/or the U.S. Dep artment of Education Item 5D - 17

1. 2.

9 (“USDE”). Fire Captains receive 2.5% for a Bachelor's Degree, or 5% of base pay for a Master's Degree. The pays for earning a degree are not are not cumulative. An employee can only receive one level of pay for a degree.

7.8.2 Educational Certifications

City agrees to compensate Firefighters and Fire Engineers 2.5% of base pay for a State Fire Officer’s Certificate. This 2.5% pay will also be provide d if a Firefighter or Fire Engineer has completed the mandator y course work to obtain the California Office of State Fire Marshal (OSFM) Company Officer Task Book, currently Company Officer 2A, 2B, 2C, 2D, 2E, and Instructor 1 courses.

City agrees to compensate Fire Captains 2.5% of base pay for a State Chief Fire Officer’s Certificate. The 2.5% pay will also be provided if a Fire Capt ain has completed the mandatory course work to obtain the California Office of State Fire Marshal (OSFM) Chief Fire Officer Task Book, currently Chief Fire Officer 3A, 3B, 3C, 3D and ICS-300.

The parties agree that to the ex tent permitted by law, the pays in this article are special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Pay.

7.9 Longevity Pay:

Effective on the first day of the pay period following City Cou ncil approval of this MOU, employees in this bargaining unit shall receive longevity pay b ased on their years of service in a classification represented by this bargaining unit as an employee of the City of Palm Springs (time served in another agency does not count) as follows:

10 years – 11 years and 364 days – 2.5%
12 years – 13 years and 364 days – 3.5%
14 years – 15 years and 364 days – 4.5%
16 years – 17 years and 364 days – 6.0%
18 years – 19 years and 364 days – 7.5%
20 years or more – 10%

These pays are not cumulative. Once an employee becomes eligible for the next level of longevity pay, they shall qualify for that level and no longer receive the prior level.

The parties agree that to the ex tent permitted by law, longevit y pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.

ARTICLE 8, OVERTIME

8.1 Work Period

The employees in the unit work a 24-day FLSA work period in accordance with Section Item 5D - 18

10 7(k) of the Fair Labor Standards Act (FLSA). Per the 24-day work period, overtime shall be compensated at time and one-half for the work performed in e xcess of one hundred and eighty two (182) hours in the work period.

8.2 “48/96” WORK SCHEDULE

Fire suppression personnel work a “48/96” work schedule. The “ 48/96” work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours) of scheduled work followed by four consecutive days (for a total of 96 consecutive hours) off-duty.

8.3 Hours Worked

For employees hired on or before December 31, 2012, all compensated time off shall be counted as time worked for purposes of computing overtime. For employees hired after January 1, 2013, sick leave does not count as hours worked for purposes of computing overtime. In calculating hours worked where sick leave has been used, the City will look at each 14-day pay period separat ely to determine if overtime is owed. However, other forms of compensated time off shall be counted as hours worked for purposes of computing overtime.

8.4 TeleStaff™

The Fire Department will continue to use TeleStaff™, an automat ed staff scheduling software system to administer overtime whenever more than twelve (12) overtime hours are available. The Association shall be represented on the Fire Department "TeleStaff™ Software Committee" to assist in the design, implementation, an d resolution of issues related to the program’s use. Telestaff shall follow rules outlined in the Palm Spring Fire Department’s policies and procedures manual.

8.5 Declining an Overtime Assignment

Employees who are offered an overtime assignment may decline that overtime assignment without losing their position on the overtime assignment list.

8.6 Contract Overtime

Contract overtime (i.e., special detail work for another employ er that is arranged by and contracted through the City) shall be paid rather than accrued as compensatory time off.

8.7 Compensatory Time Off

Employees assigned to shift duty shall not accumulate compensatory time off (CTO) in excess of one hundred and ninety two (192) hours. Upon separation, all unpaid accrued CTO will be paid at the employee's regular rate of pay.

By December 15 of each year, employees may make an irrevocable election to cash out up to 192 hours of CTO that they may earn in the following calendar year. In the following year, the employee can receive the cash for CTO they irrevocably elected to cash out in Item 5D - 19

11 either two (2) separate increments of up to 96 hours or one (1) increment of 192 hours.

The employee would be paid one half of what they irrevocably elected to cash out hours on both the second pay day in July and the first pay day on Dec ember (assuming they have earned it) or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December. However, if the employee ’s CTO balance is less than the amount the employee elected to cash out (in the prior calendar year) the employee will receive cash for the amount off CTO the employee has earned at the time of the cash out.

If an employee makes an irrevocable election to cash out CTO in the following calendar year and uses CTO in that subsequent year, the CTO used will co me from annual leave the employee had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensure that assuming an employee had a CTO balance prior to January 1, the CTO used will not result in a reduction in th e amount of CTO the employee will be eligible to cash out.

Employees with compensatory time off banks of 192 hours must use compensatory time off to lower the time in their bank below 192 hours to be able to accrue additional compensatory time off.

Requests to use more than twelve (12) hours of compensatory tim e will be granted if reasonable notice is given as long as granting the leave is not unduly disruptive to the Department. Unduly disruptive is defined by Department of Labo r regulation 29 CFR section 553.25(d).

ARTICLE 9, PAYROLL CHANGES
The Department will not process payroll changes that are less than a full 24-hour shift for members after the shift is complete at 8:00 a.m. on payroll Fri day. Payroll changes will be made for individuals who have full 24-hour shifts to be debi ted or credited. All other payroll adjustments will be carried forward to the following pa y period including emergency callback.

Employees who work overtime must determine by 8:00 p.m. on the shift whether they want to receive the overtime as pay or compensatory time off fo r the shift and must communicate their decision to the shift Battalion Chief on duty . Changes in such determination by the employee will not be accepted after 8:00 p.m. on the shift.

ARTICLE 10, UNIFORMS

10.1 Uniform Allowance

City agrees to pay a uniform allo wance of $125.00/month to each employee as a reimbursement for expenses incurred for acquisition and maintenance of uniforms.

The parties agree that to the extent permitted by law, uniform allowance shall be reported to CalPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report as special Item 5D - 20

12 compensation, the value of the uniforms for a unit member employed on or before December 31, 2012. “New members” as defined under the Public Employees’ Pension Reform Act of 2013 will not have the value of the uniforms reported as special compensation.

10.2 Class “A” Dress Uniforms

All employees are required to purchase and possess an approved “Class A” dress uniform upon completion of their first year of probation as a full time member of the Palm Springs Fire Department.

Thirty (30) days after the employee has completed probation, they are to submit a receipt to their supervisor to be forwarded to the Fire Chief verifying that the uniform has been ordered and purchased.

Employees wishing to have the Cit y pay the initial cost of the uniform shall order the uniform from an approved supplier. The approved supplier will then invoice the City for the full cost of the uniform and the employee will then pay back the City for the full cost of the uniform in twelve (12) equal installments deducted from their pay check.

Only one City sponsored purchase can be made for the uniform. If the employee wishes to purchase additional uniform accessories at a later time, or from another supplier, they must pay for those items without City assistance.

Item 5D - 21
13 BENEFITS

ARTICLE 11, HEALTH, DENTAL, VISION AND OTHER INSURANCE
This article sets forth various insurance benefits available to Unit members. The amounts provided by the City for health, dental and vision insurance for 2021 are set forth below.

In the event that the premium charges for the health, dental or vision benefits exceed the total premium costs for the prio r year by four percent (4%) or more, the amount of the excess shall be paid by the Unit member through a payroll deduction. Each calendar year, the City will pay up to a four percent (4%) increase above the prior year’s premium rates.

The Association acknowledges that the City’s agreement to pay up to four percent (4%) of the increases for health, dental and vision insurance is a valuable benefit. The Association agrees that each year, once the increase in the costs of health, dental and vision is known, the amount that will be paid for by the City will be calculated based on the then current number of employees in the bargaining unit. The City will then inform the Association as to what those increased costs will be so that the Association is aware of how much more the City will be spending on these benefits in the following ca lendar year. The City will consider these increased costs in evaluating its positions in collective bargaining.

The above
explanation of the heal th, vision and dental contribu tions are described with the following example involving the 2019-2022 rates:

In 2019, the Blue Shield single party rate was $1051.17.

In 2020, the rate increased by 3.90% to $1092.17.

In 2020, the City paid the 3.90% increase = $41.00 increase an d the employee paid the remainder. Thus, in 2020 , the premium rate was $1092.17 and the City paid $966.68 + $41.00 = $1007.68 and the employee paid $84.49.

In 2021, that same rate went down to $1077.72. This was a 1.32% decrease over the 2020
rate. The parties agree that it was the City’s responsibility to pay the first 4% of the 2021 increase on top of the 2020 premium. Since the 2020 rate was $1092.17, and 1.32% of that amount $14.45, the City’s decrease for 2021 is $14.45 which is subtracted from what it was paying in 2020. $1007.68 -14.45 = $993.23.

The employee pays no increase for 2021 as the premium amount di d not exceed the 4% that the City contributes.

For 2022, the City will pay the amount of any increase in the health i nsurance up to 4% over the 2021 premium of $1077.72. That increase (if any) will be added to the City’s 2021 contribution of $993.23.

Vision and Dental Insurance are calculated exactly the same way as described above for health insurance.

Item 5D - 22
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B.

C.

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14 11.1 Health, Dental and Vision Insurance

Employees shall remain in the City’s medical plan for Police and Fire Employees, which is currently Blue Shield of California, and shall not be eligible for any other City insurance plan for the duration of this MOU.

The City agrees to contribute up to the amounts below for calen dar year 2021 for employees toward health (including hospitalization and drug cov erage), dental and vision insurance. Employees will sign verification of dependent eligibility annually at open enrollment.

City Contribution for 2020
Type of Coverage Health Dental Vision
Single Party $1.007.68 $37.07 $13.42
Two-Party $1.934.22 $53.47 $13.42
Family $2.049.65 $79.52 $13.42

City Contribution for 2021
Type of Coverage Health Dental Vision
Single Party $993.23 $37.07 $13.42
Two-Party $1906.49 $53.47 $13.42
Family $2020.26 $79.52 $13.42

City Contribution for 2022
Type of Coverage Health Dental Vision
Single Party $1.025.56 $38.37 $13.42
Two-Party $1968.55 $56.20 $13.42
Family $2086.02 $84.36 $13.42

The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and vision insurance. The enrollee must provide a copy o f t h e D e c l a r a t i o n o f Domestic Partnership, Proof of Domestic Partner Relationship as issued by a governmental agency, Statement of Financial Liability for Domes tic Partnership, Statement of Financial Liability fo r Domestic Partner Health Be nefits and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier.

For medical coverage, if an employee elects to opt out of cover age offered by the City, they must provide proof of “min imum essential coverage” (as def ined by the Affordable Item 5D - 23
15 Care A
ct) through another source (other than coverage in the individual market, whether or not obtained through Covered California).

11.2 Term Life Insurance
The City
agrees to provide Term Life Insurance coverage at no cost to employees in the amount of fifty thousand dollars ($50,000).

ARTICLE 12, HEALTH INSURANCE FOR RETIREES
Tier I” – Applicable to All Employees Hired Before November 1, 2006 For
an employee who retires from the City after 20 years of con tinuous service, the City shall pay 75% of the cost of "retirees" health premium plan being covered at the time of retirement.

For an employee who retires from the City after 25 years of con tinuous service, the City shall pay 100% of the cost of "retirees" health premium plan being covered at the time of retirement.

The City will pay up to family coverage.

A Tier 1 employee who retires from active service as a Palm Springs employee who has not completed 20 years of City service shall be entitled to participate at their own cost in the medical, hospitalization, and prescription drug coverage plan provided in Article 11.

All employees eligible for retiree medical benefits who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions.
“Tier II” –Applicable to All Employees Hired on or After November 1, 2006 For all
employees hired after November 1, 2006, there will be no City contribution for retiree health benefits. T he City will contribute $100.00 per month (which is increased to $150 per month effective on the first day of the m onth following City Council approval of this 2021-2023 MOU) for each such employee to a Retiree Health Savings Plan (during empl oyment). The City will pay the administrative costs of this Plan.

A Tier 2 employee who retires from active service as a Palm Spr ings employee, shall be entitled to participate at their own cost in the medic al, hospitalization, and prescription dru g coverage plan.

Item 5D - 24
A.

B.

16 ARTICLE 13, RETIREMENT

13.1 Retirement Formula

Employees (and not “new members” as defined by the Public Emplo yees’ Pension Reform Act of 2013 - PEPRA) hired prior to December 17, 2011 ar e covered by the 3% @ 50 formula provided for by the Public Employees’ Retirement L aw at Government Code section 21362.2. These employ ees’ retirement will be calcu lated pursuant to the optional benefit (in the City’s contract with CalPERS) of singl e highest twelve month period.

Employees (and not “new members” as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired on or after December 17, 2011 are covered by the 3% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code section 21363.1. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Employees who are defined as “ new members” under the PEPRA, are covered by the

2.7% @ 57 formula provided for by the PEPRA at Government Code section 7522.25(d).

These employees’ retirement will be calculated per the three ye ar average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

13.2 Employee Contributions to the Retirement System

Employees subject to the 3% @ 50 and 3% @ 55 formula:

Employees shall pay their nine percent (9%) member contribution.

These employees shall also pay t hree percent (3%) compensation earnable for cost sharing in accordance with Government Code section 20516(a).

Employees subject to the 2.7% @ 57 Formula – “New Members” as defined by PEPRA:

These employees shall pay the statutorily mandated employee contribution rate of one half of the total normal cost as determined by CalPERS in t heir annual valuation.

13.3 Adoption of IRS Code Sect ion 414(h)(2) Resolution

The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term is used in section 414(h)(2)) of their employee contributi on and cost share is made on a pre-tax basis.

13.4 Optional Benefits

The City contracts with CalPERS for the following optional benefits:

Item 5D - 25
A.

B.

17 Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551
Death Benefit – Gover nment Code section 21620
Post Retirement Survivor Allowance – Government Code sections 21624/26/28 and 21635
1959 Survivor Benefit Level 4– Government Code section 21574 Employees pay the employee premium for this benefit.

Military Relocation Credit - Government Code section 21024 Sick Leave Credit - Gover nment Code section 20965
Final Compensation Period One Year - Government Code section 2 0042 for classic members
2% Cost of Living Allowance - Government Code section 21329 Prior Service - Government Code section 20055
ARTICLE 14, IRS 125 PLAN
The City agrees to provide an IRS 125 health care and dependent care reimbursement Plan for employees. Employees who subscribe to the plan shall p ay the Plan Administrator's fees.

ARTICLE 15, EDUCATIONAL REIMBURSEMENT
Employees shall be entitled to receive up to $2,000 per fiscal year for courses either approved through the Tuition Reimbursement Program or for other work-related courses approved in advance at the discretion of the Fire Chief and the Human Resources Director.

However, the City shall budget for the Tuition Reimbursement Program and once the funds in the budget for the Program have been exhausted by employees accessing the funds, no additional funds for tuition reimbursement are required to be paid.

Item 5D - 26
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18 WORK HOURS/ LEAVE
ARTICLE 16, VACATION

16.1 Accrual and Vesting

Employees shall accrue vacatio n annually on the anniversary of the individual's most recent hire date, with the fir st accrual being made after one ( 1) year of continuous service. There shall be no monthly prorating. A fter one (1) year of continuous service, said accrual shall be made monthly in accordance with the appropriate vacation accrual schedule.

16.2 Accrual Rates for 56-hour Workweek Shift Employees

Firefighters and Fire Engineers assigned a fifty-six (56) hour shift workweek shall accrue vacation at the following rates:

Completion of Continuous
Years of Service
Shift Hours Accrued For
Each Full Month
1 Through 5 12
6 Through 10 16
11 Through 15 20
16 and after 22

Fire Captains assigned a fifty-six (56) hour shift workweek sha ll accrue vacation at the following rates:

Completion of Continuous
Years of Service
Shift Hours Accrued For
Each Full Month
0 Through 5 16.8
6 Through 10 19.6
11 and after 22.5

16.3 Accrual Rates for 40- hour workweek Employees

Firefighters and Fire Engineers assigned a forty (40) hour workweek shall accrue vacation at the following rates:

Completion of Continuous
Years of Service
Hours Accrued For Each
Full Month Worked
1 Through 5 8.57
6 Through 10 11.43
11 Through 15 14.29
16 and after 15.71
Item 5D - 27

19 Fire Captains assigned a forty (40) hour workweek shall accrue vacation at the following rates:

Completion of Continuous
Years of Service
Hours Accrued For Each
Full Month Worked
0 Through 5 12
6 Through 10 14
11 and after 16

16.4 Maximum Accrual of Vacation

Employees assigned a fifty-six (56) hour shift workweek shall n ot accrue vacation hours beyond the maximum of four hundred fifty-six (456) hours. Employees assigned to a forty (40) hour workweek shall not a ccrue vacation hours beyond the m aximum of three hundred twenty-five and seventy-one hundredths (325.71) hours.

An employee who has accrued the maximum hours of vacation will not continue to accrue vacation hours until they use vacation to reduce their accrual below the maximum accrual.

An employee cannot accrue vacation hours above the specified maximum accrual.

16.5 Vacation Cash-Out

By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of vacation that they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the vacat ion they irrevocably elected to cash out in either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 16 hours per month – 192 hours per year, 96 hours each) or one (1) increment of up the maximum they can accrue in a year.

The employee would be paid one half of what they irrevocably elect to cash out hours on both the second pay day in July and the first pay day in Decemb er or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December.

However, if the employee’s vacation balance is less than the am ount the employee elected to cash out (in the prio r calendar year) the employee w ill receive cash for the amount of vacation the employee has accrued at the time of the cash out.

If an employee makes an irrevocable election to cash out vacation in the following calendar year and uses vacation in that subsequent year, the vacation used will come from vacation the employee had earned prior to January 1 of the year the employee has elected to cash out vacation. This is to ensure that assuming an employee had a vacation balance prior to January 1, the vacation used will not result in a reduction in the amount of vacation the employee will be eligible to cash out.

16.6 Vacation While on Occupational Injury Leave or Sick Leave

Employees who are on an occupational injury leave or sick leave and reach the maximum Item 5D - 28

20 vacation accrual may request a temporary lifting of the maximum four hundred fifty-six (456) hours accrual by giving written notice to the Chief. In such cases, the member shall be permitted to continue to accrue vacation over four hundred f ifty-six (456) hours from the time such notice is given unt il the next regular vacation c ash out date. On the next regular vacation cash out date, the employee must cash out at least all vacation in excess of four hundred fifty-six (456) hours or the employee will lose such excess hours. The employee will not be entitled to accrue vacation in excess of f our hundred fifty-six (456) hours on and after the date of the next regular vacation cash o ut date. Members on occupational injury leave or sick leave may cash out their vaca tion pursuant to Article

16.5. This paragraph shall apply on a per injury basis.

16.7 Vacation Usage

A maximum of five suppression personnel with a maximum of three per rank shall be permitted to use vacation per shift.

16.8 Disposition of Accrued & Vested Vacation Upon Termination

Upon termination, all accrued and vested annual leave will be p aid at the employee’s current hourly rate. All accrued and vested vacation of deceased members shall be paid to the estate of said deceased except as otherwise provided by law.

ARTICLE 17, PAYMENT IN LIEU OF HOLIDAYS
In lieu of all City recognized holidays, employees shall be paid 5.14 hours (for employees working the suppression shift of an average of 56 hours per wee k) and 3.67 (for employees working a 40-hour per week assignment) per pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate.

The parties agree that to the extent permitted by law, the compensation in this section is special compensation for those employees who are normally required to work on an approved holiday because they work in positions that require sc heduled staffing without regard to holidays and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(5) holiday pay.

ARTICLE 18, SICK LEAVE

18.1 Accrual Rates

Employees shall accrue sick leave as follows:

56-hour rate (suppression ra te) at 12 hours per month. 40-hour rate for employees assigned to a 40 hour per week sche dule – 8.57 hours per month.

18.2 Sick Leave Maximum Accrual

Sick leave shall accrue to a maximum of three (3) months or sev en hundred and twenty Item 5D - 29
• •

21 (720) hours (514.29 hours for employees on a 40-hour shift). N otwithstanding the preceding sentence, if an employ ee’s accrued sick leave reaches 720 hours, (514.29 hours for employees on a 40-hour s hift) they will continue to a ccrue sick leave in that calendar year subject to the following: An employee may cash o ut any accrued sick leave above 720 hours ( 514.29 hours for employees on a 40-hour shift) in the last pay period in July, if an employee still has sick leave on the book s in excess of 720 hours (514.29 hours for employees on a 40-hour shift) by the pay day for the first pay period of December, the unused sick leav e above 720 hours (514.29 hours f or employees on a 40-hour shift) shall be compensated by a cash payment on the pa y day for the last pay period in December in an amount equal to the member's straight time hourly rate of pay for those unused accumul ated sick leave hours.

18.3 Sick Leave Cash Out at Retirement

Employees shall be paid for all accrued, vested and unused sick leave upon a public safety service or disability retirement. Per Article 13.4, emp loyees also have the option to convert unused sick leave to credit.

ARTICLE 19, FORTY HOUR CONVERSION
Employee leave benefits (vacation, compensatory time and sick leave) shall be converted to accommodate those members who work an average of forty (40) hours per week (shift hours/1.4 = 40 hour conversion).

Fire Captains who convert from a 56- hour per week suppression s hift assignment to a 40-hour per week assignment shall have their leave accruals d ivided by 1.4 when entering that assignment. Fire Captains who convert from a 40- hour per week assignment to a 56 hour per week suppression shift assignment s hall have their leave accruals multiplied by 1.4 when entering that assignment.

ARTICLE 20, SHIFT TRADING
Shift trades are provided per Fire Department Policy.

There is no limit on the number of shift trades an employee may enter into, but employees shall notify management no later than 24 hours prior to the exchange taking place.

ARTICLE 21, STAFFING
The station safety shift staffing shall be not less than 20 per day City-wide.

The parties agree that either party may reopen negotiations dur ing the term of the MOU regarding this Article.

Item 5D - 30

22 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 22, NON-TOBACCO USE REQUIREMENT
All employees shall not use tobacco products on or off duty thr oughout the term of their employment. This includes, but is not limited to, all e-cigarettes.

ARTICLE 23, CERTIFICATION REQUIREMENTS
As a condition to participation in an examination for promotion to Fire Engineer, an employee must continue to be certified on an aerial unit, a triple combination pumper, and an ARFF unit prior to the examination application closing date.

All Fire Engineers must continue to be certified on all apparat us before the end of their probationary period.

ARTICLE 24, DMV PHYSICALS
The City does not pay for medical exams that were formerly required by the Department of Motor Vehicles. Should the Department of Motor Vehicles reinstate that requirement for Fire Engineers, then City will resume payment for those medical exams, provided the affected employees utilize the physician(s) designated by the City.

ARTICLE 25, BOMB SEARCH
Employees will not be required to perform bomb searches. Upon receipt of a bomb threat, employees shall be asked to stand by should a rescue or suppression become necessary.

ARTICLE 26, STRIKES AND WORK STOPPAGES

26.1 Prohibited Conduct

The PSFA, its officers, agents, representatives and/or employees agree that, they will not cause or condone any strike, sympathy strike, walkout, slowdown, sick out, or any other unlawful and/or concerted job action by withholding or refusing to perform services.

26.2 Any employees who participate in any conduct prohibited in 26.1 above shall be subject to suspension, demotion, or dismissal by the City.

26.3 In addition to any other lawful remedies or disciplinary actions available to the City, if the Unit fails, in good faith, to perform all responsibilities listed below in 26.4 - The Association Responsibility, the City may su spend any and all rights and pri vileges accorded to the Association in this MOU, including but not limited to suspension of the Grievance Review Item 5D - 31

23 Procedure and Dues Deduction.

26.4 The Associati on Responsibility

In the event that the Associatio n, its officers, agents, repres entatives, or employees engage in any of the conduct prohibited in 26.1 - Prohibited Co nduct, the Association shall immediately instruct any such persons engaging in such co nduct that their conduct is in violation of this MOU and unlawful, and they must immedia tely cease engaging in conduct prohibited in said Section 26.1 and return to work.

ARTICLE 27, LAYOFF AND RECALL
The Association agrees to Personnel Rule 13.3 Layoff and Recall, except as modified herein. If an employee bumps to a lower classification as a re sult of layoffs, the employee's "Classification Seniority" in the lower position will be defined as all of the time in any of the classifications in the Association. Layoff of any employees shall be made in the following order: Employees shall be laid off by classifica tion in the reverse order of seniority in that classification. In the event that two (2) or more employees in the same classification have the same classification seniority, then layoff shall be made on the basis of final ranking on the eligibility list for the position, then departmental seniority, then City seniority.

27.1 Seniority
, “Seniority” shall mean “the l ength of the employee’s continuo us unbroken service with the City.

An employee who separates from the City for any length of time and for any reason but who returns to employment with the City shall have the calculation of seniority based on the most recent date of hire. Any prior service for the City prior to separation shall not be considered.

ARTICLE 28, GRIEVANCE PROCEDURE

28.1 Definition of Grievance

A “Grievance” is a dispute of one or more employees or a dispute between one or more employees involving the interpretation, application or enf orcement of the provisions of the MOU, or of the Personnel Rules and Regulation s that are within the statutory scope of representation, and for which there is no specific method of review provided by federal, state or local law. A grievance may also be filed by the Association.

Reviews of allocations or reallocations of positions as descri bed Personnel Rule

4.3.3 or reviews of examinatio n ratings as described Personnel R u l e 7 . 7 a r e excluded from the grievance procedure. Allegations of harassment, discrimination or retaliation are also excluded from the grievance procedure a s they are addressed by a separate procedure.

Item 5D - 32
A.

B.

24 Release or lay-off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure.

28.2 Time Limits and Waivers

Working Days - For purposes of the Grievance Procedure, working days, further referred to as “days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days, currently Monday-Thursday, excluding holidays.

Initiation - An employee must initiate the grievance within fi fteen (15) days of the occurrence of the event giving rise to the grievance or within fifteen (15) days after the grievant should, with reas onable diligence, have had knowle dge of such occurrence, whichever is later.

Management Reply - Failure by m anagement to reply to the employee's grievance within the time limits specified under the grievance procedure shall automatically grant the employee the right to process the grievance to the next level of review.

Failure to Submit to Next Level - If an employee fails to subm it from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall no t be subject to further consid eration and will be deemed resolved.

Waiver by Mutual Agreement - Any level of review or any time limits established in the procedure may be waived or extended by mutual agreement bet ween the employee and management, which must be confirmed in writing.

Outside of Authority - If the supervisor, manager, or departme nt head designated by the grievance procedure below to receive the grie vance determines that they do not have the authority to resolve it, t hat supervisor, manager, or department head, shall so inform the grievant and f orward the grievance to the next higher level of supervision with authorit y to resolve it, if applicable, or advise the grievant in writing they may continue to the next level in the process.

28.3 Informal Resolution

The responsibility of an employee with a grievance of employme nt is to promptly inform and discuss the grievance with the department supervisor or designee in order to, in good faith, endeavor to resolve the matter expeditiously and informally.

If the grievance is filed by the Association, it does not need to follow the informal resolution process. It can file a written grievance per Article 28.4 with a supervisor who works in the department to which the grievance relates.

If such informal discussion does not resolve the grievance to the employee’s satisfaction, such employee may file a formal grievance in acco rdance with the procedure set forth in this section.

Item 5D - 33
C.

D.

E.

F.

G.

H.

I.

A.

B.

25 28.4 Procedure

The employee shall provide the grievance in writing, with signature and date, and submit it to their immediate supervisor within fifteen (15) days of the initial commencement of the occurrence being grieved. The supervisor sh all further consider and discuss the grieva nce with the employee and such e mployee’s designated representative as deemed appropriate, and shall, wit hin fifteen (15) days of having received the written grievance, submit a respons e thereto in writing to the employee and the employee’s representative, if applicable.

If the written response of the immediate supervisor does not r esult in a resolution of the grie vance, the employee ma y further submit the grievance, by presenting a written request, with date and signature, to the e mployee’s department head within seven (7) days of the employee’s receipt of the supervisor’s response. The dep artment head may investigate the grievance and may set a meeting with the employee, employee’s designated repr esentative, and other persons as deemed appropriate to consider the grievan ce. Within thirty (30) days of receipt of the grievance by the department head, the department head shall submit a response to the grievance to the employee and employee’s representati ve, if applicable.

If the response by the department director, does not result in a resolution of the grievance, the employee may further submit the grievance, by pr esenting a written request, with date and si gnature to the Human Resources Director, for submission to the City Manager, within seven (7) days of the un it employee’s receipt of the department head’s response. The City Manager or designated representative may set a meeting with the employee, employee’s designated representative, and other persons as deemed appropriate, to con sider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated representative shal l submit a response to the emp loyee and employee’s representative, if appl icable. The decision of the City Manager is final and binding.

This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or Personnel Rules.

ARTICLE 29, DISCIPLINE
Disciplinary actions defined:

1. Oral/Written Warning
The use of an oral or written warning shall be used as a tool b y supervisors to address performance problems or minor instances of misconduct a nd may be initiated at any time. If it qualifies as punitive action unde r the Firefighter Procedural Bill of Rights Act, the employee shall be entitled to an administrative appeal per the informal process below. The supervisor or manager will review Item 5D - 34
A.

B.

C.

D.

A.

26 with the employee both the specific deficiencies in question an d the City’s standards. The cause(s) of the deficiency will be identified along with specific improvement needed. The employee should be advised of the action that will be taken should they fail to ach ieve the improvement outlined within the time period specified. Any written warnings will be kept in the sup ervisory file, not the official personnel file, and a copy given to the employee. The supervisory file is intended to be a temporary file to record performance, both positive and negative, throughout the performance year. Once the performance evaluation is completed for the year, all items in the file should be referenced in the performance evaluation if appropriate, and discarded at the end of the performance year.

2. Written Reprimand
A Written Reprimand generally is appropriate to correct instanc es of more serious circumstances or employee misconduct which do not warra nt suspension or discharge, repeated instances of minor misconduct or identified performance problems. The purpose of a Written Reprimand is to put the employee on notice that the City will take other disciplinary a ction unless immediate, real and consistent i mprovement in performance is de monstrated.

Any decision to issue a Written Reprimand should be reviewed by the Human Resources Department. The supervisor or manager issuing the Wr itten Reprimand shall meet with the em ployee to discuss specific impr ovements required within a defined time period to avoid further disciplinary action. A copy of the Written Reprimand will be placed in the employee’s official personnel file.

3. Suspension
Suspension is the temporary removal of employees from their duties without pay.

4. Reduction in Pay
A Reduction in Pay is a reduction in hourly salary for a limite d and defined period of time, and does not result in any classification change. The employee continues to report to work for the duration of the Reduction in Pay.

5. Demotion
Demotion is the movement of an employee from the current classi fication to a new classification having a lower salary range.

6. Discharge
An employee may be discharged for cause.

Pre-Disciplinary Procedure
If an employee is to be suspended, receive a reduction in pay, be demoted or discharged, the employee shall:

Item 5D - 35
B.

27 1. Receive written notice of the intended action at least seven (7) calendar days before the date it is intended to become effective, stating the specific grounds and the particular facts upon which the action is based.

2. Receive copies of any known materials, reports or other documents upon which the intended action is based.

3. Be accorded the right to respond in writing within a reasona ble period of time to the intended charges.

4. Be accorded the right to meet within a reasonable period of time with the Fire Chief or designee who has the aut hority to modify or eliminate the intended disciplinary action.

5. Be given the written decisio n of the Fire Chief or designee prior to the effective date of the disciplinary action.

Appeal Process
The following appeals procedures are adopted by the parties pur suant to Government Code § 3254.5 of the Firefighters Procedural Bill of Rights Act.

1. Definitions
a. The term “firefighter” means an employee who is considered a firefighter under Government Code § 3251(a) as well as any firefighter who is a peace officer pursuant to Penal Code § 830.37. This includes all employees who are in this Unit.
b. The term “punitive action” m eans any action defined by Government Code § 3251(c), i.e., “any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.”

2. Formal Appeals Procedures – For Punitive Action Causing a Lo ss of Pay Not Covered by the Informal Hearing Process
a. A firefighter shall be entitled to an appeal hearing before an Administrative Law Judge assigned from the Office of Administrative Hearings which shall be conducted in accordance with Chapter 5 (commencing with § 11 500) of Part 1 of Division 3 of Title 2 of the California Government Code. b. Notice of Discipline as Accusation - The final notice of dis cipline which may be issued at the conclusion of the pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. (1) Pursuant to Government Code § 3254(f), the discipline shall n o t b e effective sooner than 48 hours of issuance of the final notice of discipline.

Item 5D - 36
c.

28 (2) The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq. A copy of Chapter 5 (commencing with Section 11500) o f Part 1 of Division 3 of Ti tle 2 of the California Government Code s hall be provided to the firefig hter concurrently with the notice of discipline.
c. Administrative Law Judge - Pursuant to Government Code § 115 12, the appeal will be heard by an administrative law judge
d. Time and Place of Hearing- Pur suant to Government Code § 11508, unless otherwise decided by the administrative law judge, a hearing shall be conducted at City Hall or in anot her City facility at a time to be determined by administrative law judge with the input of the representatives of both the City and employee.
e. Notice of the Hearing- A notice of the hearing shall be provided to the parties pursuant to Government Code § 11509.
f. The burdens of proof and production of evidence shall be bor ne by the City.

The standard of proof shall be by a preponderance of the evidence. g. The proposed decision of the administrative law judge shall be in writing.

Copies of the proposed decision shall be delivered to the parti es by registered mail and accompanied by a proof of service
h. Following receipt of the proposed decision, the City Council, or any designee (e.g., the City Manager) to the extent authorized by law, may take any of the actions set forth in Government Code § 11517(c)(2) A through E.

3. Appeals Procedures Informal Process
The Informal Hearing Procedure, as opposed to the formal procedures, will be used for disciplinary action imposed on an employee that does n ot involve termination from employment, demotion, suspension without pay for more than two (2) shifts for employees working a 56-hour suppression sche dule or three (3) working days for employees working a 40-hour administrative schedule, or where the practical financial e ffect of the discipline equates t o a t w o s h i f t suspension or less for employees working a 56-hour suppression schedule or three (3) working days or less for employees working a 40-hour administrative schedule.
a. Appeal to the Fire Chief or Designee
(1) A firefighter who receives notice of a punitive action shal l be entitled to appeal the action to the Fire Chief prior to the effective date of the punitive action. The appeal is an opportunity for the firefighter to present written material and arguments why a punitive action should not occur or offer alternatives to the action.

Item 5D - 37

29 (2) Notice of Appeal: Within seven (7) calendar days of receip t by a firefighter of notification of a punitive action, the firefighter shall notify the Fire Chief in writing that t hey intend to appeal the punitive a ction. The notice of appeal shall specify the action being appealed and th e substantive and procedural gr ounds for the appeal. Nothing in this section shall limit the right o f the Department to institute disciplinary action, notwithstanding that an appeal may be pending.
(3) Hearing Officer: The Fire Chief or designee shall act as t he hearing officer. If the Fire Chief cannot serve as the hearing officer because of actual bias, prejudice or interest as defined by Government Cod e §11425.40, then the City Manager or designee shall serve as the hearing officer. The hearing shal l take place within thirty (30) calendar days of the date the firefighter was notified about the punitiv e action (e.g., received a written reprimand) or such other time as may be agreeable by the parties.
b. Burden of Proof: The City shall bear the burden of proof at the hearing.

The Department shall have the bur den of proving by a prepondera nce of the evidence the facts which fo rm the basis for the charge(s) a nd that punitive action was reasonable under the circumstances. c. Conduct of Hearing:
(1) The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclud e evidence which is incompetent, n o t relevant or cumulative, or the presentation of which will other wise consume undue time. The rules of privilege shall be observed. (2) The parties may present arguments through documents and statements. (3) If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses. (4) Following the presentation of written material and statemen ts, the involved parties may submit closing arguments orally or in writ ing for consideration by the hearing officer.
(5) Representation: The firefighter may be represented by an as sociation representative or attorney of choice.
d. Decision:

After the hearing, a decision will be submitted in writing with in thirty (30) calendar days and provided to the employee. The decision shall advise the firefighter that the time within which judicial review of the d ecision may be sought is governed by Code of Civil Procedure § 1094.5.

Item 5D - 38

30 e. Decision to Impose Discipline:

If, after the hearing, a decisio n is rendered which imposes dis cipline, pursuant to Government Code § 3254(f), the discipline shall not be effective sooner than 48 hours of issuance of the final notice of discipline.

ARTICLE 30, ASSOCIATION BUSINESS BANK
The City will provide a bank o f one hundred twenty (120) hours per year to be allocated by the Association as directed by the Association’s Board of Di rectors for use by Association Officers or members.

In addition to these 120 hours, each year, in the second pay pe riod of January (starting in 2022) the City will deduct six (6) hours from the vacation bank of each unit member with at least six (6) hours of accrued vacation. Those hours w ill be placed in a separate bank to be used as directed by the Association’s Board of Directors for use by Association Officers or members. The maximum number of hours that may exis t in this bank is six hundred (600) hours. If, in any January, the deduction of vaca tion hours from unit members will cause this bank to exceed 600, the City will deduc t an equal amount of vacation less than six (6) hours fr om each member of the unit t o bring the bank to 600 hours. Prior to the second pay period in January of any year, the Association President can (once per year) advise the City to not deduct any vacation hours from unit members.

The Association President will be responsible for notifying the City’s Director of Human Resources of the use of such hours when those hours are used. The use of the banked time must be approved by the employee’s immediate supervisor and the City agrees that the use of the time will not be unreasonably denied. In addition, the Association will provide a report to the Human Resources Department upon request (up to twice a year) of the use of these hours in the previous year.

ARTICLE 31, NO REQUEST FOR CHANGES DURING TERM
The terms agreed upon by this MOU shall take effect at the time s specified herein upon approval by resolution by the City Council and shall remain in full force and effect until midnight, June 30, 2023. The parties agree that either side ma y request to start negotiations for a successor MOU no later than April 1, 2023.

The PSFA hereby expressly waives any right to demand any improv ements or any changes in the wages, hours, or other conditions of employment of employees covered by this MOU, and the City shall not be required to meet and confer as to any such demand or request.

ARTICLE 32, REQUIREMENT TO LIVE WITHIN 150 MILES OF THE CITY LIMITS Employees hired on or after 8:00 a.m. on October 11, 2015 must live within 150 miles of the City limits. Prior to Febr uary 1, 2020, the 150 miles could be measured by using a linear calculation. For any employees hired on or after February 1, 2020, the calculation of the 150 miles shall be made by using Google Maps driving directions. Employees hired Item 5D - 39

31 after January 13, 2022 are exempt from this provision during th eir first thirteen (13) months of their employment. Effective no later than the first day of their fourteenth (14th) month of employment, these employees must live within 150 driving miles of the City limits.

ARTICLE 33, JOINT LABOR MANAGEMENT COMMITTEE
If necessary, the parties agree to meet to discuss labor relati ons issues of interest to either of them (e.g., employees donating vacation to the Association Business Bank or modifications to testing procedures). Such meetings are not la bor negotiations, but rather, discussions of issues to which either side has an expressed interest. Once a year, either party can request to convene a meeting and the other party will agree to meet within a reasonable period time. If the parties mutually agree to meet more frequently, they can agree to do so.

ARTICLE 34, DRUG AND ALCOHOL POLICY

The parties have negotiated and agreed upon a drug and alcohol policy that is contained in the department’s Lexipol Policy Manual.

Item 5D - 40
32 PALM SPRINGS FIREFIGHTERS ASSOCIATION REPRESENT
ATIVE
Date:

By:

PSFA President Signature
By:

PSFA Member at Large Signature

CITY OF

PALM SPRINGS
Date:

By: By:

City Manager Labor Attorney
Attest:

By: By:

City Clerk Director of Human Resources
Approved to form:

By:

City Attorney
Council Approval:

Item 5D - 41

MANAGEMENT

ASSOCIATION OF PALM

SPRINGS (MAPS)

MEMORANDUM OF

UNDERSTANDING
JULY 1, 2021 – JUNE 30, 2023
Item 5D - 42
Management Association of Palm Springs (MAPS)
Memorandum of Understanding
July 1, 2021 – June 30, 2023

GENERAL PROVISIONS ............................................................................................... 1 ARTICLE 1, TERM ............................................................................................................ 1 ARTICLE 2, RECOGNITION ............................................................................................. 1 ARTICLE 3, PRACTICES .................................................................................................. 1 ARTICLE 4, FEDERAL AND STATE LAWS ...................................................................... 1 ARTICLE 5, MAINTENANCE OF BENEFITS .................................................................... 2 COMPENSATION / OTHER PAY ................................................................................... 3 ARTICLE 6, SALARIES ..................................................................................................... 3 ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY ....................................................... 3 ARTICLE 8, OVERTIME AND STANDBY PAY ................................................................. 3 ARTICLE 9, ACTING OUT OF CLASSIFICATION ............................................................ 4 ARTICLE 10, SPECIAL COMPENSATION ....................................................................... 5 ARTICLE 11, UNIFORM ALLOWANCE ............................................................................ 6 ARTICLE 12, MILEAGE .................................................................................................... 7 BENEFITS ...................................................................................................................... 8 ARTICLE 13, HEALTH INSURANCE ................................................................................ 8 ARTICLE 14, HEALTH INSURANCE FOR RETIREES ................................................... 11 ARTICLE 15, RETIREMENT ........................................................................................... 13 ARTICLE 16, EDUCATION REIMBURSEMENT ............................................................. 14 ARTICLE 17, EMPLOYEE SERVICE AWARDS ............................................................. 14 ARTICLE 18, CELL PHONES ......................................................................................... 14 WORK HOURS / LEAVE .............................................................................................. 15 ARTICLE 19, WORK SCHEDULE ................................................................................... 15 ARTICLE 20, ANNUAL LEAVE ....................................................................................... 15 ARTICLE 21, FLOATING HOLIDAYS ............................................................................. 17 ARTICLE 22, BEREAVEMENT LEAVE ........................................................................... 19 ARTICLE 23, DISPOSITION OF LEAVE AND PAY UPON SEPARATION ............. ERROR! BOOKMARK NOT DEFINED.

EMPLOYER / EMPLOYEE REALATIONS ................................................................... 19 ARTICLE 24, DRUG POLICY/DRUG SCREENING ........................................................ 19 ARTICLE 25, REDUCTION IN FORCE ........................................................................... 19 ARTICLE 26, PAYROLL DEDUCTION - ASSOCIATION MEMBERSHIP ....................... 19 ARTICLE 27, MEETINGS ................................................................................................ 19 ARTICLE 28, ASSOCIATION TIME BANK ...................................................................... 19 ARTICLE 29, STRIKES AND WORK STOPPAGES ........................................................ 20 ARTICLE 30, GRIEVANCE PROCEDURE ..................................................................... 20 ARTICLE 31, DISCIPLINARY APPEALS PROCESS ...................................................... 22 ARTICLE 32, WAIVER OF FURTHER BARGAINING ..................................................... 26

APPENDIX A – DRUG AND ALCOHOL POLICY ............................................................ 27 APPENDIX B – MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS ............. 29 Item 5D - 43
1 MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF PALM SPRINGS)

AND THE MANAGEMENT ASSOCIATION OF PALM SPRINGS (MAPS)

REPRESENTING THE PROFESSIONAL & MANAGEMENT UNIT
JULY 1, 2021 – JUNE 30, 2023

GENERAL PROVISIONS
ARTICLE 1, TERM
MAPS AND CITY agrees as follows:

This MOU shall be for the period commencing July 1, 2021, and terminating at 11:59 p.m. on, June 30, 2023.

ARTICLE 2, RECOGNITION
This Memorandum of Understanding is entered into with reference to the following facts:

A. The Management Association of Palm Springs (hereinafter referred to as “MAPS”) is the exclusive recognized employee organization for members it represents employed by the City in the Professional and Management Unit (“Unit”) as defined in Appendix B of this MOU.

B. MAPS and the City have met and conferred in good faith on wages, hours and other terms and conditions of employment for the employees represented by MAPS and have reached agreements which are set forth in this Memorandum of Understanding (hereinafter referred to as the “MOU”).

ARTICLE 3, PRACTICES
It is understood that existing or dinances, resolutions, and policies of City cover matters pertaining to employer-employee relations including, but not li mited to, wages, salaries, benefits, hours and other terms and conditions of employment.

ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all pre sent and future applicable Federal and State laws and regulat ions and the provisions hereo f shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceabl e by any tribunal of competent jurisdiction, such par t or provisions shall be suspen ded and superseded by Item 5D - 44
2 such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefi ts and conditions of employmen t now enjoyed by the members of the Unit as represented by MAPS (referred to as “unit members” in this MOU) shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or b y actions taken in implementation hereof.

Item 5D - 45
3 COMPENSATION / OTHER PAY
ARTICLE 6, SALARIES
Effective the pay period following Council approval of this MOU, unit members shall receive a three and one-quarter percent (3.25%) salary increase.

Effective the pay period which includes July 1, 2022, unit memb ers shall receive a three percent and one-quarter (3.25%) salary increase.

In addition to the above, each member of the bargaining unit em ployed on the day that the City Council approves this 2021-2023 MOU shall receive a lump sum payment of two thousand five hundred dollars ($2,500.00) which will be paid on the pay day for the pay period following City Council approval of this MOU.

For each classification represented by the Association, there i s one range on the salary schedule.

Employees who promote into the unit will be placed at a step on the salary schedule at least five percent (5%) above (unless five percent (5%) would c ause the employee’s salary range to be above top step for the classification hired into) the step from which they were at in their prior job classification with the City.

Employees who are promoted within the unit will be placed at the lowest step in their new classification which will ensure that they receive at least a five percent (5%) increase from their current salary.

ARTICLE 7, SALARY ADVANCEMENT ELIGIBILITY
Unit members shall be advanced one-step on the salary schedule effective on each member’s anniversary date, provided the member’s service has be en continuous and they have at least a “meets expectations” or higher service rat ing on their most recent performance evaluation. Such consideration for a salary advancement shall only be given effective on each anniversary dat e until the member reaches the top step of the range.

Any unpaid leave of absence in e xcess of twenty (20) consecutiv e days will extend a member’s anniversary date by the length of such leave.

ARTICLE 8, OVERTIME AND STANDBY PAY

8.1 The bargaining unit is made up of employees who are both exempt and non-exempt from overtime per the Fair Labor Standards Act (FLSA). The parties agree that each of the classifications represented by the Association along with their designation as either exempt or non-exempt is set forth in Appendix B to this MOU. For purposes of this MOU, overtime or compensatory time off provided to employees (as provided in the paragraph below) who occupy classifications designated as exempt will be provided to employees pursuant to this Item 5D - 46
4 MOU, not because these employees are entitled to overtime per the FLSA. Non-exempt employees are entitled to overtime or compensatory time off as provided below in accordance with the FLSA.

The City agrees that if a Unit member is asked to work more than 40 hours in a week, such member will be eligible to receive overtime or compensatory tim e off, either MOU overtime/compensatory time off for exempt employees or FLSA ove rtime/compensatory time off for non-exempt employe es. If the employee accrues compensatory time off, all requests to use that time will be honored if the employee provides reasonable notice unless it would be unduly disruptive to do so. The maximum compensatory time off accumulation is one hundred (100) hours.

Unit members shall be required to log time in and time out. Employees may be allowed to flex hours within a workweek, if approved in advance by the Department Head.

8.2 Standby Pay

Unit members shall be paid for two (2) hours per day for standb y pay at the employee’s regular hourly rate and not subject to overtime premium. Department Heads, Managers and Supervisors placing employees on standby are encouraged to provide unit members with advanced notice (when possible) of placement on standby.

Unit members on standby shall receive a cell phone from the City and will be required to respond to the call or text as quickly as possible. Upon respo nding, the member will be instructed as to whether they are required to return to work and will be informed of the location to which they must respond. Response time will generally be one hour and any additional minimal time necessary to get ready to return to wor k. Standby lists shall be created monthly, at least one w eek in advance of any standby sh ift. Members will be permitted to trade stand-by shifts with their colleagues.

ARTICLE 9, ACTING OUT OF CLASSIFICATION

9.1 Employees Who Are Assigned to Another Classification On An Acting Basis

O n t h e s e c o n d c o n s e c u t i v e w o r k d a y t h a t a U n i t m e m b e r i s a s s i g n ed to an acting assignment such member shall be entitled to additional compensation equal to the lowest step on the range of the higher classification which will provide an increase in pay of 5%, but not to exceed the top step of the classification for which such member is performing acting out of class duties ("acting pay"). Such acting pay shall be prospective only, commencing the second consecutive workday the member is acting out of class and continuing thereafter until such member ceases performing acting out of class duties.

9.2 Employees Who Are Not Assigned to Another Classification, B u t W h o A r e Required To Perform Duties Not Covered By Their Classification

On the second consecutive workday that a Unit member is required to perform the majority of the duties of a higher classification ("acting out of class") such member shall be entitled Item 5D - 47
5 to additional compensation equal to the lowest step on the range of the higher classification which will provide an increase i n pay of 5%, but not to exceed the top step of the classification for which such member is performing acting out of class duties ("acting pay").

Such acting pay shall be prospective only, commencing the second (2) consecutive day the member is performing the majority of the duties of the higher classification and continuing thereafter until such member ceases performing those duties.

ARTICLE 10, SPECIAL COMPENSATION
Per this article, unit members may only receive one of the following certification premiums (set forth in Articles 10.1 – 10.3): Master’s Degree, professio nal certification, notary certification or bilingual certification.

10.1 Education Incentive Pay

Unit members will be eligible to receive an additional 5.0% of their base salary for a Master's Degree from a college or university accredited by either the Council for Higher Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”), or for maintaining a professional certification related to their job that require Co ntinuing Education Hours or require testing or coursework t o be recertified. Any employees who have previously received certification pay from the City for certifications whi ch do not require Continuing Education Hours or require testing or coursework to be recertified, will continue to receive that pay. However, effective July 1, 2014 certification pay for professional certifications will only be provided to employees who maintain certifications related to their job which require Continuing Education Hours or req uire testing or coursework to be recertified. Each Department must approve the certification pay and determine if it is a certification necessary for the department.

10.2 Notary Pay

Unit members designated by the City Manager may be eligible to receive an additional

5.0% Notary Certification Pay for being a licensed Notary Public. Designations for “Notary Certification Pay” for Unit members shall be entirely at the Ci ty Manager’s discretion.

Employees hired on or after October 4, 2018, will receive one hundred dollars ($100) per month for Notary Certification Pay.

10.3 Bilingual Pay

Unit members are eligible for Bilingual Pay as provided in this section. The City Manager shall determine the language needs as well as the number of members eligible for Bilingual Pay. In order to be eligible for Bilingual Pay, a member must pass an examination (and as set forth below, must recertify) demonstrating fluency in listening, writing and speaking the desired second language.

Unit members hired before October 4, 2018 are eligible to receive five percent (5%) of base salary in compensation for Bilingual Pay if their position is selected to receive Bilingual Pay and they pass the required examinations. Members will be requi red to take both a Item 5D - 48
6 speaking and listening and a writ ing bilingual proficiency exam ination. These members shall receive two and one half percent (2.5%) for passing the s peaking and listening portion of the bilingual proficiency exam and an additional two and one half percent (2.5%) for passing the writing portion of the bilingual profici ency exam for up to a maximum of five percent (5%) of base salary.

Members hired on or after Octobe r 4, 2018who become eligible fo r bilingual pay shall receive two hundred and fifty dollars ($250) per month for Bilingual Pay. Members will be required to take both a speaking and listening and a writing bilingual proficiency examination. Members shall receive one hundred and twenty-five dollars ($125) per month for passing the speaking an d listening portion of the bil ingual proficiency exam and an additional one hundred and twenty-five dollars ($125) pe r month for passing the writing portion of the bilingual proficiency exam for up to a m aximum of two hundred and fifty dollars ( $250) per month.

The examinations shall be devel oped and administered by the Cit y to demonstrate fluency in writing and speaking and listening the desired second language. All members receiving bilingual pay must pass the prescribed examinations f or each skill (one for speaking and listening and the ot her for writing) every two yea rs to continue to receive bilingual pay for each skill. T he City will notify members whe n they are required to re- test. A member who passes one of the tests but not the other, will still be eligible to receive their respective bilingual pay (2.5% or $125 per month for the skill passed. In addition, the member may take a recertification examination aft er waiting at least three (3) months after taking the recertification examination to whic h the employee did not pass. If the member does not pa ss that recertification examina tion, they shall not be permitted to take the recertifica tion examination for that skil l until their two-year cycle to recertify has passed. The City w ill notify members when they are required to re-test.

If the member passes one of the tw o examinations they shall the respective incentive pay (2.5% or $125 per month) for Bilingual Pay . If the member does not pass either or both of those subsequent recertifi cation examinations, they sha ll not be permitted to take the recertification examination(s) for that skill until th eir two-year cycle to recertify has passed. The Human Resources Department will coordinate the recertification examination for each employee receiving bilingual pay.

For any members who receive Bilin gual Pay, they must sign up to be present at and prepared to use their bilingual skills at one City Council meeting per year. On the day of the Council meeting for which the employee signs up, they shall adjust their work schedule that day by starting four hours later than their regular start time so that they can be present at the Council meeting to utilize their bilingual skills.

ARTICLE 11, UNIFORM ALLOWANCE AND SAFETY BOOTS
City agrees to continue to pay a m onthly uniform allowance of one hundred twenty-five dollars ($125.00) to the Emergency Management Coordinator and the Fire Marshal and eighty-five dollars ($85.00) to the Police Services Supervisor as a reimbursement for
expenses incurred for acquisition and maintenance of uniforms.

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7 Each fiscal year the City will provide four (4) shirts, four (4) pants and a jacket for Airport Operations Supervisors. The City will provide thirty dollars ( $30.00) per month as reimbursement for cleaning uniforms for the Airport Operations Supervisors, and effective on the first day of the month following City Council approval o f this MOU, the Code Compliance Supervisor and the Maintenance Supervisor.

Effective January 1, 2022, the City shall reimburse employees in the following classifications up to one hundred and fifty dollars ($150.00) p er year for the purchase of safety boots: Maintenance Super visor, Fleet Manager, Streets M anager, and Maintenance Superintendent.

ARTICLE 12, MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive vehicle travel is required, a City vehicle may be provided instead.

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8 BENEFITS
ARTICLE 13, HEALTH INSURANCE

13.1 Cafeteria Plan
City agrees to continue to enroll with and subscribe to the Public Employees’ Retirement Health Care Plan pursuant to the Public Employees' Hospital and Medical Care Act (PEHMCA), Government Code Sections 22751 et seq., for the provision of health insurance for members of the unit. The health insurance benefit provided through PEHMCA shall be part of a cafeteria plan in accordance with IRS Code section 12 5 (“the Plan”) which also includes:

A. Dental Insurance as addressed below in Section 13.3; and B. Vision Insurance as addressed below in Section 13.5
The
City will pay the CalPERS statutory minimum to comply with the Public Employees’ Hospital and Medical Care Act on behalf of all employees and retirees ($143 for 2021, and a yet undetermined amount for beyond 2021. In addition, the maximum City contribution to the Plan (i.e., health, dental and vision insurance) shall be determined annually based on the formula that has been used by City which is inclusive of the PERS statutory minimum. The formula involves taking the rate increase for each benefit as listed above, and combining them to develop a single rate increase to the maximum contribution to the categories listed below (i.e., single, two-party, and family).

The current cafeteria plan rates effective January 1, 2021, are:

Category Maximum Contribution
Employee Only $792/month
Employee + 1 $1,597/month
Family $2,094/month
The caf
eteria plan rates effective January 1, 2022, are:

Category Maximum Contribution
Employee Only $821/month
Employee + 1 $1,655/month
Family $2,165/month
S
ince the actual amounts above al so include the PERS statutory minimum, the actual amounts provided to employees through the cafeteria plan are the above amounts minus the PERS statutory minimum for each applicable calendar year.

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9 In the event that the premium changes for health, dental and vision insurance (i.e., the Plan benefits) exceed the City’s maximum rate of contribution by five percent (5%), the amount of the excess shall be paid by unit members through a payroll deduction.

The maximum City monthly contribution for the Plan shall be determined by the health plan selected (i.e., single, two-party, or family). Should an employee decline health coverage, but elect either dental or vision coverage, there will be no Plan excess dollars paid to the employee. The City will, however, pay the premiums for the dental and/or vision coverage/s selected.

The Association acknowledges that the City’s agreement to pay u p to five percent (5%) of the increases for health, dent al and vision insurance is a v aluable benefit. The Association agrees that each year, once the increase in the cos ts of health, dental and vision is known (CalPERS generally publishes the increases for health insurance for the following calendar year in July), the amount that will be paid for by the City will be calculated based on the then current number of employees in the bargaining unit. The City will then inform the Association as to what those increase d costs will be so that the Association is aware of how much more the City will be spending on these benefits in the following calendar year. The City will consider these increase d costs in evaluating its positions in collective bargaining.

In the event a Unit member selects a health plan which does not require the City to make a maximum contribution, then such unit member shall receive the remainder of the City contribution (up to the maximum of $150.00 per pay period up to two pay periods per month – twenty four (24) pay periods per year) as taxable wages.

13.2 Unit Members Who Opt Out of the Health Care Benefit Cont ribution Unit
members who choose to opt out of receiving the Heath Care Benefit Contribution (i.e., receiving any portion of the total City contribution for any of the three benefits – Medical, Dental and Vision) and who satisfy the Eligible Opt-Out Arrangement rules below shall receive one hundred and fifty dollars ($150) (as taxable wages) per pay period (up to two (2) pay periods per month - 24 pay periods per year).

Pursuant to the Affordable Care Act (ACA) Employer Mandate “aff ordability” determination, an Eligible Opt-Out Arrangement requires the following for employees who opt-out of employer-provided health coverage and receive cash in lieu:

A. Employee must provide reasonable evidence that the employee and each member of the employee’s expected tax family (individuals the employee expects to claim personal exemption deduction) have or will have minimum essenti al coverage (other than coverage in the individual market, whether or not o btained through Covered California) during the period of coverage to which the opt-out arrangement applies;
B. The opt-out payment may not b e made if the employer knows or has reason to know that the employee or any ot her member of the employee’s ex pected tax family does not have or will not have the alternative coverage; Item 5D - 52
10 1. The evidence of alternative coverage must be provided every plan year to which the eligible opt-out arrangement applies; and

2. The reasonable evidence will be an attestation signed by the employee, attesting to the above, and must be provided no earlier than a reasonable period of time before each plan year begins.

13.3 Dental Benefits

City agrees to continue dental benef its at level(s) existing under the current Plans.

Although it is possible that t he carriers could change, the lev els of benefits through new carriers will be equivalent.

13.4 Life Insurance

Unit Members will receive $50,000.00 term life insurance covera ge and $50,000 accidental death and dismemberment (AD&D) coverage.

13.5 Vision Benefits

City agrees to provide Vision Coverage at the benefit level(s) existing as of the date this MOU is executed. Although it is possible that the carriers cou ld change, the levels of benefits through new carriers will be equivalent.

13.6 Domestic Partner Coverage

Domestic partners may register with the Secretary of State and be eligible to enroll in a CalPERS health plan. The law requires the following actions for a domestic partner to be enrolled in a CalPERS health benef its plan: First, the Secreta ry must register the domestic partnership, and provide a Declaration of Domestic Partnership to the domestic partners.

The CalPERS enrollee must provide a copy of the Declaration of Domestic Partnership and a signed Statement of Financial Liability (PERS form) to City. CalPERS will use the same enrollment policies for dome stic partnerships as currently used for traditional marriages.

Domestic partner enrollment documents submitted within 60 days of the domestic partner registration will provide health benefit coverage effective on the first day of the month following the month in which the employer received the enrollment document.

13.7 Short Term Disability

Employees are required to enroll in the short-term disability insurance plan and pay for the benefit by making premium payments through a payroll deduction.

13.8 Long Term Disability
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11 Long Term Disability shall conti nue to be provided by the City at the benefit level(s) existing as of the date this MOU is executed. Although it is possible that the carriers could change, the levels of benefits through new carriers will be equivalent.

ARTICLE 14, HEALTH INSURANCE FOR RETIREES
Retiree medical insurance is provided through CalPERS pursuant to PEMHCA.

The City has two tiers (including three qualifying levels within Tier I) for the provision of retiree medical insurance., The provision of retiree medical insurance is provided by providing all retired annuitant s (i.e., retirees under PEMHCA) a benefit equal to that received by covered unit members (the CalPERS statutory minimum).

For unit members, (as addressed above in Article 13) the provis ion of additional money for medical insurance (i.e., in addition to the statutory minim um) is provided through a cafeteria plan, which the parties have called the “Health Care Benefit Plan.” For Tier I retirees with at least twenty (20) years of continuous service with the City, in addition to the CalPERS statutory minimum, additional money for retiree medical insurance will be provided pursuant to a Health Rei mbursement Account (HRA) which has been established by the City through a third party vendor who admini sters the Account. The members pay for their chosen re tiree medical insurance through a deduction from their retirement payment from CalPER S. The third party vendor then d isburses the below described HRA benefit to each retiree as the retiree directs. The benefits provided by the HRA are as follows:

A. Tier I – Level 1 – Retirees Who Were First Employed Before S eptember 7, 2005 And Who Have At Least 25 Years of Continuous Service With the City:

These individuals will receiv e a dollar amount through the HRA which will equal the City’s contribution for medical insurance up to two-party coverage (i.e., a single party will only be provided singl e party coverage) as described above under the provision of retiree medical insurance (i.e., the member’s maximum benefit is tied to the plan chosen by the member at the time the member leaves active service unless the member chooses a less costly plan in retirement and then it is tied to that plan because the employee cannot be reimbursed for more than 100% of the cost of the plan) for employees minus the particular calendar year’s CalPERS statutory minimum amount. If a member chooses a more costly plan as a retiree, they will have additional out-of-pocket medical expenses.

If a member chooses a more costly health plan prior to retirement, they must have chosen the plan at least one year prior to retirement or the health plan used for determining the maximum benefit under the HRA will be the plan previously chosen.

B. Tier I – Level 2 – Retirees Who Were First Employed Before S eptember 7, 2005 And Who Have At Least 20 Years Of Continuous Servic
e With the City:

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12 These individuals will receiv e a dollar amount through the HRA which will equal seventy-five percent (75%) of the City’s contribution for medic al insurance up to two-party coverage (i.e., a single party will only be provided single party coverage) as described above under the provis ion of retiree medical insur ance (i.e., the member’s maximum benefit is tied to the plan at the time the member leaves active service unless the member chooses a less costly plan in retirem ent and then it is tied to that plan because the employee cannot be reimbursed for more than 100% of the cost of the plan) for members minus the particular calendar year’s CalPERS statutory minimum amount. If a member chooses a more costly plan as a retiree, they will have additional out-of-pocket medical expenses.

If a member chooses a more costly health plan prior to retirement, they must have chosen the plan at least one year prior to retirement or the health plan used for determining the maximum benefit under the HRA will be the plan previously chosen.

C. Tier I – Level 3 – Retirees Who Were First Employed Before S eptember 7, 2005 But Who Have Less than 20 Years Of Continuous Service With the City:

These individuals will not receive any additional contribution through the HRA.

They will receive the CalPERS st atutory minimum amount towards their chosen retiree medical benefit.

1. Service Credit for Health Insu rance For Retirees in Tier 1

Members in Tier 1 shall be eligible for two years of service cr edit for the purpose of being eligible for retiree health insurance (e.g., an employee with 18 years of continuous service will be eligible for the benefit s available to those with 20 years of continuous service) if in the month of J une (starting in 2019) the member makes an irrevocable offer to retire (which will be immediately accepted by the City) by no earlier than ninety (90 ) days from the date of notice or later than December 31 of that same calendar year.

D. Tier II – Members First Hired on September 7, 2005 Or Later:

In addition to being provided the CalPERS statutory minimum for retiree medical insurance once retiring, these i ndividuals, while employed, wil l receive one- hundred dollars ($100.00) per mont h (placed into a retiree heal th savings (RHS) account by the City. The City will pay the administrative costs of this account.

All Retirees will be required to comply with any of the requirements of CalPERS as provided by PEMHCA. This may include, but not be limited to, enrolling in Medicare when age appropriate and becoming eligible to receive Medicare. The City will not pay for the cost of Medicare enrollment, as it will continue to pay the CalPERS statutory minimum for all retired annuitants.

Item 5D - 55
13 ARTICLE 15, RETIREMENT

15.1 Retirement Formula

Unit members (and not “new members as defined by the Public Emp loyees’ Pension Reform Act of 2013 - PEPRA) hired prior to December 24, 2012 are covered by the 2.7% @ 55 formula provided for by the Public Employees’ Retirement Law at Government Code section 21354.5. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve month period.

Unit members (and not “new members as defined by the Public Emp loyees’ Pension Reform Act of 2013 - PEPRA) hired after December 24, 2012 are c overed by the 2% @ 60 formula provided for by the Public Employees’ Retirement Law at Government Code section 21353.3. These employees’ retirement will be calculate d per the three year average final compensation per Government Code 20037.

Unit members who are defined as “new members” under the PEPRA, are covered by the 2% @ 62 formula provided for by the PEPRA at Government Code se ction 7522.20(a).

These employees’ retirement wil l be calculated per the three ye ar average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

15.2 Employee Contributions to the Retirement System

Employees subject to the 2.7%@55 Formula:

These Unit members shall pay their eight percent (8%) member contribution.

Employees subject to the 2% @ 60 Formula:

These employees pay the seven percent (7%) member contribution.

Employees subject to the 2% @ 62 Formula – “New Members” as defined by PEPRA:

These employees shall pay the st atutorily mandated employee con tribution rate of one half of the total normal cost as determined by CalPERS in their annual valuation.

15.3 Adoption of IRS Code Sect ion 414(h)(2) Resolution

The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure that the employees’ payment (i.e., “pick up” as that term is used in section 414(h)(2)) of their employee contributi on is made on a pre-tax basis.

15.4 Optional Benefits

A. The City contracts with CalPERS for the following optional benefits:

Item 5D - 56
14 B. Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551

C. Death Benefit – Government Code section 21620

D. Post Retirement Survivor Allowance – Government Code sections 21624/26/28 and 21635

E. 1959 Survivor Benefit Level 4 – Government Code section 21574. Employees pay the employee premium for this benefit.

F. Military Reallocation Credit - Government Code section 21024

G. Final Compensation Period One Year - Government Code section 20042 for classic members

H. 2% Cost of Living Allowance - Government Code section 21329

I. Prior Service - Govern ment Code section 20055
ARTICLE 16, EDUCATION REIMBURSEMENT
No Unit member shall receive more than $1,500/fiscal year throu gh the Educational Reimbursement Program. The deta ils of the Program are set forth in Personnel Rule

18.2. ARTICLE 17, EMPLOYEE SERVICE AWARDS
The Service Awards program will be continued for Unit members.

ARTICLE 18, CELL PHONES
A. The decision as to which employees in MAPS need to have/use a cell phone for work shall remain within the discretion of the City Manager.

B. The City retains the discret ion to remove the cell phone at any time if it determines the employee does not need to use a cell phone for the position.

Item 5D - 57
15 WORK HOURS / LEAVE
ARTICLE 19, WORK SCHEDULE
All unit members shall be assigned to work a 4/10 work schedule; four consecutive work days followed by three consecutive days off. If an employee in Recreation or the Library is working a 4/10 schedule and the City desires to change the work schedule to a different work schedule, including 5/8 work schedule, the City will request to meet and confer with the Association who agrees will promptly meet and confer with the City.

A unit member scheduled to work a 4/10 work schedule may reques t to work a four day – nine hour work schedule (4/9). Such a request is subject to Department Head approval and once granted, may be revoked at any time. A decision to deny a request for such a work schedule is not subject to challenge or grievance. The Department Head has total discretion as to whether to grant a request for such work sched ule and whether the schedule should continue. The parties agree that City Hall will remain closed on Fridays.

If the Executive Director of the Palm Springs International Air port desires to change a member’s schedule due to changes in flight schedules, the Association agrees that it will meet with the City as soon as possible to address the issue.

ARTICLE 20, ANNUAL LEAVE

20.1 Conversion and Definition

Annual leave shall be defined as any approved absence with pay from regularly scheduled work for any purpose that are not properly chargeable to some other category of leave. Annual leave shall substitute for either vacation or sick leave.

20.2 Maximum Accrual and Minimum Usage

There shall be a maximum accrual of 712 annual leave hours for employees.

20.3 Annual Leave Cash-Out

By December 15 of each year, unit members may make an irrevocab le election to cash out up to the maximum number of hours of annual leave which they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the a nnual leave they irrevocably elected to cash out in either two (2) separate incr ements of up to half their annual accrual cap (i.e., for those who accrue 20.67 hours per month - 248 hours per year, 124 hours each) or one (1) increment of up the maximum they can accrue in a year.

The member would be paid one half of what they irrevocably elec t to cash out hours on both the second pay day in July and the first pay day on December or the employee can elect to be paid their full amount they elected to cash out on the first pay day in December.

However, if the member’s annual leave balance is less than the amount the employee Item 5D - 58
16 elected to cash out (in the prior calendar year) the member wil l receive cash for the amount of leave the member has accrued at the time of the cash out.

If a member makes an irrevocable election to cash out annual le ave in the following calendar year and uses annual leave in that subsequent year, the annual leave used will come from annual leave the member had earned prior to January 1 of the year the employee has elected to cash out annual leave. This is to ensu re that assuming an member had an annual leave balance prior to January 1, the annu al leave used will not result in a reduction in the amount of annual leave the member will be eligible to cash out.

In addition to the above, a member shall have the option of converting accrued and vested annual leave to their deferred compensation account on both the second pay day in July and the first pay day in December.

20.4 Cash Out of Annual Leave at Separation

Upon separation, an employee shall be paid for their accrued and vested annual leave at their current salary rate as well as those pays set forth in Article 10 that an employee may receive (i.e., Education, Notary and/or Bilingual Pay). The pay ment of the annual leave shall be paid at the next regularly scheduled pay-day after separation.

All unpaid accrued and vested annual leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law.

20.5 Eligible To Use

Unit members shall be eligible to use annual leave as it is accrued.

20.6. Accrual Rates

Unit members shall accrue and vest annual leave on a monthly basis in accordance with the following schedule:

Years of Service Hours Accrued & Vested Monthly
0 through 5 16
6 through 10 18
11 and after 20.67

Annual leave shall begin to accrue on the first day of the mont h following employment with the City.

20.7 Less than full-time employees

Less than full-time employees wil l accrue and vest annual leave on a pro-rated basis based on their allocated full time equivalent.

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17 ARTICLE 21, HOLIDAYS

21.1 City Holidays

Employees shall be entitled to the following paid holidays if they were in paid status for the entire day the day before and the day after the holiday, (i .e., either the employee worked or was absent using paid leave for the entire day on such workdays):

New Year's Day January 1
Martin Luther King Day 3rd Monday in January
Presidents’ Day 3rd Monday in February
Memorial Day Last Monday in May
Juneteenth J une 19
Independence Day July 4
Labor Day 1 s t M onday in September
Veterans’ Day November 11
Thanksgiving Day Fourth Thursday in November
Day after Thanksgiving Day Afte r Fourth Thursday in November Christmas Eve December 24
Christmas Day December 25

In addition, as addressed in Section 21.4, employees earn one floating holiday per year.

21.2 Hours Earned For Each Holiday

Employees regularly scheduled to w ork ten (10) hours per day ea rn ten (10) hours for each holiday.

Employees regularly scheduled to w ork eight (8) hours per day e arn eight (8) hours for each holiday. These employees will also accrue two (2) hours of Annual Leave (for a total of twenty-four (24) hour s per calendar year) for each holiday including when the floating holiday is used.

21.3 How City Holidays Are Observed By Employees

Employees either work the “Obser ved Schedule” (full-time employ ees who work in the same work group Monday through Thur sday), or the “Calendar Sche dule” (all other employee schedules). The City s hall determine whether an emplo yee works either the Observed or Calendar schedule.

21.3.1 Employees who work the Observed Schedule

If a holiday occurs on one of their workdays, they shall be entitled to the day off with pay if they were in paid status for the entire day the day before and the day after the holiday, (i.e., either the employee worked or was absent using paid leav e for the entire day on such workdays).

Item 5D - 60
18 For holidays occurring on a Friday or Saturday (i.e., years whe n July 4, Veterans’ Day, Christmas Eve, Christmas Day or New Year’s Day fall on a Friday or Saturday and every year for the day after Thanksgiving) they will not move to the prior open business day (e.g., the Thursday before or the Wednes day before Thanksgiving). Rat her, for each one of those days, employees (who would be off duty on the Friday or S aturday) will accrue a floating holiday based on the following: 1.0 allocated FTE = 10 hours, .75 allocated FTE =

7.5 hours, .5 allocated FTE = 5. 0 hours and any other allocated FTE percentage shall accrue a pro-rata number of hours based on a factor of one hour for each .1 allocated FTE.

If July 4, Veterans’ Day, Christmas Eve, Christmas Day or New Y ear’s Day fall on a Sunday, the holiday will be observed as a day off on the following Monday.

21.3.2 Employees who work the Calendar Schedule

For employees who work the Calendar Schedule, all holidays occur on the actual date of the holiday and do not move to another date.

If these employees take the day off on a regular workday, they shall be paid for the day if they were in paid status for the entire day the day before and the day after the holiday, (i.e., either the employee worked or was absent using paid leav e for the entire day on such workdays).

If the holiday occurs on an off-day, these employees have the option of placing the holiday into their floating holiday bank, Annual leave bank, or may choose to receive straight-time pay for that holiday.

For employees who are required to work on a holiday occurring o n a regular workday, they shall receive their holiday pay as well as time and one half for each hour worked.

21.4 Floating Holidays

In addition to the above holidays, all employees shall receive on additional floating holiday each year on January 1. Each employee shall accrue the number of hours to which they are regularly assigned added to their floating holiday bank.

Employees can accrue up to 50 hours in the floating holiday bank. If an employee has 50 hours of floating holiday leave earned they will not earn addit ional floating holiday leave until their bank is reduced below 50 hours. Floating holiday leave has no cash value and cannot be cashed out. If it is not used, no further floating h oliday will accrue until the employee uses floating holiday leave, thus reducing their float ing holiday leave bank below 50 hours. If an employee uses floating holiday leave and takes their bank below 50 hours and then accrues a floating holiday that would put them above 50 hours if the entire holiday accrued, they will accrue those number of hours in the bank to bring the bank up to 50 hours. Employees must request to use the floating holida y just as they would request to use Annual Leave. Approval of floating holiday leave shall not be unreasonably withheld.

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19 ARTICLE 22, BEREAVEMENT LEAVE
Unit members shall be granted three (3) scheduled workdays in the event of a death in the “immediate family” of an employee. Immediate family is defined as any relative by blood or marriage who is a member of t he employee's household, or any parent, grandparent, stepparent, spouse, domestic part ner, child, grandchild, siblin g of the employee, or any parent, grandparent or stepparent of the employee's spouse or d omestic partner, regardless of residence.

EMPLOYER / EMPLOYEE RELATIONS
ARTICLE 23, DRUG POLICY/DRUG SCREENING
The parties agree that their drug and alcohol policy is set forth in Appendix A to this MOU.

ARTICLE 24, LAYOFF
Unit members who are laid off a nd decline the opportunity to bump or are not eligible to bump will receive two months of regular wages upon layoff. It i s the intent of the City to provide six months of medical coverage at the same level of emp loyee contribution that was in effect upon the day of la yoff. The City will pay one mon th’s premium directly to CalPERS, and provide the employee with a check for the additional five (5) months’ premiums.

ARTICLE 25, PAYROLL DEDUCTION - ASSOCIATION MEMBERSHIP
City will provide payroll deduction on request of MAPS for dues, assessments, and other deductions authorized by MAPS. Remittance will be bi-weekly to MAPS’s treasurer.

ARTICLE 26, MEETINGS

26.1 MAPS may conduct a Board of Directors meeting once each month d uring the workday, not to exceed two (2) hours.

26.2 MAPS may conduct one (1) meeting per quarter with all members o f MAPS released at 11:30 A.M. and required to return to their work assignment no later than 1:30 P.M.

ARTICLE 27, ASSOCIATION TIME BANK
Unit members shall be permitted voluntarily to donate leave tim e (annual leave or compensatory time off) to a MAPS Time Bank. The Time Bank shall contain a maximum of forty (40) hours at any given time available to officers of MAPS to conduct Association business. Requests for use of banked hours shall require a req uest from the President of MAPS on MAPS letterhead authoriz ing use of Banked Time. The use of the banked Item 5D - 62
20 time must first be approved by the employee’s immediate supervisor and the City agrees that the use of the time will not be unreasonably denied. In addition, MAPS will provide a report to the Human Resources Department upon request (up to twice a year) of the use of these hours in the previous year.

ARTICLE 28, STRIKES AND WORK STOPPAGES

28.1 Prohibited Conduct

MAPS, its officers, agents, representatives and/or members agree that they will not cause or condone any strike, walkout, slowdown, sick out, or any other job action by withholding or refusing to perform services.

Any Unit member who participates in any prohibited conduct listed above shall be subject to suspension, demotion, or dismissal by City. In addition to any other lawful remedies or disciplinary actions available to City, if MAPS fails, in go od faith, to perform all responsibilities listed below as Association Responsibility, City may suspend any and all rights and privileges accorded to MAPS in this MOU, including b ut not limited to suspension of the Grievance Procedure and Dues Deduction.

28.2 Association Responsibility

In the event that MAPS, its officers, agents, representatives, or Unit members engage in any Prohibited Conduct, MAPS shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this MOU and unla wful, and they must immediately cease engaging in conduct prohibited in Section 29.1 and return to work.

ARTICLE 29, GRIEVANCE PROCEDURE

29.1 Definition of Grievance

A. A “Grievance” is a dispute of one or more employees or a dis pute between one or more employees involving the interpretation, application or enf orcement of the provisions of the MOU, or of the Personnel Rules and Regulation s that are within the statutory scope of representation, and for which there is no specific method of review provided by federal, State or local law. A grievance may also be filed by the Association.

B. A grievance is also a claim by a Unit member that a letter of reprimand was issued to them was not properly issued.

C. Reviews of allocations or reallocations of positions as described in Personnel Rule

4.3.3 or reviews of examinatio n ratings as described Personnel Rule 7.7 are excluded from the grievance procedure. Allegations of harassment, discrimination or retaliation are also excluded from the grievance procedure a s they are addressed by a separate procedure.

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21 D. Release of members during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure.

29.2 Time Limits and Waivers

A. Working Days - For purposes of the Grievance Procedure, work ing days, further referred to as “days", are defined as the period from 8 a.m. to 6 p.m. City Hall working days, currently Monday-Thursday, excluding holidays.

B. Initiation - A Unit member must initiate the grievance within fifteen (15) working days of the occurrence of the event giving rise to the grievance or within fifteen (15) days after the grievant should, with reasonable diligence, have had knowledge of such occurrence, whichever is later.

C. Management Reply - Failure by management to reply to the mem ber’s grievance within the time limits specified under the grievance procedure shall automatically grant the employee the right to process the grievance to the next level of review.

D. Failure to Submit to Next Level - If a Unit member fails to submit from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall no t be subject to further consid eration and will be deemed resolved.

E. Waiver by Mutual Agreement - Any level of review or any time limits established in the procedure may be waived or extended by mutual agreement between the Unit member and management, which must be confirmed in writing.

F. Outside of Authority - If the supervisor, manager, or department head designated by the grievance procedure below to receive the grievance determines that they do not have the authority to resolve it, that supervisor, manager, or department head, shall so inform the grievant and forward the grievance to the next hi gher level of supervision with authority to resolve it, if applicable, or advise the grievant in writing they may continue to the next level in the process.

29.3 Informal Resolution

A. The responsibility of a Unit member with grievance is to promptly inform and discuss the grievance with the department supervisor or designee in order to, in good faith, endeavor to resolve the matter expeditiously and informally. If the grievance is filed by the Association, it does not need to follow the informal resolution process. It can file a written grievance per Article 29.4 with a manager who works in the department to which the grievance relates.

B. If such informal discussion does not resolve the grievance t o the Unit member’s satisfaction, such member may file a formal grievance in accord ance with the procedure set forth in this section.

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22 29.4 Procedure

A. The Unit member shall provide the grievance in writing, with signature and date, and submit it to their immediate sup ervisor within fifteen (15) day s of the initial commencement of the occurrence being grieved. The supervisor sh all further consider and discuss the grievance with the Unit member and suc h employee’s designated representative as deemed appropriate, and shall, within fifteen (15) days of having received the written grievance, submit a response thereto in writing to the employee and the member’s representative, if applicable.

B. If the written response of the immediate supervisor does not result in a resolution of the grievance, the Unit member may further submit the grievance, by presenting a written request, with date and si gnature, to the Unit member’s department head within seven (7) days of the Unit member’s receipt of the supervisor’s response. The department head may investigate the grievance and may set a meeting with the Unit member, member’s designated representative, and other persons a s deemed appropriate to consider the grie vance. Within thirty (30) days of receipt of the grievance by the department head, the department head shall submit a response to the grievance to the Unit member and their representative, if applicable.

C. If the response by the department director, does not result in a resolution of the grievance, the Unit member may further submit the grievance, by p r e s e n t i n g a written request, with date and si gnature to the Human Resources D i r e c t o r , f o r submission to the City Manager, within seven (7) days of the unit member’s receipt of the department head’s response. The City Manager or designated representative may set a meeting with the Unit member, their designated representative, and other persons as deemed appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated repr esentative shall submit a response to the Unit member and their representative, if applicable. The decision of the City Manager is final and binding.

D. This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or Personnel Rules.

ARTICLE 30, DISCIPLINE
The disciplinary appeals process is as follows:

Although probationary employees may be rejected from probation for any lawful reason, once an employee passes their probationary period, they shall o nly be subjected to discipline resulting in the loss of pay (defined as termination , demotion, suspension, or reduction in pay) if the City can support its position by a preponderance of the evidence.

Such disciplinary action will be subject to the pre-action process described in paragraph A below and the disciplinary appeal procedure in paragraph B below.

Written reprimands and counseling memos are not subject to the pre-action process and may not be appealed. However, a member may submit a written re sponse (within 30 Item 5D - 65
23 calendar days of receipt of the document) to receiving any of these documents. The member’s response shall be attached to the document in the member’s personnel file.

A. Pre-Action Due Process for Discipline Resulting in Loss of Pay (Termination, Demotion, Suspension, Reduction in Pay)

1. Prior to being subject to any discipline that results in the loss of pay, a member will first be served with a notic e of intent to discipline by t heir supervisor, manager or department head. This doc ument will set forth the g rounds for discipline, the facts supporting the grounds and all evidence t o which the member is entitled by law. The notice of intent to discipline will also advise the member of any prior discipline which the City representative issuing the notice believes is relevant to the current discipline. In addition, the notice of intent will advise the member of their right to respond to the proposed discipline either in writing or orally at a meeting. If the member does not respond within the time limits, the discipline will be imposed.

2. If the member chooses to respond in writing, they must insure their response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of recei ving the notice of intent to di scipline. If the member wishes to respond orally, they must call or write the City representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline informing the representative that they wish to have an oral response. The City representative will advise the member when the meeting (known as a Skelly meeting) will take place.

3. At the Skelly meeting (assuming the member wants to respond orally) the member has the right to be represented. The Skelly meeting is not a hearing.

It is an opportunity for the member and/or their representative to respond to the notice of intent to discipline. T he member may be represented at the Skelly meeting by a representative of their choice.

4. The City representative who will hear the response may or ma y not be the person who issued the notice of intent to discipline. The decision will either be to impose the proposed disciplin e, impose no discipline or to impose a lesser discipline. The City representative hearing the response does not have authority to impose discipline that is greater than that which was proposed.

5. If the discipline is imposed or if it is reduced but there is still some discipline imposed, the City representative s hall issue a notice of discip line. Like the notice of intent, the notice of d iscipline shall set forth the grounds, and facts supporting the discipline as well as any prior discipline relie d on by the City representative
in imposing the discipline. The notice of disci pline will also set forth the member’s appeal rights advising the member that if th ey wish to appeal the discipline, they must do so in writing by serving a notice of appeal to the Human Resources Director within seven (7) calendar days.

6. The Notice of Discipline will set forth the effective date of the discipline.

Item 5D - 66
24 B. Appeals Procedure

1. If an appeal of a dismissal, s uspension, demotion or reduction in salary is filed with the Director of Human Resour ces within ten (10) days of re ceipt of a written notice of discipline, thi s process will be used which i ncludes the use of a hearing officer.

2. The City and the member or the member ’s representative may agree on the hearing officer. If they cannot agree, the hearing officer sha ll be chosen from a panel of seven (7) hearing offi cers from a list provided State Mediation and Conciliation Service. The parties shall alternately strike nam es until one hearing officer remains. The parties shall flip a coin with the winner of the coin flip getting to choose whether to strike the first name or the second name.

Names will be struck until the hearing officer is selected.

3. The hearing officer shall subm it an advisory decision settin g forth findings, conclusions, and recommendations to the City Council.

C. Hearings

1. The hearing shall commence no more than ninety (90) calendar days from the date the hearing officer is selected provided that the parties may agree to a longer period to commence the hearing.

2. All disciplinary hearings shall be closed to the public unle ss the affected employee requests that the hearing be open to the public.

3. The hearing need not be conduc ted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admi tted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which might make improper admission of such evidence over objection in civil actions. Hear say evidence may be used for t he purpose of supplementing or explaining any di rect evidence but shall not b e sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be rec ognized in civil and criminal ac tions, and irrelevant and unduly repetitiou s evidence shall be excluded. T he hearing officer shall not be bound by te chnical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence.

4. Each party shall have these r ights: to be represented by le gal counsel or other person of their choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any w itness regardless of which party first c alled the witness to testify; and to rebut the evidence against them. If the employee appealing the disciplin e does not testify on their own behalf, they may
be called and examined as if under cross-
Item 5D - 67
25 examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of the reporter will be split between the City and the Association.

5. The hearing shall proceed in the following order, unless the hearing otherwise directs:

a. Opening statements shall be permitted with the City proceeding first.

b. The City shall proceed first in the hearing. If witnesses a r e c a l l e d , t h e opposing party shall have the right to cross-examine the witnes ses on any matter relevant to the issues, even though that matter was not covered on direct examination.

c. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case.

d. Closing arguments and writt en briefs shall be permitted.

e. The hearing officer shall dete rmine the relevancy, weight, and credibility of testimony and evidence. The hearing officer shall base findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason believed to be important to reaching a fair and proper decision.

f. The hearing officer may recommend sustaining, rejecting or m odifying the disciplinary action.

6. The hearing officer's findings, conclusion and recommendatio ns shall be filed with the Director of Human Res ources, who will forward them to the City Manager who then forward to the City Council. The City Council, in its sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer’s advisory decision. T he City Council shall inform the employee appealing the discipline of its decision regarding the appeal within sixty (60) calendar days of the receipt of the hearing officer's report. However, the City Council may extend the time to issue its decision beyond the sixty (60) calendar day period if it believes it is necessary. The decision of the City Council rega rding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Council's decision, including the hearing officer's report shall be filed where appropriate, including the member’s personnel file. The City Council’s decision is subject to revie w by a superior court pursuant to Code of Civil Procedure Section 1094.6.

Item 5D - 68
26 7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) calendar days prior to the commencement of the hear ing; after commencement, subpoen as shall be issued only at the discretion of the hearing officer.

8. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the employee or representative and the representative for the City.

9. Member or their r epresentative and the representative for the City.

ARTICLE 31, WAIVER OF FURTHER BARGAINING
The terms agreed upon by the MOU shall take effect at the time specified herein upon approval by Resolution of the City Council of the City of Palm Springs and shall remain in full force and effect until midnight, June 30, 2023.

Item 5D - 69
27 APPENDIX A – DRUG AND ALCOHOL POLICY
The parties have a vital mutual i nterest in maintaining safe, healthful and efficient working conditions. Bei ng under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but also t o co-workers and the citizens of Palm Springs. The possession, use or sale of an il legal drug, marijuana or of alcohol on the job also poses unacceptable risks for safe, healthful and efficient operations. "On the job" means wh ile on City premises, at work locations, or while on duty or being compen sated on standby.

MAPS, City, and Unit members recognize that their future is dependent on the physical and psychological well-being of all e mployees. MAPS, City, and Uni t members mutually acknowledge that a drug and alco hol-free work environment benefits employees and citizens and members agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place.

The purpose of this Policy is to define the City's drug and alc ohol policy as well as the possible consequences of a policy violation.

Section 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited.

Section 2
When reasonable suspicion exists , the City may require a Unit m ember to submit to a substance screening. The employee will be given the option to s e l e c t a b l o o d t e s t o r urinalysis.

Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform the job safely is reduced.

Section 3
Any manager or supervisor requesting that a Unit member submit to a substance screening shall document in writing the fa cts constituting reasonable sus picion and shall give the employee a copy. This report must advise the Unit member of the right to representation.

Such member shall be given an opportunity to provide additional facts. A Unit member who is then ordered to submit to a substance abuse screening may request to be represented.

Because time is of the essence in drug screening, a representative must be available within a reasonable time or the employee will then be ordered to submit to a substance screening.

Any employee who refuses to subm it to a substance screening may be considered insubordinate and shall be subject to disciplinary action up to and including termination.

Section 4
The supervisor, or designee, sha ll transport the suspected Unit member to the testing facility. Testing shall occur on City time and be paid for by t he City. The facility used for Item 5D - 70
28 testing shall be certified by the National Institute of Drug Abuse and comply with established guidelines for “chain of custody” to insure that identity and i ntegrity of the sample is preserved throughout the collecting, shipping, testing and storage process.

Section 5
Any positive test for alcohol or drugs will be confirmed by a s cientifically sound method.

Any Unit member who tests positive on a confirmatory test will be given the opportunity to discuss the results with a physician to be designated by City. The employee should be prepared at that time to show proof of any valid medical prescr iption for any detected substance or to otherwise explain, if they so choose, a positive test result.

Section 6
While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or d rugs which are clearly marked that they may cause significant drowsiness or impair a Unit member's performance. Such member shall notify the member’s supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding such member's ability to safely and effectively perform assigned dut ies while using such medications or drugs, clearance from a physician designated by the City may be required.

The City reserves the right to send such member home on Annual Leave under these circumstances.

Section 7
Unit members with substance abuse problems are encouraged to participate voluntarily in the City-sponsored Employee Assistance Program (EAP). Assistan ce through the EAP may be sought by a member with co mplete confidentiality and wit hout adverse consequences to employment. Unit members should be aware, however, that a request for assistance through the EAP will not insulate such member fr om disciplinary action already contemplated.

Depending upon the facts surrounding the reasonable suspicion d etermination, positive test result, and/or other violati on of this policy or other Cit y/department rules and regulations, City will refer such member to the EAP. Such referral shall be made available to such member as an alternative to disciplinary action. Refer ral would be subject to agreement by such member to enroll, participate in and successfully complete rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement".

Item 5D - 71
29 APPENDIX B – MAPS CLASSIFICATIONS AND FLSA EXEMPTION STATUS Position FLSA Exemption
Account Technician, Senior Exempt Administrative
Accountant Exempt Professional
Accounting Manager Exempt Executive
Accounting Supervisor Exempt Executive
Administrative Assistant Exempt Administrative
Administrative Coordinator Exempt Administrative
Administrative Secretary Exempt Administrative
Airport Administration Manager Exempt Executive
Airport Operations Manager Exempt Executive
Airport Operations Supervisor Exempt Executive
Airport Security Coordinator Exempt Administrative
Aquatics Supervisor Non-Exempt N/A
Assistant Planner Non-Exempt N/A
Associate Planner Non-Exempt N/A
Audit & Revenue Supervisor Exempt Executive
Auditor Exempt Professional
Budget Analyst Exempt Administrative
Building Inspector Supervisor Exempt Executive
Central Business District Administrator Exempt Administrative Chief Deputy City Clerk Exempt Executive
Civil Engineer, Associate Exempt Professional
Civil Engineer, Senior Exempt Professional
Code Compliance Supervisor Non-Exempt NA
Community Center Manager Exempt Executive
Community Development Administrator Exempt Administrative Deputy City Clerk Non-Exempt N/A
Deputy Director of Aviation - Marketing Exempt Professional Dispatcher Supervisor Non-Exempt N/A
Emergency Management Coordinator Exempt Administrative
Engineering Assistant Non Exempt N/A
Engineering Assistant, Senior Exempt Administrative
Engineering Associate Exempt Professional
Fire Marshal Exempt Executive
Fleet Maintenance Manager Exempt Executive
GIS Analyst Exempt Professional
Housing Services Administrator Exempt Administrative
Human Resources Specialist Exempt Administrative
Human Resources Specialist, Senior Exempt Administrative Information Technology Analyst Exempt Computer
Information Technology Network Engineer Exempt Computer Librarian Exempt Professional
Library & Public Services Manager Exempt Executive
Library Operations & Collections Manager Exempt Executive Maintenance Superintendent Exempt Executive
Maintenance Supervisor Exempt Executive
Network Administrator Exempt Computer
Occupational Health & Safety Specialist Exempt Administrative Payroll Coordinator Exempt Administrative
Police Services Supervisor Non-Exempt N/A
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30 Principal Engineer Exempt Executive
Principal Planner Exempt Professional
Procurement & Contracting Manager Exempt Executive
Procurement Specialist I Exempt Administrative
Procurement Specialist II Exempt Administrative
Public Works Inspector, Senior Non Exempt N/A
Recreation Supervisor Non-Exempt N/A
Redevelopment Coordinator Exempt Administrative
Special Events Manager Exempt Administrative
Street Maintenance Manager Exempt Executive
Item 5D - 73
31 MANAGEMENT ASSOCIATION OF PALM SPRINGS REPRESENTATIVE Date:

By:

MAPS President Signature
By:

MAPS Vice President Signature

CITY OF

PALM SPRINGS
Date:

By: By:

City Manager Labor Attorney
Attest:

By: By:

City Clerk Director of Human Resources
Approved to form:

By:

City Attorney
Council Approval:

Item 5D - 74