Item 1B - 174
ATTACHMENT "B"
'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Envelope #1)*
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
PROPOSER AND SUBMITTED WITH PROPOSAL
STATE OF CALIFORNIA) ss
COUNTY OF RIVERSIDE)
The undersigned, being first duly sworn, deposes and says that he or she is PRESIDENT of ACE PARKING the party
making the foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or· conference with anyone to fix the Proposal price of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other Proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further, that the Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, Proposal depository, or any other member or agent thereof to effectuate a collusive or sham Proposal .
. ,dP/&t
?
Title: President
Subscribed and sworn to before me this 3rd day of September 720669. J
RFP #04-14
, 2013.
Revised: 6/16/10
Item 1B - 175
A.2 Ace Parking Management, Inc. (a California Corporation) was founded in 1950 and is one of the largest privately held, full service parking companies in the country. It is owned and operated by Scott Jones, the son of the founder. Headquartered in San Diego, Ace
Parking manages over 450 locations throughout nine states.
These locations collectively service nearly 250,000
customers per day and control more than 175,000 off-street parking stalls. Revenue from all operations exceeds $369 million annually, while employing more than 4,500 team
members with an annual payroll of $60 million.
Our only business is the operation of parking facilities and transportation related businesses.
Ace Parking operates every conceivable type of parking application from urban retail, office complexes, on street parking enforcement, hotels, hospitals, entertainment centers, stadiums, airports and arenas. We have the financial strength, experience, expertise, and operational ability of the large national parking operators, yet are able to deliver our services with a personal, hands on approach, a sense of urgency, and the highest levels of service, client, and customer commitment. This is what separates us from our competitors. Our executives are on site at least once per quarter and are always available for meetings as necessary.
EVERY THANK YOU EARNED. TM
After 60+ years of partnering with respected brands like yours, we understand that the parking business is about taking care of people. That's why everyone at Ace Parking - from our lot attendants to our CEO - is ready to assist you and your guests in any way, at any time, at a moment's notice. When we say "Every Thank You Earned", it's more than just words. It's our way of doing business:
Planning, but also reacting.
Proactive solutions, but also solving each unique need.
Active 365 days a year, but also 24 hours a day.
On the job, but also on the spot when it matters.
Customer service as a brand ideal, but also as individual experiences.
As your partner, we'll look forward to earning every "Thank You" - even if it's at 3:00 in the morning.
Parking Presence in Southern California
Ace Parking is the largest parking provider in San Diego and is one of the top two largest in Southern California serving mixed-use, event parking venues, commercial garages, and hotel and valet event customers throughout the region. We have over 170 locations in Southern California and over 1,800 employees who support those operations. This pool of employees can be drawn upon to support the City of Palm Springs Parking Enforcement operation at a moment's notice. We are also the largest parking operator in the City of Palm Springs based on our operation at the Airport.
Southern California Municipal Clients include:
• City of Palm Springs at the Airport for over 7 years
• City of Chula Vista Parking Enforcement
• Port of San Diego
• City of San Diego
7 Item 1B - 176
Client References
Ace Parking manages over 3,800 metered parking stalls in downtown San Diego and 500 metered stalls and 11 surface lots in downtown Chula Vista. Ace Parking has extensive experience with Duncan AutoCite handheld ticket issuing technology as well as various pay machines such as Ventek. Below is a list of municipal clients which are of similar size and scope to your parking operation.
City of Palm Springs
Dates of Service: 2005 - Present
Description: Manage 1,510 parking stalls over three self parking facilities. Ace provides management of all Ground Transportation Dispatch Services for all taxis and shuttles for hire and oversees traffic enforcement for the entire airport. Annual revenue from the parking operation is $2,800,000 annually with an additional $15,000 in ticket revenue.
Contact:
Tom Nolan
Executive Director
3400 E. Tahquitz Canyon Way
Palm Springs, CA 92262
P. 760-318-3900
Fax760-318-3815
[email protected]
City of Chula Vista
Dates of Service: 2010 - Present
Description: 500 single space meters and 11 surface lots with pay stations. Enforcement hours are Monday - Saturday, 9am - 6pm.
Ace Parking performs meter collection, parking law enforcement customer service for parkers who need to resolve parking issues and manages the general parking area maintenance. In addition, monthly and weekly reporting on parking revenue and statistics is provided to the City of Chula Vista.
Contact:
Tiffany Allen
Finance Department
276 4th Avenue
Chula Vista, CA
P. (619) 691-5250
Fax (619) 409-5814
[email protected]
The Presidio, San Francisco
Dates of Service: 2007 - Present
Description: Our operation with Presidio Park began with metered parking management. Today Ace manages 2,500 stalls which encompass 25 surface lots and involve pay and display machines.
Ace oversees the transient, monthly and day permits. Enforcement of the parking is largely managed by the park police; however, Ace 8 Item 1B - 177
Parking assists the police by reporting issues with repeat parking offenders identified during parking audits.
Contact:
Mark Helmbrecht
Transportation Program Manager
Presidio Trust
103 Montgomery Street
San Francisco, CA 94129
P. (415) 561-5438
Fax (415) 561-7621
[email protected]
Port of San Diego
Dates of Service: 1989-Present
Description: Ace Parking manages two waterfront Port properties which include the 900 + stall Hilton Bayfront garage and all
surface lot parking on Broadway Pier. Ace took over an in house operation at Navy Pier and operated the Hilton
Garage since inception. Track parkers for expired or non paid vehicles and issue citation
Contact:
Kristine A. Love
Asset Manager - Real Estate
Unified Port of San Diego
P.O. Box 120488
P. (619) 686-6358
Fax (619) 686-6200
[email protected]
City of San Diego
Dates of Service: 1967- Present
Type of Parking Enforcement Services:
Description: For over 42 years, Ace Parking has operated Qualcomm Stadium for the City of San Diego. The stadium has 72,000 seats and the major tenant is the San Diego Chargers football team. Ace is responsible for the traffic control at all entry and exit points, citation and towing of unauthorized vehicles. Ace Parking implemented the existing parking controls so there was no in-house or operational takeover of the parking enforcement.
With 18,500 stalls, it is also the venue used by San Diego State University's Aztec football team, various motor sports events, holiday bowls and concerts. Qualcomm was also host to Super Bowl XXII in 1988, Super Bowl XXXII in 1998 and Super Bowl XXXVII in 2003.
Qualcomm Stadium has approximately 6,230,000 transient parkers on an annual basis.
Contact:
Mr. Mike Mcsweeney
General Manager, Qualcomm
City of San Diego
9449 Friars Road
9 Item 1B - 178
San Diego, CA 92108
P. (619) 641-3126
Fax (619) 283-0460
[email protected]
City of Phoenix
Dates of Service: 1998 -Present
Description: Ace Parking manages all parking operations for the City of Phoenix's parking structures, which include five garages and one surface lot. Ace tracks monthly parking passes and issues fee notices for delinquent or unauthorized monthly parkers. These garages range in size from 191 spaces at the West Garage up to 2,813 spaces at the East Garage. There are 4,586 spaces servicing the Phoenix Convention Center and other local business that Ace Parking manages for the City of Phoenix. The Phoenix Convention Center Parking Operation generates over $2,000,000 in annual revenue.
Contact Information:
Prasan De Silva
Parking Venues Manager
Phoenix Convention Center & Venues
100 N. 3rd St.
Phoenix, AZ. 85004
P. (602) 262-7503
Fax(602)744-2872
[email protected]
Public Works Surface Lots
Dates of Service: 2011 - Present
Description: Ace Parking manages the Public Works garages and multiple surface lots throughout downtown Phoenix. Ace Parking oversees all operations which include transient, monthly, parking enforcement and vehicle dispatch. Ace patrols, monitors and enforces posted parking regulations, issues violations for delinquent parkers and tow if necessary.
Operator:
Veronica Esparza
Public Works Department
Facilities Management
2631 S. 22nd Ave
Phoenix, AZ. 85009
P. (602) 256-4361
Fax (602) 262-6011
[email protected]
City of Tucson
Dates of Service: 1993- Present
Description: Ace manages 6 parking lots (Hourly, Daily, Economy, Economy Covered, Garage and Employee), with a total of 8,431 10 Item 1B - 179
parking spaces. Ace Parking provides Parking Management, Shuttle Bus Management and Roadway Management Services. Annual revenue is $6,000,000 annually.
Contact:
Karen Thomas
Director of Properties
Tucson Airport Authority
7005 S. Plumer Avenue
Tucson.AZ 85756
P. (520) 573-4806
Fax (520) 573-8013
[email protected]
San Diego Airport
Dates of Service: 1971- Present
Description: Ace manages 7,400 parking stalls over 6 public and employee parking facilities. Ace Parking provides management of Self and Valet Parking, Employee Parking program including access card management, Ground Transportation Dispatch Services for all taxis and shuttles for hire, Shuttle Operations or all remote lots, employee lots, and inter-terminal transit (29 shuttles). Ace uses License Plate Recognition technology to assist the Airport Traffic Officers in identifying expired parkers or violators and to track and enforce the 30 day abandoned vehicles law.
Contact:
David Boenitz
Director, Ground Transportation
San Diego County Regional Airport Authority
P.O. Box 82776
San Diego CA, 92138
P. (619) 400-2690
Fax (619) 400-2686
[email protected]
11 Item 1B - 180
12 Item 1B - 181
SECTION B: PROPOSAL ORGANIZATION
8.1 Ace has followed the organization, format, order and conformance of this RFP.
8.2 Working closely with the City of Palm Springs currently for the Airport Parking Operations, Ace Parking understands the specific parking enforcement issues facing the City. Ace understands that the City of Palm Springs needs a proactive and experienced partner who will work as a consultative partner. Although our local team will provide most of the day to day support, our Executive Team is only two hours away and will be available for ongoing support as often as necessary.
Ace Parking has extensive experience with Parking Enforcement Operations as we currently manage over 3,800 metered parking stalls in downtown San Diego. In addition, we have managed the on street Parking Enforcement for the City of Chula Vista for the past 5 years.
Ace also has extensive experience with current and cutting edge parking enforcement technology. We currently utilize Duncan Solutions and their handheld ticket issuing technology at our enforcement operation in Chula Vista and at various locations in La Jolla and San Diego. We have also been utilizing License Plate Recognition (LPR) technology at our airport operations to quickly detect parking violators. Whenever possible, Ace will always provide recommendations on equipment upgrades and work with your vendors to secure the best solution for your operation. As a consultative partner, Ace will be looking for the best strategies to maximize operational efficiencies. Ace's experience includes utilizing handheld enforcement units and LPR technology, citation writing, data collection, adjudication, incident management, reporting and auditing.
OPERATIONS PLAN
Enforcement operating hours are Monday through Sunday, 12:00 p.m. - 8:00 p.m. There will be three Parking Enforcement staff, one of which is also the On-site Supervisor. Each officer will be working 8 hour shifts. They will begin patrol no later than 30 minutes after the start of their shift and will continue their patrol until at least 30 minutes before the end of their shift.
Descriptions of these staff members are outlined below:
On-site Supervisor will oversee your entire parking enforcement program. A supervisor will be staffed 5 days per week with a standard 9am - 6pm hour work day. The bulk of the supervisor's time will be spent developing annual budgets, managing the staff schedules, providing and improving effective revenue a.nd enforcement tracking procedures and working the parking enforcement route.
Customer service and effectively responding to and resolving problems will be a key function of the supervisor. In addition, we would like the supervisor to have, at minimum, weekly meetings with City's Contract Administrator to ensure Ace Parking is performing at expected levels, to identify other opportunities and review financial results for the parking enforcement. We believe the regular interaction between the city officers and our operations team can only improve communication and the working relationships.
In addition to our supervisor, two part-time staff members will be utilized between 3:30am - 8:30pm Monday to Friday and 11 :30 am to 8:30pm Friday to Sunday. These staff members will be used in the following way:
• Enforcement Officer will be responsible for all aspects of the parking enforcement. They will circulate around the on street parking and enforced lots in 13 Item 1B - 182
the Downtown District. During each circulation, the enforcement staff will perform light maintenance (trash removal and sweeping). Between circulations, the enforcement personnel will complete citation administrative procedures. Ace enforcement staff member must meet the following criteria :
• Be at least 18 years of age.
• Be able to read, write and speak the English language and must be able to write intelligible reports.
• Have the ability to give and follow oral/written instructions in English.
• The ability to speak a second language, such as Spanish is highly desirable, but not required.
• Physically and mentally capable of performing parking enforcement duties. • Have the ability to remain calm and use good judgment and initiative in a confrontational or emergency situation.
• Have the ability to establish and maintain effective working relationships with the public, downtown business owners and City personnel. • Possess a high school diploma or equivalent.
• Possess a valid class "C" State of California driver's license. (On-site personnel only)
• Possess all current State of California, Consumer Affairs, guard requirements. (On-site personnel only)
• Pass a background check conducted by the Oceanside Police Department Background Unit, a drug-screening test and undergo a comprehensive medical examination to determine fitness to perform assigned duties. The Police Department will provide the requirements to meet City background requirements. (On-site personnel only)
• Have a fingerprint clearance with the Department of Justice (D.O.J.) and National Crime Information Center (N.C.I.C.). (On-site personnel only) We are very flexible in our approach and will strive to provide the most effective schedule to 1:1eet the customer service and financial performance for your parking enforcement needs.
CUSTOMER SERVICE
Ace's enforcement team is highly trained in customer service and because of our experience in Chula Vista, Phoenix and San Diego our team has developed best practices for interacting with the public on behalf of a municipality.
Ace Parking's philosophy on how customers are perceived and how they should be treated is simply, that our Guests are King. Without the parkers in your city, we would not be in business. Customer Service and satisfaction is paramount to everything we do.
This means we would look to incorporate the very same training and staffing requirements as we would for any one of our high-end hotels. This is augmented by the on-site supervisors who will have a keen understanding of the City of Palm Springs and Ace Parking philosophies. Our supervisors live and breathe service with a sense of urgency on a daily basis.
14 Item 1B - 183
Ace Parking Service Pledge
Ace Parking begins its commitment to customer service quality with a service pledge. This is our guarantee to any parker that enters one of our locations. Essentially we are telling guests what to expect when they are at an Ace Parking facility:
~ THE ACE PARKING SERVICE PLEDGE
WE PROMISE YOU:
✓ A Clean And Well Maintained Facility
✓ Friendly And Courteous Employees
✓ Prompt Service
Should we EVER fail to meet your expectations,
please inform our attendant. Each is empowered to
ensure your complete satisfaction.
~ A
Our service pledge comes directly from Ace Parking's Chairman, Scott Jones, and is seen in the behaviors of each Ace Parking Team employee. Ace Parking customers see this pledge when they drive in to an Ace Parking managed facility and again when they exit. More importantly, Ace Parking's guests see the pledge in action at every location. No other parking company pledges to deliver so much.
Formal Quality Control Programs and QA Monitoring
Ace Parking has several programs in place wherein we constantly are evaluating the effectiveness, efficiency and end results of our oversight of your parking operations. Our in house programs help us better measure and manage the performance of our operations. As always, our programs can be modified to meet the specific needs of the parking operations.
Feedback is key and welcome by our management team and onsite vendors to help us continually evaluate our performance and look for improvements.
Report Card
The On-Site Supervisor's annual review and merit increases are based, in part, on his or her performance on operational and customer service related audits. All Ace Parking operations are audited, at a minimum, on a quarterly basis. The information from the audit is immediately shared with the management and staff.
Landlord Contact Program
As a means of achieving less formal - but equally effective - management review meetings, the Manager and other Ace Parking executives invite the City of Palm Springs management to an informal roundtable meeting each month. The purpose of the meeting is to seek out ongoing feedback regarding satisfaction levels and how we might improve.
Customer Comment Cards & Reports
The Customer Comment Card is one way that we measure the success of our Customer Service Program. It is directly tied to our Service Empowerment Pledge. We hand the customer comment cards out in order to obtain feedback from our customers on how well we are doing in terms of customer service and to learn what we might do differently. We consistently get both positive and negative comments. Further, our Customer Comment Cards help us to communicate and build stronger alliances or teams in three areas, Client, Team and Customer Relations.
15 Item 1B - 184
Meeting High Standards
As previously mentioned, Ace Parking does not take a caretaker posture with our operations.
We constantly strive for exceeding the customer's expectations and driving the operations to the next level in service. Some of the programs/initiatives we will look to undertake are as listed below:
• Constantly monitor, evaluate and adjust staffing levels for maximum efficiency with focus on customer service
• Encourage guest feedback
• The Ace Parking Executive Management team will be fully engaged in the operations from day one
CONFLICT RESOLUTION
Ace's team will respond to any citizen complaint the same day or if necessary within 24 hours. A 24 hour toll-free number will be provided to citizens to assist them if a problem should arise. Ace has an administrator that answers these calls and can ensure issues are addressed and resolved.
Ace has extensive experience communicating with the public. Ace operates a storefront in Chula Vista for 6 hours per week in which citizens can come in and pay or appeal their citations or to obtain general information. We also offer a toll-free number in Chula Vista which citizens may utilize.
Complaints to City Regarding Contractor Employees
Bill Huff will be the On-Site Supervisor for the City of Palm Spring's Parking Enforcement Operation. He will oversee the parking enforcement officers. Bill has been overseeing the Palm Springs Airport Traffic Enforcement Team for the past 7 years and has extensive experience in handling public complaints regarding employees. Bill will see to it that all complaints are addressed within 24 hours.
On a weekly basis, Ace's On-site Supervisor will meet with the Contract Administrator to make sure they are aware of any complaints against staff or issues with parking citations. In addition, any improvements to customer service or the revenue collection process will be immediately shared with the Contract Administrator.
REPORTING
Ace can prepare and deliver special, additional and supplemental reports at the request of the City such as Employee Daily Reports. Ace can create a Productivity Report for the City for each individual officer. This will show our management and the City the officers' productivity levels. We can then determine inefficiencies and address issues to help them become more productive.
Ace will provide a weekly schedule showing officer assignments and scheduled enforcement hours, listing in all absent officers and reason for absences.
Ace will provide a monthly summary of activities showing total work hours, patrol and non patrol (time spent at hearings, in training, etc).
8.3 Parking Enforcement Uniforms
Although customer interactions are brief, we still believe that our team should look professional and presentable. We believe professional looking uniforms go a long way 16 Item 1B - 185
toward creating a favorable first impression and symbolize the pledge to operate the city's parking enforcement with a quality approach. We can utilize the basic Ace uniform which includes a blue button down collared shirt, black pants/shorts, all weather jacket, baseball cap, and name badge to project a clean and classy image for the parking enforcement staff.
Uniforms must be well maintained and worn professionally at all times while on duty (i.e. no baggy clothes, untied laces etc).
Our proposal projects the cost of our basic uniforms for hourly operations staff. Ultimately, you may elect to choose a uniform program that best suits your unique operations. Ace Parking does not require our standard uniforms be utilized and would look to work with the City of Palm Springs to develop the image you desire to project. Any special discounts in pricing realized from our relationships with our uniform providers are passed on to you directly as your benefit. Ace Parking does not mark up or charge handling fees for uniform purchases for our clients.
Equipment and Supplies
Ace Parking takes safety very seriously. Each enforcement officer will be issued a reflective vest as part of their uniform. The importance of wearing a reflective vest is highly stressed to our employees. A cell phone will be issued to the officer at the start to each shift. They are expected to utilize the cell phone to stay in communication with the On-site Supervisor and report any issues or emergencies they might encounter.
In addition to safety equipment, each enforcement officer will also be issued enforcement equipment. This equipment could include: Duncan handheld, a tape measure, chalk, chalking stick digital camera and flashlight. If the City chooses to use LPR equipment and it happens to be down, these items will help the officer to be well prepared to continue enforcing parking rules using the manual process of chalking, measuring and taking photos to back-up tickets.
Enforcement Vehicles
Ace Parking is very flexible in our approach to enforcement vehicles. We recommend the GEM eS 2-passenger electric vehicle and the Electric Smart Car. Our opinion is that the Electric Drive Smart Car would be the best option for cost and compliance with the city's energy efficient requirements. Many other municipalities use the Smart Car for parking enforcement such as the City of San Diego and the City of Phoenix. Ace would outfit the white vehicles with appropriate logos and lighting to make it suited for parking enforcement.
OPTION 1: Electric Smart Car
17 Item 1B - 186
The Smart Cars gets 122 City MGEe and runs for 68 gas-free miles per charge. Ace Parking will finance the two Parking Enforcement Smart Cars for this operation and amortize the cost of the vehicles as a monthly operating expense item.
OPTION 2: GEM eS Electric Vehicle
A second option for energy efficient vehicles would be the GEM. The GEM eS 2-passenger electric vehicle with a short back bed has also been widely used for parking enforcement.
Ace Parking will finance the two GEM eS vehicles for this operation and amortize the cost of the vehicles as a monthly operating expense item.
Ace Parking takes maintenance measures and cleanliness of our vehicles very seriously because a good first impression is essential to a new operation. Ace employees will be trained and required to maintain the appearance and cleanliness of the Smart Cars at all times. At the very minimum, employees will clean the floor and seating surfaces at the end of each shift.
The mechanical maintenance and storage of the vehicles will be of paramount importance.
All cars will be stored properly in the designated City Yard Facility when not in use. Frequent mechanical checks will be conducted by our staff and any cause for concern will be reported to the Smart Car or GEM dealer for a professional assessment. Detailed records of the maintenance and repairs on each vehicle will be tracked by the On-site Supervisor.
8.4 CRITICAL ISSUES
A critical issue with the enforcement operation is the manual processes currently in place.
Chalking vehicles takes time and reduces the number of rounds an officer can make during their shift. A manual process also makes it hard to gauge the officer's performance as ii relates to rounds made in a shift, number of tickets issued and ticket income by officer. 18 Item 1B - 187
~-
ii
Ace would look to resolve this issue by automating the process with the use of License Plate Recognition (LPR) technology. LPR cameras would be mounted on the roof of each enforcement vehicle along with the lights. The cameras would then be connected to a central computer within the vehicle. An image of what the mount would look like is shown below:
Officers could drive down the street and let the cameras register each parker by time stamp.
When the officer drives the route again, the system would update the time for each license plate and notify the officer when someone is in violation. A report showing how the system captures parkers and tracks an enforcement officer's route is shown below. The system can produce additional ticket tracking and employee shift reports as desired. 19 Item 1B - 188
.~ La.Sierra
Shift Report
~- u··•·FyliRIITY
PrintecJ Date 08/2212013
_ActMly Time
UM om
11:otam
1:05 lffl
8:05 lffl
l:Dtl·am
8:0fl...,
1:Maift
8:08am
t:Hlm
t:07 am
CtG7 am
1:·tJ•m
a:s.,..m
t:11 .....
e:tOim
l:tO am
1:1011111
ho,_,.,
1:11am
8:!Um.
f:1\.am
e:11 am
8:'1 am
t:11 ,m
e:11 m
1:11 am
t:U-
8:13am
1:14· Ifft
l:t6a!'ft
11:0hm
11:1/0A!R
~ ... , I.DI
~Mhi--
--
....... 11\' •• ffl
-l'la lol'O • --c.Le1°~(H Mll'utNI'
v---· ,. ....., 11e.lol 'C • tilt: ,c.ut- 'i!IIII« t1~· ..... Cl>llk 'tlfl'IM42'
Volf<I.Cl ... 'tFAll'
y--'"ll'AQ61J'
Yo,id•C-'tF."71'
lnhr Ile lol 'C • lllr 'C-ul • .,..., (Hk>\11)'
EOI• to ~d no NPII d,r --
Efll« IO l.lll •o-dtr~!ffl
"_.,, i,n:: .,,., -C-1..11 - ~•l!td'.
._.,. .. --IOl'-•'11'
-•--10r'li'i.lMci'
11 ...... 1o1 - · :11< •-l'lot~ fntl.-Th'll,I CJl<0\11)' II- - ,Olll1ll' V,.._Ctl'6'Wf .... .,. ___ ... ..,..
V-•-1'11111-\ltlilft()loollc 'IMltllf'
V-•Chall<-...v#1'
v-i.-WYAIM'
v-QNl!k-,r__.
v-OMll<'IO.r..tele'
VoHdeClltll<'IIDt_.
v.,.;m Chalk 't'!V_.
... ---'"' - Ill lot N' ---Plouo lltrnl • Slul'lent' ,_ ......... ,.,~ ....... _,, ,.,._)(Ofj'
-IOL<IRO- ....... n
...... 1.111 .. ---
The precise timing system illustrated in the report above will allow officers to issue more citations which will increase revenue to the city. The LPR system is not cheap; but only needs to generate an increase in fine income of approximately $1,500 per month to break even. Ace currently uses this system at the San Diego Airport and has realized significant efficiencies and increased revenue including payroll and overhead savings of $50,000.
In the event that LPR software is not integrated, Ace would recommend putting GPS in each of the enforcement vehicles. The GPS tracking will allow us to more efficiently report the enforcement officer's activity by shift. Either option will provide a more detailed tracking mechanism to ensure the enforcement route is being made in a timely manner and the greatest number of violations are being captured.
20 Item 1B - 189
SECTION C: STAFF QUALIFICATIONS
C.1 Ace Parking will utilize two parking enforcement officers and one supervisor to cover the two
11.5 hour shifts Monday - Friday and the 8 hour shift on Saturday and Sundays. Our enforcement officers will be able to issue citations, participate in community events and other parking enforcement programs, maintain street meters and pay machines, respond to resident complaints, provide customer assistance to the public, report issues with signage and vandalism, provide reports on work performance and participate in the citation hearing process if requested.
Bill Huff, On-site Supervisor
Bill Huff is the proposed On-Site Supervisor who will oversee the operation. Bill has direct experience with parking enforcement including 7 years of enforcement at Palm Springs Airport. He also has a keen understanding of the Duncan Solutions system, and the ability to provide fast, effective, first class service to City Parkers and City Officials.
Bill began his career in the United States Air Force. After retiring from the Air Force in 1964, he joined Arco Products Co. Bill worked for Arco for 33 years holding a number of positions including Foreman, Head Operator and Products Supervisor. In 1998, Bill joined the parking industry as a Parking Control Officer. Since then, he has been promoted to Parking Supervisor and has overseen the operations at the Palm Springs Airport for the last seven years.
Resume
Bill Huff-Proposed On-Site Supervisor
Work History
Ace Parking Management, Inc. 2006 to Present
Uniquely qualified parking management professional with over 14 years of commercial parking experience. Experience includes all facets of parking operations to include taxi starter management, shuttles and traffic enforcement. Expertise includes customer committed service, budget /forecasting, employee development, customer relations, revenue controls, automated system operations/integration, policy and procedure.
Parking Supervisor Palm Springs, CA 2006 - Present
Ace Parking
• Manage parking operations at Palm Springs Airport
• Prepare operating reports, conduct audits, and manage accounts payable, operating expenses, and revenues.
• Oversee training and develop for staff members
Parking Control Officer Palm Springs, CA 1998 - 2006
Standard Parking
• Supervised other parking control officers
• Prepared operating reports, conduct audits, and manage accounts payable, operating expenses, and revenues.
Arco Products Co. Various Locations 1964 -1997
Senior Financial Accountant
• Responsible for managing expenses of senior level executives • Managed budgets, P&L, payroll, revenue expenses, audits, reports, AIR & A/P 21 Item 1B - 190
•m <I
.
.
Education
• Norwest University, Business Degree
• United States Air Force - Veteran
Daniel May, Parking Control Officer
Daniel May will be one of the part-time PCO's who will serve as a city parking enforcer.
Daniel has direct experience with parking enforcement including 3 years of traffic enforcement at Palm Springs Airport. He also has a keen understanding of the Duncan Solutions system, and the ability to provide fast, effective, first class service to city parkers and the city officials.
Resume
Daniel May - Parking Control Officer
Work History
Ace Parking Management, Inc. 2010 to Present
Qualified parking management professional with over 3 years of direct parking experience.
Experience encompasses all facets of parking control including traffic directing and issuing citations. Expertise includes customer committed service, customer relations, automated system operations/integration, policy and procedure.
Traffic Enforcement Officer Palm Springs, CA 2010 - Present Ace Parking
• Manage curb side traffic enforcement at Palm Springs Airport • Inform patrons of curbside policies and issue citations as needed • Provide superior customer service at all times
Security Officer Palm Springs, CA 2009 - 2010
The Sands Regency Hotel & Casino
• Watched over the hotel and casino grounds
• Competent using hotel software programs such as DSR and OPERA • Utilized proper two-way radio etiquette to communicate with other security personnel
Education
• United States Navy, 1997 - 2001
• Covina High School, 1994 -1997
Michael L. Stockmaik, Parking Control Officer
Michael Stockmaik will be one of the part-time PCO's who will serve as a city parking enforcer. Michael has direct experience with parking enforcement at Palm Springs Airport. He also has a keen understanding of the Duncan Solutions system, and the ability to provide fast, effective, first class service to city parkers and the city officials.
Resume
Michael L. Stockmaik- Parking Control Officer
Work History
Ace Parking Management, Inc. 2010 to Present
Qualified parking management professional with over 3 years of direct parking experience.
Experience encompasses all facets of parking control including traffic directing and issuing 22 Item 1B - 191
citations. Expertise includes customer committed service, customer relations, automated system operations/integration, policy and procedure.
Traffic Enforcement Officer Palm Springs, CA 2013 - Present Ace Parking
• Manage curb side traffic enforcement at Palm Springs Airport • Inform patrons of curbside policies ·and issue citations as needed • Provide superior customer service at all times
Collections Lynwood, WA 2011 - 2012
Receivables Performance Management
• Legal department collections for pre-judgments and judgments third party accounts • Garnishments for all legal related inbound and outbound calls for FDCPA laws Customer Service Spanaway, WA 2008 - 2011
Fred Meyer Corporation
• Maintained clean appearance of sales floor and retail displays • Fill and refill all daily promotional items, provide a clean and friendly environment for customers
• Adhered to all store policies and safety procedures while maintaining the highest level of customer service
EDUCATION
• Woodinville High School Woodinville, WA 1982-1986
Ace Parking is committed to bringing a strong Parking Enforcement team to the City of Palm Springs. In addition to our on-site operations team, our General Manager of Palm Springs Parking Operations, Ed Learned will be working with the staff at every level making sure that they are supported during the transition and that the parking codes and laws are always being enforced and customers are properly assisted. In addition to Ed, the President of Ace Parking, Steve Burton will be supporting the team.
C.2 TRAINING PLAN
By the time we hire an employee, we have invested a significant amount of time and resources into that person. As such, we strive to nurture and develop that employee to the best of our ability. We understand that proper training goes a long way in terms of maintaining high morale and reducing employee turnover that is why we developed Ace Academy™. Ace Academy™ is run through social, structured and distance learning such as e-courses. Training includes but is not limited to expectations on the job, service standards, safety on the job, familiarity with the work site and city codes and the use of Ace Parking's proprietary systems and our client's systems.
Parking Enforcement Training:
After completing orientation, each team member receives lnMotionl On-The-Job Training at their job location. For a minimum of five days, a certified trainer will walk the new employee through their daily roles and responsibilities. The enforcement officer is made familiar with their work environment and taught the various policies and procedures of their job. In addition, a special safety training, driver training and radio training are conducted for enforcement officers.
23 Item 1B - 192
ii
Before Enforcement Officers are allowed to work on their own, they must demonstrate to their instructor that they are comfortable and confident with the following tasks:
• Executing established methods, practices, and procedures associated with parking control and enforcement.
• Public contact protocol.
• Procedures and precautions related to safe operation of vehicles and familiarity with California driving laws.
• Knowledge of assigned patrol areas in the Downtown District. • Use of two-way radios and proper radio etiquette.
• Observe and report any suspicious looking vehicles or activity. • Enforce the municipal codes; directs vehicle and pedestrian traffic; provides information on parking laws to the public.
• Issue citations or warnings for violations of California Vehicle Code provisions and parking control ordinances such as parking time limits zones, tow away zones, loading zones and metered parking areas.
• Be able to void incorrect citations and record them appropriately • Use a vehicle to patrol and to enforce parking laws and regulations. • Make court appearances as required.
• Report damaged or inoperative traffic control equipment and hazards such as broken sidewalks and pavement, etc.
• Maintain records and prepare legible reports including logging Daily Activity Reports. • Place identifying marks on parked vehicles and subsequently checks for these marks as a means of identifying vehicles that are parked beyond the legal time limit. • Identifies illegally parked motor vehicles and attaches a warning notice, issues a citation or impounds the vehicle.
• Report any irregular or hazardous circumstances to the police station by radio. • Explain parking regulations and provides information to the public; makes and keeps records and reports of actions taken in the line of duty. • Build and maintain positive working relationships with coworkers, other City employees and the public using principles of good customer service.
Personal Safety Training
Employees undergo a brief personal safety training which teaches employees the following:
Never jump in front of a moving vehicle to stop it.
Do not stand behind stopped vehicles. They may not be able to see you if they back up.
Be aware of your surroundings at all times.
Make yourself visible to other drivers.
Never stand in the way of traffic.
- Always wear a reflective vest
Vehicle Safety & Use
Any employee who drives a vehicle for Ace Parking must complete the following training on a one-on-one basis with a certified trainer before starting their job. This training should be conducted throughout an 8-hour shift. Any additional training that a driver receives is at the discretion of the site manager and certified trainer. 24 Item 1B - 193
The site-specific driver training familiarizes drivers with procedures and safety hazards at each location. There is a vehicle-specific drivers manual, based on the Vehicle Operation Manual. Managers, supervisors, or certified trainers review the manual with the driver before the driver operates a vehicle. In addition, the driver will accompany a manager, supervisor, or certified trainer on a ride along before operating a vehicle.
Defensive Driving Video
The defensive driving video is a generic training video provided by our insurance carriers. It is designed to remind drivers of general defensive driving techniques that they will utilize when operating a company-owned vehicle.
Training Materials
✓ Vehicle Operation Manual
✓ Vehicle Inspection Report
✓ Chubb issued Defensive Driving video
✓ Chubb issued Defensive Driving workbook
✓ "In the event of an accident" kit
Radio Training
Before an Enforcement Officer starts their job they undergo a brief radio training. Every officer on duty is required to have a two way radio with them at all times. The officer must learn the following before entering the field:
• How to check to make sure the radio is fully charged and in good working condition.
• Notify the supervisor if a radio does not work and locate a replacement. • How to turn the radio on to the designated channel.
• How to set the volume at a comfortable level.
• How to place the radio back in its charger at the end of the shift.
Proper Use:
•
•
•
•
•
•
•
Talk across the microphone slanted toward the face about 5 inches away .
Use a normal voice. Do not shout.
Make sure the information that you broadcast is correct. Be exact in giving locations, descriptions, etc.
Make all conversations short but complete. Do not use the radio as if it were a telephone. Use proper codes and keep the broadcast simple.
Speak in a clear distinct voice. Do not mumble, talk in low tones or raise the pitch of your voice. Do not talk too fast. Use your normal voice.
Think before you speak so that your transmission will sound intelligent.
Refer to all officers and personnel by their call sign or number . • Keep your composure. Do not display emotion by words or voice inflections that will reflect excitement, irritation, disgust, or sarcasm. Watch your choice of words.
• Be courteous. Monitor your radio before you start transmitting. Make sure no other person is transmitting.
• Do not break in or disrupt on-going transmissions. Wait for your turn. • When using the radio, push and hold down the transmit button and wait at least a second before you speak.
25 Item 1B - 194
r--------------------------------------- -
e;wa ___ _ m - • Always identify the person you are trying to reach first and then identify your call sign before transmitting your message.
1. For example, "Operations, this is PEO 1 ... "
2. You will then hear .... "This is Operations, Go Ahead ... "
3. Then you can transmit your message.
Radio Codes
10-4 Affirmative 10-9 Repeat 10-22 Disre.gard
10-6 Busy 10-17 Enroute or On the Way10-23 On Scene
10-7 Going off duty 10-20 Location Code 4 All Clear
10-8 On duty 10-21 Telephone Code 7 Lunch Break
Customer Service Training (Semi-Annual Requirement)
Throughout the year, Ace Parking's Training and Development department visits all locations for mandatory customer service training. Customer service training is also part of our onboard/orientation procedure. Additionally, many of our clients have site specific or corporate training programs, which they ask our staff to participate in. Ace Parking welcomes this at any of our operations. See the Ace Academy™ Learning and Development overview below to see all of our customer service training.
Ace Academy™ Training, Learning and Development Program Ace Academy™ includes employee development plans for building competencies and social learning fostered by peer-based learning activities such as coaching, mentoring, and experiential learning. We utilize a unified Talent Management Model that incorporates a Learning Management System that enables our managers to gain insights from pipeline analysis, performance reviews, and succession and career planning to accelerate employee growth and ensure retention and engagement of top talent. 26 Item 1B - 195
Ace Parking Talent Management Model
_ .... • *
• - •
Our well-developed program works because we offer a wide variety of learning and training options needed to accelerate team member adoption. Ace Academy™ drives .succes.s and extends our company's value by using professional Career Coaches who design and deliver structured curriculum and learning events that include the following:
I. Social Learning - includes discussion, ratings, reviews, and file sharing.
II. Learning Communities - where experts share what they know with new hires and geographically distant colleagues.
Ill. Structured Learning Plans - that offer several learning options including Instructor Led classes and Train the Trainer Programs. The more traditional Instructor Led class allows team members to benefit from the instruction and technical expertise of the Career Coaches in a classroom setting. Train the Trainer is a form of independent learning whereby they are given the tools to learn the coursework and then critiqued by one of our Career Coaches.
IV. On Demand Courses - In order to engage participants across all regions, we utilize various technology tools, including: E-Learning though our repository of elearning courses and Mobile learning through the use of Litmos technology which makes course material accessible to iPhones, iPads, iPod Touch and Android devices.
Our entire curriculum is taught through the prisms of:
• Integrity - What behaviors and characteristics are exhibited in this standard? • Quality - How does learning improve the quality of service for customers and clients? • Accountability - How do we measure our outcomes to ensure that we deliver on our promise and exceed expectations?
IMPROVE
+
CONTROL
Ace Academy™ Curriculum may be defined as what team members should know, be able to do, and be committed to (content), how ii is taught (instruction), how it is measured (assessment), and how the Academy system is organized (context). The Ace Academy™ model provides information that allows team members to develop new thought processes that lead to new behavior choices.
27 Item 1B - 196
Our steps to Improve and Control the targeted outcomes of Ace Academy™ begin by checking to insure our systems of Measurement and Analysis provide consistent information over time and over a number of trials in order to establish three dimensions of consistency:
• Consistency over time.
• Consistency from team member to team member.
• Consistency of Evaluators.
Ultimately, improvement relies upon a continuous reworking of all of our instructional components. Diagnostic pre-testing, curriculum design, content standards development, instructional delivery, rubric development, and assessment pieces are all analyzed on a regular basis to make sure they are complementary and that the whole is indeed greater than the sum of the parts.
Ace Academy™ believes the progressive mastering of learning is not merely a step towards a symbolic goal (such as a certificate), but is an invaluable part of quality execution of daily assignments.
28 Item 1B - 197
ii
SECTION D: LOCAL PREFERENCE
D.1 Attached below is Ace Parking's current business license from the City of Palm Springs.
Ace Parking is truly a local company. Even before Ace began operating the Palm Springs Airport's parking in 2005, we were and still remain part of the community. Our owner, Scott Jones, has a home in the area. The President of Ace Parking, Steve Burton's family has lived in the area since 1984. We are members of the community.
From a business standpoint, we have done business in the City of Palm Springs since 2005.
We have serviced the citizens of Palm Springs at the Airport. Annually, we interact with millions of locals at the parking operations and on the roadway at the Airport. We have a staff of 20 employees and over our tenure have generated nearly $3,000,000 in payroll.
We are a contributing member of the Airport and an important part of why this Airport has been named the one of the country's most Stress Free Airports. We are proud of our accomplishment with the Airport and on behalf of the City of Palm Springs.
We have a proven track record of being a good partner to the City. We are really looking forward to the opportunity to expand on our very good relationship. Please see our City of Palm Spring Business License below.
Attachment A has been completed and included in Section A.1 . . Ea=-r.=.~)«7r /·:·.·::·1--y71
...... ,wm ACIMQIIIO. . . . _, .. _
lldsi:-- '.'300-,\ TAIIQilm.'WMl!i!(AY . ., ..... _Oji_ , ~Ol''Wl ...... JifDlrt:M!nJU
----1"'-•---A
·_, --------CA MltJ .-.Qllcwsa. t.Jildi' .... ....,.MJ .. , • n . . . ' ·c:i, _____ ___ MUST Bll l'OST.1!11 JN A~
D.2 Ace has proposed an operations team that is local and has been living and working in the City of Palm Spring for many years. Each of the proposed staff members' local expertise is outlined in their resumes in Section C.1.
The Regional Manager, Ed Learned who will support the whole parking enforcement team has lived and worked for Ace Parking in Palm Spring for the last 2 years. He is currently the General Manager of the Palm Springs Airport.
29 ··~ :-
' .
Item 1B - 198
30 Item 1B - 199
~ ..
m - SECTION E: COST PROPOSAL
E.1 Ace Parking is committed to developing a long term parking partnership with the City of Palm Springs. We know that if given the opportunity to manage the parking enforcement, your parking assets will achieve successful results that will change your thinking about how parking should be managed in the future. We are prepared to improve every aspect of the parking operations from, revenue collection to expense controls and customer service.
Part of being a true partner is looking for ways to reduce cost and provide a more efficient operation. If we identify any ways to save money you can be sure we will bring it to your attention. Please see Attachment C: Cost Proposal in Envelope # 2.
Inside the sealed, named Envelope #2, there is a second cost proposal which factors in the LPR technology. Integrating this technology will increase costs but will also increase efficiency and the revenue from citations.
31 Item 1B - 200
BASE BID
AiTACHMENT "C"
"THIS FORM MUST BE COMPLETED AND SUBMITTED IN kSEPEJjATEL Y .SEALED.
ENVELOPE#2 ''Cost Proposal", NOTwlth Envelope #1, Technloal/Work Propos;1I•) .REQUES'r FPRPl'l,OPOSAL (RFP #Q4•14)
PARKING ENFORCEMENT SERVICES
COST PROPOSAL
Rel;pondJng to Request for Proposal No. 04-14 for Parking Enforcement Services, I/WE will a:ttePt as full payment thefollowlng specified Itemized Unit Rates Per Hour based on aotual hours of servfoe provided for providing all labor, supervision, servlc.es, materl;1ls eql:llpment, ~1;1ppJ1es, ti:all'.lii1gf and ,any other misc11Haneous items require(! IQ p11tfortn ttte Parking EtrfotcenrentSeMc,es; The undersigned Proposer proposes and a!jJees to ptovlde anwotkatld seMaes necessary to deliver the Patking Enforcement services as defined in the Scope of Werk.,herein. Note that Hours are ESTIMATED and subject to change by the City. ·~tes Per Hour represent the amounts l:)id to provide the services, a.nd ,ire NOT based upon the· actual hourly rates paid to the contractor's employees. Contractor Is expected to follow all EIPP!icable Federal and Slate Employment laws, rules and regulations. Invoices shall be ,submitted to the City on a Monthly Basis for actual services rendered, not in advance or antlclpatlon ofservices "to be renderetj" and are payable by the Gltywil:hin 30 days.
Hbtrtry Rates fbt Regular Schedule:
$ RATE PER xWEEKLY ., ,-
HO!JR HQ!JRS Uns· e SlroeMs.qr FPCO $ 1n,90 40 Pa.rk no Contro!O(tlcer(l?CO) #1 $ ?o en 24 Pali& nn ControLOfficer (PC(')). #2 $ ~;Ci .-~-f'I 25 VVEEKL Y1'OTAL 89
MINUAL COST: (Weekly Total X 52
we!!kli)
Hourly Rates for Extra Hours, up to 40Hours Per Week:
I Psrklng CoritroJ'.Offioer (PC:Q)
I $RATEPER HOUR
-$ ··.,a --s-a
Hourly Rates for Extra Hours, In Excess of40 Hours PerWeek1 .On.site$uoen,isor /PCO
Pe/Rih!l Control Officer (PCO)
-··
$ RATE PER
$
$
RFP #04-14
HOUR
or M
25 .. 00
$ COST PER \IVEi:K
$ l.,239.60
$ ._,., . ., ""
$ "f'1 ""J· ~n
$ •~ ,6l6 .10
$137, 0?7, 20
Revised: 6/16/10
Item 1B - 201
# ~ EVERY THANK YOU EARNED."' CITY OF PALM SPRINGS
Parking Enforcement
~J
•\. ... ~ .• l"\
d I.• I
'
WE SEE THE PEOPLE,
NOT THE CARS.
Item 1B - 202
• • EVERY THANK YOU EARNED.~ YOUR EXPERIENCED PARKING ENFORCEMENT TEAM • Project/Account Manager: Brian Tarbell/Steve Burton
• Oversee transition, training, general operations, provide corporate support and provide communications to the City of Palm Springs • Supervisor/Parking Control Officer: Bill Huff
• Will oversee all day-to-day parking enforcement operations and team • 15+ years of Experience with the City of Palm Springs at the Palm Springs Airport as a Traffic Enforcement Officer, Parking Control Officer and Supervisor • Part Time Parking Control Officer: Daniel May
• Enforce all parking related ordinances, statues and codes as required Item 1B - 203
" • EVERY THANK YOU EARNED.™
ACE'S OPERATIONAL APPROACH
• Service-oriented Organization
• Top-notch customer service to residents & visitors is a requirement • Ace's Enforcement Team = Extension of the City of Palm Springs • Cross train PCOs for City and the TEOs at the Airport to be able to do both, increasing the size of qualified staff • Consultative Partnership
• In a downtown resort destination, we understand the importance of proactively managing operations so we can help move cars in and out of downtown areas to support local businesses • Training: Our Enforcement Officers are highly trained in Ace's customer service standards as well as our Ambassador Program • Accomplishment: Proud to contribute to the Palm Springs International Airport's designation as TOP 10 LEAST STRESSFUL AIRPORTS • Recommendation: License Plate Recognition & Real Time Data Reporting Item 1B - 204
Parking Enforcement on Public Streets for a Municipality • City of Palm Springs International Airport
• 7+ years
• 20 hours per day, 365 days per year
• Write Citations for City and State vehicle codes and TSA regulations • Parking Management, Traffic Enforcement, Shuttle Service • Provide monthly reporting on revenue and statistics
• City of Chula Vista
• 5+ years
• Mon - Sat, 9am-6pm
• Write citations for City municipal codes
• Meter collection, parking law enforcement, customer service • Provide weekly reporting on revenue and statistics
OlYOF
CHUIA VISTA
Item 1B - 205
- • EVERY THANK YOU EARNEO.N EQUIPMENT EXPERIENCE
• Handheld Units are similar to cars, all have 4 wheels, engine, doors. Only real difference is bells & whistles and different manufacturers • Ace has experience with different types of handheld ticket devices in many of our operations. All are very similar in operation but may be used for different functions • The Casio IT-9000 is very similar to the AutoCite X3 which we use at our City of Chula Vista Enforcement operations and all of our San Diego locations • Each team member already has experience on other
handheld equipment similar to the Casio IT-9000
• Every team member will be fully trained on the new equipment Item 1B - 206
- • EVERY THANK YOU EARNED.~ PARKING CONTROL OFFICER - ROUTE/CYCLE Upon completion of a patrol route/cycle, the PCO will:
• If 3 hours have not passed, the PCO will review the route for other parking violations and issue as necessary • Once 3 hours have passed, the PCO will return to the beginning of the patrol route and observe if any of the vehicles on the route are in violation • We will hold our PCOs to a high standard of accountability. All of their time will be accounted for during the entire shift of work. • Utilization Reports from Casio IT-9000 • GPS on Vehicles, and possibly on the Casio IT-9000
• Optional: License Plate Recognition
Item 1B - 207
,, • EVERY THANK YOU EARNED.™ GPS TRACKING
As mentioned in our proposal, Ace highly recommends putting in GPS Tracking in all of the Enforcement Vehicles. • Allows us to more accurately report PCOs activity by shift • Ensures PCOs are completing the route in a timely manner • Ace is capable of including GPS Tracking and Providing the City's Contract Administrator with direct access to the data.
Item 1B - 208
,, • EVERY THANK YOU EARNED.™ THE ACE DIFFERENCE
EVERY THANK YOU EARNED.
Ace Parking does more than take care of cars.
We take care of people.
We do whatever it takes to earn a "Thank You"
from you and your customers,
day or night, at a moment's notice.
Item 1B - 209
- • EVERY THANK YOU EARNED.™ TRAINING - BASED ON EVERY THANK YOU EARNED Ace has a very robust training program focused on customer service and integrity, which empower our team members to stop, think and make the right decision. We specifically train our team members on policy and procedure so they know what steps to follow when a situation arises. For example:
How to manage angry customers during the citation process:
During the citation process, our PCO will stop and listen to the customer. The PCO will then determine how to proceed.
How to manage angry customers after the citation process:
Our team members are trained to always react positively. If our team members are approached by an angry customer, we will always politely and respectfully respond with the information regarding the appeal process. Our goal is to provide information and positive customer interactions. We also suggest providing a small handout that explains the appeal process to the customer to help them go through the steps.
Ace is also willing to follow the City's preferences on this issue.
Item 1B - 210
• • EVERY THANK YOU EARNED.'"
AMBASSADOR APPROACH
Ace's overall approach to parking management follows the "Ambassador" style of service. At all of our locations, we are acting as ambassadors for our clients, to the property, the attraction or the City they are visiting. Some of the ways we will provide an Ambassador-like experience include:
• PCOs will be familiar with streets, attractions and businesses • PCOs will be able to provide directions to residents and visitors for the City of Palm Springs • PCOs will have City information handy to give out to the public, including information on the citation appeal process Item 1B - 211
- • EVERY THANK YOU EARNED.'" CUSTOMER INTERACTIONS/ACE POLICY • When issuing a citation and the driver approaches, Ace will stop/pause and listen to the driver first. • Ace believes that the citation has been formally issued and the matter is out of our hands, once the citation is submitted and uploaded to the system. Unless otherwise directed by the City of Palm Springs, we will then inform the customer of the appeal process to follow. • As a general rule, Ace will always issue a citation if it appears that a parking violation has occurred. It is our understanding that the City of Palm Springs is hiring Ace to enforce the parking laws, not to determine who is exempt from those laws. • Ace's team is instructed to notify law enforcement when the PCO feels their personal safety or safety of others is at risk, when violence is threatened, an angry customer is blocking a driveway or enforcement vehicle or other instance that keeps our PCOs from doing their job. • Ace's team will not give any preferential treatment to anyone, regardless of their stature in the community, ownership of a downtown business or affiliation with the City or connection to local officials. All customers are treated with the same respect and will be informed of the appeals process.
Item 1B - 212
- • EVERVTHANKYOU EARNED.'"
WHY ACE IS THE RIGHT CHOICE
• Current partner of the City of Palm Springs
• We know the City's expectations and have proved that we can already live up to them • Only company that can cross train the PCOs and TEOs from Airport • Corporate HQ's and Executive Support - only a couple hours away • Enforcement Experience
• 3,800 metered parking stalls in San Diego
• 5+ years of Parking Enforcement for City of Chula Vista • 7+ Years at Palm Springs International Airport
• Technology Experience
• Service-oriented Company With Ambassador Approach
• Smooth Transition and Consultative Partnership
Item 1B - 213
EXHIBIT "D"
SCHEDULE OF COMPENSATION
I/WE will accept as full payment the following specified Itemized Unit Rates Per Hour based on actual hours of service provided for providing all labor, supervision, services, materials equipment, supplies, training, and any other miscellaneous items required to perform the Parking Enforcement Services. The undersigned Proposer proposes and agrees to provide all work and services necessary to deliver the Parking Enforcement Services as defined in the Scope of Work herein. Note that Hours are ESTIMATED and subject to change by the City.
Rates Per Hour represent the amounts bid to provide the services, and are NOT based upon the actual hourly rates paid to the contractor's employees. Contractor is expected to follow all applicable Federal and State Employment laws, rules and regulations. Invoices shall be submitted to the City on a Monthly Basis for actual services rendered, not in advance or anticipation of services "to be rendered" and are payable by the City within 30 days.
Hourly Rates for Regular Schedule:
Parkin Control Officer PCO #2
WEEKLY TOTAL:
ANNUAL COST: (Weekly Total x 52
weeks
$ RATE PER
HOUR
$ 30.99
$ 28.50
$ 28.50
xWEEKLY
HOURS
40 24
25 89
Hourly Rates for Extra Hours, up to 40 Hours Per Week:
Parkin Control Officer PCO
$ RATE PER
HOUR
$ 28.50
Hourly Rates for Extra Hours, in Excess of 40 Hours Per Week:
$ RATE PER
HOUR
$ 25.00
$ 25.00
$ COST PER WEEK
$1,239.60
$ 684.00
$ 712.50
$2,636.10
$137,077.20
Item 1B - 214
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
Enforcement Times: Contractor will perform enforcement duties Monday through Sunday 12:00 p.m. to 8:00 p.m., with a minimum of 89 hours per week. Some holidays are excluded.
Please note that these hours and schedule may be modified by the City Manager or the City Manager's designee at any time with written notice to Contractor.
Enforce the City's downtown, on-street and parking lot parking program. Please note that this program may be modified at the discretion of the City Manager or the City Manager's designee at any time.
Contractor shall provide three (3) qualified, trained personnel who will work a minimum of 89 hours per week: one (1) full-time Onsite Supervisor/Parking Control Officer(PCO) who will work 9 a.m. until 6 p.m.(40 hours); one (1) part-time PCO to work the11:30 a.m. until 8:30 p.m. shifts Friday through Sunday (24 hours); and one (1) part-time PCO to work 3:30 p.m. until 8:30 p.m.
Monday through Friday or as needed (25 hours), for a total of 89 hours. These hours and schedule may increase or decrease based on the City's needs. Each eight (8) hour shift will be given a meal break of one (1) hour.
PERFORMANCE STANDARDS FOR PARKING ENFORCEMENT SERVICES:
Contractor will be responsible for adhering to the City's Parking Enforcement Standards listed below:
Operations Methodology: The City strongly believes in customer service, and expects Contractor and Contractor's personnel to treat the public in a polite, helpful, and professional manner at all times. Enforcement action is to be carried out in a uniform and fair manner.
Contractor shall not directly or indirectly give any preferential treatment to any person or entity in the performance of their enforcement duties.
Patrol City Streets: Contractor shall effectively patrol City streets and take appropriate action (i.e., cite vehicles in violation of parking regulations, report potential abandoned vehicles or vehicles creating unsafe conditions, record date and time of the patrol, etc.).
Voided Parking Citations: Any citation deemed inappropriate during or immediately following issuance can be voided by the Parking Control Officer (PCO) who issued the parking citation, provided the PCO issues a corrected citation. If the PCO determines that the parking citation should be voided due to an error on the PCO's part and a corrected citation will not be issued, the PCO shall document and record this action. Voided parking citations will be recorded and monitored via the citation database. Citation Processing Services are NOT part of the scope of work for this contract, as the City shall contract for those services separately.
Acceptable Time Gaps between Parking Citations: All PCOs are expected to patrol and issue appropriate citations as necessary during their shifts. A PCO must account for all time and streets patrolled during each shift by producing a valid Daily Activity Report (DAR). All PCOs will begin patrol activities no later than thirty (30) minutes after the start of shift and thirty minutes before end of shift. (Note: 30 minutes is adequate time to obtain Auto-Cite from City Item 1B - 215
Hall, drive to Fleet Services at the City Yard to obtain keys and get a vehicle. The same applies for the evening to return Auto-Cite and vehicle to the secure location at the City Yard).
DOWNTOWN P.C.O. PATROL ROUTE PLAN:
BEGIN CHALKING on Tahquitz Canyon Way at Calle Encillia, heading west to Belardo Road, make a U-turn and continue chalking Tahquitz Canyon heading east to Calle El Segundo. (Log time)
(not chalking*) Turn right on Calle El Segundo heading south to Ramon Road. Turn right onto Ramon and continue to Indian Canyon Way. Turn right onto Indian Canyon Way.
BEGIN CHALKING on East side of S Indian Canyon (E) heading north to Avenida Grand Via Valmonte
(Log time)
(not chalking*) Turn left onto Avenida Grand Via Valmonte , go to N Palm Canyon and turn right.
BEGIN CHALKING on the East side of N Palm Canyon (E) heading north to Via Lola (Log time)
Turn left onto Via Lola
BEGIN CHALKING on Via Lola heading west to the end of the street, make a U-turn and continue chalking Via Lola heading east back to N Palm Canyon. (Log time)
Turn right onto North Palm Canyon Dr.
BEGIN CHALKING on the West side of N Palm Canyon (W) heading south to Alejo. (Log time)
Turn right onto Alejo
BEGIN CHALKING on Alejo Road heading west. Enter and Patrol the City of Palms Springs Free Unlimited Parking Lot on Alejo Road at the corner of Belardo Rd.
Leaving parking lot, turn left onto Alejo and continue chalking Alejo heading east to Palm Canyon.
(Log time)
Turn right onto Palm Canyon Dr. and move into the far left lane BEGIN CHALKING on East side of Palm Canyon (E) to Baristo Rd (Log time)
(not chalking*) Continue on Palm Canyon, turn left onto Ramon Road, and turn left onto Indian Canyon Way
BEGIN CHALKING on the left (west) side of S Indian Canyon (W) heading north to Baristo Road
Item 1B - 216
(Log time)
Turn left onto Baristo Road
Enter and Patrol City of Palm Springs Free "Downtown Parking" Garage Structure on Baristo Road and exit the structure where you came in on Baristo and turn right.
BEGIN CHALKING on Baristo heading west to Belardo, make a U-turn and continue chalking Baristo back to Indian Canyon Way.
(Log time)
Turn left onto Indian Canyon Way
BEGIN CHALKING on the left side of S Indian Canyon Way (W) heading north to Arenas Rd. (Log time)
Turn left onto Arenas Rd
BEGIN CHALKING on Arenas Rd heading west to Belardo, make a U-turn and continue chalking Arenas Rd back to Indian Canyon Way
(Log time)
Enter and Patrol City of Palm Springs Free Parking Lot on Arenas Road at Indian Canyon Dr. behind "Lulu's" restaurant
(Log time)
Exit the parking lot and turn left onto Indian Canyon Way BEGIN CHALKING on the west (left) side of Indian Canyon (W) to just past Andreas Road, then turn left and enter and Patrol the "Henry Frank" parking lot. (Log time)
Exit the parking lot and turn left onto Indian Canyon
CONTINUE CHALKING on the west (left) side of Indian Canyon (W) to Amado Rd. (Log time)
Turn left onto Amado Road
BEGIN CHALKING on Amado Rd heading west to Belardo, make a U-turn continuing to chalk Amado Rd back to Indian Canyon Way.
(Log time)
Turn left on Indian Canyon Way heading north to Alejo. Turning left onto Alejo and left again onto Palm Canyon Dr., move to the right lane.
BEGIN CHALKING on the West side of Palm Canyon (W) heading south to Baristo Rd (Log time)
Item 1B - 217
---------------------------- -- --- -
(not chalking*) Continue on Palm Canyon to Ramon Rd. Turn right on Ramon then turn right again onto Belardo Rd. Proceed to, and cross, Baristo Rd and then turn right and enter and Patrol the City of Palm Springs Free Unlimited Parking Lot at the "Vineyard". (Log time)
Leaving parking lot, turn right onto Belardo and proceed to, and cross, Arenas Rd. Turn right and enter the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot.
BEGIN CHALKING the "Mercado Shopping Center" 3-Hour Time Limit Parking Lot {Log lime)
When leaving the Mercado parking lot turn right onto Belardo and at Tahquitz Canyon make a quick right and then left turn into the City of Palm Springs "Downtown Revitalization Project" Free Unlimited Parking Lot and patrol. (this lot is currently surrounded by major construction) {Log time)
(not chalking*) Leave the parking lot at the back (west) exit, turn right onto Museum Drive and continue around until Museum Dr. becomes Belardo Road again. Continue past Amado Rd intersection and past the Amado Center, then turn right into the City of Palm Springs Free Unlimited Parking behind the "Azul" and "Blue Coyote" restaurants and Patrol the lot and exit the way you came in.
(not chalking*) Turn right onto Belardo Rd and continue to Alejo Rd. Turn right on Alejo Road to Indian Canyon and turn left. Go north on Indian Canyon until you get to Tachevah Dr. , then turn right on Tachevah Dr. and then turn left on Miraleste.
BEGIN CHALKING on the west bound side of Miraleste and end chalking at Tachevah Dr. (Log time)
This concludes your route.
The PCO will at this point look at his or her watch to determine if three (3) hours have passed.
If not, the PCO may review the route for other parking violations such as color zones or handicapped violations, etc. If three hours have passed since starting the first chalking rotation, then the PCO returns to the beginning of the patrol route and observes if any of the vehicles parked are in violation by the chalk mark put on the lire and writes a citation. Once completing all citations for the route, the PCO then goes back to the beginning of the route and starts the chalking / patrol again. This cycle is typically repeated three times per day.
Note that the South (front) and East parking lots at City Hall are to be patrolled once per day on Friday, Saturday, and Sunday only. (City Hall is open Monday thru Thursday).
Item 1B - 218
Steve Burton
President
645 Ash Street
San Diego, CA 92101
City of Palm Springs
Department of Special Program Compliance
425 North Civic Drive • Palm Springs, California 92262
Tel: 760.322-8382 • Fax: 760.322.8317 • TDD 760.864.9527 • www.palmspringsca.gov May 11, 2021
Re: Palm Springs Parking Enforcement Services Contract Agreement No. 6497; End of Suspension of Parking Enforcement Services.
Dear Mr. Burton;
The City of Palm Springs has agreed, effective March 17, 2021, to end the suspension of parking enforcement services, which suspension commenced on April 8, 2020 due to the COVID-19 pandemic. A letter of extension, dated August 24, 2020, amended Section 3.4 of Agreement No. 6497 to include the following language: "Unless earlier terminated under this Agreement, this Agreement shall commence on March 18, 2014, and continue in full force and effect for a period of seven (7) years plus the number of prorated months, during which the provision of parking enforcement services under this Agreement is suspended due to the COVID-19 pandemic".
The City of Palm Springs has determined that, for purposes of the above-language, the number of prorated months is to be eleven (11) months. Agreement No. 6497's original expiration date of March 18, 2021, is therefore extended to February 18, 2022. This Agreement may be extended for one (1) two (2) year optional renewal period, whereupon this Agreement shall terminate. Any extension must be through mutual written agreement of the Parties.
By countersigning below and returning this letter to us, you will be agreeing to the extension of the term of Agreement No. 6497 by the eleven (11) months referenced above. You are further agreeing that all terms, conditions, and provisions of Agreement No. 6497, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the terms as specified above and any provisions of the Agreement No. 6497, the terms as modified herein shall in all respects govern and control. You also agree that, notwithstanding the Notice provision in Section 10.2 of Agreement No. 6497, that the signing and delivery of this letter shall be effective if made by electronic (i.e., .pdf) transmission.
Item 1B - 219
2 I Page -A6497 End of Suspension of Parking Enforcement Services Should you have any questions or concerns regarding these terms, please do not hesitate to contact the Department of Special Program Compliance.
Sincerely,
Justin Clifton
City Manager
City of Palm Springs
AGREED AND ACCEP~
B~-n./-t'.J---~------------
ACE Parking Management, Inc.
APPROVED AS TO LEGAL FORM:
Jeffrey S. Ballinger, City Attorney
CC: Marcus Fuller, Assistant City Manager
Item 1B - 220
1. Name of Entity
Public Integrity Disclosure
APPLICANT DISCLOSURE FORM
ACE Parking Management, Inc
2. Address of Entity (Principle Place of Business)
645 Ash Street, San Diego CA
3. Local or California Address (if different from #2)
N/A
4. State where Entity is Registered with Secretary of State If other than California, is the Entitv also reaistered in California?~ Yes D No
5. Type of Entity
Iii Corporation D Limited Liability Company D Partnership Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers, and other fiduciaries for the member, manager, trust or other entity Scott Jones
John Baumgardner
Steve Burton
[Name] Iii Officer D Director D Member D Manager
D General Partner D Limited Partner
D Other
[Name] Iii Officer D Director D Member D Manager
D General Partner D Limited Partner
D other
[Name] Iii Officer D Director D Member D Manager
D General Partner D Limited Partner
D Other
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Revised 05/19/2019
Item 1B - 221
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entitv EXAMPLE:
JANE DOE 50%, ABC COMPANY, INC.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
Scott Jones 100%
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. rinted Name, Title Date
2/11/2022
Steve Burton, President
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the Citv.
Revised 05/19/2019
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Page2of2
CITY COUNCIL STAFF REPORT
02/24/2022 1. C.
City Clerk -
SUBJECT
APPROVAL OF AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22
RECOMMENDATION:
Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1C
CITY COUNCIL STAFF REPORT
DAT
E: FEBRUARY 24, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22
FROM: Justin Clifton, City Manager
BY: Jeremy Hammond, Deputy City Manager
SUMMARY:
Th
e City Council will consider an amendment to the current fiscal year Allocated Positions and Compensation Plan, which would result in a salary range change for the Fire Chief.
RECOMMENDATION:
1. Adop
t Resolution No. ______, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 6 TO
THE ALOOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912.”
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
As
part of the ongoing analysis of the organization and the executive leadership team , the City Manager is proposing to augment the salary range for the position of Fire Chief .
After completing a salary survey for this classification, it was discovered that the salary range is more closely tied to the Chief of Police in many of the jurisdictions with which we have historically compared. It is recommended that the City Council authorize the salary range change for the Fire Chief to EX4 89.
Staff recommends that the City Council approve amending the FY 2021-2022 Allocated Positions and Compensation Plan by adjusting the salary range for the classification of Fire Chief.
FISCAL IMPACT:
Suf
ficient funding is available in the current fiscal year budget. No additional appropriation from General Fund Balance is required.
Item 1C - 1
City Council Staff Report
February 24, 2022 -- Page 2
Amendment to Allocated Positions and Compensation Plan
REVIEWED BY:
Department Director: Jeremy Hammond
City Manager: Justin Clifton
ATTACHMENTS:
A. Resolution.
B. Amended Allocated Positions and Compensation Plan.
C. Amended Salary Schedules.
Item 1C - 2
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
AMENDMENT NO. 6 TO THE ALLOCATED POSITIONS
AND COMPENSATION PLAN FOR FISCAL YEAR 202 1-
2022, ADOPTED BY RESOLUTION NO. 24912.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That the Allocated Positions and Compensation Plan for positions in the City Service is hereby amended as follows:
Department Action Classification Unit/Range
Fire Range
change Fire Chief EX4 89
SECTION 2.
The Director of Human Resources is authorized and directed to modify the Fiscal Year Allocated Positions Plan and fulfill any meet and confer process(es) in accordance with these changes.
SECTION 3.
The position changes approved by this resolution shall be effective on March 6, 2022.
Total Authorized positions 2021-2022 (As Adopted) 51 6.00 Total Authorized positions 2021-2022 (Amendment 1) 51 7.00 Total Authorized positions 2021-2022 (Amendment 2) 517.00 Total Authorized positions 2021-2022 (Amendment 3) 519.00 Total Authorized positions 2021-2022 (Amendment 4) 519.00 Total Authorized positions 2021-2022 (Amendment 5) 520.00 Total Authorized positions 2021-2022 (Amendment 6) 520.00
ADOPTED THIS 24TH DAY OF FEBRUARY 2022
Justin Clifton, City Manager
ATTEST:
Anthony Mejia, City Clerk
Item 1C - 3
Resolution No.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on this 24 th day of February 2022, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Anthony Mejia, City Clerk
City of Palm Springs, California
Item 1C - 4
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan AVIATION 58.00
Airport Administration Section Total 8.00
Executive Director PS International Airport EX3 83 1.00 Assistant Airport Director EX3 70 1.00
Executive Program Administrator EX2 52 1.00
Executive Administrative Assistant EX2 45 1.00
Deputy Director of Aviation - Marketing MX 62 1.00
Airport Administration Manager MX 61 1.00
Administrative Secretary MX 39 1.00
Account Specialist II G 39 1.00
Control Center Operations Section Total 21.00
Airport Operations Manager MX 56 1.00
Airport Security Coordinator MX 54 1.00
Airport Operations Supervisor MX 50 4.00
Airport Operations Specialist II G 46 1.00
Airport Operations Specialist I G 44 14.00
Airport Operations Aide G 34 0.00
Terminal Operations Section Total 29.00
Maintenance Superintendent MX 54 1.00
Maintenance Supervisor MX 51 3.00
Maintenance Technician, Senior G 45 1.00
Maintenance Technician II G 39 3.00
Maintenance Technician I G 35 2.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 14.00
Industrial Technician G 45 3.00
CITY CLERK 5.00
City Clerk Section Total 5.00
City Clerk EX4 73 1.00
Chief Deputy City Clerk MX 54 1.00
Deputy City Clerk MX 40 1.00
Executive Administrative Assistant EX2 45 1.00
Executive Services Assistant G 28 1.00
Dept./Section/Classification Unit Range Allocated
Positions
Revised December 9, 2021
Item 1C - 5
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
CITY COUNCIL 2.00
City Council Section Total 2.00
Executive Assistant Mayor/Council EX2 48 1.00
Executive Administrative Assistant EX2 45 1.00
CITY MANAGER 8.00
City Manager Section Total 4.00
City Manager CM FLAT 1.00
Special Assistant to the City Manager EX2 66 1.00
Executive Services Administrator EX2 48 1.00
Deputy City Manager EX4 84 1.00
Assistant City Manager Section Total 2.00
Assistant City Manager¹ EX4 88 1.00
Executive Administrative Assistant (Funded in Dev Services) EX2 45 1.00 Neighborhood Development & Relations Section Total 1.00 Office of Neighborhoods, Manager EX2 60 1.00
Public Affairs Section Total 1.00
Director of Communications EX2 60 1.00
COMMUNITY & ECONOMIC DEVELOPMENT 9.00
Community & Economic Development Section Total 5.72
Deputy City Manager EX4 84 1.00
Director of Community & Economic Development EX3 76 0.27 Administrative Coordinator MX 41 1.00
Community Development Administrator MX 53 0.45
Central Business District Administrator MX 59 0.50
Director of Fund Development EX2 59 1.00
Housing Services Administrator MX 57 1.00
Redevelopment Coordinator MX 51 0.50
Community Development Block Grant Section Total 0.20
Community Development Administrator MX 53 0.20
CRA Merged Area #1/Merged #1 CAP Successor Section Total 1.43 Director of Community & Economic Development EX3 76 0.43 Central Business District Administrator MX 59 0.50
Redevelopment Coordinator MX 51 0.50
Revised December 9, 2021
Item 1C - 6
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Housing Successor Project Section Total 0.20
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.05
New Housing Section Total 1.15
Director of Community & Economic Development EX3 76 0.15 Community Development Administrator MX 53 0.30
Housing Program Assistant G 39 0.70
Rent Control Section Total 0.30
Housing Program Assistant G 39 0.30
DEVELOPMENT SERVICES 41.00
Building & Safety Section Total 13.33
Building Official EX2 67 1.00
Plans Examiner Supervisor MX 55 1.00
Building Inspector Supervisor MX 51 1.00
Administrative Secretary MX 39 1.00
Plans Examiner G 47 2.00
Building Inspector G 45 4.00
Permit Center Technician G 43 3.33
Engineering Services Section Total 14.33
City Engineer EX3 79 1.00
Administrative Coordinator MX 41 1.00
Civil Engineer, Associate¹ MX 59 2.00
Civil Engineer, Senior¹ (Funded in Wastewater) MX 64 1.00 Civil Engineer, Senior (Funded in Aviation) MX 64 1.00
Engineering Assistant MX 51 1.00
Engineering Assistant, Senior¹ MX 53 1.00
Engineering Associate MX 59 1.00
Public Works Inspector, Senior¹ MX 52 1.00
Permit Center Technician¹ G 43 1.33
Principal Engineer MX 66 1.00
Public Works Inspector1 G 46 2.00
Planning Services Section Total 11.34
Director of Development Services EX3 81 1.00
Assistant Director of Planning EX3 70 1.00
Principal Planner MX 66 2.00
Revised December 9, 2021
Item 1C - 7
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Associate Planner MX 52 3.00
Assistant Planner MX 47 1.00
Administrative Coordinator MX 41 1.00
Administrative Secretary MX 39 1.00
Planning Technician G 41 1.00
Permit Center Technician G 43 0.34
Office of Sustainability Section Total 0.50
Office of Sustainability Director EX2 64 0.25
Program Coordinator G 35 0.25
Recycling Section Total 1.50
Office of Sustainability Manager EX2 64 0.75
Program Coordinator G 35 0.75
FINANCE & TREASURY 20.00
Administration & Treasury Section Total 5.00
Director of Finance & Treasurer EX3 82 1.00
Accounting Manager MX 59 1.00
Auditor MX 54 2.00
Executive Administrative Assistant EX2 45 1.00
Accounting & Accounts Receivable Section Total 4.00
Assistant Director of Finance EX3 72 1.00
Accountant MX 51 2.00
Account Specialist II G 39 1.00
Budget, Audit & Revenue Section Total 6.00
Audit & Revenue Supervisor MX 58 1.00
Budget Analyst MX 54 1.00
Account Specialist G 35 1.00
Account Clerk I G 28 1.00
Account Clerk II G 31 2.00
Payroll & Accounts Payable Section Total 5.00
Account Technician, Senior MX 45 1.00
Accounting Supervisor MX 58 1.00
Payroll Coordinator MX 46 1.00
Account Specialist G 35 2.00
Revised December 9, 2021
Item 1C - 8
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
FIRE 81.00
Airport Rescue Firefighting Section Total 9.00
Fire Engineer (includes Paramedic classification) F 45 - 46 9.00 CFD Public Safety Fire Section Total 0.80
Fire Captain (includes Paramedic classification) F 64 - 65 0.80 Fire Administration Section Total 68.70
Fire Battalion Chief FMX 70 4.00
Fire Captain (includes Paramedic classification) F 64 - 65 17.20 Fire Chief EX4 89 1.00
Fire Deputy Chief FMX 78 2.00
Fire Engineer (includes Paramedic classification) F 45 - 46 15.00 Firefighter (includes Paramedic classification) F 40 - 41 18.50 Firefighter (overhire) F 40 - 41 1.00
Account Specialist II G 39 1.00
Administrative Assistant MX 45 1.00
Clerical Assistant G 23 1.00
Emergency Management Coordinator MX 51 1.00
Fire Marshal MX 64 1.00
Fire Prevention Specialist G 42 4.00
Plans Examiner II G 54 1.00
Safety Augmentation - Fire Section Total 2.50
Firefighter (includes Paramedic classification) F 40 - 41 2.50 HUMAN RESOURCES 9.00
Employee Benefits Section Total 1.75
Director of Human Resources EX4 76 0.30
Executive Program Administrator EX2 52 0.20
Human Resources Manager EX2 63 0.20
Human Resources Specialist, Senior MX 50 0.65
Human Resources Technician G 37 0.40
Human Resources Section Total 2.95
Director of Human Resources EX4 76 0.25
Executive Program Administrator EX2 52 0.50
Human Resources Manager EX2 63 1.50
Human Resources Specialist, Senior MX 50 0.50
Human Resources Technician G 37 0.20
Revised December 9, 2021
Item 1C - 9
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Workers Compensation Section Total 4.30
Director of Human Resources EX4 76 0.45
Executive Program Administrator EX2 52 0.30
Human Resources Manager EX2 63 0.30
Human Resources Specialist MX 43 0.00
Human Resources Specialist, Senior MX 50 1.85
Human Resources Technician G 37 0.40
Occupational Health & Safety Specialist EX2 55 1.00
INFORMATION TECHNOLOGY 13.00
Information Technology Section Total 13.00
Director of Information Technology EX3 78 1.00
Assistant Director of Information Technology EX3 72 1.00 Business Systems Analyst MX 52 1.00
GIS Analyst MX 49 1.00
Information Technology Manager MX 67 0.00
Information Technology Network Engineer MX 64 1.00
Information Technology Analyst MX 48 1.00
Network Administrator MX 54 3.00
Information Technology Technician G 46 4.00
LIBRARY 14.25
Library Section Total 14.25
Director of Library Services EX3 72 1.00
Library & Public Services Manager MX 49 1.00
Library Operations & Collections Manager MX 49 1.00
Librarian MX 45 4.50
Library Assistant, Senior G 29 1.00
Library Assistant G 25 5.50
Library Page G 12 0.25
MAINTENANCE & FACILITIES 51.00
Downtown/Uptown Maintenance Section Total 11.00
Maintenance Supervisor MX 51 1.00
Maintenance Worker, Lead G 38 2.00
Maintenance Worker I G 28 8.00
Revised December 9, 2021
Item 1C - 10
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
Facilities Maintenance Section Total 18.00
Director of Maintenance & Facilities EX2 67 1.00
Assistant Director of Maintenance & Facilities EX2 63 1.00 Maintenance Supervisor MX 51 1.00
Account Clerk II G 31 1.00
Account Specialist II G 39 1.00
Administrative Secretary MX 39 1.00
Cogeneration Technician, Senior G 51 1.00
Cogeneration Technician G 41 1.00
Maintenance Electrician HVAC G 45 2.00
Maintenance Electrician HVAC (Funded in Aviation) G 45 2.00 Maintenance Electrician G 45 1.00
Maintenance Electrician (Funded in Aviation) G 45 1.00
Maintenance Mechanic, Senior G 45 1.00
Maintenance Mechanic I - Building G 35 3.00
Fleet Operations Section Total 8.00
Fleet Maintenance Manager MX 58 1.00
Fleet Maintenance Technician III/Service Writer G 45 1.00 Fleet Maintenance Technician III G 42 2.00
Fleet Maintenance Technician II G 39 2.00
Parts Specialist G 30 1.00
Parts & Office Assistant G 26 1.00
Parks Maintenance Section Total 5.00
Maintenance Supervisor MX 51 1.00
Maintenance Mechanic I - Parks G 35 2.00
Maintenance Worker I G 28 2.00
Street Cleaning Section Total 0.25
Street Maintenance Manager MX 55 0.25
Street Maintenance Section Total 8.75
Street Maintenance Manager MX 55 0.75
Street/Traffic Maint Worker/Senior Heavy Equip Operator G 44 1.00 Street/Traffic Maintenance Worker, Lead G 38 2.00
Street/Traffic Maintenance Worker G 31 5.00
Revised December 9, 2021
Item 1C - 11
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
POLICE 170.00
Airport Security Section Total 10.00
Police Officer (Aviation - TSA) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Police Officer (Aviation) (includes Senior & Master Officer classifications) P 46 - 47 7.00 Police Sergeant (Aviation) (includes Sergeant II & III classifications) P 55 - 57 1.00 Animal Services Section Total 3.00
Animal Services Officer G 36 3.00
CFD Public Safety Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 Code Compliance Section Total 15.00
Code Compliance Officer G 41 12.00
Code Compliance Supervisor MX 53 2.00
Secretary, Senior G 33 1.00
Dispatch Center Section Total 16.00
Dispatcher Supervisor MX 46 2.00
Dispatcher G 40 14.00
Police Administration & Enforcement Section Total 118.00 Police Chief EX4 89 1.00
Executive Program Administrator EX2 52 1.00
Police Captain PMX 73 2.00
Police Lieutenant PMX 66 5.00
Police Sergeant (includes Sergeant II & III classifications) P 55 - 57 15.00 Police Officer (includes Senior & Master Officer classifications) P 45 - 47 66.00 Police Officer (Overhire) (includes Senior & Master Officer classifications) P 45 - 47 2.00 Crime Scene Technician G 44 1.00
Police Services Supervisor MX 44 1.00
Community Outreach & Media Specialist G 41 1.00
Crime Analyst G 41 1.00
Rangemaster G 41 1.00
Professional Standards Coordinator G 38 1.00
Property Technician G 37 2.00
Community Service Officer G 36 7.00
Police Records Technician G 36 1.00
Account Specialist G 35 1.00
Secretary, Senior G 33 1.00
Police Trainee G 30 0.00
Police Services Officer G 30 8.00
Revised December 9, 2021
Item 1C - 12
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
AB109 - Police Section Total 1.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 1.00 Jail Transport Operations Section Total 3.00
Jail Transport Officer G 31 3.00
Safety Augmentation - Police Section Total 2.00
Police Officer (includes Senior & Master Officer classifications) P 45 - 47 2.00 PROCUREMENT & CONTRACTING 3.00
Procurement & Contracting Section Total 3.00
Procurement & Contracting Manager MX 61 1.00
Procurement Specialist II MX 48 1.00
Procurement Specialist I MX 43 1.00
RECREATION 29.75
Demuth Park Family Center Section Total 3.75
Recreation Supervisor MX 41 1.00
Recreation Program Assistant G 21 2.75
James O. Jessie DHUC Section Total 6.70
Director of Parks & Recreation EX3 76 0.20
Community Center Manager MX 54 1.00
Program Coordinator G 35 1.00
Recreation Program Assistant G 21 4.50
Recreation Administration Section Total 11.30
Director of Parks & Recreation EX3 76 0.80
Special Events Manager² MX 54 1.00
Recreation Supervisor MX 41 1.00
Program Coordinator² G 35 2.00
Secretary, Senior G 33 1.00
Recreation Program Aide G 24 1.00
Recreation Program Assistant G 21 3.50
Account Clerk I G 28 1.00
Swim Center Section Total 8.00
Aquatics Supervisor G 26 1.00
Lifeguard, Lead G 23 1.00
Lifeguard G 20 6.00
Revised December 9, 2021
Item 1C - 13
CITY OF PALM SPRINGS 2021 - 2022 Allocated Positions & Compensation Plan Dept./Section/Classification Unit Range Allocated
Positions
SPECIAL PROGRAM COMPLIANCE 6.00
Special Program Compliance Section Total 6.00
Director of Special Program Compliance EX2 60 1.00
Account Clerk II G 31 2.00
Account Technician, Senior MX 45 1.00
Administrative Secretary MX 39 1.00
Executive Program Administrator EX2 52 1.00
FY 2021-22 520.00
FY 2021-22 Amendment 6 Total Positions 520.00
FY 2021-22 Amendment 5 Total Positions 520.00
FY 2021-22 Amendment 4 Total Positions 519.00
FY 2021-22 Amendment 3 Total Positions 519.00
FY 2021-22 Amendment 2 Total Positions 517.00
FY 2021-22 Amendment 1 Total Positions 517.00
FY 2021- 22 Total Positions 516.00
FY 2020-21 Amendment 2 510.00
FY 2020-21 Amendment 1 507.00
FY 2020-21 506.00
CM Denotes City Manager position
EX Denotes exempt positions
F
FMX
G Denotes general unit positions represented by the Public Employees Association of Palm Springs MX Denotes management, professional and confidential positions represented by the Management Association of Palm Springs P
PMX
1 2 Denotes positions funded through Village Fest and Special Events Total Positions
Denotes firefighter positions represented by the Palm Springs Firefighters Association Denotes fire management positions represented by the Palm Springs Fire Management Association Denotes police safety positions represented by the Palm Springs Police Officers' Association Denotes police management positions represented by the Palm Springs Police Management Association Denotes positions partially funded through the Waste Water Treatment Plant Total Positions
Total Positions
Total Positions
Revised December 9, 2021
Item 1C - 14
CITY COUNCIL STAFF REPORT
02/24/2022 1. D.
City Clerk -
SUBJECT
APPROVAL OF AGREEMENT BETWEEN THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) AND THE CITY OF PALM SPRINGS
FOR THE TRANSFER OF PRIVATE DEVELOPER FUNDS TO CVAG RELATING
TO CONSTRUCTION OF THE CV LINK PROJECT WITHIN PALM SPRINGS RECOMMENDATION:
Approve an Agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments (CVAG) to allow for the transfer of $1,063,044 private developer funds to CVAG relating to the construction of the CV Link project adjacent to Tract 32233 (the Escena Project, or “Escena”) and Tract 31848 (the Miralon Project, or “Miralon”); and
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1D
CITY COUNCIL STAFF REPORT
DATE: February 24, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AGREEMENT BETWEEN THE COACHELLA VALLEY
ASSOCIATION OF GOVERNMENTS (CVAG) AND THE CITY OF PALM
SPRINGS FOR THE TRANSFER OF PRIVATE DEVELOPER FUNDS TO
CVAG RELATING TO CONSTRUCTION OF THE CV LINK PROJECT
WITHIN PALM SPRINGS
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:
This action requests City Council approval of an Agreement with the Coachella Valley Association of Governments (CVAG) to allow the transfer of private developer funds to CVAG for two segments of the proposed CV Link adjacent to Tract 32233 ( the Escena Project, or “Escena”), and Tract 31848 (the Miralon Project, or “Miralon”), within the City of Palm Springs.
RECOMMENDATION:
1) Approve Agreement No. _____, an Agreement by and between the City of Palm Springs and the Coachella Valley Association of Governments (CVAG) to allow for the transfer of $1,063,044 private developer funds to CVAG relating to the construction of the CV Link project adjacent to Tract 32233 ( the Escena Project, or “Escena”) and Tract 31848 (the Miralon Project, or “Miralon”); and
2) Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The CV Link Multi -Modal Transportation Project (CV Link) is a proposed 49- mile multi- modal path that will provide access and connectivity between residential, commercial, recreational, and institutional uses throughout seven cities in the region from Palm Springs to Coachella (excluding Rancho Mirage and Indian Wells). The CV Link project begins at the Palm Springs Visitor’s Center on Highway 111 (North Palm Canyon Drive) in northern Palm Springs with a highly visible access point at the City’s public parking lot adjacent to the Visitor’s Center and ends in Coachella along the Whitewater River at Airport Boulevard.
Item 1D - 1
City Council Staff Report
February 24, 2022 -- Page 2
Agreement Between CVAG and CPS for Transfer of Developer Funds The CV Link r oute largely follows, and is to be built upon, the levees of the region’s principal watercourses, including Chino Wash, Tahquitz Creek, and the Whitewater River Stormwater Channel. In some locations, the pathway shares right-of-way with roads and provides direct access to key commercial districts and recreational and institutional venues. The CV Link will also incorporate and expand the Tahquitz Creek Trail in Palm Springs between South Palm Canyon Drive and the Whitewater Channel.
On May 3, 2017, the City Council discussed CV Link as proposed by CVAG. As CVAG is the Lead Agency for the CV Link project, the City Council approved CV Link and provided direction to the Mayor as Palm Springs’ member of the CVAG Executive Committee to affirmatively vote in support of certifying the Final E nvironmental Impact Report for the project.
At the May 15, 2017, CVAG Executive Committee meeting, CVAG officially approved and certified the CV Link project. Subsequently, CVAG has proceeded with the design and right-of-way phases of the CV Link project.
On June 11, 2020, the City Council authorized the City Engineer to issue encroachment permits for the construction of the CV Link across City properties and within City Rights - of-Way. A copy of the staff report is on file with the City Clerk.
STAFF ANALYSIS:
CV
AG has successfully programmed and obligated state and federal funds for construction of CV Link and is preparing to start construction of certain segments within Palm Springs later this year.
Prior to the CV Link becoming a regional transportation project, the City routinely conditioned development projects to provide pedestrian and bicycle facilities in and around the proposed projects. Both the Escena and Miralon projects were conditioned to build a dual bike/pedestrian facility adjacent to their project.
CVAG and the City of Cathedral City worked together to construct the first leg of the CV Link along the Whitewater Wash ( Figure 1), adjacent to the Escena project. Given that CVAG/Cathedral City constructed CV Link, an obligation otherwise required of the developer (Lennar), the City required Lennar to provide the City with payment for the estimated construction cost of $364,500.
On October 29, 2019, CVAG submitted a formal request to the City of Palm Springs (Attachment A ) for liquidation of the bonds posted by Freehold Communities, LLC (Freehold), the Miralon developer, in the amount of $698,544. As with the Escena project, CVAG will be constructing the CV Link bike path along the Miralon development (Figure 2) that would have been the obligation of Freehold. Approval of this agreement will allow for the transfer of private developer funds to CVAG and facilitate the development of the CV Link project within the City of Palm Springs.
Item 1D - 2
City Council Staff Report
February 24, 2022 -- Page 3
Agreement Between CVAG and CPS for Transfer of Developer Funds
Figure 1 – CV Link Miralon River Segment
Figure 2 – CV Link Escena Segment
MIRALON CV Link SEGMENT
ESCENA CV Link SEGMENT
Item 1D - 3
l l ___ ,
i
r
,.,.,_t7" .. -
P -. A L M
VlL'TU.Klo\.
PARK
1--
T
r j ~ · l r
~..:"!~~;!,;~~~~~ -~ __ J __ i_t~+---~....::~~~--~~~- JI:.
RINGS i i
- --+----~ ---'111)---j"---'--' --'--------,----'----- ~ L.._ _ _____:V~IS:_::T.:::,A_::C:_::Hl::,:N;:::O __ - -_ i ____ _J SHT
' 111) VlA
V1 A
l SUW
PALM Sl'RINGS
INTER:-IA TJONAI,
AIRPORT
City Council Staff Report
February 24, 2022 -- Page 4
Agreement Between CVAG and CPS for Transfer of Developer Funds
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).
Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.
FISCAL IMPACT:
This Council action has no fiscal impact. The f unds to be transferred to CVAG were collected from the respective d evelopers of the Escena and Miralon project s in August 2020 and have been held in a Trust and Agency account.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. CVAG Letter Requesting Funds.
B. CVAG CPS Agreement.
Item 1D - 4
Item 1D - 5
October 29, 2019
Marcus Fuller
Assistant City Manager/City Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
REF: Miralon Development Bonds
~ Dear Mr. Fuller:
Thank you for your continued collaboration on the CV Link project. As you know, we are working on obtaining right-of-way easements for CV Link.
It is our understanding that the developer for the Miralon development project has a requirement to construct a bike path along the levee of the Whitewater River, as required by Engineering Condition #86 (attached) of the Tentative Map.
Also, there was a faithful performance bond for this path that has been posted by the developer for this off-site improvement in the amount of $698,544, as required under the Section 1, Construction Obligations, Sub-Section 1.2(a) of the Subdivision Improvement Agreement (attached).
We respectfully request that the City of Palm Springs liquidate the bonds for construction of that portion of CV Link on the levee adjacent to the Miralon development between N.
Indian Canyon Drive and Sunrise Way connector to CV Link. The potential start date of construction is October 2020 and we expect we will need the funds at least 90 days prior to construction. CVAG will enter into an agreement with the City to facilitate the payment of Miralon's funding for CV Link.
Pursuant to Section 6.0 (Project Funding Source) of CVAG's Policy and Procedures Manual, regional transportation funds are meant to supplement, not to replace, local revenues and/or developer contributions required for approved projects. As such, all CVAG member agencies require the construction of improvements adjacent to all land development projects first before CVAG funding sources are utilized. This helps preserve CVAG's cash flow to maintain funds for other regional transportation improvement projects in the valley.
Item 1D - 6
I want to thank the City for continuing to condition projects to install a bike path on the levee which has been in the City's General Plan for years.
I look forward to your continued support on CV Link. Should you have any questions or need additional information, please do not hesitate to call me at (760) 346-1127. ?i:=
Tom Kirk
Executive Director
c: file
2 55575.18120\33219752.1
AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE COACHELLA
VALLEY ASSOCIATION OF GOVERNMENTS REGARDING
THE FUNDING OF THAT PORTION OF CVLINK ADJACENT TO MIRALON AND
ESCENA DEVELOPMENT PROJECTS
THIS AGREEMENT is entered into as o f this ____ day of ______________, 2022, by and between the City of Palm Springs , a municipal corporation and charter city (“City”) and the Coachella Valley Association of Governments, a joint powers authority (“CVAG”). City and CVAG are sometimes hereinafter individually r eferred to as a “ Party” and/or collectively referred to as the “Parties.”
RECITALS
WHEREAS, the developer of the Miralon (formerly Avalon) development was conditioned by the City, as a condition of approval of Miralon’s development project, to build a 12 foot wide combination pedestrian and bicycle path along both sides of the entire project frontage, including, for purposes of this Agreement, along the levee of the Whitewater River (the “Miralon Bikepath Project”). Such condition was contained in conditions 18d and Eng. 86 of City Resolution 20920, dated May 5, 2004; and
WHEREAS, in 2016, Freehold Communities , LLC purchased the Miralon development project; and
WHEREAS, City Resolution 24126, dated November 2, 2016 included condition Eng. 87, which reinforced the Miralon Bikepath Project requirement; and WHEREAS, Freehold Communities , LLC posted a faithful performance bond (No. 1083526), in the amount of $698,544, securing the construction of the Miralon Bikepath Project; and
WHEREAS, CVAG has developed the CVLink, multi-moda l transportation project, which includes 15.3 miles within the City; and
WHEREAS, as part of the CVLink, CVAG proposes to build a segment of CVLink in what would have been the Miralon Bikepath Project; and
WHEREAS, a s such, on October 29, 2019, CVAG formerly requested that the City liquidate the $698,544 bond posted by Freehold Communities , and on November 21, 2019, t he City agreed and formerly requested Freehold Communities to liquidate bond no. 1083526; and WHEREAS, Freehold Communities, LLC agreed to provide a check for the performance bond’s principal amount ($698,544) and the City has agreed to release the bond for the Miralon Bikepath Project, and the City is now in possession of the check in the amount of $698,544; and WHEREAS, the developer of the Escena project (Tract 32233- 1), Palm Springs Classic, LLC was conditioned to construct an equestrian trail and bikeway along the Whitewater Wash, as identified in the City’s General Plan (the “Escena Bikepath Project”; collectively, the Item 1D - 7
- 2 -
55575.18120\33219752.1
“Miralon Bikepath Project” and the “Escena Bikepath Project” will be referred to as the “Bikepath Project”); and
WHEREAS, CVAG has since constructed said bikepath as part of CVLink, and Palm Springs Classic, LLC has provided the City with $364,500 as the estimated cost of constructing said bikepath; and
WHEREAS, the City and CVAG wish to enter into this Agreement in order to provide for the transfer of th e private developer funds, in the amount of $698,544 for the Miralon Bikepath Project and $364,500 for the Escena Bikepath Project, to CVAG, in order for CVAG to use toward, or reimburse CVAG for, the construction of that portion of CVLink on the levee adjacent to the Miralon project, between N. Indian Canyon Drive and Sunrise Way, and Escena project along the Whitewater Channel.
NOW, THEREFORE, the Parties mutually agree as follows:
1. Incorporation of Recitals
The foregoing recitals are true and correct.
2. Location
The Miralon Bikepath Project will be located along the levee adjacent to the Miralon development, between N. Indian Canyon Drive and Sunrise Way, in the City of Palm Springs, California. The Escena Bikepath Project is located along the Whitewater Channel, adjacent to the Escena development project.
3. Installation of Bikepath Project
CVAG has installed, will install, or cause to be installed, the Bikepath Project, at CVAG’s sole cost and expense (except as specifically pro vided for otherwise in Section 5.
4. O peration and Maintenance
CVAG shall thereafter operate and maintain, or cause to be opera ted and maintained, the B ikepath Project , at CVAG’s sole cost and expense (except as specifically provided for otherwise in Section 5.
5. Miralon Project Funding
Pursuant to Section 6.0 (Project Funding Source) of CVAG’s Policy and Procedures Manual, regional transportation funds are meant to supplement, not to replace, local revenues and/or developer contributions for approved projects. As such, City will transfer to CVAG the $698,544 that has been provided to City by Freehold Communities, LLC for the Miralon Bikepath Project and $364,500 for the Escena Bikepath Project. Said payment will be paid by City to CVAG within fifteen (15) days following approval and the full execution of this Agreement.
Item 1D - 8
- 3 -
55575.18120\33219752.1
6. Indemnification/Insurance
Each Party hereto shall ind emnify, defend and hold the other Party and its officers, agents, servants and employees harmless from any and all liabilities, claims, demands, debts, suits, actions and causes of actions, including but not limited to, property damage, personal injury or wrongful death, arising out of or in any manner connected with any act or omission of such indemnifying Party hereunder, or its officers, agents, servants or employees, done or performed pursuant to the terms and provisions of this Agreement.
CVAG shall require any contractor on t he Miralon Bikepath Project construction to i nclude the City, its elected officials, officers, employees and agents as additional insureds on said contractor’s liability insurance for the portion of work covered by this Agreement.
7. No Joint Venture/Partnership
The Parties are not engaged in any partnership or joint venture of any kind.
8. L egal Relations and Responsibilities
Nothing in the provisions of this Agreement is intended to create duties or obligations to, or rights in, those not a party to this Agreement.
9. T erm
This Agreement shall become effective upon the full execution by both Parties, and shall continue in effect until all obligations of all Parties hereto have been complied with.
10. Anti-Discrimination
Pursuant to Palm Springs Municipal Code section 7.09.040, CVAG and its contractor(s) on the Bikepath Project shall be prohibited from discriminating on the basis of actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation as these terms are defined by California Law, or association with members of classes protected under this Section or in retaliation for opposition t o any practices forbidden under this paragraph, against any person seeking accommodations, advantages, facilities, privileges, or services, or membership in all business, social, or other establishments or organizations, operated by CVAG and the contr actor(s), and CVAG shall require such every sub- contractor all of its contractors to include a similar provision in all subcontracts entered into in performance of this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed as of the date first written above.
Item 1D - 9
- 4 -
55575.18120\33219752.1
CITY OF PALM SPRINGS, a municipal
corporation and charter city
By: ____________________________
Justin Clifton
City Manager
COACHELLA VALLEY ASSOCIATION
OF GOVERNMENTS, a joint powers
authority
By: ____________________________
Tom Kirk
Executive Director
ATTEST:
By: ___________________________
Anthony J. Mejia, MMC
City Clerk
APPROVED AS TO LEGAL FORM:
By: ____________________________
Jeffrey S. Ballinger
City Attorney
APPROVED AS TO LEGAL FORM:
By: ____________________________
Michael Jenkins
Legal Counsel
Item 1D - 10
CITY COUNCIL STAFF REPORT
02/24/2022 1. E.
City Clerk -
SUBJECT
ACCEPTANCE OF DONATION FROM PAUL E. SCHEIBNER AND IRENE M.
SCHEIBNER REVOCABLE TRUST IN THE AMOUNT OF $25,000 FOR PALM
SPRINGS PUBLIC LIBRARY TRUST FUND
RECOMMENDATION:
Approve the acceptance of a donation award from the Paul E. Scheibner and Irene M. Scheibner Revocable Trust in the amount of $25,000.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1E
CITY COUNCIL STAFF REPORT
DAT
E: FEBRUARY 24, 2022 CONSENT CALENDAR
SUBJECT: ACCEPTANCE OF DONATION FROM PAUL E. SCHEIBNER AND IRENE M. SCHEIBNER REVOCABLE TRUST IN THE AMOUNT OF $25,000 FOR
PALM SPRINGS PUBLIC LIBRARY TRUST FUND
FROM: Justin Clifton, City Manager
BY: Library
SUMMARY:
St
aff recommends the City Council accept a donation to the Palm Springs Public Library Trust Fund in the amount of $25,000 from the Paul E. Scheibner and Irene M. Scheibner Revocable Trust.
RECOMMENDATION:
1. Appr
ove the acceptance of a donation award from the Paul E. Scheibner and Irene M.
Scheibner Revocable Trust in the amount of $25,000.
2. Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
The
Palm Springs Public Library has received notification that the Library is a beneficiary of the Paul E. Scheibner and Irene M. Scheibner Revocable Trust. At the passing of both parties, the terms of the trust have gone into effect. The gift to the Palm Springs Public Library Trust Fund is $25,000. There are no stipulations or terms of the gift, except that the funds be given to the Palm Springs Public Library. At their January 5, 2022 meeting, the Library Board of Trustees unanimously accepted the gift.
FISCAL IMPACT:
Thes
e monies will be deposited into the Library Trust Fund to be used for Future Library Projects. There will be no impact to the General Fund and no matching funds are required to accept this donation.
Item 1E - 1
City Council Staff Report
February 24, 2022 -- Page 2
Acceptance of Scheibner Donation
REVIEWED BY:
Department Director: Jeannie Kays
Assistant City Manager: Teresa Gallavan
City Manager: Justin Clifton
ATTACHMENTS:
A. Scheibner Trust Notifications by Trustee.
Item 1E - 2
Item 1E - 3
LINDA STEARNS KLA TCHKO
PHILIP S. KLATCHKO
July 1, 2021
KLATCHKO & KLATCHKO
ATTORNEYS AT LAW
PROFESSIONAL PARK, SUITE 3
177 SOUTH CIVIC DRIVE
PALM SPRINGS, CALIFORNIA 92262
WEBSITE: www.klatchko.com
TELEPHONE: 760-320-7878
FACSIMILE: 760-320-3819
EMAIL: law @klatchko.com
Via: U.S.P.S and Certified Return Receipt Mail
The Palm Springs Library
Jeanne Kays, Library Director
300 S. Sunrise Way
Palm Springs, CA 92262
Re: Notification By Trustee Pursuant to California Probate Code Section 16061,7
Dear Ms. Kays,
Enclosed please find formal Notification by Trustee Pursuant to California Probate Code Section 16061.7. As referenced, I am the attorney for Wesley A. Witt , the Trustee of the Trust described on the Notice . You are receiving notice because you are entitled to same by statute.
Receipt of this Notice does not mean that you or your organization are in fact receiving any distribution or request from the Trust, merely that you are entitled to statutory notice. If you do have any questions do not hesitate to call on me.
Sincerely yours,
KLATCHKO & KLATCHKO
Enclosure
cc: Wesley A. Witt, Trustee (Via: Email)
cc: Jeanne Kays (Via Email: Jeannie.Kays@palmspringsca .gov) Item 1E - 4
NOTIFICATION BY TRUSTEE PURSUANT TO CALIFORNIA PROBATE CODE SECTION 16061.7 NOTIFICATION is hereby given by WESLEY A. WITT, Trustee of the Paul E. Scheibner and Irene M. Scheibner Revocable Trust dated May 30, 2006 as follows:
1. PAULE. SCHEIBNER and IRENE M. SCHEIBNER were the settlors of the trust executed May 30, 2006:
2. WESLEY A. WITT is the Trustee of the Trust. The mailing address and telephone number of WESLEY A. WITT is as follows: c/o Klatchko & Klatchko, Attorneys at Law, 177 Civic Drive, Ste. 3, Palm Springs, CA 92262, 760-320-7878.
3. The address of the physical location where the principal place of administration of the Trust is located at 74000 Country Club Drive, Suite H2, Palm Desert, California 92260.
4. PAUL E. SCHEIBNER, a settler of the Trust, died September 25, 2018, in Palm Springs, California. IRENE M. SCHEIBNER, a settler of the Trust, died December 7, 2020, in Palm Springs, California.
5. The recipients of this Notification are entitled, upon reasonable request to the Trustee, to receive from the Trustee a true and complete copy of the "terms of the Trust" (as defined in California Probate Code Section 16060.5).
6. YOU MAY NOT BRING AN ACTION TO CONTEST THE TRUST MORE THAN 120 DAYS FROM THE DATE OF THIS NOTIFICATION BY THE TRUSTEE IS SERVED UPON YOU OR 60 DAYS FROM THE DAY ON WHICH A COPY OF THE TERMS OF THE TRUST IS MAILED OR PERSONALLY DELIVERED TO YOU IN RESPONSE TO YOUR REQUEST DURING THAT 120-DAY PERIOD, WHICHEVER IS LATER.
Dated:
W~SLEY A. WI,IT
'"'-'--. '-
i)·~:
Item 1E - 5
.......... _
KLATCHKO & KLATCHKO
LINDA STEARN S KLATCHKO
PHILIP S. KLA TCHKO
January 18, 2022
ATTORN EYS AT LAW
PRO FESSIONAL PARK, SUITE 3
177 SOUTH CIVIC DRIVE
PALM SPRINGS, CALIFOR NIA 92262
WEBSITE: ww w.klatchk o.co m
Via: U.S.P.S. Priority Mail
The Palm Springs City Library
Jeanne Kays , City Librarian
300 S. Sunrise Way
Palm Springs , CA 92262
TELEPHO NE: 760-320-7878
FACSIMILE: 760-320-3819
EMAI L: [email protected] m
RE: The Paul E. Scheibner and Irene M. Scheibner Revocable Trust dated May 30, 2006; Distribution of Cash Bequest
Dear Beneficiary ,
Thank you for returning the Receipt In Anticipation Of Distribution which had previously been forwarded to you. As indicated , the Trustee Wesley A. Witt is now distributing the cash bequest to which you are entitled under the above-referenc ed Trust. Enclosed please find check in the amount of $25,000 .00 which constitutes your distributive share . If you have any questions , do not hesitate to call on me.
Sincerely yours,
KLATCHKO & KLATCHKO
Philip S. Klatchko
PSK: emf
Enclosure
cc: Wesley A. Witt (Via: Email)
CITY COUNCIL STAFF REPORT
02/24/2022 1. F.
City Clerk -
SUBJECT
APPROVAL OF PARCEL MAP 38247 FOR A 122-UNIT APARTMENT
DEVELOPMENT (“LIVING OUT”) AT 1122 EAST TAHQUITZ CANYON WAY RECOMMENDATION:
Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38247 FOR KOAR PALM SPRINGS, LLC A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
Attachments
Item 1F
CITY COUNCIL STAFF REPORT
DATE: February 24, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF PARCEL MAP 3 8247 FOR A 122- UNIT APARTMENT DEVELOPMENT (“LIVING OUT”) AT 1122 EAST TAHQUITZ CANYON WAY
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:
Walden and Associates, representing KOAR Palm Springs, a Delaware Limited Liability Company (the “Developer”), has requested approval of Parcel Map 38247 (formally known as Tentative Tract Map 37602 ) to create a 122 -unit apartment building and a commercial building on a vacant 8.5-acre lot. Approval of the Parcel Map is a ministerial action, as required by the Municipal Code and the Subdivision Map Act. All prior discretionary actions have occurred allowing for the City’s ministerial approval of the final map.
RECOMMENDATION:
Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP 38247 FOR KOAR
PALM SPRINGS, LLC A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, IN SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST.”
BUSINESS PRINCIPAL DISCLOSURE:
The Public Integrity Disclosure Form from KOAR Palm Springs, LLC , is included as Attachment A.
BACKGROUND:
Tentative Tract Map
37602 was approved by City Council on June 5, 2019, (TTM 37602 was previously a condominium map) for the subdivision of a condominium project of a vacant 8.5-acre lot. The project was converted to a single lot subdivision for a 122- unit apartment complex (TPM 38247) which was subsequently approved by Planning Commission, subject to conditions, on December 17, 2020.
Item 1F - 1
City Council Staff Report
February 24, 2022 -- Page 2
Approval of PM 38247
The expiration date of the Tentative Map was June 5, 2021, although an automatic 18 - month extension by the S tate (AB 1561) was applied to the project. Walden and Associates, representing the Developer, timely filed a final map for PM 38247 on September 7, 2021. Pursuant to state law (California Government Code Section 66452.6 [the “Subdivision Map Act”]), once the filing of a final map has been made to the City Engineer, all subsequent actions associated with the final map may occur after the expiration of the associated Tentative Tract Map.
STAFF ANALYSIS:
The dev
eloper has completed all required studies, improvement plans, Community Facility District (CFD) requirements, a nd has been issued applicable grading permits at this time.
Pursuant to the prior discretionary entitlements approved by the Council on June 5, 2019, the Developer requests that the property located at 1122 Tahquitz Canyon Way , in Section 14, Township 4 South, Range 4 East, be subdivided into a single lot subdivision for a 122-unit apartment complex. A site map is provided below and a copy of the final map for PM 38247 is included as Attachment B.
PM 38247 “Living out” Site Map
Item 1F - 2
City Council Staff Report
February 24, 2022 -- Page 3
Approval of PM 38247
The City Engineer has determined that required conditions of approval associated with PM 38247 have been satisfied, that Parcel Map 38247 is in substantial conformance with the approved Tentative Map, and that Parcel Map 38247 is ready for City Council approval.
ENVIRONMENTAL ASSESSMENT
:
The City Council approved the Mitigated Negative Declaration (MND) on June 5, 2019 which included a series of mitigation measures that have been incorporated into the approval of the Final Planned Development. When reviewing the Minor Amendment to the PDD on December 17, 2020, the Planning Commission determined that the change from condominiums to 122 rental apartments would not create additional impacts beyond those previously analyzed in the MND and that the mitigation measures identified in the adopted MND would apply. No further CEQA analysis was determined to be necessary.
FISCAL IMPACT:
Approval of Parcel Map 38247 will subdivide the currently vacant 8.5 -acre parcel into a single lot subdivision for 122 apartment units and a 1-unit commercial building. Ultimately, upon completion of the units, the City will receive yet-to-be-determined additional property tax revenue. Additionally, incremental costs for public services (such as Police and Fire services) will be incurred over time.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Public Integrity Disclosure.
B. Parcel Map 38247.
C. Resolution.
Item 1F - 3
Attachment A
Item 1F - 4
Item 1F - 5
\ ty~/ ..... ,.:f~
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
1. Name of Entity
Koar Palm Springs , LLC
2. Address of Entity (Principle Place of Business)
46 West Dayton Street, Pasadena , CA 91105
3. Local or California Address (if different than #2)
4. State where Entity is Registered with Secretary of State Delaware
If other than California, is the Entitv also reaistered in California? IJ1 Yes n No
5. Type of Entity
D Corporation ~ Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other enUty KOAR International, LLC D Officer D Director D Member ~ Manager Loren S. Ostrow
Paul R. Alanis
(Revised 0913 18)
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member Ill Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member ~ Manager
[name]
D General Partner D limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1F - 6
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Loren S. Ostrow and Brian P. Newkirk , 13,64%, Ostrow & Newkirk Living Trustees Trust,
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Paul Alanis and Allison Alanis, 13.64%, Alanis Community Property Trust, Trustees [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
Eric M. Shore, Trustee 6.82%, Eric Mitchell Shore Trust [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
Fred Paul, Trustee 6.82%, Fred Paul Trust,
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
Robert Heynen, Trustee 6.82%, Robert T. Heynen Living Trust, [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title
·~~c)~
Date
See Next Page for Continuation and Execution
~w__ S, &.\---ra"'J-/\e,~
(Revised 09 13.18)
CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
Item 1F - 7
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
6.82%, Midland Trust
Robert Heynen IRA #1703072 Company, Custodian
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
John S. McDonald and Robert 6.82%, McDonald Wright Revocable Wright , Trustees Trust, [name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
Robert Boardman and Lois Boardman, 13.64%, The Boardman Family Trustees Trust,
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date ~ so~~
\-~ S· ~' (Y\~
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM
APPLICANT DISCLOSURE FORM
Page.2'ofZ
(Revised 09 13.18) > ~
Attachment B
Item 1F - 8
Item 1F - 9
OWNERS STATEMENT:
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE MAKING
AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
WE HEREBY DEDICATE TO THE CllY OF PALM SPRINGS USE FOR STREET AND PUBLIC UTILllY PURPOSES; TAHQUITZ CANYON WAY AND HERMOSA DRIVE AS DELINEATED HEREON.
WE ALSO HEREBY DEDICATED TO THE CllY OF PALM SPRINGS AN EASEMENT FOR PUBLIC SIDEWALK PURPOSES AS DELINEATED HEREON.
KOAR PALM SPRINGS, LLC, A DELAWARE LIMITED LIABILllY COMPANY BY: KOAR INTERNATIONAL, LLC, A CALIFORNIA LIMITED LIABILllY COMPANY ITS: MANAGER
BY, g a.Q, Q ~
PAUL R. ALANIS
MEMBER
BENEFICIARY STATEMENT:
BY: ~Sc)s~
LOREN S. OSTROW
MEMBER
WESTERN ALLIANCE BANK. AN ARIZONA CORPORATION, BENEFICIARY UNDER A DEED OF TRUST RECORDED OCTOBER 14. 2021 AS DOCUMENT NO. 2021-0607582 OF OFFICIAL RECORDS.
BY: qtJ;.;:j\ LJ/A/V---...
NAME: PA±( j LY- D,2\V<..l",v
TITLE: S L V"'\ \ o J2:. D i t:£. tJ-o B,,
BY: __________ _
NAME: _________ _
TITLE: _________ _
SEE SHEET 2 FOR NOTARY ACKNOWLEDGMENTS
SIGNATURE OMISSIONS:
PURSUANT TO SECTION 66436(o)(3)(A)(i-viii) OF THE SUBDIVISION MAP ACT. THE FOLLOWING SIGNATURES HAVE BEEN OMITTED:
1. CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION, HOLDER OF AN EASEMENT FOR STREET RIGHT-OF-WAY AND PUBLIC UTILllY PURPOSES, RECORDED JULY 6, 1987 AS INSTRUMENT NO. 87-0191325. OF OFFICIAL RECORDS.
2. CITY OF PALM SPRINGS. A MUNICIPAL CORPORATION. HOLDER OF AN EASEMENT
FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING PUBLIC IMPROVEMENTS,
LIMITED TO SIDEWALKS, SANITARY SEWER LINES, WATER LINES FOR FIRE PROTECTION MAINS AND HYDRANTS AND STREET DIRECTIONAL SIGNS, RECORDED AUGUST 27, 1998 AS INSTRUMENT NO. 1998-0362989 OF OFFICIAL RECORDS.
PURSUANT TO SECTIONS 664450) OF THE SUBDIVISION MAP ACT, THE APPROVAL
AND RECORDATION OF THIS PARCEL MAP CONSTITUTES ABANDONMENT OF THOSE
PORTIONS OF THE FOLLOWING EASEMENTS LYING WITHIN THE BOUNDARY OF THIS MAP:
THE 40,00' WIDE EASEMENT IN FAVOR OF THE CllY OF PALM SPRINGS FOR PUBLIC STREET RIGHT-OF-WAY AND PUBLIC UTILllY PURPOSES (ANDREAS ROAD) PER DOCUMENT RECORDED OCTOBER 26, 1973 AS INSTRUMENT NO. 140368. OF OFFICIAL RECORDS {SAID EASEMENT IS NOT SHOWN HEREON).
THE 50' WIDE EASEMENT IN FAVOR Of THE CllY OF PALM SPRINGS, FOR ROAD PURPOSES, (TAHQUITZ CANYON ROAD) APPROVED MAY 15. 1959 IN ACCORDANCE WITH THE PROVISIONS OF THE ACT FEBRUARY 5, 1948 (62 STAT. 17) AS SET FORTH IN THE THE DOCUMENT ON FILE IN THE OF THE OFFICE OF THE BUREAU OF INDIAN AFFAIRS UNDER NUMBER 7531-59. (SAID EASEMENT IS NOT SHOWN HEREON).
THE 40' WIDE EASEMENT IN FAVOR Of THE CllY OF PALM SPRINGS. FOR STREET AND PUBLIC UTILllY PURPOSES. (ANDREAS ROAD) APPROVED SEPTEMBER 24, 1973 IN ACCORDANCE WITH THE PROVISIONS OF THE ACT FEBRUARY 5. 1948 (62 STAT. 17) AS SET FORTH IN THE THE DOCUMENT ON
FILE IN THE OF THE OFFICE OF THE BUREAU OF INDIAN AFFAIRS UNDER NUMBER 584-962. (SAID EASEMENT IS NOT SHOWN HEREON).
SOILS REPORT:
PURSUANT TO SECTIONS 66490 OF THE SUBDIVISION MAP ACT, A PRELIMINARY SOILS REPORT NO. 2876.1 WAS PREPARED BY GEOTECHNICAL PROFESSIONALS INC., ON FEBRUARY 02, 2021, AND IS ON FILE IN THE BUILDING DEPARTMENT OF THE CITY OF PALM SPRINGS, CALIFORNIA.
IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
PARCEL MAP NO. 38247
BEING A SUBDIVISION OF THE SOUTHEAST QUARTER. OF THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER, OF SECTION 14, TOWNSHIP 4 SOUTH. RANGE 4 EAST, SAN BERNARDINO MERIDIAN.
ALSO BEING GOVERNMENT LOTS 160 & 161 OF GLO DEPENDENT RESURVEY OF SECTION 14 MAP NO. 53 137-N.
ACCEPTED JULY 8. 1988 AND FORMERLY BEING BLOCKS 229 & 230 PER SLM SUPPLEMENTAL PLAT OF SECTION 14 MAP NO. 79436. ACCEPTED APRIL 21, 1955. LOT 160/BLOCK 230 REVISED TO BLOCK 728 ON SCHEDULE NO. 4.
AGUA CALIENTE RESERVATION.
WALDEN & ASSOCIATES
JEFFREY A. WALDEN, P.L.S. 7914
AUGUST 2021
SURVEYOR'S STATEMENT:
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD
SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF KOAR PALM SPRINGS. LLC ON AUGUST. 2021.
I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE
POSITIONS INDICATED, OR THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE 1HAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.
A. WALDEN. P.LS. 7914
RES: 12/31/23
CITY ENGINEER'S STATEMENT:
20 Z (
I HEREBY STATE THAT I HAVE EXAMINED THE WITHIN ANNEXED MAP OF PARCEL MAP NO. _____ CONSISTING OF 3 SHEETS; THAT THE SUBDIVISION SHOWN
HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATNE MAP OR ANY APPROVED ALTERATION THEREOF; THAT ALL PROVISIONS OF THE SUBDNISION
MAP ACT AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF SAID
TENTATIVE MAP HAVE BEEN COMPLIED WITH AND I AM SATISFIED THAT SAID PARCEL MAP IS TECHNICALLY CORRECT.
BY: ______________ _
JOEL MONTALVO
CITY ENGINEER
P.E. 62624, EXP. 06/30/22
DATE: ________ _
CITY CLERK'S STATEMENT:
I, ANTHONY J. MEJIA, CllY CLERK OF THE CllY OF PALM SPRINGS. STATE OF CALIFORNIA, HEREBY STATE THAT SAID CllY COUNCIL AT ITS REGULAR MEETING HELD ON THE ____ THIS DAY OF __________ _, 20 __ ~
DULY APPROVED THE ANNEXED MAP OF PARCEL MAP NO. _____ AND DID
ACCEPT THE DEDICATION OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE TO THE CllY OF PALM SPRINGS FOR STREET AND PUBLIC UTILllY PURPOSES. AND DID ALSO ACCEPT THE DEDICATION OF PUBLIC SIDEWALK EASEMENT TO THE CllY OF PALM
SPRINGS, AND DID ACKNOWLEDGE THE ABANDONMENT OF ANDREAS ROAD AND TAHQUITZ CANTON WAY AS STATED IN THE ABANDON NOTE SHOWN HEREON.
THE TENTATIVE MAP FOR SAID PARCEL WAS APPROVED BY THE CITY COUNCIL AT ITS REGULAR MEETING HELD ON THE 5TH DAY OF JUNE, 2019.
BY: ____________ _
ANTHONY J. MEJIA, CllY CLERK
RECORDER'S STATEMENT SHEET 1 OF 3
FILED THIS ____ DAY OF --------~ 20 __
AT M. IN BOOK OF PARCEL MAPS,
AT PAGES ------~
AT THE REQUEST OF _______________ _
NO. ____________ _
FEE ____________ _
PETER ALDANA, ASSESSOR-COUNlY CLERK - RECORDER
BY:-------------~ DEPUlY
SUBDIVISION GUARANTEE: ______________ _
CITY SURVEYOR'S STATEMENT:
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP, AND THAT I AM SATISFIED THAT IT IS TECHNICALLY CORRECT.
.vf~ARD.LS~
S-Ds:.2-02.1
DATE
EXPIRES: 12/31/23
TAX COLLECTOR'S CERTIFICATE:
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS DATE, THERE ARE NO LIENS AGAINST THE PROPERlY SHOWN ON THE WITHIN MAP FOR UNPAID STATE, COUNlY, MUNICIPAL, OR LOCAL TAXES, OR SPECIAL ASSESSMENTS COLLECTED AS
TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE $ il:1 ~-00
DATE: _____ JA_~=~=+i=,;"',,____,, 20AA
MATTHEW JENNINGS
COUNlY TAX COLLECTOR
BY: ______ ......,Q-.'-"--A_(\\J_~_~~~· DEPUlY
TAX BOND CERTIFICATE:
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $ 8° g', 200 · OO HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE COUNlY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES, STATE, COUNlY,
MUNICIPAL, OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED AS TAXES, WHICH AT THE TIME OF FILING OF THIS MAP WITH THE COUNlY RECORDER ARE A LIEN AGAINST SAID PROPERlY BUT NOT YET PAYABLE AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATE: ____ :Ji_Ol'\--'-1.1--J-=ZS_~, 206Z-~
~OR SURElY BOND
~EW JENNINGS
COUNTY TAX COLLECTOR
, DEPUTY
Item 1F - 10
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY
OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF Ri,~'Af__ )
ON Nb'\ltwb11-,. i-,4)02-\ BEFoRl,<.l;lE.:b,~ N~
NOTARY PUBLIC, PERSONALLY APPEARED ~ru.Js_ .·• •. fZ • Mo.Mi.S. ;:
b~~ .~ \hjhh!J- . ' WHO PROVED TO ME ON THE BASIS OF SATISFACTORY !DENCE TO BE THE PERSON(S) WHOSE NAME(S) J.8'/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT l:IE/SI IE/THEY E1<~CUTED THE SAME IN Hla/l=le:R/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY ~/1 IER/THEIR S.IQN. AT\JRE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS
~
IS IN f<i(\J'U\~cl.t COUNTY.
SIGNATURE
MY COMMISSION EXPIRES M@ ~ i, 102):..
~N~~-k-1A: N&GS✓
MY COMMISSION NUMBER JJ .. '? ,t q J 4
(NAME PRINTED)
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY
OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF O~<SE:, )
ON NPv'l?fa'.'Y'XfEI? 'L9 , 2.oJ.1 BEFORE ME, 5\-.:+:$,G: O'ol::¼:t--l~l NOTARY PUBLIC, PERSONALLY APPEARED "t) f-frR,\C' K '.D A\.::SR,,.b\ -=-::,::-:::cc=-=--=-::-.......,.,-=---=----=---=--=' WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(~ IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SH(/~ EXECUTED THE SAME IN HIS/~/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/i=i,ER/:i:HEIR SIGNATURE'8) ON THE INSTRUMENT THE PERSON(~.
OR THE ENTITY UPON BEHALF OF WHICH THE PERSON<sj ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS
SIGNATURE ~~~
IS IN O'Q__,Q ....Je.Gz COUNTY.
MY COMMISSION EXPIRES b~ I Hp /'2 Q'1.5 .
~~o.~~ ~ MY COMMISSION NUMBER 22,5 (:Pol r, .
-
(NAME PRINTED)
IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
PARCEL MAP NO. 38247
BEING A SUBDIVISION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER, OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN.
ALSO BEING GOVERNMENT LOTS 160 & 161 OF GLO DEPENDENT RESURVEY OF SECTION 14 MAP NO. 53 137-N, ACCEPTED JULY 8, 1988 AND FORMERLY BEING BLOCKS 229 & 230 PER BLM SUPPLEMENTAL PLAT OF SECTION 14 MAP NO. 79436, ACCEPTED APRIL 21, 1955. LOT 160/BLOCK 230 REVISED TO BLOCK 72B ON SCHEDULE NO. 4, AGUA CALIENTE RESERVATION.
WALDEN & ASSOCIATES
JEFFREY A. WALDEN, P.L.S. 7914
AUGUST 2021
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY
OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF _______ )
ON ___________ BEFORE ME, ____________ _
NOTARY PUBLIC, PERSONALLY APPEARED _________________ _
----------------,-• WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS
IS IN COUNTY.
SIGNATURE
MY COMMISSION EXPIRES
MY COMMISSION NUMBER
(NAME PRINTED)
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY
OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF _______ )
ON ___________ BEFORE ME, ____________ _
NOTARY PUBLIC, PERSONALLY APPEARED _________________ _
______________ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE{S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS
IS IN COUNTY.
SIGNATURE
MY COMMISSION EXPIRES
MY COMMISSION NUMBER
(NAME PRINTED)
SHEET 2 OF 3
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY
OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF _______ )
ON ___________ BEFORE ME, ____________ _
NOTARY PUBLIC, PERSONALLY APPEARED _________________ _
----------------,--,.---=---.• WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ ARE SUBSCRIBED TO THE WITHIN INSTRUMENT
AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS
IS IN COUNTY.
SIGNATURE
MY COMMISSION EXPIRES
MY COMMISSION NUMBER
(NAME PRINTED)
ALL-PURPOSE ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY
OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF CALIFORNIA )
COUNTY OF _______ )
ON ___________ BEFORE ME, ____________ _
NOTARY PUBLIC, PERSONALLY APPEARED ________________ _
______________ , WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT,
AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED
CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND. MY PRINCIPAL PLACE OF BUSINESS
IS IN COUNTY.
SIGNATURE
MY COMMISSION EXPIRES
MY COMMISSION NUMBER
(NAME PRINTED)
Item 1F - 11
30 0 60 120
1_ 1 '_~I
SCALE IN FEET
1 inch = 60 ft.
IN THE CITY OF PALM SPRINGS,
COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
PARCEL MAP NO. 38247
BEING A SUBDIVISION OF THE SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF THE NORTHEAST QUARTER, OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST, SAN BERNARDINO MERIDIAN.
N
LINE TABLE
LINE BEARING DISTANCE
ALSO BEING GOVERNMENT LOTS 160 & 161 OF GLO DEPENDENT RESURVEY OF SECTION 14 MAP NO. 53 137-N, ACCEPTED JULY 8, 1988 ANO FORMERLY BEING BLOCKS 229 & 230 PER BLM SUPPLEMENTAL PLAT OF SECTION 14 MAP NO. 79436, ACCEPTED APRIL 21, 1955. LOT 160/BLOCK 230 REVISED TO BLOCK 728 ON SCHEDULE NO. 4 AGUA CALIENTE RESERVATION.
L1 N 35°33' 53" E 25.82' WALDEN & ASSOCIATES JEFFREY A. WALDEN, P.L.S. 7914 AUGUST 2021 .- _ A,-----~ 89°53'39" W 1317.74' (N 89°59'08" W _1317.78' R2 & R6_) ___ _ L2 N 00"10'35" E 6.99'
L3 N 46°56'16" E 20.53' CURVE TABLE
L4 N 89°58'12" E 29.94' CURVE DELTA RADIUS
LS N 05"20'23" E 217.00' Cl 52°59'0o" 25.00'
BASIS OF BEARINGS:
THE BASIS OF BEARINGS SHOWN HEREON ARE BASED UPON THE CENTERLINE OF AVENIDA LOS CABALLEROS BEING NORTH 00"01 '51' EAST AS SHOWN ON P.M. 18/38.
SURVEYOR'S NOTES:
(R1) INDICATES RECORD DATA PER P.M. 18/38.
(R2) INDICATES RECORD DATA PER TRACT NO. 11093, M.B. 103/56-57. (R3) INDICATES RECORD DATA PER PARCEL MAP NO. 23288, P.M. 161/39-40. (R4) INDICATES RECORD DATA PER TRACT NO. 20485, M.B. 200/47-48. (R5) INDICATES RECORD DATA PER TRACT NO. 17431, M.B. 122/85-86. (R6) INDICATES RECORD DATA PER RECORD OF SURVEY R.S. 151/6.
EASEMENT NOTES:
LENGTH
23.12'
@ INDICATES AN EASEMENT FOR STREET RIGHT-OF-WAY AND PUBLIC UTILITY PURPOSES, IN FAVOR OF THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION, RECORDED JULY 6, 1987, AS INSTRUMENT NO. 87-0191325, OF OFFICIAL RECORDS.
@ INDICATES AN EASEMENT FOR CONSTRUCTING AND MAINTAINING PUBLIC IMPROVEMENTS, LIMITED
TO SIDEWALKS, SANITARY SEWER LINES, WATER LINES FOR FIRE PROTECTION MAINS AND
HYDRANTS AND STREET DIRECTIONAL SIGNS, IN FAVOR OF THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION, RECORDED AUGUST 27, 1998, AS INSTRUMENT NO. 1998-0362989, OF OFFICIAL RECORDS.
@ INDICATES AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES, DEDICATED HEREON TO THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION. @ INDICATES AN EASEMENT FOR PUBLIC SIDEWALK PURPOSES, DEDICATED HEREON TO THE CITY OF PALM SPRINGS, A MUNICIPAL CORPORATION.
MONUMENT NOTES:
• INDICATES A FOUND MONUMENT AS NOTED BELOW.
DJ FOUND 3/4" I.P. WITH PLASTIC PLUG STAMPED "LS 8869" IN C.P.S. MON. WELL, PER (R6), DOWN 0.2'. ACCEPTED AS NW CORNER, SW 1/4, NE 1/4, SEC. 14.
II) FOUND AXEL WITH TAG "LS 4152" WIRED TO SIDE IN C.P.S. MON. WELL PER (R3), (R5) & (R6), DOWN 0.5'. ACCEPTED AS CENTER OF SEC. 14.
[II FOUND 1" I.P. "RCE 11543" IN C.P.S. MON. WELL PER (R5) & (R6), DOWN 0.5'. ACCEPTED AS SE CORNER, SW 1 / 4, NE 1 / 4, SEC. 14.
[±J FOUND 1" I.P. "LS 8869" BENT, DOWN 0.6', NO REFERENCE. PRIOR MON. WELL DESTROYED.
ACCEPTED AS CENTERLINE INTERSECTION OF AMADO ROAD AND HERMOSA DRIVE PER (R6).
ACCEPTED AS NE CORNER, SE 1/4, SW 1/4, NE 1/4, SEC. 14. TO BE RE-SET PER THIS MAP. [[j FOUND 1" I.P. WITH TAG "RCE 25658" IN C.P.S. MON. WELL PER (R2) & (R6), DOWN 0.5'.
ACCEPTED AS NE CORNER, SW 1/4, NE 1/4, SEC. 14.
I]] FOUND 1" I.P. WITH TAG "RCE 25658'' IN C.P.S. MON. WELL PER (R2), DOWN 0.5'.
II] FOUND 1" I.P. WITH PLASTIC PLUG STAMPED "LS 8869" PER (R6), FLUSH. [II FOUND CHISELED "/\" ON so. RIM M.H. PER (R3).
[[) FOUND 1" I.P. WITH PLASTIC PLUG STAMPED "LS 8869" PER (R6), FLUSH. 0 INDICATES MONUMENT TO BE SET AS NOTED BELOW:
1 i ,- 658.87'{658.89•ViIB) ·I ·- 658.87'
,;;'co /. - 7
---{tAMADO
8 ........
(0
a::
- I I"')
(0
co
3:
~
I"') I ~
g
0 z
'-'
........
'<I"
a::
in I (0
co
~
I"')
~
-....,
-.
N
.a::a:: ~~--
• • (0
.......
(0
a::
N
I"')
........
(0
a::
-
~
I,()
in
~
I"')
...... r-- a::
:21:2
'-'
a::
ix:> I~
IX)
co
~
I"')
~
~
<( g,
C o
z z
w
~ ~
a::
~I
LL.
0 Cf)
u5
a§
(0
'-'
........
I"')
a::
ESTABLISHED BY
PROPORTION.
ACCEPTED AS SW
CORNER, SE 1/ 4,
SW 1/4, NE 1/4,
• ~
I"')
N
g
0 z
ACCEPTED AS NW
CORNER, SE 1 / 4,
SW 1/4, NE 1/4,
SECTION 14.
s(C- ,Dr,
s.B.W-·
PARCEL 1
432,791 SQ. FT. - 9.936 ACRES GROSS
381,449 SQ. FT. - 8.757 ACRES NET
'
N 89°58'44" E
CL GO\/[RNM
MAP N~ D[P[N&~ Lor 16 7
· 53 137 -~ R£suRv./::\,,
, 07/Q l..T
BLo /
1 8/19 88 Ck 229
MAP No BLM SUpp
. 79436 LEM[NTA
, 04/21/19\;LAr
--- ~
/ i1\ I
g:g
;~ \
----
613.66'
SECTION 14. -----~ g 8
0 \ ci g (N 89°59'21' W R3) t OF IMPROVEMENTS
C)
0 ci
I,()
-N
I"')
in
(0
in
IX)
I,()
w
'io
0 ~
\ p
0 0
I z
I
@~ I
IX) I
I
I
-.
SHEET 3 OF 3
w
> ii: C
<(
Cl)
0 :i 0::: w ::c:
........
(0
a::
(0
(0
,.,.; ..-
I"')
....
;:
'b,
!!'> ..-
__ g
(0 0
a:: z
C) '-'
(0
co 0)
I() (0
(0 •
-...., I"')
-I"')
- ..-
~
(0
co w
/ i :8.
(0
C)
0 co
I"')
N
0 n g
0 z
'L IRON PIPE WITH TAG STAMPED "P.L.S. 7914" OR SPIKE AND WASHER STAMPED "P.L.S. 7914'' OR LEAD AND TAG STAMPED "PLS 7914" TO BE SET AT ALL BOUNDARY CORNERS WITHIN ONE YEAR OF THE RECORDING OF THIS MAP. ,H----=-+1=0 "'_ . I,() - --~~~ ---- -. 1-_____ _ ------ o ---0-----+- ~m------~~----------~---------...,,lj~~---+-+-..._--~F ..-658.65'-· 658·65' t OF RIGHT OF WAY 0 1" IRON PIPE WITH TAG STAMPED "P.L.S. 7914" OR SPIKE AND WASHER STAMPED "P.L.S. 7914" OR LEAD AND TAG STAMPED "PLS 7914" TO BE SET AT ALL PARCEL CORNERS WITHIN ONE YEAR OF THE RECORDING OF THIS MAP.
C)
I,()
8 N 89°58'44" E 1317.30' (N 89°53'28" W R1) (1317.24' R5) (N 89°53'08" E 1317.19' R6) 8 g g TAHQUITZ CANYON WAY g -
Attachment C
Item 1F - 12
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING PARCEL MAP
38247 FOR KOAR PALM SPRINGS, LLC A DELAWARE
LIMITIED LIABILITY COMPANY, FOR PROPERTY
LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, IN
SECTION 14, TOWNSHIP 4 SOUTH, RANGE 4 EAST.
WHEREAS, the City Council of the City of Palm Springs, (hereinafter the “City”), at its meeting of June 5, 2019, approved Tentative Tract Map 37602 (TTM 37602, previous condominium map) later converted to Tentative Parcel Map 38247 subject to conditions; and
WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of December 17, 2020, recommended approval of Tentative Parcel Map 38247, subject to conditions; and
WHEREAS, KOAR Palm Springs, a Delaware Limited Liability Company, (hereinafter the “Subdivider”), has filed with the City a final map for Tentative Parcel Map 38247, identified as Parcel Map 38247, in accordance with Section 66458 of the California Government Code; and
WHEREAS, the Subdivider, has offered dedication to the City of Palm Springs; an easement for street and public utility purposes; an easement for public sidewalk purposes said easements dedicated on map as easement notes C and D and
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
Parcel Map 38247 is in substantial conformance with the approved Tentative Tract Map 38247.
SECTION 2. Parcel Map 38247 is in conformance with the General Plan.
SECTION 3. Parcel Map 38247 conforms to all requirements of the Subdivision Map Act of the State of California.
SECTION 4. In accordance with Section 66477.1 of the California Government Code, the offers of dedication to the public on Parcel Map 38247 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof.
SECTION 5.
The last section is always followed by the following verbiage:
Item 1F - 13
Resolution No. _____
ADOPTED THIS 24TH DAY OF FEBRUARY, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1F - 14
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, hereby certify that Resolution No. _____________ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 24, 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 ______ day of ______________, _________.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1F - 15
CITY COUNCIL STAFF REPORT
02/24/2022 1. G.
City Clerk -
SUBJECT
APPROVAL OF AN AMENDED AND REINSTATED ENCROACHMENT
AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR A
VEHICULAR ENTRANCE GATE TO THE TAHQUITZ VISITOR CENTER WITHIN
THE WEST END OF THE MESQUITE AVENUE PUBLIC RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22-01-0500
RECOMMENDATION:
Adopt Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDED AND REINSTATED ENCROACHMENT AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE GATE TO THE TAHQUITZ VISITOR CENTER WITHIN THE WEST END OF MESQUITE AVENUE PUBLIC RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22-01-0500, AND APPROVING A DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1G
CITY COUNCIL STAFF REPORT
DAT
E: February 24, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF AN AMENDED AND REINSTATED ENCROACHMENT
AGREEMENT WITH THE AGUA CALIENTE BAND OF CAHUILLA
INDIANS FOR A VEHICULAR ENTRANCE GATE TO THE TAHQUITZ
VISITOR CENTER WITHIN THE WEST END OF THE MESQUITE
AVENUE PUBLIC RIGHT -OF-WAY IN SECTION 22, TOWNSHIP 4
SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22-01-0500
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:
The A
gua Caliente Band of Cahuilla Indians (Tribe) and the City of Palm Springs (City) entered into an Encroachment Agreement on March 12, 2001, to construct and maintain a vehicular entrance gate to the Agua Caliente Tahquitz Visitor Center (Visitor Center) property, within the west end of the Mesquite Avenue public right -of-way. The Tribe recently submitted a fee- to-trust application with the United States Secretary of the Interior (Secretary) for the Visitor Center property. The Secretary indicated that before the United States can acquire the Tribe Property in trust , the Tribe and City must alter the Original Agreement. The City and Tribe have agreed that it is best to terminate the Original Agreement and enter into a new agreement to satisfy the request by the Secretary.
RECOMMENDATION:
1. Adop
t Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDED AND
REINSTATED ENCROACHMENT AGREEMENT WITH THE AGUA CALIENTE
BAND OF CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE GATE TO THE
TAHQUITZ VISITOR CENTER WITHIN THE WEST END OF MESQUITE AVENUE PUBLIC RIGHT -OF-WAY IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST, ENGINEERING FILE EA 22 -01-0500, AND APPROVING A
DETERMINATION THAT THE ACTION IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA).”.
2. Authorize the City Manager to execute all necessary documents.
Item 1G - 1
City Council Staff Report
February 24, 2022-- Page 2
Approved & Reinstated Encroachment Agreement with ACBCI
BUSINESS PRINCIPAL DISCLOSURE:
The Agua Caliente Band of Cahuilla Indians of the Agua Caliente Indian Reservation is a federally recognized tribe of the Cahuilla, located in Palm Springs, Riverside County, California.
BACKGROUND:
The Tribe and the City entered into an Encroachment Agreement, approved at the March 12, 2001 City Council meeting, and recorded on April 19, 2001, as Document No. 2001- 165697 in the Official Records of Riverside County, California (the “Original Agreement”).
Among other things, the City granted the Tribe a revocable and relocatable license to construct and/or maintain an encroachment in the form of a vehicular entrance gate on City Property. The City’s issuance of an encroachment permit (the “Permit”) for the Encroachment in accordance with Chapter 14.16 of the Palm Springs Municipal Code was conditioned upon Tribe executing the Original Agreement, which currently remains in force.
STAFF ANALYSIS:
The Tribe recently submitted a fee- to-trust application in accordance with the Indian Reorganization Act (25 U.S.C. § 5108), the Indian Land Consolidation Act (25 U.S.C. § 2202), and 25 CFR Part 151 requesting that the Secretary of the Interior or his or her designee (the “Secretary”) acquire, in the name of the United States and hold in trust for the exclusive benefit of Tribe, the Tribe Property. The Secretary has indicated that before the United States can acquire the Tribe Property in trust for the exclusive benefit of Tribe, Tribe and City will either have to terminate the Original Agreement or remove from the Original Agreement the requirement that Tribe "...maintain, repair, and replace the Encroachment and the requirement that Tribe indemnify, defend, and hold harmless City, its officers, agents, and employees."
To satisfy the Secretary’s request, City and Tribe have agreed that it is in the best interests of both Parties for City to terminate the Original Agreement and release the Tribe Property, Tribe, and its officers, agents, and employees from the obligations thereunder to effectuate conveyance of the Tribe Property to the United States.
After the transfer to trust action has been completed, City and Tribe desire to enter into this Restated Agreement to reestablish Tribe’s obligation to maintain the e ncroachment and to indemnify, defend, and hold harmless City, its officers, agents, and employees.
Both the Termination and Restated agreements are included and incorporated into the resolution. No modifications to the terms of the agreement relative to the gate or its encroachment are proposed in the Restated Agreement.
Item 1G - 2
City Council Staff Report
February 24, 2022-- Page 3
Approved & Reinstated Encroachment Agreement with ACBCI
Item 1G - 3
City Council Staff Report
February 24, 2022-- Page 4
Approved & Reinstated Encroachment Agreement with ACBCI
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In accordance with Section 15061(b)(3) of the CEQA Guidelines, the approval of the Encroachment Agreement is exempt from CEQA, as a common- sense exemption.
The vehicular entrance gate to the Visitor Center is improved and will remain improved if this application is approved. Therefore, Notices of Exemption will be prepared and filed with the Riverside County Clerk.
FISCAL IMPACT:
There is no fiscal impact associated with approval of the requested Encroachment Agreement with the Tribe.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Resolution and Agreement.
Item 1G - 4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDED AND REINSTATED ENCROACHMENT
AGREEMENT WITH THE AGUA CALIENTE BAND OF
CAHUILLA INDIANS FOR A VEHICULAR ENTRANCE GATE
TO THE TAHQUITZ VISITOR CENTER WITHIN THE WEST
END OF MESQUITE AVENUE PUBLIC RIGHT -OF-WAY IN
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST,
ENGINEERING FILE EA 22 -01-0500, AND APPROVING A
DETERMINATION THAT THE ACTION IS CATEGORICALLY
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA).”
WHERE AS, the Agua Caliente Band of Cahuilla Indians (Tribe) and the City of Palm Springs (City) entered into an Encroachment Agreement on March 12, 2001, to construct and maintain a vehicular entrance gate to the Agua Caliente Tahquitz Visitor Center (Visitor Center) property, within the west end of Mesquite Avenue public right- of-way.
WHERE AS, the Tribe recently submitted a fee- to-trust application with the United States Secretary of the Interior (Secretary) for the Visitor Center property. The Secretary indicated that before the United States can acquire the Tribe Property in trust, the Tribe and City must alter the Original Agreement.
WHERE AS, the City and Tribe have agreed that it is in the best to terminate the Original Agreement and enter into a new agreement to satisfy the request by the Secretary, the Tribe requests City Council approval of the Amended and Reinstated Encroachment Agreement.
WHERE AS, the City Council has considered all evidence submitted concerning the Amended and Reinstated Encroachment Agreement attached hereto and made a part hereof.
WHERE AS, Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”), and pursuant to the CEQA Guidelines, Section 15301 “Existing Facilities,” Class 1 projects consist of the minor alteration of existing public str uctures or topographical features involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.
Item 1G - 5
----
WHERE AS, in accordance with Section 15301(c) of the CEQA Guidelines, the City Council has determ ined that approval of the requested right -of-way vacation is considered categorically exempt from CEQA.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.
Section 2. The Agua Caliente Band of Cahuilla Indians (Tribe) and the City of Palm Springs (City) entered into an Encroachment Agreement on March 12, 2001, to construct and maintain a vehicular entrance gate to the Agua Caliente Tahquitz Visitor Center (Visitor Center) property, within the west end of Mesquite Avenue public right-of-way.
Section 3. The Tribe recently submitted a fee- to-trust application with the United States Secretary of the Interior (Secretary) for the Visitor Center property. The Secretary indicated that before the United States can acquire the Tribe Property in trust, the Tribe and City must alter the Original Agreement.
Section 4. The City and Tribe have agreed that it is in the best to terminate the Original Agreement and enter into a new agreement to satisfy the request by the Secretary , the Tribe requests City Council approval of the Amended and Reinstated Encroachment Agreement.
Section 5. The City Council does hereby approve the Amended and Reinstated Encroachment Agreement to maintain a vehicular entrance gate to the Agua Caliente Tahquitz Visitor Center (Visitor Center) property, within the west end of Mesquite Avenue public right-of-way.
Section 6. The City Clerk is hereby directed to cause a certified copy of this Resolution, attested by him under the seal of the City, to be recorded in the Office of the Count y Recorder of Riverside County.
Item 1G - 6
Section 8. The City Council hereby determines that the action undertaken by this Resolution is categorically exempt from CEQA pursuant to Section 15301(c) “Existing Facilities,” as a Class 1 project consisting of the minor alteration of existing public structures or topographical features involving negligible or no expansion of use beyond that existing at the time of the City Council’s determination.
ADOPTED THIS 24TH DAY OF FEBRUARY 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1G - 7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 24, 2022, by the followi ng 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 24
th day of February, 2021.
ANTHONY J. MEJIA, MMC
CITY CLERK
Item 1G - 8
55575.18120\34607961.3
1 Amended and Restated Encroachment Agreement
THIS AMENDED AND RESTATED ENCROACHMENT AGREEMENT (this “ Restated Agreement”) is made and entered into as of January 1, 2022 (the “Effective Date”) by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (“Tribe”), and the City of Palm Springs, a California charter city ( “City”). Tribe and City are sometimes individually referred to as a “ Party” and colle ctively as the “ Parties” in this Restated Agreement.
RECITALS
A. Tribe is currently the owner of that certain real property located in the City of Palm Springs, California, County of Riverside, State of California commonly known as 500 West Mesquite Avenue, Palm Springs, California 92664, (APNs 513-250-023 (portion), -040, -041 and -042, and a portion of Mesquite Avenue), more particularly depicted on Exhibit A attached hereto and incorporated herein by this reference ( “Tribe Property”). City is the owner of an easement interest in the Tribe Property pursuant to those certain Grants of Right-of-Way recorded on April 30, 1982 as Document No. 74471 and November 27, 2000 as Document No. 2000-469126 in the Official Records of Riverside County, California as more particularly depicted on Exhibit A (“City Property”).
B. Tribe and City entered into that certain Encroachment Agreement dated March 12, 2001 and recorded on April 19, 2001 as Document No. 2001-165697 in the Official Records of Riverside County, California (the “ Original Agreement”) where, among other things, City granted Tribe a revocable and relocatable license to construct and/or maintain an encroachment in the form of a vehicular gate with type “N” reflector mounted on the Mesquite Avenue side of the gate on the City Property, which said encroachment is more particularly depicted on Exhibit A (the “Encroachment”). City’s issuance of an encroachment permit (the “ Permit”) for the Encroachment in accordance with Chapter
14.16 of the Palm Springs Municipal Code was conditioned upon Tribe executing the Original Agreement.
C. Tribe recently submitted a fee-to-trust application in accordance with the Indian Reorganization Act (25 U.S.C. § 5108), the Indian Land Consolidation Act (25 U.S.C. § 2202), and 25 CFR Part 151 requesting that the Secretary of the Interior or his or her designee (the “Secretary”) acquire in the name of the United States and hold in trust for the exclusive benefit of Tribe the Tribe Property.
D. The Secretary has indicated that before the United States can acquire the Tribe Property in trust for the exclusive benefit of Tribe, Tribe and City will either have to terminate the Original Agreement or remove from the Original Agreement the requirement that Tribe maintain, repair, and replace the Encroachment and the requirement that Tribe indemnify, defend, and hold harmless City, its officers, agents, and employees.
E. To satisfy the Secretary’s request, City and Tribe have agreed that it is in the best interests of both Parties for City to terminate the Original Agreement and release the Item 1G - 9
55575.18120\34607961.3
2 Tribe Property, Tribe, and its officers, agents, and employees from the obligations thereunder to effectuate conveyance of the Tribe Property to the United States.
F. City and Tribe desire to enter into this Restated Agreement to reestablish Tribe’s obligation to maintain, repair, and replace the Encroachment and to indemnify, defend, and hold harmless City, its officers, agents, and employees.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Term. The term of this Restated Agreement shall commence on the Effective Date and shall expire on December 31, 2121, unless earlier terminated as provided herein (the “Term”). The Parties may, by mutual and written consent, extend the Term prior to expiration of this Restated Agreement.
2. Termination of Original Agreement. Within thirty (30) days of the Parties’ execution of this Restated Agreement, City and Tribe shall execute, and City shall record, a Termination and Release of Encroachment Agreement, the form of which is attached hereto as Exhibit B and incorporated herein by this reference.
3. License. During the Term, City hereby grants to Tribe a license revocable and relocatable with or without cause at any time by City to maintain, repair, and replace the Encroachment upon all of the terms and conditions of the Permit and this Restated Agreement (the “License”).
4. Nature of Restated Agreement. The Parties acknowledge and agree that the provisions contained in this Restated Agreement do not constitute covenants running with the land. All rights and obligations of the Parties shall be for the sole benefit of the Parties and shall not constitute an encumbrance on the Tribe Property or be construed as inuring to and binding upon any third party unless said rights and obligations are assigned and assumed pursuant to Section 7 below.
5. Maintenance. Tribe hereby agrees to maintain, repair, and replace the Encroachment in accordance with Chapter 1 4.16 of the Palm Springs Municipal Code, as amended, renumbered, or restated from time to time. Tribe shall maintain, repair, and replace the Encroachment and the City Property so as to keep the Encroachment and such area in a neat, clean, first class condition, and in good order and repair, free of weeds, trash, and debris at all times. In the event Tribe does not maintain the Encroachment and the City Property as required herein, City may terminate this Restated Agreement and the License as more particularly provided in Section 9 below.
6. Indemnity. Tribe hereby agrees to indemnify and defend City, its officers, agents, and employees against and to hold and save each of them harmless from, any and all actions, suits, claims, damages, to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (collectively, “ claims” or “liabilities”) that may be asserted or claimed by any person, firm, or entity arising out of or in connection with the location, Item 1G - 10
55575.18120\34607961.3
3 construction, maintenance, relocation, or removal of the Encroachment, but excluding such claims or liabilities arising from the sole negligence or willful misconduct of City, its officers, agents, or employees, who are directly responsible to City, and in connection therewith: (a) Tribe will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs in connection therewith; (b) Tribe will promptly pay any judgment rendered against City, its officers, agents, or employees for any such claims or liabilities and Tribe agrees to save and hold City, its officers, agents, and employees harmless therefrom; (c) in the event City, its officers, agents, or employees is made a party to any action or proceeding filed or prosecuted against Tribe for such damages or other claims arising out of the location, construction, maintenance, relocation, or removal of the Encroachment, Tribe agrees to pay City, its officers, agents, and employees, any and all costs and expenses incurred by City, its officers, agents, and employees in such action or proceeding, including, but not limited to, legal costs and attorneys’ fees.
7. Assignment of Restated Agreement. Neither this Restated Agreement nor any of the rights, interests, or obligations hereunder shall be assigned by any of the Parties hereto (whether by operation of law or otherwise) without the prior written consent of the other Party. Subject to the preceding sentence, this Restated Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns.
8. Notification to Third Party Transferee . In the event the United States conveys the Tribe Property to a third party at any point after it acquires the Property in trust for the exclusive benefit of Tribe, Tribe shall provide written notice to said third party of this Restated Agreement prior to the effective date of the conveyance. Tribe shall require as a condition of the conveyance that the third party assume the obligations of this Restated Agreement or remove the Encroachment at the third party’s sole cost and expense.
9. Termination of Restated Agreement . City may, with or without cause, terminate this Restated Agreement (and the License granted hereunder) at any time. If City terminates this Restated Agreement without cause, City shall remove the Encroachment and restore the City Property to its former condition, at its sole cost and expense, within thirty (30) days of written notice to Tribe. If City terminates this Restated Agreement (and the License granted hereunder) for cause, including but not limited to Tribe’s failure to maintain, repair, and replace the Encroachment and the City Property pursuant to Section 5 above, Tribe shall remove the Encroachment and restore the City Property to its former condition, at its sole cost and expense, within thirty (30) days of written notice to Tribe.
10. Dispute Resolution.
a. Preliminary Negotiation. City and Tribe shall attempt in good faith to resolve any dispute arising out of or relating to this Restated Agreement promptly by negotiation.
b. Arbitration. Any dispute, claim, or controversy arising out of or relating to this Restated Agreement or the breach, termination, enforcement, interpretation, Item 1G - 11
55575.18120\34607961.3
4 or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, that cannot be resolved through preliminary negotiation shall be determined by binding arbitration in Riverside County, California before one (1) arbitrator.
The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the JAMS’ Streamlined Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude the Parties from enforcing the award with a court of appropriate jurisdiction or seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in accordance with Section 12 below.
11. Damages. Notwithstanding any provision in this Restated Agreement to the contrary, neither Party shall be liable to the other, in any event, for any special, consequential, or incidental damages arising out of or relating to this Restated Agreement, whether arising in contract, tort, state, federal, or Tribal laws or otherwise.
12. Limited Waiver of Sovereign Immunity. By this provision, Tribe does not waive, limit, or modify its sovereign immunity against contested suits except as specifically provided herein. Tribe hereby agrees to waive its sovereign immunity solely for the limited purpose of authorizing only City (a) to initiate an arbitration seeking to enforce all rights granted to City under this Restated Agreement; (b) to seek provisional remedies in aid of arbitration; or (c) to enforce an arbitration award. In the event the Parties to this Restated Agreement have a need to seek provisional remedies in aid of arbitration or to enforce an arbitration award and are unable to do so without litigation, the only jurisdiction and venue for such litigation shall be either the United States District Court, Central District of California, Eastern Branch or the Superior Court of the State of California, County of Riverside.
13. Miscellaneous Provisions.
a. Delivery of Notices. All notices, requests, consents, demands, waivers, summons, or other legal process, or similar types of communications permitted or required under this Restated Agreement (each, a “ Notice”) shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
City:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Justin Clifton
City Manager
With Copy To:
Jeffrey S. Ballinger, Esq., City Attorney
Best Best & Krieger LLP
655 W. Broadway, 15th Floor
San Diego, CA 92101
Item 1G - 12
55575.18120\34607961.3
5 Tribe:
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, California 92264
Attn: Margaret Park, AICP, MBA
Chief Planning Officer
All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). A Notice is effective only (i) on receipt by the receiving Party and (ii) if the Party giving the Notice has complied with the requirements of this Section 13(a).
b. Governing Law . This Restated Agreement shall in all respects be interpreted, enforced, and governed by the laws of the State of California. This Restated Agreement shall not be construed either for or against City or Tribe, but this Restated Agreement shall be interpreted in accordance with the general tenor of the language in an effort to reach an equitable result.
c. Attorney’s Fees and Costs . If any Party to this Restated Agreement initiates a proceeding to enforce its rights hereunder or to interpret of apply this Restated Agreement, the prevailing Party shall be entitled to recover all of its costs and expenses, including, without limitation, legal interest thereon and all of its reasonable attorney’s fees and arbitration fees incurred in connection with such action.
d. Time of Essence. Time is of the essence for each and every provision of this Restated Agreement.
e. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Restated Agreement, the language of this Restated Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period of performance shall be deemed calendar days and not business days unless otherwise specified. All references to Tribe include all officials, officers, employees, personnel, agents, volunteers, contractors, and subcontractors of Tribe, except as otherwise specified in this Restated Agreement. All references to City include all officials, officers, employees, personnel, agents, volunteers, contractors, and subcontractors of City, unless otherwise specified in this Restated Agreement. The captions of the various paragraphs and sections are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Restated Agreement.
f. Amendment; Modificatio n. No supplement, modification, or amendment of this Restated Agreement shall be binding unless executed in writing and signed by both Parties.
Item 1G - 13
55575.18120\34607961.3
6 g. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
h. No Third-Party Beneficiaries. No person or entity who or which is not a signatory to this Restated Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either City or Tribe hereunder as a result of the Parties performance or nonperformance of their respective obligations under this Restated Agreement.
i. Invalidity; Severability. If any portion of this Restated Agreement is declared invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect.
j. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Restated Agreement.
k. Authority to Enter Restated Agreement . Each Party warrants that the individuals who have signed this Restated Agreement have the legal power, right, and authority to make this Restated Agreement and bind each respective Party.
l. Cumulative Remedies . Except with respect to rights and remedies expressly declared to be exclusive in this Restated Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.
m. Counterparts. This Restated Agreement may be signed by counterparts, each of which shall constitute an original.
n. Entire Agreement . This Restated Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
[SIGNATURES ON THE FOLLOWING PAGE]
Item 1G - 14
Item 1G - 15
IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date.
CITY OF PALM SPRINGS, a California
charter city
By: ________ ___ _
Its: _____ _______ _ _
APPROVED AS TO FORM
By: ______ _____ _
Jeffrey S. Ballinger, City Attorney
ATTEST
By: _________ __ _
Anthony J. Mejia, City Clerk
55575. l 8120\34607961.3
7 AGUA CALIENTE BAND OF CAHUILLA
INDIANS, a federally recognized Indian
tribe
By:~p,J_
Margaret Park, AICP, MBA
Chief Planning Officer
APPROVED AS TO FORM
_
.../GIS/Project_Files/Planning-General/mxds/T4SR4E_Sec_22_Encroachment_Prior_APN_20220112.mxd E X H I B I T A D E P I C T I O N O F T R I B E P R O P E R T Y A N D E N C R O A C H M E N T Ü
0 50 100 150 200
Feet
See Detail A
Detail A
Mesquite Ave
_ T ahquitz Visitor Center
APN 513-250-042
Mesquite Ave (Portion)
APN 513-250-041
APN 513-250-040
APN 513-250-023 (Portion)
R/O/W Inst. No. 74471
R/O/W Doc. No. 2000 - 469126
Encroachment
513-250-022
513-250-009
513-250-042
(513-250-010)
513-250-039
(513-250-010)
513-250-041
(513-250-010)
513-250-040
(513-250-010)
513-250-023
Item 1G - 16
CJ
CJ
CJ
1111
CJ
r·······
' I I :
'-------· .- ---.
L - - _1
E-3 E-3
55575.18120\34607961.3
EXHIBIT B
TERMINATION AND RELEASE OF ENCROACHMENT AGREEMENT
[To be inserted behind this cover sheet]
Item 1G - 17
55575.18120\34607961.3
1 RECORDING REQUESTED BY AND WHEN
RECORDED MAIL TO:
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, California 92264
Attention: Margaret Park
APNs: 513-250-009, -010, -022 SPACE ABOVE THIS LINE FOR RECORDER’S USE
Termination and Release of Encroachment Agreement
THIS TERMINATION AND RELEASE OF ENCROACHMENT AGREEMENT (this “Agreement”) is made and entered into on January 1, 2022 (the “Effective Date”) by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (“Tribe”), and the City of Palm Springs, a California charter city (“City”). Tribe and City are sometimes individually referred to as a “Party” and collectively as the “Parties” in this Agreement.
RECITALS
A. Tribe and City entered into that certain Encroachment Agreement dated March 12, 2001 and recorded on April 19, 2001 as Document No. 2001-165697 in the Official Records of Riverside County, California (the “Encroachment Agreement”).
B. Tribe and City desire to terminate the Encroachment Agreement as of the Effective Date and release each other from any past, present, or future obligations as more fully set forth herein.
NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. Termination of Encroachment Agreement . City and Tribe do hereby mutually agree to terminate the Encroachment Agreement as of the Effective Date. The Parties agree that the provisions of the Encroachment Agreement and any and all agreements, instruments, certificates, or other documents entered into at any time between City and Tribe concerning the Encroachment Agreement, except this Agreement and the encroachment permit issued related to the Encroachment Agreement, are hereby deemed rescinded, terminated, and voided ab initio and shall be of no force and effect such that City and Tribe shall not have any obligation to perform any act for the benefit of the other pursuant to the foregoing.
Item 1G - 18
55575.18120\34607961.3
2 2. Mutual Releases.
a. In consideration of the covenants, agreements, and undertakings of the Parties under this Agreement, each Party, on behalf of itself and its respective present and former officers, employees, agents, attorneys, and advisors (collectively, “ Releasors”) hereby releases, waives, and forever discharges the other Party and its respective present and former, direct and indirect, officers, employees, agents, attorneys, and advisors (collectively, “Releasees”) of and from any and all actions, causes of action, suits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, liens, bonds, bills, specialties, covenants, contracts, controversies, agr eements, promises, variances, trespasses, damages, judgments, extents, executions, claims, and demands, of every kind and nature whatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, in law, admiralty, or equity (collectively, “Claims”), which any of such Releasors ever had, now have, or hereafter can, shall, or may have against any of such Releasees for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of time through the Effective Date arising out of or relating to the Encroachment Agreement, except for Claims relating to rights and obligations preserved by, created by, or otherwise arising out of this Agreement.
b. Each Releasor understands that it may later discover Claims or facts that may be different from, or in addition to, those that it or any other Releasor now knows or believes to exist regarding the subject matter of the release contained in this Section 2, and which, if known at the time of signing this Agreement, may have materially affected this Agreement and such Party’s decision to enter into it and grant the release contained in this Section 2. Nevertheless, the Releasors intend to fully, finally, and forever settle and release all Claims that now exist, may exist, or previously existed, as set out in the release contained in this Section 2, whether known or unknown, foreseen or unforeseen, or suspected or unsuspected, and the release given herein is and will remain in effect as a complete release, notwithstanding the discovery or existence of such additional or different facts. The Releasors hereby waive any right or Claim that might arise as a result of such different or additional Claims or facts. The Releasors have been made aware of, and understand, the provisions of California Civil Code Section 1542 ( “Section 1542” ), which provides: “ A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. ” The Releasors expressly, knowingly, and intentionally waive any and all rights, benefits, and protections of Section 1542 and of any other state or federal statute or common law principle limiting the scope of a general release.
3. Dispute Resolution.
a. Preliminary Negotiation. City and Tribe shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation.
b. Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or Item 1G - 19
55575.18120\34607961.3
3 validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, that cannot be resolved through preliminary negotiation shall be determined by binding arbitration in Riverside County, California before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the JAMS’ Streamlined Arbitration Rules and Procedures.
Judgment on the award may be entered in any court having jurisdiction. This provision shall not preclude the Parties from enforcing the award with a court of appropriate jurisdiction or seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction in accordance with Section 5 below.
4. Damages. Notwithstanding any provision in this Agreement to the contrary, neither Party shall be liable to the other, in any event, for any special, consequential, or incidental damages arising out of or relating to this Agreement, whether arising in contract, tort, state, federal, or Tribal laws or otherwise.
5. Limited Waiver of Sovereign Immunity. By this provision, Tribe does not waive, limit, or modify its sovereign immunity against contested suits except as specifically provided herein. Tribe hereby agrees to waive its sovereign immunity solely for the limited purpose of authorizing only City (a) to initiate an arbitration seeking to enforce all rights granted to City under this Agreement; (b) to seek provisional remedies in aid of arbitration; or (c) to enforce an arbitration award. In the event the Parties to this Agreement have a need to seek provisional remedies in aid of arbitration or to enforce an arbitration award and are unable to do so without litigation, the only jurisdiction and venue for such litigation shall be either the United States District Court, Central District of California, Eastern Branch or the Superior Court of the State of California, County of Riverside.
6. Representations and Warranties . Each Party hereby represents and warrants to the other Party that:
a. It has the full right, power, and authority to enter into this Agreement, to grant the release contained herein and to perform the obligations hereunder.
b. The execution of this Agreement by the individual whose signature is set out at the end of this Agreement on behalf of such Party, and the delivery of this Agreement by such Party, have been duly authorized by all necessary action on the part of such Party.
c. This Agreement has been executed and delivered by such Party and (assuming due authorization, execution, and delivery by the other Party hereto) constitutes the legal, valid, and binding obligation of such Party, enforceable against such Party in accordance with its terms.
d. It (i) knows of no Claims against the other Party relating to or arising out of this Agreement that are not covered by the release contained in Section 2 and (ii) has neither assigned nor transferred any of the Claims released herein to any person or entity and no person or entity has subrogated to or has any interest or rights in any Claim.
Item 1G - 20
55575.18120\34607961.3
4 EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH I N THIS SECTION 6 OF THIS AGREEMENT, (A) NEITHER PARTY HERETO NOR ANY PERSON ON SUCH PARTY’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED
REPRESENTATION OR WARRANTY WHATSOEVER, EITHER ORAL OR WRITTEN, WHETHER
ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR
OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, AND (B) EACH PARTY HERETO
ACKNOWLEDGES THAT, IN ENTERING INTO THIS AGREEMENT, IT HAS NOT RELIED UPON
ANY REPRESENTATION OR WARRANTY MADE BY THE OTHER PARTY, OR ANY OTHER PERSON ON SUCH OTHER PARTY’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED IN THIS SECTION 6.
7. Indemnification.
a. Each Party (as “ Indemnifying Party ”) shall defend, indemnify, and hold harmless the other Party, and its officers, directors, managers, employees, and agents (collectively, “Indemnified Party ”), against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by an Indemnified Party (collectively, “Losses”), arising out of or resulting from any claim of a third party alleging: (i) breach by Indemnifying Party or its officers, directors, managers, employees, or agents of any representation, warranty, covenant, or other obligation set out in this Agreement; or (ii) negligence or more culpable act or omission of an Indemnifying Party or its officers, directors, managers, employees, or agents (including any recklessness or willful misconduct) in connection with the performance of its obligations under this Agreement.
b. Notwithstanding anything to the contrary in this Agreement, the Indemnifying Party is not obligated to indemnify, defend, or hold harmless the Indemnified Party against any Losses arising out of or resulting, in whole or in part, from the Indemnified Party’s: (i) willful, reckless, or negligent acts or omissions; or (ii) bad faith failure to comply with any of its obligations set out in this Agreement.
c. An Indemnified Party seeking indemnification under this Section 7 shall give the Indemnifying Party: (i) prompt Notice (as defined below) of the relevant claim; provided, however, that failure to provide such Notice shall not relieve the Indemnifying Party from its liability or obligation hereunder except to the extent of any material prejudice directly resulting from such failure; and (ii) reasonable cooperation, at the Indemnifying Party’s expense, in the defense of such claim. The Indemnifying Party shall have the right to control the defense and settlement of any such claim; provided, however, that the Indemnifying Party shall not, without the prior written approval of the Indemnified Party, settle or dispose of any claims in a manner that affects the Indemnified Party’s rights or interests. The Indemnified Party shall have the right to participate in the defense at its own expense.
Item 1G - 21
55575.18120\34607961.3
5 d. THIS SECTION 7 SETS FORTH THE ENTIRE LIABILITY AND OBLIGATION OF EACH INDEMNIFYING PARTY AND THE SOLE AND EXCLUSIVE REMEDY.
8. Assignment of Agreement . Neither this Agreement nor any of the rights, interests, or obligations hereunder shall be assigned by any of the Parties hereto (whether by operation of law or otherwise) without the prior written consent of the other Party.
Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns.
9. Miscellaneous Provisions.
a. Delivery of Notices. All notices, requests, consents, demands, waivers, summons, or other legal process, or similar types of communications permitted or required under this Agreement (each, a “ Notice”) shall be given to the respective Parties at the following addresses, or at such other address as the respective Parties may provide in writing for this purpose:
City:
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Justin Clifton
City Manager
Tribe:
Agua Caliente Band of Cahuilla Indians
5401 Dinah Shore Drive
Palm Springs, California 92264
Attn: Margaret Park, AICP, MBA
Chief Planning Officer
All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). A Notice is effective only (i) on receipt by the receiving Party and (ii) if the Party giving the Notice has complied with the requirements of this Section 8(a).
b. Governing Law. This Agreement shall in all respects be interpreted, enforced, and governed by the laws of the State of California. This Agreement shall not be construed either for or against City or Tribe, but this Agreement shall be interpreted in accordance with the general tenor of the language in an effort to reach an equitable result.
c. Attorney’s Fees and Costs. If any Party to this Agreement initiates a proceeding to enforce its rights hereunder or to interpret of apply this Agreement, the prevailing Party shall be entitled to recover all of its costs and expenses, including, without limitation, legal interest thereon and all of its reasonable attorney’s fees and arbitration fees incurred in connection with such action.
Item 1G - 22
55575.18120\34607961.3
6 d. Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period of performance shall be deemed calendar days and not business days unless otherwise specified. All references to Tribe include all officials, officers, employees, personnel, agents, volunteers, contractors, and subcontractors of Tribe, except as otherwise specified in this Agreement. All references to City include al l officials, officers, employees, personnel, agents, volunteers, contractors, and subcontractors of City, unless otherwise specified in this Agreement. The captions of the various paragraphs and sections are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
e. Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.
f. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect.
g. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.
h. Counterparts. This Agreement may be signed by counterparts, each of which shall constitute an original.
i. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements.
[SIGNATURES ON THE FOLLOWING PAGE]
Item 1G - 23
Item 1G - 24
IN WITNESS WHEREOF, the Parties have entered into this Restated Agreement as of the Effective Date.
CITY OF PALM SPRINGS, a California
charter city
By: ___________ _
Its: __________ ___ _
ATTEST
By: ___________ _
Anthony J. Mejia, City Clerk
APPROVED AS TO FORM
By: _________ __ _
Jeffrey S. Ballinger, City Attorney
55575.18120\34607961.3
7 AGUA CALIENTE BAND OF CAHUILLA
INDIANS, a federally recognized Indian
tribe
By~ PJ .
Maret Park, AICP, MBA
Chief Planning Officer
APPROVED AS TO FORM
Item 1G - 25
ACKNOWLEDGMENT
A notary public or other officer comp leting this certificate verifies only the identity of the individual who signed the document to which this cert ificate is attached, and not the truthfuln ess, accuracy, or validity of that document.
State of California )
)
Cou nty of ~\\l~,D~ )
On 01 /2-=r-Jz..ou... . before me M 1t-1?>'{ C¼+\MJbt-E:f$1er~a notary public, personally appeared 1\4-AthAitt"r i'AU-- \2-0b1t-JS0,J . who proved to me on the basis of satisfactory evidence to be the person.est whose name.CS) is/_a.re-subscribed to the within instrument, and acknowledged to me that l.leJshe/Jb,ey executed the same in hls-/her/.tl:teir authorized capacity~, and that by bi&/her /Jh.eir s ignatureW on the instrument the personW, or the entity upon behalf of whic h the personks') acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is t rue and correct.
1············, , ,~~~ ~~, MINDY CHIANG·E~STEI_~
_ , • Notary Publ,c - Cal,forn,a z
i s . .- · ~ Riverside County J
' <, . .,. ' Commission# 2232944 -
'"
0 ' My Comm. Expires Mar 30, 2022
WITNESS my hand and official seal.
(SEAL)
1 55575.18120\3460796 I .3
55575.18120\34607961.3
2 ACKNOWLEDGMENT
State of California )
)
County of ____________ )
On ____________________, before me ______________________________, a notary public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instru ment, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________________
Notary Public
(SEAL)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
Item 1G - 26
CITY COUNCIL STAFF REPORT
02/24/2022 1. H.
City Clerk -
SUBJECT
MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS
RECOMMENDATION:
Adopt Resolution entitled, “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 PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS FOR THE PERIOD OF JULY 1, 2021, THROUGH JUNE 30, 2023, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM 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 1H
CITY COUNCIL STAFF REPORT
DATE: February 24, 2022 CONSENT CALENDAR
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE P ALM SPRINGS PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS
FROM: Justin Clifton, City Manager
BY: Department of Human Resources
SUMMARY:
The City has reached a tentative Memorandum of Understanding (MOU) agreement with the Public Emp loyees’ Association of Palm Springs (PEAPS). The City Council will consider adopting a Resolution approving the Memorandum of Understanding between the City and the Association.
RECOMMENDATION:
1. Adopt R esolution 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 EMPLO YMENT FOR EMPLOYEES IN THE PUBLIC EMPLOYEES’ ASSOCIATION OF PALM SPRINGS FOR THE PERIOD OF JULY 1, 2021 THROUGH JUNE 30, 202 3, SUBJECT TO ASSOCIATION EXECUTING THE MEMORANDUM OF UNDERSTANDING.”
2. 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.
STAFF ANALYSIS:
The City and representatives of PEAPS 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 PEAPS for the period July 1, 2021 through June 30, 2023.
The two-year term agreement with P EAPS includ es a base wage increase of 3.25% effective the pay per iod following a doption of this MOU and a 3.25% increase on the pay period that includes July 1, 2022. The agreement also provides a one- time lump sum payment of 2.5% of base salary that each mem ber of the unit would have received Item 1H - 1
City Council Staff Report
February 24, 2022 -- Page 2
PEAPS MOU
for the period July 1, 2020 – June 30, 2021. Other changes include an acknowledgment of the City ’s built-in health care contribution increases , adding the Juneteenth holiday , and the tiering of bilingual pay.
The agreement was reached through negotiations with PEAPS and the City Negotiation team, which jointly recommend City Council adoption of the MOU.
FISCAL IMPACT:
During the term of the agreement the anticipated annual costs are as follows:
Year 1 (February through June) - $649,205
Year 2 Increase - $574,316
Approval of this MOU will require an appropriation from General Fund Balance in the amount of $649,205.
REVIEWED BY:
Deputy City Manager: Jeremy Hammond
City Manager: Justin Clifton
ATTACHMENTS:
A. Resolution.
B. M emorandum of Understanding.
Item 1H - 2
PUBLIC EMPLOYEES
ASSOCIATION OF PALM
SPRINGS
MEMORANDUM OF
UNDERSTANDING
JULY 1, 2021 – JUNE 30, 2023
Item 1H - 3
The Public Employees Association of Palm Springs
Memorandum of Understanding
July 1, 2021 – June 30, 2023
GENERAL PROVISIONS ............................................................................................................. 1 ARTICLE 1, TERM ........................................................................................................................ 1 ARTICLE 2, RECOGNITION ......................................................................................................... 1 ARTICLE 3, FEDERAL AND STATE LAWS ................................................................................. 1 ARTICLE 4, MAINTENANCE OF BENEFITS ............................................................................... 1 COMPENSATION/OTHER PAY ................................................................................................... 2 ARTICLE 5, SALARIES ................................................................................................................. 2 ARTICLE 6, SALARY ADVANCEMENT ELIGIBILITY ................................................................. 2 ARTICLE 7, OVERTIME AND COMPENSATORY TIME ............................................................ 2 ARTICLE 8, ACTING OUT OF CLASSIFICATION ....................................................................... 4 ARTICLE 9, STANDBY, CALL BACK AND TRAINING PAY ....................................................... 4 ARTICLE 10, ADDITIONAL PAYS ................................................................................................ 5 ARTICLE 11, SUPPLEMENTAL INDUSTRIAL DISABILITY COMPENSATION ........................ 7 ARTICLE 12, UNIFORM ALLOWANCE ....................................................................................... 7 ARTICLE 13, TOOL REIMBURSEMENT ..................................................................................... 8 ARTICLE 14, MILEAGE REIMBURSEMENT ............................................................................... 8 BENEFITS .................................................................................................................................... 9 ARTICLE 15, HEALTH AND WELFARE ...................................................................................... 9 ARTICLE 16, HEALTH INSURANCE FOR RETIREES ............................................................. 11 ARTICLE 17, RETIREMENT ....................................................................................................... 1 3 ARTICLE 18, EDUCATIONAL REIMBURSEMENT ................................................................... 14 ARTICLE 19, SAFETY SHOES................................................................................................... 14 WORK HOURS/LEAVE .............................................................................................................. 15 ARTICLE 20, HOURS OF WORK, NORMAL WORK WEEK, AND SHIFT DIFFERENTIAL ... 15 ARTICLE 21, ATTENDANCE AND LEAVE ................................................................................ 15 ARTICLE 22, HOLIDAYS ............................................................................................................ 17 ARTICLE 23, BEREAVEMENT LEAVE ...................................................................................... 19 EMPLOYER/EMPLOYEE RELATIONS ..................................................................................... 20 ARTICLE 24, REASONABLE DRESS POLICIES ...................................................................... 20 ARTICLE 25, CELLULAR PHONE POLICY ............................................................................... 20 ARTICLE 26, COMMERCIAL LICENSE REQUIREMENT ........................................................ 20 ARTICLE 27, CHANGE OF PAY PERIOD ENDING DATE ....................................................... 20 ARTICLE 28, PEAPS RIGHTS AND RESPONSIBILITIES ........................................................ 20 ARTICLE 29, QUARTERLY MEETINGS .................................................................................... 22 ARTICLE 30, GRIEVANCE PROCEDURE ................................................................................ 22 ARTICLE 31, DISCIPLINE .......................................................................................................... 24 ARTICLE 32, NO STRIKES, WORK STOPPAGES OR LOCKOUTS ....................................... 27 ARTICLE 33, CONTINUANCE OF MEMBERSHIP .................................................................... 28 APPENDIX A – DRUG AND ALCOHOL POLICY ...................................................................... 29 Item 1H - 4
1 MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF PALM SPRINGS
AND THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
JULY 1, 2021 - JUNE 30, 2023
GENERAL PROVISIONS
ARTICLE 1, TERM
PEAPS and the CITY agree as follows:
This MOU shall be for the period commencing July 1, 2021 and terminating at 11:59 p.m. on, June 30, 2023; provided, however, that specific sections of this MOU may have later effective dates as specified herein.
ARTICLE 2, RECOGNITION
This Memorandum of Understanding (“MOU”) is entered into with reference to the following facts:
A. The Public Employees Associat ion of Palm Springs (PEAPS) is the recognized employee organization for employees it represents employed by the City w ithin the General Unit (herein called "Employees") set forth In Exhibit B.
B. The Public Employees Association of Palm Springs (PEAPS) and the City have met and conferred in good faith on wage s, hours, and other terms and co nditions of employment for the employees in the bargaining unit represented by PEAPS a nd have reached agreements which are set forth in this MOU.
ARTICLE 3, 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 regulations and the provisions hereof 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 unenforceable by any tribunal of competen t jurisdiction, such part or provisions shall be suspended and superseded by 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 4, MAINTENANCE OF BENEFITS
The status of all existing benefit s and conditions of employment now enjoyed by the employees in the Unit represented by PEAPS shall not be deemed to be affe cted by this MOU, except as specifically modified by provisi ons hereof or by actions taken in the implementation hereof. All matters within the scope of bargaining have been negotiated and agreed upon. The terms and conditions set forth in this Agreement represent the full and c omplete understanding and commitment between the City and the Association.
Item 1H - 5
2 COMPENSATION/OTHER PAY
ARTICLE 5, SALARIES
Effective the pay period follo wing 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 members shall receive a three and one quarter percent (3.25%) salary increase.
In addition to the above, each m ember of the bargaining unit employed between July 1, 2020 to June 30, 2021 who is an employee on the day that the City Council approves this 2021-2023 MOU shall receive a lump sum payment equal to 2.5% of base salary ( overtime and other payments excluded) that each member of the unit would have received for the period between July 1, 2020 to June 30, 2021. This will be paid by April 8, 2022. For each cl assification represented by the Association, there is one range on the salary schedule.
ARTICLE 6, SALARY ADVANCEMENT ELIGIBILITY
Employees shall be advanced one- step on the salary schedule eff ective on each employee’s anniversary date, provided the employee’s service has been continuous and they have at least a “meets expectations” or higher service rating on their most recent performance evaluation. Such consideration for a salary advancement shall only be given effective on each anniversary date until the employee reaches the top step of the range. Any unpaid leave of absence in excess of twenty (20) consecutive days will extend an employee’s anniversary date by the length of such leave.
ARTICLE 7, OVERTIME AND COMPENSATORY TIME
7.1 Overtime
Employees shall not work overtime unless authorized in advance to do so by the department head, or appropriate authorized supervisor.
Employees are eligible to receive overtime pay or bank compensatory time at the discretion of the Department Head or appropriate des ignee. Employees who work ov ertime may advise their Department Head whether their pref erence is to receive pay or c ompensatory time, but the Department Head has the ultimate discretion to make that decision. However, Department Heads must exercise that discretion in a manner that does not preclude the accrual of compensatory time off.
A Supervisor qualified to perform the work may also sign up for overtime if a PEAPS employee is not available.
Employees will be perm itted to trade overti me shifts with their colleagues.
Employees shall be compensated for overtime worked at a rate of 50% above the employee’s rate of pay for the work performed in excess of forty (40) hours per workweek. Paid leave counts as hours worked for purposes of calculating eligibility for overtime.
Item 1H - 6
3 7.2 Compensatory Time
No employee shall accumulate compensatory time in excess of one hundred and ten (110) hours.
An employee who has accumulated the maximum amount of compensat ory time shall not be eligible to bank compensatory ti me until the accumulation has b een reduced to less than the maximum accumulation of one hundred and ten (110) hours and sha ll be paid out in the current pay period for overtime hours worked.
Employees wishing to use their accrued compensatory time off sh all provide the City with reasonable notice. A request to use compensatory time off with out reasonable notice may still be granted within the discretion of the supervisor or manager r esponsible for considering the request. If reasonable notice is provided, the request will no t be denied, unless it would be unduly disruptive to grant the request. Approval of compensato ry time off shall not be unreasonably withheld.
7.3 Overtime for Operations Specialists at the Palm Springs Ai rport This Article applies only to the classification of Operations Specialists working at the Palm Springs Airport. Should assigning overtime become necessary (as determined by a supervisor or manager) as a result of an employee in the classification requesting to use leave (e.g., vacation) or because the employee calls in as unable to work the shift (e.g., because they are sick) the following applies:
If an employee requests to use l eave in advance (with notificat ion of seven (7) days or greater) and the manager or supervisor determines that the shift would n eed to be backfilled, other Operations Specialists will have the opportunity to sign up for the shift on an overtime basis and the most senior of those who sign up for the shift (assuming th at based on the determination of the manager or supervisor based on all of the facts and circums tances would not cause the employee to be too fatigued). If no Operations Specialist sign s up for the shift, a supervisor, at the Operations Manager’s discreti on, may sign up for the shift. If no Operations Specialist or supervisor signs up for the shift, the request for leave will be denied.
Attempts to fill a shift when an Operations Specialist calls of f will be conducted in the following order by the supervisor:
A. If an employee in the classification of Operations Specialis t calls off (e.g., with less than seven (7) days advance notificat ion, calls in sick or is called for jury duty) and the manager or supervisor determines that the shift would need to b e backfilled as time permits, an attempt will be made to fill the shift by placing p hone calls to the off-duty Operations Specialists in the order of the greatest seniority t o determine if they are able to work.
B. Additionally, supervisors may work this shift to ensure that adequate coverage for the shift is provided.
C. If the phone calls do not cause the shift to be covered and the supervisor cannot cover the shift, the shift will be offered to the Operations Specialists who were working the shift that preceded the shift for which the employee is calling off. If such an offer does not cover the shift, the City retains the right to direct the employee on the current or off-going shift to stay and cover the shift. In addition, depending on when the City i s notified that the employee Item 1H - 7
4 who is supposed to work the shift will not be coming to work, t he City may contact employees on the oncoming shift to come to work early to reduce fatigue on others and potentially split the shift.
ARTICLE 8, ACTING OUT OF CLASSIFICATION
On the second consecutive day that an employee is required to perform the majority of the duties of a higher classification ("acting out of class") the employee 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 the employee is performing out of cl ass duties ("acting pay"). Such acting pay shall be prospective only, commencing on the third consecutive day the employee is p erforming the majority of the duties of the higher classification and continuing thereafter until the employee ceases performing those duties.
ARTICLE 9, STANDBY, CALL BACK AND TRAINING PAY
9.1 Standby Pay
Whenever an employee is scheduled by the department for standby duty the employee shall be paid for two (2) hours per day for standby at the employee's regular hourly rate, not subject to overtime premium. If called back to work while on standby, there is no compensation for travel.
Dispatchers and Crime Scene Technicians who are under subpoena during non-working hours shall be paid for actual court time with a minimum of four (4) hours pay for each day’s appearance at the rate of time and one-half.
Employees 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 responding, the employee 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 the employee’s normal commute time and any additional minimal time necessary to get ready to return to wor k. Standby lists shall be created monthly, when feasible, at least two weeks in advance of any standby shift. A supervisor qualified to perform the work regularly assigned to PEAPS may also be ass igned to a standby shift and added to the standby list for the month. Employees will be permitted to trade stand-by shifts with their colleagues.
9.2 Call Back Pay
An employee called back to work while not on standby shall be paid both travel time (actual travel time up to a maximum of one hour) and a minimum of two (2) hours per incident, (from when the employee arrives at the work location) at one and one-half (1 1/2) times such employee's regular hourly rate.
Crime Scene Technician(s) called back to work while not on standby shall be paid both travel time (actual travel time up to a maximum of one hour) and a minimum of four (4) hours pay per incident, (from when the employee arrives at the work location) at one an d one-half (1 1/2) times such employee's regular hourly rate.
9.3 Training Pay
Item 1H - 8
5 City shall provide five percent (5%) training pay to anyone required to train new employees or an employee in a new assignment. An employee shall not receive tr aining pay unless they are specifically asked by their super visor to train another employe e. PEAPS acknowledges and agrees that employees may ask their colleagues questions about performing their job and that does not entitle the employee to training pay and employees will not hold back from helping their colleagues with questions. Such training pay is for actual tim e spent training other employees.
Training pay can only be provided in increments of ten (10) hours or equivalent to one full-day of work where the employee has been assigned to train. Assistance provided to employees does not entitle the employee to training pay.
Training pay will be noted on the employee’s time card under “s pecial pay” and may require a “Personnel Action Form” to be subm itted, at the discretion of the City. The Supervisor/Manager of the department is responsible for approving the training pay for the employee. The employee shall not be paid training pay unless authorized in advance to do so by the department head, or appropriate authorized manager/supervisor.
ARTICLE 10, ADDITIONAL PAYS
To the extent permitted by Title 2 CCR Sections 571 and 571.1 a ny pays in this Article will be reported to CalPERS as special co mpensation. However, it is ul timately CalPERS who decides whether a pay is reportable as special compensation.
10.1 Educational Incentive Pay
Employees will be eligible to receive an additional five percent (5%) Educational Incentive Pay for a Master's Degree from a college or university recognized as accredited by either the Council for Higher Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”).
10.2 Certification Pay
The City agrees to provide two and one half percent (2.5%) certification pay for the following:
Certification Pay
Building Inspectors Intl Code Council (ICC) Building Inspector Code Compliance Officers CACEO
Code Compliance Officers Intl Code Council (ICC) Property Maintenance & Housing Dispatcher Supervisor Agency CLETS Coordinator – Maximum of one employee who is designated by City is entitled to this pay
Fleet Maintenance Technician
III & IV California Fire Mechanic
Fire Prevention Specialist In tl Code Council (ICC) Fire Inspector II Permit Center Technicians Intl C ode Council (ICC) related to position Plans Examiners Intl Code Council (ICC) related to position Public Work Inspectors American Construction Inspection Association (ACIA) related to position
Item 1H - 9
6 10.3 Notary Pay
Employees selected at the City Manager's discretion who have obtained and maintained the California Public Notary Commission through the California Secretary of State shall be entitled to premium pay of an additional five percent (5%) over their regul ar base salary for their services.
Any employees hired on or after February 6, 2019shall receive o ne hundred dollars ($100) per month for Notary Pay.
10.4 Bilingual Pay
Employees are eligible for Bilingual Pay as provided in this section. The City Manager shall determine the language needs as well as the number of employees eligible for Bilingual Pay. In order to be eligible for Bilingual Pay, an employee must pass a n examination (and as set forth below, must recertify) demonstrating fluency in listening, writing and speaking the desired second language.
Employees hired before February 6, 2019 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. Employees will be required to take both a speaking and listening and a writing bilingual proficiency ex amination. These employees shall receive two and one half percent (2.5%) for passing the sp eaking and listening portion of the bilingual proficiency exam and an additional two and one hal f percent (2.5%) for passing the writing portion of the bilingual proficiency exam for u p to a maximum of fiv e percent (5%) of ba se salary.
Employees hired on or after February 6, 2019 who become eligible for bilingual pay shall receive two hundred and fifty dollars ($250) per month for Bilingual Pay. Employees will be required to take both a speaking and listening and a writing bilingual prof iciency examination. Employees shall receive one hundred and twenty-five dollars ($125) per mo nth for passing the speaking and listening portion of the bilingual proficiency exam and an additional one hundred and twenty- five dollars ($125) per month for passing the writing portion o f the bilingual proficiency exam for up to a maximum of two hundred and fifty dollars ($250) per mon th.
The examinations shall be developed and administered by the Cit y to demonstrate fluency in writing, and speaking and listening the desired second language . All employees receiving bilingual pay must pass the presc ribed examination s for each sk ill (one for speaking and listening and the other for writing) every three years to continue to receive bilingual pay for each skill. The City will notify employees when they are required to re-test. An employee 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 employee may take a recertification examin ation after waiting at least three (3) mo nths after taking the recertification examination to which the employ ee did not pass. If the employe e does not pass that recertification examin ation, the employee shall not be permitte d to take the recertification examination for that s kill until their thre e-year cycle to rece rtify has passed. The City will notify employees when they are required to re-test.
If the employee passes one of the two examinations they shall receive the respective incentive pay (2.5% or $125 per month) for Bilingual Pay. If the employe e does not pass either or both of those subsequent recertificati on examinations, the employee shall not be permitted to take the recertification examination( s) for that skill until their three-year cycle to recertify has passed.
Item 1H - 10
7 The Human Resources Department will coordinate the recertificat ion examination for each employee receiving bilingual pay.
For any employees who receive Bilingual 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.
Sign language is included in the list of recognized languages.
ARTICLE 11, SUPPLEMENTAL INDUSTRIAL DISABILITY COMPENSATION PEAPS agrees that the City will pay the difference between benefits received from the Workers’ Compensation Act and full pay (base pay) not to exceed 90 working days. When Supplemental City Industrial Disability Compens ation (SCIDC) ends, the employee may make a request in writing to the Payroll Office for leave time to be used to supp lement the difference between the benefits received under the Workers’ Compensation Act and their regular pay.
Whenever an employee is disabled temporarily and is entitled to receive temporary disability indemnity benefit payments provided under the Workers’ Compensa tion Act, the employee shall receive SCIDC sufficient to pay to the employee a combined tota l amount equal to regular base pay for the period of temporary disability, but not to exceed a total period of ni nety (90) working days for any one injury or all combined injuries within one cal endar year. If an employee in this situation goes on a vacation while receiving SCIDC, the employe e must use vacation leave and SCIDC will stop during the vaca tion. The SCIDC will continue u pon the employee’s return from vacation.
ARTICLE 12, UNIFORM ALLOWANCE
City agrees to pay a monthly uniform allowance to each employee in the job classifications listed below, in the amounts indicated. For classifications who recei ve $85 per month, the uniform allowance is to compensate for both the acquisition and mainten ance of uniforms. For classifications who receive $30 per month, the uniform allowanc e is to compensate for maintenance of uniforms.
Uniform Allowance
Animal Services Officer $85.00 Po lice Records Technician $85.00 Building Inspector $30.00 Police Services Officer $85.00 Code Compliance Officer $30.00 Air port Operations Specialist $3 0.00 Community Services Officer $85.00 Police Services Supervisor $8 5.00 Crime Scene Technician $30.00 Property Technician $30.00 Fire Prevention Specialists $85.00 Public Works Inspectors $30. 00 Jail Transport Officers $85.00 Rangemaster $30.00
Plans Examiner II $30.00
Item 1H - 11
8 For employees who receive a uniform from the City, each departm ent will determine the appropriate number of uniforms necessary for each classification.
ARTICLE 13, TOOL REIMBURSEMENT
City agrees to reimburse employees for tools purchased to perform their job for employees in the Fleet Operations Division, the Facilities Maintenance Division, Maintenance Mechanics assigned to the Parks and Airport Maintenance Technicians. Employees mu st provide receipts for the purchased tools that must be re lated to the performance of thei r job. Employees in the Fleet Operations Division, the Facilit ies Maintenance Division, and M aintenance Mechanics assigned to the Parks may receive reimbursement up to fifteen hundred ($ 1,500) per calendar year.
Receipts for tool reimbursement must be submitted within the calendar year in which the tools are purchased. The reimbursement will be made through each employe e’s department accounts payable.
ARTICLE 14, MILEAGE REIMBURSEMENT
PEAPS and City agree that employees shall receive mileage reimb ursement in accordance with existing City policy, at the prevailing IRS rate. Where extens ive vehicle travel is required, a City vehicle may be provided instead.
Item 1H - 12
9 BENEFITS
ARTICLE 15, HEALTH AND WELFARE
15.1 Health Care Benefit – Medical, Dental and Vision
The City contracts with the Calif ornia Public Employees’ Retire ment System (CalPERS) for the provision of medical insurance in accordance with the provisions of the Public Employees’ Medical and Hospital Care Act (PEHMCA) per California Government Code s ection 22750 et seq. The medical care benefit that will be provided through a cafeteria plan in accordance with IRS Code section 125 and will include dental insurance and vision insura nce as has been provided in the past.
15.2 City Health Care Benefit Contribution
The parties have agreed to a maximum City contribution for Single Party, Two-Party, and Family coverage for the combined benefits of health, dental, and vision insurance as follows:
For 2021 the Health Care Benefit Amount will be as shown in the table below:
Category Maximum Contribution
Employee Only $807/month
Employee + 1 $1,542/month
Family $2,106/month
For 2022 the Health Care Benefit Amount will be as shown in the table below:
Category Maximum Contribution
Employee Only $840/month
Employee + 1 $1,608/month
Family $2,195/month
The City will modify the employer contribution by a percentage (up to a maximum of five percent (5%)) for each benefit (medical, dental and vision) at each tier – single, two-party and family. Under no circumstances, can the City contribution received increase for each benefit by more than five percent (5%). For medical insurance the modification will be determined by evaluating the average of the modifications (increases or decreases) for all employee enrolled plans provided by CalPERS in the prior calendar year. Thus, if CalPERS adds a new Plan ( or deletes a Plan so that it is not offered in the following year, or no one is enrolled) it will not be considered in the modification for medical insurance in the calendar year it is added or deleted. The amount provided by the City for medical insurance provided through CalPERS includes the CalPERS statutory minimum, which, for 2021, is $143 and for subsequent years is still undetermined.
For dental and vision insurance, the modification will be deter mined in the same manner as the medical plans by the modification (increase or decrease) to the currently provided dental and vision insurance. The amounts for dental and vision insurance cannot increase by more than five Item 1H - 13
10 percent (5%) for each regardless of whether these benefits incr ease in cost by more than five percent (5%). For dental and vision Insurance, the plans may change during the term of the MOU, but the benefits will be equivalent if they do.
The Association acknowledges t hat the City’s agreement to pay u p to five percent (5%) of the increases for health, dental and vision insurance is a valuable benefit. The Association agrees that each year, once the increas e in the costs 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 bas ed on the then current number of employees in the bargaining unit. The City will then inform th e 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 calendar year. The City will consider these increased costs in evaluating its positions in collective bargaining.
15.2.1 Employees Who Opt Out of t he Health Care Benefit Contribution Or Who Choose a Plan Which Does Not Require The City To Make the Maximum Contribution Employees 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 (24 pay periods per year).
Pursuant to the Affordable Care Act (ACA) Employer Mandate “aff ordability” determination, an Eligible Opt-Out Arr angement requires the following for employe es who opt-out of employer- provided health coverage and receive cash in lieu:
1. Employee must provide reasonable evidence that the employee and each member of the employee’s expect ed tax family (individuals the e mployee expects to claim personal exemption deduction) have or will have minimu m essential coverage (other than coverage in the individual market, whether or not obtained through Covered California) during the period of coverage to wh ich the opt-out arrangement applies;
2. The opt-out payment may not be made if the employer knows or has reason to know that the employee or any o ther member of the employee’s expected tax family does not have or will not have the alternative coverage;
3. The evidence of alternative coverage must be provided every plan year to which the eligible opt-out arrangement applies; and
4. 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.
In the event an employee selects a health, dental and/or vision plan which in total does not require the City to make a maximum total contribution, the employee sha ll receive the remainder of the City total contribution (up to the maximum of $100 (as taxable wages) per pay period). In no event shall a positive balance exceed $100 per pay period or two hund red dollars per month (24 pay periods per year).
Item 1H - 14
11 15.2.2 Domestic Partner Coverage
The City will follow the CalPER S domestic partner requirements. Domestic partners will only be eligible for coverage as a dependent on the employee’s health insurance if the employee and their domestic partner officially registered their domestic partnership with the State of California in accordance with California Family Code section 297 et seq.
15.3 Life Insurance and Accident al Death and Dismemberment Insurance The City agrees to provide term life insurance coverage of Fift y Thousand Dollars ($50,000) for each employee. The City also agrees to provide Fifty Thousand Dollars $50,000 accidental death and dismemberment (AD&D) coverage for each employee.
15.4 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. There is a fourteen (14) day waiting period for the benefit.
15.5 Long Term Disability
The City agrees to provide long-term disability insurance coverage through any carrier of its choice as long as coverage remains the same or greater. If the City changes carriers it will let the PEAPS know and PEAPS has the right to negotiate over any identified effects of the decision.
ARTICLE 16, HEALTH INSURANCE FOR RETIREES
16.1 Retiree Health In surance Benefits
Retiree medical insurance is provided through CalPERS pursuant to PEMHCA.
The City has two tiers (including three qualifying levels within Tier I) for the pr ovision of retiree medical insurance., The provision of retiree medical insurance is provided by providing all retired annuitants (i.e., retirees under PEMHCA) a benefit equal to that received by covered employees (the CalPERS statutory minimum).
For employees, (as addressed above in Article 15) the provision of additional money for medical insurance (i.e., in addition to the statutory minimum) is provi ded 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 insu rance will be provided pursuant t o a Health Reimbursement Account (HRA) which has been established by the City through a third party vendor who administers the Account. The employees pay for their chosen retiree medical insurance through a deduction from their retirement payment from CalPERS. The third party vendor then disburses 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 D ecember 7, 2005 And Who Have At Least 25 Years of Continuous Service With the City:
Item 1H - 15
12 These individuals will receive 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 single party coverage) as described above under the provision of retiree medical insurance (i.e., the employee’s maximum benefit is tied to the plan chosen by the employee at the time the employee leaves active service unless the employee 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 statuto ry minimum amount. If an employ ee chooses a more costly plan as a retiree, they will have additional out-of-pocket medical expenses.
If an employee chooses a more costly health plan prior to retir ement, 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 D ecember 7, 2005 And Who Have At Least 20 Years Of Continuous Service With the City:
These individuals will receive a dollar amount through the HRA which will equal seventy- five percent (75%) of the City’s contribution for medical insurance up to two-party coverage (i.e., a single party will only be provided single party covera ge) as described above under the provision of retiree medical insurance (i.e., the employee’s maximum benefit is tied to the plan at the time the employee leaves active service unless the employee 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 e mployees minus the particular calendar year’s CalPERS statutory minimum amount. If an employee chooses a more costly plan as a retiree, they will have additional out-of-pocket medical expenses.
If an employee chooses a more costly health plan prior to retir ement, 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 D ecember 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 statutory minimum amount towards their chos en retiree medical benefit.
1. Service Credit for Health Insu rance For Retirees in Tier 1
Employees in Tier 1 shall be elig ible for two years of service credit for the purpose of being eligible for retiree heal th insurance (e.g., an employ ee with 18 years of continuous service will be eligible for the benefits available to those with 20 years of continuous service) if in the m onth of June (starting in 2019) the employee 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.
Item 1H - 16
13 D. Tier II – Employees First Hired on December 7, 2005 Or Later:
In addition to being provided the CalPERS statutory minimum for retiree medical insurance once retiring, these individuals, while employed, will receive one-hundred dollars ($100.00) per month (placed into a retiree health 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.
ARTICLE 17, RETIREMENT
17.1 Retirement Plan Retirement Formula
Employees (and not “new members as defined by the Public Employees’ 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’ Re tirement Law at Government Code section 21354.5. These employees’ retirement will be calculated pursuant to the option al benefit (in the City’s contract with CalPERS) of single highest twelve month period.
Employees (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired after December 24, 2012 are covered by the 2% @ 60 formula provided for by the Public Employees’ Retirement Law at Government Code sect ion 21353.3. These employees’ retirement will be calculated per the three year ave rage final compensation per Government Code 20037.
Employees who are defined as “new members” under the PEPRA, are covered by the 2% @ 62 formula provided for by the PEPRA at Government Code section 7522.20(a). These employees’ retirement will be calculated per the three year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).
17.2 Employee Contributions to the Retirement System
A. Employees subject to the 2.7% @ 55 Formula:
These employees shall pay their eight percent (8%) member contribution.
A. Employees subject to the 2% @ 60 Formula:
Employees subject to this formula pay the entire seven percent (7%) of compensation earnable towards the required CalPERS member contribution.
B. Employees subject to the 2% @ 62 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 their annual valuation.
17.3 Adoption of IRS Code Sect ion 414(h) (2) Resolution Item 1H - 17
14 The City has adopted the CalPERS resolution in accordance with and as permitted by IRS Code section 414(h)(2) to ensure t hat the employees’ payment (i.e., “pick up” as that term is used in section 414(h)(2)) of their employee contribution is made on a pre-tax basis.
17.4 Optional Benefits
The City contracts with CalPERS for the following optional benefits:
A. Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551
B. Death Benefit – Govern ment Code section 21620
C. Post Retirement Survivor Allowance – Government Code sections 21624/26/28 and 21635
D. 1959 Survivor Benefit Level 4– Government Code section 21574 . Employees pay the employee premium for this benefit.
E. Military Reallocation Credi t - Government Code section 21024
F. Final Compensation Period One Year - Government Code section 20042 for classic members
G. 2% Cost of Living Allowance - Government Code section 21329
H. Prior Service - Gove rnment Code section 20055
ARTICLE 18, EDUCATIONAL REIMBURSEMENT
No employee shall receive, more than $1,500/fiscal year through the Educational Reimbursement Program. The details of the Program are set forth in Personnel Rule 18.2.
ARTICLE 19, SAFETY SHOES
The City shall provide safety shoes (with a reimbursement up to $150.00 (plus sales tax) per pair of shoes) to those positions that meet the general industry sta ndard – (the current ATSM Standard) to those positions necessitating safety footwear prot ection. Employees are to wear these safety shoes at all times while performing usual and customary duties and failure to do so shall subject employees to potential disciplinary action. To receive the reimbursement, employees must demonstrate to their supervisor that the shoes they wish t o replace need to be replaced.
Typically, reimbursements are pr ovided once per year, and addit ional requests for reimbursements must be approved by the department head or designee.
Item 1H - 18
15 WORK HOURS/LEAVE
ARTICLE 20, HOURS OF WORK, NORMAL WORK WEEK, AND SHIFT DIFFERENTIAL All employees shall be assigned to work a 4/10 work schedule; four consecutive workdays followed by three consecut ive days off, with the f ollowing exception: em ployees in the classification of Dispatcher who work either a 3/12 or 4/10 work schedule. City Hall will remain closed on Fridays.
If an employee in Recreation or t he Library is working a 4/10 s chedule and the City desires to change the work schedule to a 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.
Pursuant to the Fair Labor Standar ds Act (FLSA), employees shal l have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven 24 hour periods) which can begin and end on any day of the week and at any time of the day . The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA.
If an employee requests to flex their schedule within a workweek (e.g., if the employee works two (2) additional hours on a Monday, requests to work two (2) hours less on a Wednesday of that same week) the employee’s super visor can approve such a request as long as the request is made in advance of the time the employee will flex.
20.1 Work Week
The normal work week for full-time employees is forty (40) hours during the seven (7) day FLSA workweek starting 12:01 a.m. Sunday and ending 12:00 midnight of the following Saturday.
20.2 Shift Differential Pay
All employees regularly scheduled to work a shift that begins on or after 8:00 p.m. or prior to 5:00 a.m. will receive an additional 5% as shift differential pay. Shift differential applies when an employee covers for an employee on a scheduled shift which begins on or after 8:00 p.m. or prior to 5:00 a.m.
20.3 Airport Minimum Staffing
For all shifts at the airport t here must be two Operations Spec ialists on duty at all times. The approval of advanced requests for leave will take into consider ation this minimum staffing agreement. While requests to use accrued leaves will be accommodated to grant them when the employee wants to use leave, this minimum staffing agreement mu st be satisfied to ensure the safety of the airport.
If the Executive Director of the Palm Springs International Airport desires to change an employee’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 21, ATTENDANCE AND LEAVE
21.1 General Leave Definition
Item 1H - 19
16 General leave is any approved absence with pay from regularly scheduled work for any purpose.
General leave shall substitute for either vacation or sick leave.
21.2 General Leave for Employees Who Are Re-employed Within Two Years Employees who are reemployed wit hin two years due to a separat ion or layoff shall receive service credit for the most recent leave commencing with the effective date of reemployment at the accrual rate they were receiving at the time of separation or layoff.
21.3 General Leave General Provisions
General leave must be approved by the department head. General leave shall be paid at the member's straight time hourly rate of pay and the employee shall still receive the additional pays they receive while in paid status. Employees may use General leave once it is earned.
21.4 Maximum Accrual and Minimum Use
Employees shall be able to accrue up to a maximum of five hundr ed forty (540) hours. The City will expedite leave requests submitted by employees who are at their maximum accrual.
Department heads are responsible for planning work schedules to allow each employee to take at least forty (40) consecutive hours of General Leave each calendar year if they request. Approval of general leave shall not be unreasonably withheld.
21.5 Accrual Rates
General leave shall accrue and vest on the basis of the following schedule:
Years Of Service Hours Accrued & Vested For Each
Full Month Worked
0 through 3 12
4 through 7 14
8 through 10 16
11 through 14 18
15 through 17 20
18 and over 20.67
21.6 Notification of Supervisor
Employees are responsible for notifying their supervisor as ear ly as possible prior to the start of a shift of any unplanned or non pre-approved absence or tardine ss. Such notification must be provided directly to the super visor or department designee. A text message or email will be sufficient notification if t he department approves that method of communication for use of unplanned or non pre-approved absenc e or tardiness. In order t o receive compensation while absent on general leave, the employee must comply with the noti fication requirements of that department and complete a leave request form upon return to work.
21.7 General Leave Cash-Out
By December 15 of each year, employees may make an irrevocable election to cash out up to the Item 1H - 20
17 maximum number of hours of general leave which they can accrue per year which will be earned in the following calendar year at the employee’s base rate of p ay. In the following year, the employee can receive the cash for the annual leave 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 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 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 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 employee’s general leave balance is less than the amount the em ployee elected to cash out (in the prior calendar year) the employee will receive cash for the amount of leave the employee has accrued at the time of the cash out.
If an employee makes an irrevocable election to cash out general leave in the following calendar year and uses general leave in that subsequent year, the general leave used will come from general leave the employee had earned prior to January 1 of the year the employee has elected to cash out general leave. This is to ensure that assuming an employee had a general leave balance prior to January 1, the general leave used will not res ult in a reduction in the amount of general leave the employee will be eligible to cash out.
21.8 Disposition of Accrued and Vested General Leave Bank upon Termination Upon termination, all unpaid accr ued and vested general leave w ill be paid at the employee's current salary rate. All unpaid accrued and vested general leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law.
ARTICLE 22, HOLIDAYS
22.1 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
Item 1H - 21
18 Day after Thanksgiving Day after Fourth Thursday in November Christmas Eve December 24
Christmas Day December 25
In addition, as addressed in Section 22.4, employees earn one floating holiday per year.
22.2 Hours Earned For Each Holiday
Employees regularly scheduled to w ork ten (10) hours per day ea r n t e n ( 1 0 ) h o u r s f o r e a c h holiday.
Employees regularly scheduled to work eight (8) hours per day earn eight (8) hours for each holiday. These employees will also accrue two (2) hours of General Leave (for a total of twenty- four (24) hours per calendar year) for each holiday including when the floating holiday us used.
Employees regularly scheduled to w ork twelve (12) hours per day earn ten (10) hours for each holiday and must use either two (2) hours of General Leave, two (2) hours of compensatory time off each holiday to receive their full pay for the holiday or may take the two (2) hours without pay.
Employees must write on their timesheet which of the preceding options they want. If they do not do so, two (2) hours will be deducted from General Leave.
22.3 How City Holidays Are Observed By Employees
Employees either work the “Observed Schedule” (full-time employees who work in the same work group Monday through Thursday), or the “Calendar Schedule” (all other employee schedules).
The City shall determine whether an employee works either the Observed or Calendar schedule.
22.3.1 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 leave for t he entire day on such workdays).
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 Year’s Day fall on a Sunday, the holiday will be observed as a day off on the following Monday.
22.3.2 Employees who work the Calendar Schedule
For employees who work the Calendar Schedule, all holidays occur on the actual date of Item 1H - 22
19 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 per Article 22.2 if they were in pai d 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).
If the holiday occurs on an off day, these employees have the option of placing the holiday into their floating holiday bank, general leave bank, or may choose to receive straight-time pay for that holiday.
For employees who are required to work on a holiday occurring on a regular workday, they shall receive their holiday pay as well as time and one half for each hour worked.
22.4 Floating Holidays
In addition to the above holidays, all employees shall receive an 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 ban k. If an employee has 50 hours of floating holiday leave earned they will not earn additional 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 fl oating holiday will accrue unti l the employee uses floating holiday leave, thus reducing their floating 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 wil l accrue those number of hours in the bank to bring the bank up to 50 hours. Employees must requ est to use the floating holiday just like they would request to use general leave. Approval of floating holiday leave shall not be unreasonably withheld.
22.5 Holidays While on General Leave
If a holiday falls within an approved general leave, the employ ee shall be paid for that day as a holiday and the employee’s general leave shall not be reduced for that day. An employee who is regularly scheduled to work less than 40 hours per week shall receive a pro-rated number of hours of holiday leave.
ARTICLE 23, BEREAVEMENT LEAVE
Employees shall be granted three (3) scheduled workdays in the event of a death in the "immediate family" of an employee, regardless of travel requirements.
23.1 Immediate Family
“Immediate family” shall be defined as any relative by blood or marriage who is a member of the employee’s household, domestic partner or any parent, grandparent, step-parent, spouse, child, step-child, grandchild, sibling, of the employee, or any parent , grandparent, step-parent of the employee’s spouse regardless of residence.
Item 1H - 23
20 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 24, REASONABLE DRESS POLICIES
PEAPS agrees that is in both the City’s and employees’ best interest that employees are dressed professionally for the particula r work they perform. PEAPS agr ees that Department Heads can develop reasonable professional dress standards that may includ e a uniform for each of their departments. However, before any dress policies may be impleme nted, the City agrees that it will provide the proposed policy to PEAPS for its review and input.
24.1 Police Department Uniform Policies
PEAPS agrees that the Uniform Regul ations, Specification Section, of the Police Department Manual shall apply to employees to extent that provisions do not conflict with this MOU or the City's personnel rules.
ARTICLE 25, CELLULAR PHONE POLICY
If the City Manager determines that an employee is eligible to receive a City cell phone, the employee shall be issued a City cell phone at the City’s expense.
ARTICLE 26, COMMERCIAL LICENSE REQUIREMENT
Certain positions as identified in the job descriptions for sha ll require possession of a commercial driver's license with a “P” endorsement. For curren t employees promoted into positions requiring the endorseme nt, they shall have six (6) mo nths to obtain the required endorsement. Failure to obtain the required endorsement shall subject the employee to disciplinary action.
ARTICLE 27, CHANGE OF PAY PERIOD ENDING DATE
In the event that all units agree to a change in the pay period s PEAPS agrees to the change, as long as there is no loss of pay due to a changeover. PEAPS also agrees that should the City advance any pay, the amount of advance will be deducted fr om the employee's last paycheck.
ARTICLE 28, PEAPS RIGHTS AND RESPONSIBILITIES
A. Board Meetings
PEAPS may conduct Board Meetings once a month during the weekda y, not to exceed two (2) hours (meeting to include lunch break).
B. PEAPS Stewards
The City will provide a bank of o ne hundred twenty (120) hours per year to be allocated by PEAPS among the stewards on the PEAPS Board of Ste wards to carry out stewards' functions under this MOU. A steward who intends to us e any part of the hours bank shall obtain the prior permission of the supervisor as wel l as the PEAPS Board Item 1H - 24
21 and such permission shall not be unreasonably withheld. The PE APS President shall be personally responsible for notifying the City's Human Resour ces Department of the use of such hours. The use of the banked time must be approved by the employee’s immediate supervisor and the City agrees that the use of the ti me will not be unreasonably denied. PEAPS agrees that it will provide a state ment at the City’s request at least twice a year regarding the use of such time. The statement will be provided within one cale ndar week of the request.
C. Voluntary PAC Contributions
PEAPS members may voluntarily authorize recurrent contributions to the PEAPS Political Action Committee (PAC) by completing and submitting the deduction information on a form furnished by the PEAPS. The City will have the contribution deducted from the employee’s paycheck and forward the contribution to the PEAPS.
D. PEAPS Leave Bank
In addition to the bank of Stewards hours set forth in Article 28(A) above, in the second pay period of January (starting in 2023 – for 2022 this will occur in the second pay period following Council approval of this 2021-23 MOU) the City will deduct two (2) hours from the vacation bank of each unit member with at least two (2) hours of accrued vacation.
These hours will be placed in a separate bank to be used as directed by the Association’s Board for use by Association Officers or members. The Associat ion 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 superviso r and notated on each employee’s time card. The City agrees that the use of the time will not be unreasonably denied.
These hours will not carry over into the next calendar year. If any of the hours in the bank have not been used by the time the two-hour deduction will occur in January, no hours will be deducted until the remaining hours have been used. Once all hours have been used, the two vacation hours (per unit member) will be deducted and placed into the bank in the next pay period.
E. PEAPS Informational Bulletin Boards
1. Space shall be provided on City bulletin boards at their pre sent locations for PEAPS posting of notices and bulletins of the following types:
a. Notices of PEAPS recreational, s ocial affairs, and related PEAPS business news;
b. Notices of PEAPS elections and such pertinent campaign material as is appropriate under PEAPS policy;
c. Notices of PEAPS appointment s and results of PEAPS elections;
d. Notices of PEAPS meetings;
Item 1H - 25
22 e. PEAPS constitution, by-laws , and proposed amendments thereto; and
f. Such other notices as may be mutually agreed upon by the PEAPS and the Director of Human Resources.
2. The City will provide either space on existing bulletin boar ds or will provide space to put up a bulletin in the followin g facilities: the Airport, City Hall, Demuth Community Center, James O. Jessie Desert Hi ghland Unity Center; Leisure Center, Library, Police Department, and City Yard which will be clearly marked a s space available for Public Employees Association of Palm Springs or up to a 4 foot by 4 foot board in the area of the existing boards. T he location and size will be mut ually agreed upon by the department head and PEAPS.
3. The material posted on a bulletin board is neither official City business nor endorsed by the City and must not contain anything that would identify it as such. PEAPS shall not knowingly post any false or misleading statement. In addition, no obscene or personal attacks on City management or other persons shall be placed on any bulletin board. In the event such material is poste d, the City representative will so inform the PEAPS representative, stating the basis for the objection, and such material shall be removed from the bulletin board immediately.
ARTICLE 29, QUARTERLY MEETINGS
Employees may attend up to four PEAPS meetings per fiscal year (once a quarter) from 11:30 a.m. -1:30 p.m. which shall include their lunch period. Employees are required to inform their supervisors of such meetings in advance. Supervisors have discretion to deny attendance to ensure that work locations are adequately covered if necessary. However, that discretion will be exercised reasonably.
ARTICLE 30, GRIEVANCE PROCEDURE
30.1 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 enforcement of the provisions of the MOU, or of the Personnel Rules and Regulations that are within the statutory scope of representation, and for which th ere is no specific method of re view provided by federal, State or local law. A grievance may also be filed by the Association.
B. A grievance is also a claim by an employee that a letter of reprimand was issued to them without legitimate cause.
C. Reviews of allocations or reallocations of positions as described Personnel Rule 4.3.3 or reviews of examination ratings as described Personnel Rule 7.7 are excluded from the grievance procedure. Allegations of harassment, discriminatio n or retaliation are also excluded from the grievance procedure as they are addressed by a separate procedure.
D. Release or lay-off of employees during an initial probationa ry period after hire, reinstatement, or reemployment is not subject to the grievance procedure.
Item 1H - 26
23 30.2 Time Limits and Waivers
A. Working Days - For purposes of the Grievance Procedure, “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 - An employee must initiate the grievance within fifteen (15) working days of the occurrence of the event giving rise to the grievance or within fifteen (15) working days after the grievant should, with reasona ble diligence, have had knowle dge of such occurrence, whichever is later.
C. Management Reply - Failure by management to reply to the emp loyee's grievance within the time limits specified under t he grievance procedure shall a utomatically grant the employee the right to process the grievance to the next level of review.
D. Failure to Submit to Next Level - If an employee fails to su bmit from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall not be subject to further consideration 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 ext ended by mutual agreement between the employee and management, which must be confirmed in writing.
30.3 Informal Resolution
A. The responsibility of an employ ee with a grievance is to pro mptly inform and discuss the grievance with the department supervisor or designee in order t o, 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 30.4 with a supervisor who works in the d epartment to which the grievance relates.
B. If such informal discussion does not resolve the grievance t o the employee’s satisfaction, such employee may file a formal grievance in accordance with th e procedure set forth in this section.
30.4 Procedure
A. The employee shall submit the grievance in writing, with signature and date, and submit it to their immediate supervisor within fifteen (15) working days of the initial commencement of the occurrence being grieved. The supervisor shall further c onsider and discuss the grievance with the employee and such employee’s designated repr esentative as deemed appropriate, and shall, within fifteen (15) working days of hav ing received the written grievance, submit a response ther eto in writing to the employee and the employee’s representative, if applicable.
B. If the written response of t he immediate supervisor does not result in a resolution of the grievance, the employee may further submit the grievance, by presenting a written request, with date and signature, to the employee’s department head within seven (7) working days Item 1H - 27
24 of the employee’s receipt of t he supervisor’s response. The dep artment head may investigate the grievance and m ay set a meeting with the employ ee, employee’s designated representative, and other persons as deemed appropri ate to consider the grievance. Within thirty (30) working 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 representative, if applicable.
C. If the response by the departm ent director, does not result in a resolution of the grievance, the employee may further submit the grievance, by presenting a written request, with date and signature to the Human Resources Director, for submission to the City Manager, within seven (7) working days of the employee’s receipt of the department head’s response. The City Manager or designated represent ative, may set a meeting wi th the employee, employee’s designated representat ive, and other persons as deem ed appropriate, to consider the grievance. Within thirty (30) working days of receipt of the grievance the City Manager or designated representativ e shall submit a response to the employee and employee’s representative, if applicable. The decision of the City Manager is final and binding.
D. Other than remedies provided by law, this grievance procedur e is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or Personnel Rules.
ARTICLE 31, 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 only be s ubjected 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 th e 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, an employee may submit a written respons e within 30 calendar days of receipt of any such documents. The employee’s response shall be attached to the document in the employee’s personnel file.
A. Pre-Action Due Process for Discipline Resulting in Loss of P ay (Termination, Demotion, Suspension, Reduction in Pay)
1. Prior to being subject to any discipline that results in the loss of pay, an employee will first be served with a notice of intent to discipline by their supervisor, manager or department head. This document will set forth the grounds for discipline, the facts supporting the grounds and all evidence to which the employee is entitled by law. The notice of intent to discipline will also advise the employee 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 employee of their right to respond to the proposed discipline either in writ ing
or orally at a meeting. If the employee does not
Item 1H - 28
25 respond within the time limits, the discipline will be imposed.
2. If the employee chooses to respond in writing, they must ins ure their response is received by the representative who issued the notice of intent to discipline within seven (7) calendar days of receiving the notice of intent to discipline. If the employee 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 represent ative that they wish to have an oral response. The City representative will advise the employee when the meeting ( known as a “ Skelly process”) will take place.
3. During the Skelly process (assuming the employee wants to re spond orally) the employee has the right to be repr esented by a representative of their choice.
Participating in a Skelly process is an option to the employee who is the subject of discipline. The employee may waive the Skelly process and proceed with their appeal.
It is an opportunity for the employee and/or their representative to respond to the notice of intent to discipline.
4. The City representative who will hear the response may not be the person who issued the notice of intent to discipl ine. The decision will either b e to impose the proposed discipline, impose no discipline or to impose a lesser discipline. The City representative hearing the response shall not have authority to impose discipline that is greater than that which was originally proposed.
5. If the discipline is imposed or if it is recommended to be r educed but there is still some discipline imposed, the City sha ll issue a notice of said disci pline. Like the notice of intent, the notice of discipli ne shall set forth the grounds, a nd facts supporting the discipline as well as any prior discipline relied on by the City representative in imposing the discipline. The notice of di scipline will also set forth t he employee’s appeal rights advising the employee that if t hey wish to appeal the disciplin e, 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.
B. Appeals Procedure
1. If an appeal of a dismissal, s uspension, demotion or reduction in salary is filed with the Director of Human Resources withi n ten (10) days of receipt of a written notice of discipline, a hearing officer shall hear the appeal.
2. The City and the employee or their representative may agree on the hearing officer. If they cannot agree, the hearing officer shall be chosen from a panel of seven (7) hearing officers from a list provided State Mediation and Conciliation Service. The parties shall alternately strike names until one hearing officer remains. Th e 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 submit an advisory decision settin g forth their findings, Item 1H - 29
26 conclusions, and recommendations to the City Council.
C. Hearings
1. The hearing shall commence no m ore than ninety (90) days fro m the date of the filing of the appeal provided that the parties may agree to a longer period to commence the hearing.
2. All disciplinary hearings sha ll 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 conducted in accordance with technic al rules relating to evidence and witnesses. Any rele vant evidence shall be admitte d 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 statu tory rule, which might make improper admission of such evidence over objection in civi l actions. Hearsay evidence may be used for the pur pose of supplementing or explai n i n g a n y d i r e c t evidence but shall not be sufficient in itself to support a fin ding 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 o r hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence.
4. Each party shall have these rights: 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 witness regardless of which party first called him/her to testify; and to rebut the evid ence against him/her. If the employee appealing the discipline does not testify on her/his own behalf, they may be called and examined as if under cross-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 paid for by the City. However, if the employee wants to order a transcript it will be at their cost.
The cost of the hearing officer will be paid for by the City.
5. The hearing shall proceed in the followin g order, unless the hearing otherwise directs:
a. Opening statements shall be permitted with the City proceeding first.
b. The City shall proceed firs t in the hearing. If witnesses are called, the opposing party shall have the right to cross-examine the witnesses 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 rea son permits them to offer evidence upon their original
case.
d. Closing arguments and writt en briefs shall be permitted.
e. The hearing officer shall determine the relevancy, weight, and credibility of testimony Item 1H - 30
27 and evidence. They shall base their findings on the prepondera nce of evidence.
During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless t he hearing officer, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason they believe 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 recommendations shall be filed with the Director of Human Resources, who will forward them to the City Council. The City Council, in its sole discretion, may hear limited oral argument s and/or request written statements from either party on the hearing officer’s advisory decision. The City Council shall inform the employee appealing their discipline of its decision regarding the appeal within thirty (30) days of the receipt of the hearing officer's report. However, the City Council may extend the time to issue its decision beyond the th irty (30) day period if it believes it is necessary. The decision of the City Council regarding 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 Counc il's decision, including the hearing officer's report shall be filed where appropriate, including the employee'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.
7. Subpoenas and subpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) days pri or to the commencement of the hearing; after commencemen t, subpoenas shall be issued o nly 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 their representative an d the representative for the City.
ARTICLE 32, NO STRIKES, WORK STOPPAGES OR LOCKOUTS
In consideration of the mutual desire of the parties to promote and ensure harmonious relations, the City agrees that there shall be no lockout or the equivalent of employees, and PEAPS and the employees agree that there shall be no strike or other concerted action resulting in the withholding of service by the employees duri ng the term of this MOU. In the event of a work action by the employees, PEAPS shall direct the employees to return to work. It is mutually understood and agreed that the City has the absolute right to impose discipline and, in that regard, shall have the right to take disciplinary action, including discharge, against any employee who participates in any manner in any strike or slowdown, withholding of services, picketing in support of a strike or other concerted action while scheduled to work.
The curtailing of operations by the City in whole or part for operational or economic reasons shall not be construed as a lockout. If the City does not have work for an employee due to the nature of the job (e.g., Cogen employees and those who work at the pool when the pool is closed) such employees will be assigned to perform other tasks within their abilities and they must perform the
assigned work to be paid.
Item 1H - 31
28 The provisions of this subsection shall not detract in any way from any restrictions imposed by law on strikes and other types of work stoppages by public employees.
ARTICLE 33, CONTINUANCE OF MEMBERSHIP
All employees who are members of PEAPS shall continue and maint ain their membership in PEAPS for the duration of this MOU, except that any employee who is or becomes a member of PEAPS may, during the period of June 16 through June 30, 2018, withdraw their membership in PEAPS by notifying the City an d PEAPS in writing of such withdr awal and that after such withdrawal said employee will no longer be required to remain a member of PEAPS.
PEAPS agrees to enforce this pr ovision and to indemnify, defend, and hold the City of Palm Springs, and its employees harmless from any claims, demands, expenses, losses, liabilities, and/or damages arising from the oper ation of this Section. Prov ided further, however, that the City reserves the right to file suit in the Superior Court of the State of California for Riverside County for the purpose of seeking declaratory relief as to whether or not this Section is legal and valid under the laws of the Stat e of California, and if said Se ction is declared invalid or unlawful, it shall be of no force nor effect.
Item 1H - 32
29 APPENDIX A – DRUG AND ALCOHOL POLICY
The parties have a vital mutual interest in maintaining safe, h ealthful and efficient working conditions. Being 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 to co-workers and th e citizens of Palm Springs. The possession, use or sale of an illegal drug, marijuana or of alc ohol on the job also poses unacceptable risks for safe, healthful and efficient operations . "On the job" means while on City premises, at work locations, or while on duty or being compensated on an "standby".
PEAPS, City, and employees recognize that their future is depen dent on the physical and psychological well-being of all employees. PEAPS, City, and em ployees mutually acknowledge that a drug and alcohol-free wo rk environment benefits employees and citizens and agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place.
The purpose of this article is to define the City's drug and al cohol policy as well as the possible consequences of 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 an employee to submit to a substance screening. The employee will be given the option to select a blood test or 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 o f 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 their job safely is reduced.
Section 3
Any manager or supervisor requesting that an employee submit to a substance screening shall document in writing the facts c onstituting reasonable suspicion and shall give the employee a copy. This report must advise the employee of their right to r epresentation. Such member shall be given an opportunity to prov ide additional facts. An employ ee 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 representativ e must be available within th irty (30) minutes or the employee will then be ordered to submit to a substance screening.
Any employee who refuses to submit 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, shall transport the suspected employee to the testing facility. Testing shall occur on City time and be paid for by the City. The facil ity used for testing shall be certified Item 1H - 33
30 by the National Institute of Drug Abuse and comply with establi shed guidelines for “chain of custody” to insure that identity and integrity 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 employee who tests positive on a confirmatory test will be give n the opportunity to discuss the results with a physician. The employee should be prepared at that time to show proof of any valid medical prescription for any det ected substance or to otherwise explain, if they so choose, a positive test result.
Section 6
While use of medically prescri bed 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 drugs which are clearly marked that they may cause significant drowsiness or impair an employee’s performance. Such member shall notify their supervisor, before beginning work, when taking such medic ations or drugs. In the event there is a question regarding such member's ability to safely and effectively perform assigned duties 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 employee home on sick leave under these circumstances.
Section 7
Employees with substance abuse problems are encouraged to participate voluntarily in the City- sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with complete conf identiality and without adverse c onsequences to their employment. Employees should be aware, however, that a request for assistance through the EAP will not insulate such employee from disciplinary action already contemplated.
Depending upon the facts surroundi ng the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, City will refer such employee to the EAP. Such referral shall be made ava ilable to the employee as an alternative to disciplinary action. Referral would be subject to agreement by the employee to enroll, participate in and successfully complete rehabilitation and/or counseling program and other terms and conditions in a "Last Chance Agreement".
Item 1H - 34
31 APPENDIX B – Represented Classifications
Account Clerk I
Account Clerk II
Account Specialist I
Account Specialist II
Airport Operations Aide
Airport Operations Specialist I
Airport Operations Specialist II
Animal Services Officer
Building Inspector
Clerical Assistant
Code Compliance Officer
Cogeneration Technician
Cogeneration Technician, Senior
Community Outreach & Media Specialist
Community Service Officer
Crime Analyst
Crime Scene Technician
Dispatcher
Executive Services Assistant
Fire Prevention Specialist
Fleet Maintenance Technician II
Fleet Maintenance Technician III
Fleet Maintenance Technician III/Service Writer
Housing Program Assistant
Human Resources Technician
Industrial Technician
Information Technology Technician
Jail Transport Officer
Library Assistant
Library Assistant, Senior
Library Page
Lifeguard
Lifeguard, Lead
Maintenance Electrician
Maintenance Electrician (HVAC)
Maintenance Mechanic I
Maintenance Mechanic, Senior
Maintenance Technician I
Maintenance Technician II
Maintenance Technician, Senior
Maintenance Worker I
Item 1H - 35
32 Maintenance Worker, Lead
Parts & Office Assistant
Parts Specialist
Permit Center Technician
Planning Technician
Plans Examiner
Plans Examiner II
Police Records Technician
Police Services Officer
Police Trainee
Professional Standards Coordinator
Program Coordinator
Property Technician
Public Works Inspector
Rangemaster
Recreation Program Aide
Recreation Program Assistant
Secretary
Secretary, Senior
Street/Traffic Maintenance Worker
Street/Traffic Maintenance Worker, Lead
Street/Traffic Maint. Worker/Senior Heavy Equipment Operator
Item 1H - 36
TELECOMMUTING POLICY
PURPOSE
The purpose of the Telecommuting Policy is to allow City of Palm Springs (“City”) employees to work at an alternate worksite for a part of their regular workweek. Telecommuting can improve productivity and job performance as well as promote administrative efficiencies (e.g. reducing office and parking space), reduce traffic congestion and transportation costs, support continuity of operations, and sustain the recruitment and retention of a highly qualified workforce by enhancing work/life balance through commute reduction.
DEFINITIONS
Alternate Worksite - An approved location(s), other than the employee's regular workplace, where official City business is performed. The default Alternate Worksite is the employee’s home, unless authorized by the employee’s Department Director.
Regular Workplace - an employer's place of work where employees normally are locate d. Most commonly this is a City facility.
Remote Work - a work arrangement where the employee enters into a formal agreement with the City to perform their usual job duties in an alternate work location for a portion of the employee’s regular workweek.
Telecommuting - An employment arrangement in which the employee works at an Alterna te Worksite and utilizes a City issued computer/laptop, e-mail and/or cellphone to perform their work functions.
Virtual Private Network – Any method of allowing remote connectivity to internal private systems from external public networks, usually the internet via encryption software client or web portal application. Examples would be Remote Desktop access and Banner access.
PROCEDURE
Position Eligibility Criteria
Telecommuting is not suitable for all employees and/or positions. The City Manager and each Department Head has the discretion to determine the employees and positions who may telecommute utilizing criteria that includes, but is not limited to:
1. The operational needs of the employee’s department and the City;
2. The potential for disruption to the City’s functions;
3. The ability of the employee to perform their specific job duties from a location separate from their Regular Workplace without diminishing the quantity or quality of the work performed; Item 1H - 37
4. The degree of face -to-face interaction with other City employees and the public that the employee’s position requires;
5. The portability of the employee’s work;
6. The ability to create a functional, reliable, safe, and secure Alternate Worksite for the employee at a reasonable cost;
7. The risk factors associated with performing the employee’s job duties from a location separate from their Regular Worksite;
8. The ability to measure the employee’s work performance from a location separate from their Regular Worksite;
9. The employee’s supervisory responsibilities;
10. The employee’s need for supervision;
11. Other considerations deemed necessary and appropriate by the employee’s immediate supervisor, manager, or department head.
Employee Eligibility Criteria
The ability to telecommute is a benefit. Employees must be able to satisfactorily perform their duties and responsibilities on a day -to-day basis. Employees must demonstrate the ability to perform independently, effectively manage their time, and produce the quality and quantity of work required for their position.
To be approved for a telecommute assignment, the employee must be in good standing. The Human Resources Director will verify employee eligibility based on the following criteria:
1. The Employee has successfully passed probation in their current classification;
2. The Employee has not received a substandard rating in any rating factor on their last performance evaluation;
3. The Employee is not currently on a Performance Improvement Plan;
4. The Employee has not been disciplined in the preceding twelve (12) months; and
5. The promotion of an employee t o a higher position will terminate any approved telecommute assignment. The employee will be required to successfully pass probation in order to be considered for a new telecommute assignment.
The transfer of an employee in the same position may terminate any approved telecommute assignment, at the discretion of the new supervisor.
Item 1H - 38
Telecommute Assignment
1. Any telecommute assignment is only valid with the approval of the employee’s Department Head and the Human Resources Director. The City may, in its discretion, decide to terminate the Agreement at any time. If the City, in its discretion, modifies or terminates the Agreement, the City shall provide at least fourteen (14) calendar days’ notice to the employee before such changes are put into effect.
2. Employee acknowledges and agrees that approval of the Agreement is subject to the discretion of their Department Head and the Human Resources Director . Telecommuting will be approved on a case-by-case basis consistent with the eligibility criteria above.
3. A telecommute assignment shall be limited to a total number of hours equaling a maximum of two workdays in a workweek. The employee must designate a regular telecommute schedule (“Work Schedule”) which designates when work will be performed at the Regular Worksite and at the Alternate Worksite.
4. Work schedule arrangements shall be in compliance with the employee’s MOU. In the event of a conflict between this policy and the MOU, the MOU shall take precedence. Non-exempt employees who receive overtime shall be assigned a work schedule in the Agreement, including rest and meal breaks. Any deviation from the Work Schedule must be approved in advance, in writing, by the employee’s immediate superv isor. Non-exempt employees may take rest breaks and must take meal breaks while telecommuting, just as they would if they were reporting to work at their Regular Worksite. Non -exempt employees may not telecommute outside their normal work hours without prior written authorization from their supervisor.
5. Telecommuting employees are required to be accessible in the same manner as if they are working at their Regular Worksite during the established telecommuting Work Schedule, regardless of the designated location for telecommuting. Employees must be access ible via telephone, email, and/or network access to their supervisor and other City employees while telecommuting, as if working at their City worksite. Employees shall check their City-related business phone messages and emails on a consistent basis, as i f working at their Regular Worksite.
6. Employees shall work on a full -time basis, according to the employee’s MOU. Employees are required to maintain an accurate record of all hours worked at the Alternate Worksite in the same manner as work performed at the Regular Worksite. Employees shall record all non- productive work time on their timesheet.
7. While telecommuting, employees shall adhere to the following a. Have the Alternate Worksite be quiet and free of distractions, with reliable and secure internet and/or wireless access.
b. Employees shall ensure dependent care will not interfere with work responsibilities. c. Employees must notify their supervisor promptly if they will leave the Alternate Worksite to conduct business on behalf of City.
d. Employees must notify their supervisor promptly when unable to perform work assignments because of equipment failure or other unforeseen circumstances.
Item 1H - 39
e. If the City has provided City -owned equipment, employees agree to follow the City Policy for the use of such equi pment. Employees will report to their supervisor any loss, damage , or unauthorized access to City -owned equipment, immediately upon discovery of such loss, damage, or unauthorized access.
General Duties, Obligations and Responsibilities
Employees must adhe re to the provisions set forth in this Policy and the terms of the Telecommuting Agreement. Any deviation from the Agreement requires prio r written approval from the City.
1. All existing duties, obligations, responsibilities and conditions of employment rema in unchanged. Telecommuting employees are expected to abide by all City and departmental policies and procedures, rules and regulations, applicable Memoranda of Understanding, and
2. Employees authorized to perform work at an Alternate Worksite must meet th e same standards of performance and professionalism expected of City employees in terms of job responsibilities, work product, timeliness of assignme nts, and contact with other City employees and the public.
3. If approved, employees will be provided with City-issued equipment and must be used for exclusively while telecommuting.
4. The City shall not be responsible for costs associated with the use of computer and/or cellular equipment, including energy, data or maintenance costs, network costs, home maintenance, home workspace furniture, elective ergonomic equipment, liability for third party claims, or any other incidental costs (e.g., utilities associated with the employee’s telecommuting).
5. Employees may receive virtual private network (“VPN”) access , as approved by their Department Head and/or Human Resources Director and Information Technology Management.
6. Employees shall continue to abide by practices, policies and procedures for requests of sick, vacation and other leaves of absences in accordance with the employee’s MOU.
Requests to work overtime, declare vacation or take other time off from work must be pre- approved in writing by the employee’s supervisor. If an employee becomes ill while working under a Telecommuting Agreement, the employee shal l notify their supervisor immediately and record on the timesheet any hours not worked due to incapacitation.
7. Employees must take reasonable precautions to ensure their devices (e.g., computers, laptops, tablets, smart phones, etc.) are secure before connecting remotely to the City’ s network and must close or secure all connections to City desktop or system resources (e.g., remote desktop, VPN connections, etc.) when not conducting work for the City.
8. Employees shall contact the City Helpdesk for any technical support when working at the Alternate Worksite. Employees shall not use third party technical support on City equipment.
Item 1H - 40
9. Employees shall exercise the same precautions to safeguard electronic and paper information, protect confident iality, and adhere to the City’s records retention policies, especially as it pertains to the Public Records Act and Health Insurance Portability and Accountability Act (HIPAA). Employees must safeguard all sensitive and confidential information (both on paper and in electronic form) relating to City work they access from the Alternate Worksite or tra nsport from their City worksite to the Alternate Worksite.
Employees must also take reasonable precautions to prevent third parties from accessing or handling sensitive and confidential information they access from the Alternate Worksite or transport from their City worksite to the Alternate Worksite. Employees must return all correspondence to the City at the termination of the Telecommuting Agreement or upon request by their supervisor, Department Head or Human Resources.
10. Employees’ salary and benefits remain unchanged. Workers’ Compensation benefits will apply only to injuries arising out of and in the course of employment as defined by Workers’ Compensation law. Employees must report any such work -related injuries to their supervisor immediately. The City shall not be responsible for injuries or property damage unrelated to such work activities, including injuries to third persons when said injuries occur at the Alternate Worksite.
11. All of Employees’ existing supervisory relationships, lines of authority and supervisory practices remain in effect.
12. Any breach of the telecommuting agreement by the employee may result in termination of the Agreement and/or disciplinary action, up to and including termination of employment.
Item 1H - 41
CITY OF PALM SPRINGS
TELECOMMUTING AGREEMENT
The Telecommuting Agreement is recommended for the employee listed below:
Dept/Division Regular Worksite Effective Date
Last Name First Name/Middle Initial Organization #
Employee Acknowledgement:
I, the undersigned employee (“Employee”), have read the Telecommuting Policy in its entirety and I agree to abide by the terms and conditions it contains. I understand and agree that the Telecommuting Agreement (“Agreement”) is contingent upon Department Head and Human Resources Director approval.
I understand and agree that the Agreement is voluntary and may be terminated at any time. I further understand that the City may, at any time, change any or all of the conditions under which approval to participat e in the Agreement is granted, with at least fourteen (14) calendar days’ notice.
I agree to exercise the same precautions to safeguard electronic and paper information, protect confident iality, and adhere to the City’s records retention policies, especially as it pertains to the Public Records Act and HIPAA.
I agree to and understand my duties, obligations and responsibilities. I also understand it is my responsibility to provide adequate advance notification to my supervisor if I am unable to keep any of the agreed upon commitments and/or deliverables. If I fail to do so, I understand this Agreement may be terminated.
Employee’s current schedule (“Work Schedule”) type (5/40, 9/80, 4/10):
Day Morning Lunch Afternoon Total Hours
Start End Start End
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Continue on next page
Item 1H - 42
Approved Alternate Worksite(s)
Address(es) of Alternate Worksite Phone Number(s)
The employee’s designated telecommute days/hours are as follows:
0 Monday 0 Tuesday 0 Wednesday 0 Thursday 0 Friday
The Employee agrees to report work-related injuries to the Employee’s supervisor at the earliest reasonable opportunity. The Employee agrees to hold the City harmless for injury to third parties at the Alternate Worksite.
I hereby affirm by my signature that I have read this Agreement, and understand and agree to all of its provisions.
Employee Signature DATE
Employee Print Name
Approval of Human Resources Director DATE
Approval of Department Head DATE
DISTRIBUTION: Employee/ Personnel File/ IT –
Item 1H - 43
33 THE PUBLIC EMPLOYEES ASSOCIATION OF PALM SPRINGS
Date:
B
y:
PEAPS Representative (Print) Signature
B
y:
PEAPS President (Print) S ignature
B
y:
PEAPS Vice President (Print) Signature
CITY OF PALM SPRINGS
Date:
By: By:
Cit y Manager Labor Attorney
Attest:
B
y: By:
City Clerk Director of Human Resources
Approved to form:
B
y:
Cit y Attorney
Council Approval:
Item 1H - 44
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
MEMORANDA OF UNDERSTANDING RELATIVE TO
WAGES, HOURS, AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN
THE PUBLIC EMPLOYEES’ A SSOCIATION OF PALM
SPRINGS FOR THE PERIOD JULY 1, 2021 THROUGH
JUNE 30, 2023, SUBJECT TO ASSOCIATION EXECUTING
THE MEMORANDUM OF UNDERSTANDING.
WHEREAS, Resolution 16438 designates the City Manager (acting personally or 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 Public Employees Association of Palm Springs (“PEAPS”); and
WHEREAS, as a result of such good faith negoti ations, the City Negotiation Team have reached agreement PEAPS on the terms and conditions of a Memorandum of Understanding (“MOU”) governing employees of the City of Palm Springs within such Association; and
WHEREAS, PEAPS and the City Negotiation Team jointly recommend adoption of such MOU by the City Council;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
That the Memorandum of Understanding between PEAPS 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 acc ordance with these changes and execute documents necessary to effectuate the above actions in a form acceptable to the City Attorney.
ADOPTED THIS 24TH DAY OF February 2022
.
JUSTIN CLIFTON
Item 1H - 45
Resolution No. _____