Agenda packet — Palm Springs City Council, April 7, 2022 (part 2 of 8)

RECITALS
A. City requires the services of a licensed painting contractor, for painting and wallcovering services, (“Project”).

B. Contractor has submitted to City a proposal to provide painting and wallcovering services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

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1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $300,000.00.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

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4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event, if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of 3 years, commencing on April 11, 2022, and ending on April 10, 2025, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

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5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Anastasios Fistes (name), President (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item IJ - 165
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without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Anastasios Fistes President

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

B. If the Services are being performed as part of an applicable “public works” or “maintenance” project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, Item IJ - 166
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judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor in the performance of the Services or this Agreement, and, upon Contractor obtaining a final adjudication by a court of competent jurisdiction, Contractor’s liability for such claim, including the cost to defend, shall not exceed the Contractor’s proportionate percentage of fault.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. 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 or any other default by the other Party.

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9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Contractor or its successor, or for breach of any obligation of the terms of this Agreement.

10.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item IJ - 169
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writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: AJ Fistes Corporations
Attention: Anastasios Fistes
1244 N. Gaffey St.

San Pedro, CA 90731

11.2 Integrated Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

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11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND AJ FISTES CORPORATION
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: XXX Item No. XXX
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Anthony Mejia,
City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
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EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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1.1 Scope of Work:

A. Contractor shall furnish labor, materials, and equipment to perform painting and wallcovering (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to general painting, repainting, repair, finishing, refinishing, remedial plastering and patching, sheet rock finish taping (only), patching, joint preparation, graffiti removal, surface preparation and installation of wall covering, repairs and related maintenance. Contractor must provide proper signage and/or protection to prevent staff & public from coming into contact with wet paint and/or plaster. Contractor may be required to move furniture when working on interior projects.

B. Contractor must only use Low-VOC paint.

C. All work shall be performed by and billed to the lowest applicable job class level.

The majority of the Work requested under this contract is to be performed by one (1) trade person per job. All service shall be performed by personnel who are journeyman level (or equivalent according to industry norms) as described by industry standards. The Contractor must receive prior written approval from the City before assigning more than one (1) trade person per job. On jobs requiring more than three (3) trade persons, the Contractor shall be required to designate one (1) employee to perform the duties and responsibilities of Foreman and that person shall receive compensation as such
D. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

If the Contractor fails to commence correction of nonconforming work within a seven day period after written notice, the city may correct the deficiencies by other means. In such case, the City may exercise rights and remedies as provided in section 9.4 of agreement.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

E. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

F. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The Item IJ - 174
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City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Contractor must not store equipment and/or supplies on any City property.

G. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

H. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

I. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

Any items or articles of apparent value found by the Contractor’s personnel in any areas of the building or site shall be turned over to the facility manager or on-site Security. Any suspicious articles that may be found, or persons loitering or conducting themselves in a manner to arouse suspicion or possibly in need of help, shall be immediately reported to Police.

J. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.

City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

K. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

Contractor vehicles must display company name and logo.

L. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, or otherwise unprofessional manner. • Engaging in harassment or otherwise offensive conduct.

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• Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

Contractor’s employees deemed noncompliant by City will be removed immediately and replaced within twenty-four (24) hours. Contractor’s employees must submit to weapons screening as directed. Contractor’s employees must be able to understand, read and communicate in English under the performance of this Contract. Contractor must observe and comply with all of City’s present and future rules and regulations regarding conduct on the premises.

1.2 Insurance Requirements:

The Contractor shall meet all insurance requirements of the City, including but not limited to, the provisions of personal and property liability, including automobile coverage, and Worker's Compensation, in limits acceptable to the City.

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

At the sole discretion of the City, the Contract may be renewed for two one-year options or any portion thereof. If the City exercises its option to extend, the unit prices may be adjusted (decreased or increased) at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

1.6 Adjustment of Services:

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The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

2. The unit prices may be adjusted (decreased or increased) once a year to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureaus of Labor Statistics for the Riverside-San Bernardino-Ontario Areas.

3. The City will only pay for the items listed on the bid form, and permit and disposal fees. This does not include access to public utilities. Contractor must incorporate all of its costs in its unit bid prices, including but not limited to labor, supervision, project management, overhead, profit, onboarding training, travel, mileage, truck charges, fuel charges, service call charges, parking, delivery, portal-to-portal charges, environmental fees, shop supplies and consumable incidental materials. The City will not pay for subcontractors, rental of equipment/tools, and purchase of materials/supplies unless the City authorized payment of the applicable items.

1.8 Payment:

For all services which the Contractor is obligated to perform under this Contract, the City shall pay to the Contractor per the bid provided by Contractor and set out in Exhibit “A” of the Contract Services Agreement.

1.9 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for actual work performed which may or may not be equal to the purchase order amount.

Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received.

The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to:

[email protected].

1.10Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Item IJ - 177
Revised 2.9.22 Page 17 of 25
Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

2. AIRPORT SECURED ACCESS TO WORK AREAS:
a. Criminal history Records Check (CHRC) and TSA Security Threat Assessment (STA) – The Contractor will be required to submit the City, prior to the commencement of services, an Authorized Signatory Authority Letter authorizing specific Contractor representatives to approve the issuance of Airport Identification badges and the processing of a fingerprint CHRC and STAs. Electronic links to this letter and the Fingerprint/Badge application can be found on the Airport’s website at http://www.palm-springs.ca.gov b. Under certain circumstances, and out of the control of the City, security measures may change on short notice. No deviations from any security measure shall be allowed at any time.
c. Restricted Area Access – All Contractor personnel who require unescorted access to the restricted areas of the Airport, prior to the issuance of an Airport Identification Badge, must successfully complete a fingerprint based CHRC and Security Threat Assessment (STA). In accordance with CFR 49 1542.209, the CHRC must disclose that the applicant has not been convicted, or found not guilty by reason of insanity, of any of the disqualifying crimes listed below or as stated in 49 CFR 1542.209, during the 10 years before the date of the individual’s application for unescorted access authority, or while the individual has unescorted access authority. The disqualifying criminal offenses are as follows:
1) Forgery of certificates, false making of aircraft, and other registration violations; 49 U.S.C. 46306.
2) Interference with air navigation; 49 U.S.C. 46308.
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.

Item IJ - 178
Revised 2.9.22 Page 18 of 25
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel.

Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a Item IJ - 179
Revised 2.9.22 Page 19 of 25
badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

All required paperwork and ID badge applications shall be submitted a minimum of two weeks before issuance of any badge. The Contractor and its staff are responsible for attending SIDA training and completing security badge application.

Attendance of the video-based class and issuance of the badge may take in excess of 3 hours. There will be a $50 charge (subject to change) for the FBI background check and fingerprinting process, and a $50 charge (subject to change) for the badge for a total of $100.00.

4. Violations - All violations of Airport security are also violations of the City of Palm Springs Municipal Title 16, California Vehicle code and/or the Code of Federal Regulations. Any such violation may result in arrest, the issuance of a citation and/or the immediate revocation of access privileges.

Item IJ - 180
Revised 2.9.22 Page 20 of 25
Item IJ - 181

ATTACHMENT F

BIO FORM
INVrTATION FOR BIDS (IFB 22-12)

PAINTING ANO WALLCOVERING
Responding to this IFB fo, painting and walloovering services. the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor. equipment. materials, supervision. and service necessa,y to complete said Work In acco<dance with the Specifications of the City of Palm Springs and will accept as full payment therefore. the following unit oost amounts. The City of Palm Springs will not accept any addttional charges, fees, etc. that are not already ind uded or incorporated in the below unit costs.

ESTIMATED UNrT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
1 Foreman Painter Billil'V'I Rate HR 50 ~ ••1 r . ~ --,~JI e,. 2 Foreman Painter Overtime Billing HR . Rate 5 ~:J./ .k= / 3 Foreman Painter Holiday Billing HR 5 Rate "11./ l~./
4 Journevman Painter Billino Rate HR 100 ,~ ·,;_i;. ... r.. ?,,.IJ ,,,.. 5 Journeyman Painter Overtime HR . Blllina Rate 5 <-IC / ,,j lt:r, ,- . 6 Journeyman Painter Holiday Billin1 HR
Rate 5 ~c. ./ AKo.,,.,.-
7 Annrentice Painter Billina Rate HR 25 ;i,,_ "',, I 10(.,.- 8 Apprentice Painter Overtime Billi"! HR . Rate 5 6'1. J.~ 3u.7. 4-o 9 Apprentice Painter Holiday Billing HR s Rate f,'{,,Lr! 347 . .J.o 10 Pans and Materials 1% mark-um % 500 5X ~.,~ -- 11 Eauioment Rental/% mark-uni % 100 ~~¼ ,,... " ,,- 12 Subcontractors 1% mark-t.10, % 100 I 'C·~ Jc-. ,.- TOTAL J JL J~I.~
I
•Please note: This bid fom, is to determine the lowest bidder and will be used to establish the contract untt prices. The contract value will be set at the City budget amount.

Certified by: ANASTASIO$ FISTES
Firm Name: AJ FISTES CORPORATION
Revised 2.9.22 Page 21 of 25
EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item IJ - 182
Revised 2.9.22 Page 22 of 25

INSURANCE

1. Procurement and Maintenance of Insurance. Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:
_________ required
___X____ is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item IJ - 183
Revised 2.9.22 Page 23 of 25
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage. If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage. Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, affecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or selfinsurance the City may have..." ("as respects City of Palm Springs Contract No.___" or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above-described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item IJ - 184
Revised 2.9.22 Page 24 of 25
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item IJ - 185
Revised 2.9.22 Page 25 of 25
EXHIBIT “B”

CITY O PALAM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
Item IJ - 186
Item IJ - 187

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-12)

PAINTING AND WALLCOVERING

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor's interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

Item IJ - 188
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item IJ - 189

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

AJ FISTES CORPORATION
Address of Entity (Principal Place of Business)
1244 N GAFFEY ST. SAN PEDRO CA 90731
Local or California Address (if different than #2)

CALIFORNIA
State where Entity is Registered with Secretary of State CI-J ti Ft?(2l l4
If other than California, is the Entity also registered in California? D Yes D No Type of Entity
IX! Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

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.

ANASTASIOS FISTES Ao% AJ FISTES CORPORATION
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

JACOB FISTES ~ 0% AJ FISTES CORPORATION
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
-4 0 % 6 :) f:?1!.~~~ Gv,0124f1c>"' l>t kJ "P1 q. "i"E::!a [name of owner/investor] [pefuentage 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 UNDE PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing arty, Printed Name, Title

ANASTAIOS FISTES - RESIDENT
Date
Item IJ - 191
City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City's disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT 7
Item IJ - 192
Revised 2.9.22 Page 1 of 25
CONTRACT SERVICES AGREEMENT A9065

LOCKSMITH SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Valley Lock and Safe, a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed locksmith contractor, for locksmith services, (“Project”).

B. Contractor has submitted to City a proposal to provide locksmith services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

AGREEMENT

1. CONTRACTOR SERVICES

Item IJ - 193
Revised 2.9.22 Page 2 of 25

3. COMPENSATION OF CONTRACTOR

Item IJ - 194
Revised 2.9.22 Page 3 of 25

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item IJ - 195
Revised 2.9.22 Page 4 of 25

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Christopher Dageford (name), Chief Financial Officer (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item IJ - 196
Revised 2.9.22 Page 5 of 25
without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Christopher Dageford Chief Financial Officer

5.6 California Labor Code Requirements.

A. Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify, and hold the City, its officials, officers, employees, and agents free and harmless from any claims, liabilities, costs, penalties, or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, Item IJ - 197
Revised 2.9.22 Page 6 of 25
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

8. RECORDS AND REPORTS

Item IJ - 198
Revised 2.9.22 Page 7 of 25

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Item IJ - 199
Revised 2.9.22 Page 8 of 25

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item IJ - 200
Revised 2.9.22 Page 9 of 25
writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Valley Lock & Safe
Attention: Christopher Dageford
68100 Ramon Re, Suite C11
Cathedral City, CA 92234

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

Item IJ - 201
Revised 2.9.22 Page 10 of 25

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item IJ - 202
Revised 2.9.22 Page 11 of 25

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND VALLEY LOCK AND SAFE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: XXX Item No. XXX
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item IJ - 203
1111 1111
Revised 2.9.22 Page 12 of 25
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item IJ - 204
Revised 2.9.22 Page 13 of 25

1.1 Scope of Work:

A. Contractor shall provide the City with labor, equipment, materials, and supervision on an as-needed basis to perform the locksmith services (Work) in city facilities.

The majority of work shall represent service work on locks, cylinders, keys, cores, and various type and brands of lock and/or lock hardware. City of Palm Springs primary key and core system is Schlage key systems. Contractor must bid pricing for this system no substitutes will be allowed. The scope Work shall include, but is not limited to installation and repair of existing facility key/lock systems, design and/or installation of new lock/key systems, cutting of keys, changing safe combinations when requested, as well as 24-hour emergency service call response.

B. Contractor must be able to supply locking hardware and associated parts in conjunction with a repair or otherwise as needed.

C. Contractor shall be responsible for properly disposing of any materials removed or replaced. In addition, any areas disturbed or damaged must be restored to their original condition.

D. Compliance with regulations and permits: Contractor shall comply with or exceed all relevant statutes, codes, rules, and regulations as may be applicable to this contract and shall be responsible for securing any and all permits as required by the governing authority. The City shall reimburse the Contractor for only the actual cost of said permits.

E. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

F. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

G. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

H. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.

Item IJ - 205
Revised 2.9.22 Page 14 of 25
City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

I. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times.

Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

Contractor vehicles must display company name and logo.

J. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, or otherwise unprofessional manner. • Engaging in harassment or otherwise offensive conduct. • Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

1.2 Insurance Requirements:

1.3 License Requirement:

Item IJ - 206
Revised 2.9.22 Page 15 of 25

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

1.6 Adjustment of Services:

The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year of the Contract.

1.8 Payment:

The resulting contract for these services is an on-call as needed contract. No specific amount of work is guaranteed. The contract value is an estimated value only. All work authorized under the contract will be compensated on a time and material basis as outlined in the Invoicing Section.

1.9 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with Item IJ - 207
Revised 2.9.22 Page 16 of 25
allowable markup as outline in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

1.10Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

Item IJ - 208
Revised 2.9.22 Page 17 of 25
3) Improper transportation of a hazardous material; 49 U.S.C. 46312. 4) Aircraft piracy; 49 U.S.C. 46502.
5) Interference with flight crew members or flight attendants; 49 U.S.C. 46504.
6) Commission of certain crimes aboard aircraft in flight; 46506. 7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
Item IJ - 209
Revised 2.9.22 Page 18 of 25
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

3. Employee Security Badges – All Employees, Agents, Vendors, Invitees, Etc. of the Contractor, or Subcontractors requiring access to the work site shall, in accordance with the PSP Airport Security Plan, be required to display airport issued identification or be under the escort by properly badged personnel.

Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

Item IJ - 210
Revised 2.9.22 Page 19 of 25
Item IJ - 211

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFS 22-08}

LOCKSMITH SERVICES
Responding to this IFB for ocksmith services, the undersigned bidder proposes and agrees to provide lhe services and wo 1< in accordance wiih the specifications. Bidder proposes and agrees to furpish all labor, equiprn nt, materials, supervision, and service necessary to complete said Workl in acco<dance with th~ Specifications of the City of Palm Springs and will accept as full payment therefore, the foll01 1•ing unit cost amounts. The City of Palm Springs will not accept any addition1I charges, fees, etc. that are not alreadv included or incorporated in the below unit costs. I .

ITEM
1 2
3 4
5 6
7 8
9 10
11 12
13 DESCRIP' ON
Locksmith Foreman illino Rate
Locksmith Foreman rvertime
Billino Rate
Locksmith Foreman I oliday Billing
Rate
Locksmith Service Te ;tmician
Billina Rate
I Locksmith Service Te hnician
Ove11ime Billino Rate
Locksmith Service Te hnician
Holidav Billino Rate
I
Low Voltage Service ~chnician
Billino Rate 1
' Low Voltage Service echnician
Ovel1ime Billino Rate
Low Voltage Service Hchnieian
1-totidav Billi= Rate
,chlage Led< Door Ha dware (%
iseount off full list cos
=iarts and Materials {% mark .. unl
=auioment Rental <% 1 ark.uol
Subcontractors <% ma .un,
I
UNIT
HR
HR
HR
HR
HR
HR
HR
HR

ESTIMATED

QUANTITY
25 5
5 50
5 5
25 5
5 $1 ,000
$2000
$1 ,000
$1 000

UNIT PRICE SUBTOTAL
95 2 375
142.50 712.50
190 950
95 4,750
142.50 712.50
142.50 712.50
95 2,375
142.50 712.50
190 950
0 1,000
0 2 000

NIA N/A

NIA N/A
TOTAL 1nso.oo
•Please! note: This bid form is to determine tM lowest bidder and will be used to establish the contract unit prices. The contra ~ value will be sat at the City budget amount.

C:ertified by: ___ _.,_ ________________ _ _
I Tm Name. Vallev Lo'"'k & Safe
Revised 2.9.22 Page 20 of 25
Item IJ - 212
l I Signature of Autho · d Person:

I
I Title: Chief Financi I Officer
I Date: --"'"-'"""'--1----------------------
1 Revised 2.9.22 Page 21 of 25
EXHIBIT “B”

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item IJ - 214
Revised 2.9.22 Page 23 of 25
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item IJ - 215
Revised 2.9.22 Page 24 of 25
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item IJ - 216
Revised 2.9.22 Page 25 of 25
EXHIBIT “C”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
Item IJ - 217
Item IJ - 218

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-08)

LOCKSMITH SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR BID Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limitep liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City's board or commissions.

Why Must I File?
The City of Palm Spring5i Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City's Public Integrity Ordinance, codifie:d in Chapter 2.60 of the municipal code, reflects the City's interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elect~d or appointed voting City official, or with the City Manager or City Attorney. I
Note: A material financi91 relationship is a relationship between someone who is an owner/investor in the app1
1icant entity and a voting official (or the City Manager or City Attorney), which relationshfi includes any of the following:
(1) the owner/investor and t e official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has giren the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the aJ?plication; or
(4) the official might reasona61y be anticipated to gain or lose money or a thing of value, based upon the owner/investot1
's interest in the applicant entity, in relation to the application's outcome.

When Must I File?
You must file this form wit r the Office of the City Clerk at the same time when you file your application for a City appr
1 oval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?
I
··-
•
Item IJ - 219
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or oth
1 er organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons o ning an interest with a value of two thousand dollars ($2,000) or more who have a materia\ financial relationship with an elected or appointed City official who will vote on the applicant's application, or with the City Manager or City Attorney.

What if I Have Questions?

PENALTIES
I
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

Item IJ - 220

1. 2.

3. 4.

Name of Entity
Valley Lock and Safe
I
I

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Prindpal Place of Business)
68100 Ramon Rd C-11 p athedral City, CA 92234
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
I
If other than California, is the Entity also registered in California? D Yes D No

5. Type of Entity
~orporation D Limited Liabihty 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 entity
I
C~b i2.WIO.fl-flfn-, ~ ~fficer D Director D Member D Manager [name]\ D General Partner D Limited Partner
• other
I
I
~fficer D Director ~frl'Vl,,~.'.51 tiPt11jVL~~~D D Member D Manager I D General Partner D Limited Partner [name]
I • Other
I
I
M \C- l..r6 £ ,:.L0 G_ruJPJl5fL ~ fficer D Director D Member D Manager [name] D General Partner D Limited Partner
• Other
Item IJ - 221

7. Owners/Investors with a
I
5% beneficial interest in the Applicant Entity or a related entity

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/invebtor] [percentage of beneficial interest in entity and name of entity] I
A
~ 6 ~ wn:rutus-n..,S ~C)% ILAi.t.eJd uct..../tvl-0 ~e
[name of owner/investor] [percentage of beneficial interest in entity and I
name of entity]
B. I
O~ToPV\-ft (\),v~~Yl..Q SJo v~u~ U)C,l.Cw\Q SA-Fe
[name of owner/im,Jtor] [percentage of beneficial interest in entity and name of entity]
C. I
ffi.l('1~
[name of owner/investor]
GIW\?>6YL s-ez"'
[percentage
11,.11~
of beneficial
LroLo ~ interest in entity and
name of entity]
D.

I
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
E.

I
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
I DECLARE UNDER PENA1

LTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT. I
Item IJ - 222
City of Palm Springs, CA.

Busin, ss Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other pusiness entities as its members or having a financial interest, all entities
other such business entities must also be disclosed, including those entities other business , if any.

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay I
Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed b~ Acme Brothers 2, Inc., a California corporation, whose officers California
are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme ~rothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a Ca ifornia limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
ATTACHMENT 8
Item IJ - 223
Revised 2.9.22 Page 1 of 26
CONTRACT SERVICES AGREEMENT A9077

ROOFING INSPECTION, REPAIR, AND INSTALLATION SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 11, 2022, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Al Miller & Sons Roofing Co., Inc., a California Corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed roofing contractor, for roofing inspection, repair, and installation services, (“Project”).

B. Contractor has submitted to City a proposal to provide roofing inspection, repair, and installation services, to City under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

AGREEMENT

1. CONTRACTOR SERVICES

Item IJ - 224
-
Revised 2.9.22 Page 2 of 26

3. COMPENSATION OF CONTRACTOR

Item IJ - 225
-
Revised 2.9.22 Page 3 of 26

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item IJ - 226
-
Revised 2.9.22 Page 4 of 26

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Russell Miller (name), Secretary/CEO (title). It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item IJ - 227
Revised 2.9.22 Page 5 of 26
without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Russell Miller Secretary/CEO

5.6 California Labor Code Requirements.

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, Item IJ - 228
Revised 2.9.22 Page 6 of 26
judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

8. RECORDS AND REPORTS

Item IJ - 229
Revised 2.9.22 Page 7 of 26

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

Item IJ - 230
Revised 2.9.22 Page 8 of 26

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item IJ - 231
Revised 2.9.22 Page 9 of 26
writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Al Miller & Sons Roofing Co., Inc.

Attention: Russell Miller
68760 Summit Drive
Cathedral City, CA 92234

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

Item IJ - 232
Revised 2.9.22 Page 10 of 26

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item IJ - 233
Revised 2.9.22 Page 11 of 26

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND AL MILLER & SONS ROOFING CO., INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _______________________________________ By: _________________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: XXX Item No. XXX
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item IJ - 234
1111 1111
Revised 2.9.22 Page 12 of 26
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item IJ - 235
Revised 2.9.22 Page 13 of 26

1.1 Scope of Work:

A. Contractor shall furnish supervision, labor (trained and certified), permits, materials, tools, and special equipment necessary to perform roofing inspection, repair and installation services (Work) on an as-requested basis in city facilities included in this solicitation. The scope of Work shall include, but is not limited to inspection, repair, and installation of various roofing systems, roofing accessories, shingle, slate, thermal plastic polyolefin (TPO), ethylene propylene diene terpolymer (EPDM), hot applied asphaltic built-up membranes, sheet metal and architectural metal roofing systems. Contractor shall also have in-house metal flashing and gutter fabrication and installation services available to perform work under this contract.

B. All inspection and repair work are to be performed in accordance with the manufacturer’s written recommendations and in compliance with the applicable roof warranty that is in effect.

C. Contractor shall prepare and provide a written report with photos to the City upon completion of inspections.

D. Prior to beginning any work at a site, the Contractor shall verify whether or not there is a warranty in effect at the site and review the terms and conditions of the warranty to ensure all proposed work meets the requirements of the warranty. The Contractor shall consult with the authorized City representative to determine whether there is a warranty and identify all warranty requirements and constraints.

F. Disposal and salvage of waste material: Contractor must dispose of or salvage all waste material generated by its service operations under the contract in an off-site location, in compliance with all applicable laws and regulations. City encourages Contractor to salvage material in an environmentally friendly manner if possible.

City retains the right to retain materials or have another party salvage material, at the discretion and direction of the facility manager.

G. All work shall be performed by and billed to the lowest applicable job class level.

H. Correction of work deficiencies: The Contractor shall correct work rejected by the City as failing to conform to the requirements in the project documents within Item IJ - 236
Revised 2.9.22 Page 14 of 26
thirty days. The Contractor shall bear the cost of correcting such rejected work, including the costs of uncovering, replacement, and additional testing.

In addition to the Contractor’s other obligations, the contract shall, for a period of one year after substantial completion, correct work not conforming to the requirements of the work.

I. Equipment and supplies: Contractor is to provide, at no additional cost to the City, all necessary equipment, hand, and power tools and supplies typically used by the job classification and/or assigned trade person. Mechanical or other equipment used for Work must be of a type that is approved by the industry and shall be operated in such a manner as not to cause danger of any nature to employees or other persons or damage to the building structure, fixtures, furnishings, etc. The City, at its sole and absolute discretion, may approve to pay for equipment, tools, or materials it determines is not typical of that job classification.

Contractor must not store equipment and/or supplies on any City property.

J. General safety requirements: The Contractor shall be responsible for all safety precautions required in connection with their work, including regulations of the Occupational Safety and Health Administration (OSHA) and other governing agencies. The City reserves the right to oversee all service work from a safety standpoint and require the Contractor to take appropriate action to ensure safety and code compliance.

K. Damages: Necessary precautions shall be taken at all times to protect persons, property and equipment from injury or damage. Any damage shall be reported, reviewed, and discussed with the facility manager.

L. Security: The Contractor is responsible for ensuring all entries/exits to the work area are secure during the discharge of their duties (doors must not be propped open). The Contractor does not have the authority and shall not grant access to any person requesting entry into the building or specific work area.

M. Uniforms and face coverings: The Contractor shall be required to properly uniform its service personnel and they shall present a clean and neat appearance at all times. Day service personnel shall have color-coordinated shirts with company name and/or logo provided by the Contractor.

Contractor must abide by City’s requirements for visiting City buildings, including wearing required face coverings.

Item IJ - 237
Revised 2.9.22 Page 15 of 26
Contractor vehicles must display company name and logo.

N. Conduct of contractor’s employees on-site: The following behavior is not allowed on City premises:
• Using improper language.
• Acting in a loud, boisterous, or otherwise unprofessional manner. • Engaging in harassment or otherwise offensive conduct. • Allowing unauthorized persons, including family and friends, to enter the building or area in which Contractor’s employee is assigned. Visitors must stay in the public lobby until Contractor’s employee arrives. • Opening or going through any City property, including furnishings, or use of City equipment or property.
• Theft or aiding in the theft of City property.
• Sleeping on the job.
• Taking scrap material.
• Using tobacco products, including electronic smoking devices, anywhere on City premises.
• Using City tools, equipment or supplies without prior authorization. • Possessing firearms or any other weapon, even if legally permitted to carry firearms or other dangerous weapons.
• Sexual misconduct, sexual abuse, sexual harassment, as defined by state and/or federal law.

1.2 Insurance Requirements:

1.3 License Requirement:

1. Be licensed in accordance with the Palm Springs Municipal Code, Chapter 3.40 through 3.96 entitled Business Tax;

2. Possess any other applicable license required in the performance of these services.

1.4 Term of Contract:

The term of this contract will be for three years, with two, one year renewal options upon mutual consent of the City and the Contractor.

1.5 Option to Renew:

Item IJ - 238
Revised 2.9.22 Page 16 of 26
At the sole discretion of the City, the Contract may be renewed for two one-year options or any portion thereof. If the City exercises its option to extend, the unit prices may be adjusted (decreased or increased) at the beginning of any such renewal period to correspond with the most recent annual change to the Consumer Price Index for All Urban Consumers as published by the U.S. Bureau of Labor Statistics for the RiversideSan Bernardino-Ontario Areas.

1.6 Adjustment of Services:

The City reserves the right to reduce or increase, or otherwise adjust the scope of services.

1.7 Pricing:

1. The pricing included in this Contract shall be firm for the first year.

1.8 Payment:

1.9 Invoicing:

Contractor will submit an itemized invoice monthly. Billings must reference a purchase order number and shall indicate the unit (contract) price. Contractor will be paid for the actual hours worked at the rates shown in the contract. Parts, materials, equipment, and subcontractor costs will be compensated at actual cost with receipts required with allowable markup as outlined in the contract. Contractor shall break out the line items on the invoice in accordance with the line items on the bid form. Contractor must provide back-up documentation for materials, subcontractor, rented equipment, permits, disposal and recycling fees. Invoices that are submitted with incorrect prices may be returned for correction before any payments to the contractor are authorized. It shall be the contractor’s responsibility to submit a correct invoice. The City shall not be responsible for payment until a correct invoice is received. The invoice shall be accompanied by receipts, dated, and signed by a City Employee, verifying the work was done. Invoices Item IJ - 239
Revised 2.9.22 Page 17 of 26
and receipts will be submitted to the Contract Officer for approval. All invoices are to be sent as one document, per month to: [email protected].

1.10Special Security Requirements – For Palm Springs Police Department and Palm Springs International Airport:

1. POLICE DEPARTMENT:

Any personnel of Contractor assigned to perform services at the Palm Springs Police Department must pass a Criminal History Records Check (CHRC) prior to performing services at this facility. The CHRC(s) will be provided at no charge to Contractor. Contractor shall coordinate the record checks with the City’s Contract Officer. The City will accept as evidence of passing such a test a LiveScan card issued by another government agency.

Item IJ - 240
Revised 2.9.22 Page 18 of 26
7) Carrying a weapon or explosive aboard aircraft; 49 U.S.C. 46506. 8) Conveying false information and threats; 49 U.S.C. 46507. 9) Aircraft piracy outside the special aircraft jurisdiction of the United States; 49 U.S.C. 46502(b).
10) Lighting violations involving transporting controlled substances; 49 U.S.C. 46315.
11) Unlawful entry into an aircraft or airport area that serves air carriers or foreign air carriers contrary to established security requirements; 49 U.S.C. 46314.
12) Destruction of an aircraft or aircraft facility; 18 U.S.C. 32. 13) Murder.
14) Assault with intent to murder.
15) Espionage.
16) Sedition.
17) Kidnapping or hostage taking.
18) Treason.
19) Rape or aggravated sexual abuse.
20) Unlawful possession, use, sale, distribution, or manufacture of an explosive or weapon.
21) Extortion.
22) Armed or felony unarmed robbery.
23) Distribution of, or intent to distribute, a controlled substance; 24) Felony arson.
25) Felony involving a threat.
26) Felony involving:
i) Willful destruction of property;
ii) Importation or manufacture of a controlled substance; iii) Burglary;
iv) Theft;
v) Dishonesty, fraud, or misrepresentation;
vi) Possession or distribution of stolen property;
vii) Aggravated assault;
viii) Bribery; or
Item IJ - 241
Revised 2.9.22 Page 19 of 26
ix) Illegal possession of a controlled substance punishable by a maximum term of imprisonment of more than 1 year.
27) Violence at international airports; 18 U.S.C. 37.
28) Conspiracy or attempt to commit any of the criminal acts listed.

Supervisors shall be badged with a Palm Springs International Airport Photo Badge. These badges will be identified numerically and issued to individual employees with a permanent record maintained on each individual to whom a badge is issued. At the completion of the contract, all badges will be returned to airport, or a charge of $60 per badge (subject to change) will be assessed for all badges not returned. As part of the badge application process, each applicant will be fingerprinted for use in an FBI Criminal Records search. Any person whose criminal record reveals offenses listed by the FAA as disqualifying offenses will be denied a badge and will be prohibited from unescorted access to the project site.

Item IJ - 242
Revised 2.9.22 Page 20 of 26
Item IJ - 243

ATTACHMENT F

BID FORM
INVITATION FOR BIDS (IFB 22-14)

ROOFING INSPECTION, REPAIR, AND INSTALLATION
Responding to this IFB for roofing inspection, repair, and installation services, the undersigned bidder proposes and agrees to provide the services and work in accordance with the specifications. Bidder proposes and agrees to furnish all labor, equipment, materials, supeNision, and service necessary to complete said Work in accordance with the Specifications of the City of Palm Springs and will accept as full payment therefore, the following unit cost amounts. The City of Palm Springs will not accept any additional charges, fees, etc. that are not already included or incorporated in the below unit costs.

The Unit Pricing shall remain fixed for the first year. For additional years, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the Riverside-San Bernardino-Ontario region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI increase, are at the mutual consent of the City and the Contractor.

ESTIMATED UNIT PRICE SUBTOTAL

ITEM DESCRIPTION UNIT QUANTITY
1 Foreman Roofe< Billina Rate HR 50 70.00 3.500.00
2 Foreman Roofe< Overtime Billing HR 5 100.00 500.00 Rate 3 Foreman Roofe< Holiday Billing HR 5 70.00 350.00 Rate 4 Joumevman Roofer Billina Rate HR 100 70.00 7,000.00
5 Journeyman Roofe< Overtime HR 5 100.00 500.00 Billina Rate 6 Journeyman Roofe< Holiday Billing
Rate
HR 5 70.00 350.00
7 Annrentice Roofer Billinn Rate HR 25 70.00 1,750.00
8 Apprentice Roofer Overtime Billing
Rate
HR 5 100.00 500.00
9 Apprentice Roofer Holiday Billing HR 5 70.00 350.00 Rate TOTAL 14,800.00
I
j ITEM DESCRIPTION % MARK-UP
I 10 Parts and Materials /Enter vour % mark-uo for oarts & materials\ 10% I 11 Eauioment Rental (Enter vour % mark-uo for =uioment rentals\ 10% I 12 Subcontractor /Enter vour % mark-uo for subcontractors\ 0% I I
I I I
*Please note: This bid form is to detem1ine the lowest bidder and will be used to establish the contract unit prices. The contract value will be set at the City budget amount.

Revised 2.9.22 Page 21 of 26
Item IJ - 244
Certified by: Russell M.iller
Firm Name: Al Miller & Sons Roofin
Signature of Authorized Person: _ ,,L:.._---.":::__,,L:..._ _______ _ Printed Name: Russell Miller
Title: Secretary/CEO
Date: 03/24/2022
Revised 2.9.22 Page 22 of 26
EXHIBIT “B”

INSURANCE

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item IJ - 246
Revised 2.9.22 Page 24 of 26
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

Item IJ - 247
Revised 2.9.22 Page 25 of 26
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

Item IJ - 248
Revised 2.9.22 Page 26 of 26
EXHIBIT “C”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSTURE
Item IJ - 249

ATTACHMENT D

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
INVITATION FOR BIDS (IFB 22-14)

ROOFING INSPECTION, REPAIR, AND INSTALLATION

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

What Must I Disclose?
Item IJ - 250
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

What if I Have Questions?

Item IJ - 251

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

3. Local or California Address (if different than #2)

4. State where Entity is Registered with Secretary of State If other than California, is the Entity also registered in California?  Yes  No

5. Type of Entity
 Corporation  Limited Liability Company  Partnership  Trust  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
________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________
_______________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Al Miller & Sons Roofing Co., Inc.
68760 Summit Drive, Cathedral City, CA 92234
California
X
Russell Miller X
Matthew Miller X
Item IJ - 252
Item IJ - 253

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.

Russell Miller 50%, Al Miller & Sons Roofing Co., Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.

Matthew Miller 50%, Al Miller & Sons Roofing Co., Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[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.

Date ·
03/24/2022
City of Palm Springs, CA.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

The full business entity disclosure in this example would resemble the following:

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
Item IJ - 254

CITY COUNCIL STAFF REPORT
04/07/2022 1. K.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2062 APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2062 entitled," AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12."
Attachments
Item 1K

CITY COUNCIL STAFF REPORT
DATE: April 7, 2022 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2062 APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE
CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND
DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8)

SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE
DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.

FROM: Justin Clifton, City Manager
BY: Monique Lomeli, Interim City Clerk
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2062 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12."
BACKGROUND:

On March 24, 2022, the City Council introduced Ordinance No. 2062 for first reading, as noted below:

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 5-0, to introduce Ordinance No. 2062 entitled, “AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521 CZ, CHANGE OF ZONE, TO AMEND THE
CURRENT ZONE DESIGNATION OF ‘PLANNED RESEARCH AND
DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53- ACRE LOT INTO EIGHT (8) SINGLEFAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12.”
This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

Item 1K - 1
City Council Staff Report
March 24, 2022 -- Page 2
Second Reading of Ordinance No. 2062
REVIEWED BY:

Department Director: Monique Lomeli
City Manager: Justin Clifton
ATTACHMENT:

Ordinance No. 2062
Item 1K - 2
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1521

CZ, CHANGE OF ZONE, TO AMEND THE CURRENT ZONE
DESIGNATION OF ‘PLANNED RESEARCH AND
DEVELOPMENT PARK’ (M-1-P) TO ‘SINGLE-FAMILY
RESIDENTIAL’ (R-1-C) FOR THE SUBDIVISION OF A 2.53-
ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL
PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST
ALEJO ROAD, SECTION 12.

City Attorney’s Summary
This ordinance amends the zoning designation of certain property located at 2700 East Alejo Road from ‘‘Planned Research and Development Park’ (M-1-P) to ‘Single Family Residential’ (R-1-C) in order to permit the development of eight (8) single-family residential parcels. The ordinance also makes certain findings required by the Palm Springs
Municipal Code for zoning changes to land.

WHEREAS, AG Land Investments, LLC, (the “Applicant”) has filed Case 5.1521 General Plan Amendment (GPA), Case 5.1521 CZ Change of Zone (CZ), Case TTM 38049, Tentative Tract Map (TTM), and Case 7.1645 AMM Administrative Minor Modification (AMM) applications in accordance with Sections 94.07.00 (Change of Zone),

94.06.01(Minor Modifications), and 9.60 (Subdivision of Land – General Provision) of the Plan Springs Zoning and Municipal Codes to subdivide a 2.53-acre undeveloped lot into eight (8) single-family residential lots for future development at 2700 East Alejo Road; and
WHEREAS, the current General Plan land use and zone designations of the project site are ‘Industrial’ (IND) and ‘M-1-P’ (Planned Research and Development Park), respectively; and
WHEREAS, the applicant has requested a General Plan Amendment (GPA) to change the land use designation from ‘Industrial’ (IND) to ‘Very Low Density Residential’ (VLDR); and

WHEREAS, the applicant has requested a Change of Zone (CZ) from the current ‘Planned Research and Development Park’ (M-1-P) to ‘Single-Family Residential’ (R-1- C); and
WHEREAS, the applicant has requested a Tentative Tract Map (TTM) to subdivide the existing 2.53-acre undeveloped lot into eight (8) single-family residential parcels; and WHEREAS, the applicant has requested an Administrative Minor Modification Item 1K - 3
Ordinance No. _____

Page 2 ends

(AMM) to reduce the Code-required minimum lot width from 130 feet to 117 feet for Lot 4 and Lot 8; and
WHEREAS, on February 23, 2022, a public hearing on Case 5.1521 GPA/CZ, Case TTM 38049, and Case 7.1645 AMM was held by the Planning Commission in accordance with applicable law; the Planning Commission voted 5-2 (Absent: Ervin & Moruzzi) to recommend approval to the City Council subject to conditions; and WHEREAS, on March 24, 2022, a public hearing on Case 5.1521 GPA/CZ, Case TTM 38049, and Case 7.1645 AMM were held by the City Council in accordance with applicable law; and

WHEREAS, the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented; and WHEREAS, the City Council finds that the approval of the Change of Zone application (Case 5.1521 CZ) would allow the future development of eight (8) singlefamily residences at the site, and it is consistent with the intent of the General Plan Housing Element which aims to respond to the statewide housing shortage crisis.

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

SECTION 1. That 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 Ordinance.

SECTION 2. The City Council hereby approves Case 5.1521 CZ, amending the current zone designation of the project site, 2700 East Alejo Road, from ‘Planned Research and Development Park’ (M-1-P) to ‘Single-Family Residential’ (R-1-C). The zoning map shall be updated to reflect said amendment.

SECTION 3. A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s CEQA Guidelines.

The City Council finds that, with the incorporation of mitigation measures, the implementation of the project will have a less than significant impact on the environment.

The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council‘s independent Item 1K - 4
Ordinance No. _____

Page 3 ends

judgment and analysis.

SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF _________, 2022.

LISA MIDDLETON
MAYOR
ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1K - 5
Ordinance No. _____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on March 24, 2022 and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1K - 6

CITY COUNCIL STAFF REPORT
04/07/2022 1. L.

City Clerk -

SUBJECT
SECOND READING AND ADOPTION OF ORDINANCE NO. 2063 APPROVING

THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING CODE AND MUNICIPAL CODE (CASE 5.1466 ZTA).

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2063 entitled," AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA)."
Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE: April 7, 2022 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2063

APPROVING THE ANNUAL UPDATE OF THE PALM SPRINGS ZONING
CODE AND MUNICIPAL CODE (CASE 5.1466 ZTA).

FROM: Justin Clifton, City Manager
BY: Monique Lomeli, Interim City Clerk
RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety and adopt Ordinance No. 2063 entitled, " AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA)."
BACKGROUND:

On March 24, 2022, the City Council introduced Ordinance No. 2063 for first reading, as noted below:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER WOODS, CARRIED 5-0, to introduce Ordinance No. 2063 entitled, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA).”
This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30-days from adoption.

REVIEWED BY:

Department Director: Monique Lomeli
City Manager: Justin Clifton
ATTACHMENT:

Ordinance No. 2063
Item 1L - 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF PALM SPRINGS,

CALIFORNIA, ADOPTING AN ANNUAL UPDATE TO THE
PALM SPRINGS ZONING CODE (CASE 5.1466 ZTA).

City Attorney’s Summary
This Ordinance provides for an update to certain terms, standards and regulations of the Palm Springs Zoning code as part of an annual process to keep the City’s zoning
ordinance up to date. The proposed changes have been
identified by staff and the City Attorney in working with and applying zoning regulations. No major policy changes are proposed as part of this annual update.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and
B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and
C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Development Services Director is authorized to initiate proceedings and recommend amendments to the Zoning Code; and
D. On November 11, 2021, the Planning Commission conducted a duly noticed public hearing to consider Case 5.1546 ZTA, an ordinance proposing minor corrections and additions to Section 93.23.01 (Automobile Service Stations) of the Zoning Code and, by a vote of 7 to 0, approved Resolution #6892 recommending approval of the Zoning Text Amendment to the City Council; and
E. On February 23, 2022, the Planning Commission conducted a duly noticed public hearing to consider Case 5.1466 ZTA, an ordinance proposing minor corrections and additions to the Zoning Code and, by a vote of 7 to 0, approved Resolution #6905 recommending approval of the Zoning Text Amendment to the City Council; and Item 1L - 2
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F. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text Amendment was given in accordance with applicable law; and G. On March 24, 2022, a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with applicable law where, by a __ to ___ vote, the City Council adopted the Zoning Text Amendment; and H. The proposed Zoning Text Amendment Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are submitted and reviewed for compliance with this Zoning Text Amendment, the City will conduct CEQA review as required by law; and I. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and J. The City Council hereby finds that approval of the proposed Zoning Text Amendment would:

1. Correct technical discrepancies in Zoning Code regulations;

2. Align language in the Zoning Code with other recent code amendments;

3. Bring certain zoning requirements into conformance with State law;

4. Implement goals and policies of the General Ps they relate to land use issues; and

5. Assist staff, elected and appointed officials, and the general public in interpreting and applying zoning regulations.

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

SECTION 2. Amend Section 91.00.10(B) (“Definitions”) to add the following definition:
“Youth center” means any public or private facility that is primarily used to host Item 1L - 3
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educational, recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, youth dance studios, or other similar facilities offering services and programs to minors.

SECTION 3. Amend Section 92.00.01(C) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use in the G-R-5 zone district:

10. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12; provided, the subject site must be located fronting on a major or secondary thoroughfare as indicated on the city’s general plan.

SECTION 4. Amend Section 92.01.01(A) (“Uses Permitted”) to rescind “Day care, small” and replace with the following use in the R-1 zone district:

5. Day care, small or large, pursuant to Section 93.14.00 SECTION 5. Amend Section 92.01.01(C) (“Uses Permitted by Land Use Permit”) to delete the following use from the R-1 zone district and to renumber all following uses accordingly:

1. Day care, large, pursuant to Section 93.14.00;
SECTION 6. Amend Section 92.01.01(D) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use from the R-1 zone district:

1. Type 3 accessory dwelling units, subject to the provisions of Section

93.23.14;
SECTION 7. Amend Section 92.03.01(A) (“Uses Permitted”) to add the following use to the R-2 zone district:

8. Day care, small or large, pursuant to Section 93.14.00; SECTION 8. Amend Section 92.03.01(C) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use in the R-2 zone district:

15. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12; provided, the subject site must be located fronting on a major or secondary thoroughfare as indicated on the city’s general plan.

SECTION 9. Amend Section 92.01.03(B)(5) (“Building Envelope”) to rescind and replace the building envelope and height restrictions for the R-1 zone districts as follows:

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5. Building Envelope. Buildings shall not exceed one (1) story and twelve (12) feet in height at the minimum setback. From the minimum setback, the height may be allowed to increase along a plane which has a slope of 4:12, until a building height of eighteen (18) feet is attained. Gable ends, dormers, shed roof eaves, butterfly or folded-plate roofs, and front entrance treatments, not exceeding fifteen (15) feet in height, may encroach past the building envelope limits. These regulations may be modified by the Architectural Review Committee for hillside lots pursuant to Section

94.06.01. SECTION 10. Amend Section 92.01.03(E)(5) (“Walls, Fences and Landscaping”) to rescind and replace the yard and landscape requirements for the R-1 zone districts as follows:

5. Walls, Fences and Landscaping.
a. The provisions of Section 93.02.00 shall apply, except that walls and fences, not exceeding six (6) feet in height, may be installed not less than fifteen (15) feet from the front property line (or future right-ofway line) on parcels which have frontage on major thoroughfares as indicated by the general plan.
b. Front and side front yards required under subsection (B) of this Section shall be developed and maintained with a majority (51%) of decorative landscape materials, unless a vehicle turnaround is required to avoid traffic hazards on an adjacent street in the opinion of the City Engineer, in which case a minimum of twenty-five percent (25%) decorative landscape material is required. The remainder of said front yard may be used for off-street parking, walkways, and other non-pervious surfaces as necessary to provide improved access from the adjacent right-of-way to the residence.

SECTION 11. Amend Section 92.04.01(A) (“Uses Permitted”) to add the following use to the R-3 zone district:

8. Day care, small or large, pursuant to Section 93.14.00; SECTION 12. Amend Section 92.04.01(D) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use in the R-3 zone district:

19. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

SECTION 13. Amend Section 92.05.01(A) (“Uses Permitted”) to add the following use to the R-4 zone district:

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7. Day care, small or large, pursuant to Section 93.14.00; SECTION 14. Amend Section 92.05.01(D) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use in the R-4 zone district:

7. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

SECTION 15. Amend Section 92.07.01(A) (“Uses Permitted”) to add the following use to the R-MHP zone district:

8. Day care, small or large, pursuant to Section 93.14.00; SECTION 16. Amend Section 92.09.01(D) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use in the C-B-D zone district:

16. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

SECTION 17. Amend Section 92.12.01(D) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use in the C-1 zone district:

24. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

SECTION 18. Amend Section 92.13.01(D) (“Uses Permitted by Conditional Use Permit”) to rescind and replace the following use in the C-1-AA zone district:

9. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12.

SECTION 19. Amend Section 92.16.01(D) (“Uses Permitted by Conditional Use Permit”) to add the following use to the M-1-P zone district and to renumber all following uses accordingly:

9. Cannabis cultivation facility only if located within a Cannabis Overlay Zone; otherwise, such facility is prohibited in the M-1-P zone. Where permitted, such facilities are also subject to the development standards contained in Section 93.23.15 of this Code;
SECTION 20. Amend Section 93.02.00(E)(1) (“Height Standards”) to rescind and replace the wall standards in subsection (1) as follows:

1. Walls and fences not exceeding six (6) feet in height shall be permitted in all side and rear yards and along side and rear lot lines, except as otherwise Item 1L - 6
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permitted by the “C-M,” “M-1P,” “M-1” and “M-2” zones, Sections

92.15.03(E), 92.16.03(E), 92.17.03(E) and 92.17.1.03(E). Where two (2) such walls or fences, or one (1) such wall and one (1) such fence are provided along each property line separating two (2) lots, there shall be no gap between said walls and/or fences.

SECTION 21. Amend Section 93.07.02 (“Trash Enclosures”) to rescind and replace the section as follows:

93.07.02 Trash and recycling enclosures.

A. A trash enclosure shall be provided for all uses in each zone district, except single-family zones. The requirements of this section shall not apply in the C-M, M-1, M-1-P and M-2 zones when a property is completely enclosed by walls and buildings. The trash enclosure shall be constructed so that the contents, including trash containers, recycling containers, and organic waste containers, shall not be visible from a height of five (5) feet above ground level on any street frontage.

The construction of the trash enclosure shall be constructed to the minimum standards established by the department of planning and building, shall be subject to architectural review (Section 94.04.00), and shall conform to the following general standards:

1. The enclosure shall be constructed of masonry block or decorative block or other durable material. Texture and color shall blend with the architecture of the building.

2. Height of the enclosure shall be sufficient to conceal the contents of the enclosure, including containers, but in no case, less than six (6) feet (for bins) or three (3) feet six (6) inches (for cans) measured from finish grade at the exterior of the enclosure.

3. Baffled openings to the enclosure are suggested; provided that, if all or a portion of the contents are stored in mechanically unloaded steel bins of the dumpster type, a gate with a clear opening of nine (9) feet shall be provided for access to the enclosure. Gate height shall be equal to enclosure height, and the gate shall be equipped with a latch or other device to insure the gate remains closed when not in use.

The gate shall be of a durable material, color and design which will blend with the enclosure. Contents of the enclosure shall not be visible when the gate is closed.

4. The enclosure shall be so oriented on the property that convenient access is provided for waste disposal service approved by the planning commission. If mechanically unloaded bins are utilized, Item 1L - 7
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paved access to the gate opening shall be provided which will allow entry of the waste disposal truck without excessive maneuvering.

5. The enclosure shall be constructed with a concrete floor and designed so that it can be washed out and kept in a sanitary condition.

B. Single-family Zones.

Trash containers shall be stored so that they are concealed from public view and located within fifty (50) feet of the street, alley or access way from which trash removal service is delivered.

C. Recyclable Material Enclosures.

1. At least one (1) recyclable materials enclosure, accommodating a minimum three (3) cubic yard bin, shall be provided for all uses as stated in Section 93.07.02 including single-family residential developments which include a trash collection area serving five (5) or more units. Such enclosure shall adhere to all requirements set forth in Section 93.07.02(A).

2. Recyclable material enclosures shall be incorporated into the required trash and organic waste enclosure structure or located in proximity to these enclosures.

3. Each enclosure shall include a sign, identifying the use of the bin for storage or recyclable materials, placed on the enclosure entrance gates and shall be no larger than two (2) square feet in size.

D. Organic Waste Material Enclosures.

1. At least one (1) organic waste material enclosure shall be provided for all uses as stated in Section 93.07.02 including single-family residential developments which include a trash collection area serving five (5) or more units. Such enclosure shall adhere to all requirements set forth in Section 93.07.02(A). The size of the organic waste material enclosure shall be based on the anticipated needs of the building or buildings being served.

2. Organic waste material enclosures shall be incorporated into the required trash and recyclable material enclosure structure or located in proximity to this structure.

3. Each enclosure shall include a sign, identifying the use of the bin for storage of organic waste materials, placed on the enclosure entrance gates and shall be no larger than two (2) square feet in size.

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SECTION 22. Amend Section 93.06.00(B)(3)(e) (“Nonconforming Parking”) to rescind and replace the exceptions for non-conforming parking as follows:
e. Exceptions.
i. Historic Structures. Class 1 and Class 2 historic buildings shall be exempt from the requirement to provide additional parking or pay inlieu fees for any new use allowed by the Zoning Code for the zone in which the historic building is located.
ii. Covered Parking for Residential. Single- or multi-family residential structures with non-conforming legally constructed covered parking shall be exempt from the requirement to provide additional covered parking or enlarging the covered parking area, if either (1) remodeling or adding to an existing dwelling or (2) establishing a Type 1 ADU in accordance with Section 93.23.14.

SECTION 23. Amend Section 93.09.00(D)(2) (“Dedication of Streets”) to rescind and replace the list of street dedications not required as follows:

2. Street dedication shall not be required as follows:
a. When a building permit is issued for the purpose of remodeling, and such remodeling does not involve extensive construction of the front of the building.
b. When a building permit is issued for an addition to a commercial, industrial or multifamily residential property which does not increase the floor area of an existing structure by more than ten (10) percent and such addition, in the opinion of the Building Official, does not increase the intensity of use of the property involved; c. When a building permit is issued for an addition to a single-family residential property which does not increase the floor area of an existing structure by more than forty (40) percent;
d. When a building permit is issued for the purpose of the demolition of a structure;
e. When a building permit is issued for the construction of a wall, as long as such wall is not to be constructed within an existing right-ofway or any future right-of-way as indicated by the general plan street plan;
f. When an Urban Lot Split application is approved in accordance with Item 1L - 9
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Section 9.62.055 of the Municipal Code.

SECTION 24. Amend Section 93.09.00(E) (“Improvements”) to rescind and replace the criteria for street improvements, including instances such improvements are not required, as follows:

E. Improvements.

1. The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Such street improvements shall include the half street, concrete curbs and gutters and sidewalks in accordance with adopted standards. If the City Engineer determines, in his reasonable discretion and based upon sound engineering principles that the public health, safety and welfare would be served by omitting or deferring installation of any portion of such street improvements, the building permit may be issued. The owner or owners of record of the premises to which the building permit would apply, shall provide a covenant to install such improvement when notified by the city to do so, or, alternatively, to waive and forego any protest of the formation of an assessment district for the installation of such improvement. Any such covenant shall run with the land, shall bind the owner(s) and his or their successors in interest, and shall be in form sufficient to enable the same to be recorded in the office of the county recorder of Riverside County. Fire hydrants shall be installed by the developer for all construction in accordance with the requirements of the fire department.

2. Street improvements shall not be required as follows:
a. When a building permit is issued for the purpose of
remodeling, and such remodeling does not involve extensive construction of the front of the building.
b. When a building permit is issued for an addition to a commercial, industrial or multifamily residential property which does not increase the floor area of an existing structure by more than ten (10) percent and such addition, in the opinion of the Director, does not increase the intensity of use of the property involved;
c. When a building permit is issued for an addition to a singlefamily residential property which does not increase the floor area of an existing structure by more than forty (40) percent; d. When a building permit is issued for the purpose of the Item 1L - 10
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demolition of a structure;
e. When a building permit is issued for the construction of a wall, as long as such wall is not to be constructed within an existing right-of-way or any future right-of-way as indicated by the general plan street plan;
f. When an Urban Lot Split application is approved in
accordance with Section 9.62.055 of the Municipal Code.

SECTION 25. Amend Section 93.13.00(B) (“Site Plan Approval”) to rescind and replace subsections (3) and (4) to include Architectural Review Committee review, as applicable, in the site plan approval process for hillside developments as follows:

3. Applicant may submit preliminary plans, including accurate topographical maps and grading plans pursuant to Section 94.04.00, to the planning commission or Architectural Review Committee, as applicable, for approval before detailed engineering and architectural plans are prepared. Such plans shall deviate a maximum of one (1) foot above or below final grade.

4. In approving final plans, the planning commission or Architectural Review Committee, as applicable, may require conditions which in their opinion are necessary to protect the public health, safety and general welfare, and may include the following:
a. Architectural approval as governed by Section 94.04.00 of the Zoning Code. Such architectural approval shall consider, but shall not be limited to, the following:
i. Rock and soil exposure,
ii. Size of building pads,
iii. Design considerations, such as supporting stilts, colors and building arrangement,
iv. Screening of parking areas,
v. Landscaping plans,
vi. Continuity with surrounding development,
vii. Sensitivity to existing view corridors;
b. And such other conditions that will make possible the development of the city in an orderly and efficient manner in conformity with the Item 1L - 11
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intent and purposes set forth in this Zoning Code.

SECTION 26. Amend Section 93.13.00(H) (“Fire Protection”) to rescind and replace text relative to Architectural Review Committee review, as applicable, for hillside developments as follows:

H. Fire Protection.

1. In areas where there will be a fire hazard, in the opinion of the fire chief of the city of Palm Springs, unobstructed fire protection equipment access easements shall be required. The fire chief shall recommend to the planning commission or Architectural Review Committee, as applicable, where such easements are needed.

2. The fire department may recommend to the planning commission or Architectural Review Committee, as applicable, that fire-resistant building and landscape materials be used in hazardous areas.

3. Water mains and water systems shall be sized to provide sufficient water to meet the firefighting requirements of the area involved. The fire chief shall review proposed systems in relation to the insurance services office standards for water systems and make recommendations to the planning commission or Architectural Review Committee, as applicable.

SECTION 27. Amend Section 93.20.04(B) (“Prohibited Signs”) to add the following sign type to the list prohibited signs as follows:

14. Vehicle signs attached to or painted on motor vehicles that are parked on or adjacent to property for more than 24 consecutive hours, the principal purpose of which is to attract attention to a product sold or business located on the property.

SECTION 28. Rescind and replace Section 93.23.01 of Chapter 93 of the Palm Springs Zoning Code as follows:

93.23.01 Automobile Service Stations.

Automobile Service Stations shall comply with the following provisions in addition to zone provisions and conditions imposed in a conditional use permit. Any modification to the use of an automobile service station, or accessory use, shall require an amendment to the conditional use permit.

A. Location.

1. The site shall have two hundred (200) feet of frontage on a major or secondary thoroughfare.

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2. The site shall not adjoin an existing hotel or residential use at the time of its establishment.

3. The minimum distance from the site to a property containing a school, park, playground, church, museum or similar use shall be two hundred fifty (250) feet. The minimum distance to a residential zone shall be one hundred seventy-five (175) feet.

4. The minimum distance between properties containing automobile service stations shall be five hundred (500) feet, except that service stations that are approved as part of a master plan are exempt from this requirement, and except that two (2) automobile service stations may be permitted at intersections formed by streets both of which have a forecasted average daily volume of twenty-five thousand (25,000) trips according to the adopted general plan or other subsequent city-approved comprehensive traffic study.

B. Access.

Access drives shall be at least thirty (30) feet from any street corner measured from the intersection of the ultimate right-of-way lines; the city engineer may require a greater distance based upon street and traffic characteristics. All drives shall be designed to provide vehicle queuing in a manner that minimizes possible hazard or slowing of vehicles on adjacent city streets. Reciprocal access/parking arrangements may be with adjacent properties to enhance public convenience and safety.

C. Utility Trailers.

Utility trailers, not exceeding ten (10) in number, may be stored for rent on service stations only in the C-2, C-M and M-1 zones; provided, they are screened from view and do not occupy any required parking spaces.

D. Walls.

A solid masonry wall six (6) feet in height shall be erected on all interior property lines which abut property in a residential zone or wherever else deemed necessary by the planning commission.

E. Paving and Landscaping.

The entire ground area shall be paved except that a minimum of ten (10) percent of the site area shall be reserved for landscaping. Landscaping shall be provided in accordance with the requirements of Chapter 92 and Section 93.06.00.

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F. Lighting.

Lighting shall conform to the requirements of Section 93.21.00.

G. Outside Operation.

Operations outside permanent structures shall be limited to the dispensing of gasoline, oil, water, air, electric vehicle charging, or other activities as approved under the conditional use permit. There shall be no outside storage or display of tires, oil or other products and accessories. The sale of liquid propane gas (LPG) may be permitted if approved in connection with the conditional use permit and architectural review. After approval of the conditional use permit, the sale of LPG may be permitted if approved in conjunction with a land use permit.

H. Noise.

Noise shall be muffled so as not to become objectionable due to intermittence, beat frequency or shrillness, and the decibel level measured at property lines shall not exceed street background noise normally occurring at the site location.

I. Principal Building.

Conditioned space shall be provided for employees of the service station, with adequate area for administrative functions. Accessible public restrooms shall be provided in accordance with building code requirements and pursuant to Palm Springs Municipal Code Section 8.04.901; restrooms shall be accessible to patrons during all hours that the business is open to the public.

J. Accessory Commercial Uses.

Accessory retail sales of food, groceries and sundries shall be contained within an indoor retail space. Display and storage of accessory or secondary non-automotive commercial uses shall be totally within the principal building.

K. Sale of Beer, Wine, Liquor or Other Alcoholic Beverages.

Sales of beer, wine, liquor or other alcoholic beverages from the same location as gasoline and other motor vehicle fuel sales may be permitted under the following conditions:

1. Such sales must be offered only in conjunction with the secondary Item 1L - 14
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retail sale of food, groceries and sundries in which not less than seventy-five (75) percent by value of the retail sales of all products, other than gasoline and other motor vehicle fuels, comprises sales of products other than beer, wine, liquor and other alcoholic beverages.

2. Video recording surveillance cameras shall be used to record all purchases and attempted purchases of alcoholic beverages. Signs shall be posted, one (1) outside the building at or near the gasoline servicing area and another inside the building near the cash registers notifying the public that “all alcoholic beverage transactions are monitored in cooperation with the Palm Springs Police Department.” The videotape equipment used shall be such as to record at least twenty-four (24) hours of operation, the tapes shall be maintained for the prior seventy-two (72) hours, and the film shall be made available to any representative of the Palm Springs Police Department within twenty-four (24) hours of a request. The tapes shall be made available for use in evidence against any person who purchased or attempted to purchase alcoholic beverages as well as for use in any court or administrative proceeding regardless of the type of criminal activity or the party or parties involved.

L. Signs.

All signage shall conform to the provisions of Section 93.20.00.

M. Electric Vehicle Charging Spaces.

A minimum of one (1) electric vehicle charging space shall be provided.

Additional electric vehicle charging spaces may be required pursuant to Section 93.06.00.

SECTION 29. Amend Section 93.23.12 (“Condominium Hotels. (formerly

93.15.10)”) to rescind and replace subsections (B) and (C) to modify the review process from a Planned Development District to a Conditional Use Permit as follows:

B. Zones in Which Condominium Hotels are permitted—Conditional Use Permit Application Required.

A condominium hotel shall be permissible only in such zones and at such locations therein where a hotel use or resort hotel use would be permitted.

Before an application for a condominium hotel may be approved, a Conditional Use Permit application shall be prepared and adopted for the property on which the condominium hotel will be located and shall include a comprehensive land use plan that complies with the goals and policies of the general plan and the requirements of this section. The Conditional Use Item 1L - 15
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Permit application shall include such components and elements necessary or appropriate to ensure the provision of services and improvements and the payment of fees, charges, and/or assessments to offset any negative or adverse financial or fiscal effects on the city or the city’s ability to provide services to the project, neighboring properties, and the city as a whole. In approving a Conditional Use Permit for a condominium hotel, the planning commission may impose reasonable conditions of approval. A tentative tract map may also be submitted for approval with the Conditional Use Permit application.

C. Findings Required.

In approving a Conditional Use Permit for a condominium hotel, the planning commission shall make the following findings in addition to those specified in Section 94.02.00 of this Code:

1. CC&Rs and/or other documents satisfactory to the Director and city attorney will be recorded to ensure the long term maintenance and operation of the condominium hotel in accordance with this chapter and the terms of any permits or approvals issued for the condominium hotel and to provide notice to future purchasers of the city’s right to enforce the CC&Rs and/or other documents, this chapter, and the terms of any permits or approvals issued for the condo-hotel.

2. The proposed condominium hotel does not involve the conversion or the replacement of a hotel, resort hotel, or hotel or resort hotel units, constructed on or before July 1, 2007.

SECTION 30. Amend Section 93.23.14 (“Accessory Dwelling Units”) to rescind and replace subsection (D)(3) to correct a code reference for Type 3 ADU review as follows:

3. Type 3: Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not satisfy the requirements of subsection D.1 or D.2 may be allowed by the City upon approval of a conditional use permit in accordance with the requirements of PSZC Section 94.02.00.

SECTION 31. Amend Palm Springs Municipal Code Section 8.05.170 (“Appeals and Review”) to rescind and replace subsections (A) and (B) relative to the Historic Preservation appeal process follows:

8.05.170 Appeals and Review.

An applicant or aggrieved person may appeal or a City Councilmember may request Council review of any decision under Article IV of this chapter upon written Item 1L - 16
Ordinance No.

Page 16 ends

request as follows:

A. Actions of the HPO as the Approval Authority. Where the HPO is acting as the approving authority for an application, the applicant or aggrieved person may appeal the decision to the HSPB by written request. The appeal must be filed with the Office of the City Clerk within ten (10) days following the date the HPO issues notification to the applicant of the decision. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section. Upon receipt of the appeal request, the HPO shall schedule the appeal for consideration by the HSPB no more than fortyfive (45) days following the filing of the appeal unless the parties waive such time limits.

B. Actions of the HSPB as the Approval Authority. Where the HSPB is acting as the approving authority for an application, the applicant or aggrieved person may appeal the decision to the City Council by written request. The appeal must be filed with the Office of the City Clerk within ten (10) days following the date of the HSPB’s decision. The City Council may establish a fee to be paid in connection with the filing of an appeal under this Section.

Upon receipt of the appeal request, the City Clerk shall schedule the appeal for consideration by the City Council no more than forty-five (45) days following the filing of the appeal unless the parties waive such time limits.

SECTION 32. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 33. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.

SECTION 34. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS ______ DAY OF ___________________, ______.

Item 1L - 17
Ordinance No.

Page 17 ends

LISA MIDDLETON
MAYOR
ATTEST:

MONIQUE LOMELI, CMC

INTERIM CITY CLERK
Item 1L - 18
Ordinance No.

Page 18 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, MONIQUE LOMELI, Interim City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on __________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.

MONIQUE LOMELI, CMC

INTERIM CITY CLERK

Item 1L - 19

CITY COUNCIL STAFF REPORT
04/07/2022 2. A.

City Clerk -

SUBJECT

AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF THE

DECISION BY THE PLANNING COMMISSION TO DENY MAJOR

ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD SETBACK AND THE MAXIMUM BUILDING HEIGHT OF

23.6 FEET ON A 15,173-SQUARE-FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE

3.4215 MAJ & CASE 7.1632 AMM)
RECOMMENDATION:

1. Open the appeal hearing and receive testimony.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED AND UPHOLDING THE
PLANNING COMMISSION’S DECISION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM)
APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM
BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM).”

2. Alternatively, adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR
MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT
SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM).”

3. Attachments
Item 2A
Attachment 11 - Public Comment

CITY COUNCIL STAFF REPORT
DATE: APRIL 7, 2022 PUBLIC HEARING
SUBJECT: AN APPEAL BY ERIC KRUT OF CARMELITA PROPERTIES LIMITED OF

THE DECISION BY THE PLANNING COMMISSION TO DENY MAJOR

ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR
MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE

7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH A 10-FOOT FRONT YARD
SETBACK AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON A 15,173-SQUARE-FOOT UNDEVELOPED HILLSIDE PARCEL LOCATED
AT 310 WEST CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE

3.4215 MAJ & CASE 7.1632 AMM)
FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:

This is a request for the City Council to consider an appeal by Eric Krut of Carmelita Properties Limited to overturn the decision made by the Planning Commission to deny Major Architectural (MAJ) and Administrative Minor Modification (AMM) applications, Case 3.4215 MAJ and Case 7.1632 AMM, for the construction of a 3,278-square-foot single-family residence with a 10-foot front yard setback and the maximum building height of 23.6 feet on a 15,173-square-foot undeveloped hillside parcel. Staff recommended approval of the project to the Planning Commission subject to conditions of approval; however, the Planning Commission voted 4-1-2 to deny the applications on February 23, 2022.

RECOMMENDATION:
1) Open the appeal hearing and receive testimony; and
2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY ERIC

KRUT OF CARMELITA PROPERTIES LIMITED AND UPHOLDING THE
PLANNING COMMISSION’S DECISION TO DENY MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET Item 2A - 1
City Council Staff Report
April 7, 2022 -- Page 2
Case 3.4215 MAJ & Case 7.1632 AMM Appeal
ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST
CRESTVIEW DRIVE, ZONE R-1-C, SECTION 27 (CASE 3.4215 MAJ & CASE

7.1632 AMM).”; or
2) Alternatively, adopt Resolution No. ____, “A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE PLANNING COMMISSION’S DECISION TO DENY AND APPROVING

MAJOR ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR
MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-SQUARE-FOOT SINGLEFAMILY RESIDENCE WITH THE FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW DRIVE, ZONE R-1- C, SECTION 27 (CASE 3.4215 MAJ & CASE 7.1632 AMM).”
BUSINESS PRINCIPAL DISCLOSURE:

The applications were submitted by Eric Hawkins, AIA, of Hawkins + Marshall, on behalf of Carmelita Properties Limited. James H. Moore and Eric Krut are the officers and directors of the entity. James H. Moore is the sole owner of the entity. The Public Integrity Disclosure Form is included with this staff report as Attachment 3.

BACKGROUND:

On February 23, 2022, the Planning Commission voted 4-1-2 (No: Roberts; Absent: Ervin & Moruzzi) to deny the applications following prior reviews by the ARC and Planning Commission. The history of the application review is summarized in the table below, and the excerpts of the meeting minutes that are relevant to the project are attached to this Staff Report (Attachment 6). The Planning Commission’s grounds for denial are explained in the attached Resolution No. 6901 (Attachment 7).

Related Relevant City Actions
06/07/2021 Architectural Advisory Committee (AAC) reviewed the proposed project and voted unanimously for further study.
07/19/2021 Architectural Review Committee (ARC) reviewed the proposed project and voted unanimously for further study.
08/30/2021
ARC reviewed the proposed project and voted unanimously to recommend approval to the Planning Commission subject to conditions of approval.
12/08/2021
Planning Commission reviewed the proposed project and voted unanimously to continue to date certain of January 12, 2022, with the direction to the applicant to install story poles and submit better renderings from all views for further review.

Item 2A - 2
City Council Staff Report
April 7, 2022 -- Page 3
Case 3.4215 MAJ & Case 7.1632 AMM Appeal
Related Relevant City Actions
01/12/2022
Planning Commission reviewed the proposed project and voted unanimously to continue to date certain of January 26, 2022, with the direction to the applicant to: 1) provide a certification of story pole installation; 2) tie strings from a pole to a pole to depict the building massing; 3) provide revised renderings to show the design of the rear of the proposed residence with peers and a reduction of the overall building height by one (1) foot; and 4) provide a revised landscape plan for further review.
01/26/2022 Planning Commission voted 6-1 (Absent: Hirschbein) to continue to date certain of February 9, 2022.
02/09/2022 Planning Commission voted unanimously to continue to date certain of February 23, 2022.
02/23/2022 Planning Commission voted 4-1-2 (No: Roberts; Absent: Ervin & Moruzzi) to deny the project.

Pursuant to Palm Springs Zoning Code Section 94.04.00(D)(1)(e), the Planning Commission’s decision is final unless further appeal is made to the City Council in the manner provided by Chapter 2.05 of the Palm Springs Municipal Code. On March 3, 2022, the applicant filed an appeal request in accordance with the applicable law. The Appeal Form is attached to this staff report (Attachment 4), and an addendum to the Appeal Form was submitted by Eric Hawkins, project architect, to the Planning Division on March 21, 2022, on behalf of the appellant (Attachment 5).

PROPOSED PROJECT:

The applicant is proposing to construct a 3,278-square-foot single-family residence, which includes a 2,775-square-foot primary residence and a 503-square-foot detached garage, on a 15,173-square-foot undeveloped hillside parcel. The proposed residence meets the R-1-C Zone development standards of Palm Springs Zoning Code Section 92.01.03, except for the proposed 10-foot front yard setback and the maximum building height of

23.6 feet. Pursuant to Palm Springs Zoning Code Section 94.06.01(A)(10), a 10-foot front yard setback and a building height not exceeding 30 feet is allowed on a hillside parcel subject to Administrative Minor Modification (AMM) approval. The conformance of the project to the applicable development standards is analyzed in Attachment 8, and the development plans and supplementary materials that were denied by the Planning Commission on February 23, 2022, are attached to this staff report as Attachments 9 & Attachment 10).

APPELLANT’S GROUNDS FOR APPEAL REQUEST:

In the Appeal Form (Attachment 4), the appellant explains the basis for filing the appeal request as follows:

Item 2A - 3
City Council Staff Report
April 7, 2022 -- Page 4
Case 3.4215 MAJ & Case 7.1632 AMM Appeal
1) “The home design was unanimously approved by the ARC.” 2) “The Planning Department recommended approval at the first and every subsequent hearing.”
3) “ARC and Planning Commission have provided conflicting direction and comments as to site and design.”
4) “Both homes comply with all current regulations – city, county, and state.” Additionally, the appellant submitted an addendum on March 21, 2022, to further explain their grounds for appeal below, which is also attached to this staff report (Attachment 5). “As part of the adoption of the General Plan in 2007, which is used as the basis for objections 1 and 3 by the Planning Commission, development restrictions were placed on properties that contained slopes steeper than 30% which were not in place at the time of construction of any of the surrounding homes. This single-handedly prevents the desired consistency with "the historic development pattern of the neighborhood" where large flat pads could be created on the surrounding hillside lots. The proposed design is a direct response to this portion of code as the cantilevered design avoids grading on the hillside, maintaining the natural quality of the hillside as is desired by the Community Design Element. Furthermore, the Community Design Element of the General Plan contains many additional objectives than are mentioned in the Planning Commission findings. The full context of desired objectives of the Community Design Plan is the following:

This part of the General Plan focuses on Citywide and neighborhood-level details rather than project- and parcel-based specifics. The objectives of this element are to:
- Preserve and enhance the visual quality of the City
- Reinforce/Strengthen the community identity of Palm Springs - Protect and strengthen the sense of place and character of neighborhoods
- Enhance vehicular and pedestrian corridors through the use of consistent design features
- Enhance the energy, vitality, and urban village character of the downtown
- Retain the architectural quality and diversity of Palm Springs - Protect the character of historic neighborhoods
- Protect viewsheds and scenic corridors
- Encourage environmentally friendly and sustainable design and building practices
Our projects promote the desired architectural diversity as is consistent with not only the City of Palm Springs, but also with the neighborhood of the Mesa. A defining feature such as a cantilever in this neighborhood only Item 2A - 4
City Council Staff Report
April 7, 2022 -- Page 5
Case 3.4215 MAJ & Case 7.1632 AMM Appeal
ADDS to the diversity of the neighborhood architecture, as opposed to mimicking the historic development patterns that are no longer viable due to code changes over the years. Variety and Character in the form of differing materials, rooflines, massing, etc. were all requested qualities of the designs by both the ARC and the Planning Staff, resulting in unanimous approval by the ARC and recommendation of approval by the Planning Staff. Planning Commission's determination contradicts not only the intention of the Community Design Element it references, but also the direct design guidance that was provided by the ARC and the Planning Staff in the preceding stages of review. Furthermore, the Planning Commission rejects the Minor Modifications solely based on their interpretation of the projects not being consistent with the General Plan. Despite the fact that the projects ARE consistent with the General Plan, as noted above, AND are direct responses to both the ARC and Planning Staff recommendations, the neighboring houses consistently have a reduced front setback, in many cases much less than the 10' being requested. The proposed building heights were significantly adjusted numerous times throughout the ARC process, ultimately resulting in a unanimous approval. Planning Staff nor ARC ever requested or advised on maintaining a maximum height of 18'. Instead, they supported the pursuit of an AMM and asked for specific incremental reductions in height which we complied with, resulting in unanimous approval.

In response to Finding #2, the average size of the homes in the immediate neighborhood is 2563 sf. Additionally, many of the more recent developments in the Mesa are much larger than this. Our respective proposed projects of 2775 sf and 2811 sf are clearly not significantly larger than the average in the immediate neighborhood as is claimed by the Planning Commission and are significantly smaller than some of the more contemporary construction in the neighborhood. Furthermore, our rooflines are lower than the surrounding neighbor's homes behind and next to our properties. These were direct design responses to the ARC and City Planning Staff criteria so that perceived massing would be minimized and viewshed corridors would be maintained.”
STAFF ANALYSIS:

Staff responds to the appellant’s grounds for filing an appeal request, which are stated in the previous paragraph (‘Appellant’s Grounds for Appeal Request’), as follows:
1) “The home design was unanimously approved by the ARC.” The applications, Case 3.4215 MAJ and Case 7.1632 AMM, were submitted prior to the City Council adoption of Ordinance No. 2042, which amended the architectural review procedures and approval authority. Hence, the proposed project was reviewed in Item 2A - 5
City Council Staff Report
April 7, 2022 -- Page 6
Case 3.4215 MAJ & Case 7.1632 AMM Appeal
accordance with the pre-amendment architectural review procedures, which required ARC (formerly AAC – The Planning Commission Architectural Advisory Committee) and Planning Commission review.

As an advisory body to the Planning Commission, the ARC’s authority in reviewing a Major Architectural (MAJ) application was limited to recommending approval, conditional approval, or denial to the Planning Commission. The Planning Commission, not the ARC, has the authority to approve, conditionally approve, or deny the project, subject to appeal to the City Council. Although the ARC/AAC recommended approval of the project to the Planning Commission subject to conditions of approval on August 30, 2021, it was not official approval of the project.
2) “The Planning Department recommended approval at the first and every subsequent hearing.”
The actions recommended by Staff to the AAC, ARC, and Planning Commission are summarized in the table below:

Meeting Date Review Body Recommended Actions by Staff
06/07/2021 AAC Continuation for further study
07/19/2021 ARC Recommend denial to the Planning
Commission
08/30/2021 ARC Recommend approval to the Planning
Commission subject to conditions
12/08/2021 Planning Commission Approve, subject to conditions 01/12/2022 Planning Commission Approve, subject to conditions 02/23/2022 Planning Commission Approve, subject to conditions The excerpts of meeting minutes from the previous ARC and Planning Commission meetings are attached to this staff report (Attachment 6). Staff interpreted and analyzed the General Plan policies and zoning ordinance regulations in preparing findings and delivering recommendations to the ARC and Planning Commission. However, the ARC and Planning Commission are at liberty to exercise their own independent judgment in reviewing the project consistent with applicable law. In this case, contrary to the findings prepared by Staff, the Planning Commission found that the proposed project is neither consistent with the intent of the General Plan Community Design Element nor compatible with the surrounding development and the development pattern of the neighborhood. The City Council is now authorized to render a decision on appeal with regards to the project. 3) “ARC and Planning Commission have provided conflicting direction and comments as to site and design.”
Item 2A - 6
City Council Staff Report
April 7, 2022 -- Page 7
Case 3.4215 MAJ & Case 7.1632 AMM Appeal
To the extent that the Planning Commission exercised its independent judgment and viewed the project differently from the ARC, the Commission may have, in fact, given “conflicting direction” by making different findings. However, as noted in Staff Analysis #1 above, the Planning Commission was not required to follow the ARC’s recommendations, and the Commission believed that the required findings could not be made for the project.

This matter is now before the City Council on appeal.
4) “Both homes comply with all current regulations – city, county, and state.” The proposed residence at 310 West Crestview Drive conforms to the R-1-C Zone development standards except for the 10-foot front yard setback and the maximum building height of 23.6 feet. The applicant submitted an Administrative Minor Modification (AMM) application, Case 7.1632 AMM, to address the setback and building height conformance issues as prescribed in Palm Springs Zoning Code Section 94.06.01(A)(10).

However, the Planning Commission found that AMM application is not consistent the General Plan. Without AMM approval, the project does not meet the zoning code. The construction of a single-family residence within a residential zone is categorically exempt from further environmental review in accordance with Section 15303(a) of the CEQA Guidelines.

PUBLIC COMMENTS:

The public comments the Planning Division has received relative to the proposed project are identified as Attachment #11. Due to the volume and length of the comments received, all public comment materials are available at the following link:
https://publicportal.palmspringsca.gov/WebLink/Browse.aspx?id=1301607&dbid=0&rep o=CityHall-Primary
ENVIRONMENTAL ASSESSMENT:

If the applicant’s appeal request is denied, the action will be statutorily exempt from the terms of the California Environmental Quality Act (“CEQA”), because “CEQA does not apply to projects which the public agency rejects or disapproves” per Section 15270(a) of the CEQA Guidelines. Should the City Council decide to approve this project, however, the proposed development is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”) and has been determined to be categorically exempt pursuant to Section 15303(a) of the CEQA Guidelines (Class 3, New Single-Family Residence).

FISCAL IMPACT:

No fiscal impact.

Item 2A - 7
City Council Staff Report
April 7, 2022 -- Page 8
Case 3.4215 MAJ & Case 7.1632 AMM Appeal
REVIEWED BY:

Assistant Planning Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

1. Vicinity Map

2. Draft City Council Resolutions & Exhibit A

3. Public Integrity Disclosure Form

4. Appeal form

5. Addendum submitted by Eric Hawkins on behalf of the appellant

6. Excerpts of ARC and Planning Commission meeting minutes relative to the project

7. Resolution No. 6901

8. Development standards analysis

9. Plans denied by the Planning Commission on February 23, 2022

10.Renderings

11.Public comments (Available at the following link):
https://publicportal.palmspringsca.gov/WebLink/Browse.aspx?id=1301607&dbid= 0&repo=CityHall-Primary
Item 2A - 8
ATTACHMENT 1
Item 2A - 9
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Carmelita Properties Limited
310 West Crestview Drive (APN: 513-361-024)
Case 3.4215 MAJ & Case 7.132 AMM
Item 2A - 10
L,egend
~ Project Site
D 500-Foot Rad iu s
ATTACHMENT 2
Item 2A - 11
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS CALIFORNIA DENYING THE APPEAL BY ERIC KRUT

OF CARMELITA PROPERTIES LIMITED AND UPHOLDING THE
PLANNING COMMISSION’S DECISION TO DENY MAJOR

ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR
MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND
CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-

SQUARE-FOOT SINGLE-FAMILY RESIDENCE WITH THE
FRONT YARD SETBACK OF 10 FEET AND THE MAXIMUM
BUILDING HEIGHT OF 23.6 FEET ON AN UNDEVELOPED
HILLSIDE PARCEL LOCATED AT 310 WEST CRESTVIEW
DRIVE, ZONE R-1-C, SECTION 27.

WHEREAS, Eric Hawkins of Hawkins + Marshall (“Applicant”) filed a Major Architectural (MAJ) application, Case 3.4215 MAJ, with the Planning Division of the City of Palm Springs Development Services Department on behalf of Carmelita Properties Limited, property owner, pursuant to Section 94.04.00 (Architectural Review) of the Zoning Ordinance for the construction of a new 3,278-square-foot single-family residence on a 15,173-square-foot undeveloped hillside parcel located at 310 West Crestview Drive, Zone R-1-C, Section 27.

WHEREAS, Eric Hawkins of Hawkins + Marshall (“Applicant”) filed an Administrative Minor Modification (AMM) application, Case 7.1632 AMM, with the Planning Division of the City of Palm Springs Development Services Department on behalf of Carmelita Properties Limited, property owner, pursuant to Palm Springs Zoning Code Section 94.06.01(A)(10). The AMM application was filed for: 1) a 10-foot front yard setback instead of the code-required 25-foot minimum, and 2) the maximum building height of 23.6 feet instead of the code-required maximum 18 feet.

WHEREAS, on June 7, 2021, the Architectural Advisory Committee (AAC) reviewed the project and voted 6-2 (Absent: Lockyer and Poehlein) for the project to be continued for further study.

WHEREAS, on July 19, 2021, the Architectural Review Committee (ARC) reviewed the project and voted unanimously for the project to be continued for further study.

WHEREAS, on August 30, 2021, the Architectural Review Committee (ARC) reviewed the project and voted 6-0 (1 absent, Doczi, 1 Abstain, Jakway) to recommend approval to the Planning Commission subject to the conditions of approval. The conditions of approval are:

1. The ARC to review landscape plan that includes additional materials in naturalized appearance.

2. Lower the height of garage parapet.

3. Reduce the rear portion of the proposed residence by 2 feet as recommended by staff.

Item 2A - 12
Resolution No. _____

Page 2 ends

WHEREAS, on December 8, 2021, the Planning Commission reviewed and voted unanimously to continue the project to a date certain of January 12, 2022 with a condition that the applicant install story poles and provide additional renderings.

WHEREAS, On January 12, 2022, the Planning Commission reviewed and voted unanimously to continue the project to a date certain of January 26, 2022 with a condition that the applicant provide the following:

1. Certification of story pole accuracy (including their heights and locations) from the installing engineer/surveyor.

2. Story pole installation with ribbon/string between the story poles to clearly show the proposed massing.

3. Revised renderings to accurately depict proposed structures, including the following specific changes:
a. Pier designs where proposed
b. Reduction of one (1)-foot-height as outlines in the conditions

4. Provide landscape plan that includes proposed redivisions recommended by the ARC.

WHEREAS, on January 26, 2022, the Planning Commission voted 6-1 (Absent:

Hirshbein) to continue the project to a date certain of February 9, 2022.

WHEREAS, on February 9, 2022, the Planning Commission voted unanimously to continue the project to a date certain of February 23, 2022.

WHEREAS, on February 23, 2022, a public meeting on the applications to consider Case 3.4215 MAJ and Case 7.1632 AMM was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 4-2 (Absent: Ervin & Moruzzi) -1 (Noes: Roberts) to deny the applications based on the findings that the proposed project is neither consistent with the intent of the General Plan Community Design Element nor compatible with the surrounding development and the development pattern of the neighborhood.

WHEREAS, on March 3, 2022, Eric Krut of Carmelita Properties Limited timely filed an appeal to the City Council of the February 23, 2022 Planning Commission’s decision to deny Case 3.4215 MAJ and Case 7.1632 AMM in accordance with applicable law.

WHEREAS, on April 7, 2022, an appeal hearing on Case 3.4215 MAJ and Case

7.1632 AMM were held by the City Council in accordance with applicable law.

WHEREAS, the proposed project is statutorily exempt from the terms of the California Environmental Quality Act (“CEQA”), because “CEQA does not apply to projects which the public agency rejects or disapproves” per Section 15270(a) of the CEQA Guidelines.

WHEREAS, the City Council has carefully reviewed and considered all of the Item 2A - 13
Resolution No. _____

Page 3 ends

evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented.

WHEREAS, pursuant to Section 94.04.00 (Architectural Review) of the Palm Springs Zoning Code, the City Council finds that, based upon the following factors, the proposed project will not provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments:

1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas.

The proposed residence includes a prominent cantilever which projects into the canyon in the rear. The Community Design Element of the Palm Springs 2007 General Plan states, “The City of Palm Springs is visually defined by both its natural and built environments. Traditionally. The City’s built environment has respected and complemented the natural environment…” (Palm Springs 2007 General Plan, Community Design Element, page 9-2). The rear portion of the proposed residence projects into the canyon far more than other existing residences in the neighborhood. Therefore, the proposed project is not consistent with the historic development pattern of the neighborhood and does not meet this finding.

2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted
The rear portion of the proposed residence extends into the canyon much further than other residences that are located on the rim of the canyon, and the massing of the proposed residence is greater than other existing residences in the immediate neighborhood. Therefore, the proposed residence is not harmonious with its surroundings, and it does not meet this finding.

3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment;
The massing of the proposed residence is greater than other residences in the neighborhood. The proposed project does not meet the maximum building height and minimum front yard setback requirements of the zoning code. In order for the project to meet this finding, the project requires the approval of an Administrative Minor Modification (AMM) application for the proposed building height increase and reduced front yard setback. However, as explained in this resolution below, the proposed project does not meet the findings that are required for AMM approval. Therefore, the proposed project does not meet this finding.

Item 2A - 14
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WHEREAS, the findings for an Administrative Minor Modification (AMM) request are outlined in Section 94.06.01(B)(3) (Minor Modifications) of the Palm Springs Zoning Code (PSZC), and the City Council finds as follows:

1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.

The approval of this AMM application is requested for an increase in the maximum allowable building height and a front yard setback reduction for a hillside singlefamily residence in accordance with Palm Springs Zoning Code Sections

92.01.03(B)(5) and 94.06.01(A)(10). The project proposes the building height of

23.6 feet and a 10-foot front yard setback. As explained in finding above, AMM approval is requested for a project which is not consistent with the Community Design Element of the Palm Springs 2007 General Plan that states, “The City of Palm Springs is visually defined by both its natural and built environments.

Traditionally. The City’s built environment has respected and complemented the natural environment…” (Palm Springs 2007 General Plan, Community Design Element, page 9-2). Therefore, the proposed project does not meet this finding.

2. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood.

This AMM approval is requested for a proposed residence with a prominent cantilever, which projects into the canyon in the rear far more than other existing residences on the rim. Additionally, the massing of the proposed residence is greater than other residences found in the neighborhood. Since the proposed project is not consistent with the historic development pattern of the neighborhood, it does not meet this finding.

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

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

SECTION 2. That the proposed project is statutorily exempt from the terms of the California Environmental Quality Act (“CEQA”), because “CEQA does not apply to projects which the public agency rejects or disapproves” per Section 15270(a) of the CEQA Guidelines.

SECTION 3. That the City Council hereby denies the appeal by Eric Krut of Carmelita Properties Limited and upholds the Planning Commission’s decision to deny Major Architectural (MAJ) and Administrative Minor Modification (AMM) applications, Case 3.4215 MAJ and Case 7.1632 AMM, for the construction of a 3,278-square-foot single-family residence with the front yard setback of 10 feet and the maximum building Item 2A - 15
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height of 23.6 feet on an undeveloped hillside parcel located at 310 West Crestview Drive, Zone R-1-C, Section 27.

ADOPTED THIS 7TH DAY OF APRIL, 2022.

JUSTIN CLIFTON

CITY MANAGER
ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 2A - 16
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, MONIQUE M. LOMELI, Interim 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 _______________________, 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 ______________, _________.

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 2A - 17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS CALIFORNIA OVERTURNING THE PLANNING
COMMISSION’S DECISION TO DENY AND APPROVING MAJOR

ARCHITECTURAL (MAJ) AND ADMINISTRATIVE MINOR
MODIFICATION (AMM) APPLICATIONS, CASE 3.4215 MAJ AND
CASE 7.1632 AMM, FOR THE CONSTRUCTION OF A 3,278-

WHEREAS, on June 7, 2021, the Architectural Advisory Committee (AAC) reviewed the project and voted 6-2 (Absent: Lockyer and Poehlein) for the project to be continued for further study.

WHEREAS, on July 19, 2021, the Architectural Review Committee (ARC) reviewed the project and voted unanimously for the project to be continued for further study.

1. The ARC to review landscape plan that includes additional materials in naturalized appearance.

2. Lower the height of garage parapet.

3. Reduce the rear portion of the proposed residence by 2 feet as recommended by staff.

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1. Certification of story pole accuracy (including their heights and locations) from the installing engineer/surveyor.

2. Story pole installation with ribbon/string between the story poles to clearly show the proposed massing.

4. Provide landscape plan that includes proposed redivisions recommended by the ARC.

WHEREAS, on January 26, 2022, the Planning Commission voted 6-1 (Absent:

Hirshbein) to continue the project to a date certain of February 9, 2022.

WHEREAS, on February 9, 2022, the Planning Commission voted unanimously to continue the project to a date certain of February 23, 2022.

WHEREAS, on April 7, 2022, an appeal hearing on Case 3.4215 MAJ and Case

7.1632 AMM was held by the City Council in accordance with applicable law.

WHEREAS, the proposed project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and, if approved, has been determined to be categorically exempt pursuant to Section 15303(a) of the CEQA Guidelines (Class 3, New Single-Family Residence).

WHEREAS, the City Council has carefully reviewed and considered all of the Item 2A - 19
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WHEREAS, pursuant to Section 94.04.00 (Architectural Review) of the Palm Springs Zoning Code, the City Council finds that, based upon the following factors, the proposed project will provide a desirable environment for its occupants as well as being compatible with the character of adjacent and surrounding developments:

The proposed residence will be developed in an L-shape orientation on a standard R-1-C Zone lot with a garage in front of the residence. An outdoor living space, including a pool, will be accommodated in the area between the garage and the residence surrounded by a 7-foot-high wall/pool enclosure. Vehicular access will be provided by a driveway from West Crestview Drive, which leads to the angled, side-facing garage. A pedestrian path which extends from the driveway leads to the entrance of the residence. The proposed residence incorporates stepping design in its rear portion to follow the hillside topography.

2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted
In addition to this MAJ application, the Planning Division has received a MAJ application (Case 3.4216 MAJ) for the adjacent parcel to the west, which is owned by the same property owner. The architectural style of the two residences is contemporary and very similar in design; however, the use of similar yet different construction materials and color palette differentiate the two projects visually. The adjacent properties to the east and south are designed with red clay roof tiles with stucco or plaster. Although the proposed architectural style is different from the east and south neighboring properties, different architectural styles and building materials are observed in the neighborhood. Therefore, the proposed design is contextually appropriate.

3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment;
The proposed project generally meets the applicable development standards. The building extends above the R-1-C Zone building envelope standard, which includes a building height of 12 feet at the setback and the 18-foot-maximum at the slope of 4:12 ratio as proposed. However, the building height may be increased up to 30 feet with AMM approval given that such modifications will not have detrimental Item 2A - 20
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impact on the adjacent properties pursuant to Palm Springs Zoning Code Sections

92.01.03(B)(5) and 94.06.01(A)(10). The applicant has submitted an AMM application (Case 7.1632 AMM) requesting modifications to the building envelope.

The project proposes a designated equipment area between the garage and the front pool enclosure/wall. The equipment area will be screened with a 7-foot-high gate which will be constructed of black powder coated aluminum vertical slats. The angled gate opening is side-facing, and it will not be visible from the street or the adjacent property to the east. Solar panels will be installed on the garage roof behind the parapet.

4. Building design, materials and colors to be sympathetic with desert surroundings;
The proposed materials, such as panel formed concrete, black powder coated metal, plaster, and wood, are commonly observed construction materials in the City, and the project proposes desert-neutral color palette.

5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously;
The proposed color palette consists of desert-neutral colors such as black (black anodized aluminum powder coated steel), light brown (Accoya wood), light gray (panel formed concrete), and white (Stucco – Merlex Plaster P-6 El Dorado). The simplistic architectural design will showcase the detail and unique character of each construction material, and the materials and colors are complementary to each other.

6. Consistency of composition and treatment;
The project proposes the consistent architectural treatment on all four sides as exemplified by the application of rectilinear form and repeated use of identical construction materials.

7. Location and type of planting, with regard for desert climate conditions.

Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials;
The proposed plant palette consists of plant materials that are included in the Lush and Efficient gardening book for the Coachella Valley as required in PSMC Section

8.60.060(b)(a). No turf is proposed for the project. The revised landscape plan includes additional planting materials as required by the ARC; however, the proposed tree placement in the rear yard is too orderly for the existing natural hillside landscape. As conditioned, the project would comply with this finding.

WHEREAS, pursuant to Section 93.13.00 (Hillside Developments) of the Palm Springs Zoning Code, the City Council finds that, based upon the following factors, the Item 2A - 21
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proposed project will provide a safe, orderly and aesthetically appealing development to the hillside area:

1. Rock and soil exposure;
The project site is currently undeveloped. The site’s condition appears to be very similar to other undeveloped hillside lots in the City; there is no rock or soil exposure that is particularly unique to the site. The existing hillside landscape will be retained around the perimeter of the proposed residence.

2. Size of building pad;
The proposed single-story 3,278-square-foot residence which includes 2,775 square feet of living space, a 503-sq. ft. garage, outdoor living space, and a pool on a 15,173-squre-foot lot. As shown on the Grading & Slope Band Diagram on Sheet T0.01, the proposed building pad is generally located in the front portion of the lot. The size of the building pad is approximately 3,420 square feet in area, which is equivalent to 22% of the total lot size.

3. Design considerations, such as supporting stilts, colors and building arrangement;
The project proposes piers for structural support to minimize the visual impact of the project when viewed from the rear/north. The proposed color palette is desertneutral, which is appropriate for the site and its surrounding. The proposed residence will be located towards the front of the property to avoid the steep slope area and retain the natural topography as much as possible.

4. Screening of parking areas;
The project proposes a two-car parking garage. The garage opening is slightly angled, and it is side (east)-facing.

5. Landscaping plans;
The project proposes the installation of drought-tolerant plant materials. Although the revised landscape plan shows additional planting materials in the rear yard, the proposed lineal tree placement appears too orderly for the existing natural hillside landscape and topography. The project is subject to a condition of approval, which requires the improvement of the tree placement in the rear yard subject to ARC review. With the implementation of this condition, the project meets this finding.

6. Continuity with surrounding development;
The project proposes a 3,278-square-foot residence. The building footprint of the eight (8) existing single-family residences located within the site’s vicinity ranges Item 2A - 22
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from 1,950 square feet to 7,749 square feet based on the measurement taken by using the City’s mapping software, with the average size of 3,465 square feet.

Therefore, the proposed residence is compatible with other residences in the neighborhood, and the project will not disrupt the development pattern of the site’s vicinity.

7. Sensitivity to existing view corridors.

The vertical height of the proposed residence varies from 11.5 feet to 13.5 feet.

The average elevation measured near the center line of Crestview Drive is 498.5 feet, and the elevation measured at the top of the 12-foot-high garage is 507 feet.

This indicates that the height of the garage measured from the street will be only

8.5 feet, which is lower than the height of a typical single-family residence. The topography slopes down as it moves towards the rear of the property, and the top of the rear portion of the residence drops by 3.25 feet measured from the central area of the residence. The adjacent property to the south is located at higher elevation, and the property to the east is located at lower elevation. Sensitivity to the existing view corridors is demonstrated through the residence’s stepping design.

WHEREAS, pursuant to Section 94.06.01 (Minor Modifications) of the Palm Springs Zoning Code, the City Council finds:

1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance.

92.01.03(B)(5) and 94.06.01(A)(10). The project proposes the building height of

23.6 feet, and it is less than the 30-foot-maximim allowed per PSZC Section

94.06.01(A)(10). PSZC Section 94.06.01(A)(10) allows a 10-foot front yard setback. The approval of the AMM application will not alter the nature of the proposed project or the single-family residential land use, and it is consistent with the objectives of the General Plan and zoning ordinance.

2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification.

The height of the proposed structure itself varies from 11.5 feet to 13.5 feet, which is within the maximum allowable building height for a standard single-family residence. The maximum height of 23.6 feet is measured at the rear/north end of the proposed residence over a steep sloping topography. The property abuts to a vacant lot in the rear and the building steps down by 3.25 feet in the rear portion.

Additionally, the Prevailing Setback Diagram (Sheet T0.01) shows that the project site is adjacent to the properties that are also developed with a reduced front yard setback. Finally, the portion of the residence for which the 10-foot front yard Item 2A - 23
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Palm Springs City CouncilApril 7, 2022

Palm Springs City Council
April 7, 2022