MWH Constructors, Inc.
8001 Arista Place, Suite 500, Broomfield, CO 80021
301 North Lake Avenue, Suite 115, Pasadena, CA 91101
Delaware
X
XRandy Lovan, Regional Manager
Blair Lavoie, Director
James Lee, Director
Item - 1H 12
WWTP Digester No. 2 CM Services
CITY PROJECT NO. 20-25
April 2022
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity EXAMPLE:
Jane Doe
[name of owner/investor]
50%, ABC Company, Inc.
[percentage of beneficial interest in entity and
name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
[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 DECLA
RE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
Signature of Disclosing Party, Printed Name, Title Date
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
CITY O
F PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
MWH US Acquisitions, Inc.
100%
Randy Lovan
Southern California Regional Manager
April 21, 2022
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Attachment D
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Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-1 184031355
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
THIS AGREEMENT is by and between City of Palm Springs (“Owner”) and Steve P.
Rados, Inc. (“Contractor”).
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions.
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:
A. The WW TP Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvements Project includes but is not limited to the following: installing a new Digester No. 2, installing a new gas flare, installing a new gas holder, demolishing existing Digester No. 2 and gas flare, installing a new filtrate pump station and discharge pipe alignment, site grading and paving, site piping, and electrical and instrumentation.
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows the Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvement Project.
ARTICLE 3—ENGINEER
3.01 The Owner has retained Stantec Consulting Services Inc. (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities of Engineer, and have the rights and authority assigned to Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by Engineer.
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
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Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-2 184031355
4.03 Contract Times: Days
A. The Work will be substantially complete within the following number of calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within the following number of calendar days after the date when the Contract Times commence to run.
Description Calendar Days
Milestone Completion – New Flare Startup 240
Substantial Completion of all Work 500
Final Completion of all Work 550
B. Milestone Completion: The Milestone Completion specified above shall be required prior to Substantial Completion. Milestone Completion will occur when the new digester gas flare system is fully functional and in operation. Fully functional is defined as post-approval by the engineer of the 5-day performance testing period (facility startup and operational testing) in accordance with Section 01670.
C. Substantial Completion: Shall include installation, testing, startup and training for all work. Work including all structures, facilities, equipment and ancillary items including, but not limited to, demolishing drying beds, flare, and digester, installing new Digester No. 2, installing new gas holder, and installing flare, site grading and paving, yard piping, electrical and instrumentation. For the startup of facilities and all associated equipment, it is not required to complete the thirty-day demonstration period (as defined in specification section 01670) prior to Substantial Completion, all other startup services must be completed. The demonstration period shall be completed successfully prior to Final Acceptance, in accordance with Section 01020.
D. Final Completion: Shall include all other Work that is identified as incomplete or defective in the Final Inspection letter from the Owner in accordance with the requirements in the General Conditions.
4.05 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):
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Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-3 184031355
1. Milestones: Contractor shall pay Owner $2,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for achievement of Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial Completion is reached, at which time the rate indicated in Paragraph 4.05.A.2 will apply, rather than the Milestone rate.
2. Substantial Completion: Contractor shall pay Owner $3 ,000 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.
3. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $2,000 for each day that expires after such time until the Work is completed and ready for final payment.
4. Liquidated damages for failing to timely attain Milestones, Substant ial Completion, and final completion are not additive, and will not be imposed concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amounts that follow, subject to adjustment under the Contract:
A. For all Work, a lump sum of $15,905,500.
All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions.
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the 30
th day of each month during performance of the
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Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-4 184031355
Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.
a. 95 percent of the value of the Work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
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Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-5 184031355
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual (copy of list attached).
6. Drawings (not attached but incorporated by reference) consisting of sheets bearing the following general title: City of Palm Springs WWTP Digester No. 2, Waste Gas Flare and Filtrate PS Improvements Project.
7. Drawings listed on the attached sheet index.
8. Addenda (numbers ___ to ___, inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. Contractor’s Bid;
b. Documentation submitted by Contractor prior to Notice of Award; c. List of Subcontractors;
d. List of Equipment Manufacturers;
e. Certification of Electrical Subcontractor’s Experience and Qualifications; f. Certifications of System Integrator Experience and Qualifications;
10. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.
ARTICLE 8—REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, including Addenda.
Item - 1H 19
Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-6 184031355
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.
6. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contr act Times, and in accordance with the other terms and conditions of the Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11. Contractor’s entry into this Contract consti tutes an incontrovertible representation by Contractor that without exception all prices in the Item - 1H 20
Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-7 184031355
Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
8.02 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of v alue likely to influence the action of a public official in the bidding process or in the Contract execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contrac t to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non- competitive levels, or (c) to deprive Owner of the benefits of free and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.
ARTICLE 9—CONFLICT OF INTEREST
9.01 Contractor acknowledges that no officer or employee of the Owner 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.
ARTICLE 10—NON-DISCRIMINATION
10.01 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 c apacity 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 Item - 1H 21
Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-8 184031355
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 non-discrimination in city contracting.
ARTICLE 11—PROJECT LABOR AGREEMENT
11.01 The Work is subject to the City of Palm Spring’s 2021 Community Workforce Agreement (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the Owner, available upon request, and incorporated herein by reference as if fully set forth herein. Contractor and all Subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.
11.02 Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to Owner prior to the commencement of any Work. Contractor further agrees to require, or has already required, each of its Subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work.
11.03 Contractor shall include, and shall require all of Contractor’s Subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requiring each Subcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.
11.04 Compliance by Contractor and all of Contractor’s Subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.
11.05 Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not Item - 1H 22
Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-9 184031355
inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.
11.06 In the event of a conflict between the PLA and any other provisions of the Contract Documents, the PLA shall control.
11.07 Contractor represents and warrants that it has included in its bid all costs of compliance with the requirements of this Section 11.
11.08 The requirements of this Section 11 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.
Item - 1H 23
Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.
December 2021 Agreement Between Owner and Contractor Palm Springs Digester No.2, Flare, and FPS Issued for Bid 00520-10 184031355
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on ___________________ (which is the Effective Date of the Contract).
Owner: Contractor:
(typed or printed name of organization) (typed or printed name of organization) By: By:
(individual’s signature) (individual’s signature)
Date: Date:
(date signed) (date signed)
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
(If Contractor is a corporation, a
partnership or a joint venture attach
Attest: Attest:
(individual’s signature) (individual’s signature)
Title: Title:
(typed or printed) (typed or printed)
Address for giving notices: Address for giving notices:
Designated Representative: Designated Representative:
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Address: Address:
Phone: Phone:
Email: Email:
License No.:
(where applicable)
State:
END OF SECTION
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Attachment E
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Attachment F
Item - 1H 45
CO Letter
kv c:\users\vkolli\desktop\20210223_co2 letter_esdc.docx To: Donn Uyeno, Principal Engineer
Andrew Crider, Senior Engineer
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
[email protected]
From: Venu Kolli, Project Manager
Beth Cohen, Project Technical Lead
City of Palm Springs Stantec Consulting Services, Inc.
Project Name: WWTP Digester No. 2, Waste Gas
Flare, & Filtrate PS Improvements
Project (City Project No. 20-25 and
21-07)
Date: January 17, 2022
Reference: Contract Amendment Request - Engineering Services During Construction for the Digester No. 2, Flare, and Filtrate PS Improvements Project
ADDITIONAL SCOPE OF WORK
Please find the following proposed scope of work and fee estimate for Engineering Services During Construction (ESDC) for the Wastewater Treatment Plant Digester No.2, Waste Gas Flare, and Filtration Pump Station Improvements Project (City Project No. 20- 25). The ESDC scope for the filtrate pump station portion of the project (City Project No. 21-07) has already been incorporated into a separate contract and is not included herein.
Task 1 – Engineering Services During Construction
Task 1.1 –Conformed Drawings
Stantec will prepare and reproduce conformed drawings and specifications to include all changes made to the documents through addenda issued during bidding. The conformed documents are intended to provide clear consolidation of the project requirements for use by the construction management (CM) team and the general contractor, to reduce the need for clarification request and the potential for misunderstandings. Stantec will provide two full-size and two half-size drawing sets.
Deliverable: Provide two half-size and two full-size sets of conformed drawings and specifications (for use by the CM and General Contractor). Provide a PDF file of the conformed set for any further City or Contractor reproduction.
Task 1.2 Attend Pre-Construction Meeting
Stantec Project Manager and Design Engineer will attend the pre-construction meeting with Construction Manager and the Contractor selected for the project at Palm Springs WWTP . It is assumed that the CM will prepare the agenda and meeting minutes.
Item - 1H 46
January 17, 2022
Reference: Reference: Contract Amendment Request - Engineering Services During Construction for the Digester No. 2, Flare, and Filtrate PS Improvements Project
kv c:\users\vkolli\desktop\20210223_co2 letter_esdc.docx Task 1.3 Review Contractor Submittals
Upon receipt from the CM Team, Stantec design staff will review material, equipment, and operation manual submittals for compliance with the contract documents and the design intent. Review comments will be conveyed to the Construction Manager for processing and distribution. Submittals will be reviewed and returned to the Construction Manager within 30 days unless an earlier reply is requested on selected submittals.
Deliverables: Review and provide written responses electronically for an estimated 150 submittals and 40 resubmittals.
Task 1.4 Respond to Contractor RFIs and Clarifications Stantec design staff will respond in writing and in a timely manner to requests for information (RFI’s) from the contractor. RFI’s will be reviewed and returned to the Construction Manager. Stantec shall respond to RFI’s in writing within 7 calendar days, unless and earlier reply is requested on selected RFI’s.
Deliverables: Respond in writing electronically to an estimated 100 RFIs Task 1.5 Assist in Review of Change Orders
Stantec will assist with the technical review, drawings and specifications for change orders prepared by the Construction Manager. It is assumed the Construction Manager will be responsible for preparing the change order document and negotiating the change order cost with the Contractor.
Deliverables: Respond in writing electronically to an estimated ten (10) change orders.
Task 1.6 Conduct Special Construction Observation, Site Visits, and Witness Factory Testing
Stantec engineering discipline leads including Structural, Architectural, and Electrical disciplines will conduct special construction observations, site visits, witness Factory Testing at various construction milestones.
Design team will coordinate these visits with the Construction Manager. A total of ten (10) discipline lead visits to the site and two (2) Factory Testing is included under this task.
Task 1.7 Air District Compliance Support
Stantec will provide assistance to the Construction Manager and the City in reviewing documentation prepared as part of permit compliance during construction. This task allocates up to 80 hours of air permit related assistance from Stantec staff.
Task 1.8 Process Control Meetings
Stantec will attend Process Control strategy workshops (with the system integrator and City personnel) to provide engineering input into control narratives (for the system integrator to use in their software development). Stantec will review the written control strategies document (prepared by the system integrator ) for accuracy and completeness.
Deliverable: Provide written review comments to control strategies document.
Item - 1H 47
January 17, 2022
Reference: Reference: Contract Amendment Request - Engineering Services During Construction for the Digester No. 2, Flare, and Filtrate PS Improvements Project
kv c:\users\vkolli\desktop\20210223_co2 letter_esdc.docx Task 2 – Prepare Operations and Maintenance Manual
Task 2.1 Draft O&M Manual
Stantec will prepare the three draft chapters to supplement the existing WWTP O&M Manual (existing formatting and chapters will not be modified, other than adding new equipment and treatment trains that were installed in the Digester No. 2, Gas Flare, Filtrate PS Improvements Project). New chapters will be developed only for new processes (digester gas storage and enclosed waste gas flare systems). Draft copies of the revised chapters and new chapter will be sent electronically (PDF) for City team review.
Deliverables: An electronic copy (PDF) of the draft O&M manual chapters will be delivered to the City.
Task 2.2 Final O&M Manual
A final hard copy and electronic copy O&M manual (revised and new chapters only) will be prepared after incorporating City’s review comments.
Deliverables: A total of three (3) hard copies of the revised/new O&M manual chapters, an electronic (PDF) file of the final O&M manual will be delivered to the City.
Task 3 –Regional Board Coordination During Construction and Startup Stantec will work with the Regional Board and the City project team on submission of required documents such as O&M manuals during the project implementation. Stantec will assist the City on addressing other Regional Board permitting related topics. This task allocates up to 80 hours of NPDES permit related assistance from Stantec staff.
Task 4 – Prepare/As-Built Drawings
Stantec will prepare as-built record drawings based on the markups from the Contractor and Construction Manager. It is expected that the Construction Manager will verify that the as-built markups prepared by the Contractor are accurate and correct.
Deliverables: PDF and AutoCAD files of as-built record drawings will be delivered to the City.
Task 5 — Attend Meetings and Conference Calls As-Needed During Construction
The Project Engineer will attend and participate in the weekly construction progress meetings in order to provide better communication between the Construction Manager, Contractor and the Design Team. It is assumed that Stantec will attend these meetings through conference calls and that the CM will prepare agenda and meeting minutes for the progress meetings.
Deliverables: Attend, support and provide comments to meeting minutes (provided by the Construction Manager) electronically for a maximum of eighty (80) construction progress meetings.
Item - 1H 48
January 17, 2022
Reference: Reference: Contract Amendment Request - Engineering Services During Construction for the Digester No. 2, Flare, and Filtrate PS Improvements Project
kv c:\users\vkolli\desktop\20210223_co2 letter_esdc.docx Task 6— Project Management
Project management includes project billing, scheduling, coordination, quality control, and regular meetings to monitor project progress to meet schedule deadlines and coordinate with City staff. Stantec will prepare and submit monthly invoices with itemized costs, hours billed and receipts for other direct costs .
Task 7 — Contingency
As-needed contingency hours are budgeted to address potential project tasks that may be required. The hours budgeted under Contingency will only be utilized after receiving authorization from the City of Palm Springs Project Manager.
Assumptions and Exclusions
The following assumptions are made as part of this scope of work preparation:
1. SCADA integration/programming/support will be provided by others.
2. Construction duration is 18 months
3. City will reimburse Stantec for other direct costs and postage.
4. City is responsible for construction management activities
5. City will provide daily inspection activities.
6. Stantec assumes that this is a Time and Materials Contract. Stantec will inform the City when the budget is 75% utilized.
7. Stantec has the right to rely upon data provided by the City and Contractor.
8. The City will take the lead in scheduling meetings with other City Agencies
9. Survey, materials testing, and construction staking services are not included in this scope of services
10. Excludes startup assistance and operator training. Individual treatment equipment/process training will be provided by the equipment suppliers.
11. City will provide Stantec with existing O&M manual chapters (for the digester, gas flare, and permeate pump station), for updating.
Item - 1H 49
January 17, 2022
Reference: Reference: Contract Amendment Request - Engineering Services During Construction for the Digester No. 2, Flare, and Filtrate PS Improvements Project
kv c:\users\vkolli\desktop\20210223_co2 letter_esdc.docx The following table provides details of the additional fees necessary to provide engineering services during construction the Digester No. 2, Gas Flare, and Filtrate PS Improvements Project, as described above. Work will be conducted on a time and materials basis, using the attached rate table. These fees will be added to our existing scope of work and fee schedule. A detailed breakdown of this fees and hour estimate are attached to this proposal.
Task
Reference Task Description Fee
Task 1 Engineering Services During Construction $454,365 Task 2 Prepare O&M Manual $91,800
Task 3 Regional Board Coordination During Construction and Startup $16,596
Task 4 As-Built Drawings $75,676
Task 5 Construction Meetings and Conference Calls $35,896 Task 6 Project Management $32,720
Task 7 Contingency $70,000
Total Fee $ 777,053
We thank you for the opportunity to provide these engineering services. Please do not hesitate to email or call me, if you have any questions.
Regards,
Venu Kolli, PE
Project Manager
Phone: 626-568-6073
[email protected]
Beth Cohen, PE
Project Technical Lead
[email protected]
Item - 1H 50
Nadarajan Sankara
Instrumentation
Engineer
Wastewater Staff
Engineer
Graphics/ Word
Processing
TOTAL HOURS
TOTAL LABOR
Direct Costs
(Reproduction and
Mileage)
$290 $260 $290 $180 $180 $176 $200 $140 $160 $200 $140
Task 1 Engineering Services During Construction
1.1 Prepare Conformed Drawings 1 8 8 24 8 49 $8,930 $13,003 $21,933
1.2 Attend Pre-Construction Meeting 8 8 16 $3,920 $240 $4,160
1.3 Review Contractor Submittals 16 280 150 150 280 120 80 1076 $215,920 $714 $216,634
1.4 Respond to Contractor RFIs and Clarifications 16 100 25 25 65 100 25 40 396 $80,980 $134 $81,114
1.5 Assist in Review of Change Orders 16 40 32 32 60 40 20 160 400 $73,520 $924 $74,444
1.6 Conduct Special Construction Observation and Site Visits 8 16 16 40 16 96 $18,320 $560 $18,880
1.7 Air District Compliance Support 4 40 40 84 $19,560 $476 $20,036
1.8 Process Control Meetings and Review 4 24 24 24 76 $16,520 $644 $17,164 Task 2 Prepare Operations and Maintenance Manual
2.1 Draft O&M Manual 4 80 8 80 80 40 292 $61,000 $124 $61,124
2.2 Incorporate Comments and Submit Final Manual 4 40 40 24 24 132 $27,720 $2,956 $30,676 Task 3 Coordinate with Regional Board on Permitting 4 8 64 76 $16,040 $556 $16,596 Task 4 As-Built Drawings 4 20 20 285 329 $55,960 $19,716 $75,676 Task 5 Construction Meetings and Conference Calls 24 80 40 144 $35,760 $136 $35,896 Task 6 Project Management 80 60 140 $31,600 $1,120 $32,720 Task 7 Contingency
7.1 As-needed Contingency $70,000
193 720 0 231 247 405 624 141 509 104 132 3306 $ 665,750 $ 41,303 $ 777,053 City of Palm Springs WWTP
Estimated Cost Breakdown of Total Fee
for
Digester No. 2, Gas Flare, and Filtrate PS Improvements Project Engineering Services During Construction January 17, 2022
T
OTAL
Beth Cohen, PE
Process Design Lead
TOTAL (hours)
Sean Larson
Project Engineer
Palm Springs WWTP Digester No. 2, Gas Flare, and Filtrate PS Engineering Services During Construction .
Sr. Graphics Specialist
Sr. CADD Designer
Umesh Murthy
Filtrate Design Lead
Steve Stoll, PE
Structural Engineer
Hourly Rate
Venu Kolli, PE Project
Manager
Bruce Wong, PE
Electrical Lead
Item - 1H 51
Attachment G
Item - 1H 52
55575.18165\32900157.2
Revised: 12.1.2021
1 PROFESSIONAL SERVICES AGREEMENT
WWTP DIGESTER NO. 2, WASTE GAS FLARE AND FILTRATE PUMP STATION IMPROVEMENTS PROJECT CITY PROJECT NO. 20-25 AND NO. 21-07
THIS PROFESSIONAL SERVICES AGREEMENT ( “Agreement”) is entered into, and effective on _____________, 20__, between the CITY OF PALM SPRINGS , a California charter city and municipal c orporation, (“City”) and MWH Constructors , (“Consultant”). C ity and Consultant are individually referred to as “Party” and are collectively referred to as the “Parties”.
RECITALS
A. City requires the services of a construction management and inspection services , for WWTP Digester No. 2, Waste Gas Flare and Filtrate Pump Station Improvements Project (“Project”).
B. Consultant has submitted to City a proposal to provide construction management, inspection and testing services, to City under the terms of this Agreement.
C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Consultant to provide such professional services.
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. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit “A” (the “Services” or “Work”) , which is attached and incorporated herein by this reference. As a material inducement t o the City enterin g into this Agreement, Consultant represents and warrants that Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated and, in light of such status and experience, Consultant covenants that it shall perform the Work 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.
Item - 1H 53
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2 1.2 Contract Documents . The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals; and, (4) the Consultant’s signed, original proposal submitted to the City (“Con sultant’s Proposal”), (collectively referred to as the “Contract Documents” ). The City’s Request for Proposals and the Consultant ’s Proposal, which are both attached as Exhibit “B”, respectively, are incorporated herein by this reference and are made a part of this Agreement. The Scope of Services shall include the Con sultant’s Proposal. All provisions of the Scope of Services, the City’s Request for Proposals and the Consultant ’s Proposal shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shall be determined in the following order of priority: (1st) the provisions of the Scope of Services (Exhibit “A”); (2nd) the provisions of the City’s Request for Proposal ; (3rd) the terms of this Agreement; and, (4th) the provisions of the Consultant’s Proposal.
1.3 Compliance with Law . Consultant warr ants that all S ervices rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes , ordinances lawful orders, rules, and regulations. Consultant shall be liable for all viola tions of such laws and regulations in connection with the Services and this Agreement.
1.4 Licenses, Permits, Fees, and Assessments . Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice it s profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, per mit, qualification, or approval that is legally required for Consultant to perform the Work and under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments , and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement. Consultant shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or impos ed against City to the full est extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement , Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, ( b) has carefully considered how the S ervices should be performed, and (c) fully understands the facilities, difficulties , and restrictions attending performance of the Services under this Agreement. If the Services in volve work upon any site, Consultant w arrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services. Should the Consultant discover any latent or unknown conditions that will materially aff ect the performance of the Services, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.
1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the W ork and the equipment, materials, papers, documents, plans, studies , and/or other components to prevent losses or damages. Consultant Item - 1H 54
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3 shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.
1.7 Further Responsibilities of Parties . P arties agree to use reasonable care and diligence to perform their re spective obligations under this Agreement. P arties agree to act in good faith to execute all instruments, prepare all documents , and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding t o, or deducting from such Work. No such extra work may be undertaken unless a written order is first given by the City to the Consultant, incorporating any adjustment in (i) the Maximum Contract Amount, as defined below, and/or (ii) the time to perform th is Agreement. Any adjustments must also be approved in writing by the Consultant. Any increase in compensation of up to twenty- five percent (25%) of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up to thirty (30) days, may be approved by the City Manager , or his designee, as may be needed to perform any extra work. Any greater increases, occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly understood by Consultant that the provisions of this s ection shall not apply to the services specifically set forth or reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the S ervices rendered under this Agreement, Consultant shall be compensated by Cit y in accordance with the Schedule of Compensation, which is attached as Exhibit “B” and incorporated herein by this reference. Compensation shall not exceed the maximum contract amount of One million two hundre d forty-six thousand one hundred twenty three Dollars and fourteen cents, ($ 1,246,123.14) (" Maximum Contract Amount"), except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit “B.” C ompensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses must be app roved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the attendance of Consultant at all project meet ings reasonably de emed necessary by the City .
Consultant shall not be entitled to any increase in the Maximum Contract Amount for attending these meetings. Consultant accepts the risk that the services identified in the Scope of Services may be more costly and/or time-consuming than Consultant anticipates, that Consultant shall not be entitled to additional compensation, and that the provisions of Section 1.8 shall not be applicable to the services identified in the Sco pe of Services . If the C ity’s Maximum Contract Amount i s reached before the Consultant’s S ervices under this A greement are completed, Consultant shall complete the Work and C ity shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment . Unless an other method of payment is specified in the Schedule of Compensation (Exhibit “B”), in any month in which Consultant wishes to receive Item - 1H 55
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4 payment, Consultant shall submit to the City an invoice for Services rendered prior to the date of the invoice. The invoice shall be in a form approved by the City’s Finance Director and must be submitted no later than the tenth (10) working day of such month. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consul tant within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of 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 Consultant’s profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated by the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the W ork of this Agreement according to the agreed upon attached Schedule of Performance ( Exhibit “ B”), incorporated herein by this reference. 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 Consultant to any additional compensation regardless of the Party responsible for the delay.
3.2 Schedule of Perform ance. Consultant shall commence the S ervices under this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the S chedule of Performance may be approved in writing by the C ontract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 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 Consultant notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Ma jeure Event shall mean an event that materially affects the Consultant ’s Item - 1H 56
55575.18165\32900157.2
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5 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 Consultant notifi cation, 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 del ay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the Cit y may still termin ate this Agreement in accordance with the termination provisions of this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continu e in full force and effect for a perio d of eighteen (months), commencing on _____________, 201__, and ending on _____________, 202__, unless extended by mutual written agreement of the Parties. However, the term shall not exceed three (3) years from the commencement date, except as o therwise provided in the Schedule of Performance described in Section 3.2 above.
3.5 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 Consultant . Whe re termination is due to th e fault of Consultant 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, Consultant shall immediately cea se all Services except such as may be specifically approved by the Contract Officer. Consultant 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. Consultant shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.
4. COORDINATION OF WORK
4.1 Representative of Consult ant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act i n its behalf and make all decisions with respect to the Services to be performed under this Agreement: MWH Constructors, Randy Lovan, Southern California Regional Manager . It is expressly unders tood that the experience, knowledge, education, capability, expertise, 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 Consultant and devoting sufficient time to personally supervise the S ervices Item - 1H 57
55575.18165\32900157.2
Revised: 12.1.2021
6 performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer") . Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performan ce of the S ervices. Consult ant 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.
4.3 Prohibition Against Subcontracting or Assign ments. The experience, knowledge, education, capability, and reputation of Consultant , its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services requi red 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 provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subConsultant and City.
All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest in this Agreement m ay be transferred, assigned , conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability under this Agreement without the express written consent of City.
4.4 Independent Consultant. The legal relationship between the Parties is that of an independent Consultant, and nothing shall be deemed to make Consultant a City employee.
A. During the performance of this Agreement, Consultant and its of ficers, employees, and agents shall act in an independent capacit y and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City’s offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, c ompensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be Item - 1H 58
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Revised: 12.1.2021
7 responsible for all reports and obligations respecting the m, including but not limited to social security income tax withholding, unemployment compensation, workers ’ compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or ot herwise a joint venturer or a member o f any joint enterprise with Consultant.
B. Consultant shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Consultant, it s officers, employees, or agents in connection with any pe rformance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the pe rformance of Services under this Agreement. City shall not be liable for compensation or indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations, other than under S ection 2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Consultant’s officers, employees, servants, representatives, subConsultants, or agents, Consultant shall indemnify City for all such financial obligations.
4.5 California Labor Code Requirements.
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage ra tes and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the S ervices are being performed as part of an applicable “pub lic works” or “maintenance” project, a s 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, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 fa ilure to comply with the Prevailing Wa ge Laws. It shall be mandatory upon the Consultant 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 Consul tant and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontracto rs, as applicable. This Agreement may also be subject to compliance monitoring and enforcement Item - 1H 59
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8 by the Department of Industrial Relations. It shall be Consultant ’s sole responsibility to comply with all applicable registration and labor compliance requirements.
5. INSURANCE
5.1 Types of Insurance . Consultant shall procure and maintain, at its sole cost and expense, the insurance described herein . The insurance shall be for the duration of this Agreement and includes any extensions , unless otherwise sp ecified in this Agreement . The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Consultant's performance of Work under this Agreement, including Consultant's agents, representatives, or employees. In the event the City Manager determines that the W ork or Services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized below for pro fessional liability (errors and omissions) insurance, all insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance . Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry form professional liability (errors and omissions) insurance coverage in an amount of not less t han one million dollars ($1,000,000.00) per occurrence and two -million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either : (a ) certify in writing to the City that Consultant is unaw are of any professional liability clai ms made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification under (a ), Consultant shall procure from the professiona l liability insurer an endorsement providing that the required li mits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a “cl aims made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consul tant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate e xtended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whicheve r is later. In the event Item - 1H 60
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9 of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.
B. Workers’ Compensation Insurance. Consultant shall obtain and mai ntain, in full force and effect throughout the term of this Agreement, w orkers’ compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant a grees to waive and obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City and to require each of its subConsultants, if a ny, to do likewise under their workers ’ compensation insurance policies. If Consultant has no employees, Consultant shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.
C. Commercial General Liability Insuran ce. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a t least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultant s, broad form property damage, products and completed operations.
D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, non-owned, leased, and hired cars.
E. Employer Liability Insurance . Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self -Insured Retentions . Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement. Consultant guarantee s payment of all deductibles and sel f-insured retentions . City reserves t he right to reject deductibles or self - insured retentions in excess of $10,000, and the City Manager or his/her designee may require evidence of pending claims and claims history as well as evidence of Consultant’s abi lity to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.
5.3 Other Insurance Requirements . The following provisions shall apply to the insurance policies required of Consultant under this Agreement:
A. For any claims related to this Agreement, Consultant’s coverage s hall be primary insurance with respect to the City and its officers, council members, officials, Item - 1H 61
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10 employees, agents, and volunteers. Any insurance or self -insurance maintained by the City and its officers, council members, officials, employees, agents , and volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.
C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
D. No required insura nce coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (e.g., elimination of contractual liability or reduction of discovery period) , unless the endorsement has fi rst been submitted to the City Manager and approved in writing.
E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu o f required endorsement s, and submittal of certificates witho ut required endorsements may delay commencement of the Project. It is Consultant’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.
F. Consultant agrees to ensure that subConsultant s, and any other parties involved with the Project who are brought onto or involved in the P roject by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsi bility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subConsultant s and others engaged in the P roject will be submitted to the City for review.
G. Consultant acknowledges a nd agrees that any actual or alleged failure on the part of the City to inform Consultant of non -compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights in this or any other regard.
H. Consultant shall provide proof that policies of insurance required in this Agreement, expiring during the term of this Agreement , have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. E ndorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days pr ior to expiration of the lapsing coverage.
Item - 1H 62
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11 I. Requirements of s pecific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements , or as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impair the provisions of this section.
K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Wo rk performed under this Agr eement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such c laim or claims if they are likely to involve City , or to reduce or dilute insurance available for payment of potential claims.
L. Consultant agrees that the provisions of this s ection shall not be construed as limiting in any w ay the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant’s activities or the activities of any person or person for which the Consultant is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in thi s 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. Be st’s Key Rating of B++, Class VII, or better, unless such requirements are waived in writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, aff ecting 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 appr oved by the City before work commences. City reserves the right to require Consultant’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).
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12 B. " This insurance is primary and non- contributory over any insurance or self - insurance 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 Hold er 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.
D. Both the Workers’ Compensation and Employers' Liabi lity 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 Consultant’s obligation to provide them.
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Consultant shall defend (at Consultant ’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 aga inst any and all liabilities, actions, suits, claims, demands, losses, costs, 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 ( Consultant’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 Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant’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 Consultant ’s indemnification obligation or other liability under this Agreement. Consultant ’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for s uch 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.
6.2 Design Professional Services Indemnification and Reimbursement. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), Item - 1H 64
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13 then, and only to the extent required by Civil Code section 2782.8, which is fully incorpor ated herein, Consultant’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 Consultant in the performance of the Services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant ’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
7. REPORTS AND RECORDS
7.1 Accounting Records . Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Consultant shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to 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 th e right to inspect, copy, a udit, and make records and transcripts from such records.
7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement , or as the Contract Officer shall require. Consultant acknowledges that the City is greatly concerned about the cost of the Work to be performed under this Agreement. For t his reason, Consultant agrees that Consultant shall promptly notify the Contract O fficer the estimated increased or decreased cost if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the S ervices. I f Consultant is providing design services, Consultant shall promptly notify the Contract Officer the estimated increased or decreased cost for the project being designed if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will mat erially increase or decrease the cost of the design services.
7.3 Ownership of Documents . All drawings, specifications, reports, records, documents, memoranda, correspondence, computations , and other materials prepared by Consultant, its employees, subConsultants, and agents in the performa nce of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation a s a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Consultant will be a t the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all resulting damages. Consultant may retain copies of such documents for their own use. Consultant shall ha ve an unrestricted right to use the co ncepts embodied tin this Ag reement. Consultant shall ensure that all its sub Consultants shall provide for assignment to City of any documents or materials prepared by them . In the event Consultant fails to secure such assignment, Consultant shall indemnify City for all resulting damages.
7.4 Release of Documents . All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement s hall not be released publicly without the prior written approval of the Contract Item - 1H 65
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14 Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’ s pri or written authorization.
7.5 Audit and Inspection of Records . After receipt of reasonable notice and during the regular business hours of City, Consultant shall provide City, or other agents of City, such access to Consultant’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 Consultant’s performance under this Agreement . Consultant shall maintain such books, records, data , and documents in ac cordance 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 da te of final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to validity and as 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 C ounty, and Co nsultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 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 ambiguit ies are to be construed against the dr afting 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.
8.3 Default of Consultant. Consultant’s failure to comply with any provision of this Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Consultant i s in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performanc e. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this s ection shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing shall limit City’s right to terminate this Agreement without cause under Item - 1H 66
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15 Section 3.5.
B. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section
8.3A, take over the work and prosecute the same to completion by contract or otherwise . T he Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages) . The City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant’s liability for completion of the Services as provided in this Agreement.
8.4 Waiver. N o waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant , condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance wit h any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions.
8.5 Rights and Remedies 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 and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, corre ct, remedy or recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement resul ts 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 consultant fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non -judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of City Officers and Employees . No officer or employee of the City shall be personally liable to the Consultant , or any successor-in-interest, in the event of any Item - 1H 67
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16 default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Consultant acknowledges that no officer or employee of the City has or shall have any direct or indirect financia l interest in this Agreement nor shall Consultant 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. Consultant warrants that Consultant 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.
9.3 Covenant Against Discrimination . In connection with its performance under this Agreement, Consultant shall not di scriminate against any empl oyee 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, cultura l or linguistic characteristics, or et hnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termin ation; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Consultant 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 non- discrimination in city contracting.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement . To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise:
A. I t is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale a rising out of the performance of this Agreement, infringes upon a ny presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant’s expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant w ill not indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that City’s alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.
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17 B. Consultant shall have sole control of the defense of any such claim or suit and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant’s expense. Consultant shall not be obligated to indemnify City under any settlement tha t is made without Consultant’s consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equiva lent item acceptable to City and extend this patent and copyright indemnity thereto.
10.2 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 sha ll be in writing. All notices shall be personally delivered, sent by pre- paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached eviden ce of completed transmissio n. All notices shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mail ed or delivered. Other for ms of electronic transmission such as e -mails, text messages, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:
To City: City of Pal m Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Consultant: ___________________________
___________________________
___________________________
Attention: __________________
Telephone: _________________
Facsimile: __________________
10.3 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.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be Item - 1H 69
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18 interpreted in such a manner as to be effective and valid under applicable law . If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest . This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.
10.6 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.
10.7 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.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i ) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the P arty for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the P arty for which he or s he is signing is bound.
10.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
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19 SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM
SPRINGS AND MWH CONSTRUCTORS
IN WITNESS WHEREOF, the Pa rties 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: _______ Item No. Agreement No.
APPROVED AS TO FORM: ATTEST:
By: ___________________________ By: _______________________________ Jeffrey S. Ballinger, Monique Lomeli,
City Attorney Interim 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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20 Item - 1H 72
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21 EXHIBIT “A”
SCOPE OF SERVICES
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22 EXHIBIT “B”
SCHEDULE OF COMPENSATION
Item - 1H 74
CITY COUNCIL STAFF REPORT
05/12/2022 1. I.
City Clerk -
SUBJECT
REQUEST BY THE GEDDES-CHRISTENSEN FAMILY TRUST, OWNER, FOR
APPROVAL OF A MILLS ACT HISTORIC PROPERTY PRESERVATION
AGREEMENT FOR 360 CABRILLO ROAD UNIT 109, A CONTRIBUTING
STRUCTURE IN THE RACQUET CLUB COTTAGES WEST HISTORIC DISTRICT (APN #504-131-055), (HSPB #88 / HD-3)
RECOMMENDATION:
Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Geddes-Christensen Family Trust, and the Racquet Club Cottages West Homeowners Association.
1. Authorize the City Manager to execute the Agreement.2.
Direct the City Clerk to record the Agreement with the County of Riverside.3.
Attachments
Item 1I
CITY COUNCIL STAFF REPORT
DATE: May 12, 2022 CONSENT CALENDAR
SUBJECT: REQUEST BY THE GEDDES-CHRISTENSEN FAMILY TRUST, OWNER,
FOR APPROVAL OF A MILLS ACT HISTORIC PROPERTY
PRESERVATION AGREEMENT FOR 360 CABRILLO ROAD UNIT 109, A
CONTRIBUTING STRUCTURE IN THE RACQUET CLUB COTTAGES
WEST HISTORIC DISTRICT (APN #504-131-055), (HSPB #88 / HD-3)
FROM: Justin Clifton, City Manager
BY: Department of Planning Services
SUMMARY:
This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with The Geddes-Christensen Family Trust (owner) and the Racquet Club Cottages West Homeowners Association. The intent of this contract is to require maintenance and preservation of 360 Cabrillo Road Unit 109, a contributing structure in a City-designated historic district in exchange for possible property tax relief as determined by the Riverside County Tax Assessor.
RECOMMENDATION:
1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, The Geddes-Christensen Family Trust, and the Racquet Club Cottages West Homeowners Association.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement with the County of Riverside.
STAFF ANALYSIS:
On November 20, 2013, the City Council designated Racquet Club Cottages West (HSPB #88 / HD-3), a historic district via Resolution No. 23458. The dwelling at 360 Cabrillo Road Unit 109 is a contributing structure within the historic district.
Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may c ontract with the owner or agent to restrict the use of the property to carry out the purposes and Item - 1I 1
City Council Staff Report
May 12, 2022 – Page 2
Mills Act Agreement – 360 Cabrillo Road Unit 109
goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.
BELOW IS AN AERIAL VIEW OF THE RACQUET CLUB COTTAGES WEST
BELOW IS THE ENTRY TO UNIT 109
Item - 1I 2
City Council Staff Report
May 12, 2022 – Page 3
Mills Act Agreement – 360 Cabrillo Road Unit 109
Pursuant to California Government Code Section 50280.1, a “qualified historical property” means a privately-owned property which is not exempt from property taxation and is listed in any state, city, or county official register of historical or architecturally significant sites, places, districts, or landmarks. The dwelling at 360 Cabrillo Road Unit 109 is listed as a contributing structure within the Racquet Club Cottages West Historic District in the City of Palm Springs register of Historic Sites and Districts as site HSPB #88 / Historic District #HD-3.
FISCAL IMPACT:
Approval of this Mills Act contract may result in a decrease in the property tax collected for the subject property.
REVIEWED BY:
Department Assistant Director: David Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Vicinity Map
B. Excerpt of Meeting Minutes (Resolution 23458)
C. Letter from the owner dated April 20, 2022
D. Letter from the Homeowners Association dated April 11, 2022 Item - 1I 3
ATTACHMENT A
Item - 1I 4
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
360 Cabrillo Road Unit 109
HSPB 88
Item - 1I 5
SAN ·ll'il!l RCOW AY
CA BRI LLO" RD ______ -r'7,----__JL_ __ -J~ - _LJ
L,eg-end
- site
- 500' Site Raidiu s
•
. .
W E .
.
s
ATTACHMENT B
Item - 1I 6
Item - 1I 7
CITY OF PALM SPRINGS
OFFICE OF THE CITY CLERK
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
(760) 323-8204
EXCERPTS OF MINUTES
At the City Council meeting of the City of Palm Springs held November 20, 2013, the City Council took the following action:
1.C. HISTORIC DISTRICT DESIGNATION FOR THE RACQUET CLUB
COTTAGES WEST CONDOMINIUMS (NOW KNOWN AS THE
RACQUET CLUB GARDEN VILLAS) AT 360 WEST CABRILLO ROAD
(HSPB 88, HD-3):
Margo Wheeler, Director of Planning Services, provided background information as outlined in the staff report dated November 20, 2013.
Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council.
KIM ZAKOWSKI, HOA President Racquet Club Villas, commented on the detailed request for historic designation, the history of the Racquet Club Villas, and requested the City Council approve the Historic District.
ERIK ROSENOW, Palm Springs Preservation Foundation, commented on the history of the development and the nomination, and requested the City Council support the designation.
No further speakers coming forward, the public hearing was closed.
ACTION: Adopt Resolution No. 23458, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING THE RACQUET CLUB COTTAGES WEST LOCATED AT
360 CABRILLO ROAD AS HISTORIC DISTRICT NO. 3 (COMMON AREA APN 504-131-061) (HSPB 88, HD-3)." Motion Councilmember Foat, seconded by Councilmember Lewin and unanimously carried 4-0 on a roll call vote.
AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Mills, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Hutcheson.
Item - 1I 8
I, CYNTHIA A. BERARDI, Interim Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the above action took place at a regular meeting of the City Council held on the 20th day of November, 2013.
tJa;;?
Cynthia A. Berardi, CMG
Interim Chief Deputy City Clerk
ATTACHMENT C
Item - 1I 9
Item - 1I 10
April 20, 2022
City of Palm Springs
Richard Bruno
C/0 Planning Department
320 E. Tahquitz Canyon Way
Palm Springs, CA 92263
Dear Richard
Please let this letter serve as my request to enter into a Mills Act Contract. I live at Racquet Club Cottages West, 360 Cabrillo Road, unit 109, Palm Springs, CA 92262. I completed purchasing this residence February 28, 2022. Currently our community has several projects in process. There is a complete restoration of the pool/cabana area, including new plumbing, heater, replaster and spa area. Additionally, it has been determined that the water lines need replacement and that process is going on as I write this. The owners have an opportunity to add louvered screen doors to their units. These doors are an exact reproduction of the doors in historical pictures of this community. The doors can be purchased at the homeowners expense to add authenticity to our historical designation. I intent to continue the historical restoration of the interior of my residence with addition of furnishings consistent with the time period. Additionally we will be installing louvered doors as they become available for purchase. Currently we pay an additional $492.00 monthly for the above identified projects. Please contact me with any questions you might have regarding my interest in this community.
Sincerely,
Dale Christense
619 9811408
ATTACHMENT D
Item - 1I 11
Item - 1I 12
rtWsoN'fli°iEo
1ml PROPERTY
lmJ MANAGEMENT
17w G1wh,,t/,1 l<,/1,•1 :, G,nrirmmh
J/,uwf:,'lllJ'I// l:,)/11/~I/J I
April 11, 2022
City of Palm Springs
Planning Department Services
320 E. Tahquitz Canyon Way
Palm Springs, CA 92263
~acquet C[u6
Cottages 'West
68950 Adelina Rd.
Cathedral City, CA 92234
Phone: (760) 325-9500
Fax: (760) 325-9300
Please accept this letter of intent on behalf of the Racquet Club Cottages West Homeowners Association to enter a Mills Act Contract with the City of Palm Springs and Dale E. Christensen, owner of unit 109, 360 Cabrillo Road, Palm Springs, CA 92262.
Sincerely,
Paul Rosen
Vice President
Board of Directors
CITY COUNCIL STAFF REPORT
05/12/2022 1. J.
City Clerk -
SUBJECT
APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 803 STEVENS ROAD IN ACCORDANCE WITH CHAPTER 15.14.010
OF THE PALM SPRINGS MUNICIPAL CODE
RECOMMENDATION:
Approve an exemption for the requirement to connect to the public sewer system for the property located at 803 Stevens Road, in accordance with Chapter 15.14.010 of the Palm Springs Municipal Code and Resolution No. 20650, subject to a requirement to execute a Sewer Covenant obligating connection to the public sewer when available in the future.
Attachments
Item 1J
CITY COUNCIL STAFF REPORT
DATE: M
ay 12, 2022 CONSENT CALENDAR
SUBJECT: APPROVAL OF A SEWER CONNECTION EXEMPTION FOR THE PROPERTY LOCATED AT 803 STEVENS ROAD IN ACCORDANCE
WITH CHAPTER 15.14.010 OF THE PALM SPRINGS MUNICIPAL CODE FROM: Justin Clifton, City Manager
BY: E ngin
eering Division
SUMMARY:
The req
uested action will approve an exemption to the requirement to connect to the public sewer system for the residential property located at 803 Stevens Road in accordance with Chapter 15.14.010 of the Palm Springs Municipal Code. Approval of the exemption will allow the property owner to install a private on-site septic system.
RECOMMENDATION:
Approv
e an exemption for the requirement to connect to the public sewer system for the property located at 803 Stevens Road, in accordance with Chapter 15.14.010 of the Palm Springs Municipal Code and Resolution No. 20650, subject to a requirement to execute a Sewer Covenant obligating connection to the public sewer when available in the future.
BACKGROUND:
In ac
cordance with Section 15.14.010 of the Palm Springs Municipal Code (PSMC), “Sewers Required for New Construction,” there is a requirement that no person shall construct a building without connecting such building to a public sewer unless an exemption is granted by the City Council. PSMC 15.14.010 (b)(3) states:
“An exemption may be granted by the City Council in any case (in the sole judgment of the Council) where unusual topographical or other terrain conditions exist which make the connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system. It shall be the responsibility of the applicant for such exemption to provide to the City Council such data or proof as the Council deems necessary, including but not limited to engineering cost estimates and feasibility reports, to substantiate any such application.” Item - 1J 1
City Council Staff Report
May 12, 2022 -- Page 2
Sewer Exemption
Location Map
803 Stevens Road
STAFF ANALYSIS:
The near
est public sewer locations are in Stevens Road, approximately 400 feet east of the property and approximately 200 feet to the west. There are several properties along Stevens Road and Camino Del Norte that have not connected to City Sewer. Elevation differences along Stevens Road and Camino Del Norte make sewer connections almost impossible.
The property owner has requested relief from the obligation to connect to the public sewer on the basis of cost to extend a new sewer main in Stevens Road. A copy of the request for exemption and cost estimate is included as Attachment A.
To clarify the finding for an “economic hardship” as required by PSMC Section 15.14.010, the City Council adopted Resolution No. 20650 on July 2, 2003 , for re-establishing Item - 1J 2
City Council Staff Report
May 12, 2022 -- Page 3
Sewer Exemption
guidelines for the exemption of residential properties from connection to the public sewer system pursuant to the code. The City Council also approved adjustments to any prior exemptions exceeding $4,776 for on-site sewer connections, or exceeding $7,960 for off- site sewer extensions, with annual adjustments in accordance with the Engineering News Record Construction Cost Index . Currently, to quality for an “economic hardshi p” exemption, costs must exceed $9,202 for on- site sewer connections, or $15,336 for off - site sewer extensions. A copy of Resolution No. 20650 is included as Attachment B.
The owner has obtained an independent cost estimate of $299,350 as the total cost to connect to the public sewer system, which exceeds the current amount to qualify for an “economic hardship.”
Therefore, pursuant to City Council policy established by Resolution No. 20650 in implementing the exemption authorized by Chapter 15.14.010 of the PSMC, the City Council may grant an exemption to the requirement to connect to the public sewer system for the property located at 803 Stevens Road. Staff is recommending that as a condition of granting the exemption, the property owner be required to execute a Sewer Covenant obligating the property to connect to the public sewer when it is directly available to the property.
Approval of the sewer exemption will allow the property owner to construct an on- site private septic system in lieu of connecting to the public sewer.
ENVIRONMENTAL ASSESSMENT
:
In acc
ordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. Therefore, Staff has determined that the resulting septic system for a single-family home is considered categorically exempt from CEQA FISCAL IMPACT:
There i
s no fiscal impact associated with this requested action.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Owner’s Request and Supporting Documentation
B. Resolution No. 20650
Item - 1J 3
March 23, 2022
RE: 803 Stevens Road, Palm Springs, CA 92262
To Whom It May Concern:
Please consider our formal request for exemption from constructing and extending an 811 sewer main to the subject property based on cost, per Municipal Code 15.14.010. Attached are estimates to show the cost of construction, which would be too great for this project.
Thank you.
Kevin J. Corcoran
P.O. Box 5537
Palm Springs, CA 92263
[email protected]
www.kevinjcorcoran.com
(206) 617-9098
Item - 1J 4
Since 1959 Lie • 565576
March I, 2022
PIPELINE CONTRACTOR
Water, Sewer & Storm Drain
6797 ADOBE RO.• TWENTYNINE PALMS, CA 92277
(760) 367-9151 • FAX (760) 367-5247
PROPOSAL
To: Weeks Plumbing
49431PARI<AVE
MORONGO VALLEY, CA 92256
Attn: Jacques
We are pleased to submit this proposal for subcontract work on the following proicct:
803 West Stevens Rd.• Palm Springs CA
The scope of work included in this proposal is as follows:
SEWER
• Tie-In at Existmg Mam wfPourover Manhole
• 8 " VCP Sewer Main
• 48' Dia Manhole w/Concrete Collar
• 4 " VCP Lateral w/Cleanout at Property line
• 6' VCP Cleanout at End of New Sewer Main w!Collar
• Asphalt Remove & Replace Per City of Palm Springs
• 0.1 Grind Overlay for Half of the Street
• Striping
• Replace Survey Monuments
• Final Sewer Video
CLARIFICATIONS&: EXCLUSIONS:
I ea
750 If
2 ea
II ea
I ea
4000 sf
7800 sf
I Is
2 ea
I Is
TOTAL
• The Van Dyke Corporation reserves the right to modify this proposal on receipt of approved or revised plllns. $299,350.00
• All sewer laterals will be installed to property line. All connections and or abandonments of e,cisting systems will be by others.
• Price does not include remove/replace of any concrete or asphalt on private property. location of existing septic systems are not known at this time.
• All design, engineering and approved drawings is by others. • All SWPPP require mnts will be practiced and implemented. • All construction staking by others.
• All soil and compaction testing by others.
• Ample supply of construction water to be supplied free of charge. • All permits and inspection fees by others.
• All record drawings by others.
• We will provide dust control for our work only during construction of our work, all othu site dust control hy others, also all extended dust control by others.
• Prices quoted hereon att good for 30 days.
The conditions of the Proposal are:
I. No liquidated damages will be accepted without proof that delays were caused by us.
2. Protection of our work in place is not our responsibility.
Item - 1J 5
3. We will dispose of debris created by our work into a Contractor furnished trash bin at the site.
4. We will accept no back charges, which have not been previously agreed to by us.
S. R£tention, if any, shall not exceed that withheld from payments made on our behalf.
6. I.Jlte payments will bear interest at the standard commercial rate prevailing at the site at the time the interest is due.
7. We shall be paid monthly progress payments on or before the 18th day of each month for value of our work in place plus materials suitably stored. Final payment shall be due 30 days following the completion of our work. No provisions of this agrermrnt shall serve to void our entitlement to timely payment for properly performed work or suitably stored materials.
8. The Contractor shall furnish and make available to us free of charge, required utilities, water, temporary power and lighting, and sanitary facilities.
9, The Contractor shall furnish and make available to us at the site, rusonable storage and parking facilities, and convenient delivery access to our work.
IO. The Contractor's schedule shall be made in consultation with us, and shall provide time for us to perform our work on an 8-hour day, .fO-hour week basis. This Proposal does not include provisions for us being required to perform ovenime work for delays not caused by us.
II. Nothing in the subcontract shall be construed to require us to continue performance of work if we do not receive timdy payment for suitably performed work and for suitably stored materials.
12. We shall not be responsible for delays or defaults that are occasioned by causes of any kind which extend beyond our fault and control, including (but not limited to) delays and/ or defaults of the Architect, Engineer, Contractor, Owner, other subcontractors or third parties, civil disorders, labor disruptions, and Acts of God. We shall be entitled to equitable adjusrment in the subcontract amount for delays caused by the acts or negligence of the Architect, Engineer, Owner, or Contractor.
13. We guarantee our work against defect in labor or material for a period of one year from the date of substantial completion of the project, or from the date the work or portion thereof is placed into service, whichever is earlier. The exclusive remedy for said defect is that we will replace or repair any part of our work, which is found to be defective during this guaranty period. We shall not be responsible for any damage to our worked caused by other parties or by the improper use of equipment by others.
14. The subcontract format for use as the Subcontract shall be simple form style.
15. The Contractor shall furnish to us, free of charge, copies of all Contract Documents, before the execution of the Subcontrac1
THE VAN DYKE CORPORATION
By: 7natl&w: C�-
Mathcw C Grccnjr�,gaer
Accepted By: __________ _
Company
By: ______________ _
Name 6t Title
Page2of 2
DA TE: 3/1/2022 --------
DATE: --------
Item - 1J 6
I
I
I
RESOLUTION NO. · 20650
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SP RINGS, CALI FORN IA , REPE ALING
RESO LUTION 15188 AN D RE-ESTABLISHING
GUIDELINES FOR THE EXEMPTION OF RESIDENTIAL
PROPERTIES FROM CONNECTION TO PUBLIC SEWER
PURSUANT TO CHAPTER 15.14 OF THE PALM SPRINGS
MUNICIPAL CODE.
WHEREAS, the City Council of the City of Palm Springs, California, by Resolution No. 11248 adopted November 20, 197 4, established a policy requiring all then existing buildings and all buildings to be built thereafter, if such buildings contained plumbing, to be connected
to public sewers; and
WHEREAS, said resolution refers to an ordinance of the City implementing such policy, such ordinance being Ordinance No. 982, adopting Chapter 15.14 of the Palm Springs Municipal Code; and
WHEREAS, said Chapter 15.14 of the Palm Springs Municipal Code contains certain provisions for exemption from such connection to public sewer; and WHEREAS, the City Council of the City of Palm Springs, California, had previously adopted by Resolution, guidelines to regulate the granting of said exemptions; and WHEREAS, the City Council of the City of Palm Springs, California, now desires to adopt by Resolution, guidelines to regulate the granting of exemptions pursuant to said Chapter
15.14 of the Palm Springs Municipal Code,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows:
1. Resolution 15188 previously approved on August 15, 1984 is hereby repealed.
2. The general policy stated in Resolution No. 11248, requiring that all existing or future buildings now or hereafter containing plumbing be connected to the public sewer system is continued in full force and effect, the purpose of this resolution being only to establish guidelines for exemptions therefrom.
3. Each of the exemptions stated in Ordinance 982, including without limitation the exemptions provided in Section 15.14.010 and 15.14.020, introduced simultaneously with the adoption of said Resolution No. 11248, and thereafter enacted into law, are continued in full force and effect.
4. The condition that " ... unusual topographic or other terrain conditions exist which make the connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system ... " is deemed to be met if the following circumstances shall be found to exist:
Item - 1J 7
Resolution No. 20650
Page2
a) If the cost of on-site sewer construction and connection, exclusive of sewer facility fee, shall exceed the sum of $4,776 per dwelling unit, or such greater sum as shall hereafter be determined by resolution of the City Council; or
b) If the cost of sewer main construction, in thie event no sewer main exists in proximity to said property, shall exceed $7,960 per dwelling unit, or such greater sum as shall hereafter be determined by resolution of the city council.
The amounts in "a)" and "b)" above shall be adjusted annually in accordance with the Engineering News Record Construction Cost Index.
Adopted this 2nd day of .July , 2om1.
AYES:
NOES:
Members Mills, Oden, and Mayor Kleindienst
None
ABSENT: Members 'Hodges and Reller-Spurgin
ATTEST: CITY OF PAI_M SPRINGS, CALIFORNIA
By
City Clerk
REVIEWED AND APPROVED
I
I
I
Item - 1J 8
CITY COUNCIL STAFF REPORT
05/12/2022 1. K.
City Clerk -
SUBJECT
REJECT ALL BIDS RECEIVED FOR THE HIGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO. HSIPLN-5282(047), CITY PROJECT NO. 16-18
RECOMMENDATION:
Reject the bids received on February 1, 2022, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN-5282(047), City Project No. 16-18.
1. Authorize Staff to re-bid the Project.2.
Attachments
Item 1K
CITY COUNCIL STAFF REPORT
DATE: May 12, 2022 CONSENT CALENDAR
SUBJECT: REJECT ALL BIDS RECEIVED FOR THE H IGHWAY SAFETY IMPROVEMENT PROGRAM (CYCLE 8), FEDERAL AID PROJECT NO.
HSIPLN-5282(047), CITY PROJECT NO. 16-18
FROM: Justin Clifton, City Manager
BY: Engineering Division
SUMMARY:
This action will reject all bids received February 1, 2022 for the traffic signal improvements at 14 intersections and authorize Staff to re -bid the project. The project will need to be readvertised in compliance with the City’s adopted Project Labor Agreement (PLA).
RECOMMENDATION:
1. Reject the bids received February 1, 2022, for the Highway Safety Improvement Program (Cycle 8), Federal Aid Project No. HSIPLN -5282(047), City Project No. 16-18 (“the Project).
2. Authorize Staff to re-bid the Project.
BACKGROUND:
On May 9, 2016, the California Department of Transportation (Caltrans) released a call for projects to be funded through “Cycle 8” of the Federal Highway Safety Improvement Program (HSIP).
The Engineering Division evaluated the traffic collision and accident data for a 4- year period and coordinated with the Palm Springs Police Department to identify the intersections involving the highest number of collisions . Fourteen intersections were selected by Staff for this Project. A map of the locations is included as Attachment A.
On November 21, 2016, Caltrans selected the Project and awarded the City a grant in the amount of $2,686,600 to cover the design, construction, and management of the Project.
On June 7, 2017, the City Council approved the agreement with Caltrans to facilitate the use of federal funds and begin the design phase of the Project.
Item - 1K 1
City Council Staff Report
May 12, 2022 -- Page 2
HSIP Cycle 8 – Traffic Signal Improvements at 14 Intersections
On February 21, 2018, the City Council awarded a Professional Services Agreement to Advantec Consulting Engineers, Inc. to conduct the required engineering studies, design, and preparation of the construction documents for the Project.
On April 8 , 2021, the City Council approved the plans, specifications, and engineer’s estimate for the Project and authorized Staff to advertise and solicit bids.
STAFF ANALYSIS:
On December 15, 2021, the Engineering Division advertised the P roject to plan rooms and through the City’s on-line procurement program, PlanetBids™ to allow the submission of bids electronically.
On December 17 and December 23, 2021, staff advertised the Project for bids in The Desert Sun. The contract documents were available free of charge to prospective bidders.
On February 1, 2022, the Engineering Division received eight bids from the following contractors:
Company Location Bid Amount
Elecnor Belco Electric, Inc. Chino, CA $2,723,329
PTM General Engineering Services, Inc. Riverside, CA $2,881,081 Alfaro Communications Construction, Inc. Compton, CA $2,903,961 California Professional Engineering, Inc. La Puente, CA $2,965,003 Ferreira Coastal Construction Company Rancho Cucamonga, CA $3,153,534.48 Crosstown Electrical & Data, Inc. Irwindale, CA $3,213,073 DBX, Inc. Temecula, CA $3,248,327
Calpromax Engineering Inc. Placentia, CA $3,263,659
The engineer’s estimate for the project was $2,500,000, and all bids received were higher than expected. The H SIP grant received for the project was $2,686,600, of which $1,919,100 was set aside for construction. The additional $894,229 for construction is provided by Measure A funds.
During the process of preparing the project plans and specifications, the City approved a Project Labor Agreement (PLA) with the San Bernardino and Riverside Counties Building and Construction Trade Council, and the Signatory Craft Councils and Unions. The PLA was officially signed prior to Staff advertising the project. Inadvertently, Staff neglected to include the requirements of the PLA into the contract documents. As a result, the project as advertised was not in compliance with the City -approved PLA and should be readvertised.
Pursuant to Federal Executive Order 13502, Local Public Agencies (LPAs) may use PLAs on federal aid projects totaling less than $25 million if the agency provides evidence that the use of such an agreement on the project will:
Item - 1K 2
City Council Staff Report
May 12, 2022 -- Page 3
HSIP Cycle 8 – Traffic Signal Improvements at 14 Intersections
1. Advance the government’s interest in reducing construction costs and achieving economy and efficiency, producing labor -management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters as appropriate; and
2. Be consistent with law.
If an agency would like to use a PLA on a federal -aid construction contract, the agency must submit and receive approval at least five months before construction begins. The use of a PLA may be approved if the local agency has made a reasonable showing that the use of the PLA on the project will advance the interests of the government. Upon receipt of the request, the draft specificatio ns, and the supporting written justification for its use on the project will be reviewed by Caltrans using established criteria and then forwarded to FHWA for their review and approval.
ENVIRONMENTAL ASSESSMENT:
In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. T herefore, staff has determined that the Highway Safety Improvement Program (Cycle 8), Federal-Aid Project No. HSIPLN-5282(047), City Project No. 16-18, is considered categorically exempt from CEQA.
FISCAL IMPACT:
Construction costs have escalated since the City submitted its original grant application to Caltrans in 2017. Although Caltrans funded this project at the 100% rate, the maximum amount of the grant awarded is $2,686,600, and cannot increase without special consideration by Caltrans. Therefore, the City will need to use additional funding sources for costs above the HSIP grant.
Due to material shortages and cost escalations, the City anticipates the costs to increase and will budget the local funds needed to close the gap into the upcoming FY 2023 budget. Given that the average proposal was at $2.95 million and based on the approximate time to get the PLA language approved, Staff anticipates a 4.5% escalation of construction costs. The new estimate for the project based on these increased costs would be approximately $3.1 million.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS: Project Location Map
Item - 1K 3
Attachment A
Item - 1K 4
Project Location Map
1. N. Palm Canyon Dr./San Rafael Dr. 8. S. Palm Canyon/Ramon Rd.
2. N. Indian Canyon Dr./San Rafael Dr. 9. Ramon Rd./Farrell Dr.
3. N. Indian Canyon Dr./Vista Chino 10. Ramon Rd./Vella Rd./Kirk Douglas Way
4. Sunrise Way/Vista Chino 11. Gene Autry Trail/Ramon Rd.
5. Gene Autry Trail/Vista Chino 12. Ramon Rd./San Luis Rey Dr.
6. Clubhouse View/Vista Chino 13. S. Palm Canyon Dr./Mesquite Ave.
7. N. Indian Canyon Dr./Tachevah Dr. 14. Gene Autry Trail/Mesquite Ave/Dinah Shore Dr.
Item - 1K 5
C:
f"'1
> GENE AUTRY TRAIL
CITY COUNCIL STAFF REPORT
05/12/2022 1. L.
City Clerk -
SUBJECT
TRANSFER OF 1974 CESSNA 182 SKYLANE AIRCRAFT TO THE PALM SPRINGS
POLICE AERO SQUADRON
RECOMMENDATION:
Authorize the transfer of 1974 Cessna 182 Skylane, tail number N47PS, to the Palm Springs Police Aero Squadron.
1. Authorize the City Manager to execute all necessary documents.2.
Attachments
Item 1L
CITY COUNCIL STAFF REPORT
DATE: May 12, 2022 CONSENT CALENDAR
SUBJECT: TRANSFER OF 1974 CESSNA 182 S KYLANE AIRCRAFT TO THE
PALM SPRINGS POLICE AERO SQUADRON
FROM: Justin Clifton, City Manager
BY: Police Department
SUMMARY:
The Palm Springs Poli ce Aero Squadron, a separate legal entity than the City of Palm Springs, has been in existence since the 1950’s . The Squadron was formally recognized by the Palm Springs City Council on April 26, 1965. In 1992, the Aero Squadron purchased, and in conj unction with the City, operated a 1974 Cessna 182 Skylane a ircraft. There has been a steep decline in the deployment of the Aero Squadron and the aircraft is no longer being utilized. The Department has access to other law enforcement fixed wing aircraft and helicop ter resources in the Coachella Valley and is recommending ownership and registration of the Cessna be transferred to the Palm Springs Police Aero Squadron to end the City ’s payment of maintenance, storage, and insurance costs for the aircraft.
RECOMMENDATION:
1. Authorize the transfer of 1974 Cessna 182 Skylane, tail number N47PS, to the Palm Springs Police Aero Squadron.
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
The Palm Springs Police Aero Squadron, established i n the late 1950’s, has been comprised of dedicated volunteer pilots and observers and sworn Palm Springs Police Department personnel. Volunteer members of the Palm Springs Aero Squadron obtained a vintage aircraft, restored it with their own funds , and us ed the proceeds to purchase a 1974 Cessna 182 Skylane on March 8, 1992 for $37,500. On May 14, 1992, a registration cer tificate list ing the City of P alm Springs as a register ed owner of the aircraft, along with the “Police Aero Squadron” , was issued by th e F ederal Aviation Administration (FAA). This addition to the registration allowed the City to fully insure the aircraft.
Item - 1L 1
City Council Staff Report
May 12, 2022 -- Page 2
Transfer of Cessna 182
Annually, $6,000 is spent from the General Fund to store the aircraft, which is housed at a fixed -base operator at the Palm Springs In ternational Airport . Annual maintenance estimated at approximately $10,000 has not been performed since 2020 and would be required to ensure the Cessna 182 is air worthy prior to use. An engine overhaul estimated at approximately $40,000 is recommended prior to additional flight time. It is also recommended that the transponder and radio in the aircraft be replaced at an estimated cost of approximately $15,000.
STAFF ANALYSIS:
For many years, Palm Springs Police Department personnel and a group of hi ghly dedicated volunteer pilots and observers have operated a 1974 Cessna 172 Skylane purchased by the Palm Springs Police Aero Squadron in March of 1992. The aircraf t was used to assist law enforcement officers in search and rescue operations and during criminal and missing persons investigations, with volunteer members donating a significant amount of their own time and money to ensure the success of the program.
The Department has transitioned away from regular use of the aircraft, instead rel ying on allied law enforcement fixed wing aircraft and helicopter resources in the Coachella Valley when necessary. While these resources can be invaluable to law enforcement during search and rescue operations and rapidly evolving criminal investigations, annual and ongoing aircraft maintenance, storage and fuel are costly. Given the ready access to allied law enforcement aircraft resources and the ongoing costs associated with maintaining an aircraft, the Department does not believe continued maintenanc e and storage of the aircraft is prudent. The Department recommends ownership and registration of the aircraft be transferred to the Palm Springs Police Aero Squadron, with no exchange of monies between the City and the Aero Squadron. The FAA Bill of Sale (AC Form 8050-2) for the aircraft has been included as Attachment A. The Squadron is prepared to take full ownership and responsibility of the aircraft following the transfer.
The transfer agreement has been included as Attachment B.
ENVIRONMENTAL ASSESSMENT
:
The requested City Council action is not a "Project" as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
The transfer of the 1974 Cessna 182 Skylane to the Palm Springs Police Aero Squadron aligns with Strategic Plan 4 - Good Governance.
Item - 1L 2
City Council Staff Report
May 12, 2022 -- Page 3
Transfer of Cessna 182
FISCAL IMPACT:
The recommended zero-cost transfer of ownership and regis tration of the 1974 Cess na 182 Skylane from the City of Palm Springs to the Palm Springs Police Aero Squadron would hav e no direct impact to City revenue. Retaining the Cessna would r equire ongoing storage co sts paid from the General Fund , e stimated at $6,000 annually .
Approximately $65,000 of additional City funding for services and equipment purchases would be nec essary to ensure airwor thiness, maintain compliance with FAA requirements and update aviation communications.
REVIEWED BY:
Department Director: Andrew Mills
City Manager: Justin Clifton
ATTACHMENTS:
A. FAA Bill of Sale
B. Aircraft Transfer Agreement
Item - 1L 3
ATTACHMENT "A"
Item - 1L 4
0MB Control No. 2120-0042
Exp. 03/31/2024
PRA Public Burden Statement: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid 0MB Control Number. The 0MB Control Number for this information collection is 2120-0042. PubUc reporting for this collection of information is estimated to be approximately 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required to show evidence of ownership to register an aircraft or hold an aircraft in trust in accordance with 14 CFR Part 47. Send comments regarding this burden estimate or any other aspect of this collection of information, Including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524.
AIRCRAFT BILL OF SALE INFORMATION
PREPARATION: Prepare this form in duplicate. Except for signatures, all data should be type written or printed. Signatures must be in ink. The name of the purchaser must be identical to the name of the applicant shown on the Aircraft Registration Application, AC Form 8050-1.
When a trade name is shown as the purchaser or seller, the name of the individual owner or co-owners must be shown along with the trade name.
If the aircraft was not purchased from the last registered owner, conveyances must be submitted completing the chain of ownership from the last registered owner, through all intervening owners, to the applicant.
REGISTRATION AND RECORDING FEES: The fee for issuing a certificate of aircraft registration is $5.00. An additional fee of $5.00 is required when a conditional sales contract is submitted in lieu of bill of sale as evidence of ownership along with the application for aircraft registration ($5.00 for the issuance of the certificate, and $5.00 for recording the lien evidenced by the contract). The fee for recording a conveyance is $5.00 for each eligible piece of collateral listed thereon. (There is no fee for issuing a certificate of aircraft registration to a governmental unit or for recording a bill of sale that accompanies an application for aircraft registration and the proper registration fee.) MAILING INSTRUCTIONS:
If this form is used, please mail the original or copy which has been signed in ink to FAA Aircraft Registration Branch, P.O. Box 25504, Oklahoma City, OK 73125-0504.
AC Form 8050-2 (04/21)
Item - 1L 5
UNITED STATES OF AMERICA 0MB Control No. 2120-0042
U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION Exp. 03/31/2024
AIRCRAFT BILL OF SALE
FOR AND IN CONSIDERATION OF$ o THE
UNDERSIGNED OWNER(S) OF THE FULL LEGAL AND
BENEFICIAL TITLE OF THE AIRCRAFT DESCRIBED
AS FOLLOWS:
UNITED STATES
N
47PS
REGISTRATION NUMBER
AIRCRAFT MANUFACTURER & MODEL
Cessna 182P
AIRCRAFT SERIAL NO.
18262767
DO ES THIS DAY OF I
HEREBY SELL, GRANT, TRANSFER AND
DELIVER ALL RIGHTS, TITLE, AND INTERESTS
IN AND TO SUCH AIRCRAFT UNTO: Do Not Write In This Block
FOR FAA USE ONLY
NAME AND ADDRESS
0::
(IF INDMDUAL(S}, GIVE LAST NAME, FIRST NAME. AND MIDDLE INITIAL.) w PALM
SPRINGS POLICE AERO SQUADRON
u, 200 S. Civic Dr.
ct
Palm Springs, California 92262
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United States of America
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DEALER CERTIFICATE NUMBER
AND TO EXECUTORS, ADMINISTRATORS, AND ASSIGNS TO HAVE AND TO HOLD SINGULARLY THE SAID AIRCRAFT FOREVER, AND WARRANTS THE TITLE THEREOF:
IN TESTIMONY WHEREOF HAVE SET HAND AND SEAL THIS DAY OF NAME(S) OF SELLER SIGNATURE($) TITLE
(TYPED OR PRINTED) (IN INK) (IF EXECUTED FOR (TYPED OR PRINTED) CO-OWNERSHIP, ALL MUST SIGN.)
a:: City of Palm Springs City Manager
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ACKNOWLEDGMENT (NOT REQUIRED FOR PURPOSES OF FAA RECORDING: HOWEVER, MAY BE REQUIRED BY LOCAL LAW FOR VALIDITY OF THE INSTRUMENT.}
ORIGINAL: TO FAA:
AC Form 8050-2 (04/21)
Item - 1L 6
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0MB Control No. 2120-0042
Exp. 03/31/2024
PRIVACY ACT OF 1974 <PL 93-579) requires that users of this form be informed of the authority which allows the solicitation of the information and whether disclosure of such information is mandatory or voluntary; the principal purpose for which the information is intended to be used; the routine uses which may be made of the information gathered; and the effects, if any, of not providing all or any part of the requested information.
Title 49 U.S.C. 44101 requires the registration of each United State civil aircraft as a prerequisite to its operation. The applicant for registration must submit evidence of ownership that meets the requirements prescribed in Part 47 of the Federal Aviation Regulations.
This form identifies the aircraft being purchased, and provides space for purchaser and seller identification and signature. This is intended only to be a suggested bill of sale form which meets the recording requirements of the Federal Aviation Act, and the regulations issued thereunder. In addition to these requirements, the form of bill of sale should be drafted in accordance with the pertinent provisions of local statutes and other applicable federal statutes.
The following routine uses are made of the information gathered:
(1) To support investigative efforts of investigation and law enforcement agencies of Federal, state, and foreign governments.
(2) To serve as a repository of legal documents used by individuals and title search companies to determine the ownership of an aircraft for registration purposes. (3) To provide aircraft owners and operators information about potential mechanical defects or unsafe conditions of their aircraft in the form of airworthiness directives. (4) To provide supporting information in court cases.
(5) To serve as a data source for management information for production of summary descriptive statistics and analytical studies in support of agency functions for which the records are collected and maintained.
(6) To respond to general requests from the aviation community or the public for statistical information under the Freedom of Information Act or to locate specific individuals or specific aircraft for accident investigation, violation, or other safety related requirements. (7) To provide data for the automated aircraft registration master file. (8) To provide documents for development of the aircraft registration statistical system. (9) To prepare an aircraft register in electronic media as required by ICAO agreement containing information on aircraft owners by name, address, N-Number, and type aircraft, used for internal FAA safety program purposes and also available to the public (individuals, aviation organizations, direct mail advertisers, state and local governments, etc.) upon payment of applicable user charges reimbursing the Federal Government for its costs. (10) The aircraft records maintained by the FAA Aircraft Registry are public records and are open for inspection in room 122 of the Registry Building, Mike Monroney Aeronautical Center, 6425 S. Denning, Oklahoma City, Oklahoma 73169. Individuals interested in such information may make a personal search of the records or may avail themselves of the services of a company or an attorney.
AC Fonn 8050-2 (04/21)
Item - 1L 7
ATTACHMENT "B"
Item - 1L 8
AIRCRAFT TRANSFER AGREEMENT
THIS AGREEMENT, is entered into this _______ day of _______________ , by and between the PALM SPRINGS POLICE AERO SQUADRON (the “Aero Squadron”) a domestic nonprofit California corporation, and The CITY OF PALM SPRINGS (the "City"), a California governmental entity.
WHEREAS The Aero Squadron was formed to purchase an aircraft for the support of the City’s police force and support its operations.
WHEREAS the aircraft purchased by the Aero Squadron has been used, insured, maintained, and stored by the City.
WHEREAS the City no longer uses the Aircraft in its operations, and continues to incur the cost of maintenance, insurance, and storage for th e aircraft.
WHEREAS The City and the Aero Squadron disputes whether the City has the authority to sell the aircraft, or has an ownership interest in it.
WHEREAS to avoid any dispute between the parties, both of whom believe litigation is unnecessary, costly, and disruptive, the City wishes to transfer all of its interest in the
aircraft to the Aero Squadron to avoid further cost of ownership and use of the Aircraft.
WHEREAS the Aero Squadron wishes to take any and all interest in the aircraft which the City may have.
THEREFORE, in consideration of the premises, the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
1. Transfer of All Aircraft Interest. The City agrees to transfer any and all of its interest in the Aircraft listed herein to the Aero Squadron, and Aero Squadron agrees to accept from the City complete title and ownership in the following Aircraft (the "Aircraft"):
Aircraft Make: Cessna
Aircraft Model:
182P
Aircraft Year: 1974
Aircraft Registration Number:N47PS
Aircraft Serial Number: 18262767
Item - 1L 9
2. Consideration. Based upon the previous agreement between the Parties, and to settle any dispute as to ownership of the Aircraft, the Aircraft will be transferred for $0.
3. Aircraft Delivery. It is agreed that the Aircraft, its Airworthiness Certificate, and its logbooks shall be delivered on a mutually agreeable date at PSP Airport.
Title and risk of loss or damage to the Aircraft shall pass to Aero Squadron at the time of delivery. The Aircraft will be delivered to Aero Squadron in its present condition, AS IS, with a valid FAA Certificate of Airworthiness certificate.
4. No Warranties. The Aircraft is sold "as is." There are no warranties, either express or implied with respect to merchantability or fitness applicable to the Aircraft or any equipment applicable thereto including warranties as to the accuracy of the Aircraft's logbooks, made by The City. Aero Squadron agrees that no warranty has been expressed or implied by The City and that Aero Squadron has inspected the Aircraft and understands that it is being purchased "as is." Aero Squadron hereby expressly waives any claim for incidental or consequential damages, including damages resulting in personal injury against The City.
5. Assignment Of Maintenance, Storage, And All Related Aircraft Costs.
Aero Squadron accepts all responsibility and performance of all maintenance, storage, and any and all other costs associated with the Aircraft at the time of delivery. City assigns to, and Aero Squadron accepts, the assignment of any and all agreements concerning the Aircraft at time of delivery.
6. Taxes. The Aero Squadron shall pay any sales or use tax imposed by a state or local government, which results from the sale of the Aircraft.
7. Notice. All notices and requests required or authorized under this Agreement shall be given in writing by certified mail, return receipt requested. The date on which any such notice is received by the addressee shall be deemed the date of notice.
8. Governing Law. This Agreement is a contract executed under and to be construed under the laws of the State of California.
.
9. Attorney Fees. In the event any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the pr evailing party a reasonable amount for the successful party's attorney's fees and all actual costs.
Item - 1L 10
10. Waiver. Either party's failure to enforce any provision of this Agreement against the other party shall not be construed as a waiver thereof so as to excuse the other party from future performance of that provision or any other provision.
11. Severability. The invalidity of any portion of the Agreement shall not affect the validity of the remaining portions thereof.
12. Paragraph Headings. The headings to the paragraphs to this Agreement are solely for convenience and have no substantive effect on the Agreement nor are they to aid in the interpretation of the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
The City of Palm Springs
By: ___________________________ Date: ______________________ Name: ___________________________
Title: ___________________________
Palm Springs Police Aero Squadron
By: ___________________________ Date: _____________________________ Name: ___________________________
Title: ___________________________
Item - 1L 11
CITY COUNCIL STAFF REPORT
05/12/2022 1. M.
City Clerk -
SUBJECT
MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF PALM
SPRINGS AND QUEER WORKS, A CALIFORNIA PUBLIC BENEFIT NON-PROFIT
CORPORATION REGARDING THE DUE DILIGENCE PROJECT TO PURSUE A
STATE GRANT FOR A POSSIBLE GUARANTEED INCOME PILOT PROGRAM RECOMMENDATION:
Review and approve the accompanying Memorandum of Understanding (MOU) between the City of Palm Springs and Queer Works, a California public benefit non-profit corporation.
Attachments
Item 1M
CITY COUNCIL STAFF REPORT
DATE: M
ay 12, 2022 CONSENT CALENDAR
SUBJECT: MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF
PALM SPRINGS AND QUEER WORKS, A CALIFORNIA PUBLIC
BENEFIT NON -PROFIT CORPORATION REGARDING THE DUE
DILIGENCE PROJECT TO PURSUE A STATE GRANT FOR A POSSIBLE
GUARANTEED INCOME PILOT PROGRAM
FROM: Justin Clifton, City Manager
BY: J
eff
rey S. Ballinger, City Attorney
SUMMARY:
This i
tem provides the City Council with the opportunity to approve a memorandum of understanding (MOU) between the City of Palm Springs and Queer Works, a California public benefit non- profit corporation. The MOU is intended to establish the relationship between the City and Queer Works, as Queer Works conducts the due dil igence necessary to pursue a grant from the State of California for a possible guaranteed income pilot project.
RECOMMENDATION:
Revi
ew and approve the accompanying Memorandum of Understanding (MOU) between the City of Palm Springs and Queer Works, a California public benefit non- profit corporation.
BUSINESS PRINCIPAL DISCLOSURE:
Queer
Works is a California public benefit non- profit corporation. As a non- profit corporation, Queer Works does not have any investors. Included as Attachment A is Queer Works Statement of Information, on file with the California Secretary of State. The Statement of Information lists the following Queer Works officers: Jacob Rostovsky, Chief Executive Officer; Alan Guno, Chief Financial Officer.
BACKGROUND:
At i
ts March 24, 2022 regular meeting, the City Council considered a request by Queer Works and Desert AIDS Project (DAP) Health to provide up to $200,000 in financial Item - 1M 1
support for the purpose of conducting due diligence (the “project”) in pursuing a State of California grant for a possible guaranteed income pilot program. The State grant involves providing up to $35 million in funding for guaranteed income pilot programs over the next five years, pursuant to authority of California Welfare & Institutions Code sections 18997 through 18997.2.
The State agency responsible for administering the grant, the California Department of Social Services (CDSS), has stated that the CDSS believes that guaranteed income can be a tool to advance equity for communities that have been disproportionately impacted by poverty and wealth disparities. CDSS has further stated that it will work in partnership with participants in terms of race, ethnicity, gender, lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA) identity, age, disability, housing status, language, immigration status, justice involvement, rural or urban location, and other factors.
Transgender and nonbinary individuals are particularly vulnerable to unemployment, homelessness, assault, and discrimination, and as a result have been disproportionately impacted by poverty and wealth disparities.
At the March 24, 2022 City Council meeting, the Council voted to approve the request for financial support for the due diligence necessary to pursue the State grant.
STAFF ANALYSIS:
The accompanying Memorandum of Understanding (MOU) , Attachment B, establishes the relationship between the City and Queer Works with regard to the Council -approved financial assistance for due diligence in pursuit of the State grant.
Before turning to the terms of the proposed MOU, it is important to understand where the MOU fits within the previously approved action by the City Council. One important fac et of the March 24, 2022 Council approval is that the current project is simply a due diligence project, which is aimed at seeking State grant funding of a pilot program for guaranteed income. The Council did not approve spending any funds on a guaranteed income project itself.
With that in mind, the MOU provides for a general framework for the relationship between the City and Queer Works, as Queer Works conducts that due diligence. Among the MOU’s terms, the following are some notable provisions:
• The City and Queer Works are to m eet re gularly in order to coordinate due diligence project needs and deliverables.
• The parties are to conduct all financial affairs with transparency. • Comply with all federal, state, and local laws and regulations.
Item - 1M 2
• The City will provide, on a reimbursement basis, up to Two Hundred Thousand Dollars ($200,000) for operational costs that are necessary for the due diligence project.
• Q ueer Works, either directly or through a partner such as Desert AIDS Project (DAP), is to perform all of those activities necessary for the due diligence project.
Those items are listed as an exhibit to the MOU, and include such items as:
• Draft and submit a proposal to the Mayors for a Guaranteed Income (MGI) • Raise funds, both public funds and private philanthropic funds • Seek community engagement
• Receive feedback from MGI
• Develop program design needs, including number of participants, income eligibility, s taff requirements, and participant eligibility. With regard to the participant eligibility component, while the March 24 discussion included targeting transgender and nonbinary individuals living in Palm Springs as the target recipients of the pilot program, it should be noted that the final participant eligibility has yet to be finalized, and may be modified based on policy considerations, legal considerations, as well as State grant funding requirements.
• Queer Works is required to exercise good faith efforts to stay within the budget that is attached to the MOU.
• Queer Works is required to keep the City apprised of changes made to the program, state grant opportunities, fundraising and other information pertinent to execution of the scope of work.
• Queer Works is required to provide to the City Manager a periodic progress report (monthly, unless indicated otherwise by the City Manager, in writing) that would outline activities and progress. Such reports would include basic quantifiable and qualitative information, such as number of individuals participating in focus groups, grants or donations sought and/or received, information gleaned from due diligence etc.
• Queer Works is required to comply with all IRS, FTB and (as applicable) California Attorney General non-profit requirements to remain in good standing. • Queer Works is required to submit reasonably detailed, written, reimbursement requests, including back -up information (such as invoices, cancelled checks, payroll information) to the City, for purposes of the City’s reimbursement of such operational expenses.
• Queer Works is required to keep its books and records open to the City for audit, for up to three (3) years.
Therefore, City staff and the City Attorney recommend the City Council review and approve the accompanying MOU, in order to carry out the due diligence program previously approved.
Item - 1M 3
ENVIRONMENTAL ASSESSMENT:
The approval of this MOU will not have any environmental impacts. As such, no further review is required under the California Environmental Quality Act (CEQA), Cal. Pub. Res.
Code 21000 et seq.
ALIGNMENT WITH STRATEGIC PLANNING:
This MOU and the pilot program that is pursues aligns with the City Council’s goals of improving homelessness and advancing economic development, by providing a pilot program to address historic and systemic economic barriers within the community.
FISCAL IMPACT:
The approval of this MOU carries out the City Council’s prior policy decision to spend up to $200,000. It is possible that less than such amount may be expended in pursuit of the due diligence project.
REVIEWED BY:
City Attorney Jeffrey S. Ballinger
City Manager: Justin Clifton
ATTACHMENTS:
A. Statement of Information – Queer Works
B. Memorandum of Understanding (MOU)
Item - 1M 4
BA20220013267
Entity Details
Corporation Name QUEER WORKS
Entity No. 4191390
Formed In CALIFORNIA
Street Address of California Principal Office of Corporation Street Address of California Office 1775 E PALM CANYON DRIVE SUITE 110 -1032
PALM SPRINGS, CA 92264
Mailing Address of Corporation
Mailing Address 2510 N WHITEWATER CLUB DR, UNIT B
PALM SPRINGS, CA 92262
Attention Jacob Rostovsky
Officers
Officer Name Officer Address Position(s)
JACOB ROSTOVSKY 2510 N WHITEWATER CLUB DR, UNIT B
PALM SPRINGS, CA 92262
Chief Executive Officer
− Adam Cafege 2510 N Whitewater Club Dr, Unit B
Palm Springs, CA 92262
Secretary
Alan Guno 2510 N Whitewater Club Dr, Unit B
Palm Springs, CA 92262
Chief Financial Officer
Additional Officers
Officer Name Officer Address Position Stated Position
None Entered
Agent for Service of Process
Agent Name JACOB ROSTOVSKY
Agent Address 2510 N WHITEWATER CLUB DR, UNIT B
PALM SPRINGS, CA 92262
Email Notifications
Opt-in Email Notifications Yes, I opt-in to receive entity notifications via email.
Electronic Signature
By signing, I affirm that the information herein is true and correct and that I am authorized by California law to sign.
Jacob Rostovsky
Signature
04/09/2022
Date
STATE OF CALIFORNIA
Office of the Secretary of State
STATEMENT OF INFORMATION
CA NONPROFIT CORPORATION
California Secretary of State
1500 11th Street
Sacramento, California 95814
(916) 653-3516
B0582-2912 04/09/2022 6:09 AM Received by California Secretary of State
For Office Use Only
-FILED-
File No.: BA20220013267
Date Filed: 4/9/2022
Item - 1M 5
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PALM SPRINGS
AND
QUEER WORKS
This Memorandum of Understanding (“MOU”) , by and between the City of Palm Springs (“City”), and Queer Works, a California public benefit non-profit corporation (“Queer Works”), and together known as the “Parties”. This MOU shall be effective on the date (“Effective Date”) that it is last signed below.
RECITALS
WHEREAS, the City is a charter city and California municipal corporation; and
WHEREAS, the City Council at its March 24, 2022 regular meeting considered a request by Desert AIDS Project (DAP) Health and Queer Works to provide $200,000 in financial support for the purpose of conducting due diligence (the “Project”) in pursuing a State grant for a possible guaranteed income pilot program; and
WHEREAS, the State grant involves providing $35 million in funding for guaranteed income pilot programs over the next five years, pursuant to authority of California Welfare & Institutions Code sections 18997 through 18997.2; and
WHEREAS, the State agency responsible for administering the grant, the California Department of Social Services (CDSS), has stated that the CDSS believes that guaranteed income can be a tool to advance equity for communities that have be en disproportionately impacted by poverty and wealth disparities; and
WHEREAS, the CDSS has further stated that it will work in partnership with participants in terms of race, ethnicity, gender, lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA) iden tity, age, disability, housing status, language, immigration status, justice involvement, rural or urban location, and other factors; and
WHEREAS, the Parties believe that transgender and nonbinary individuals are particularly vulnerable to unemployment, homelessness, assault, and discrimination, and as a result have been disproportionately impacted by poverty and wealth disparities; and
WHEREAS, the request would target transgender and/or nonbinary individuals as the participants in the pilot program, and would take into account income disparities as well; and
WHEREAS, this MOU establishes a framework for a sustainable partnership between the Parties in order for mutual support to continue and prosper.
Item - 1M 6
AGREEMENT
Now, therefore, in consideration of the above Recitals and the mutual covenants and obligations contained in this MOU, the Parties agree as follows:
I. OBLIGATIONS OF BOTH PARTIES
Both Parties agree to:
• Foster a strong and cooperative relationship through regular coordination of Queer Works’ and the City’s plans, budgets, resources, events, and programs and make timely decisions on said matters.
• Meet regularly in order to coordinate Project needs and deliverables. • Publicize the community benefits associated with the Project. • Conduct all financial affairs with transparency.
• Document and coordinate mutually agreed -upon items and share helpful or pertinent information.
• Comply with all federal, state, and local laws and regulations.
II. OBLIGATIONS OF THE CITY
City agrees to:
a. Governance/Administration
i. Grant the Queer Works permission to use the name , likeness and logo of the City for uses that support the Project.
ii. Draft any required City Council resolution.
b. Finances
i. P rovide, on a reimbursement basis, up to Two Hundred Thousand Dollars ($200,000) for operational costs that are necessary for the Project . City shall make such reimbursement payment within forty five (45) days following the submittal of complete reimbursement requests, as discussed below.
III. OBLIGATIONS OF QUEER WORKS
Queer Works agrees to:
a. Performance of Project
i. Perform those activities identified in Exhibit “A”, attached hereto and incorporated by reference herein for purposes of pursuing the Project .
Item - 1M 7
Queer Works may perform such activities itself, or in coordinate with DAP (through a separate agreement between Queer Works and DAP). ii. Queer Works shall exercise good faith efforts to remain within the estimated budget attached hereto as Exhibit “B”, which is incorporated by reference herein.
iii. Keep the C ity apprised of changes made to the program, state grant opportunities, fundraising and other information pertinent to execution of the scope of work.
iv. Provide to the City Manager a periodic progress report (monthly, unless indicated otherwise by the City Manager, in writing) that would outline activities and progress. Without limiting the generality of the foregoing, such periodic reports shall include basic quantifiable and qualitative information, such as number of individuals participating in focus groups, grants or donations sought and/or received, information gleaned from due diligence etc.
b. Finances
i. Comply with all IRS, FTB and (as applicable) California Attorney General non-profit requirements to remain in good standing.
ii. Submit reasonably detailed, written, reimbursement requests, including back-up information (such as invoices, cancelled checks, payroll information) to the City, for purposes of the City’s reimbursement of such operational expenses. Such requests shall be provided to the on the 5 th day
of each month following the Effective Date.
IV. RECORDS AND AUDITS.
Queer Works shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this MOU and such other records as may be deemed necessary by the City or any authorized representative. All records shall be made available at the request of the City, with reasonable notice, during regular business hours, and shall be retained by Queer Works for a period of three years after the expiration of this Agreement.
V. AMENDMENT, RENEWAL AND TERMINATION
a. The term of this MOU shall commence on the Effective Date and, unless sooner terminated by written agreement of the Parties, shall end on the expiration of one (1) year following the Effective Date (“the Expiration Date”). Either party may renew this MOU for an additional period of one ( 1) year to commence upon the Expiration Date. To exercise this option to renew, a party must deliver to the other party a written notice of its exercise of the option to renew at least sixty (60) days prior to the Expiration Date.
Item - 1M 8
b. Any modifications, assignments, alterations, or extensions must be in writing, signed, and approved by both Parties.
c. This MOU may be terminated , with or without cause, by either Party upon thirty (30) days’ written notice ; provided, however, that the City shall reimburse to Queer Works any allowable operation expenses that were reasonably incurred prior to the date of the termination .
VI. INDEMNITY
a. Each P arty agrees to indemnify, defend, and hold harmless the other P arty, its officials, directors, officers, agents and employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys’ fees and costs of suit, to the extent caused by, arising out of, or in connection with, the indemnifying Party’s negligent or wrongful acts or omissions arising from its respective activities pursuant to this MOU.
VII. DISPUTE RESOLUTION
a. The Parties agree to work together in good faith to resolve disagreements that may arise under this MOU. Should such a disagreement arise, the Parties having authority to resolve the dispute will meet and negotiate in good faith toward a mutually satisfactory solution. If any disagreement cannot be resolved through such negotiations, the Parties will consider other alternative dispute resolution processes upon which they may later agree. However, if at any time a Party determines that circumstances so warrant, such Party may seek an y available remedy without waiting to complete the informal meet and confer process.
VIII. GENERAL PROVISIONS
a. Assignment. Neither Party may assign or transfer all or any portion of its rights or obligations under this MOU to any third party, without obtaining the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any purported assignment, without the other Party’s prior written consent, shall be void. b. Binding Effect. This MOU shall be binding on all heirs, successors and assigns of Queer Works and the City.
c. Entire Agreement. This MOU contains the entire agreement and understanding of the Parties on this subject. The City and Queer Works understand, acknowledge and agree that no Party, or any agent or attorney for any Party, has made any promise, representation or warranty of any kind whatsoever, express or implied, not contained herein to induce the execution of this MOU. The City and Queer Works understand, acknowledge and agree that this MOU has not been executed in reliance upon any promise, representation, or warranty not contained herein.
Item - 1M 9
d. Applicable Law. This MOU and all rights and obligations arising out of it shall be construed in accordance with the laws of the State of California. Any legal or administrative action arising out of this MOU shall be conducted in Riverside County, California. e. Warranty of Authority. The persons executing this MOU on behalf of the City and Queer Works represent and warrant that they are duly authorized to execute this MOU and to bind their respective Party to all terms and conditions of this MOU. d. Severability. If any section, subsection, sentence, clause or phrase of this MOU, or the application thereof to any of the Parties, is for any reason held invalid or unenforceable, the validity of the remainder of the MOU shall not be affected thereby and may be enforced by the Parties to this MOU.
e. Notices. All notices, demands and communications between the City and Queer Works shall be in writing and shall be given by personal delivery, registered mail (return receipt requested, with postage prepaid) , Federal Express, electronic mail, or any other reliable private express delivery service to the following addresses:
City of Palm Springs Queer Works
3200 E. Tahquitz Canyon Way 2510 N. Whitewater Club Dr., Unit B Palm Springs, CA 92262 Palm Springs, California 92262 Attn: Justin Clifton Attn: Jacob Rostovsky
[email protected] [email protected]
The foregoing names, addresses may be changed at any time by written notice, as provided above. f. Interpretation. This MOU has been prepared jointly by the Parties, with full access to legal counsel of their own. No ambiguity shall be resolved against any Party on the premi se that it or its attorneys were solely responsible for drafting this MOU or any provision thereof. g. Counterparts. This MOU may be executed electronically, and in one or more counterparts, each of which shall constitute an original.
IN WITNESS, WHEREOF, the Parties enter into this Understanding as of the Effective Date.
[SIGNATURES ON THE FOLLOWING PAGE]
Item - 1M 10
SIGNATURE PAGE
TO
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF PALM SPRINGS
AND
QUEER WORKS
QUEER WORKS CITY OF PALM SPRINGS
By: ___________________________
Date: ___________________
By: ___________________________
Justin Clifton, City Manager
Date: ___________________
By: ___________________________
Name: ________________________
Date: ___________________
ATTEST:
By: ___________________________
Monique Lomeli , Interim City Clerk
APPROVED AS TO FORM:
By: ___________________________
Jeffrey S. Ballinger
City Attorney
Item - 1M 11
EXHIBIT A
GUARANTEED INCOME APPLICATION/DESIGN PHASE
Item - 1M 12
EXHIBIT B
BUDGET
Item - 1M 13
CITY COUNCIL STAFF REPORT
05/12/2022 1. N.
City Clerk -
SUBJECT
LETTER OF SUPPORT – SAN GORGONIO PASS RAIL CORRIDOR
RECOMMENDATION:
Approve the letter of support.
Attachments
Item 1N
CITY COUNCIL STAFF REPORT
DATE: M
AY 12, 2022 CONSENT CALENDAR
SUBJECT: LETTER OF SUPPORT – SAN GORGONIO PASS RAIL CORRIDOR FROM: Justin Clifton, City Manager
SUMMARY:
This
agenda item provides Council with an opportunity to issue a letter of support for the San Gorgonio Pass Rail Co rridor that is intended to extend rail road connectivity approximately 144 miles between downtown Los Angeles and the Coachella Valley.
RECOMMENDATION:
Approv
e the letter of support.
BACKGROUND:
The F ederal
Railway Association, Caltrans, the Riverside County Transport ation Commission, and other partner agencies propose extending railroad connectivity across the San Gorgonio P ass, connecting Los Angeles to the Coachella Vall ey. The project contemplates approximately 144 miles on an existing rail corridor, mostly parallel to I -5, Route 91, and I-10. The project will connect an endpoint at Union Station, Los Angeles and yet to be determined endpoint in I ndio or Coachella. Service is proposed to include two daily round tr ips and an approximate travel time of 3 hours and 15 minutes. The project includes access to four existing stations, potentially including Palm Springs and up to five additional stations over time . The project has been through early phases of development, including Feasibility Studies, Alternatives Analysis and Program Environmental Document and Service D evelopment. Future phases for Project Level Environmental Document and Preliminary Engineering and P hases Design and Construction remain and have not been schedu led. Greater details of the project are included as Attachment A. The draft letter of support is included as Attachment B.
ALIGNMENT WITH STRATEGIC PLANNING:
This pr
oject aligns with goals outlined in the P alm Springs Climate Action Plan and City Council priorities around Environmental Stewardship.
FISCAL IMPACT:
None.
Item - 1N 1
REVIEWED BY:
City Manager: Justin Clifton
ATTACHMENTS:
A. Coachella V alley – San Gorgonio Pass Program Environmental Document and Service Development Plan
B. Letter of support to Pete Buttigieg, U.S. Secretary of Transportation Item - 1N 2
ATTACHMENT A
Item - 1N 3
Project Highlights
Connecting Coachella Valley and Los Angeles:
Approximately 144 miles on an existing rail corridor,
mostly parallel to I-5, Route 91, and I-10
Serving the Counties of: Los Angeles, Orange,
Riverside and San Bernardino
Eastern Endpoint: Cities of Indio or Coachella in
Riverside County
Western Endpoint: Los Angeles Union Station in
Los Angeles County
Approximate trip time: 3 hours and 15 minutes
People traveling through San Gorgonio Pass:
Approximately 160,000 per day
Proposed Service: Two daily round-trips
Stations: Enhance access to four existing stations
and potential to add /f_ive new passenger rail stations over time
Adding: Tracks at selected locations to enhance train
travel speeds, minimize delays, and maintain safety
Program Overview
The proposed Coachella Valley-San Gorgonio
Pass Rail Corridor (Coachella Valley Rail) extends
approximately 144 miles between downtown
Los Angeles and the Coachella Valley. The
Riverside County Transportation Commission
(RCTC), in coordination with the California
Department of Transportation (Caltrans) and the
Federal Railroad Administration (FRA), is working
to bring passenger rail service as an alternate
mode of travel across Southern California,
connecting desert communities and attractions
with Los Angeles, Orange County, and the
Inland Empire.
The program proposes operating two daily
round-trips between Los Angeles Union Station
and Indio or Coachella, with morning and
evening departures from each end. Passenger
service is expected to take about 3 hours and
15 minutes, which is comparable to trips made
by cars on congested highways connecting these
communities, such as I-5, Route 91, and I-10.
Spring 2021
Environmental Milestones
Agency Partners
Milestones
Prepare Tier 1/Program Level Draft EIS/EIR
Notice of Availability/Notice of Completion
Release of Tier 1/Program Level Draft EIS/EIR
Prepare Tier 1/Program Level Final EIS/EIR
Record of Decision/Notice of Determination
Timeline
Winter 2020/21
Spring 2021
Spring 2021
Fall 2021
December 2021
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Coachella Valley–San Gorgonio Pass Rail Corridor Service Program Environmental Document
and Service Development Plan
Item - 1N 4
RIVERSIDE
COUNTY
TRANSPORTATION
COMMISSION
8 •
-
Project-Level
Environmental
Document &
Preliminary
Engineering
Phased Final
Design &
Construction
We Are Here
Alternatives
Analysis
Program
Environmental
Document &
Service
Development
Plan
Environmental Process
The environmental analysis currently being
conducted is a Tier 1/Program Environmental
Impact Statement/Environmental Impact Report
(EIS/EIR), in accordance with the National
Environmental Policy Act (NEPA) and the
California Environmental Quality Act (CEQA).
The Tier 1/Program Draft EIS/EIR is anticipated
to be released for public review in spring 2021
for 45 days with virtual public hearings. Future
Tier 2/Project NEPA/CEQA documents will be
prepared when funding is identi/f_ied. RCTC is
actively seeking funding opportunities to
advance the program.
The Tier 1/Program Draft EIS/EIR identi/f_ies
potential impacts caused by operating the
service and constructing infrastructure (primarily
tracks and stations). Speci/f_ic station locations
and track designs will not be identi/f_ied at this
stage of the program. The Tier 1/Program will
address broad questions and environmental
effects of the overall program; however, it will
not address location-speci/f_ic details or
authorize construction.
The Tier 1/Program Draft EIS/EIR analyzes 18
environmental resource topics and re/f_lects
comments received during the 2016 public
scoping process. Concurrently, a Service
Development Plan (SDP) is being /f_inalized to
provide a high-level conceptual operations
plan. Modeling is being conducted so that
passenger and freight rail operations can
perform ef/f_iciently.
Project Milestones
Project History
1991
Initial Feasibility Studies: Evaluated one
or two daily long-distance rail round-trips
between Los Angeles and Indio
2010-2013
Additional Feasibility Studies
2013-2016
Market Assessment/Alternatives Analysis:
Evaluated /f_ive alternatives to determine
the preferred alignment
July 2016
Finalized Alternatives Analysis/Preferred
Route Advances for Environmental
Studies: Proceeded with preferred route
through Fullerton and Riverside to be
carried forward for analysis in the Service
Development Plan and Tier 1/Program
EIS/EIR
Fall 2016 – Spring 2021
Tier 1/Program EIS/EIR: Held public
scoping meetings and completed
studies for Draft EIS/EIR for public review
2013-2016 2016 -2021 TBD TBD
Feasibility
Studies
1990-2013
Coachella Valley–San Gorgonio Pass Rail Corridor Service Item - 1N 5
Coachella Valley–San Gorgonio Pass Rail Corridor Service Topics Being Evaluated
Geology, Soils, Seismicity, and Paleontological
Resources (including mineral resources)
Hazards and Hazardous Materials
Public Utilities and Energy
Cultural Resources
Parklands and Community Services
Safety and Security
Socioeconomics and Communities Affected
Cumulative Effects
Section 4(f )/6(f ) Resources
The Tier 1/Program Draft EIS/EIR evaluates the impacts and bene/f_its of the program including:
Land Use and Planning (including agricultural and
forestry resources)
Transportation
Visual Quality and Aesthetics
Air Quality and Greenhouse Gases
Noise and Vibration
Jurisdictional Waters and Wetland Resources
Biological Resources
Floodplains, Hydrology, and Water Quality (including
watersheds)
Environmental Justice Effects
•
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•
The Corridor at a Glance
Western End Eastern End
The western end of the corridor will connect riders to
Los Angeles Union Station, the largest railroad passenger terminal in the western United States. Passengers can
also access revitalized Downtown Fullerton and other
attractions and concert venues in Orange County as well as Riverside’s bustling downtown area that offers museums,
theaters and the historic Mission Inn Hotel & Spa.
The eastern end of the corridor will give access to the growing communities of Banning and Beaumont and
the vibrant city of Palm Springs. Travelers will also be connected to the heart of the Coachella Valley, home to premier golf courses and dining as well as the cities of Indio and Coachella near world-renowned music festivals and events.
•
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Item - 1N 6
LEGEND
_ - Preferred Route
• - Existing Station
- _ Potential Station Area
COACHELLA
VALLEY
•
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Coachella Valley–San Gorgonio Pass Rail Corridor Service How to Participate
RCTC, Caltrans, and the FRA encourage your
participation in the environmental review process.
The Tier 1 Program/Draft EIS/EIR for the Coachella
Valley-San Gorgonio Pass Rail Corridor Service is
anticipated for release in spring 2021.
Contact Us
Please contact us to stay informed and share your
thoughts on this proposed project.
951-787-7141
[email protected]
CVRailProject
RCTC.org/cvrail
Virtual public hearings will be held to solicit
comments about the Tier 1/Program Draft EIS/EIR.
Please watch for dates of these public hearings
and how to submit comments during the 45-day
public review period.
Item - 1N 7
RIVERSIDE
COUNTY
TRANSPORTATION
COMMISSION
ATTACHMENT B
Item - 1N 8
May 12, 2022
The Honorable Pete Buttigieg
Secretary
U.S. Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
Subject: Support for the Coachella Valley -San Gorgonio Pass Rail Corridor Service Project Multimodal Project Discretionary Grant Funding Application
Dear Secretary Buttigieg:
On behalf of the City of Palm Springs , we are pleased to support the Riverside County Transportation Commission’s (RCTC) application for the Multimodal Project Discretionary Grant funding for the Coachella Valley-San Gorgonio Pass Rail Corridor Service Tier II Project Approval and Environmental Documentation Project (Project).
If awarded, the funding would advance the P roject closer to construction and daily intercity rail service between Los Angeles and the Coachella Valley would be closer to becoming a reality . With the Service Development Plan (SDP) and National Environmental Policy Act ( NEPA) and California Environmental Quality Act (CEQA) Tier I environmental clearance for the service expected to be approved in 2022, the NEPA and CEQA Tier II environmental study - estimated at $60,000,000 - is the next step toward fulfilling this transformational vision in partnership with the Federal Railroad Administration.
As a joint project between RCTC and the California Department of Transportation, the Project will provide for the following:
• Preliminary engineering along the 76-mile eastern section of track to the 30% level; and • Project-level environmental clearance for up to six stations, a new third main track, and associated grade crossing and signal improvements on the eastern section of the corridor.
The Coachella Valley-San Gorgonio Pass Rail Corridor Service Project aligns with state and federal goals to reduce vehicle miles traveled, support climate action policies, and will provide vital connections for communities and disadvantaged areas across a growing region. The State of California and RCTC have a vested interest in fostering equitable investments in transportation infrastructure and transit mobility, as well as in sustainable freight and goods movement, and are committed to matching funds for this game- changing economic opportunity with environmental benefits from Los Angeles through Coachella Valley.
We are proud to support this application and urge its award.
For questions regarding this letter of support, please contact Justin Clifton, Palm Springs City Manager, at 760-322-8362.
Sincerely,
Item - 1N 9
CITY COUNCIL STAFF REPORT
05/12/2022 2. A.
City Clerk -
SUBJECT
AN APPEAL BY LWSC LLC (BUILDING OWNER), C/O PSPC ENTERPRISES LLC, (DBA FUEGO NIGHTCLUB) OF THE DECISION BY THE PLANNING COMMISSION
TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP)
RECOMMENDATION:
Continue deliberations on the appeal by LWSC LLC (Building Owner), c/o PSPC Enterprises LLC (dba Fuego Nightclub); public testimony was received on April 21, 2022.
1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC ENTERPRISES LLC (DBA FUEGO NIGHTCLUB) AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”
2. Alternatively, adopt a Resolution entitled, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE APPEAL BY PSPC ENTERPRISES LLC (DBA FUEGO NIGHTCLUB) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A
CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP)."
3. Attachments
Item 2A
CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2022 PUBLIC HEARING - CONTINUED
SUBJECT: AN APPEAL BY LWSC LLC (BUILDING OWNER), c/o PSPC ENTERPRISES LLC, (dba FUEGO NIGHTCLUB) OF THE DECISION BY
THE PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN
EXISTING 9,504-SQUARE FOOT BUILDING WITH ACCOMPANYING
OFF-STREET PARKING, LOCATED AT 3 83 SOUTH PALM CANYON
DRIVE, ZONE CBD, (CASE 5.1544 CUP)
FROM: Justin Clifton, City Manager
BY: Planning Division
SUMMARY:
The City Council received testimony during a public hearing at the meeting of April 21, 2022 and voted 3-1-1 to continue to a date certain of May 12, 2022, to receive additional information relative to the proposed security plan for the operation of the proposed Fuego Nightclub. A copy of the security plan is available as an attachment to this report; the applicant and Palm Springs Police Department (PSPD) S taff will be available at the City Council meeting to provide testimony and respond to questions regarding the security plan.
Additional background on the project is available in the April 21, 2022 City Council staff report accessible online here:
https://destinyhosted.com/palmsdocs/2022/CC/20220421_1367/3708_2A_-_OCR.pdf
RECOMMENDATION:
1) Continue deliberations on the appeal by LWSC LLC (Building Owner), c/o PSPC Enterprises LLC (dba Fuego Nightclub); public testimony was received on April 21, 2022.
2) Adopt Resolution No. ____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND UPHOLDING THE Item - 2A 1
City Council Staff Report
May 12, 2022 – Page 2
5.1544 CUP – Fuego Nightclub – Appeal
DECISION OF THE PLANNING COMMISSION TO DENY A CONDITIONAL USE
PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504 -SQUARE FOOT BUILDING WITH ACCOMPANYING OFF- STREET PARKING, LOCATED AT 3 83 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”, or
2) Alternatively, adopt Resolution No. ____, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, APPROVING THE APPEAL BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) OF THE PLANNING COMMISSION’S DENIAL DECISION AND APPROVING A
CONDITIONAL USE PERMIT (CUP) FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN EXISTING 9,504 -SQUARE FOOT BUILDING WITH ACCOMPANYING OFF-STREET PARKING, LOCATED AT 3 83 SOUTH PALM CANYON DRIVE, ZONE CBD, (CASE 5.1544 CUP).”
SECURITY PLAN:
The provision of a Security Plan is part of the Conditions of Approval under the Palm Springs Police Department (PSPD) conditions # POL 2 requiring that the business owner enter into an agreement with the City to provide a framework to ensure a safe environment for patrons and employees ; address potential noise impacts to adjacent land uses ; and provide written policies addressing potential life safety issues.
The use of a security plan is required for all nightclubs in the City of Palm Springs.
Businesses currently operating or recently approved with a security plan include Reforma; Village Pub; Moxie; Hunters; Streetbar; Chill Bar; Toucans; and Pretty Faces, to name a few. Each of these security plans are similar and address the following important issues:
• Minors
• Staff Training
• Safety Measures
• Active Shooter, Stabber, Other Weapons
• Sexual Harassment/Assault
• Bomb Threat
• Patrols – Security Personal
• Lighting
• Video Surveillance System
• Noise
The Security Plan for Fuego Nightclub was devised by Sargant Frank Guarino of the PSPD after an in -person walk -through of the subject site with the business owner to discuss video camera placement, the overall operation and flow of patrons, access points, the parking lot, potential noise, and jaywalking issues in front of the business. The security plan reflects best practices and is like others approved as part of a Conditional Use Item - 2A 2
City Council Staff Report
May 12, 2022 – Page 3
5.1544 CUP – Fuego Nightclub – Appeal
Permit.
At the meeting of April 21, 2022, the City Council received testimony from Planning and Police Department Staff, the business owner, adjacent tenants, and owner representatives of adjacent hotel s. A fter careful consideration, the Council made comments relative to the sound mitigation measures proposed in the building, potential noise impacts from late night activities in the parking lot, patrons jaywalking mid-block of South Palm Canyon Drive, and the impact of street parking to nearby hotels and apartment complexes and requested that the item return to allow for continued input from the Police Department. On May 3, 2022, Staff from the Police Department met with the applicant and discussed the measures planned to address security, parking, and noise issues. The Police Department will also be available to provide additional information during the Council’s review of this item on May 12, 2022.
REVIEWED BY:
Assistant Planning Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
1. Vicinity Map
2. Draft Resolution – Denying Appeal
3. Draft Resolution – Approving Appeal
4. Conditions of Approval
5. Security Plan
Additional exhibits, previous staff reports, noise studies, and public comment are available in City Council staff report of April 21, 2022, which is available at the following link:
https://destinyhosted.com/palmsdocs/2022/CC/20220421_1367/3708_2A_-_OCR.pdf
Item - 2A 3
ATTACHMENT #1
Item - 2A 4
Item - 2A 5
Department of Planning Services
Vicinity Map
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CITY OF PALM SPRINGS
Case # 5.1544 CUP
Fuego Nightclub
383 S. Palm Can on Drive
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ATTACHMENT #2
Item - 2A 6
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA DENYING THE APPEAL BY
PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB) AND
UPHOLDING THE DECISION OF THE PLANNING
COMMISSION TO DENY A CONDITIONAL USE PERMIT (CUP)
FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN
EXISTING 9,504 -SQUARE FOOT BUILDING WITH
ACCOMPANYING OFF-STREET PARKING, LOCATED AT 383
SOUTH PALM CANYON DRIVE, ZONE CBD (CASE 5.1544
CUP).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. LWSC, LLC, (Building Owner) c/o PSPC Enterprises LLC (dba Fuego Nightclub) (“Applicant”) has filed a Conditional Use Permit application, Case 5.1544 CUP, with the City pursuant to Sections 94.02.00 (Conditional Use Permit) of the Palm Springs Zoning Code; proposing a tenant improvement for a nightclub/lounge in a 9,504-square foot single-use building located at 383 South Palm Canyon Drive, Zone CBD.
B. On March 9, 2022, a public hearing on the applications to consider Case
5.1544 CUP was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 7-0 to deny the application based on not being able to make finding #2 that the proposed use is necessary or desirable for the development of the community and in harmony with the various elements of the general plan.
C. On March 17, 2022, PSPC Enterprises LLC filed an appeal to the City Council of the March 9, 2022 Planning Commission’s decision to deny Case 5.1544 CUP in accordance with applicable law.
D. A notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1544 CUP was given in accordance with applicable law.
E. On April 21, 2022, the City Council of the City of Palm Springs, California, held a public hearing on the Planning Commission’s decision to deny Case 5.1544 CUP, in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the meeting.
F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, and all written and oral testimony presented.
G. Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that five findings be met in order to approve a Conditional Use Permit. The City Council finds the following relativ e to these findings and the proposed the Conditional Use Permit application, Case 5.1544 CUP:
Item - 2A 7
City Council Resolution April 21, 2022
Case No. 5.1544 CUP – Fuego Nightclub Page 2 of 3
2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
As noted in Zoning Code Section 92.09.00, The Central Business District is intended to be a compact, lively, active, intensively used area catering to the pedestrian with specialty retail, restaurants and entertainment uses. However, the Planning Commission has determined that the proposed use as a nightclub with late night hours and DJ music is not desirable for the community and has the potential to be detrimental to the adjacent residential uses. The proposed noise attenuation measures inside the building will not fully contain the noise and there is potential for disturbances to occur in the off -street parking lot which adjoins residential apartments and hotels. Therefore, the Planning Commission cannot make this finding.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1.
That the foregoing Recitals are true and correct and are incorporated herein by this reference.
SECTION 2. That the City Council rejects the appeal and denies Case 5.1544 CUP, a conditional use permit for a nightclub/lounge use located at 383 South Palm Canyon Drive.
SECTION 3. That this action is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (14 Cal. Code Regs.) Section 15061(b)(4), which states projects are exempt from CEQA if the project is rejected or disapproved.
ADOPTED THIS 21st DAY OF APRIL, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item - 2A 8
City Council Resolution April 21, 2022
Case No. 5.1544 CUP – Fuego Nightclub Page 3 of 3
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 9
ATTACHMENT #3
Item - 2A 10
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS CALIFORNIA APPROVING THE APPEAL
BY PSPC ENTERPRISES LLC (dba FUEGO NIGHTCLUB)
OF THE PLANNING COMMISSION’S DENIAL DECISION
AND APPROVING A CONDITIONAL USE PERMIT (CUP)
FOR A NIGHTCLUB / COCKTAIL LOUNGE USE WITHIN AN
EXISTING 9,504 -SQUARE FOOT BUILDING WITH
ACCOMPANYING OFF -STREET PARKING, LOCATED AT
383 SOUTH PALM CANYON DRIVE, ZONE CBD (CASE
5.1544 CUP).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. LWSC, LLC, (Building Owner) c/o PSPC Enterprises LLC ( dba Fuego Nightclub) (“Applicant”) filed a Conditional Use Permit application, Case 5.1544 CUP, with the City pursuant to Section 94. 02.00 ( Conditional Use Permit ) of the Palm Springs Zoning Code; proposing a tenant improvement for a nightclub/lounge in a 9,504-square foot single-use building located at 383 South Palm Canyon Drive, Zone CBD.
B. On March 9, 2022, a public hearing on the applications to consider Case
5.1544 CUP was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 7-0 to deny the application based on not being able to make finding #2 that the proposed use is necessary or desirable for the development of the community and in harmony with the various elements of the general plan.
C. On March 17, 2022, PSPC Enterprises LLC filed an appeal to the City Council of the March 9, 2022 Planning Commission’s decision to deny Case 5.1544 CUP in accordance with applicable law.
D. A notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1544 CUP was given in accordance with applicable law.
E. On April 21, 2022, the City Council of the City of Palm Springs, California, held a public hearing on the Planning Commission’s decision to deny Case 5.1544 CUP, in accordance with applicable law, and carefully revi ewed and considered all of the evidence presented in connection with the meeting.
F. T he proposed tenant improvement and conditional use permit is considered a “p roject” pursuant to the California Environmental Quality Act (“CEQA”). The City Council has evaluated the project under the guidelines of CEQA and determined it to be exempt from further analysis under CEQA as a Type 1 ( Existing Facilities) Categorical Exemption. The applicant provided a noise study, and the City hired a consultant to peer review the report. Both had recommendations for improvements on the building interior Item - 2A 11
City Council Resolution No. April 21, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 2 of 5
to mitigate and provide noise attenuation as part of attached Conditions of Approval.
G. The Palm Springs Police Department reviewed the project and devised a Security Plan to be implemented by the business owner to include cameras, security guards, and appropriate technology to regulate noise and provide a safe environment for employees, and patrons.
H. T he City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including, but not limited to, the staff report, and all written and oral testimony presented.
I. Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that five findings be met in order to approve a Conditional Use Permit. The City Council finds the following relative to these findings and the proposed the Conditional Use Permit application, Case 5.1544 CUP:
1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.
Pursuant to Zoning Code Section 92.09.01 (D,3) nightclubs and cocktail lounges are permitted in the CBD zone with approval of a CUP.
2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.
As noted in Zoning Code Section 92.09.00, the Central Business District is intended to be a compact, lively, active, intensively used area catering to the pedestrian with specialty retail, restaurants and entertainment uses. The proposed use will be desirable for the development of the community as a new entertainment venue in the CBD zone.
as the main activity center and cultural core of the community… theaters, museums, retail, and other entertainment venues are encouraged.”
The proposed nightclub use is in harmony with the goals and policies of the general plan as follows:
• Policy LU7.1: Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales in appropriate areas of the City.
• Policy LU10.4: Accommodate a broad range of uses Downtown to meet the needs of both residents and visitors and to stimulate both Item - 2A 12
City Council Resolution No. April 21, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 3 of 5
daytime and evening activity.
• Page 16 of the Downtown Urban Design Guidelines states, “Encourage adaptive reuse of historic buildings…”
• Policy CD 28.7 Encourage developers of sites containing a significant architectural, historical or cultural structure to adaptively reuse and expand it.
• Policy CD30.3: Encourage uses that maintain extended evening hours and support nighttime activity in the downtown.
Finally, the proposed use will involve an entertainment venue that will be required to adhere to the noise ordinance, comply with a security plan, and remain in compliance with the law to ensure the use is not detrimental to other uses in the CBD.
3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.
The site on which the nightclub/lounge use is proposed is fully developed with an existing building, and off-street parking. It is well located in the Central Business District where restaurant and nightclub uses are encouraged. The site has a thirty- four (34) space off-street parking lot that surrounds the building to accommodate the proposed use. The existing building is located in an area known for its larger buildings that have been adaptively reused from former financial institutions to medical offices, retail establishments, and entertainment venues.
4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.
The mid- block site on which the nightclub use is proposed fronts South Palm Canyon Drive, a major thoroughfare on the City’s Circulation Map, and thus is appropriately sited to handle the vehicular traffic generated by the proposed use.
It is also in the pedestrian-oriented downtown, and is served by major transit lines along Palm Canyon Drive.
5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone’s property development standards.
The nightclub use is proposed to include an indoor dance floor that will also accommodate periodic special events. The proposed conditions of approval include requirements for addressing noise and light impacts that may be generated by the proposed use such that no nuisances or adverse impacts occur. Mitigation measures are proposed on the interior of the building to provide sound attenuation Item - 2A 13
City Council Resolution No. April 21, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 4 of 5
preventing noise from emitting off the site.
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 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 1530 1of the CEQA Guidelines (Class 1 , Existing Facilities).
SECTION 3. That the City Council approves the appeal to overturn the denial decision of the Planning Commission and approves the project subject to the conditions of approval included in Exhibit A, for a nightclub/lounge in a 9,504-square foot single-use building located at 383 South Palm Canyon Drive, Zone CBD.
ADOPTED this 21st day of April, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE M. LOMELI, CMC
INTERIM CITY CLERK
Item - 2A 14
City Council Resolution No. April 21, 2022
Case 5.1544 CUP – Fuego Nightclub at 383 South Palm Canyon Drive Page 5 of 5
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
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ATTACHMENT #4
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RESOLUTION NO.
EXHIBIT A
Case #5.1544 CUP
Fuego Nightclub and Lounge
383 South Palm Canyon Drive
April 21, 2022
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 5.1544 CUP; except as modified with the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, dated 9-23-21, including site plans, and architectural elevations.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees (“Indemnitees”) from any claim, action, or proceeding against the City of Palm Springs or any Indemnitee(s), arising, in any way, out of the activities authorized by this Conditional Use Permit. The City will promptly notify the applicant of any such claim, action, or proceeding and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be Item - 2A 17
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nighclub April 21, 2022
2 responsible to defend, indemnify, or hold harmless the Indemnitees.
Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sid ewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Conditional Use Permit (CUP) shall be valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be granted by the Planning Commission upon demonstration of good cause.
ADM 8. Revocation or Voiding of Conditional Use Permit Approval of this Conditional Use Permit is subject to all terms and conditions outlined herein and pursuant to Zoning Code Section 94.02.00 (G).
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter
2.05.00. Permits will not be issued until the appeal period has concluded.
ADM 10. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, will require on-site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution
ADM 11. Grounds for Revocation. Non -compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building Item - 2A 18
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nighclub April 21, 2022
3 and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law.
ADM 12. Comply with City Noise Ordinanc e. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 13. Control of Noise. Live entertainment is permitted in the dance floor area only and all exterior doors and windows shall be closed immediately upon request of the enforcement officer.
ADM 14 Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier’s check payable to the Riverside County Clerk within two business days of the Commission’s final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA).
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at
www.dfg.ca.gov for more information.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project’s conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on Item - 2A 19
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nighclub April 21, 2022
4 buildings, down-lights shall be utilized. No lighting of hillsides is permitted. No outdoor lighting shall be affixed to the historic structure.
PLN 2. California Alcohol Beverage Control. The applicant shall be required to obtain a Type 48 liquor license for a nightclub/lounge. If the license process requires the issuance of a Resolution of Public Convenience and Necessity (PCN) the Planning Commission supports the request per this Resolution.
PLN 3. Noise Mitigation. The applicant shall implement noise attenuation measures as stipulated in the Eiler Associates and the Urban Crossroads acoustical reports to include the following:
a. Install a permanent noise monitoring device along the western property line to allow the on- site manger to monitor and review the noise levels in real time and control interior noise levels.
b. Install a noise attenuation wall system along the entire length of the west interior wall to prevent flanking which could occur if only ¼ thick glass were installed.
c. Seal all doors, cracks, penetrations as recommended by the Eilar report.
PLN 4. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00.
PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan.
PLN 6. Hours of Operation; Hours of operation shall be Thursdays to Sundays from 4:00 PM until 2:00 AM.
PLN 7. Sound Levels. In accordance with the Eilar Associates noise study (dated 12/22/21), and shown in Figure 5 of the report, the sound pressure level in the west rear parking lot shall not have a measurable noise level above 50 dBA during operation outside the building.
PLN 8. Sound Limiter. In accordance with industry standards, the operator shall install and maintain a hardware or software volume limiter, as deemed acceptable by the Planning Director, to ensure compliance with the noise ordinance. The operator shall maintain the sound system, including limiter, to ensure compliance with the conditions of this permit.
PLN 9. Exterior Sound Monitoring Station. The installation of a sound monitoring station(s) on the exterior west property wall is required as a mitigation measure with results presented to the Planning Commission at the periodic operational review hearings.
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Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nighclub April 21, 2022
5 PLN 10. Sound Mitigation Measures. The Applicant shall improve the interiors of the tenant space utilizing appropriate techniques and materials to reduce sound transmission outside of the business’ interior.
PLN 11. Control of Low Frequency Sound. Low frequency (bass) sound levels shall be limited and shall not create noise or a nuisance to surrounding properties.
PLN 12. Outdoor Special Events. There are no outside events permitted on the site.
PLN 13. Conformance Review. The proposed use shall be reviewed by the Planning Commission for conformance with these conditions six (6) months after the issuance of the Certificate of Occupancy (“C of O”) for the tenant space unless the Director determines a review sooner is warranted based on documented complaints.
PLN 14. West Side Doors Exit Only The applicant shall post signs inside the tenant space at the west side doors denoting “Emergency Exit Only”, to discourage patrons from routinely using those doors in leaving the premises.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 “Building Security Codes” of the Palm Springs Municipal Code.
POL 2. Applicant shall develop a security plan for the operation of the business that shall be reviewed and approved by the Palm Springs Police Department. The applicant / operator shall implement and remain in compliance with the approved security plan at all times. Evidence demonstrating non- compliance with the approved security plan may result in revocation of the Conditional Use Permit, in accordance with Section 94.02.00(l) of the Zoning Code. Security provisions shall be included for Thursday nights.
BUILDING DEPARTMENT CONDITIONS
BLG 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
(none.)
FIRE DEPARTMENT CONDITIONS
FID 1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.
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Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nighclub April 21, 2022
6 FID 2. Fire Department Conditions were based on the 2016 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “O” Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released.
FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.
FID 4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM – 6:00 PM, Monday – Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.
Complete listings and manufacturer’s technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation.
Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans.
FID 5. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13' -6". Fire Department access roads shall Item - 2A 22
Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nighclub April 21, 2022
7 have an all-weather driving surface and support a minimum weight of 73,000 lbs.
FID 6. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.
FID 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in additi on to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official.
FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex.
FID 9. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C -16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance.
FID 10. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C -10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance.
FID 11. Exit Analysis Required: An exit analysis will be required to be submitted by a licensed architect.
FID 12. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage.
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Resolution No.
Conditions of Approval - Case 5.1544 CUP – Fuego Nighclub April 21, 2022
8 FID 13. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.
END OF CONDITIONS
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ATTACHMENT #5
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SECURITY PLAN
FUEGO NIGHTCLUB, PALM SPRINGS
383 S. Palm Canyon Drive
Palm Springs, CA 92264
Except as otherwise noted below, all conditions are effective immediately upon approval of the associated Conditional Use Permit (CUP) and shall be continuously implemented while the CUP remains in effect.
OVERVIEW
Fuego Nightclub is a three story building, located at 383 South Palm Canyon. The building has one door to the east and one door to the west. The east door will serve as the main ingress and the west door will serve as the egress. To gain entry to the main nightclub, you can either use the elevator located on the ground level or the staircase which are located just inside the main ingress. Both the stairs and elevator provide access to the main, (second floor) bar and dance floor. The third story will contain VIP rooms for guests. the DJ, a restroom, small break room and an office for management. Parking for the nightclub will be on premise to the rear of the building. The building has two rear doors which will act as emergency exits. One door is located on the third floor and the other is located on the second floor.
MINORS:
Applicant sha]] ensure that staff request proper ID from anyone who appears to be under the age of 25 and ensure that signs are posted at a conspicuous location at each point of entry to the business. These signs shall, at a minimum, state that ID is required upon request.
Applicant shall reserve the right to refuse service to anyone at the discretion of the staff.
SPECIAL NOTIFICATION:
The Applicant shall notify the Palm Springs Police Department if any special event will take place at this location outside of nonnal operating conditions. Example: Concert, live band, special appearances by a popular person and or group, Saint Patrick's Day Party, New Year's Eve Party or any event which suspected max capacity crowds will attend or suspected large wait lines on the sidewalk in front of the establishment.
STAFF TRAINING:
All members of the staff shall be trained to the management's policies, procedures and standards. All staff members shall be made aware of these policies, procedures and standards by signing their name into the policies and procedures manual provided by 1 I P ~l gt:
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-
management for proof of understanding. These policies shall incorporate the suggested following training; Sexual harassment. Emergency Evacuation Procedures, California Department of Alcoholic Beverage Control LEAD Training, Surveillance Video Training, Active Shooter Training and when to contact Law Enforcement and the Palm Springs Fire Department.
All certificates of required training and any additional training for each employee shall be maintained at the business for review, during employees' employment and for three (3) years following each employee's separation from employment. These documents shall be immediately available upon request from The City of Palm Springs or the Palm Springs Police Department or their designated representatives.
Applicant shall establish and post a security training protocol to include the security related conditions of this permit and protocols for contacting the Palm Springs Police Department in the event of an emergency or observance of i Ilic it activity.
All management, security personnel and employees serving or distributing alcohol shall attend the Licensee Education on Alcohol and Drugs (LEADS) alcohol training class, sponsored by the Department of Alcoholic Beverage Control (ABC). At least once per calendar year, a designee of the management will enroll in and attend the LEADS alcohol training class, to maintain proficiency in all ABC-related issues. This three-and-a-half. hour training on ABC licensee education on alcohol and drugs is offered free to all attendees.
Security officers employed by Applicant as employees (proprietary security officers) shall meet the standards prescribed by section 7574.12 of the Business and Professions Code. All proprietary security officers are required to meet the standards prescribed by section 7574.10 of the Business and Professions Code prior to employment.
Each employee shall, prior to commencement of employment, complete Crowd Management Training, which is offered by a variety of on-line companies for a nominal price.
SAFETY MEASURES:
During regular business hours on Thursday, Friday, Saturday and Sunday, the Applicant will be obligated to ensure that a minimum of two (2) security guards will be posted at all locations where access to the establishment can be achieved (first floor ingress/egress).
PSPC Enterprises will be obligated to a total of no less than five (5) security officers assigned to the establishment. This number may be modified at the discretion of the Chief of Police or his appointee.
Applicant shall establish and maintain security screening measures designed to limit the ability of all potential patrons to enter the establishment with a weapon. These measures can include, but are not limited to, the use of a handheld security wand and visual inspections of purses or other personal items carried into the establishment. Applicant 21 Pa g.:
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shall reserve the right to refuse service to anyone not willing to submit to these screening measures.
The two (2) security officers assigned to the entrance of the business are not to be included in the minimum of 5 personnel, due to their assigned responsibility at the entrance of the business.
During any events the establishment hosts and anticipates a high volume of people, the Applicant will be obligated to ensure that a minimum of six {6) security officers are assigned to the establishment plus the two security officers at main ingress/egress. This number may be modified at the discretion of the Chief of Police or his appointee.
Security personnel shall wear an easily identifiable uniform or clothing which clearly identifies them as employees of the establishment.
Applicant shall assure that all on-duty security personnel are provided with flashlights and that at least one member of the security staff is equipped with an operating cellular telephone in order to communicate with the Palm Springs Police Department.
The staff sha11 check the entire property to ensure there are no "Dead Spots" in which a cellular phone will not work. The staff must be able to make emergency phone calls from any location inside the establishment and outside the establishment. lf"Dead Spots" are located, it is up to the Applicant to find a solution for the employees to make emergency notifications to the Palm Springs Police Department for law enforcement assistance and the Palm Springs Fire Department for medical emergencies.
Applicant shall install and maintain a video surveillance system as approved by the Chief of Police. Use of the surveillance system shall commence a minimum of one (1) hour before the start of regular business hours or any special events and shall remain in use for until the last patron and employee has left the establishment. The surveillance system shall be operational throughout all regular business hours and during any special events hosted at the establishment. This system shall, at a minimum, monitor any points of ingress or egress to the establishment and all locations within the establishment open to the public. The surveillance video shall record the north, east, west and south perimeter areas of the building. Signage notifying the public of the presence of video surveillance at these locations shall be installed at all points of ingress.
Images/video captured by this surveillance system shall be maintained for a period of no less than thirty (30} days and shall be accessible to the Chief of Police or his designee.
Copies of footage shall be made available to the Chief of Police or his designee no later than two (2} business days after a request for the footage is made. There sha11 be at least one ( 1) employee working at all times that can operate the video surveillance system and be able to provide footage to law enforcement upon request. 31Pug.:
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Applicant shall be responsible for removing trash, glasses and bottles and monitoring the rear exit area.
The video surveillance system shall be checked daily to make sure it is functioning properly.
Once Applicant is aware the system is not working~ Applicant shall notify the Palm Springs Police Department in writing within twenty-four (24) hours. The Applicant shall have the video surveillance system fully operational within seven, (7) days. Upon repair, Applicant shall again notify the Palm Springs Police Department and a representative from the Palm Springs Police Department will inspect to make sure the system is working properly. At no time shall any of the recorded video be intentionally erased, deleted, modified, or sabotaged.
Applicant shall ensure that frequent (every 30 minutes) patrols of the areas surrounding the business, including all parking lots utilized by patrons and adjacent sidewalks, and are conducted during business hours. These patrols, which should discourage patrons from loitering on the property, shall be conducted on foot and include removal of any litter.
Records of these patrols shall be maintained on a daily log which shall be retained for a minimum of sixty (60) days. This log shall be made available for review upon request by the Chief of Police or his designee. All off-site patrols shall be considered extensions of security duties already in place at the business. Security personnel shall at no time be acting as agents of the Palm Springs Police Department during these patrols.
Each night. upon closing of the business. Applicant shall ensure that security staff patrols the front of the business and the parking lot areas utilized by patrons of the business to facilitate the departure of these patrons and to discourage loitering.
Applicant shall install and maintain lighting on the perimeter of said building. Perimeter shall include all four outer comers of the building, parking area where staff, visitors and customers park. Lighting shall be installed at the main ingress as well as side or rear egress locations. (Lighting must conform and be approved by the City of Palm Springs according to rules and regulations). Applicant shall fix any inoperable lighting on the building or in the parking lot within two weeks of discovery of inoperable light(s). The Chief of Police may request for Applicant to add additional lighting at any time.
A(JIVE SHOOTER, STABBER. OTHER WEAPONS
In case of such event, Law Enforcement and medical personnel will immediately be contacted by security with as much information as known.
Security will contact the Palm Springs Police Department immediately to coordinate a response. If the shooting ( or use of any other weapon) has ceased, then an attempt to locate the subject will continue until the location is deemed safe.
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Due to the nature of such event, the only way to move attendees safely to a designated area is not possible until such event occurs. At that point all attendees will move to a safe area away from the threat.
Once the subject is located, law enforcement will take over the scene and all other personnel will leave the area to a safe place.
If gun fire occurs amongst patrons, staffed security will handle the containment of the scene and all persons involved. The containment of such a scene will be handled with the upmost concern for all persons inside the establishment and to properly maintain any and all evidence present for law enforcement to gather to conduct a thorough investigation.
At this point, all video taken at the property will be immediately provided to the Palm Springs Police Department as evidence for a situation or to attempt to i'ticate where, who or what the suspect is using and for identification purposes.
If any weapons are found on person(s) and or in public view {unattended), the Palm Springs Police Department will be immediately contacted to respond and gain possession of such item(s) for proper collection.
It is recommended that the entire staff be trained by the Palm Springs Police Department on Active Shooter Training. This training could occur annually and can be scheduled through our training department.
SEXUAL HARASSMENT/ASSAULT
Zero tolerance policy. Offenders will be removed immediately and the Palm Springs Police Department shall be contacted immediately.
BOMB THREAT
Bomb threats are most commonly received via phone, but are also made in person, via email, written note, or other means. Every bomb threat is unique and shall be handled in the context of the facility or environment in which it occurs. Facility supervisors and law enforcement will be in the best position to determine the credibility of the threat. Follow these procedures:
• Remain calm.
• Notify authorities immediately. Employee shall notify his/her supervisor, such as a manager, operator, or administrator, or follow the facility's standard operating procedure.
• Call 9-1-1 or the local law enforcement if no facility supervisor is available.
ADDITIONAL INFORMATION:
This Security Plan, and each requirement contained in this Security Plan, shall constitute a condition of approval for CUP (Case No. 5.1544}. In the event of a violation of any condition of approval for CUP (Case No. 5.1544), including this Security Plan or any SIP,1ge
Item - 2A 31
requirement contained herein, the Police Chief may, in writing, order the establishment closed until such violation has been corrected to the satisfaction of the Police Chief. In the event of such closure, the Applicant shall, within ten (10} days of written notice of such closure, have the right to appeal such decision to the City Council. In the event of such appeal, the matter shall be conducted and heard by the City Council in accordance with the revocation procedures set forth in 94.02.00(1) of the Palm Springs Municipal Code. In addition, any violation of any condition of approval for CUP (Case No.
5.1279), including this Security Plan or any requirement contained herein, shall be deemed a violation of the Palm Springs Municipal Code, for which the City shall be entitled to seek any legal or equitable remedy, including civil, criminal or administrative remedies.
In the event the City seeks to impose administrative fines, such fines shall eb in the amount of $2,500 per violation, which shall otherwise be processed in accordance with the procedures contained in Chapter 1.06 of the Palm Springs Municipal Code.
Prior to the seeking of any such remedies by the City, the City may (but shall not be required to) request a meeting with the Applicant to seek to address the issues raised by the violations.
At any time, the Chief of Police or designee may amend or update this Security Plan based on the need or requirements which he/she deems reasonable.
At such time as the business is sold or otherwise changes management and the person named below are no longer responsible for the business' operation, such new management or owner shall notify the City within twenty-four (24) hours. The new management or owner shall meet with the designated representative from the Palm Springs Police Department to implement a new security plan within thirty (30) days following the change of management. Hqwever, it shall be the responsibility of the new Owner/Manager to implement this security plan until such time as the new security plan is approved and implemented.
All below listed personnel have reviewed and approved this Security Plan document drafted specifically for the business located at 383 South Palm Canyon Drive, commonly referred to as "Fuego Nightclub".
Date:
By:
Owner/Manager: Justine Boyer
Date:. ________ _
By: --------Owner/Manager: Hugo Vasquez
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Date:
By: By:
PSPD PSP
CITY COUNCIL STAFF REPORT
05/12/2022 2. B.
City Clerk -
SUBJECT
AN APPLICATION BY BARBARA AND KEITH KIZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, (APN #504-281-012), CASE HSPB #142
RECOMMENDATION:
Open the public hearing and receive public testimony.1.
Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504-281-012).”
2. Attachments
Item 2B
CITY COUNCIL STAFF REPORT
DATE: May 12, 2022 PUBLIC HEARING
SUBJECT: AN APPLICATION BY BARBARA AND KEITH KIZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, (APN #504-281-012), CASE HSPB #142
FROM: Justin Clifton, City Manager
BY: Planning Division
SUMMARY:
The owners of 574 West Mariscal Drive are seeking historic designation of the single- family residence known as “The Gillman Residence,” which was designed by architectural designer Herbert W. Burns in 1948 . The home is an example of the Post World War II period in Palm Springs and reflects the Late Moderne style of architecture. If designated as a historic resource, the property would be subject to the regulations outlined in Section
8.05 of the Palm Springs Municipal Code.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution No. _____, “A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “ THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, AS CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504-281-012).”
BACKGROUND AND SETTING:
A historic resources report dated January 20, 2022, prepared for the owners by Steven Keylon of the Palm Springs Preservation Foundation, (“the report”) is the basis of this staff report.
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City Council Staff Report
May 12, 2022 – Page 2
Historic Designation – The Gillman Residence
Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.
March 2022 Site inspection by members of the Historic Site Preservation Board (HSPB or Board).
04/05/22
The HSPB considered the subject nomination at a public hearing and voted unanimously to recommend that the City Council designate the residence a Class 1 (Landmark) historic resource.
Ownership Status
July 2020 Purchased by the current owners.
The dwelling at 574 West Mariscal Drive was designed and constructed in 1948 by architectural designer Herbert W. Burns. The home was originally constructed as a five- room, wood-frame structure that is clad in stucco and had additions in 1952 and 1955 during the period of significance (Post WWII) , and one addition in 1986 after the period of significance. The image below from the report depicts the additions completed over time.
ANALYSIS AND FINDINGS:
The Board’s analysis of the application relative to the criteria for the designation of historic resources is detailed in the attached HSPB resolution and staff report dated April 5, 2022.
The Board made findings in support of Class 1 (Landmark) designation based on the following criteria:
Item - 2B 2
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City Council Staff Report
May 12, 2022 – Page 3
Historic Designation – The Gillman Residence
PSMC 8.05.070, (5,C,1,Part a). The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
(Criterion 3) The resource reflects or exemplifies a partic ular period of national, state or local history;
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The Board also made findings pursuant to PSMC 8.05.070, (5,C,1,Part b) ; “ Historic Integrity” that The Gillman Residence possesses sufficient historic integrity to qualify for designation as a Class 1 (Landmark) historic site.
CONCLUSION:
The HSPB found that The Gillman Residence meets the definition of a historic resource based on Criteria 3 and 5 of the Palm Springs Historic Preservation Ordinance and possesses sufficient historic integrity to qualify as a Class 1 ( Landmark) site . Their recommendation to the City Council reflects these findings , which are outlined in the attached draft City Council resolution.
ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
NOTIFICATION
Pursuant to Section 94.09.00 (Public Hearing) of the Palm Springs Zoning Code, written notice has been mailed to all property owners and residents within five hundred (500) feet of the subject property and notice was published in a newspaper of general circulation.
FISCAL IMPACT:
None.
Item - 2B 3
City Council Staff Report
May 12, 2022 – Page 4
Historic Designation – The Gillman Residence
REVIEWED BY:
Department Assistant Director: David A. Newell
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution
C. Application, related background materials, photos
D. HSPB staff report, minute excerpt and resolution
Item - 2B 4
ATTACHMENT A
Item - 2B 5
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
HSPB #142 Gillman Residence
574 Mariscal Drive
Item - 2B 6
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ATTACHMENT B
Item - 2B 7
RESOLUTION NO.:_____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING “THE GILLMAN
RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE, AS
CLASS 1 (LANDMARK) HISTORIC RESOURCE HSPB #142,
SUBJECT TO CONDITIONS (APN 504-281-012).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, Barbara and Keith Kizziah, owners, submitted an application to the City seeking historic site designation of The Gillman Residence located at 574 West Mariscal Drive, Case HSPB #142; and
C. WHEREAS, in March 2022, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and
D. WHEREAS, on April 5, 2021, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #142 was held in accordance with applicable law ; and
E. WHEREAS, at said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted unanimously to recommend that the Council designate the Gillman Residence a Class 1 (Landmark) historic resource; and
F. WHEREAS, on May 12, 2022, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #142 was held in accordance with applicable law; and
G. WHEREAS, at said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limit ed to the staff report and all written and oral testimony.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
SECTION 1: FINDINGS – PART “A”, CRITERIA FOR HISTORIC RESOURCES.
Evaluation of the Application.
Pursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:
Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:
Item - 2B 8
Resolution No.____
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
The Gillman residence exhibits exceptional historic significance because of its association with architect Herbert Burns and is a noteworthy example of a custom -home design from the mid- twentieth century period using Late Moderne design.
(Criterion 1) T he resource is associated with events that have made a meaningful contribution to the nation, state or community;
The report does not list any events associated with the home that contributed to the nation, state or community. Thus, it does not qualify under Criterion #1.
(Criterion 2) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;
The report notes on that the home was original designed and built for Dr. George Gillman and Sadie Gillman, who well-respected leaders of the Jewish community in Palm Springs. The report also identifies a subsequent owner, Gary Allen Cockrell, who was associated with associated with theater and film productions in the 1950s and 1960s. However, ther e are no persons associated with the Gillman residence who made a meaningful contribution to local, state or national history. Therefore, the site does not qualify under Criterion #2.
(Criterion 3) The resource reflects or exemplifies a particular period of national, state or local history;
On page 27, the report explains that the Gillman Residence reflects the “Post-World War II Palm Springs” period as a prime example of significant Post-war architecture for which Palm Springs is internationally known. The custom -designed residence by Herbert Burns reflects Late Moderne style that is an early example of Modern residential architecture, which would come to define the Palm Springs School of Architecture and may be viewed as an important component of historic trends locally. Consequently, the site qualifies as a historic resource under Criterion #3.
(Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construction;
As a typical wood-framed structure with simple materials, the Gillman residence does not qualify as a historic resource under Criterion #4.
(Criterion 5) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
As noted on page 28, the report states that the Gillman residence possesses high artistic values as a structure expressing the theme of Modern architecture and more specifically the Late Moderne style. In the case of this home, the characteristics of this design include, “a flat roof, emphasis on horizontal lines and planes; stucco walls; louvered redwood ceiling; Arizona Item - 2B 9
Resolution No.____
sandstone fireplace pylons and opposing piers; uplit eyebrow soffits over interior doors and windows; box grid with obscure glass panes; and a splayed, asymmetrical layout,” according to the report. The home qualifies as a historic resource under Criterion #5.
(Criterion 6) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The report does not assert that The Gillman Residence qualifies under Criterion #6.
(Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
No information has been provided in the historic resources report on any pre-historic significance of the site.
SECTION 2: PART “B” ANALYSIS OF HISTORIC INTEGRITY.
Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.
Beginning on page 29 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:
1. Location:
The Gillman Residence remains in the same location that it was constructed, thus it retains integrity of location.
2. Design:
The report identifies that the Gillman Residence has retained, largely intact, the essential characteristics of form, plan, space, structures, configuration, and style (with the exception of the 1986 addition). Burns’ signature material, the Arizona sandstone, remains on the pylons and piers; the distinctive box grid with obscure glass panes has been restored; and although most landscape has been replaced, the interior pool courtyard has been rehabilitated to honor the intent of the original design. Thus, The Gillman Residence exhibits integrity of design.
3. Setting:
The report analyzes the quality of Setting on page 31. As noted, the home’s setting as a modern Item - 2B 10
Resolution No.____
single-family home with long, low horizontality and painted in colors found at the site and surrounding, helped the structure fit naturally into the setting. The home was sited towards the rear corner of the lot by Herbert Burns to take advantage of the mountain views. Thus, the setting of the residence continues to reflect the original design relationship of the site and structure.
4. Materials:
The report indicates some important character -defining features were removed, such as the Arizona sandstone, but during a property rehabilitation were replicated to restore the structure to reflect Burns’ design. The Gillman Residence retains its integrity of materials to reflect the Late Moderne design.
5. Workmanship:
As noted on page 30 of the report, “The Gillman Residence continues to reflect Herbert W. Burns’ original as-designed relationship between the structure and site. As is typical of other Burns - designed structures, the home was built using high- quality materials, and was fully insulated.
The custom-designed home uses native materials to root it to the desert —bold monoliths of Arizona sandstone, beautifully executed by expert masons; contemporary materials like obscure glass, stucco, steel express Burns’ forward-thinking contemporary style.” Thus, retains integrity of workmanship.
6. Feeling:
The Gillman Residence reflects informal and contemporary design of mid-century Late Moderne style of architecture in the post-war era in Palm Springs. According to the report, the home “is sited on large lot in the Chino Mesa Estates neighborhood, which takes advantage of panoramic mountain views to the south, east, and north…and conveys the feeling of the mid- century modern period for which Palm Springs is internationally known.” Consequently, the residence retains its original integrity of feeling.
7. Association:
The residence is a prime example of Herbert Burns Late Moderne style of architecture, utilizing a secondary roofline, Arizona sandstone piers and pylons and bold box grid wall with obscure glass panes.
In conclusion, The Gillman Residence retains a high degree of historic integrity
SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character -defining features from non- original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.
Item - 2B 11
Resolution No.____
The physical character-defining historic features of this site include the following:
1. Flat-roofed one-story structure
2. 1952 and 1955 additions
3. Splayed, asymmetrical “L”-shaped layout wrapping north and west part of the site
4. Arizona sandstone pylons, piers and planting boxes
5. Large box grid with horizontally fluted obscure glass
6. Deep overhangs to protect from sun
7. Secondary roof eave supported by sandstone pier
8. Redwood louvered ceiling in outdoor dining porch
9. Mature native California Washingtonia filifera palm trees
The non-contributing features include the following:
1. Aluminum-framed window and sliding glass doors
2. Drought-tolerant landscaping at the front of the house
3. 1980s addition
4. Swimming pool (same location, but coping has changed)
5. Conical light sconces near garage
6. Solar panels on roof
7. Ductwork on roof
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
SECTION 5: CITY COUNCIL DETERMINES
Based upon the foregoing, the City Council hereby designates “The Gillman residence” located at 574 West Mariscal Drive, a C lass 1 (Landmark) Historic Resource (Case HSPB #1 42).
According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:
1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code Section
8.05.020.
2. An archival file on the property shall be maintained by the City.
3. It may be qualified as ‘historic’ at the federal, state, and/or county level.
4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 “Demolition or Alteration of Class 1 and Class 2 Historic Resources – Certificate of Appropriateness”.
5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.
Item - 2B 12
Resolution No.____
6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.
7. The site shall not be further subdivided.
8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council’s resolution.
ADOPTED THIS TWELFTH DAY OF MAY, 2022.
JUSTIN CLIFTON
CITY MANAGER
ATTEST:
MONIQUE LOMELI
CITY CLERK
Item - 2B 13
Resolution No.____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA , City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, 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
CITY CLERK
Item - 2B 14
ATTACHMENT C
Item - 2B 15
Prepared by
Steven Keylon
For the
Palm Springs Preservation
Foundation
December 1, 2019
The George and
Sadie Gillman
Residence, 1948
574 West Mariscal Road
Palm Springs, CA 92262
Nomination Application For
City of Palm Springs
Class 1 Historic Resource
Prepared by
Steven Keylon
For the
Palm Springs Preservation
Foundation
January 20, 2022
Item - 2B 16
1 590ivrings, CA 92262
A C K N O W L E D G E M E N T S
The author would like to thank
the following individuals and organizations for
their professional expertise and/or editing assistance:
Lance Gerber; Tracy Conrad; Jackie Thomas and DeeAnn McCoy; Barbara and Keith Kizziah; Barbara and Ron Marshall; Renee Brown, Palm Springs Historical Society; Jade Thomas Nelson; Royal Phillips; Sharon Varnes; Cindy Simpson; Gary Smith.
Special thanks to Ron Duby, copy editor.
Cover illustration: The rehabilitated Gillman Residence. Photograph by Lance Gerber.
Item - 2B 17
2 C L A S S 1 H I S T O R I C R E S O U R C E N O M I N A T I O N
TABLE of CONTENTS
INTRODUCTION: PAGE 3
EXECUTIVE SUMMARY: PAGE 3
CLASS 1 HISTORIC RESOURCE DESIGNATION APPLICATION FORM: PAGE 5 STATEMENT OF SIGNIFICANCE: PAGE 9
BACKGROUND/HISTORIC CONTEXT: PAGE 9
INTEGRITY ANALYSIS: PAGE 30
APPENDICES
I Owner’s Letter of Support: Page 33
II Assessor’s Map: Page 34
III Grant Deed (which includes Legal Description): Page 33 IV Chain of Title: Page 35
V Building Permits: Page 36
VI Contemporary Images: Page 58
VII Late Moderne Context Section: Page 62
Item - 2B 18
3 I N T R O D U C T I O N
The Palm Springs Preservation Foundation (PSPF) is a non -profit organization whose mission is “to educate and promote public awareness of the importance of preserving the historical resources and architecture of the city of Palm Springs and the Coachella V alley area.” In July 2020, the PSPF board of directors assigned the task of writing the Gillman Residence Class 1 Historic Resource nomination to Steven Keylon.
E X E C U T I V E S U M M A R Y
SIGNIFICANCE:
The residence of Dr. George Gillman and his wife Sadie is in the Chino Mesa Estates neighborhood at 574 West Mariscal Road. The house was designed by Palm Springs architectural designer Herbert W. Burns and is a prime example of one of his custom Late Moderne designs. The Gillman Residence is an important example of a custom modernist structure and exhibits numerous character -defining features that place it within the historical context of Palm Springs Modern period.
DESIGNATION CRITERIA:
Criteria for the Designation of a Class 1 Historic Resource: Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.070(C,1): A site, structure, building, or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Spri ngs City Council, provided both of the following findings are met. Refer to the U .S. Department of the Interior National Register Bulletin “How to Apply the National Register Criteria for Evaluation” of potentially historic resources for further information.
FINDING 1: The site, structure, building or object exhibits exceptional historic significance and meets the criteria listed below.
8.05.070 (C,1,a) paragraph iii - The resource reflects or exemplifies a particular period of national, state or local history: The Gillman Residence, completed in 19 49, exhibits many stylistic markers which place it directly in the historic context of Palm Springs’ “Post -World War II Palm Springs” period. The custom - designed private residence represents a prime exam ple of significant Post -war architecture for which Palm Springs is internationally known. As such, the residence may be viewed as an important component of the historic trends that have come to define Palm Springs’ image as a center of important Modern arc hitecture, Item - 2B 19
4 i.e., an historic trend that exemplifies a particular period of the national, state or local history. The residence qualifies for listing as a Class 1 Historic Resource on the local registry under Criterion 3.
8.05.070 (C,1,a) paragraph iv - The resource embodies the distinctive characteristics of a type, period or method of construction: The Gillman Residence is eligible under the theme of Modern architecture because it possesses numerous distinct features that make up the Late Moderne style. There are few remaining examples of Late Moderne architecture in the Coachella Valley . This home exhibits many character -defining Late Moderne features and is a prime example of the style. As a custom Late Moderne residence designed by Herbert W. Burns, using simple but high -quality materials, it has significance for its distinctive characteristics and qualifies as a Class 1 Historic Resource under Criterion iv.
8.05.070 (C,1,a) paragraph v - High Artistic Value - The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age, or that possesses high artistic value: High artistic values may be expressed in many ways, including areas as diverse as community design or planning, engineering, and sculpture. The structure designed by architectural designer Herbert W.
Burns is eligible under the theme of Modern architecture because it possesses numerous distinctive characteristics that make up the Late Moderne style. These attributes include a flat roof; an emphasis on intersecting horizontal lines and planes; stucco walls; unique wall comprised of a box grid filled with obscure glass; Arizona sandstone fireplace pylons and opposing piers; uplit eyebrow soffits over interior doors and windows; and a splayed, asymmetrical layout. As a custom structure artfully designed by Burns, this building rises to a master architect's level with high artistic values. Therefore, for its distinctive characteristics representing the Late Modern e style, as a Master architect's work, and its high artistic values, the residence qualifies as a Class 1 Historic Resource under Criterion v.
SUMMARY: This evaluation finds The Gillman Residence eligible for listing as a Palm Springs Historic Resource under
8.05.070 (C,1,a) paragraphs iii, iv, and v of the local ordinance’s seven criteria.
Item - 2B 20
5 Item - 2B 21
CITY OF PALM SPRINGS
Department of Planning Services
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262
Phone 760 323 8245
Fax 760 322 8360
Historic Preservation Officer 760 322 8364 x8786
HISTORIC RESOURCE DESIGNATION (HRD)
WHEN TO USE THIS APPLICATION:
Use this application if you are seeking Class 1 or Class 2 historic designation for a property or parcel or for historic district applications.
Use the MINOR ARCHITECTURAL APPLICATION FORM (MAA) if you are seeking approval for alterations to Class 1, Class 2, Class 3 or Class 4 historic sites. (Contact the Planning Department if you are unsure of the classification of your property.) WHO MAY APPLY:
Any individual or organization may apply to the City for consideration of a request for historic resource designation . Applications must be signed and notarized by the owner(s) of record of the site, structure , building or object for which the designation is sought.
PROCEDURE:
1. For proposed historic sites or resources: Refer to Palm Springs Municipal Code ("PSMC") Section 8.05.070 for Procedures and Criteria for the Designation of Class 1 and Class 2 Historic Resources. Visit: www.palmspringsca /gov/government/departments /planning/municipal code/ title 8/section 8.05 "Historic Preservation ").
2. For proposed historic districts: Refer to Municipal Code Section 8.05.090 for Procedures and Criteria for Designation of Historic Districts. Visit: www.palmspringsca.gov/government/ departments /planning/municipal code/Title 8/section 8.05 "Historic Preservation .
3. Complete all parts of the application and include related reports, mailing labels and back up information in support of the application. Denote "NA" for any line item that is not applicable.
4. Once the application is complete, contact the Planning Department and schedule a pre application conference with the City's Historic Preservation Officer ("HPO").
5. Submit the completed application and related materials to the Department of Planning Services.
A Planning Department case number will be assigned to the application .
6. Applications for historic site / resource or historic district designation are evaluated by staff in the City Planning Department who will prepare the application for consideration by the City's Historic Site Preservation Board ("HSPB") at a noticed public hearing. Applicants should plan on attending the hearing. City staff will schedule site visits for members of the HSPB to become familiar with the site prior to the public hearing . (Exterior review only, interiors are not subject to HSPB review.)
7. At the public hearing, the HSPB will evaluate the application and make a recommendat ion for City Council action. The City Council will consider the application and the HSPB's recommendation at a second noticed public hearing. The applicant should again attend that hearing.
8. The final action of the City Council to designate will be recorded on the property title with the County Recorder's office .
FOR HISTORIC SITE/ RESOURCE APPLICATIONS, SEE CHECKLIST FOR CLASS 1 AND 2.
FOR HISTORIC DISTRICT APPLICATIONS, SEE CHECKLIST FOR HISTORIC DISTRICTS .
HISTORIC RESOURCE DESIGNATION APPLICATION (4- 10-19) KL 1 of 1 6 Item - 2B 22
For Staff Use Only
CITY OF PALM SPRINGS
D e p a rtm e nt of Pl a nning S ervices
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Tel 760-323-8245 - FAX 760-322-8360
Case Number : ____ ____ _
In-Take Planner : _______ _
Date:
HISTORIC RESOURCE DESIGNATION
PLANNING / ZONING GENERAL INFORMATION FORM
TO THE APPLICAN T: Comp lete all parts of this application. Denote "NA" for lines that are not applicable.
Project lotormatjon:
Applicant's Name: Barbara and Ke ith K izziah
Applica nt's Address: _?74 W est Mariscal R_o_a_d_,_P_a_lm_ S_p_r_in_g_s_, C_A_9_2_2_6_4 _______ _ _____ _ Site Add ress: 574 W est M a risca l Drive
Phone #: (31 2) 8 82- 11 28
Zone : ____ _ GP: _ __ _
Description of Project:
APN: 5O428 1O1 2
Email:
barbkizziah@ icloud .com ;
kizzia h65@g m a il.co m
Section/Townsh ip/Range : __ !°'!___t_X __
The Gillman Residence was designed by architectural designer Herbert W. Burns in 1948 for Dr. George and Sadie Gillman. It is today a 5- bedroom, 5-bathroom, 4,700 square foot house, on a nearly 23,000 square foot lot in Chino Canyon, and was designed in 1948.
Note: For Historic District applicat ions: on a separate page provide a list of all sites/parcels within the p roposed historic district boundaries with the same information listed above.
Is the project located on the Agua Caliente Band of Cahuilla Indians Reserva tion? Yes/No: _ ________ _ (Refer to the Land Status Map unde r Tribal Resou rces on the Planning Department home page) Cons truction Date: 1948 D Estimated Ii) Actual (denote source , i.e. building permits) ----- ~ Architect: Herbert W . Burn s
Original owner : Dr. Geo rge a nd S adie G illman
Com mon/Historic Name of Property: The Gillm an R esi de nce ----------------------------- 0 th er historic assoc iations: _N_IA ______________________________ _ Attach to this application any information, photos , draw ings, newspaper articles , reports , stud ies, or other mater ials to fully describe the character istics or conditions that suppor t this applicatio n for historic des ignation.
Architect ural Style: Late Moderne --------------------------------- - Refer to the Architectural Styl es chapter of Citywide Historic Context Statement , under Historic Resource s on the Planning Department Home Page: www.palmspr ingsca.gov . 7 Item - 2B 23
HISTORIC RESOURCE DESIGNATION APPLICATION (CONT.)
Crjterja for the Pesjanatjon of a Class 1 Hjstorjc Resource:
Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.0?0(C, 1 ): A site, structure, building, or object may be designated as a Class 1 historic resource or a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided both of the following findings are met. Refer to the US Department of the Interior National Register Bulletin "How to Apply the National Register Criteria for Evaluation" of potentially historic resources for further information.
Provide a written description of how the site qualifies as a historic resource per the following Findings. Please provide answers on a separate sheet or report.
FINDING 1: The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
a. T he resource is associated with events that have made a meaningful contribution to the nation, state, or community. 1
b. The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history.
c. The resource reflects or exemplifies a particular period of national, state or local history. d. The resource embodies the distinctive characteristics of a type, period, or method of construction. e. T he resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possess high artistic value. f. The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists.
FINDING 2: The site, structure, building or object r etains one or more of the following aspects of integrity, as established in the Secretary of the Interior's Standards. Provide a written description for each element as listed: Design; Materials; Workmanship; Location; Setting; Feeling; and Association. 2 Crjterja for the Pesjanatjon of a Class 2 Hjstorjc Resource:
Pursuant to the Palm Springs Municipal Code (PSMC) Section 8.05.0?0(C, 1 ): A site, structure, building, or object may be designated as a Class 2 historic resource of a Contributing Resource in a proposed historic district by the Palm Springs City Council, provided the site, structure, building, or object exhibits significance and meets one or more of the criteria listed in Finding 1 above. A Class 2 historic resource is not required to meet the findings for integrity as described in Finding 2.
cr;terja and findjnas for Pesjanatjon of Historic Districts:
In addition to the criteria listed in Finding 1, to be considered for designation as a Historic District, a defined area must:
a. Contain contributing resources on a majority of the sites within the proposed district which individually meet the criteria in Finding 1. The defined area may include other structures, buildings, or archaeologica l sites which contribute generally to the overall distinctive character of the area and are related historically or visually by plan or physical development. Provide a separate list by address and Assesso r Parcel Number (APN) for each site/parcel that meets the criteria outlined in Finding 1. b. Identify non-contributing properties or vacant parcels to the extent necessary to establish appropriate, logical or convenient boundaries. Provide a separate list by address and APN number for each site/parcel within the proposed historic district that is considered non-con tributing to the overall historic significance of the historic district.
1 NOTE: Unlike the National Trust criteria , the City's criterion does not conside r "patterns of events". For consideration of "patterns of events", use Criterion "C", reflecting a particular period.
2 NOTE: Refer to the U.S. Department of the Interior Bulletin for "How to Evaluate the Integrity of a Property ". 8 Item - 2B 24
CITY OF PALM SPRINGS
PLANNING DEPARTMENT APPLICATION
HISTORIC RESOURCE DESIGNATION
CLASS 1 AND CLASS 2
APPLICANT 'S REQUIRED MATERIAL CHECKLIST
The following items must be submitted before a Historic Resource Designation application will be accepted . Please check off each item to assure completeness. Provide twelve (12) hard copies and one (1) PDF copy of the following materials unless otherwise noted:
Application Information:
• General Information form (1 copy)
• Notarized letter from property owner consenting to Historic Designation (1 copy) • Ownersh ip and Address History ("Chain of Title") (1 copy) Historic Resource Report :
The following items shall be included in a historic resources report describing the site, structure, buildings , or objects eligible and appropriate for designation per PSMC 8.05.070 .
• P hotographs of the exterior of the proposed site, structure , buildings or objects. • Aerial photo of the site/resource (from Google Maps or equal) . • I nformation on the architect, designer, and/or developer. • D ate and method of construction. Provide copies of building permits. • A detailed assessment of the character defining features describing materials , architectural details/style, landscape elements, or other relevant descriptors . • E valuation of the site relative to the Criteria and Findings for Designation of Class 1 and Class 2 Historic Resources.
Additional Information :
• Site Plan: 8-1 2" x 11" or 11" x 17"
• Public Hearing labels per PSZC Section 94.09 .00.
• Any other documentation or research as may be necessary to determine the qualifications of the site, structure, building , or objects.
Applicant City Use
Onl:t Onl:t
[8] 0
[8] 0
[8] 0
[8] 0
[8] 0
[8] 0
[8] 0
[8] 0
0 0
[8] 0
[8] 0
u u
Applicants are encouraged to review the bulletin from the U.S. Department of the Interior titled "How to Apply the National Register Criteria for Evaluation". (National Register Bulletin 15 (http://www.ns.gov/ history/nr/publications /bulletins/nrb15/)).
Revised 6/5/19 GM
9 6. Statement of Significance
Summary
The Dr. George and Sadie Gillman Residence, located at 574 West Mariscal Road, was designed by architectural designer Herbert W. Burns in 19 48. The custom residence is a prime example of the Late Moderne style, which are rare in the Coachella Valley.
Location
The Dr. George and Sadie Gillman Residence is located at 574 West Mariscal Road.
BACKGROUND/HISTORIC CONTEXT
The Architectural Designer – Herbert W. Burns
The Gillman Residence was designed by architectural designer Herbert W. Burns (1897 -1988). Burns was born Herbert William Bromund in Bridgeton, New Jersey to Gustave and Wilhelmina Bromund. He graduated with a degree in electrical engineering and joined his father in the firm Bromund & Son, designing custom lighting fixtures. During World War I, he served in the 472 nd Regiment of Engineers, an elite group that made military maps used for combat. There, he learned surveying and drafting, which, combined with his electr ical engineering background, would serve him well as an architectural designer later in life.
In 1927, Herbert W. Bromund changed his name to Herbert W. Burns and moved his entire family to Los Angeles. Besides his parents, his family now included a wife Mildred, son Herbert, Jr. and daughter Verna. In Los Angeles, Burns became a successful stockbr oker, even after the Stock Market Crash of 1929. He was so successful that in the early 1930s, he bought an airplane and got his pilot’s license. Shortly after that, he met a young aviatrix, Gayle Dai Stewart, and a romance blossomed. Mildred filed for div orce and Burns married Gayle Stewart in 1937. Burns once again switched gears and became a building contractor in the Los Angeles area, working until the advent of World War II. After a period teaching young men to fly, after World War II the Burnses decid ed to move to Palm Springs , where Burns opened an office, offering his services as Palm Springs’ only architectural designer (at that time) devoted exclusively to modern design.1
His first project in the desert was the Town & Desert Apartment Hotel, whi ch opened in late 1947. Burns designed a large living unit for he and Gayle, with wings attached containing self -contained hotel rooms with kitchenettes and bathrooms. Having kitchenettes allowed guests to stay for extended periods, generally without relying on room service or restaurants for their meals. From 1947 until the 1970s, starting with his Town & Desert Apartment Hotel, Burns was in high demand for his architectural services and would design several apartment hotels, commercial structures, and cus tom residences, typically in the Late Moderne style.
Many of these were built in the historic Tennis Club neighborhood, with a group clustered along or near West Arenas Road.
Item - 2B 25
10 Both Herbert and Gayle Burns were regularly active in civic affairs in Palm Spri ngs, and Burns ran for City Council in 1950, though he lost to incumbent Thomas Kieley. Herbert W. Burns died in Palm Springs in 1988 at age 90.
Herbert Burns’ Town & Desert Apartment Hotel, renamed The Hideaway, was named a Class 1 Historic Resource in 2 014. Burns’ Village Manor Apartment Hotel, now called The Orbit In, was named a Class 1 Historic Resource in 2015. His Crockett Residence was approved as a Class 1 Historic Resource in July 2021.
The Late Moderne Style
Beginning with his Town & Desert Apartment Hotel, Herbert Burns utilized the Late Moderne style for nearly all his built structures. The style was popular from the late 1930s through the 1950s. In contrast to the International Style (exemplified by Richard Neutra’s Kaufmann Desert House) and the post-and-beam style, Late Moderne is mellower, with a finer sense of ornamentation. Speaking about the Late Moderne style, architectural historian Alan Hess has said, “Like Streamline Moderne, they emphasized solid volumes, but usually with more sophistication than the idiomatic curved corners of that popular commercial style.
Influenced by Frank Lloyd Wright and the vernacular buildings of rural California, they were drawn to natural wood and unpainted brick.”2
Late Moderne was influenced by Frank Lloyd Wright’s Fallingwater, with its bold vertical stone pylons and piers and long cantilevered balconies, and his 1930s Usonian Homes, with their dynamic horizontal planes intersecting with contrasting verticals. Wright’s rich organic palette of materials that were often indigenous to the site and colors inspired by their surroundings, rooted his designs to their site.
To this, a mix of decorative elements was used to enliven the architecture, some of which were given humorous names by architect Morris Lapidus. These included:
• Vertical steel poles (“beanpoles”).
• Biomorphic ceiling coves or trays for indirect light (“woggles”). • Geometric cutouts (“cheese holes”).
• Vertical louvers, either in wood or metal.
• Weldtex, plywood sheets striated with an irregular incised texture. • Long redwood shiplap balconies or planter boxes, tapering down at the end. • Heavily corrugated architectural glass or asbestos panels • Bold geometric screens.
Herbert Burns utilized many of these in his designs, and specifically at the Gillman Residence:
• Long, splayed, horizontal volume organized around Arizona sandstone pylons, piers and planter box. • Interior cantilevered soffit tray for indirect light. • Redwood louver detailing.
• Wall of geometric eggcrate grid screen, with fluted obscure glass panels.
Item - 2B 26
11 NOTE: For more on the Late Moderne style, see the chapter on the subject from the author’s book The Design of Herbert W. Burns, published by the Palm Springs Preservation Foundation in 2018. Section VII, page 61 of this document.
Architect Victor Gruen’s humorous “recipe” for a Late Moderne storefront. From “Architectural Record,” May 1948.
Item - 2B 27
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12 “Landscaping of the Gillman house features cactus in beds of gravel, oleanders, smoke trees, a close-clipped lawn.” Original photo caption from the “Los Angeles Times Home Magazine,” 1951. Sid Avery photo.
The Gillman Residence, 1948
574 West Mariscal Road, Palm Springs, California.
Designed in 1948 and completed in 1949, the Gillman Residence is sited on the northwest parcel at the terminus of Mariscal Road in the Little Tuscany neighborhood . Mariscal Road rises into Chino Canyon from North Via Norte, and the large boulders moved to grade for the house remain around the parcel’s perimeter.
The property is just over half an acre and Burns sited the splayed “L” shaped house to hug the northwest corner of the parcel, which thereby provided views towards the nearby mountains. Before trees had matured, the site also commanded spectacular views over the Coachella Valley.
Item - 2B 28
13 “City sophistication combines with simplicity of the desert in this long, low house of stucco, glass, redwood, and flagstone, built around a pool.” Photo by Sid Avery, 1950.
Item - 2B 29
14 Left: An Arizona sandstone pier supports one end of a floating secondary roofline, which levitates over a sandstone planting bed.
The roofline terminated on the other side with a series of vertical steel poles. Right: “Front door opens into a hall leading past redwood storage space to bedroom.” Note the curved planter, which offered enclosure to the living room, with curved vertical redwood slats above. Photos by Sid Avery for the “Los Angeles Times Home Magazine,” 1950.
The Architecture
In 1948, Dr. George Gillman and his wife Sadie bought an empty parcel at 574 West Mariscal Road.
Appreciative of good modern architecture, they hired architectural designer Herbert W. Burns to design their new desert home. I n July of 1948, Dr. Gillman applied for a permit to build a $19,000 home. 3 When completed in 1949, the house was a relatively large one -bedroom, two-bathroom home with a den adjacent and open to the living room. Burns’ design for the home utilized the Late Moderne toolbox of materials and decorative features for which he had become recently well-known in the desert, with his design for the Town & Desert Apartment Hotel . The detailing of the Gillman Residence is some of the finest and most unique of Burns’ career.
In a 1951 article about the home in the Los Angeles Times Home Magazine , author Jean Burden wrote, “those who come to the desert from cosmopolitan centers often bring with them a taste for sophisticated surroundings. The house of Dr. and Mrs. George Gillman in Palm Springs is an example of this interweaving of opposites. Elements of stucco, glass and redwood have been fashioned into a smoothly flowing house of long, low lines, broken by balanced vertical masses of flagstone. Set far back f rom the road against a mountain silhouette, it encircles a swimming pool with all rooms opening onto the concrete terrace.”4 Item - 2B 30
15 As is typical of other Burns structures, the design of the Gillman Residence is anchored by a series of Arizona sandstone pylons and piers. Opposing sandstone pylons are on the east and south facades, with a sandstone pier and adjacent planting box to the right of the south -facing pylon. This pier supports a long, cantilevered secondary roofline, further emphasizing the horizontality of the low-slung house. This roofline continued over the bedroom windows and was supported by a series of vertical steel poles. On the east -facing façade, the fascia appears to slice the Arizona sandstone pylon, showcasing Burns’ celebrated juxtaposition of vertical and horizontal planes and volumes.
The composition's most dynamic and distinctive touch was a floor-to-ceiling wooden box grid near the front door. Into each opening in the grid, a piece of horizontally fluted obscure glass was placed. Inside, adjacent to this, was a planting bed set into the concrete slab, bathed in soft light. The front door feature d a large offset doorknob with a decorative escutcheon.
Another attractive Late Moderne motif was in the exterior dining nook near the kitchen – that featured a ceiling adorned with decorative redwood louvers.
In comparison, the secondary elevations to the west and north are relatively simple, set at rakish angles and sheltered by a deep overhang, with stucco walls pierced by windows and sliding glass doors.
The landscape for the home was designed by O.E.L. “Bud” Graves (1897 -1971), a good friend of Burns and a well-known painter and sculptor in Palm Springs, and frequent illustrator for the covers of Palm Springs Villager magazine. Graves often created dynamic presentation drawings of Burns’ designs. As described by author Burden, “the landscaping deserves special mention. Inside a low wall of concrete blocks are gravel beds of oleanders, palms and smoke trees. A border of neat lawn around the pool and beds of flowers beneath the glass areas soften the angles of the house.”5
Item - 2B 31
16 “An aqua easy chair fills corner by the fireplace, sectional sofa is straw yellow. Door at the rear leads into a small oak-paneled den with cork floor.” The room features primarily Herman Miller furniture, designed by George Nelson, Charles and Ray Eames, and Isamu Noguchi. Webbed chairs are designed by Jens Risom for Knoll. Interior designer was Charles Drawbolt of Frank Bros. in Long Beach.
“Carpet is gray wool turf, webbed chairs are brown; the door at the right, rear, leads to dinette and kitchen.” Sid Avery photos, 1950.
Item - 2B 32
17 “The snack bar separates dinette from yellow kitchen. Note glass brick above sink.” Sid Avery photo, 1950.
“Turquoise-covered bed sits against a walnut headboard; walls are turquoise, the carpet gray, the chaise wine” Sid Avery photo, 1950.
Item - 2B 33
18 Burns, a well-respected color consultant as well as architectural designer, created a palette for the exterior of the home in tones of tan and brown, punctuated by a lively turquoise front door. “In the same tonal harmony as the desert itself, the colors of the interior never detract from the soft shadings of the landscape.” 6 These colors included neutral shades of clays, browns, and grays accented with sand -yellow, gray -green, and turquoise. The entire house was carpeted in a textured gray wool. The Gillmans worked with interior designer Charles Drawbolt, from the famed moderni st showroom Frank Bros. in Long Beach. The furniture selected was drawn primarily from the Herman Miller Furniture Company’s postwar catalog of designs by George Nelson, Charles and Ray Eames, and Isamu Noguchi, classics today.
The Gillman Residence was featured in the January 14, 1951 issue of the “Los Angeles Times Home Magazine.”
Character-Defining Features of the Gillman Residence
Contributing Elements
The Gillman Residence is an exceptional example of a custom -designed Late Moderne house. It exhibits numerous extant character-defining features including:
• Flat-roofed one-story structure.
• 1952 and 1955 additions, which were built during the years the Gillmans lived at the house, and which integrate seamlessly.
• Splayed, asymmetrical “L”-shaped layout that hugs the northwest part of the site, maximizing outdoor living space.
Item - 2B 34
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19 • Arizona sandstone pylons, piers, and planting boxes. Arizona sandstone fireplace and interior indoor/outdoor wall.
• Giant box grid with horizontally fluted obscure glass. • Deep overhangs to protect from sun.
• Burns’ signature floating “secondary roofline” supported by sandstone pier. • Redwood louvered ceiling in outdoor dining porch.
• Cantilevered floating uplit soffits in living room.
• Mature native California Washingtonia filifera palm trees.
Non-Contributing Elements
• Aluminum-framed windows and sliding glass doors.
• Drought-tolerant landscaping at the front of the house. • 1980s addition.
• Swimming pool (same location, but coping has changed). • Conical light sconces near garage.
• Solar panels on roof.
• Ductwork on roof.
1953 aerial photograph, showing the 1952 bedroom addition to the left of the garage.
Item - 2B 35
20 Changes Over Time
During the years the Gillmans lived in the home (1949 -1968), a few changes took place to expand the home.
In 1952, the garage was turned into a bedroom, and a new two -car garage was built adjacent to it. Also, the Gillmans had a sleeping porch added to the north side of their bedroom. In 1955, a large “Play Room” with full bathroom was added to the house's northwest corner , adjacent to the existing living room. 7 Though nothing conclusive was found during the research the house to positively attribute the later additions to him, Herbert W. Burns more than likely designed these update s – they are compatible with the designs of the original residence and exhibit Burns’ signature elements.
In the 1980s, an unpermitted, detached Jazzercise studio was added to the east side of the parcel. This building, serving a more functional purpose, wasn’t as well -designed or built as the original home. This structure was later permitted. Another 1980s unpermitted modification – a relatively minor expansion of the kitchen - was also later permitted. In addition, an elaborate rock hill, moat with bridge, and arch was built in front of the house along Mariscal Road, obscuring it from the street. This unattractive and incompatible feature was recently removed.
Today, the 4,660 square foot house has five bedrooms and four and a half bathrooms.
This color-coded site plan shows the changes that have taken place at the Gillman Residence. The original 1948 residence is blue, while changes during the period of significance (1948 -1968) are represented in green and orange. A Jazzercise studio was added in the 1980s, as well as a relatively minor addition to the kitchen.
Item - 2B 36
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21 First Owners – Dr. George and Sadie Gillman
The couple who commissioned the home were Dr. George Gillman and his wife Sadie. The Gillmans were well-respected leaders of the Jewish community in Palm Springs, and active at the Jewish Community Center, and later, Temple Isaiah. Their donation of $50,000 ensured that Temple Isaiah was built.8
Born in New York on June 16, 1885, to Russian -born parents, little is known about Gillman’s early life or education. However, it becomes clear that he was trained as a bacteriolog ist, with graduate degrees in pharmacy and chemistry. In the June 10, 1910, issue of the medical journal Medical Record, Gillman published “The Principles and Technique of the Wasserman Reaction,” a paper describing the Wasserman antibody test for syphilis, developed in 1906 by bacteriologist August von Paul Wasserman. He would publish many other peer-reviewed articles during these years.
Gillman’s expertise in the Wasserman Reaction undoubtedly played a role in naming the business he formed, Pacific Wasse rman Laboratories. Gillman was director of the San Francisco office, with partners Edward Johnson overseeing the Oakland branch, and Samuel Levin in charge of the Los Angeles office.
Letter published in the State Journal Advertiser in 1913 advertising Pacific Wasserman Laboratories, a company co- owned by Dr. George Gillman.
Item - 2B 37
STATE JOURNAL ADVERTISER
An Open Letter to the Profession
.... ,. .. k ... N¢11CO a,,,. .. 111c-,.
oco111oi .~1 i~:_!"'wt 01, oc;10,
NlliM•~:,::r P-•
1'0111.lolCIU,V o , TMC 00VCJIIN "' ltNT L. ... 90111ATO"lltl C.L.INICAI. L."'90tl..,. TOJIIV C )I.Pl.lllfl
Pacific Wassermann Laboratories
Decem ber l et . 1912.
Dear Doc tor:
As a fai r a nd liberal minded physician, we
beg ot you to ooneider the to1101'1ng .facto:
Th• PAoltio Wauerciann L3bora t or18a hav e eetabliebed loborator1eu Ln San Frano i eoo . Oakland and Loe Ao3elea .
Theae laboratoriee a r e strtotlY ethica l , comple t e in every r espect and in charge or t horoughly oompetent meo.
Consider that we do not hing but laboratory work and
do that thoroughly; that we are well est ablished and have won our wel l earned succ e ss through t he confide nce placed in ue by hund r eds ot physicians and that we have won this oonrideno e thro ugh our compet6noy, a ccura cy and reli o.bil.h,y.
The eot ablhhi:nent. ot our three laborot.oriee under one head o tter:, u.e unequa l ed facU LUe o and advantages which enable ue t o carry out our • ork on a large eoale . Thh assures you of the most r eliable and promp t • or'k tor tut a reaeonable tee.
Our policy boa been to make our tee s r eas onable and
within reach of all and to render abso lutely reliable
report s with the utmost service .
Aa t o our rel1abll1 tY, lBt it sut tio e to 837 that we have had yeora or experie nce a nd trai n ing in our epeoialt.y and the succeoo of our und ert aking speaks for 1 t eelf.
AakiD3 your support of our worthy caus e. we beg to
remain
Youra sincerely ,
PACIFIC WASSERttANll LABORATORIES
22 Sadie Gillman, ca. 1910. From Ancestry.com
In Portland, Oregon on July 5, 1912, Gillman, then twenty -seven, married twenty-year-old Sarah “Sadie” Morris, the daughter of Abraham and Yetta Morris, both Austrian -born, of Portland.9 The couple would make their home in San Francisco.
By 1916, Gillman is listed as an Associate Professor of Serology and Vaccine Therapy at the College of Physicians and Surgeons in San Francisco. He would often be called to testify in murder trials as an expert chemist.
In 1928, Gillman formed a partnership with Edwin E. Hutshing and Samuel Levin to form Pacific Health Audit Service in San Francisco.10 By the middle 1930s, the Gillmans had moved to Los Angeles, where Gillman opened Pacific Medical Laboratories. Enthusiasts of modern architecture, by 1937 the Gillmans lived in Milton J. Black-designed Streamline Moderne apartments at 3530 W. 7 th Street, near Wilshire and Western. They would maintain this residence for many years, spending summers there after building their Palm Springs home Item - 2B 38
23 in 1948. After World War II, Gillm an decided to retire, selling Pacific Medical Laboratories to Sadie’s nephew Robert Pfeifer.11
The Herbert W. Burns -designed Gillman residence was completed in 1949, and they were soon active with the local Jewish community. Dr. Gillman was elected to the Board of Directors of the Jewish Center in 1951, turning the first spade at the Jewish Center’s addition on May 25, 1951. A dinner was held in the Gillmans honor following the groundbreaking for the new expansion, which was later named “Gillman Hall.” The y later became primary donors to Temple Isaiah, which architect E. Stewart Williams designed.12
In March 1958, the Desert Sun reported that Sadie Gillman had been admitted to the Desert Hospital, “seriously ill.” She died March 20, 1958.
On September 1 0, 1958, Dr. Gillman married Yolanda Korda (1913 -1996) in Los Angeles. The Gillmans sold the house at 574 West Mariscal in 1968.
Dr. George Gillman died May 6, 1975 in Los Angeles.
Dr. George Gillman, 1961.
Photo from the “Desert Sun.”
Item - 2B 39
24 In this photo published in the “Desert Sun” on February 12, 1957, Sadie Gillman (far left) and Dr. George Gillman (far right) entertain in their Herbert Burns-designed home.
From the Venice, California “Evening Vanguard,” March 24, 1967. Dr. George Gillman is pictured second from left, with second wife Yolanda Gillman at right.
Item - 2B 40
--.. -. -..................................... .
Helping lo cui the ribbon for the openini of the
new braneh of Kurses Training ln~titule are. from
left, Joe Walling, president of the Santa Monrra
Cham~r o'. Commerce ; George Gillman. s1111en·1 ,or
of the institute; Herb Spurgin from the chamber,
and Yolanda Gillman, supervisor.
25 Significant Subsequent Owner
Gary Cockrell (1932-2018)
Gary Allen Cockrell was born December 4, 1932, in St Louis, Missouri. Cockrell was a gymnast and athlete at school, who developed his interest in dance as a teenager after seeing the 1948 film “The Red Shoes.” Moving to New York to learn dance, he was in the 1957 Broadway production of “West Side Story,” and then moved with the show to Great Britain the following year. He left “West Side Story” for an acting role in “Orpheus Descending” and throughout the 1960s was a familiar face on British TV as one of its 'go -to' Americans in the likes of “The Saint ” and “The Persuaders ” as well a s appearing in American films , including “Lolita,” “The Americanization of Emily,” and “The Bedford Incident.”
In 1964 he opened a dance studio in London which he ran for thirteen years until 1977 when it became a health spa. Gary retired from acting and choreography in 1980 to move with his wife Pat to Palm Springs, where they lived at 574 West Mariscal and built a separate dance studio , where he taught Jazzercise and Freestyle Jazz. The couple divorced in 1984. In 1988, Cockrell moved from Palm Springs to the Caribbean Island of St. Lucia, where he opened a hotel and married Marie Thecia in 1989 . The Cockrells returned to St.
James, Missouri in the mid -1990s to help care for Gary's aging mother. They remained there for well over a decade and ran a small dance studio together during that time. Gary also offered acting and tumbling classes at the studio.13 In 2003 they returned to St. Lucia.
Cockrell died in Davenport, Florida, on October 26, 2018.
Item - 2B 41
26 Bibliography
Attached is a list of books, articles, and other sources cited or used in preparing this application and other documentation that may be relevant. On page 61, the endnotes will indicate specific sources cited.
Books
National Register Bulletin 15, How to Apply the National Register Criteria for Evaluation . U.S. Department of the Interior, National Park Service. Washington, D.C.
The Design of Herbert W. Burns, by Steven Keylon, Palm Springs Preservation Foundation, 2018.
Other Sources Consulted
• Historic Resources Group. City of Palm Springs Citywide Historic Context Statement & Survey Findings .
Pasadena, 2015 (Final Draft, December 2018).
• Architectural Resources Group. City of Palm Springs Historic Resources Survey. San Francisco, 2004. • Historic Site Preservation Board. Inventory of Historic Structures. Palm Springs, 2001. • www.newspapers.com (Desert Sun and Los Angeles Times). • City of Palm Springs (Planning and Building Departments). • Ancestry.com.
• Palm Springs Historical Society.
• Riverside County Assessor’s Office.
BACKGROUND / HISTORIC CONTEXT
The relatively short history of Palm Springs can be organized into several distinct periods, as defined by the Historic Resources Group’s Citywide Historic Context Statement & Survey Findings. These include the following:
• Native American Settlement to 1969
• Early Development (1884-1918)
• Palm Springs between the Wars (1919-1941)
• Palm Springs During World War II (1939-1945)
• Post-World War II Palm Springs (1945-1969)
It is within the context of the period “Post-World War II Palm Springs” that the Gillman Residence will be evaluated. The following context statement is edited from Historic Resource Group’s Citywide Historic Context Statement & Survey Findings: Post-World War II Palm Springs (1945-1969):
This context explores the post-World War II boom and related development that left Palm Springs with what many consider the most extensive and finest concentration of mid-20th century Modern architecture in the United States. Hollywood film stars and Eastern industrialists were joined in the postwar decades by ever- increasing numbers of tourists. The growing prosperity of the postwar years and the rise of the car culture created a leisured, mobile middle class that sought, in Palm Springs, the “good life” that had previously been Item - 2B 42
27 available only to the wealthy. This surge of visitors and seasonal residents—by 1951 the city’s winter population swelled to almost 30,000 from a permanent population of 7,660—coincided with the peak of Modernism’s popularity.
The population growth accelerated in the 1950s, bringing a demand for civic necessities such as schools, libraries, museums, a city hall and police headquarters, offices, stores, and housing. Palm Springs' growth as a tourist destination brought a demand for inns, resorts, and tourist attractions.
Tourism also introduced a demand for affordable second homes for a growing middle class; the construction and financing methods for building such mass-produced housing tracts were already developing in suburban areas of larger cities, including nearby Los Angeles, and found a ready market in Palm Springs. Though Palm Springs was a smaller municipality, this economic climate provided many opportunities for locally-based architects, as well as several Los Angeles architects, to explore and develop a wide range of architectural types and ideas, sometimes influenced by sophisticated global design trends. These conditions and the architects' talents lead to the development of an exceptional group of Modern buildings which later came to be identified as “Palm Springs Modernism” or “The Palm Springs School.”
The desert climate and casual lifestyle all but demanded unconventional design, and clients were more accepting of, even sought out, a more adventurous style in the resort atmosphere of Palm Springs than they would have in their primary residences. In the two decades after the war, Palm Springs was transformed with new commercial and institutional buildings, custom homes, and a large number of housing tracts.
EVALUATION:
CRITERION 1 – Significant Events - The resource is associated with events that have made a meaningful contribution to the nation, state or community: The Gillman Residence is not affiliated with significant events and does not qualify under Criterion 1.
CRITERION 2 – Significant Persons - The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history : The Gillman Residence is not affiliated with significant persons and does not qualify under Criterion 2.
ARCHITECTURE (Criteria 3 – 6)
CRITERION 3 - The resource reflects or exemplifies a particular period of national, state or local history: The Gillman Residence, completed in 19 49, exhibits many stylistic markers whic h place it directly in the historic context of Palm Springs’ “Post -World War II Palm Springs” period. The custom -designed private residence represents a prime example of significant Post -war architecture for which Palm Springs is internationally known. As designed by Herbert Burns, the structure was a prime example of the Late Moderne style for which he had become sought -after (detailed in 5b). The Gillman Residence is an early example of the Modern style of residential architecture which would come to define the Palm Springs School of Architecture.
Item - 2B 43
28 As such, the residence may be viewed as an important component of the historic trends that have come to define Palm Springs’ image as a center of important Modern architecture, i.e., an historic trend that exemplifies a particular period of the national, state or local history. The residence qualifies for listing as a Class 1 Historic Resource on the local registry under Criterion 3.
CRITERION 4 - The resource embodies the distinctive characteristics of a type, period or method of construction: The Gillman Residence was built using the typical wood-framed type of construction popular at the time, with simple materials such as stucco, wood, steel, and glass. As such, the Gillman Residence is not noteworthy for its type or method of construction.
Criterion 5: (That (a): represents the work of a master builder, designer, artist, or architect whose individual genius influenced his age; or (b): that possesses high artistic value).
5a: Work of a Master: Though the work of Herbert W. Burns possesses a high artistic value, his influence did not extend far beyond the Coachella Valley, therefore the structure does not qualify under Criterion 5(a).
5b: Properties possessing high artistic values: High artistic values may be expressed in many ways, including areas as diverse as community design or planning, engineering, and sculpture. The structure designed by architectural designer Herbert W. Burns is eligible under the theme of Modern architecture because it possesses numerous distinctive characteristics that make up the Late Moderne style. These attributes include a flat roof; an emphasis on horizontal li nes and planes; stucco walls; louvered redwood ceiling ; Arizona sandstone fireplace pylons and opposing piers; uplit eyebrow soffits over interior doors and windows; box grid with obscure glass panes; and a splayed, asymmetrical layout. As a custom structure artfully designed by Burns, and as an exemplary illustration of the Late Moderne style, this building possesses high artistic values.
Therefore, for its distinctive characteristics representing the Late Modern e style, and for its high artistic values, the residence qualifies as a Class 1 Historic Resource under Criterion 5(b).
Criterion 6: (That represents a significant and distinguishable entity whose components may lack individual distinction). This Criterion was created to address the resources contained within a potential historic district and as such it does not apply to this nomination. Hence, the residence does not qualify under Criterion 6.
ARCHEOLOGY
Criterion 7: (That has yielded or may be likely to yield information important to the national, state or local history or prehistory.) The Gillman Residence is not likely to yield information important to the national, state or local history or prehistory. Hence, the residence does not qualify under Criterion 7.
SUMMARY: This evaluation finds The Gillman Residence eligible for listing as a Palm Springs Historic Resource under
8.05.070 (C,1,a) paragraphs 3, and 5b of the local ordinance’s seven criteria.
Item - 2B 44
29 7. Integrity Analysis (using U.S. Secretary of Interior Standards)
INTEGRITY
Integrity is the ability of a proper ty to convey its significance. To be listed in the local registry, a property must not only be shown to be significant under the criteria, but it also must have integrity. The evaluation of integrity is sometimes a subjective judgment, but it must always be grounded in an understanding of a property's physical features and how they relate to its significance. Historic properties either retain in tegrity (that is, convey their sig nificance) or they do not. The definition of integrity includes seven aspects or qualities. To retain historic int egrity a property will always possess several, and usually most, of the aspects.
The retention of specific aspects of in tegrity is paramount for a property to convey its significance.
Determining which of these aspects are most impor tant to a particular property requires knowing why, where, and when the property is significant. The follow ing sections define the seven aspects and explain how they combine to produce integrity.
DESIGN
Design is the combination of elements that create the form, plan, spac e, structure, and style of a property. It results from conscious decisions made during the original conception and planning of a property and applies to activities as diverse as community planning, engineering, architecture, and landscape architecture. Des ign includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials.
A property’s design reflects historic functions and technologies as well as aesthetics. It includes such considerations as the structural syst em; massing; arrangement of spaces; pattern of fenestration; textures and colors of surface materials; type, amount, and style of ornamental detailing. The Gillman Residence’s essential characteristics of form, plan, space, structures, configuration, and style have survived largely intact. Similarly, the structural system; massing; arrangement of spaces; and the type, amount, and style of detailing have survived with a reasonably large portion intact (minus the addition from the 1980s) . Herbert W. Burns’ signature Arizona sandstone, used as pylons and piers, are extant or restored. The critical and distinctive decorative wall featuring a box grid with obscure glass panes has been restored. These character -defining features remain intact o r have been thoughtfully restored. Two sets of investors very nearly destroyed the Gillman Residence , and much of the interior of the house was gutted. However, the rehabilitation thoughtfully restored the missing key character -defining features that help immediately distinguish the structure as the work of Herbert W. Burns . The later detached addition was remodeled to more appropriately harmonize with the style of the original structure. Though most of the original landscape had been lost over time, the new landscape was rehabilitated to honor the intent of the original design, with hardscape and pool directly adjacent to the house, and desert planting and decomposed granite on the periphery.
Item - 2B 45
30 MATERIALS
Materials are the physical elements that were combined or deposited during a period and in a particular pattern or configuration to form a historic property. The choice and combination of materials reveals the preferences of those who created the property and indicate the availability of types of materials and technologies. The Gillman Residence’s materials successfully represent the best of Late Moderne design, with high quality but simple stucco, sandstone, wood, and glass. Though some important materials had been removed, during the rehabilitation most of those character-defining features were carefully replicated (such as features of Arizona sandstone, restoring those materials that are closely associated with a structure as-designed by Burns.
WORKMANSHIP
Workmanship is the physical evidence of the crafts of a culture or people during any given period in history or prehistory. It is the evidence of artisans’ labor and skill in constructing or altering a building, structure, object, or site. Workmanship can apply to the property as a whole or to its individual component s. It can be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It can be based on common traditions or innovative period techniques.
Workmanship is important because it can furnish evidence of the technology of a craft, illustrate the aesthetic principles of a historic or prehistoric period, and reveal individual, local, regional, or national applications of both technological practices and aesthetic principles. Examples of workmanship in historic buildings include tooling, carving, painting, graining, turning, and joinery . The Gillman Residence continues to reflect Herbert W. Burns’ original as-designed relationship between the structure and site. As is typical of other Bur ns-designed structures , the home was built using high -quality materials, and was fully insulated. The custom-designed home uses native materials to root it to the desert —bold monoliths of Arizona sandstone, beautifully executed by expert masons; contempora ry materials like obscure glass, stucco, steel express Burns’ forward-thinking contemporary style.
LOCATION
Location is the place where a historic property was constructed or the place where a historic event occurred.
The relationship between the property and its location is often important to understand why the property was created or why something happened. The actual location of a historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in rare cases, the relationship between a property and its historic associations is destroye d if the property is moved. The Gillman Residence remains in its original location and therefore qualifies under this aspect.
SETTING
Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role. It inv olves how, not just where, the property is situated and its relationship to surrounding features and open space. Setting often reflects the basic physical conditions under which a property was built and the functions it was intended to serve. In addition, the way in which a property is Item - 2B 46
31 positioned in its environment can reflect the designer’s concept of nature and aesthetic preferences. The Gillman Residence was designed to conform to the existing character of the Chino Mesa Estates neighborhood, with Burns utilizing natural Arizona sandstone detailing to blend his contemporary architecture with the feeling of the desert. The long, low horizontality and colors inspired by the colors found at the site helped the structure fit naturally into its surroundings, contrasting with the mountains and large boulders. The house was expertly sited by the designer to take advantage of the spectacular views, pushing the house back to the corner of the lot, maximizin g the outdoor living space. The setting of The Gillman Residence continues to reflect Herbert W. Burns’ original design ed relationship of site and structure.
FEELING
Feeling is a property’s expression of the aesthetic or historic sense of a particular period. It results from the presence of physical features that, taken together, convey the property’s historic character. For example, a rural historic district retaining original design, materials, workmanship, and setting will relate the feeling of agricultural life in the 19th century . The Gillman Residence is sited on a large lot in the Chino Mesa Estates neighborhood, which takes advantage of panoramic mountain views to the south, east, and north. The custom-designed home in the Late Moderne style conveys the feeling of the mid -century modern period for which Palm Springs is internationally known. The Gillman Residence has been restored to convey Herbert W. Burns’ stylishly informal and contemporary design, which still blends well into this unique neighborhood. Accordingly, the residence retains its original integrity of feeling.
ASSOCIATION
Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observ er. Like feeling, association requires the presence of physical features that convey a property’s historic character. For example, a Revolutionary War battlefield whose natural and man-made elements have remained intact since the 18th century will retain i ts quality of association with the battle. Because feeling and association depend on individual perceptions, their retention alone is never sufficient to support eligibility of a property for the National Register. The Gillman Residence is a fine example of a custom -designed home by Herbert W. Burns in his signature Late Moderne style .
Architectural signatures such as the secondary roofline, Arizona sandstone piers and pylons, and bold box grid wall with obscure glass panes , allows even the most ca sual observer to recognize the home as the work of Burns instantly.
INTEGRITY SUMMARY : This integrity analysis confirms that the site and structures of the Gillman Residence still possesses s even aspects of integrity. Though the Gillman Residence suffered near demolition, the key character-defining features that help define the home as the work of Herbert W.
Burns have either been restored or replicated. The home represents a successful rehabilitation which respects and honors the essential design features of the past, while bringing the systems and infrastructure up to current standards. The home could have easily been remodeled into oblivion, but Item - 2B 47
32 the rehabilitation by Jackie Thomas and DeeAnn McCoy of Thomboy Properties sough t to thoughtfully honor the original design by architectural designer Burns wherever possible, ensuring that one of his most important designs would live on in its current life. In summary, through adaptive reuse, the residence still possesses a degree of integrity sufficient to qualify for designation as a Class 1 Historic Resource.
A P P E N D I C E S
I Owner’s Letter of Support
Item - 2B 48
March 2, 2021
City of Palm Springs
Historic Site Preservation Board
3200 Tahquitz Canyon Way
Palm Springs, CA. 92262
Dear Honorable Board:
'
We are thrilled to have bought the house at 574 W. Mariscal Road, designed by Herbert Burns in 1948 and recently restored to its original glory in 2020 by Thomboy Properties. We are delighted to support the Class 1 Historic Site designation of our property by the City of Palm Springs. We have asked the Palm Springs Preservation Foundation, and Vice President Steven Keylon in particular, to assist us in the preparation of the required nomination paperwork and are most grateful for their efforts on our behalf.
Please reach out directly to us for any reason. We can be reached at 312-882-1128.
Sincerely,
33 II Assessor’s Map and Aerial
Item - 2B 49
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34 Property Address 574 W MARISCAL RD
PALM SPRINGS, CA 92262
Assessment No. (PIN) 504-281-012
Acreage 0.52
Legal Description
LOT 12 MB 020/058 CHINO MESA ESTATES Lot 12
Subdivision Name CHINO MESA ESTATES
IV Chain of Title
Primary sources show the chain of ownership for the Gillman Residence as follows (note that the 1948 sale of the parcel was not included with the chain of title):
09-04-56 George Gillman, a married man, to George Gillman and Sadie Gillman, husband and wife as joint tenants.
03-18-68 George Gillman to Lecam Land Developments, Ltd. 03-03-69 Lecam Land Developments, Ltd., a corporation, to Lloyd T. Campbell and Elsie C.
Campbell, husband and wife as joint tenants.
03-07-73 Lloyd T. Campbell and Elsie C. Campbell, husband and wife, to Eugene Clifford Finch and Joyce D. Finch, husband and wife as joint tenants,
12-19-80 Eugene C. Finch and Joyce D. Finch, as joint tenants, to Pico Rental Company. (Gary Cockrell)
07-31-87 California Federal Savings and Loan Association, to MCCI-I, A California Limited Partnership (There appears to be a gap in the chain between Gary Cockrell and California Federal).
08-26-88 MCCI-I, a California Limited Partnership, to Morgan D. Peterson and Phyllis J. Peterson, husband and wife as joint tenants.
02-27-94 Morgan D. Peterson, to Morgan D. Peterson (Affidavit – Death of Spouse; Phyllis Peterson died January 27, 1994).
10-01-99 Morgan D. Peterson, a Widower, to Morgan D. Peterson, or his successor, as Trustee Of The Morgan D. Peterson Living Trust.
05-23-03 Morgan D. Peterson, Trustee of the Morgan D. Peterson Living Trust, to Morgan D.
Peterson, widower.
12-23-16 Morgan D. Peterson, a widower, to Nelco Properties, LP, a California Corporation 10-05-17 Nelco Properties, LP to 574 Mariscal, LLC.
02-01-18 574 Mariscal, LLC, a Wyoming LLC, to 574 Mariscal Fund, LLC, a Wyoming LLC. 03-12-19 Geraci Law Firm, a Trustee (Foreclosing Beneficiary) to WRCOG Asset Trust 2017-2 06-21-19 WRCOG Asset Trust 2017-2 to Thomboy Properties, Inc.
Item - 2B 50
35 07-23-20 Thomboy Properties to current owners.
V Building Permits
Date Owner Permit Type Description of Work
06-17-48 Geo Gillman Electrical Temporary service
07-02-48 Mr. and Mrs. Geo
Gillman
Building Dwelling – 5 room – frame & stucco – garage – comp roof. Total value of work $19,000
07-09-48 Mr. & Mrs. Geo
Gillman
Plumbing 1 bathtub; 1 gas outlet; 3 lavatories; 1 laundry tray; 2 showers; 1 sink; 3 toilets; 2 water heaters
10-01-48 Mr. & Mrs. Geo
Gillman
Building Paddock Engineering – 17 x 34 swimming pool
10-01-48 Dr. Geo Gillman Plumbing Paddock Engineering – 1 cesspool; 1 water piping 06-28-49 Dr. Gillman Electrical
Installation
124 outlets; 42 fixtures; 1 heater; 1 range
03-11-51 Dr. G. Gillman Electric
Installation
3 outlets; 3 light fixtures
02-26-52 Mr. & Mrs. Geo
Gillman
Building Addition to dwelling: Convert garage to bedroom and add 2 car garage and add sleeping porch
03-11-52 Gilman Electrical
Installation
12 outlets; 3 fixtures
04-09-52 Mr. & Mrs. Geo
Gillman
Plumbing 1 gas outlet; 1 gas piping
10-07-55 Geo Gilman Building Add bedroom and bath; frame and stucco; compo roof.
Arthur Coffey contractor
10-17-55 Gillman (Coffey) Plumbing 1 lavatory; 1 shower; 1 sink; 1 toilet; 1 water piping 12-16-55 Dr. Gilman Plumbing 1 cesspool; 1 sewer piping 03-08-57 Dr George
Gilman
Building Covered patio: addition of a covered patio, frame const., fibre glass roof. Bel Air Engineering, Contractors
05-06-77 Fred Elg Electrical 1 meter relocate
11-15-77 Fred Elg Plumbing Replace gas line
01-16-78 Fred Elg Sewer Connect sewer
08-15-86 Gary Cockrell Violation
Letter
Dance studio building addition unpermitted and in
violation of building code.
09-13-88 Mr. and Mrs.
Peterson
Electrical Electrical Load Calculations.
10-12-88
M.D. Peterson Building Remove west wall of kitchen for kitchen expansion.
Relocate kitchen sink and window. Install dishwasher and trash compactor. Replace existing water heater with
model to be approved. William J. Diggs Enterprises.
10-27-88 Morgan D. Building Permit to carry out corrections listed on resale Item - 2B 51
36 Peterson inspection report dated June 6, 1986, for guest house on east side of property, built without permit. Code
Compliance File #8604-30.02. Guest house approved
without kitchen. Guest house noted at 1125 square feet. 11-15-88 Mr. Peterson Building Remove existing roof over main house and reroof with urethane foam per contract. Replace kitchen cabinets
and change out sink and dishwasher in same location.
03-16-89 Morgan D.
Peterson
Building Install solar heating system for swimming pool. 01-25-91 Phyllis Peterson Building Construct foot bridge in front yard to span pond. Alter roof layout of decorative spandrel adjacent to pond. No electrical, plumbing, or mechanical work included with
this permit.
12-07-92 Morgan Peterson Building Replace 2 air conditioning and heating in equipment room. Not rooftop replacement.
12-28-17 n/a Building Code
Violation
Correction
Letter from city of Palm Springs documenting that the
building code violation filed August 22, 1986 has now
been corrected, and no violation now exists.
02-27-18 Down Kicker Building Full remodel to reconstruct layout of residence; addition of a new laundry room, create 2 new bathrooms and
relocate kitchen and utility rooms; remodel casita to
include creating new theater all within footprint of
existing residence.
02-27-18 Down Kicker Building Demolish existing decking around swimming pool. 08-29-19 Thomboy
Property Inc.
Building Revision to permit 2018-759. New plan to supercede previous plan and permit. Full remodel of residence to
include laundry room addition and water heater closet
addition. Laundry 44 S.F. Water heater closet 14 S.F.
Add separate ¾ gas line to fire pit.
08-29-19 Thomboy
Property Inc
Building Non structural demo for plan check 2019-3439 to remodel, kitchen, baths, BR, addition of laundry room.
09-26-19 Thomboy
Property Inc
Building HVAC change out 3 splits/1 pkg.
11-18-19 Thomboy
Property Inc
Building REVISED: Install 5’ high perimeter walls around front property lines, using city garden wall detail, observing 30’ corner cutback, install 4’ high retaining wall with 5
decorative iron on top along north property line using
city detail. Walls on the inside of property line per
licensed city survey.
12-11-19 Thomboy
Property Inc
Building Add new spa to existing pool per attached engineering and replacing pool equipment.
Item - 2B 52
37 V Supplemental Description
1980s: Owner Gary Cockrell’s modifications
During the years dancer Gary Cockrell and his wife lived at 574 West Mariscal, they made significant changes without first obtaining building permits. In a three-page violation letter dated June 24, 1986, to owner Gary Cockrell, the city of Palm Springs claimed that in a resale inspection, a number of serious violations had been identified. These included:
• The 1,125 square foot dance studio was built without permits. The city said that provisions for an inspection must be provided, and plans and a building permit will be required. The west wall of the dance studio was noted to be below grade, and exhibited water damage. Inadequate electrical outlets had been installed, the air conditioner compressor pad was not large enough to support the unit.
• On the south side of the parcel, along Mariscal: Stone pillars, wading pond, stone retaining wall.
The letter claimed the structures were built without the proper building permits, and due to the lack of verification of structural requirements, the structures will need to be removed.
Specific violations noted were:
o Electrical wiring for the waterfall built without permit and must be removed. o A gas line had been installed along the bottom of the wading pond to a barbecue. It didn’t meet code and must be removed.
o Stone steps leading to the top of the waterfall are not to code. o Wooden bridge and steps installed over the pond are not structurally adequate, and must be removed.
• Patio cover around the pool perimeter: A lightweight shade structure with a fiberglass roof had previously been granted a building permit. The letter documented a violation, whereby this lightweight structure had been altered with the addition of a stucco soffit, permanent roof covering, and stairs for access. A mist system powered by an extension cord was also noted. “The patio cover must be restored to its original condition and the steps removed.” • Room addition at northeast corner of the building: required six-inch clearance for wood above grade not observed; exposed romex wiring on exterior; window sill heights are in excess of 44 inches above the floor (precludes their use as bedroom); insufficient number of electrical outlets; 2x4 rafters are overspanned and exhibit water damage. It is recommended room be removed, as no permits were obtained and too many repairs would be needed to meet code. • Lattice structure, fountain and spa at northwest corner of building: All were installed without permits.
• Greenhouse on west side of building: Constructed without permits, and outside of required setbacks. Must be removed.
• Mechanical equipment enclosure installed within setback, must be removed. • Forced air unit closet on north side: Romex wiring must be installed within conduit; rafter cut when installing ductwork; unprotected iron gas piping installed [sic] buried directly in earth.
Must fix.
Item - 2B 53
38 • Roof area: Interior water damage indicates roof is not weathertight; ductwork on rooftop and installation of west greenhouse was creating water ponding on roof; permits for installation of ductwork across roof have not been verified. All must be alienated. [sic] • Kitchen area: exterior kitchen wall extended toward greenhouse by approximately four feet, without permit. Extension cord wiring installed into this area and greenhouse. Exposed Romex wiring installed on the kitchen side of old wall. Framing at the opening is in question. The extension must be reconverted to its original condition.
2016-2019: Proposed Demolition
NELCO PROPERTIES, LP (2016-2017)
On December 23, 2016, Morgan D. Peterson, who had lived at 574 Mariscal since 1988, sold the home to Nelco Properties, LP, a California corporation led by “entrepreneur” Curtis Nelson, who flipped houses using money from assorted investors. The house was sold off the market for $750,000. Shortly thereafter, demolition crews began dismantling the interiors of the home.
While researching my book about Herbert Burns, I monitored 574 Mariscal because of the terrible condition it was in. When I realized in February 2017 that the house had quietly changed hands, I drove over to see if anything was happening. I was concerned that a new owner might not appreciate the home’s architectural history. Finding no one there, I went in and took photos of the progress of the interior demolition. Several of Burns’ signature features, like the floating soffits, had been ripped out. Giant red “X”s had been spray-painted on the pylons of Arizona sandstone, indicating that they were targets of future demolition. However, other key details remained extant, such as the eggcrate grid wall of obscure glass. It was clear that Burns’ design was going to be erased. Later, I spoke to the man in charge of the demolition and explained to him the significance of the house. I asked what the new owners were intending. He said that the new owner had been informed that Herbert Burns had designed the house and was aware of the apartment hotels Burns had designed in the Tennis Club. But he said that the new owner’s intent was to create an “authentic 1960s Palm Springs Rat Pack style house,” and that he “hoped it would get into Palm Springs Life.” After this first round of gutting the interiors, the work stopped, and the house sat empty and vulnerable, which caused concern to the neighborhood, as the site wasn’t fenced, and homeless people began camping out there. The neighbors had every reason for concern, as evidenced by Nelco’s other shady business practices at a similar property in San Diego.
At this same time, Nelson and his company Nelco were in the process of doing “fix-and-flip” jobs at several other properties, most notably a home in the Ocean Beach neighborhood of San Diego at 2269 Ebers Street.
Neighbors there began to complain when safe environmental practices weren’t being followed with asbestos abatement, while another three-story house began to be built elsewhere on the parcel.”14 The complaints about improper demolition practices weren’t the only problem with the house, as concerned community members discovered. As reported in the San Diego Reader, “experienced developers are often able to leverage other people’s money to fund their projects. That money, though, often comes at a high cost in Item - 2B 54
39 the form of interest rates of 10 percent or more, compared to common conventional rates in the mid-4 percent range. Still, borrowing 147 percent of a home’s sale price is approaching exceptional, and we’re just getting started.”15 It isn’t uncommon for “fix-and-flip” developers to take high-interest, short-term loans (usually due at the end of one year) to complete work on a speculative remodel. As the Reader reported, “It’s assumed that in this time a prudent developer will be able to acquire a property, draw plans, pull permits, complete a rehab, and re-sell the home, paying off the loan at the close. The developer usually makes only the interest payment during this time (unless payments are deferred entirely), but once the loan term is up the entire balance and any back interest is due and payable all at once. The industry term for this is a “balloon payment.” By the time the first year ran out, the Ebers project was far from complete”16 At 574 Mariscal, after initially purchasing the home for $750,000 on December 23, 2016, Nelson took out a $950,000 commercial loan against the house, in addition to another that same day for $440,000. He received his first Notice of Default on October 18, 2017.
Because of his failure to complete the various “fix-and-flip” projects he had going (including 574 Mariscal), Curtis Nelson of Nelco had his license suspended “for failure to comply with an Arbitration Award. The suspension occurred on March 23, 2017.”17
The house at 574 Mariscal continued to sit, mostly gutted and vulnerable to vandalism or fire.
The photos on the following pages were taken by the author on February 9, 2017. The interior of the house had been mostly gutted, and red “X”s were painted on features to be demolished. Many of the house’s key features on the exterior were still extant. The pool was full of algae, and the unattractive and elaborate rock-covered landforms, arch, pool and moat with bridge were intact.
Item - 2B 55
40 Item - 2B 56
41 Item - 2B 57
42 DOWNKICKER INVESTMENTS, INC. (2017-2019)
The five “fix-and-flip” projects around Southern California that Nelco Properties had started work on sat in limbo for most of 2017. In October of that year, Tracy Smith, CEO of Downkicker Investments Inc., a San Francisco-based development company, was asked to review Nelco’s dire situation. Smith soon realized that Nelco had misappropriated funds, and the projects were already in the beginning stages of foreclosure, which put all of the investors at risk of losing everything they had invested. Smith worked with Paradyme Funding (the original funding broker for the Nelco projects) and worked with each individual investor to form a plan for Downkicker to take over the projects, saving them from the certain loss that the foreclosures would have caused.18 Speaking about one of the properties saved from foreclosure, Smith noted that Nelson had “borrowed an additional 200-300 thousand against the project even after the project had halted and was failing.”19
Nelco Properties turned over 574 Mariscal in a Quitclaim Deed on October 5, 2017, after which investor Smith formed “574 Mariscal Fund LLC.”20 On February 13, 2018, 574 Mariscal Fund LLC took out a commercial loan for $1,045,000.
Downkicker created plans to take the nearly-gutted property and developed a new façade, using Everett Smith, a Perris engineer. This design would have obliterated what was left of the Burns design, with “big box” store imitation stacked stone (replacing the authentic Arizona sandstone), including a bold central portal in the middle of the primary façade.
Renderings of Downkicker’s proposed remodel of 574 West Mariscal. These were approved by the Palm Springs Planning Department.
At this stage, more demolition took place to prepare for the reconstruction of the home. All the obscure glass panes were removed from the eggcrate wall near the front door, and the Arizona sandstone wall inside was removed. The extensive and badly done rockwork pond, streams, bridge and portals were demolished and removed, which reestablished the house’s relationship with the street. In June 2018, the plans for the Item - 2B 58
43 home were conditionally approved by the city of Palm Springs. However, work halted in the fall of 2018, leaving an entirely gutted shell which was left unfenced, prone to vandalism, with neighbors reporting fires being built inside by homeless people. In November 2018, 574 Mariscal Fund LLC was served with a Notice of Default. The house was sold March 19, 2019, in a foreclosure sale and transferred to the Western Riverside Council of Governments (WRCOG).
After the Palm Springs City Council passed a resolution whereby citizens could report blighted properties on the city’s website, concerned neighbors began to report the deplorable conditions at 574 Mariscal. I submitted a few complaints and was told that the city attorney was in contact with the property owners. Very shortly after that, on June 14, 2019, the gutted house was listed for sale “as-is” at $875,000. According to Wallpaper magazine, “It was total fate that Thomboy Inc. found the property after a tip-off from a local realtor, and they made an offer after 30 minutes of seeing it.”21 Four days later it was in escrow, and sold to Thomboy Properties on June 21, 2019, for $1,005,000.
The mostly gutted house as offered for sale in June, 2019.
Item - 2B 59
44 Photos of the Gillman Residence at the time Thomboy Properties, Inc. purchased the home in June, 2019.
THE REHABILITATION/RESTORATION
THOMBOY PROPERTIES, INC.
Jackie Thomas and DeeAnn McCoy of Thomboy Properties are well-known in the Coachella Valley for their rehabilitations of architecturally significant homes. Though their projects often start with a house in good but somewhat rundown condition, the completely gutted state of 574 Mariscal would prove to be a challenging change for them.
Because they intended to restore the important Herbert Burns character-defining features that the previous investors had stripped, they asked if I would help consult on that aspect of their rehabilitation. To get the details right, Thomas and McCoy measured extant original character-defining features from my own house, as well as from several other Burns-designed apartment hotels in the Tennis Club. Some of the Burns features that had been removed from the Mariscal house – either during the demolition, or before – that were restored or replicated, include:
Item - 2B 60
45 • The obscure glass wall near the front door.
• An Arizona sandstone pier supporting a secondary roofline. • Extension of roof fascia which intersects Arizona sandstone pylon on east façade. • Arizona sandstone planter on south façade near garage. • Redwood louvered ceiling in dining patio outside.
• Original color on front door.
• Swimming pool tile was restored, and original pool shape and configuration maintained, with new spa added adjacent.
• Sandblasted remaining Arizona sandstone features to restore natural color. • An Arizona sandstone wall on the interior of the entry hall. • Uplit curved floating soffit in living room.
Because the existing steel casement windows had been removed before they took ownership, high-quality aluminum-framed windows and sliding glass doors were used. Terrazzo floors were poured in the public rooms of the main residence, and the former dance studio was turned into a two-bedroom guest house. A block wall (similar to the concrete block wall that originally enclosed the house, though taller) was built to enclose the property, and a new landscape was created by landscape designer Paul Ortega, which references the original design by O.E.L. Graves. This features panels of grass near the swimming pool, and drought- tolerant desert plants in decomposed granite beyond.
The completed home received much attention and press and was the Showcase Home for Modernism Week 2020, and the home’s restoration was featured in the Spring 2021 issue of Atomic Ranch magazine.
Item - 2B 61
46 Item - 2B 62
•
Floating fascia over
sandstone pylon
was removed during
demolition, but
restored.
Open air dining patio
with redwood louvered
ceiling was restored
. ; -l·•· -,. '.· '. ·.· ~
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Sandstone pier
supporting
secondary rooffine
was removed at
some point and
turned into a door.
The original
configuration has
been restored .
~
47 Restored Features of the Gillman Residence
BOX GRID AND OBSCURE GLASS DECORATIVE WALL
The distinctive box grid wall near the front door still had its obscure glass when I photographed the house in February 2017.
By the time Thomboy Properties bought the home, the horizontal muntins and obscure glass panes had been removed, leaving only the vertical supports. Photos taken July 9, 2019, as work was beginning on the restoration of the home. From left, Jackie Thomas, the author, and DeeAnn McCoy. Author’s photos.
Item - 2B 63
48 The restored box grid and obscure glass decorative wall. Each pane of glass had to be individually measured and cut, as the sizes varied. Author’s photos.
Item - 2B 64
49 ARIZONA SANDSTONE PIER SUPPORTING SECONDARY ROOFLINE
Top: In this February 2019 photo, the secondary roofline had been recently demolished. This was originally supported by one of Herbert Burns’ distinctive Arizona sandstone piers, but that feature had been removed in the past and turned into a doorway.
Bottom: During the restoration, this missing feature was identified as an important character-defining feature to restore. Author’s photos.
Item - 2B 65
50 ROOFLINE EXTENSION INTERSECTING THE ARIZONA SANDSTONE PYLON
Left: In February 2017, the roofline extension was still extant. By the time the house was sold in 2019, that distinctive Burns featured had been removed. It was identified as an important feature to be restored. Author’s photos.
The restored roofline extension. Photo courtesy Lance Gerber.
Item - 2B 66
51 ARIZONA SANDSTONE PLANTER ON SOUTH FAÇADE
In this February 2019 photo, the Arizona sandstone planter had fallen into disrepair, with half of the sandstone missing. Also, unsightly pipes and wires had been installed over the years. Author’s photo.
The restored sandstone planter. Author’s photo.
Item - 2B 67
52 FRONT DOOR COLOR RESTORED
The historic turquoise paint color chosen by Burns for the front door was restored. Exterior paint colors are based on the two- toned tan and brown palette originally used. Photo courtesy Lance Gerber.
Item - 2B 68
53 OPEN DINING PATIO WITH LOUVERED REDWOOD CEILING
In this February 2019 photo, the original open dining patio had been enclosed with sliding glass doors. The louvered redwood ceiling had been covered with sheetrock, and a ceiling fan installed. Author’s photo.
The sliding glass doors were removed, opening the patio once again, and the distinctive Late Moderne louvered redwood ceiling was restored. Photos courtesy Thomboy.
Item - 2B 69
54 WHITE-PAINTED ARIZONA SANDSTONE RESTORED TO NATURAL COLOR
All of the home’s Arizona sandstone features had been painted white. They were all carefully sandblasted to reveal their original color. Photo courtesy Thomboy.
Item - 2B 70
55 IMPORTANT ARIZONA SANDSTONE INDOOR/OUTDOOR WALL
Left: In this February 2017 photo, the Arizona sandstone of the exterior pylon continued inside the entryway, blurring the distinction between indoors and outdoors. Author’s photo.
Right: By the time the home was purchased by Thomboy Properties, the interior sandstone wall had been demolished.
Stonemasons replicated the original Arizona sandstone wall. Photo courtesy Thomboy.
The restored Arizona sandstone wall, with the restored box grid and obscure glass wall beyond, showing the original interior planting bed. Photo courtesy Lance Gerber.
Item - 2B 71
-
I I
56 CURVED UPLIT FLOATING SOFFIT IN LIVING ROOM
Left: In February 2019 photo, Herbert Burns’ signature floating soffits had been removed from the interiors of the home.
Author’s photo.
Right: During the restoration, the Arizona sandstone fireplace was sandblasted to reveal the original finish. The existing soffits at the author’s home were measured to replicate the Gillman Residence’s soffits. Photo courtesy Thomboy.
The restored fireplace and floating curved soffit. Photo courtesy Lance Gerber.
Item - 2B 72
I ', -
T
=>--
57 VI Contemporary Images – Photos by Author, April 2021
Primary elevation (south)
Item - 2B 73
58 Item - 2B 74
59 West elevation
Item - 2B 75
60 East elevation
North elevation
Item - 2B 76
61 Item - 2B 77
62 VII. Late Moderne Context Section
(from The Design of Herbert W. Burns, by Steven Keylon. Published by the Palm Springs Preservation Foundation, 2018).
Item - 2B 78
DESERT
THE LRTE
GLRfflDUR
fflDDERnE STYLE DF HERBERT w. BURns
"' -:Julius Shu Im.an PMm Sprmgs."
bv t-llCh.'\81 Stern Md Al;N'I Heu, R•Uoll.
New YOO:, 2008, p 33
"Oea,gn of Modern 1n1• 11011,~
Jomes Ford .11'\d Kothenr.e Mom>w Forcl.
Archit.ctural Book Publish ing Co , Inc
New Yori( , 1942. p 6
Starting with his Town & Desert Apartm ent Hotel in 1947, Herbert Burns developed a very distinctiv e design aesthetic, rooted in a more decorati ve version of Modernism, the Late Moderne style. Popular from the late 1930s through the 1950s, Late Moderne hasn't received the same attention as other iter ations of Modernism. particularly in its residential form. It is importan t though to understand the Late Moderne style to appreciate the Herbert Burns look. Like the designer himself, his archite cture had warmth, prac ticality, vitahty, and even a sense of humor.
In reaction to the stark simplicity of the International Style, Late Moderne was mellower, with a finer sense of ornamenta tion. Writing abou t the style, architectural historian Alan Hess explalns, "While Richa rd Neutra promoted a more purely Euro pean version of Moderni sm in his light steel-skeleton frame Lovell House in Los Angeles, most progre ssive West Coast ar chitec ts looked elsewhere as they evolved Modern ideas. Like Streamline Moderne, the y emphasized solid volumes, but usually with more sophistication than the idiomatic curved corners of that popular com merc ial style. Influenced by Frank Lloyd Wrigh t and the vernacular buildings of rural California, they were drawn to natura l wood and unpa inted brick ." 71 The late Moderne style didn't develop solely on the draft ing tables of architects. Instead, it evolved through an inter penetration of several dlscipllnes: besides architecture, these 35 included interior design, industrial design, and decorative arts.
James Ford and Katherine Morrow Ford, in their 1942 book Design of Modern Interiors, wrote, "Though the origins of mod ern are manifo ld, the early insistence upon functionalism and the increasing emphas is upon organ ism can be accepted as th e major or basic factors. "1•
LATE MOOERNE INSPIRATIONS : SURREALISM,
FANTASTIC MODERN AND FRANK LLOYD WRIGHT
One important influence on the Late Moderne style was the forward- thinking design showcased at the 1937 Paris Exposi tion Internationale des Arts et Techniques dans la Vie Moderne (Internation al Exposition of Art and Technology 1n Modern Life).
The goal of the Exposit ion was to demonstrate that art and techno logy are not oppos ite concep ts, bu t are inextricably linked . and tha t their unde rstand ing might prom ote peace in a world recoverin g from economic c ollapse, and on the verge of war.
Many of the Exposition 's Interiors and exhibits were In spired by Surrealist art, with startling combinations of materi als, from rustic to sophisticated . One of the most t alked about rooms was at the Polish Pavilion. which had three walls of 63 Item - 2B 79
" -MO<Nl'n lriteriofl. T<Xkly ond TomorJow ,
Emlly een.-r, World Pubhshtng Comp;:iny,
CklVfiM\d ond N-York. 1942. p 206
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Toher, Dum,n, New Yo1lr:, 1987. p 124
64 Item - 2B 80
beautifully grained dark brown wood, con trasted by a fourth wall of boldly patterne d marble squares, accented with brass inlay. The elegant marquetry floor was on two levels, straddled by a low sofa. "And if this wasn't uniq ue enough, the couch was covered with a shaggy white material that continued out to form a rug for the lower level," an homage to Dali's melting pocket watch.79 Innovatio ns in architecture included Surreal ist-inspired entrance surrounds; bold pylons; picture frame moldings surroun ding windows or portals; and walls and can opies with cutouts resembling the holes in Swiss cheese.
Speaking abou t the emerging Late Moderns style, Em ily Genauer, influential art and architecture cri tic for the New York World, wrote in 1942 that "it was what happened in Paris which is directly responsible for the present aspect of American modern [design] .''80 Calling the movemen t "Fantastic Modern," she observed, "The wave of surrealist art exhibits of the past few seasons may have fanned the fantastic style to new life. Or maybe It comes as an inevftable reaction, on the part of many persons, to the dull perfect ion of period d~or on the one side and the mechanical efficiency of the modernists on the other:·• The 1937 Paris Exposition was visited by many of Amerl· ca's leading designe rs and architects. including Industrial de· signer Gilbert Rohde, who was profoun dly moved by the
theatricality and fantasy he witnessed, saying , "What really makes the fair so good is the fact that two elemen ts - show manship and beau ty - have been success fully consolidated.
The French have merged emotion and reason in such a way that a high aesthe tic value Is attached to the exhibits and not one iota of drama tic value is lost." 82
Rohde used these themes - luxurious materials and Sur·
realisHnspired forms - as inspiration for his interior archi· tecture for the Herman Miller showroom at the Chicago
Merchandise Mart in 1939, turnin g Surrealist art into thr ee dimensions. Keeping the large space open, he utilized a variety of semi-transparen t screening devices to suggest rooms - a wall with circular cutou ts, another "wall" of vertical steel poles, and yet another a geomet ric grid of obscure glass. The most striking of all was a sensuously curved Weldwood-ve neered wall with a biomorphic cutout "window," the freeform cut-out piece appearing to levitate over the seating area, highlighted with indirect lighting . Rohde believed that as the country re· covered from the economic austerity of the Great Depress ion, it was approp riate to introd uce decorative elements which would cater to the "psychological needs of human beings.
There are certain things tha t have been experienced by human beings for so many ages that we can say they are functional needs .. Jhat is why we may now design furnitu re with some decorative elements that are not needed for physical function ing. It is something unnecessary to the opening of the drawer, but very necessary to the happiness of the soul." 115
An additional project contributing to the Late Moderns
vocabulary was industria l des igner Donald Deskey's "Spo rt shack," a 1940 Metropolitan Museum of Art exhibit house. Set up as a Modernist hunting cabin, it featured a wall with a grid of circular cutouts, clad in Deskey's innovative new textured plywood "Weldtex." which would become ubiquitous ln Late Moderne design . An attractive combed Douglas fir, Deskey believed "This sturdy, striated plywood is as modern as today's airplane in appearance, yet has the nostalgic charm of the vveath ered wood in an old log cabin.''84 Weldtex was used immediately by designers and archi tects, including Frank Lloyd Wright.
The 1930s work of Frank Lloyd Wright was another strong influe nce on Late Moderne, partic ularly in its residential form.
One of Late Moderne's most identifiable features was the stone-clad pylon. At Fatlingwater, Wright used massive pylons and piers to suppart the long horizontal cantilevere d balconies and flat roofed structure . At his Usonian houses, Wright began to make the Prairie house look more modern . Usonian homes were charac terized by materials indigenous to the site, in ad· ditlon to other natural materlals like unpainted brick, wood (often horizontal board -and-batten) and stone. There was a consp icuous emphasis on the horizontal line, with flat roofs 65 Item - 2B 81
and long cantilevered overhangs, sometimes extending to cantilevered "carports," a term Wright is said to have coined .
Another signature feature of Wright's from this period that would inspire the Late Moderne style were balconies or para pets clad in long, horizonta l redwood shiplap planks, tapering down at the end. Frank Lloyd Wright's architecture would serve as the primary inspi ration for the work of Herber t Burns.
COMMERCIAL LATE MODERNE
Late Moclerne was the leisure archi tecture of Hollywood night clubs, Las Vegas and Miami resorts, and, most commonly, high-end retail establishments. Starting before World War II, designers working in retail architecture sought to give shops the elegant geniality and stylish intimacy one wou ld expect to find in the home of a good friend, albeit one with progressive good taste. The Late Moderne style is large ly overlooked by archi tectural historians t oday, and one reason may be that it wasn't taken as seriously at the time. In 1945 Architec tural Forum consulting editor George Nelson argued , "It is still the fashion in some quarters to affect a belie f t hat comme rcial build ing is in some way inferior to 'fine ' architecture based probably on the notion that t he quality of design is in some way related to the nobility of its purpose. If this were true, it would be rather embarrassing to have to explain why we build such good stores and such atrocious churches. Or why our nationa l monument to Thomas Jefferson lacks the interes t and integrity of a seed store in san Francisco." n
Developme nts in technical fields such as air conditioning, acousUcs , lightlng, color psychology, as well as breakthroughs In materials like plastic, plywood, metals and glass , allowed retail architects to completely rethink what store architecture "' ·Con tempo,rary Shops 1n tht I.hie d SlotH."
Emric;h NK:holson,, With foreword by G«)rge
Neb.on. ArcMec h.ir_.l Bodt Putlhsh,ng Co,
Inc., N- 't'odt, 1945. p 11
66 Item - 2B 82
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Inc .• Mew Yon::, 1945. p 7
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Books. Sl!n Fr.:incasco. 2004. p 10
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p 25
could be. Where storefronts were once closed to the street, with relatively small showcase displays set into traditional bullding facades, designers began opening the storefronts entirely with walls of glass, making the interior of the store part of the window display. This meant that the store interiors had to be as exciting as the wares on display. Nelson pointed out. "Today we choose to think of the entire shop as the front." 86 Perhaps the most prolific and successful Late Moderne
reta1I architect was New York designer Moms Lapidus. Using interesting forms , colors and textures, Lapidus sough t to Infuse his architecture with "the quality of human emotion .
People want arch itecture to give them pleasure. They want human comfort. satisfaction, and warmth ."u Architectural Forum understood Lapidus' philosophy, acknow ledging "At mosphere and personality are painful words to architects. but the architects obviously have been convinced that these are of great importance in store planning.'' 14
Shunning the tasteful grays and beiges of the past, Lapi· dus began using exciting color schem es to engage potential shoppers. He also d eveloped the "moth" concept of lighting , creating islands of bright light inside the stores to draw people in, like moths to a flame . Some other expressions in Lapidus' Late Moderne vocabulary included "beanpoles" (vertical steel pales, sometime s canted) , "waggles" (biomorphic ceiling coves or trays for indirect lighting), and "cheese holes" (round cutouts provide visual interest In an organic way).
The Late Moderne style in commercial architecture hit its zenith in Southern Californ ia in the late 1940s, with Wurdeman and Becket's Bullock's stores In Pasadena and Palm Springs, as well as A. Quincy Jones and Paul R. Williams ' Tennis Club and Town and Country restaurant in Palm Springs. Their mas terful designs utilized boldly solid volumes with dynamic angles; crisp abstract forms which used a rich but subtle palette of natural materials . Finally, these compositions were enliv ened with a sophisticated and theatrical palette of decorative late Moderne motifs.
By 1948. the Late Moderne vocabulary had become so well-es tab lished that Victor Gruen jokingly developed a "recipe" for a Late Moderne storefront, with Ingredients such as "five verti· cal poles, three free-shaped panels, seven vertical fins, a few hundred pounds of plate glass. Stir well with a T-square, add artificia l coloring (chartreuse 1s recommended). and serve un der strong fluorescent lights." 1 9
With the proliferation of Late Moderne stores, this softer form of Modernism became palatab le to a larger cros s-sec tion of the population, who were then willing to accept it into their homes .
RESIDENTIAL LATE MODERNE
After World War II, Arts & Architecture magazine's Case Study House program , whose architects celebrated the structural form of their designs, dominated people's attention when it came to res1dentlal architectu re. But there were other parallel iterations of Modern happening at the same time. David Geb hard observed, "In the postwar period, establi shed t raditiona l· ist architects either moderni zed their traditional designs or began to produce modernist buildings. This was the case with Wallace Neff, Roland Coate, Gordon B. Kaufmann. and Ralph C.
Flewelling . Generally, in their post-1945 modernist work, these architects used modern elements: simple volumes defined by unadorned, thinly delineated walls; hortzontal bands of win dows; and flat, projecting roof planes. They also opened up their interiors so that the spaces flowed freely Into one anoth er, and they established a close relationship betwe en the inte rior spaces and the gardens beyond."90
Southern California architects such as Paul Laszlo, A.
Quincy Jones, Arthur Froehlich, Wurdeman & Becket utilized Late Moderne for their designs for upscale clients, who didn't 69 Item - 2B 85
70 Item - 2B 86
71 Item - 2B 87
necessarily want an austere International Style modern house, but still wanted good contemporary architect ure infused with luxury, charm and comfort. The architect who arguably creat· ed the most outstanding Late Moderne residential work was Paul R. Williams. He defined the style at the time as "conse rva· tive modern." Compar ing his earlier work, which he described as having, "preclsely defined cubicles" with "solid doors and solid walls," to his later "conservative modern," Williams wrote, "Not so today. Walls are pierced or constructed of transparent, translucent. or highly decorative materials. Doors are being used less and less. In fact. rooms have ceased to be finite cu· blcles, and have become instead large open areas with indis· tinct or nonexisten t boundaries . The emphasis today is on a feeling of openness and friend liness."91
One of the first Late Moderne houses to be published was the McCarthy Residence in Bel Air, created in 1941 by architec· tural designer Burton Schutt. Elizabeth Gordon, the influen tial editor of House Beautiful, who had begun championing a soft· er version of modernism, wrote an article titled, "Here's Mod• ern Nobody Can Object To." In it. she asserted that the house was significant because it would please traditionalists. "The early protagonis ts of Modern wanted to make it revolutionary, instead of evolutionary. Consequently, early Modern had no root s or blood lines in our past. But Modern has been chang· ing. Its architec ture has shadow lines and texture, jogs and changes of plane. Its materials and design give pattern and eye interest. It has structural simplicity and frankne ss, but it does not have the mechanical coldness which has made peo· pie reject Modern." 91
HERBERT BURNS' LATE MODERNE STYLE
Though he wasn't formally trained as an architect. in Herbert Burns' capab le hands, his styllshly simple, clean · lined archi tecture, was imbued with a feeling of glamour. Burns' confident design sensibilities and masterful use of the Late Moderne vocabu lary produced high quali ty, human-scaled structures. Appropriate to their spectacular desert surround · ings, Burns' ground ·hugging flat · roofed structures were in spired by the organic materials and horizonta lity of Frank Lloyd Wright. and enlivened with novel detailing meant to de· light the eye.
Though he would become known and sought after for his
distinctive style, Burns' creative process started with practi cality and function . He prided himself on the livabi lity and comfort in his designs above all, customized speclfica lty to the clients for whom he was designing . He believed, "dissat is faction is the result of insufficient thought and research on the part of the owner and his planner and their failure to anticipate the future activities of the owner's family." ' 3
After lntervfewing his clien t s t o determine their needs, he created an initial floorplan which would include the layout of furn iture. He wrote, "Furnit ure and its location in a room is vital and should always be Included in the preliminary sketches to eliminate awkward or inconvenient arrangements and to insure correct location of electrical plugs and switches."'>~ The four fundamentals he considered when designing his spaces were "flow of traffic, entertaining, privacy, and uninterrupted conversa tion," the emphasis on socializing perhaps even more important considerations for the leisure life of the desert.
Burns' interiors, with their comfortable theatricality, provided a glamorous backdrop for people.
In creating the site plan, Burns took great care to orient the building for the best sun expcsu re and cross·ventilation, often using a splayed layout, to maximize views. Once again inspired by Wright. one of the most distinc tive and recogn iz· able moti fs in Burns' work are his strong stone•clad pylons, most commonly placed in an oppcsing arrangement , as the means of bookending and balancing his bold asym metrical composi tions . These monoliths were the centerpiece of his 44 ., "'Paul R W1lli.:1m11, Architec t A Legacy
of Sty'9." K.!M8n Hudson, lntroduc: t10n
by David Gebhord. Rizzol~ !'-NW VO.t. l99l.
p 111.
., "He,.., MOdem Nobody Con Ob,ec t To."
Eltzobeth Gordon. House 6e.,u!Jh.,I,
NCP.'ernl)M 1943. p. 4 2·45
"E'l9'VHome0WnerS t l'l'tl9$f Of lt\4
lAt,mote . .FewAChiewtll"
by Hed»rt Bums. P.>tn 5(,1,r,gs We.
June-JuJY1960, pp 7·12
72 Item - 2B 88
configuration of intersecting planes and volumes. The material - primarily Arizona sandstone - was native to the Sonoran Desert, giving them an Indigenous feeling, the long, thin sand stone slabs stacked and mortared in a linear pattern . Built-in planter boxes of the same material, planted with cascading plant material and seasonal color, helped to blur the lines be tween architect ure and landscape. Wright-insp ired horizontal redwood shiplap plank parapets, tapering down at the ends, were also used for planter boxes or balcony trim.
To further reinforce the horizontality of his flat. projecting rooflin es, a secondary eave and fascia, recessed and slightly narrower in profile than the deep eave and fascia of the roof. floated below and parallel to the pnmary fascia. These elegant ly flat planes appeared to have the surprising power to slice and penetrate the monolithic stone forms or stucco walls.
Burns' structures were typically covered In smooth stuc co. but for variety, he often contras ted that with vertical wood board-and-batten for texture, a detail appropria te to the ranch vernacula r of Palm Springs. Once his basic design had been established, he went to his trusted toolbox of Late Moderne motifs which, used in varying combinations , invigorated the architecture , providing a vertical counter point to the overall theme of horizontallty.
The most common of these was his use of vertical steel
poles. On building exteriors. poles supporting deep over hangs were grouped in a dynamic syncopated rhyth m of
three, five. seven or ten. Later. he began using "V" shaoed pole supports as an alternat ive to vertical poles. Another Late Moderne punctuation mark was his use of vertical red wood louvers (usually 2 x 11), used as a brise-solei l to modulate sun, to support carports, or simply as a decorative device to animate the facade
73 Item - 2B 89
INTERIORS
Herbert Burns' interior architecture showed his ability to cre ate glamorous, flexible, intimate environments, while main taining a natural relationship to the landscape outside.
Recognizing the primeval desire to gather around a fire, the heart of most of his interiors was the fireplace, clad in the same Arizona sandstone as the exterior pylons and piers.
Burns created further warmth with a varie t y of materials, like the striat ed t exture of combed plywood (Weld tex).
Burns artfully modulated the interior spaces with the use of lowered ceiling sections and floating eyebrow soffits, creat ing cozy spaces within a larger room for dining or conversa tion. These soffits were also used as long "eyebrows" over steel casement windows, extending wall -to-wall, with soft, in direct lighting, bathing ceilings with a warm glow. Having once been a lighting designer and manufact urer, m uch of the light ing was built -in and recessed into the ceiling, eliminating the need for a lot of lamps. One device he used to create soothing interiors was a recent innovation - the rheostat dimmer . De veloped originally for theatrical stage lighting, Burns wrote, "subdued lighting helps to make after-dinne r conversation more relaxed. With apologies to the masculine readers who'll hate me for saying so, I must concede this point to the ladies and acknow ledge that soft lights are flattering ." 95
Burns was like a kid on Christmas when it came to techno logical innovations. In an article he wrote for Palm Springs Life in 1960, he extolled the virtues of centralized built-in Hi-Fi equip ment, with individual controls in each room; infra-red bulbs in the kitchen to keep food warm; Plexiglas skylights and micro wave ovens; closed circuit television (which he opined might help save the lives of children) ; intercoms, built-in food proces sors, and acoust ical walls and ceilings . He also marveled at improvements to air-conditioning and the new central vacuum cleaners. Not to mention his love for built-in wall clocks.
Aside from aesthetics, Burns demanded the highest qual ity materials and techniques in his cons truction . Laguna Beach architect Peyo Michaels, AIA, who owns a condomini um at The 500 West was impressed, explaining , "When we opene d our walls for renovations I was surprised to see all the wood studs were stamped 'No.1' select kiln dried lumber," im portant for the dry desert climate, to prevent warping. "The studs were a full 96" in length instead of standard 92 5/8" studs that are used for typical 8' ceiling heights, resulting in ceilings about 3" higher than normal. The HVAC system is one of the best residential ones that I have seen. It has a supply and separate return air register in every room, and the first floor return ducts are all buried below the concrete floor slabs, which is costly . The original working drawings have a separate sheet solely dedicated to the HVAC system layout," 96 which is not really surprising, considering Herbert had studied com bustion engineering and designed and sold furnaces at one point in his life.
COLOR
According to his client J oanne Petty, "Herb was a master , not only of lighting, but of color. Herb created the most beau tiful, unexpected color palettes, and they were so appropriate for the deser t.'17 He unders tood what worked in the deser t." Aes thetics aside, Burns believed that thoughtful color choices even had psychological benefits . "Colors in a house play a more important part on the serenity of a home than meets the eye. An extensive study undertaken by the U.S. Navy for sub-marine rs who were required to live months with the same colors proved harmonious colors con tribute to harmonious co-existence." 98
~ ~EwryHom0 Owrwr Strives For th9
Ulllm11te ... Few Ach1e'1e u:
b y Herbert Bums. P.J/m Springs Life.
J une-July 1q60, pp 7-12
00 Em31I from PeVo M,choels, Jonu <l!'y 8. 2018
"' lnter¥1ew with JOilnne Petty,
November. 2017.
• ~Ew ry Home Owner Striws For the
UlllmOle ... Few Ach1e¥e It,"
by Herber t Burns. Palm Springs Life,
J une-July, 1960, µp 7-12
00 ~r h9 Sun Sets the Theme;
by Juli us Shulm.ln, Los Angeles Times
Home Nog:ulne . Febru3ry 27, 1949.
""' ~The Mogic Touch For Your House of
Beouty,~ ltd¥ert1semenl by Herbert W Burns
in the Polm Spr,ngs Villager, June, 1951, p 6
"" ~E.,.ery Home Owner Strwes For th9
Ult,mote . Few Achieve 11, •
by Herbert Burns. P.Jlm SprJngs Life,
J u oo· July, 1960. pp 7·12
74 1 Herbert W. Burns opened his office advertising his design services, emphasizing his modern design. Though there were other fi ne architects doing modernist design at the time (John Porter Clark & Albert Frey; Williams, Williams, & Williams; William Cody) , they worked in both traditional and contemporary design. Burns didn’t create any traditional architecture in the Coachella Valley. 2 Julius Shulman, Palm Springs, by Alan Hess and Michael Stern, 33. 3 “Building Total Tops Three Million With New Homes Begun,” Desert Sun, July 13, 1948, 3. In Los Angeles, the Gillmans lived in a Streamline Moderne apartment building designed by Milton Black. 4 “Sophisticated Sun Seeker,” Los Angeles Times Home Magazine, January 14, 1951, 7. 5 Ibid.
6 Ibid.
7 The Desert Sun made note in 1956 that the Gillmans had a buffet dinner to celebrate their new “Play Room.” (“Buffet Dinner Opens Play Room.” Desert Sun, October 23, 1956, 6.)
8 “Architectural Award Given Jewish Community Center,” Desert Sun, November 11, 1954, 3. 9 On August 29, 1907, eighteen-year-old Sadie married Joseph Spero, a twenty-one-year-old Seattle tailor, who had been born in London. No divorce date was found, nor was a definitive death date for Spero dis covered. The 1910 census lists Sadie as “Single.” 10 The Recorder, San Francisco, March 10, 1928, 8.
11 Message from Ancestry.com user Macawluvr, whose father was also Sadie Gillman’s nephew. October 10, 2021. 12 Board of Directors of Jewish Center (Desert Sun February 9, 1951); Dr. Gillman turns first spade at Jewish Center addition. A dinner was held for the Gillmans following the ceremony (Desert Sun May 25, 1951) The Desert Sun makes note of new “Gillman Hall” later in 1951.
13 IMDB (https://www.imdb.com/name/nm0168324/bio) accessed July 3, 2021.
Item - 2B 90
Burns thoughtfully used the subtle shadings of the desert to more comp letely integrate his buildings with their native sur roundings . Photographer Julius Shulman was inspired, ex plaining that Burns "literally brought the desert home . He sought there colors in rocks and foliage, then carried them back for the painte r to match ." At the Town & Desert, the color of reddish-brown rocks from the nearby Chocolate Mountains were matched for the paint which ran from the unders ide of the roof overhang to the ceiling inside . Tamarisk and mesquite leaves inspired shades of green for the two-toned treatment on exterior walls, with deep mesquite green painted on recessed walls, to make them further recede, and silvery tamarisk green applied to the forward walls to articulate those . To emphasize the horizontality, another one of Burns' characte r-defining fea tures was a raised stucco cornice molding, painted a cont rast ing color. At the Town & Desert, "the yellowish-green of the Palo Verde" tree was used to accentuate this molding .99
Burns believed that in designing a home, "one of the most important decisions of all is the color scheme - for it will be before you constant ly, affecting your unconscious self by day and by night. A carefully chosen color harmony is cheering to your heart. It brings a sense of restfulness to your soul. It is a welcome . It gives home the feeling that it ls yours, and that it is good. Color is the last but not the least impo rtant prob lem in the construction or remodeling of a home to provide the great est comfort. relaxation and contentment." 100
Finally, Burns described his philosophy behind a success fully designed home : "Do not build a house to impress your friends and neighbors nor to show off your success . Such a house is a vulgar display of money. Build a house that is a home - be it ever so humble. A house is made of stone and earth but a home is built of love, understanding loyalty and tolerance. A home is a haven, a place to share joys and sor rows, to feel safe and secure. It is the only place you can be comp letely relaxed and where you can run the full gamut of your emotions . Live in your home . Enjoy it." 101
75 14 San Diego Reader, October 10, 2018.
15 “A simple fix-and-flip can go horribly wrong,” San Diego Reader, October 10, 2018 (https://www.sandiegoreader.com/news/2018/oct/10/cover-simple-fix-and-flip-can-go-horribly-wrong/ accessed September 14, 2021)
16 San Diego Reader, October 10, 2018.
17 “Ebers and Greene Project Contractor Has License Suspended,” OB Rag, March 27, 2017 (https://obrag.org/2017/03/ebers-and- greene-project-contractor-has-license-suspended/ accessed September 14, 2021) 18 “$7 Million Dollars in San Diego Real Estate Projects Rescued from Failing Developer by Downkicker Investments ,” PR Web press release, December 11, 2017. (https://www.prweb.com/releases/2017/12/prweb15001246.htm accessed September 14, 2021). The four project locations were:
• 574 W. Mariscal Road, Palm Springs, CA
• 2006 Catalina Boulevard, San Diego, CA
• 2173 W. El Norte Parkway, Escondido, CA
• 807 Barr Avenue, San Diego, CA
19 PR Web press release, December 11, 2017.
20 PR Web press release, December 11, 2017.
21 “Herbert W Burns’ Gillman Residence renovated in Palm Springs,” Wallpaper magazine, March 2, 2020 (accessed online October 24, 2021 https://www.wallpaper.com/architecture/gillman-residence-herbert-burns-thomboy-properties-palm-springs) Item - 2B 91
ATTACHMENT D
Item - 2B 92
HISTORIC SITE PRESERVATION BOARD
STAFF REPORT
DATE: April 5, 2022 PUBLIC HEARING
SUBJECT: AN APPLICATION BY BARBARA AND KEITH KI ZZIAH, OWNERS, FOR HISTORIC DESIGNATION OF “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST MARISCAL DRIVE , (APN #504-281-012), CASE HSPB #142. (DN)
FROM: Department of Development Services – Planning Division
SUMMARY
The property owners are seeking historic designation of a single-family residence known as The Gillman Residence, which was designed by architectural desi gner Herbert W.
Burns in 1948. The home is an example of the Post World War II period in Palm Springs and reflects the Late Moderne style of architecture.
If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.
RECOMMENDATION:
1. Open the public hearing and receive public testimony.
2. Close the public hearing and adopt Resolution HSPB #142, “A RESOLUTION OF
THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM
SPRINGS, CAL IFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE GILLMAN RESIDENCE” LOCATED AT 574 WEST
MARISCAL DRIVE, AS CLASS 1 (LANDMARK ) HISTORIC RESOURCE HSPB #142, SUBJECT TO CONDITIONS (APN 504-281-012).”
BACKGROUND AND SETTING:
A historic resources report dated January 20, 2022, prepared for the owners by Steven Keylon, of the Palm Springs Preservation Foundation (“the report”) is the basis of this staff report.
Related Relevant City Actions by HSPB, Planning, Fire, Building, etc… March 2022 Site inspection by members of the HSPB.
Item - 2B 93I
Historic Site Preservation Board Staff Report: April 5, 2022 HSPB-142 – The Gillman Residence