Agenda packet — Palm Springs City Council, June 30, 2022 (part 1 of 6)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA
Council Chamber, City Hall
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
www.palmspringsca.gov

REGULAR MEETING AGENDA
3:30 PM CLOSED SESSION
5:30 PM REGULAR SESSION
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

Submit your public comment to the City Council electronically. Material may be emailed to [email protected]. Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record.

You may provide telephonic comments by calling the City Clerk's Office at (760) 323-8204. You may be added to the queue at any time prior to the end of the public comment period for the subject hearing. At the appropriate time, a staff member will call you so that you may provide your public testimony to the City Council.

View the City Council meeting live at the City’s website www.palmspringsca.gov/pstv, YouTube, or Channel 17 (Spectrum).

JUNE 30, 2022

3:30 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Lisa Middleton, Mayor
Grace Elena Garner, Mayor Pro Tem
Christy Gilbert Holstege, Councilmember
Geoff Kors, Councilmember
Dennis Woods, Councilmember

City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:30 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: (Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.

RECESS TO CLOSED SESSION: See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or "no" votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

June 30, 2022 City Council Regular Meeting Agenda 2

1. CONSENT CALENDAR:

The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings may be held by videoconference, in accordance with AB 361.

B. CONSIDERATION OF AUTHORIZING LETTERS OF OPPOSITION TO ASSEMBLY BILL NOS. 1778, 2237, AND 2438 TO THE SENATE COMMITTEE

ON TRANSPORTATION
RECOMMENDATION:

Authorize issuance of letters to the Senate Committee on Transportation in opposition to Assembly Bill Nos. 1778, 2237, and 2438 regarding the funding of transportation projects.

C. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2022.

D. MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE

MANAGEMENT ASSOCIATION
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A

MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS,

AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR

EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT
ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025, SUBJECT TO ASSOCIATION’S EXECUTING THE MEMORANDUM OF UNDERSTANDING.”

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

2. June 30, 2022 City Council Regular Meeting Agenda 3

E. TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2022 RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of January 31, 2022.

F. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 05-14-22 AND 05-28-22 TOTALING $3,736,825.75 AND ACCOUNTS PAYABLE WARRANTS DATED 05-12-22 AND 05-26-22 TOTALING $5,825,018.10, IN THE AGGREGATE AMOUNT OF $9,561,843.85, DRAWN ON BANK OF AMERICA.

G. ACCEPTANCE OF PLAYGROUND SURFACING PROJECT, CITY PROJECT NO. 20-29
RECOMMENDATION:

Accept the public works improvement identified as Playground Surfacing, City Project No. 20-29, as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Playground Surfacing, City Project No. 20-29.

2. H. APPROVAL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT WITH ALLIED UNIVERSAL, INC. FOR UNARMED SECURITY SERVICES (A8358)
RECOMMENDATION:

The City Council will consider approval of an amendment to the contract services agreement with Allied Universal Inc., included in, to adjust hourly rates by the new Consumer Price Index (CPI) effective July 1, 2022, to respond to recent inflation in prices for gasoline and other goods. In addition, the amendment includes changes in the scope of services for Fiscal Year 22-23 and an increase in the maximum contract limit resulting from the CPI adjustment and an increase in security hours required by the City at various City Facilities and locations.

June 30, 2022 City Council Regular Meeting Agenda 4

I. APPROVE AMENDMENTS TO CONSULTING SERVICES AGREEMENTS NOS. A5768, A6017, A5482, AND A6205 WITH GOVERNMENT REVENUE SOLUTIONS HOLDINGS

I, LLC DBA AVENU INSIGHTS & ANALYTICS, LLC / MUNISERVICES (“MUNISERVICES”)
RECOMMENDATION:

Approve Amendment No. 2 to Consulting Services Agreement No. A5768 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Auditing, Geocoding, Utility Users Tax / Franchise Compliance and Revenue Protection Program Services.

1. Approve Amendment No. 4 to Consulting Services Agreement No. A6017 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Transient Occupancy Tax (TOT) Program Auditing Services.

2. Approve Amendment No. 5 to Consulting Services Agreement No. A5482 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Sales, Transactions, and Use Tax Audit (SUTA) Services.

3. Approve Amendment No. 5 to Consulting Services Agreement No. A6205 with MuniServices in the amount of $50,0000, approving an extension through June 30, 2023, for Business License Discovery and Assessment Services.

4. Authorize the City Manager or his designee to execute all necessary documents.5.

J. APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT No. A6164 WITH ACTION PARK ALLIANCE, INC., FOR THE OPERATION AND MANAGEMENT OF THE PALM

SPRINGS SKATE PARK
RECOMMENDATION:

Approve Amendment No. 2 with Action Park Alliance, Inc., for the operation of Palm Springs Skate Park to increase the hours of operation by adding ten (10) hours per week, and five (5) extra hours on holidays and extending this contract for two (2) additional years at a cost of $150,000 for Year One, with annual increases of the City of Palm Springs’s adopted CPI-U annual rate increase.

1. Authorize City Manager to execute all necessary documents.2.

K. FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF

PALM SPRINGS AND THE PALM SPRINGS PLAZA THEATRE FOUNDATION RECOMMENDATION:

Approve First Amendment to Memorandum of Understanding between City of Palm Springs and The Palm Springs Plaza Theatre Foundation.

1. Authorize the City Manager to execute said First Amendment, as well as any minor changes to the Amendment acceptable to the City Manager and City Attorney.

2. June 30, 2022 City Council Regular Meeting Agenda 5

L. APPROVAL OF AMENDMENT NO. 5 TO THE AIRPORT CAR RENTAL CONCESSIONAIRE AGREEMENTS AND APPROVAL OF AMENDMENT NO. 6 FOR

AVIS-BUDGET AT PALM SPRINGS INTERNATIONAL AIRPORT
RECOMMENDATION:

Approve Amendment No. 5 and Avis-Budget Amendment No. 6 to all Airport rental car concession agreements doing business as eight car rental agencies at PSP which include:

Avis/Budget Car Rental, LLC (Amendment No. 6)
The Hertz Corporation (Amendment No. 5)
Enterprise Rent-A-Car, LLC dba Alamo Rent a Car / National Car Rental (Amendment No. 5)
Enterprise Rent-A-Car Company of Los Angeles (Amendment No. 5) DTG Operations, Inc. dba Dollar Rent a Car /Thrifty Car Rental (Amendment No. 5)

1. Authorize the City Manager or his designee to execute all necessary documents.2.

M. APPROVE A CONTRACT SERVICES AGREEMENT WITH AMADEUS AIRPORT IT AMERICAS, INC. TO PROVIDE A COMMON / SHARED USE PASSENGER

PROCESSING SYSTEM FOR THE PALM SPRINGS INTERNATIONAL AIRPORT

BOARDING GATES
RECOMMENDATION:

Approve a Contract Services Agreement with Amadeus to provide a common/ shared use passenger processing system with support at the Palm Springs International Airport Bono and RJ concourses boarding gates, in an amount not to exceed $568,029 for a three-year term with two one-year options.

1. Authorize the City Manager or designee to execute all documents.2.

N. APPROVE SITE INSTALLATION COSTS IN THE AMOUNT OF $65,000 FOR THE AIDS

MEMORIAL PUBLIC ARTS PROJECT FOR THE DOWNTOWN PARK
RECOMMENDATION:

Appropriate funds in the amount of $65,000 from the Public Arts Fund Balance in Fiscal Year 2023.

1. Approve funding in the amount of $65,000 of Fiscal Year 2023 Public Art Funds for preparation and installation costs of the AIDS Memorial Sculpture at the Downtown Park.

2. Authorize the City Manager to execute all necessary documents to facilitate funding for the site preparation and installation costs of the artwork.

3. June 30, 2022 City Council Regular Meeting Agenda 6

O. REQUEST BY PRETTY FACES, LLC, FOR A RESOLUTION OF PUBLIC CONVENIENCE OR NECESSITY (PCN) FOR A TYPE 48 (ON-SALE GENERAL –

PUBLIC PREMISES) LICENSE IN CONJUNCTION WITH THE OPERATION OF A NIGHTCLUB (PRETTY FACES) AT 150 SOUTH INDIAN CANYON DRIVE, ZONE R-A (CASE 5.1551 PCN)
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DETERMINING THAT THE PUBLIC CONVENIENCE

WOULD BE SERVED BY THE ISSUANCE OF ALCOHOLIC BEVERAGE CONTROL LICENSE TYPE 48 FOR PRETTY FACES NIGHTCLUB LOCATED AT 150 SOUTH INDIAN CANYON DRIVE WITHIN CENSUS TRACT NUMBER 9414 (CASE 5.1551 PCN).”

EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

June 30, 2022 City Council Regular Meeting Agenda 7

2. PUBLIC HEARINGS:

A. RESOLUTION CONFIRMING THE REPORT OF THE PALM SPRINGS SMALL HOTEL

TOURISM BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD, LEVYING THE FISCAL YEAR 2022-23 ASSESSMENT, AND CONDUCT OF PROTEST PROCEEDINGS RECOMMENDATION:

Open the public hearing, receive public testimony, and written and oral protests to confirm the Report of the Palm Springs Tourism Small Hotel Business Improvement District Advisory Board and levying an assessment for Fiscal Year 2022-23.

1. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, CONFIRMING THE REPORT OF THE

PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD AND LEVYING AN ASSESSMENT FOR FISCAL YEAR 2022-23

IN CONNECTION WITH THE PALM SPRINGS TOURISM SMALL HOTEL BUSINESS IMPROVEMENT DISTRICT.”

2. B. 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:

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).”

1. Alternatively, adopt a Resolution entitled, “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).”

2. June 30, 2022 City Council Regular Meeting Agenda 8

C. PUBLIC HEARING AND ADOPTION OF THE FISCAL YEAR 2022-23

COMPREHENSIVE BUDGET, PALM SPRINGS COMMUNITY REDEVELOPMENT SUCCESSOR AGENCY BUDGET, 5-YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2023-2027, APPROPRIATIONS LIMIT AND ALLOCATED POSITIONS

AND COMPENSATION PLAN
RECOMMENDATION:

Amend the FY 2021-22 Budget to appropriate a transfer out of the General Fund, Fund Balance in the amount of $5 million to the Facilities Maintenance Fund, to cover costs associated with the reallocation of OBEP Liability.

1. Open the public hearing and accept public testimony on the Fiscal Year 2022–23 Budget.

2. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2022 – 2023; AND ADOPTING THE PUBLICLY AVAILABLE PAY SCHEDULES;”

3. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A BUDGET FOR FISCAL YEAR 2022 – 2023 AND SUCH OTHER MATTERS AS REQUIRED;”

4. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ACTING SOLELY IN ITS CAPACITY AS

THE SUCCESSOR AGENCY TO THE PALM SPRINGS COMMUNITY

REDEVELOPMENT AGENCY, APPROVING THE SUCCESSOR AGENCY BUDGET FOR FISCAL YEAR 2022 – 2023, AND OTHER SUCH MATTERS AS REQUIRED;”

5. Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AN APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022 – 2023 ENDING ON JUNE 30, 2023.”

6. Direct the City Manager and Director of Finance and Treasurer to make the appropriate modifications to the Budget and prepare the final budget document for Fiscal Year 2022-23.

7. 3. BUSINESS & LEGISLATIVE:

A. APPROVAL OF REQUEST FOR PROPOSALS 20-22 AND AUTHORIZATION TO

SOLICIT PROPOSALS FOR A STAFFING STUDY FOR THE PALM SPRINGS POLICE

DEPARTMENT
RECOMMENDATION:

Approve Request for Proposal 20-22 to advertise and solicit proposals for the staffing study for the Palm Springs Police Department.

1. Authorize the City Manager or his designee to execute all necessary documents.2.

B. REVIEW OF A MODIFIED FRANCHISE AGREEMENT FOR SOLID WASTE

COLLECTION SERVICES BETWEEN THE CITY OF PALM SPRINGS AND PALM

SPRINGS DISPOSAL SERVICE
RECOMMENDATION:

Discuss a proposed residential rate discount program for low-income residents and provide direction to Staff.

June 30, 2022 City Council Regular Meeting Agenda 9

C. INTRODUCTION OF AN ORDINANCE ENTITLED, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBDIVISION (H) TO SECTION 2.60.040 OF THE PALM SPRINGS MUNICIPAL CODE, REGARDING

DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF CERTAIN

NON-PROFIT BOARDS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE”
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SUBDIVISION (H) TO SECTION 2.60.040 OF THE PALM SPRINGS MUNICIPAL

CODE, REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING

MEMBERS OF CERTAIN NON-PROFIT BOARDS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE.”

2. D. REPORT ON THE CITY OF PALM SPRINGS LOCAL ROADS SAFETY PLAN, CITY PROJECT NO. 20-21
RECOMMENDATION:

Receive and file a report on the Local Roads Safety Plan for the City of Palm Springs.

E. REPORT OF THE CITY OF PALM SPRINGS PEDESTRIAN MASTER PLAN RECOMMENDATION:

Receive and file a report on the Pedestrian Plan for the City of Palm Springs.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT:

This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

June 30, 2022 City Council Regular Meeting Agenda 10

AFFIDAVIT OF POSTING
State of California )
County of Riverside ) ss.

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on
June 23, 2022, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

P U B L I C N O T I C E S

Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at
(760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

June 30, 2022 City Council Regular Meeting Agenda 11

CITY COUNCIL STAFF REPORT
06/30/2022

City Clerk -

SUBJECT
3:30 P.M. CLOSED SESSION
Attachments
2022-06-30 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, June 30, 2022 – 3:30 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference and there will be no in-person public access to the meeting location.

PUBLIC COMMENT PERIOD FOR CLOSED SESSION ITEMS ONLY
(Time limit is two minutes per person) The City Council welcomes public input. Pursuant to State law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). Please contact the City Clerk at 760-323-8204 to be added to the queue.

CONFERENCE WITH LEGAL COUNSEL The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.

MATTERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION G C. § 54956.9(d)(2)

Three (3) matters that, in the opinion of the City council on the advice of the City Attorney, based on existing facts and circumstance, there is significant exposure to litigation against the City.

Letter from Mimi Bradly, Walter Clark Legal Group, dated May 17, 2022, on behalf of Jesus R. and Victoria R. Magana

DISCUSSION TO CONSIDER INITIATION OF LITIGATION Gov’t Code § 54956.9(d)(1)

Under existing facts and circumstances, there are two (2) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Gov’t Code § 54957.6

Name of cases:

Zeferino Rodriguez v. City of Palm Springs, WCAB No. ADJ11763719 Friends of Mayor Frank Bogert v. City of Palm Springs, Riv. Ct. Case No. CVPS2201657

CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov’t Code § 54956.8

Property Description: 2990 E. Tahquitz Canyon Way (APN: 502-143-004) Palm Springs, CA
Agency: City of Palm Springs
City Negotiator: Justin Clifton, City Manager
Negotiating Parties: Tahquitz Housing Associates, LP
Under Negotiation: Price and Terms of Payment for Real Property Covenants

CITY COUNCIL STAFF REPORT
06/30/2022 1. A.

City Clerk -

SUBJECT

FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361
RECOMMENDATION:

Attachments
Item 1A

CITY COUNCIL STAFF REPORT

DATE: June 30, 2022 CONSENT CALENDAR

SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISS ION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

FROM: Justin Clifton, City Manager

BY: Monique Lomeli, Interim City Clerk

RECOMMENDATION:

BACKGROUND:

Governor Newsom’s Executive Orders N-29-20 and N-35-20, which relaxed some of the Brown Act’s teleconferencing provisions during the COVID -19 pandemic, expired on September 30, 2021. On September 16, 2021, Governor Newsom signed AB 361, which amends sections of the Brown Act to allow legislative bodies to more easily hold teleconference meetings during a state of emergency.

In order to utilize these provisions of the Brown Act, the City Council must find that it has considered the circumstances of the state of emergency, and either:

(1) state or local officials have imposed or recommended measures to promote social distancing as a result of the proclaimed state of emergency, or
(2) the state of emergency continues to directly impact the ability of the members to meet safely in person.

The City Council must make these findings every 30 days for as long as the City is conducting virtual meetings under AB 361.

City Staff and the City Attorney’s Office believe that these findings can be made. Although the Governor’s Executive Orders dealing with virtual meetings have expired, the original state of emergency for COVID -19 is still in effect. In addition, the California Department of Public Health (CDPH) and the County of Riverside continue to recommend social distancing as a result of the COVID-19 state of emergency.

Item 1A - 1
City Council Staff Report
June 30, 2022 -- Page 2
Virtual Meetings Under AB 361

As such, City S taff and the City Attorney recommend that the City Council make these findings, including at every Council meeting, in order to meet the “every 30 days ” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Monique M. Lomeli (Interim)
City Attorney: Jeffrey S. Ballinger
City Manager: Justin Clifton

Item 1A - 2

CITY COUNCIL STAFF REPORT
06/30/2022 1. B.

City Clerk -

SUBJECT

CONSIDERATION OF AUTHORIZING LETTERS OF OPPOSITION TO ASSEMBLY BILL NOS. 1778, 2237, AND 2438 TO THE SENATE COMMITTEE ON

TRANSPORTATION
RECOMMENDATION:

Authorize issuance of letters to the Senate Committee on Transportation in opposition to Assembly Bill Nos. 1778, 2237, and 2438 regarding the funding of transportation projects.

Attachments
Item 1B

CITY COUNCIL STAFF REPORT
DAT
E: JUNE 30, 2022 CONSENT CALENDAR
SUBJECT: CONSIDERATION OF AUTHORIZING LETTERS OF OPPOSITION TO ASSEMBLY BILL NOS. 1778, 2237, AND 2438 TO THE SENATE

COMMITTEE ON TRANSPORTATION
FROM: J
ustin Clifton, City Manager
BY: M onique M. Lomeli, Interim City Clerk
RECOMMENDATION:

Authorize issuance of letters to the Senate Committee on Transportation in opposition to Assembly Bill Nos. 1778, 2237, and 2438 regarding the funding of transportation projects.

BACKGROUND:

At the request of Mayor Middleton, the City Council is requested to consider whether to issue letters to the Senate Committee on Transportation in opposition to Assembly Bill No. 1778 – State Transportation Funding: Freeway Projects; Assembly Bill No. 2237 – Transportation Planning: Regional Transportation Improvement Plan; and Assembly Bill 2438 – Transportation Funding: Guidelines and Plans.

FISCAL IMPACT:

There is no fiscal impact as a result of issuing these letters.

REVIEWED BY:

Department Director: Monique Lomeli (Interim)
City Manager: Justin Clifton
ATTACHMENTS:

1. AB 1778 Text & Analysis

2. AB 1778 Letter

3. AB 2237 Text & Analysis

4. AB 2237 Letter

5. AB 2438 Text & Analysis

6. AB 2438 Letter
Item 1B - 1
ATT
ACHMENT 1
AB 1778 TEXT & ANALYSIS
Item 1B - 2
AMENDED IN SENATE JUNE 20, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 1778
Introduced by Assembly Member Cristina Garcia
(Coauthor: Assembly Member Lee)
February 3, 2022
An act to add Section 165.5 to the Streets and Highways Code, relating to transportation.
legislative counsel’s digest
AB 1778, as amended, Cristina Garcia. State transportation funding:
freeway projects: poverty and pollution: Department of Transportation.

Existing law establishes the Department of Transportation and vests the department with full possession and control of all state highways and all property and rights in property acquired for state highway purposes. Existing law authorizes the department to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided.

This bill would require the department to consult the California Healthy Places Index, as defined, as a condition of using state funds or personnel time to fund or permit freeway projects, as provided. The bill would require the department to analyze housing and environmental v
ariables indicators through the index, as provided, and would prohibit any state funds or personnel time from being used to fund or permit freeway projects in certain areas that fall within the zero to 50th 40th
97 Item 1B - 3
percentile on the housing and environmental v ariables indicators analyzed through the index, as provided.

V ote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 165.5 is added to the Streets and line 2 Highways Code , to read:
line 3 165.5. (a)  For purposes of this section, the following line 4 definitions apply:
line 5 (1) “California Healthy Places Index” means the online resource line 6 developed by the Public Health Alliance of Southern California line 7 to describe local factors that predict life expectancy and compare line 8 community conditions across the state.
line 9 (2) (A)  “Projects” means an
y of the following:
line 10 (A)
line 11 (i) Freeway widening projects.
line 12 (B)
line 13 (ii) Interchange expansion projects that would facilitate line 14 increased flo
ws of traffic to or from existing or future industrial
line 15 or warehouse facilities.
line 16 (C)
line 17 (iii) Freeway extensions or lengthening.
line 18 (D)
line 19 (iv) Displacement, of any kind, of residents, residences, housing, line 20 or businesses occurring due to free
way projects, whether temporary
line 21 or permanent.
line 22 (B) The following pr
oject types shall not count as “projects”
line 23 as defined in this para
graph and shall be exempt from this section:
line 24 (i) Pr
ojects that expand or provide a means for the expansion line 25 of multimodal transit services on a fr
eeway or within a freeway
line 26 right-of-way, such as express bus service on express lanes or line 27 high-occupancy vehicle lanes, or light rail.
line 28 (ii) A
uxiliary lanes no more than two miles in continuous length. line 29 (iii) Deployment of intelligent transportation technologies. line 30 (iv) Projects for the purpose of public safety or the repair of line 31 structurally deficient infr
astructure.
line 32 (3) “United States Census Demo
graphic Data Map Viewer”
line 33 means the online resour
ce developed by the United States Census
97 — 2 — AB 1778
Item 1B - 4
line 1 Bureau to provide population density and demographic data from line 2 the latest census.
line 3 (b)   Notwithstanding any other law, before undertaking any line 4 projects, and as a condition of using state funds or personnel time line 5 to fund or permit projects, the department shall consult the line 6 California Healthy Places Index. The department shall use the line 7 “create custom score” functionality latest version of the California line 8 Healthy Places Index and use the following v ariables indicators line 9 to obtain data results: the index percentile:
line 10 (1)   Housing: low-income homeowner severe housing cost line 11 burden.
line 12 (2)   Housing: low-income renter severe housing cost burden. line 13 (3)   Clean environment: clean air PM 2.5.
line 14 (4)   Clean environment: clean air diesel PM.
line 15 (c)  (1)  Notwithstanding an
y other law, the department shall not
line 16 use state funds or personnel time for projects, nor shall the line 17 department permit projects, if any single or adjacent census tract line 18 within or adjacent to bordering upon the project area footprint has line 19 a percentile score that falls within the zero to 50th 40th percentile line 20 score on the California Healthy Places Index, as calculated using line 21 the four v ariables indicators described in paragraphs (1) to (4), line 22 inclusive, of subdivision (b).
line 23 (2)  The prohibition in paragraph (1) only applies to a census line 24 tract with a population of 5,000 or more per square mile on the line 25 latest version of the United States Census Demographic Data Map line 26 Viewer.

O
97 AB 1778 — 3 —

Item 1B - 5

ANALYSIS
Item 1B - 6
AB 1778

Page 1 ends

ASSEMBLY THIRD READING
AB 1778 (Cristina Garcia)
As Amended March 24, 2022
Majority vote

SUMMARY
Prohibits state funds or personnel time from being used to fund or permit freeway projects, as specified, within or adjacent to census tracts that fall within the zero to 50th percentile on the "California Healthy Places Index" as calculated using certain housing and environmental variables.

Major Provisions
1) Defines "California Healthy Places Index" (HPI) as the online resource developed by the Public Health Alliance of Southern California to describe local factors that predict life expectancy and compare community conditions across the state. 2) Defines "projects" to mean any of the following, for the purposes of this bill:
a) Freeway widening projects;
b) Interchange expansion projects that would facilitate increased flows of traffic to or from existing or future industrial or warehouse facilities;
c) Freeway extensions or lengthening; and,
d) Displacement, of any kind, of residents, residences, housing, or businesses occurring due to freeway projects, whether temporary or permanent.
3) Requires the California Department of Transportation (Caltrans) to consult the HPI before undertaking any projects, and as a condition of using state funds or personnel time to fund or permit projects.
4) Requires Caltrans to use the "create custom score" functionality of the "California Healthy Places Index" and use the following variables to obtain data results:
a) Housing: low-income homeowner severe housing cost burden; b) Housing: low-income renter severe housing cost burden; c) Clean environment: clean air particulate matter (PM)2.5; and, d) Clean environment: clean air diesel PM.

COMMENTS
When President Eisenhower signed the Federal Aid Highway Act of 1956, the federal government provided 90% funding for the states to build an interstate highway system. This law provided the means to build freeways and connect cities separated by hundreds of miles.

Engineers, urban planners and city leaders were primarily interested in how quickly they could design and lay down 41,000 miles of asphalt for the envisioned interstate highway system.

Item 1B - 7
AB 1778

Page 2 ends

However, when these infrastructure decisions were made post-WWII, urban planners disproportionately, and sometimes purposefully, routed freeways through the neighborhoods where people of color lived or used these freeways to create boundary lines between white and Black communities. This resulted in many Black and Brown communities being torn apart by the freeways in the name of progress. The effects of these planning decisions still disproportionately affect communities of color today.

A recent study published in Science and funded by the United States Environmental Protection Agency, finds that racial-ethnic minorities in the United States are exposed to disproportionately high levels of ambient fine particulate air pollution (PM2.5), the largest environmental cause of human mortality. Quantifying the PM2.5 exposure caused by each emitter type, the report finds that nearly all major emission categories – consistently across states, urban and rural areas, income levels, and exposure levels – contribute to the systemic PM2.5 exposure disparity experienced by people of color.

Building on this study, a recent report conducted by the Union of Concerned Scientists finds that on average, African American, Latino, and Asian Californians are exposed to more PM2.5 pollution from cars, trucks, and buses than white Californians. These groups are exposed to PM2.5 pollution 43, 39, and 21% higher, respectively, than white Californians. Those living in Los Angeles County are exposed to 60% more vehicle pollution than the state average and 250% more than the San Francisco Bay Area.

Addressing inequities through environmental justice: There are three fundamental principles at the core of environmental justice as expressed in the Federal Highway Administration's Transportation Environmental Justice Case Studies publication and the FHWA Environmental Justice Website: 1) to avoid, minimize, or mitigate disproportionately high and adverse human health and environmental effects, including social and economic effects, on minority populations and low-income populations; 2) to ensure the full and fair participation by all potentially affected communities in the transportation decision-making process; and, 3) to prevent the denial of, reduction in, or significant delay in the receipt of benefits by minority and low-income populations.

The Biden Administration's Infrastructure Investment and Jobs Act (IIJA) makes clear that federal investments should revitalize cities and prioritize historically disadvantaged communities. In order for a project to be considered "shovel ready," projects must prioritize a comprehensive vision of what is in the best interests of all users, including those voices from stakeholders and communities previously ignored. Objectives include, but are not limited to; reconnecting freeway-separated neighborhoods; improving public health with cleaner air; capturing and scrubbing surface water runoff from highways; building affordable housing close to urban workplaces; improving local transit systems; and testing and adopting innovative transportation technologies.

At the state level, in order to fully integrate the goals and requirements of environmental justice into a project level California Environmental Protection Act (CEQA) review, discussion points such as local community involvement, equitable benefits, disproportionately high or adverse impacts, and increased traffic flow in low-income and minority communities must be included.

Volume IV of the Caltrans Environmental Handbook series provides guidance and procedures for assessing the impacts of proposed transportation projects on communities and neighborhoods, Item 1B - 8
AB 1778

Page 3 ends

and for achieving context sensitive solutions in the design of transportation projects. This guidance is intended to assist Caltrans' environmental personnel, consultants, and other transportation partners in completing the community impact assessment report or documentation; engaging the public and other stakeholders in the transportation planning process; avoiding, minimizing, or mitigating for adverse effects, and increasing project benefits.

What's needed and what's next: This bill requires Caltrans to use the Healthy Places Index (HPI) as an indicator for the use of state funds and personnel time on specified freeway projects. If a proposed project is in an area with an HPI score of 50 or below, this bill prohibits the project from moving forward. HPI is a project of the Public Health Alliance of Southern California, and has the endorsement of various local and state agencies, including the California Department of Public Health's (CDPH) Office of Health Equity. HPI uses 23 social indicators of health, and categorizes the indicators into economic, education, social, transportation, neighborhood, housing, clean environment, and healthcare access.

There are multiple freeway widening projects on-going, planned, or stalled in the author's district, including on Interstates 710, 5, and 605. It is clear that although environmental justice is a required consideration for state and local freeway projects, there is more to be done with regards to protecting the health of communities who live next to freeways. It is unclear what impact Caltrans' environmental justice considerations are having on projects decisions, and how to mitigate against the adverse effects of PM2.5. Caltrans has not engaged in this issue with the author's office or committee.

The author may wish to consider requiring Caltrans to strengthen current environmental justice planning processes, and identify the gap between required considerations and lived impacts on the community. The author may also wish to consider a role for OPR, as the agency charged with coordinating environmental justice programs for the state.

It is recommended the author specify the HPI Caltrans uses to be the most recent published index, and consider the role of the index generally. Concerns have been raised around the unintended consequences of the generalities in the bill, including the category of freeway widening projects, and which areas may be considered areas with high rates of pollution or poverty. Concerns have also been raised regarding the lack of exemptions and implementation timeline. It is recommended the author consider these concerns in the policy process moving forward.

According to the Author
"It is imperative that the resources, money and time, consumed by the discussion of freeway widening are reallocated to completing public transportation projects. This creates jobs and helps make communities healthier while keeping people in their homes. Freeway expansion projects are sold as a means to reduce congestion, however research shows us that they increase congestion by encouraging more driving, thus increasing harmful emission. Data also shows that these projects also tend to displace low-income communities of color who are already housing insecure. It is outrageous and feels criminal to use state resources to choke and displace communities like mine when the data and research clearly show that this practice is just another example of the systemic racism that is normalized in our policies and practices. Departments, Agencies, and officials like to use words like equity, now is the chance to put action behind this word to ensure communities like mine are at the forefront of these decisions, policies, and Item 1B - 9
AB 1778

Page 4 ends

practices. We can no longer allow state dollars to fund expansion projects that kill of us faster and displace us from our homes in the middle of a housing crisis".

Arguments in Support
The Leadership Counsel for Justice and Accountability writes "The lowest income households in California are located in areas where Particulate Matter less than 2.5 μm (PM2.5) levels are 10 times higher than the state average. In addition, freeway widening, and expansion projects require the acquisition of real property leading to the displacement of residents. Furthermore, studies show that widening freeways actually leads to increased car trips, traffic, and pollution.

AB 1778 makes it so that communities that are overburdened by tailpipe pollution and are housing burdened are at the forefront of the discussion for any project dealing with freeway widening and/or extensions."
Arguments in Opposition
The American Council of Engineering Companies writes, "While we understand your desire to provide some relief to communities experiencing California's worst air quality – frequently communities in and/or near our state's most heavily utilized freeway systems – AB 1778 would deprive these same communities of badly needed state highway dollars that could be used to alleviate the very congestion and freight corridor issues that contribute to the poor air quality experienced in these communities."

FISCAL COMMENTS
According to the Assembly Appropriations Committee:
1) Ongoing costs of an unknown amount, but potentially in the millions of dollars, to Caltrans to consult the California Healthy Places Index and assess projects' performance on the index. 2) Forgone of hundreds of millions of dollars in state transportation funds that would go to projects that do not meet the minimum index criteria, as prescribed in this bill.

VOTES
ASM TRANSPORTATION: 9-3-3
YES: Friedman, Berman, Gipson, Kalra, Lee, Medina, Nazarian, Ward, Wicks NO: Fong, Davies, Nguyen
ABS, ABST OR NV: Cunningham, Daly, O'Donnell

ASM APPROPRIATIONS: 12-4-0
YES: Holden, Bryan, Calderon, Carrillo, Mike Fong, Gabriel, Eduardo Garcia, Levine, Quirk, Robert Rivas, Akilah Weber, Wilson
NO: Bigelow, Megan Dahle, Davies, Fong

UPDATED
VERSION: March 24, 2022
CONSULTANT: Julia Kingsley / TRANS. / (916) 319-2093 FN: 0002724 Item 1B - 10

ATTACHMENT 2
AB 1778 – LETTER OF OPPOSITION
Item 1B - 11

Draft
June 30, 2022

The Honorable Lena A. Gonzalez
Chair, Senate Committee on Transportation
California State Senate
State Capitol, Room 405
Sacramento, California 95814

RE: Opposition to AB 1778 (Cristina Garcia)

Dear Chair Gonzalez:

On behalf of the City of Palm Springs, we write in opposition to AB 1778 (Cristina Garcia). As written, AB 1778 would prohibit state funds or personnel time from being used for the funding or permitting of specified freeway projects in areas that fall within the zero to 50th percentile on the housing and environmental variables analyzed through the California Healthy Places Index.

If implemented, this bill would impact projects slated for or currently in construction, many of which were developed for the safety and operational improvement of the state highway system. Completely eliminating highway widenings and interchange expansions as an option in disadvantaged communities would negatively impact their ability to utilize the state highway system to make ends meet, or access employment and education opportunities.

Transportation projects already undergo extensive and interactive environmental review and permitting processes to meet state and federal requirements. This process includes community engagement, public comment, and mitigation of any adverse impacts from a project. The City of Palm Springs strongly believes in collaboration, consensus, and local control in making regional transportation decisions.

The City of Palm Springs supports actions that reduce air pollution and provide mobility options for all communities across Riverside County and recognize efforts to address past transportation decisions that have instituted and perpetuated inequities, particularly to disadvantaged and low-income individuals and communities.

However, the City of Palm Springs fears that this bill may unintentionally harm the very individuals and communities it seeks to uplift. Divesting from the state highway system in suburban and rural areas where housing is more available and affordable, could harm disadvantaged and low -income communities that rely on the highway system t o get to jobs and education centers. This bill similarly fails to recognize the billions of dollars in state investments that would be needed to develop robust and reliable multimodal transit alternatives in these regions to place all communities on an equitable footing.

For these reasons, the City of Palm Springs opposes AB 1778. If you have any questions regarding AB 1778 and how it would impact our region, please contact Anne Mayer, Executive Director for the Riverside County Transportation Commission, at (951) 787-7141.

Sincerely,
Item 1B - 12

ATTACHMENT 3
AB 2237 TEXT & ANALYSIS
Item 1B - 13
AMENDED IN SENATE JUNE 13, 2022
AMENDED IN ASSEMBLY MAY 19, 2022
AMENDED IN ASSEMBLY APRIL 18, 2022
AMENDED IN ASSEMBLY MARCH 22, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2237
Introduced by Assembly Member Friedman
(Coauthor: Senator Allen)
February 16, 2022
An act to amend Section 65082 of, and to add Section 65082.5 to, the Government Code, and to add Section 168 to the Streets and Highways Code, relating to transportation planning. transportation. legislative counsel’s digest
AB 2237, as amended, Friedman. Transportation planning: regional transportation improvement plan: sustainable communities strategies:
climate goals.
alternative planning strategy: state transportation
funding.

Existing law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires each regional transportation plan to also include a sustainable communities strategy prepared by each metropolitan planning or
ganization.. organization in order to, among other things, achieve certain targets established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region for 2020 and 2035, respectively. Existing law, to

95 Item 1B - 14
the extent the sustainable communities strategy is unable to achieve the greenhouse gas emissions reduction targets, requires the affected metropolitan planning organization to prepare an alternative planning strategy showing how the targets may be achieved through alternative development patterns, infrastructure, or additional transportation measures or policies.

Existing law requires each regional transportation planning agency or county transportation commission to biennially adopt and submit to the California Transportation Commission and the Department of Transportation a 5-year regional transportation improvement program that includes, among other things, regional transportation improvement projects and programs proposed to be funded, in whole or in part, in the state transportation improvement program.

This bill would require that those projects and programs included in each regional transportation improvement program also be consistent with the most recently prepared sustainable communities strategy of the regional transportation planning agency or county transportation commission and the state’
s climate goals, as defined. The bill w ould
require each re gional transportation planning agenc y or county transportation commission to rank all transportation projects and prioritize projects based on adherence to its most recently adopted sustainable communities strategy and the state’s climate goals, prioritize funding and implementing projects in the order of prioritization, and submit the prioritized list to the state board and the California Transportation Commission. The bill would require the state board, in consultation with the commission, to determine whether those projects and programs are consistent with the sustainable communities strategy and the state’ s climate goals, and w ould prohibit a re gional transportation planning agenc y or county transportation commission from funding inconsistent projects or programs, as specified. commission, or, if applicable, the alternative planning strategy, and state and federal air quality standards. The bill would prohibit funds collected from any local transportation tax measure passed on or after January 1, 2023, from being spent until the transportation projects or programs to be funded by the tax measure are included in the most recently adopted sustainable communities strategy of the applicable regional transportation planning agency or county transportation commission or, if applicable, the alternative planning strategy. The bill would also prohibit the expenditure of funds from local tax measures that passed before January 1, 2023, but that exclusively provide for the 95 —
2 — AB 2237

Item 1B - 15
collection and expenditure of funds on or after January 1, 2023, until the transportation projects or programs to be funded by the tax measure are included in the most recently adopted sustainable communities strategy, or, if applicable, the alternative planning strategy.

The bill w
ould also require each re gional transportation planning agency or county transportation commission to submit a report on local transportation tax measures to the California Transportation Commission on or before March 30, 2023, as pro vided. The bill would require the commission, in consultation with the state board, to propose recommendations on alignment of local tax measures with the state’ s climate goals. The bill w ould require, to the e xtent permitted by the local tax measures, projects funded by local tax measures to be included in re gional transportation plans and to adhere to the most recently adopted sustainable communities strate gy of the applicable re gional transportation agenc y or county transportation commission and the state’s climate goals.

By imposing additional requirements on local government, including regional transportation planning agencies and county transportation commissions, this bill would impose a state-mandated local program.

Existing law authorizes the Department of Transportation to do any act necessary, convenient, or proper for the construction, improvement, maintenance, or use of all highways that are under its jurisdiction, possession, or control. Existing law requires the department to prepare and submit to the Governor a proposed budget, as provided.

This bill would prohibit state funds from being used for a project that increases single-occupancy vehicle capacity, unless the project is included in an adopted sustainable communities strategy, or, if applicable, alternative planning strategy, provides sufficient enforceable mitigation to ensure that including the project in the sustainable communities strategy or alternative planning strategy will not increase the emissions of greenhouse gases, and the metropolitan planning organization finds that the project helps advance other regional goals, as provided.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
95 AB 2237 —
3 —

Item 1B - 16
V ote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65082 of the Government Code is line 2 amended to read:
line 3 65082. (a)  For purposes of this section, the follo wing line 4 definitions apply: “regional transportation planning agency or line 5 county transportation commission” means a regional line 6 transportation planning agency or county transportation line 7 commission required to adopt and submit a regional transportation line 8 improvement program to the California Transportation line 9 Commission and the Department of Transportation pursuant to line 10 Section 14527.
line 11 (1)  “Regional transportation planning agenc y or county line 12 transportation commission” means a re gional transportation line 13 planning agenc y or county transportation commission required to line 14 adopt and submit a re gional transportation improvement program line 15 to the California Transportation Commission and the Department line 16 of Transportation pursuant to Section 14527.
line 17 (2)  “State’s climate goals” means the goals expressed in any of line 18 the follo wing:
line 19 (A)  Climate Action Plan for Transportation Infrastructure line 20 prepared by the Transportation Agency, including the guiding line 21 principles in the final draft as adopted by the Transportation line 22 Agency and endorsed by the California Transportation Commission line 23 in July 2021.
line 24 (B)  State and federal air quality standards set by the federal line 25 Clean Air Act (42 U.S.C. Sec. 7401 et seq.), including all state line 26 ambient air quality standards, as set forth in Section 70200 of Title line 27 17 of the California Code of Re gulations, and national ambient air line 28 quality standards, as established pursuant to Section 7409 of Title line 29 42 of the United States Code, in all areas of the state, as described line 30 in California’ s state implementation plans required by the federal line 31 Clean Air Act (42 U.S.C. Sec. 7401 et seq.).
line 32 (C)  Senate Bill 375 (Chapter 728 of the Statutes of 2008). line 33 (D)  Senate Bill 32 (Chapter 249 of the Statutes of 2016). line 34 (b)  (1)   Each regional transportation planning agency or county line 35 transportation commission shall prepare, adopt, and submit a 95 — 4 — AB 2237

Item 1B - 17
line 1 five-year regional transportation improvement program to the line 2 California Transportation Commission on or before December 15 line 3 of each odd-numbered year thereafter, updated every two years, line 4 pursuant to Sections 65080 and 65080.5 and the guidelines adopted line 5 pursuant to Section 14530.1, to include regional transportation line 6 improvement projects and programs it proposes to be funded, in line 7 whole or in part, in the state transportation improvement program line 8 and that are consistent with its most recently prepared sustainable line 9 communities strate gy and the state’s climate goals. strategy, or, if line 10 required by subparagraph (I) of paragraph (2) of subdivision (b) line 11 of Section 65080, alternative planning strategy, and the state and line 12 federal air quality standards set by the federal Clean Air Act (42 line 13 U.S.C. Sec. 7401 et seq.).
line 14 (2)   Major projects shall include current costs updated as of line 15 November 1 of the year of submittal and escalated to the line 16 appropriate year, and be listed by relative priority, taking into line 17 account need, delivery milestone dates, and the availability of line 18 funding.
line 19 (c)  Except for those counties that do not prepare a congestion line 20 management program pursuant to Section 65088.3, congestion line 21 management programs adopted pursuant to Section 65089 shall line 22 be incorporated into the regional transportation improvement line 23 program submitted to the commission by December 15 of each line 24 odd-numbered year.
line 25 (d)   Local projects not included in a congestion management line 26 program shall not be included in the regional transportation line 27 improvement program. Projects and programs adopted pursuant line 28 to subdivision (b) shall be consistent with the capital improvement line 29 program adopted pursuant to paragraph (5) of subdivision (b) of line 30 Section 65089, and the guidelines adopted pursuant to Section line 31 14530.1.
line 32 (e)  Other projects may be included in the regional transportation line 33 improvement program if listed separately.
line 34 (f)   Unless a county not containing urbanized areas of over line 35 50,000 population notifies the Department of Transportation by line 36 July 1 that it intends to prepare a regional transportation line 37 improvement program for that county, the department shall, in line 38 consultation with the affected local agencies, prepare the program line 39 for all counties for which it prepares a regional transportation plan. 95 AB 2237 — 5 —

Item 1B - 18
line 1 (g)  The requirements for incorporating a congestion management line 2 program into a regional transportation improvement program line 3 specified in this section do not apply in those counties that do not line 4 prepare a congestion management program in accordance with line 5 Section 65088.3.
line 6 (h)   The regional transportation improvement program may line 7 include a reserve of county shares for providing funds in order to line 8 match federal funds.
line 9 SEC. 2. Section 65082.5 is added to the Government Code, to line 10 read:
line 11 65082.5. (a)  For purposes of this section, the follo wing line 12 definitions apply: “regional transportation planning agency or line 13 county transportation commission” has the same meaning as line 14 defined in Section 65082.
line 15 (1)  “Regional transportation planning agenc y or county line 16 transportation commission” has the same meaning as defined in line 17 Section 65082.
line 18 (2)  “State’s climate goals” has the same meaning as defined in line 19 Section 65082.
line 20 (b)  (1)  Each regional transportation planning agency or county line 21 transportation commission shall rank all transportation projects line 22 and prioritize projects based on their adherence to its most recently line 23 adopted sustainable communities strate gy and the state’s climate line 24 goals. Rank ed projects shall accelerate sustainable communities line 25 strate gies implementation and shall not induce v ehicle miles line 26 tra veled. Each regional transportation planning agency or county line 27 transportation commission shall fund and implement projects in line 28 the order of prioritization.
line 29 (2)  Each re gional transportation planning agenc y or county line 30 transportation commission shall submit the prioritized list line 31 de veloped pursuant to paragraph (1) to the State Air Resources line 32 Board and the California Transportation Commission. This line 33 prioritized list shall be due according to the same timeline as the line 34 applicable sustainable communities strategy described in paragraph line 35 (2) of subdi vision (b) of Section 65080.
line 36 (c)  Upon receiving a list submitted pursuant to subdivision (b), line 37 the State Air Resources Board, in consultation with the California line 38 T ransportation Commission, shall determine whether each project line 39 is consistent with the most recently adopted sustainable line 40 communities strate gy of the re gional transportation planning 95 — 6 — AB 2237

Item 1B - 19
line 1 agency or county transportation commission and the state’s climate line 2 goals.
line 3 (d)  (1)  Each regional transportation planning agency or county line 4 transportation commission shall submit a report on local line 5 transportation tax measures to the California Transportation line 6 Commission on or before March 30, 2023. This report shall include line 7 all of the follo wing information:
line 8 (A)  The text of the local transportation tax measure. line 9 (B)  A description of whether the local transportation tax measure line 10 aligns with the most recently adopted sustainable communities line 11 strate gy and the state’s climate goals.
line 12 (C)  A description of the transportation projects funded by the line 13 local transportation tax measure.
line 14 (D)  A timeline of the transportation projects, including when line 15 the y were passed and when they will expire.
line 16 (2)  The California Transportation Commission, in consultation line 17 with the State Air Resources Board, shall conduct an analysis and line 18 propose recommendations on alignment of local tax measures with line 19 the state’ s climate goals.
line 20 (e)  Projects funded by local tax measures shall, to the e xtent line 21 permitted by the terms of the local tax measures, be included in line 22 the re gional transportation plans prepared pursuant to Section line 23 65080 and adhere to the most recently adopted sustainable line 24 communities strate gy of the applicable re gional transportation line 25 agency or county transportation commission and the state’s climate line 26 goals.
line 27 (f)  Regional transportation planning agencies or county line 28 transportation commissions that appro ve projects that adhere to line 29 their most recently adopted sustainable communities strate gies line 30 and the state’ s climate goals shall, upon appropriation by the line 31 Le gislature, recei ve additional funds from surplus state line 32 transportation funds and federal funds.
line 33 (g)  A re gional transportation planning agenc y or county line 34 transportation commission shall not fund a project or program line 35 determined to be inconsistent with its most recently adopted line 36 sustainable communities strate gy or the state’ s climate goals line 37 pursuant to subdi vision (c).
line 38 (b)  (1)  Funds collected from any local transportation tax line 39 measure passed on or after January 1, 2023, shall not be spent line 40 until the transportation projects or programs to be funded by the 95 AB 2237 — 7 —

Item 1B - 20
line 1 tax measure are included in the most recently adopted sustainable line 2 communities strategy, or, if required by subparagraph (K) of line 3 paragraph (2) of subdivision (b) of Section 65080, the alternative line 4 planning strategy, of the applicable regional transportation line 5 planning agency or county transportation commission. line 6 (2)  If a local tax measure is passed before January 1, 2023, but line 7 the entirety of the collection and expenditure of funds for the line 8 projects related to that tax measure is scheduled to occur on or line 9 after January 1, 2023, then those funds collected from that tax line 10 measure shall not be spent until the transportation projects or line 11 programs to be funded by the tax measure are included in the most line 12 recently adopted sustainable communities strategy, or, if required line 13 by subparagraph (K) of paragraph (2) of subdivision (b) of Section line 14 65080, the alternative planning strategy, of the applicable regional line 15 transportation planning agency or county transportation line 16 commission.
line 17 SEC. 3. Section 168 is added to the Str
eets and Highways Code,
line 18 to read:
line 19 168. (a)  The state shall not use state funds from any source line 20 for any project that increases single-occupancy vehicle capacity, line 21 unless all of the following occur:
line 22 (1)  The project is included in an adopted sustainable line 23 communities strategy described in Section 65080 of the line 24 Government Code, or, if required by subparagraph (I) of line 25 paragraph (2) of subdivision (b) of Section 65080 of the line 26 Government Code, alternative planning strategy. line 27 (2)  The project provides sufficient enforceable mitigation to line 28 ensure that including the project in the sustainable communities line 29 strategy or, if applicable, alternative planning strategy will not line 30 increase emissions of greenhouse gases.
line 31 (3)  The metropolitan planning organization that developed the line 32 sustainable communities strategy or, if applicable, the alternative line 33 planning strategy, makes findings that the project helps advance line 34 other regional goals, including, but not limited to, safety, freight line 35 travel, maintenance, or equity.
line 36 (b)  Nothing in this section shall alter or change the requirements line 37 of Senate Bill 1 of the 2017–18 Regular Session. line 38 SEC. 3.
line 39 SEC. 4. If the Commission on State Mandates determines that line 40 this act contains costs mandated by the state, reimbursement to 95 — 8 — AB 2237

Item 1B - 21
line 1 local agencies and school districts for those costs shall be made line 2 pursuant to Part 7 (commencing with Section 17500) of Division line 3 4 of Title 2 of the Government Code.

O
95 AB 2237 — 9 —

Item 1B - 22

ANALYSIS
Item 1B - 23
AB 2237

Page 1 ends

ASSEMBLY THIRD READING
AB 2237 (Friedman)
As Amended May 19, 2022
Majority vote

SUMMARY
Conditions state and local transportation funding on a project's consistency with the applicable Sustainable Communities Strategy (SCS) and state climate goals, as defined.

Major Provisions
1) Requires each regional transportation improvement plan submitted to the county transportation commission (CTC) by a regional agency or county commission to include projects and programs that are consistent with its most recently prepared SCS and the state's climate goals, as defined.
2) Requires each regional agency or county commission to rank all transportation projects and prioritize projects based on their adherence to its most recently adopted SCS and the state's climate goals. Requires ranked projects to accelerate SCS implementation and not induce vehicle miles traveled (VMT). Each regional agency or county commission shall fund and implement projects in the order of prioritization.
3) Requires each regional agency or county commission to submit its prioritized list to ARB and the CTC, according to the same timeline as the applicable SCS. 4) Requires the Air Resources Board (ARB), in consultation with the CTC, to determine whether each project is consistent with the most recently adopted SCS and the state's climate goals.
5) Requires each regional agency or county commission to submit a report on local transportation tax measures to the CTC on or before March 30, 2023, including all of the following information:
a) The text of the local measure.
b) A description of whether the local measure aligns with the most recently adopted SCS and the state's climate goals.
c) A description of the transportation projects funded by the local measure. d) A timeline of the transportation projects, including when they were passed and when they will expire.
6) Requires the CTC, in consultation with ARB, to conduct an analysis and propose recommendations to align local tax measures with the state's climate goals. 7) Requires projects funded by local tax measures to be included in regional transportation plans and adhere to the most recently adopted applicable SCS and the state's climate goals.

Item 1B - 24
AB 2237

Page 2 ends

8) Requires regional agencies or county commissions that approve projects that adhere to their most recently adopted SCS and the state's climate goals to receive additional funds from surplus state transportation funds and federal funds, upon appropriation by the Legislature. 9) Prohibits a regional agency or county commission from funding a project or program determined to be inconsistent with its most recently adopted SCS or the state's climate goals by ARB.
10) Defines "state's climate goals" as the goals expressed in any of the following:
a) Climate Action Plan for Transportation Infrastructure prepared by the Transportation Agency, including the guiding principles in the final draft as adopted by the Transportation Agency and endorsed by the CTC in July 2021. b) State and federal air quality standards set by the federal Clean Air Act, including all state ambient air quality standards and national ambient air quality standards in all areas of the state.
c) Senate Bill 375 (Steinberg), Chapter 728 of the Statutes of 2008. d) Senate Bill 32 (Pavley), Chapter 249 of the Statutes of 2016.

COMMENTS
MPOs are federally-mandated regional transportation agencies responsible for programming transportation investments in California's urban areas. SB 375 (Steinberg) requires that each MPO develop, in conjunction with its periodically updated RTP, a SCS, which is a projected "development pattern ... [that, when] integrated with the transportation network, and other transportation measures and policies," and is designed to achieve specific per capita GHG reduction targets set by ARB for automobiles and light trucks over the duration of the RTP/SCS.

SB 375 further requires that RTP/SCSs be consistent with local government land use plans for accommodating housing at all income levels, required under the state's Regional Housing Needs Assessment (RHNA) process.

MPOs provide a planning interface for transportation programs and investments initiated by multiple sources. MPOs coordinate, in their periodically updated long-range (20+ year) RTP and associated shorter-range transportation investment plans (TIP), multiple projects funded by federal, state, and local agencies. MPOs must make their long-range RTPs consistent with their short-range (four-year) TIPs, and with local eight-year RHNA plans.

The main incentive to ensure local compliance with RTP/SCS land use strategies, and achieve GHG reduction, is some streamlining of environmental review required under the California Environmental Quality Act (CEQA) for development projects deemed to be consistent with RTP/SCS goals. A survey conducted in 2016 by the Governor's Office of Planning and Research (OPR) found that less than 5% of responding localities had made use of the primary CEQA streamlining provision in SB 375, called a Sustainable Communities Environmental Assessment.

Despite the intent of SCSs to reduce GHG production, the changes in local planning and project delivery have been mainly incremental, for a myriad of reasons.

Item 1B - 25
AB 2237

Page 3 ends

Recent studies have begun to identify disconnections between MPO authority, land use, and achieving the state's GHG emission reduction goals. In a report to the Legislature in 2018, ARB concluded that "California is not on track to meet GHG reductions expected under SB 375," with a particularly worrisome trend being an observed rise in VMT and associated GHGs from cars and light trucks starting after 2013.

The Strategic Growth Council's report required by AB 285 (Friedman), Chapter 605, Statutes of 2019, includes a series of white papers prepared by UC Institute for Transportation Studies (ITS). "MPO Planning and Implementation of State Policy Goals," includes an analysis of the most-recent adopted RTP/SCSs, which indicates that most MPO plans allocate more funds toward roadways than transit, but most allocate more roadway funding toward maintenance and operations than new facilities.

One key conclusion causing SCS misalignment, stated at the local and state level, is that MPOs cannot mandate local land use policy changes, and they have only limited discretion for initiating transportation projects, most of which are controlled by other levels of government, with the MPO role being to coordinate and prioritize project spending within regions.

Another similar study of transportation funding streams in California concluded that decision- making "happens at multiple, often uncoordinated levels, without requirement that those dollars are spent to align with AB 32 or SB 375 implementation." MPOs are working towards more stringent GHG reduction targets, yet they have no choice but to bank on more ambitious state and local action to be able to achieve these more ambitious mandated goals, even though they cannot ensure that desired policies will actually be implemented.

According to the Author
"California can no longer wait to take bold action to reduce GHGs from the single largest sector of emissions, cars and light trucks. With emissions from the transportation sector continuing to rise despite increases in fuel efficiency and decreases in the carbon content of fuel, California will not achieve the necessary greenhouse gas emissions reductions without significant changes to how communities and transportation systems are planned, funded, and built. AB 2237 will make real changes to improve the sustainability of California's communities." Arguments in Support
The Coalition for Clean Air states, "Coalition for Clean Air supports AB 2237 because it would reinvigorate California's efforts to shape sustainable communities that offer clean mobility to our residents. AB 2237, drawing on the Strategic Growth Council's California Transportation Assessment Report, pursuant to AB 285 (Friedman, 2019), would help Metropolitan Planning Organizations (MPOs) to reach their greenhouse gas emission reduction targets, set by the Air Resources Board (ARB), and stay consistent with their adopted sustainable community strategies (SCS) and the state's climate standards."
Arguments in Opposition
The Coalition for Clean Air states, "Coalition for Clean Air supports AB 2237 because it would reinvigorate California's efforts to shape sustainable communities that offer clean mobility to our residents. AB 2237, drawing on the Strategic Growth Council's California Transportation Assessment Report, pursuant to AB 285 (Friedman, 2019), would help Metropolitan Planning Organizations (MPOs) to reach their greenhouse gas emission reduction targets, set by the Air Resources Board (ARB), and stay consistent with their adopted sustainable community strategies (SCS) and the state's climate standards."
Item 1B - 26
AB 2237

Page 4 ends

FISCAL COMMENTS
According to the Assembly Appropriations Committee:
1) Costs of an unknown, but significant amount, likely in the low-to-mid hundreds of thousands of dollars to ARB to review and assess projects and tax measures, as well as analyze equity impacts.
2) CTC estimates needing $239,000 per year, for two years, for one limited-term position to collect and analyze local sales tax information and develop recommendations. CTC would also face minor and absorbable ongoing staff costs to provide consultations to ARB determining the consistency of projects with state climate goals.

VOTES
ASM TRANSPORTATION: 8-4-3
YES: Friedman, Berman, Kalra, Lee, Bloom, Nazarian, Ward, Wicks NO: Fong, Cunningham, Davies, Nguyen
ABS, ABST OR NV: Daly, Gipson, O'Donnell

ASM NATURAL RESOURCES: 7-3-1
YES: Friedman, Cristina Garcia, Reyes, Muratsuchi, Stone, Wood, Boerner Horvath NO: Flora, Mathis, Seyarto
ABS, ABST OR NV: Luz Rivas

ASM APPROPRIATIONS: 12-4-0
YES: Holden, Bryan, Calderon, Carrillo, Mike Fong, Gabriel, Eduardo Garcia, Levine, Quirk, Robert Rivas, Akilah Weber, Wilson
NO: Bigelow, Megan Dahle, Davies, Fong

UPDATED
VERSION: May 19, 2022
CONSULTANT: Julia Kingsley / TRANS. / (916) 319-2093 FN: 0002897 Item 1B - 27

ATTACHMENT 4
AB 2237 – LETTER OF OPPOSITION
Item 1B - 28

Draft
June 30, 2022

The Honorable Lena A. Gonzalez
Chair, Senate Committee on Transportation
California State Senate
State Capitol, Room 405
Sacramento, California 95814

RE: Opposition to AB 2237 (Freidman), as Amended on April 18, 2022

Dear Chair Gonzalez:

On behalf of the City of Palm Springs, we write in opposition to AB 2237 (Friedman). The City of Palm Springs recognizes the state’s intention to secure an equitable and climate -resilient future, including for residents in Riverside County. For decades, the City of Palm Springs, as a member of the Riverside County Transportation Commission ( RCTC) has supported local investments in all modes of transportation to reduce traffic congestion and offer mobility choices —and has done so in a manner that preserves the region’s natural habitat via the Riverside County Integrated Project. Actions like these can be accomplished because we have the flexibility to be responsive to our community ’s needs while also achieving regional transportation and environmental goals.

The City of Palm Springs takes exception to two significant issues in this bill:

1. Constraints placed on voter-approved transportation sales tax measures; and

2. Prohibiting projects inconsistent with the Climate Action Plan for Transportation Infrastructure (CAPTI) from being funded.

AB 2237 fails to recognize the depth of funding s elf-help counties, like Riverside County, have already invested in all modes of transportation despite the State’s historical lack of funding re sources until the implementation of Senate Bill 1. The City of Palm Springs supports improving air quality and providing safe and efficient walking, biking, and transit access in our region. Riverside County residents approved in 1988 and again in 2002 Measure A, a half-cent sale tax that funds improvements for all transportation modes, including highways, commuter rail, public transit, rideshare programs, complete streets, and even habitat conservation. Projects funded with Measure A not only provide operational improvements to the state highway system and multi -modal transit alternatives, but also funds local transportation projects that provides substantial benefits to our communities. While it has taken decades to deliver some of these projects due to insufficient state and federal funding and cumbersome regulatory approval processes , their need in our communities has not changed, even as the State’s policies have. As a member of RCTC, we committed to our residents, based on their vote to support this Measure, to get the job done.

AB 2237 would reduce the local voice on mobility improvements by requiring new oversight by the California Air Resources Board and the California Transportatio n Commission on regional transportation plans. This action is unnecessary, overly bureaucratic, and could eliminate local officials’ ability to respond to the needs of its communities. Regionally significant projects, like the ones included in voter-approved transportation sales tax measures, are already taken into account in regional transportation plans (RTP) and sustainable communities strategies (SCS). The SCS is designed to facilitate the delivery of a suite of Item 1B - 29
projects that meet the varying mobility n eeds of each community and provide balance to the types of projects that are delivered.

The City of Palm Springs disagrees with the bill’s requirement that projects found to be inconsistent with CAPTI, SCS, and other climate and air quality goals, should not be funded. While CAPTI will influence the modes of projects RCTC can deliver for our communities in the future, it should not be used to eliminate planned projects. The State should allow local transportation agencies the flexibility to adjust according to the needs of its residents to ensure a just transition to an even more robust multimodal transportation system.

The City of Palm Springs is interested in turning the page toward innovative, sustainable transportation solutions that are accessible, equitable, and inclusive. But inequities look different from community to community and from region to region. We must work together if the state’s climate goals are going to be achieved. Still, the State must provide its own funding for regions like Rivers ide County — not just in coastal urban centers that are already built out — before a comprehensive review of pipeline projects can be considered. AB 2237 would deny under -resourced regions and their disadvantaged communities of a just transition to a climate -resilient future because many communities do not have the funding, infrastructure, or available space to eliminate roadway usage on command.

For these reasons, the City of Palm Springs opposes AB 2237. If you have any questions regarding AB 2237 and how it would impact our region, please contact Anne Mayer, Executive Director for the Riverside County Transportation Commission, at (951) 787-7141.

Sincerely,

Item 1B - 30

ATTACHMENT 5
AB 2438 TEXT & ANALYSIS
Item 1B - 31
AMENDED IN SENATE JUNE 16, 2022
AMENDED IN ASSEMBLY MARCH 21, 2022
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2438
Introduced by Assembly Member Friedman
February 17, 2022
An act to amend Sections 14526.4, 14526.5, 14529, 14530.1, 14530.1 and 65072 of, and to add and repeal Section 13978.7 of, Sections 13985, 14011.5, and 14524.5 to, the Government Code, and to amend Sections 164.6, 2033, 2034, 2192, 2394, 2391, and 2396 of, and to add Section 2103.5 to, of the Streets and Highways Code, relating to transportation. legislative counsel’s digest
AB 2438, as amended, Friedman. Transportation funding: alignment with state plans and greenhouse g as emissions reduction standards. guidelines and plans.
(1) Existing law provides for the funding of projects on the state highway system and other transportation improvements, including under the state
interregional transportation improvement program, the state highway operation and protection program, the Solutions for Congested Corridors Program, the Trade Corridor Enhancement Program, and the program within the Road Maintenance and Rehabilitation Program commonly known as the Local Partnership Program.

This bill would require the agencies that administer those programs to revise the guidelines or plans applicable to those programs to ensure that projects included in the applicable program align with the California Transportation Plan, the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency, and specified

97 Item 1B - 32
greenhouse gas emissions reduction standards. require, no later than January 1, 2024, the guidelines or plans applicable to those programs to include the strategies established in the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency.

The bill would also require the Transportation Agency, the California Transportation Commission, and the Department of Transportation, no later than January 1, 2024, to each establish guidelines to ensure transparency and accountability for the transportation funding programs that they respectively administer and for the project selection processes applicable to those programs. The bill would require those guidelines to meet certain requirements and would require those agencies to hold public workshops to solicit input before establishing the guidelines.

The bill w
ould require the Transportation Agency, the Department
of Transportation, and the California Transportation Commission, in consultation with the State Air Resources Board and the Strate gic Growth Council, to jointly prepare and submit a report to the Legislature on or before January 1, 2025, that comprehensi vely ree valuates transportation program funding levels, projects, and eligibility criteria with the objecti ve of aligning the lar gest funding programs with the goals set forth in the above-described plans and away from projects that increase vehicle capacity.
(2) Existing law provides for the apportionment of funding to cities and counties, including under the program within the Road Maintenance and Rehabilitation Program commonly known as the Local Streets and Roads Program, for local streets and roads and other transportation improvements.

This bill would require funds apportioned to cities or counties under the Local Streets and Roads Program to be e xpended consistent with the California Transportation Plan, the Climate Action Plan for Transportation Infrastructure adopted by the Transportation Agency, and specified greenhouse g as emissions reduction standards. The bill would also e xpress Legislative intent that other funds apportioned to cities and counties for these purposes be expended consistent with those plans and standards.

The bill, with regard to the Solutions for Congested Corridors Program, would require a project that receives funding under the program to be part of a comprehensive multimodal corridor plan rather than a comprehensive corridor plan.
(3)
97 — 2 — AB 2438

Item 1B - 33
(2) Existing law requires the Department of Transportation to prepare the California Transportation Plan for submission to the Governor and the Legislature, to complete the 3rd update to the plan by December 31, 2025, and to update the plan every 5 years thereafter, as a long-range planning document that incorporates various elements and is consistent with specified expressions of legislative intent.

This bill would also require the California Transportation Plan to include a financial element that summarizes the full cost of plan implementation constrained by a realistic projection of a vailable
revenues. The bill would require the financial element to also contain recommendations for allocation of funds. implementation, a summary of available revenues through the planning period, and an analysis of what is feasible within the plan if constrained by a realistic projection of available revenues.

V ote: majority.

Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1
SECTION 1. Section 13978.7 is added to the Government
line 2 Code , to read:
line 3 13978.7. (a) (1) The agenc y, the Department of line 4 T ransportation, and the California Transportation Commission, in line 5 consultation with the State Air Resources Board and the Strategic line 6 Gro wth Council, shall jointly prepare and submit a report to the line 7 Le gislature on or before January 1, 2025, that comprehensi vely line 8 ree valuates transportation program funding le vels, projects, and line 9 eligibility criteria with the objective of aligning the largest funding line 10 programs with the goals set forth in the Climate Action Plan for line 11 T ransportation Infrastructure adopted by the agenc y and the line 12 California Transportation Plan updated pursuant to Chapter 2.3 line 13 (commencing with Section 65070) of Di vision 1 of Title 7 and line 14 a way from projects that increase vehicle capacity. line 15 (2) The report shall identify statutory changes that need to be line 16 enacted to accomplish the objecti ve described in paragraph (1) line 17 and changes that can be accomplished through state agenc y action line 18 without statutory changes.
line 19 (b) (1) A report to be submitted pursuant to subdi vision (a) line 20 shall be submitted in compliance with Section 9795. 97 AB 2438 — 3 —

Item 1B - 34
line 1 (2)   Pursuant to Section 10231.5, this section is repealed on line 2 January 1, 2029.
line 3 SEC. 2. Section 14526.4 of the Government Code is amended line 4 to read:
line 5 14526.4. (a)  The department, in consultation with the line 6 commission, shall prepare a robust asset management plan to guide line 7 selection of projects for the state highway operation and protection line 8 program required by Section 14526.5. The asset management plan line 9 shall be consistent with an y applicable state and federal line 10 requirements.
line 11 (b)   The department may prepare the asset management plan in line 12 phases, with the first phase to be implemented with the 2016 state line 13 highway operation and protection program, and the complete asset line 14 management plan to be prepared no later than the 2020 state line 15 highw ay operation and protection program.
line 16 (c)   The department shall prepare re visions to the asset line 17 management plan to ensure that a project selected for the state line 18 highw ay operation and protection program and the complete line 19 program of projects selected for the state highw ay operation and line 20 protection program align with all of the follo wing:
line 21 (1)   The California Transportation Plan updated pursuant to line 22 Chapter 2.3 (commencing with Section 65070) of Di vision 1 of line 23 T itle 7.
line 24 (2)   The Climate Action Plan for Transportation Infrastructure line 25 adopted by the Transportation Agency.
line 26 (3)   The greenhouse gas emissions reduction standards set forth line 27 in the California Global Warming Solutions Act of 2006 (Division line 28 25.5 (commencing with Section 38550) of the Health and Safety line 29 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008). line 30 (d)   In connection with the asset management plan, the line 31 commission shall do both of the follo wing:
line 32 (1)   Adopt tar gets and performance measures reflecting state line 33 transportation goals and objecti ves.
line 34 (2)   Review and approve the asset management plan, including line 35 the final v ersion of the first phase, the complete plan prepared by line 36 the department pursuant to subdi vision (b), and the re visions line 37 prepared by the department pursuant to subdi vision (c). line 38 (e)   As used in this section, “asset management plan” means a line 39 document assessing the health and condition of the state highw ay 97 — 4 — AB 2438

Item 1B - 35
line 1 system with which the department is able to determine the most line 2 ef fective way to apply the state’s limited resources. line 3 SEC. 3. Section 14526.5 of the Government Code is amended line 4 to read:
line 5 14526.5. (a)  Based on the asset management plan prepared line 6 and appro ved pursuant to Section 14526.4, the department shall line 7 prepare a state highw ay operation and protection program for the line 8 expenditure of transportation funds for major capital improvements line 9 that are necessary to preserve and protect the state highway system. line 10 Projects included in the program shall be limited to impro vements line 11 relati ve to the maintenance, safety , operation, and rehabilitation line 12 of state highw ays and bridges that do not add a new traffic lane to line 13 the system. A project may only be included in the state highw ay line 14 operation and protection program if it is consistent with the line 15 guidelines adopted pursuant to subdi vision (c) of Section 14526.4. line 16 (b)   The program shall include projects that are e xpected to be line 17 adv ertised prior to July 1 of the year following submission of the line 18 program, b ut that ha ve not yet been funded. The program shall line 19 include those projects for which construction is to be gin within line 20 four fiscal years, starting July 1 of the year follo wing the year the line 21 program is submitted.
line 22 (c)   (1)  The department, at a minimum, shall specify , for each line 23 project in the state highw ay operation and protection program, the line 24 capital and support budget, as applicable, for each of the following line 25 project phases:
line 26 (A)   Project appro val and en vironmental documents, support line 27 only .
line 28 (B)   Plans, specifications, and estimates, support only. line 29 (C)   Rights-of-way.
line 30 (D)   Construction.
line 31 (2)   The department shall specify , for each project in the state line 32 highw ay operation and protection program, a projected deli very line 33 date for each of the follo wing components:
line 34 (A)   Project approval and environmental document completion. line 35 (B)   Plans, specifications, and estimates completion. line 36 (C)   Right-of-way certification.
line 37 (D)   Start of construction.
line 38 (d)   The department shall submit its proposed program to the line 39 commission not later than January 31 of each even-numbered year. line 40 Prior to submitting its proposed program, the department shall 97 AB 2438 — 5 —

Item 1B - 36
line 1 mak e a draft of its proposed program a vailable to transportation line 2 planning agencies for re view and comment and shall include the line 3 comments in its submittal to the commission. The department shall line 4 pro vide the commission with detailed information for all line 5 programmed projects on cost, scope, schedule, and performance line 6 metrics as determined by the commission.
line 7 (e)   The commission shall review the proposed program relative line 8 to its o verall adequacy, consistency with the asset management line 9 plan prepared and appro ved pursuant to Section 14526.4 and line 10 funding priorities established in Section 167 of the Streets and line 11 Highw ays Code, the level of annual funding needed to implement line 12 the program, and the impact of those e xpenditures on the state line 13 transportation improvement program. The commission shall adopt line 14 the program and submit it to the Le gislature and the Governor not line 15 later than April 1 of each e ven-numbered year. The commission line 16 may decline to adopt the program if the commission determines line 17 that the program is not sufficiently consistent with the asset line 18 management plan prepared and appro ved pursuant to Section line 19 14526.4.
line 20 (f)   As part of the commission’s review of the program required line 21 pursuant to subdi vision (a), the commission shall hold at least one line 22 hearing in northern California and one hearing in southern line 23 California re garding the proposed program.
line 24 (g)  On or after July 1, 2017, to provide sufficient and transparent line 25 o versight of the department’ s capital outlay support resources line 26 composed of both state staf f and contractors, the commission shall line 27 be required to allocate the department’ s capital outlay support line 28 resources by project phase, including preconstruction. Through line 29 this action, the commission will pro vide public transparency for line 30 the department’ s budget estimates by increasing assurance that the line 31 annual budget forecast is reasonable. The commission shall develop line 32 guidelines, in consultation with the department, to implement this line 33 subdi vision. Guidelines adopted by the commission to implement line 34 this subdivision shall be exempt from the Administrative Procedure line 35 Act (Chapter 3.5 (commencing with Section 11340) of P art 1). line 36 (h)   Beginning July 1, 2017, for a project that e xperiences line 37 increases in capital or support costs abo ve the amounts in the line 38 commission’ s allocation pursuant to subdi vision (g), the line 39 commission shall establish a threshold for requiring a supplemental line 40 project allocation. The commission’s guidelines adopted pursuant 97 — 6 — AB 2438

Item 1B - 37
line 1 to subdi vision (g) shall also establish the threshold that the line 2 commission determines is necessary to ensure efficienc y and may line 3 pro vide e xceptions as necessary so that projects are not line 4 unnecessarily delayed.
line 5 (i)   The department, for each project requiring a supplemental line 6 project allocation pursuant to subdivision (h), shall submit a request line 7 to the commission for its appro val.
line 8 (j)   Expenditures for these projects shall not be subject to line 9 Sections 188 and 188.8 of the Streets and Highw ays Code. line 10 SEC. 4. Section 14529 of the Government Code is amended line 11 to read:
line 12 14529. (a)  The state transportation improvement program shall line 13 include a listing of all capital impro vement projects that are line 14 expected to receive an allocation of state transportation funds under line 15 Section 164 of the Streets and Highways Code, including revenues line 16 from transportation bond acts, from the commission during the line 17 follo wing five fiscal years. It shall include, and be limited to, the line 18 projects to be funded with the follo wing:
line 19 (1)   Interregional improvement funds.
line 20 (2)   Regional improvement funds.
line 21 (b)   For each project, the program shall specify the allocation or line 22 expenditure amount and the allocation or expenditure year for each line 23 of the follo wing project components:
line 24 (1)   Completion of all permits and environmental studies. line 25 (2)   Preparation of plans, specifications, and estimates. line 26 (3)   The acquisition of rights-of-way, including, but not limited line 27 to, support acti vities.
line 28 (4)  Construction and construction management and engineering, line 29 including surv eys and inspection.
line 30 (c)   Funding for right-of-way acquisition and construction for a line 31 project may be included in the program only if the commission line 32 mak es a finding that the sponsoring agenc y will complete the line 33 en vironmental process and can proceed with right-of-w ay line 34 acquisition or construction within the fiv e-year period. An line 35 allocation for right-of-w ay acquisition or construction shall not be line 36 made until the completion of the en vironmental studies and the line 37 selection of a preferred alternati ve.
line 38 (d)   The commission shall adopt and submit to the Le gislature line 39 and the Go vernor, not later than April 1 of each e ven-numbered line 40 year , a state transportation impro vement program. The program 97 AB 2438 — 7 —

Item 1B - 38
line 1 shall co ver a period of five years, beginning July 1 of the year it line 2 is adopted, and shall be a statement of intent by the commission line 3 for the allocation or e xpenditure of funds during those five years. line 4 The program shall include projects that are e xpected to recei ve line 5 funds before July 1 of the year of adoption, b ut for which the line 6 commission has not yet allocated funds.
line 7 (e)  (1)  The projects included in the adopted state transportation line 8 impro vement program shall be limited to those projects submitted line 9 or recommended pursuant to Sections 14526 and 14527. The total line 10 amount programmed in each fiscal year for each program category line 11 shall not e xceed the amount specified in the fund estimate adopted line 12 under Section 14525.
line 13 (2)   A project may only be included in the state transportation line 14 improvement program if it is consistent with the guidelines adopted line 15 pursuant to subdi vision (c) of Section 14530.1. line 16 (f)   The state transportation improvement program is a resource line 17 management document to assist the state and local entities to plan line 18 and implement transportation impro vements and to use available line 19 resources in a cost-ef fective manner. It is a document for each line 20 county and each re gion to declare their intent to use available state line 21 and federal funds in a timely and cost-ef fective manner. line 22 (g)   Before the adoption of the state transportation improvement line 23 program, the commission shall hold not less than one hearing in line 24 northern California and one hearing in southern California to line 25 reconcile an y objections by any county or regional agency to the line 26 department’ s program or the department’ s objections to an y line 27 re gional program.
line 28 (h)   The commission shall incorporate projects that are included line 29 in the re gional transportation improvement program and are to be line 30 funded with re gional improvement funds, unless the commission line 31 finds that the re gional transportation impro vement program is line 32 inconsistent with paragraph (2) of subdi vision (e), is inconsistent line 33 with the guidelines adopted by the commission, or is not a line 34 cost-ef fective e xpenditure of state funds, in which case the line 35 commission may reject the re gional transportation improvement line 36 program in its entirety . The finding shall be based on an objective line 37 analysis, including, b ut not limited to, travel forecast, cost, and air line 38 quality . The commission shall hold a public hearing in the affected line 39 county or re gion before rejecting the program, or not later than 60 line 40 days after rejecting the program. If a re gional transportation 97 — 8 — AB 2438

Item 1B - 39
line 1 impro vement program is rejected, the regional entity may submit line 2 a ne w regional transportation improvement program for inclusion line 3 in the state transportation impro vement program. The commission line 4 shall not reject a re gional transportation impro vement program line 5 unless, not later than 60 days after the date it received the program, line 6 it pro vided notice to the affected agency that specified the factual line 7 basis for its proposed action.
line 8 (i)   A project may be funded with more than one of the program line 9 cate gories listed in Section 164 of the Streets and Highways Code. line 10 (j)   Notwithstanding any other law, local or re gional matching line 11 funds shall not be required for projects that are included in the line 12 state transportation impro vement program.
line 13 (k)   The commission may include a project recommended by a line 14 re gional transportation planning agency or county transportation line 15 commission pursuant to subdi vision (c) of Section 14527, if the line 16 commission mak es a finding, based on an objective analysis, that line 17 the recommended project is more cost-ef fective than a project line 18 submitted by the department pursuant to Section 14526. line 19 SECTION 1. Section 13985 is added to the Government Code, line 20 immediately following Section 13984, to read:
line 21 13985. (a)  No later than January 1, 2024, the agency shall line 22 establish guidelines to ensure transparency and accountability for line 23 the transportation funding programs it administers, including, but line 24 not limited to, the Transit and Intercity Rail Capital Program (Part line 25 2 (commencing with Section 75220) of Division 44 of the Public line 26 Resources Code), and for the project selection processes applicable line 27 to the transportation funding programs it administers. line 28 (b)  The guidelines required by this section shall, at a minimum, line 29 do all of the following:
line 30 (1)  Ensure project nominations are publicly available for public line 31 review before a decision by the agency to award funds. line 32 (2)  Ensure the project selection process incorporates strategies line 33 established in the Climate Action Plan for Transportation line 34 Infrastructure adopted by the agency in July 2021 that are line 35 applicable to the transportation funding program. line 36 (3)  Require that a recommendation for a project to be funded line 37 be released in an accessible format at least 20 days before a line 38 decision by the agency to award funds.
line 39 (4)  Include any other best practices identified through public line 40 input solicited pursuant to subdivision (c).
97 AB 2438 — 9 —

Item 1B - 40
line 1 (c)  Before the agency establishes the guidelines pursuant to line 2 subdivision (a), the agency shall hold public workshops to solicit line 3 public input to ensure that the guidelines adopted pursuant to this line 4 section will provide the public with the information necessary for line 5 meaningful participation in the agency’s actions to award funds line 6 for the transportation funding programs that it administers. line 7 (d)  This section shall not supersede any conflicting provision line 8 of an existing guideline process or existing maintenance and line 9 rehabilitation requirements.
line 10 SEC. 2. Section 14011.5 is added to the Go
vernment Code, to
line 11 read:
line 12 14011.5. (a)  No later than January 1, 2024, the department line 13 shall establish guidelines to ensure transparency and line 14 accountability for the transportation funding programs it line 15 administers, including, but not limited to, the interregional line 16 transportation improvement program and the State Highway line 17 Operation and Protection Program, and for the project selection line 18 processes applicable to the transportation funding programs it line 19 administers.
line 20 (b)  The guidelines required by this section shall, at a minimum, line 21 do all of the following:
line 22 (1)  Ensure project nominations are publicly available for public line 23 review before a decision to award funds.
line 24 (2)  Ensure the project selection process incorporates strategies line 25 established in the Climate Action Plan for Transportation line 26 Infrastructure adopted by the Transportation Agency in July 2021 line 27 that are applicable to the transportation funding program. line 28 (3)  Require that a recommendation for a project to be funded line 29 be released in an accessible format at least 20 days before a line 30 decision to award funds.
line 31 (4)  Include any other best practices identified through public line 32 input solicited pursuant to subdivision (c).
line 33 (c)  Before the department establishes the guidelines pursuant line 34 to subdivision (a), the department shall hold public workshops to line 35 solicit public input to ensure that the guidelines adopted pursuant line 36 to this section will provide the public with the information line 37 necessary for meaningful participation in the department’ s actions
line 38 to award funds for the transportation funding programs that it line 39 administers.
97 — 10 — AB 2438

Item 1B - 41
line 1 (d)  This section shall not supersede any conflicting provision line 2 of an existing guideline process or existing maintenance and line 3 rehabilitation requirements.
line 4 SEC. 3. Section 14524.5 is added to the Go
vernment Code, to
line 5 read:
line 6 14524.5. (a)  No later than January 1, 2024, the commission line 7 shall establish guidelines to ensure transparency and line 8 accountability for the transportation funding programs it line 9 administers, including, but not limited to, the program established line 10 pursuant to Section 2192 of the Streets and Highways Code and line 11 the Solutions for Congested Corridors Program (Chapter 8.5 line 12 (commencing with Section 2390) of Division 3 of the Streets and line 13 Highways Code), and for the project selection processes applicable line 14 to the transportation funding programs it administers. line 15 (b)  The guidelines required by this section shall, at a minimum, line 16 do all of the following:
line 17 (1)  Ensure project nominations are publicly available for public line 18 review before a decision by the commission to award funds. line 19 (2)  Ensure the project selection process incorporates strategies line 20 established in the Climate Action Plan for Transportation line 21 Infrastructure adopted by the Transportation Agency in July 2021 line 22 that are applicable to the transportation funding program. line 23 (3)  Require that a recommendation for a project to be funded line 24 be released in an accessible format at least 20 days before a line 25 decision by the commission to award funds.
line 26 (4)  Include any other best practices identified through public line 27 input solicited pursuant to subdivision (c).
line 28 (c)  Before the commission establishes the guidelines pursuant line 29 to subdivision (a), the commission shall hold public workshops to line 30 solicit public input to ensure that the guidelines adopted pursuant line 31 to this section will provide the public with the information line 32 necessary for meaningful participation in the commission’s actions line 33 to award funds for the transportation funding programs that it line 34 administers.
line 35 (d)  This section shall not supersede any conflicting provision line 36 of an existing guideline process or existing maintenance and line 37 r
ehabilitation requirements.
line 38 SEC. 5.
line 39 SEC. 4. Section 14530.1 of the Government Code is amended line 40 to read:
97 AB 2438 — 11 —

Item 1B - 42
line 1 14530.1. (a)  The department, in cooperation with the line 2 commission, transportation planning agencies, and county line 3 transportation commissions and local governments, shall develop line 4 guidelines for the development of the state transportation line 5 improvement program and the incorporation of projects into the line 6 state transportation improvement program.
line 7 (b)   The guidelines shall include, but not be limited to, all of the line 8 following:
line 9 (1)   Standards for project deliverability.
line 10 (2)   Standards for identifying projects and project components. line 11 (3)   Standards for cost estimating.
line 12 (4)  Programming methods for increases and schedule changes. line 13 (5)   Objective criteria for measuring system performance and line 14 cost-effectiveness of candidate projects.
line 15 (c)  The department, in cooperation with the commission, line 16 transportation planning agencies, and county transportation line 17 commissions and local go vernments, shall re vise the guidelines line 18 de veloped pursuant to subdi vision (a) to ensure that a project line 19 selected to be included in the state transportation impro vement line 20 program and the complete program of projects selected for the line 21 state transportation impro vement program align with all of the line 22 follo wing:
line 23 (1)  The California Transportation Plan updated pursuant to line 24 Chapter 2.3 (commencing with Section 65070) of Di vision 1 of line 25 T itle 7.
line 26 (2)  The Climate Action Plan for Transportation Infrastructure line 27 adopted by the Transportation Agency.
line 28 (3)  The greenhouse gas emissions reduction standards set forth line 29 in the California Global Warming Solutions Act of 2006 (Division line 30 25.5 (commencing with Section 38550) of the Health and Safety line 31 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008). line 32 (6)  No later than January 1, 2024, the strategies established in line 33 the Climate Action Plan for Transportation Infrastructure adopted line 34 by the Transportation Agency in July 2021 that are applicable to line 35 the interregional transportation improvement program. line 36 (d)
line 37 (c)  The guidelines shall be the complete and full statement of line 38 the policy, standards, and criteria that the commission intends to line 39 use in selecting projects to be included in the state transportation line 40 improvement program.
97 — 12 — AB 2438

Item 1B - 43
line 1 (e)
line 2 (d)  The commission may amend the adopted guidelines after line 3 conducting at least one public hearing. The commission shall make line 4 a reasonable effort to adopt the amended guidelines prior to its line 5 adoption of the fund estimate pursuant to Section 14525. In no line 6 event shall the adopted guidelines be amended, or otherwise line 7 revised, modified, or altered during the period commencing 30 line 8 days after the adoption of the fund estimate pursuant to Section line 9 14525 and before the adoption of the state transportation line 10 improvement program pursuant to Section 14529.
line 11 SEC. 6.
line 12 SEC. 5. Section 65072 of the Government Code is amended line 13 to read:
line 14 65072. The California Transportation Plan shall include all of line 15 the following:
line 16 (a)   A policy element that describes the state’s transportation line 17 policies and system performance objectives. These policies and line 18 objectives shall be consistent with legislative intent described in line 19 Sections 14000, 14000.5, 14000.6, and 65088.
line 20 (b)   A strategies element that shall incorporate the broad system line 21 concepts and strategies synthesized from the adopted regional line 22 transportation plans prepared pursuant to Section 65080. The line 23 California Transportation Plan shall not be project specific. line 24 (c)   A financial element that summarizes the full cost of the line 25
implementation of the California Transportation Plan constrained line 26 by a realistic projection of a vailable re venues. The financial line 27 element shall also contain recommendations for allocation of funds. line 28 Plan, a summary of available revenues through the planning line 29 period, and an analysis of what is feasible within the plan if line 30 constrained by a realistic projection of available revenues. The line 31 financial element shall also evaluate the feasibility of any policy line 32 assumptions or scenarios included in the plan. The financial line 33 element may include a discussion of tradeoffs within the plan line 34 considering financial constraints.
line 35 (d)   A recommendations element that includes economic line 36 forecasts and recommendations to the Legislature and the Governor line 37 to achieve the plan’s broad system concepts, strategies, and line 38 performance objectives.
line 39 SEC. 6. Section 164.6 of the Str
eets and Highways Code is
line 40 amended to read:
97 AB 2438 — 13 —

Item 1B - 44
line 1 164.6. (a)  (1)  The department shall prepare a State Highway line 2 System Management Plan. The plan shall include a 10-year state line 3 highway system rehabilitation plan for the rehabilitation or line 4 reconstruction, or the combination thereof, by the State Highway line 5 Operation and Protection Program, of all state highways and line 6 bridges owned by the state. The plan shall identify all rehabilitation line 7 needs for the 10-year period beginning on July 1, 1998, and ending line 8 on June 30, 2008, and shall include a schedule of improvements line 9 to complete all needed rehabilitation during the life of the plan not line 10 later than June 30, 2008. The plan shall be updated every two years line 11 beginning in 2000.
line 12 (2)  The State Highway System Management Plan shall also line 13 include a five-year maintenance plan that addresses the line 14 maintenance needs of the state highway system. The maintenance line 15 plan shall be updated every two years, concurrent with the line 16 rehabilitation plan described in paragraph (1). The maintenance line 17 plan shall include only maintenance activities that, if the activities line 18 are not performed, could result in increased State Highway line 19 Operation and Protection Program costs in the future. The line 20 maintenance plan shall identify any existing backlog in those line 21 maintenance activities and shall recommend a strategy, specific line 22 activities, and an associated funding level to reduce or prevent any line 23 backlog during the plan five-year period.
line 24 (b)   The State Highway System Management Plan shall include line 25 specific quantifiable accomplishments, goals, objectives, costs, line 26 and performance measures consistent with the asset management line 27 plan required by Section 14526.4 of the Government Code. The line 28 plan shall contain strategies to control costs and improve efficiency line 29 of the State Highway Operation and Protection Program. line 30 (c)  The State Highway System Management Plan for line 31 rehabilitation and maintenance shall attempt to balance resources line 32 between State Highway Operation and Protection Program line 33 activities and maintenance activities in order to achieve identified line 34 goals at the lowest possible long-term total cost. If the maintenance line 35 plan recommends increases in maintenance spending, it shall line 36 identify projected future State Highway Operation and Protection line 37 Program costs that would be avoided by increasing maintenance line 38 spending. The department’s maintenance division shall identify line 39 highway maintenance projects and associated costs that allow it line 40 to achieve the requirements of this subdivision. 97 — 14 — AB 2438

Item 1B - 45
line 1 (d)   The draft State Highway System Management Plan shall be line 2 submitted to the commission for review and comments not later line 3 than February 15 of each odd-numbered year, and the final plan line 4 shall be transmitted by the department to the Governor and the line 5 Legislature not later than June 1 of each odd-numbered year. The line 6 department shall make the draft of its proposed plan available to line 7 regional transportation agencies for review and comment, and shall line 8 include and respond to the comments in the final plan. line 9 (e)   The State Highway System Management Plan shall be the line 10 basis for the department’s budget request and for the adoption of line 11 fund estimates pursuant to Section 163.
line 12 (f)  The State Highway System Management Plan shall, no later line 13 than January 1, 2024, incorporate strategies established in the line 14 Climate Action Plan for Transportation Infrastructure adopted by line 15 the Transportation Agency in July 2021 that are applicable to the line 16 State Highway Operation and Protection Program. line 17
SEC. 7. Section 2033 of the Streets and Highways Code is line 18 amended to read:
line 19 2033. (a)  (1)   On or before January 1, 2018, the commission, line 20 in cooperation with the department, transportation planning line 21 agencies, county transportation commissions, and other local line 22 agencies, shall develop guidelines for the allocation of funds line 23 pursuant to subdivision (a) of Section 2032. No later than January line 24 1, 2024, the guidelines shall incorporate the strategies established line 25 in the Climate Action Plan for Transportation Infrastructure line 26 adopted by the Transportation Agency in July 2021 applicable to line 27 the program established to allocate the funds made available line 28 pursuant to subdivision (a) of Section 2032.
line 29 (2)  The commission, in cooperation with the department, line 30 transportation planning agencies, county transportation line 31 commissions, and other local agencies, shall re vise the guidelines line 32 developed pursuant to subdivision (a) to ensure that funds allocated line 33 pursuant to subdi vision (a) of Section 2032 align with all of the line 34 follo wing:
line 35 (A)  The California Transportation Plan updated pursuant to line 36 Chapter 2.3 (commencing with Section 65070) of Di vision 1 of line 37 T itle 7 of the Government Code.
line 38 (B)  The Climate Action Plan for Transportation Infrastructure line 39 adopted by the Transportation Agency.
97 AB 2438 — 15 —

Item 1B - 46
line 1 (C)  The greenhouse gas emissions reduction standards set forth line 2 in the California Global Warming Solutions Act of 2006 (Division line 3 25.5 (commencing with Section 38550) of the Health and Safety line 4 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008). line 5 (b)  The guidelines shall be the complete and full statement of line 6 the policy, standards, and criteria that the commission intends to line 7 use to determine how these funds will be allocated. line 8 (c)  The commission may amend the adopted guidelines after line 9 conducting at least one public hearing.
line 10 (d)  The guidelines may include streamlining of project delivery line 11 by authorizing local or regional transportation agencies to seek line 12 commission approval of a letter of no prejudice that allows the line 13 agency to expend its own funds in advance of an allocation of line 14 funds by the commission, and to be reimbursed at a later time for line 15 eligible expenditures. A letter of no prejudice shall only be line 16 available to local or regional transportation agencies for moneys line 17 that have been identified for future allocation to the applicant line 18 agency. Moneys designated pursuant to subdivision (a) of Section line 19 2032 shall only be reimbursed when there is funding available in line 20 an amount sufficient to make the reimbursement. line 21 SEC. 8. Section 2034 of the Streets and Highw ays Code is line 22 amended to read:
line 23 2034. (a)  (1)  (A)  Before receiving an apportionment of funds line 24 under the program pursuant to paragraph (2) of subdi vision (h) of line 25 Section 2032 from the Controller in a fiscal year , an eligible city line 26 or county shall submit to the commission a list of projects proposed line 27 to be funded with these funds.
line 28 (B)  A project may only be included in a list of projects submitted line 29 pursuant to this section if it is consistent with all of the follo wing:
line 30 (i)   The California Transportation Plan updated pursuant to line 31 Chapter 2.3 (commencing with Section 65070) of Di vision 1 of line 32 T itle 7 of the Government Code.
line 33 (ii)   The Climate Action Plan for Transportation Infrastructure line 34 adopted by the Transportation Agency.
line 35 (iii)  The greenhouse gas emissions reduction standards set forth line 36 in the California Global Warming Solutions Act of 2006 (Division line 37 25.5 (commencing with Section 38550) of the Health and Safety line 38 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008). line 39 (C)   Two or more eligible cities, or one or more cities and a line 40 county , may propose a project to be jointly funded with these 97 — 16 — AB 2438

Item 1B - 47
line 1 funds. Each city or county that proposes to jointly fund a project line 2 shall include its participation in the project in its list of projects line 3 submitted to the commission. All projects proposed to recei ve line 4 funding shall be adopted by resolution by the applicable city line 5 council or county board of supervisors at a re gular public meeting. line 6 A proposed jointly funded project shall additionally be endorsed line 7 by a memorandum of understanding that is approved by the entities line 8 proposing to jointly fund the project and that includes the identity line 9 of the project’ s lead agenc y and a description of the indi vidual line 10 contrib utions of each participating city and county to the project. line 11 (D)   The list of projects proposed to be funded with the funds line 12 described in subparagraph (A), including jointly funded projects, line 13 shall include a description and the location of each proposed line 14 project, a proposed schedule for that project’ s completion, and the line 15 estimated useful life of the impro vement.
line 16 (E)   The project list shall not limit the fle xibility of an eligible line 17 city or county to fund projects in accordance with local needs and line 18 priorities so long as the projects are consistent with subparagraph line 19 (B) and subdi vision (b) of Section 2030.
line 20 (2)   The commission shall submit an initial report to the line 21 Controller that indicates the cities and counties that have submitted line 22 a list of projects consistent with this subdi vision and that are line 23 therefore eligible to recei ve an apportionment of funds under the line 24 program for the applicable fiscal year . If the commission receives line 25 a list of projects from a city or county after it submits its initial line 26 report to the Controller , the commission shall submit a subsequent line 27 report to the Controller that indicates the cities and counties that line 28 submitted a list of projects after the commission submitted its line 29 initial report.
line 30 (3)   The Controller , upon receipt of the initial report, shall line 31 apportion funds to eligible cities and counties. line 32 (4)   (A)  For any city or county that is not included in the initial line 33 report submitted to the Controller pursuant to paragraph (2), the line 34 Controller shall retain the monthly share of funds that w ould line 35 otherwise be apportioned and distrib uted to the city or county line 36 pursuant to paragraph (3).
line 37 (B)   If the Controller recei ves a subsequent report from the line 38 commission within 90 days of recei ving the initial report from the line 39 commission that a city or county has become eligible to recei ve 97 AB 2438 — 17 —

Item 1B - 48
line 1 an apportionment, the Controller shall apportion the funds retained line 2 pursuant to subparagraph (A) to the city or county . line 3 (C)   The Controller shall reapportion to all eligible cities and line 4 counties pursuant to the formula in clauses (i) and (ii) of line 5 subparagraph (C) of paragraph (3) of subdi vision (a) of Section line 6 2103 an y funds that were retained pursuant to subparagraph (A) line 7 b ut that were not apportioned and distrib uted pursuant to line 8 subparagraph (B).
line 9 (b)   For each fiscal year , each city or county recei ving an line 10 apportionment of funds shall, upon e xpending program funds, line 11 submit documentation to the commission that details the line 12 expenditures of all funds under the program, including a description line 13 and location of each completed project, the amount of funds line 14 e xpended on the project, the completion date, if applicable, and line 15 the estimated useful life of the impro vement. For projects jointly line 16 funded pursuant to subparagraph (C) of paragraph (1) of line 17 subdi vision (a), each participating city and county shall submit to line 18 the commission the documentation required pursuant to this line 19 subdi vision.
line 20 (c)   Before recei ving an apportionment of funds under the line 21 program pursuant to paragraph (2) of subdi vision (h) of Section line 22 2032, an eligible city or county may expend other funds on eligible line 23 projects and may reimb urse the source of those other funds when line 24 it recei ves its apportionment from the Controller over one or more line 25 years.
line 26 SEC. 9. Section 2103.5 is added to the Streets and Highways line 27 Code , to read:
line 28 2103.5. It is the intent of the Legislature that funds apportioned line 29 by the Controller to cities and counties pursuant to this chapter be line 30 e xpended consistent with all of the following:
line 31 (a)   The California Transportation Plan updated pursuant to line 32 Chapter 2.3 (commencing with Section 65070) of Di vision 1 of line 33 T itle 7 of the Government Code.
line 34 (b)   The Climate Action Plan for Transportation Infrastructure line 35 adopted by the Transportation Agency.
line 36 (c)   The greenhouse gas emissions reduction standards set forth line 37 in the California Global Warming Solutions Act of 2006 (Division line 38 25.5 (commencing with Section 38550) of the Health and Safety line 39 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008). 97 — 18 — AB 2438

Item 1B - 49
line 1 SEC. 10.
line 2 SEC. 8. Section 2192 of the Streets and Highways Code is line 3
amended to read:
line 4 2192. (a)  The following revenues shall be allocated for line 5 infrastructure projects pursuant to this section:
line 6 (1)  The revenues deposited in the Trade Corridor Enhancement line 7 Account pursuant to Section 2192.4, except for those revenues in line 8 the account that were appropriated by Senate Bill 132 of the line 9 2017–18 Regular Session (Chapter 7 of the Statutes of 2017). line 10 (2)   An amount of federal funds equal to the amount of revenue line 11 apportioned to the state under Section 167 of Title 23 of the United line 12 States Code from the national highway freight programs, pursuant line 13 to the federal Fixing America’s Surface Transportation Act (“FAST line 14 Act,” Public Law 114-94).
line 15 (b)   The funding described in subdivision (a) shall be available line 16 upon appropriation for allocation by the California Transportation line 17 Commission for infrastructure improvements in this state on line 18 federally designated Trade Corridors of National and Regional line 19 Significance, on the Primary Freight Network, and along other line 20 corridors that have a high volume of freight movement, as line 21 determined by the commission and as identified in the state freight line 22 plan developed pursuant to Section 13978.8 of the Government line 23 Code. Projects eligible for funding shall be included in an adopted line 24 regional transportation plan. Projects within the boundaries of a line 25 metropolitan planning organization shall be included in an adopted line 26 regional transportation plan that includes a sustainable communities line 27 strategy determined by the State Air Resources Board to achieve line 28 the region’s greenhouse gas emissions reduction targets. In line 29 developing guidelines for implementing this section, the line 30 commission shall (1) apply the guiding principles, to the maximum line 31 extent practicable, in the California Sustainable Freight Action line 32 Plan released in July 2016 pursuant to Executive Order No. line 33 B-32-15, and (2) consult the state freight plan and the applicable line 34 port master plan.
line 35 (c)   Eligible projects for these funds include, but are not limited line 36 to, all of the following:
line 37 (1)  Highway improvements to more efficiently accommodate line 38 the movement of freight, particularly for ingress and egress to and line 39 from the state’s land ports of entry, rail terminals, and seaports, line 40 including navigable inland waterways used to transport freight 97 AB 2438 — 19 —

Item 1B - 50
line 1 between seaports, land ports of entry, and airports, and to relieve line 2 traffic congestion along major trade or goods movement corridors. line 3 (2)   Freight rail system improvements to enhance the ability to line 4 move goods from seaports, land ports of entry, and airports to line 5 warehousing and distribution centers throughout California, line 6 including projects that separate rail lines from highway or local line 7 road traffic, improve freight rail mobility, and other projects that line 8 improve the safety, efficiency, and capacity of the rail freight line 9 system.
line 10 (3)   Projects to enhance the capacity and efficiency of ports, line 11 except that funds available under this section shall not be allocated line 12 to a project that includes the purchase of fully automated cargo line 13 handling equipment. For the purposes of this paragraph, “fully line 14 automated” means equipment that is remotely operated or remotely line 15 monitored, with or without the exercise of human intervention or line 16 control. Nothing in this paragraph shall prohibit the use of funds line 17 available pursuant to this section for a project that includes the line 18 purchase of human-operated zero-emission equipment, line 19 human-operated near-zero-emission equipment, and infrastructure line 20 supporting that human-operated equipment. Furthermore, nothing line 21 in this section shall prohibit the purchase of devices that support line 22 that human-operated equipment, including equipment to evaluate line 23 the utilization and environmental benefits of that human-operated line 24 equipment.
line 25 (4)   Truck corridor improvements, including dedicated truck line 26 facilities or truck toll facilities, including the mitigation of the line 27 emissions from trucks or these facilities.
line 28 (5)   Border access improvements that enhance goods movement line 29 between California and Mexico and that maximize the state’s line 30 ability to access funds made available to the state by federal law. line 31 (6)   Surface transportation, local road, and connector road line 32 improvements to effectively facilitate the movement of goods, line 33 particularly for ingress and egress to and from the state’s land ports line 34 of entry, airports, and seaports, to relieve traffic congestion along line 35 major trade or goods movement corridors.
line 36 (7)   Projects that employ advanced and innovative technology line 37 to improve the flow of freight, such as intelligent transportation line 38 systems, public infrastructure, excluding vehicles, that enables line 39 zero-emission or near-zero emission goods movement, real time line 40 information systems, weigh-in-motion devices, electronic screening 97 — 20 — AB 2438

Item 1B - 51
line 1 and credentialing systems, traffic signal optimization, work zone line 2 management and information systems, ramp metering, and line 3 electronic cargo and border security technologies. line 4 (8)  Environmental and community mitigation or efforts to reduce line 5 environmental impacts of freight movement, such as projects that line 6 reduce noise, overnight truck idling, or truck queues, and advanced line 7 traveler information systems such as freight advanced traveler line 8 information systems that optimize operations to reduce empty-load line 9 trips.
line 10 (d)   Projects funded with revenues identified in paragraph (1) line 11 of subdivision (a) shall be consistent with Article XIX of the line 12 California Constitution.
line 13 (e)   (1)  In adopting the program of projects to be funded with line 14 funds described in subdivision (a), the commission shall evaluate line 15 the total potential economic and noneconomic benefits of the line 16 program of projects to California’s economy, environment, and line 17 public health. The evaluation shall specifically assess localized line 18 impacts in disadvantaged communities. The commission shall line 19 consult with the agencies identified in Executive Order No. line 20 B-32-15 and metropolitan planning organizations in order to use line 21 the appropriate models, techniques, and methods to develop the line 22 parameters for evaluating the program of projects. The commission line 23 shall allocate the funding from subdivision (a) for trade line 24 infrastructure improvements as follows:
line 25 (A)  Sixty percent of the funds shall be available for projects line 26 nominated by regional transportation agencies and other public line 27 agencies, including counties, cities, and port authorities, in line 28 consultation with the department. The commission shall provide line 29 reasonable geographic targets for funding allocations without line 30 constraining what an agency may propose or what the commission line 31 may approve.
line 32 (B)   Forty percent of the funds shall be available for projects line 33 nominated by the department, in consultation with regional line 34 transportation agencies.
line 35 (2)  In adopting a program of projects pursuant to paragraph (1), line 36 the commission shall prioritize projects jointly nominated and line 37 jointly funded by the state and local agencies. In considering line 38 geographic balance for the overall program, the commission may line 39 adjust the corridor-based targets in subparagraph (A) of paragraph 97 AB 2438 — 21 —

Item 1B - 52
line 1 (1) to account for projects programmed pursuant to subparagraph line 2 (B) of paragraph (1).
line 3 (3)  A project may only be included in the program of projects line 4 adopted pursuant to paragraph (1) if it is consistent with the line 5 guidelines adopted pursuant to paragraph (3) of subdi vision (f). line 6 (f)  (1)  The commission shall adopt guidelines, including a line 7 transparent process to evaluate projects and to allocate the funding line 8 described in subdivision (a) for trade infrastructure improvements line 9 in a manner that (A) addresses the state’s most urgent needs, (B) line 10 balances the demands of various land ports of entry, seaports, and line 11 airports, (C) places emphasis on projects that improve trade line 12 corridor mobility and safety while reducing emissions of diesel line 13 particulates, greenhouse gases, and other pollutants and reducing line 14 other negative community impacts, especially in disadvantaged line 15 communities, (D) makes a significant contribution to the state’s line 16 economy, (E) recognizes the key role of the state in project line 17 identification, (F) supports integrating statewide goods movement line 18 priorities in a corridor approach, and (G) includes disadvantaged line 19 communities measures, as established by the California line 20 Environmental Protection Agency pursuant to Section 39711 of line 21 the Health and Safety Code, and other tools the commission line 22 determines, for evaluating benefits or costs for disadvantaged line 23 communities and low-income communities. Project nominations line 24 shall include either a quantitative or qualitative assessment of the line 25 benefits the project is expected to achieve relative to the evaluation line 26 criteria.
line 27 (2)  No later than January 1, 2024, the guidelines shall also line 28 incorporate the strategies established in the Climate Action Plan line 29 for Transportation Infrastructure adopted by the Transportation line 30 Agency in July 2021 that are applicable to the program established line 31 pursuant to this section.
line 32 (2)
line 33 (3)  The guidelines adopted pursuant to paragraph (1) may line 34 include streamlining of project delivery by authorizing regional line 35 transportation agencies and other public agencies to seek line 36 commission approval of a letter of no prejudice that allows the line 37 agency to expend its own funds for a project programmed in a line 38 future year of the adopted program of projects, in advance of line 39 allocation of funds to the project by the commission, and to be line 40 reimbursed at a later time for eligible expenditures. A letter of no 97 — 22 — AB 2438

Item 1B - 53
line 1 prejudice shall only be available to local or regional transportation line 2 agencies for moneys that have been identified for future allocation line 3 to the applicant agency. Moneys designated for the program shall line 4 only be reimbursed when there is funding available in an amount line 5 sufficient to make the reimbursement.
line 6 (3)  The commission shall revise the guidelines adopted pursuant line 7 to paragraph (1) to ensure that a project included in the program line 8 of projects and the complete program of projects are aligned with line 9 the California Transportation Plan updated pursuant to Chapter line 10 2.3 (commencing with Section 65070) of Di vision 1 of Title 7 of line 11 the Go vernment Code, the Climate Action Plan for Transportation line 12 Infrastructure adopted by the Transportation Agency, and the line 13 greenhouse g as emissions reduction standards set forth in the line 14 California Global Warming Solutions Act of 2006 (Division 25.5 line 15 (commencing with Section 38550) of the Health and Safety Code) line 16 and Senate Bill 375 (Chapter 728 of the Statutes of 2008). line 17 (g)  In addition, the commission shall also consider the following line 18 factors when allocating these funds:
line 19 (1)   “Velocity,” which means the speed by which large cargo line 20 would travel from the land port of entry or seaport through the line 21 distribution system.
line 22 (2)   “Throughput,” which means the volume of cargo that would line 23 move from the land port of entry or seaport through the distribution line 24 system.
line 25 (3)  “Reliability,” which means a reasonably consistent and line 26 predictable amount of time for cargo to travel from one point to line 27 another on any given day or at any given time in California. line 28 (4)   “Congestion reduction,” which means the reduction in line 29 recurrent daily hours of delay to be achieved.
line 30 (h)   For purposes of this section, the following terms ha ve the line 31 follo wing meanings: definitions apply:
line 32 (1)   “Disadvantaged communities” are those communities line 33 identified by the California Environmental Protection Agency line 34 pursuant to Section 39711 of the Health and Safety Code. line 35 (2)  “Low-income communities” are census tracts with median line 36 household incomes at or below 80 percent of the statewide median line 37 income or with median household incomes at or below the line 38 threshold designated as low income by the Department of Housing line 39 and Community Development’s list of state income limits adopted line 40 pursuant to Section 50093 of the Health and Safety Code. 97 AB 2438 — 23 —

Item 1B - 54
line 1 (i)   It is the intent of the Legislature for the commission to adopt line 2 an initial program of projects using the state and federal funds line 3 described in subdivision (a) for eligible projects as soon as line 4 practicable and no later than May 17, 2018.
line 5
SEC. 11. Section 2394 of the Streets and Highways Code is line 6 amended to read:
line 7 2394. The commission shall allocate program funds to projects line 8 after re viewing the corridor plans submitted by the re gional line 9 agencies or the department and making a determination that a line 10 proposed project is consistent with the objecti ves of the corridor line 11 plan and is consistent with the guidelines adopted pursuant to line 12 paragraph (2) of subdi vision (a) of Section 2396. In addition to line 13 making a consistenc y determination with respect to project line 14 nominations, the commission shall score the proposed projects on line 15 the follo wing criteria:
line 16 (a)   Safety.
line 17 (b)   Congestion.
line 18 (c)   Accessibility.
line 19 (d)   Economic development and job creation and retention. line 20 (e)   Furtherance of state and federal ambient air standards. line 21 (f)   Efficient land use.
line 22 (g)   Matching funds.
line 23 (h)   Project deliverability.
line 24 SEC. 9. Section 2391 of the Streets and Highways Code is line 25 amended to read:
line 26 2391. Pursuant to subdivision (b) of Section 11053 of the line 27 Revenue and Taxation Code, two hundred fifty million dollars line 28 ($250,000,000) in the State Highway Account shall be available line 29 for appropriation to the Department of Transportation in each line 30 annual Budget Act for the Solutions for Congested Corridors line 31 Program. Funds made available for the program shall be allocated line 32 by the California Transportation Commission to projects designed line 33 to achieve a balanced set of transportation, environmental, and line 34 community access improvements within highly congested travel line 35 corridors throughout the state. Funding shall be available for line 36 projects that make specific performance improvements and are line 37 part of a comprehensive multimodal corridor plan designed to line 38
reduce congestion in highly traveled corridors by providing more line 39 transportation choices for residents, commuters, and visitors to the line 40 area of the corridor while preserving the character of the local 97 — 24 — AB 2438

Item 1B - 55
line 1 community and creating opportunities for neighborhood line 2 enhancement projects. In order to mitigate increases in vehicle line 3 miles traveled, greenhouse gases, and air pollution, highway lane line 4 capacity-increasing projects funded by this program shall be limited line 5 to high-occupancy vehicle lanes, managed lanes as defined in line 6 Section 14106 of the Government Code, and other non-general line 7 purpose lane improvements primarily designed to improve safety line 8 for all modes of travel, such as auxiliary lanes, truck climbing line 9 lanes, or dedicated bicycle lanes. Project elements within the line 10 corridor plans may include improvements to state highways, local line 11 streets and roads, public transit facilities, bicycle and pedestrian line 12 facilities, and restoration or preservation work that protects critical line 13 local habitat or open space.
line 14 SEC. 12.
line 15 SEC. 10. Section 2396 of the Streets and Highways Code is line 16 amended to read:
line 17 2396. (a) (1) The commission, in consultation with the State line 18 Air Resources Board, shall develop and adopt guidelines for the line 19 program consistent with the requirements of this chapter. line 20 Guidelines adopted by the commission shall be exempt from the line 21 Administrative Procedure Act (Chapter 3.5 (commencing with line 22 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 23 Code). Prior to adopting the guidelines, the commission shall line 24 conduct at least one public hearing in northern California and one line 25 public hearing in southern California to review and provide an line 26 opportunity for public comment. The commission shall adopt the line 27 final guidelines no sooner than 30 days after the commission line 28 provides the proposed guidelines to the Joint Legislative Budget line 29 Committee and the transportation policy committees in the Senate line 30 and the Assembly. No later than January 1, 2024, the guidelines line 31 shall incorporate the strategies established in the Climate Action line 32 Plan for Transportation Infrastructure adopted by the line 33 Transportation Agency in July 2021 that are applicable to the line 34 Solutions for Congested Corridors Program.
line 35 (2) The commission, in consultation with the State Air Resources line 36 Board, shall re vise the guidelines to ensure that a project to be line 37 included in the program of projects and the complete program of line 38 projects adopted pursuant to Section 2395 align with all of the line 39 follo wing:
97 AB 2438 — 25 —

Item 1B - 56
line 1 (A)  The California Transportation Plan updated pursuant to line 2 Chapter 2.3 (commencing with Section 65070) of Di vision 1 of line 3 T itle 7 of the Government Code.
line 4 (B)  The Climate Action Plan for Transportation Infrastructure line 5 adopted by the Transportation Agency.
line 6 (C)  The greenhouse gas emissions reduction standards set forth line 7 in the California Global Warming Solutions Act of 2006 (Division line 8 25.5 (commencing with Section 38550) of the Health and Safety line 9 Code) and Senate Bill 375 (Chapter 728 of the Statutes of 2008). line 10 (b)   The guidelines adopted pursuant to subdivision (a) may line 11 include streamlining of project delivery by authorizing regional line 12 agencies to seek commission approval of a letter of no prejudice line 13 that allows the agency to expend its own funds for a project line 14 programmed in a future year of the adopted program of projects, line 15 in advance of allocation of funds to the project by the commission, line 16 and to be reimbursed at a later time for eligible expenditures. A line 17 letter of no prejudice shall only be available to local or regional line 18 transportation agencies for moneys that have been identified for line 19 future allocation to the applicant agency. Moneys designated for line 20 the program shall only be reimbursed when there is funding line 21 available in an amount sufficient to make the reimbursement.

O
97 — 26 — AB 2438

Item 1B - 57

ANALYSIS
Item 1B - 58
AB 2438

Page 1 ends

ASSEMBLY THIRD READING
AB 2438 (Friedman)
As Amended March 21, 2022
Majority vote

SUMMARY
Requires specified state transportation funding programs to align with state climate plans and goals and requires the California Transportation Plan (CTP) to be fiscally constrained.

Major Provisions
1) Requires the following transportation programs' goals and guidelines:
a) State Highway Operation and Protection Program (SHOPP) b) State Transportation Improvement Program (STIP)
c) Solutions for Congested Corridor Program (SCCP)
d) Trade Corridor Enhancement Program (TCEP)
e) Local Partnership Program (LPP)
f) Local Streets and Roads Program (LSR)
Align with the CTP, the Climate Action Plan for Transportation Infrastructure (CAPTI), California Global Warming Solutions Act of 2006, and SB 375 (Steinberg), Chapter 728, Statutes of 2008.
2) Requires the California State Transportation Agency (CalSTA) the Department of Transportation (Caltrans), the California Transportation Commission (CTC), in consultation with the State Air Resources Board (ARB), and the Strategic Growth Council (SGC), to jointly prepare and submit a report to the Legislature on or before January 1, 2025 evaluating transportation program funding levels, projects, and eligibility criteria with the objective of aligning the largest funding programs with the CTP, CAPTI, and greenhouse gas emissions reduction standards set forth in the California Global Warming Solutions Act of 2006 and SB 375 (Steinberg), and away from projects that increase vehicle capacity. 3) Requires the CTP to include a financial element that summarizes its cost of implementation constrained by a realistic projection of available revenues, as well as recommendations for allocation of funds.

COMMENTS
Over $30 billion (federal, state, and local funds combined) is spent annually in California maintaining and expanding transportation infrastructure. These funds are allocated through various plans and projects that are implemented by federal, state, regional and local agencies.

Decisions about how to spend billions in federal, state, and local transportation funds are critical to improving Californians' access to social and economic opportunities, as well as to helping the state meet its climate goals.

Item 1B - 59
AB 2438

Page 2 ends

Nearly 40% of California's greenhouse gas (GHG) emissions are generated by the transportation sector, which includes both the light-duty (passenger) and medium- and heavy-duty fleets.

Heavy-duty diesel trucks also contribute to unhealthy levels of ozone, inhalable particulate matter, carbon monoxide, NOx, and sulfur dioxide, affecting local air quality. Transportation sources account for roughly 80% of smog-forming emissions and 90% of diesel particulate emissions in California.

Within the transportation sector, measures to reduce GHG emissions include requiring the use of low carbon fuels, cleaner vehicles, and strategies to promote sustainable communities and improved transportation choices that reduce growth in the number of vehicle miles traveled (VMT). California has targeted a 15% reduction in VMT by 2050 as part of its larger strategy to reduce GHG emissions 80% from 1990 levels by 2050. According to the U.S. Federal Highway Administration December 2021 Traffic Volume Trends data, after a sharp drop in 2020, total VMT and per capita VMT surged back to pre-pandemic levels in 2021.

In July 2021 CalSTA adopted CAPTI, which details how the state recommends investing billions of discretionary transportation dollars annually to aggressively combat and adapt to climate change while supporting public health, safety, and equity. In August 2021, the CTC endorsed CAPTI's framework and strategies and adopted STIP guidelines which require state planning and investment be guided by climate preparedness, reduce GHG emissions, uncertain climate impacts, protecting vulnerable populations, and natural infrastructure solutions.

With these stated goals, the 2022 STIP will program approximately $2.1 billion over FY 2025-26 and 2026-27. Of this funding, approximately $350 million is recommended for widening, expressways or HOV projects.

At the March 2022 CTC meeting, changes to the SHOPP guidelines were presented, which include a requirement that, "Caltrans shall take Climate Action Plan for Transportation Infrastructure (CAPTI) strategies as well as the Caltrans Equity Statement into consideration in the development and implementation of the State Highway System Management Plan." New Federal Funding Intended to Help State Combat the Climate Crisis. California is preparing to receive approximately $40 billion over five years from the federal government's Infrastructure Investment and Jobs Act (IIJA). A December 2021 memo from the Federal Highway Administration (FHWA) on IIAJ implementation states, "Projects to be prioritized include those that maximize the existing right-of-way for accommodation of non-motorized modes and transit options that increase safety, accessibility, and/or connectivity…improve the condition and safety of existing transportation infrastructure within the right-of-way before advancing projects that add new general purpose travel lanes serving single occupancy vehicles." This is to say, the Biden Administration prioritizes climate, equity, and mode shift equally with road maintenance and rehabilitation.

AB 285 Report Finds Most Transportation Programs' Are Not Well Aligned with State Climate Goals. The Strategic Growth Council's California Transportation Assessment Report, pursuant to AB 285 (Friedman), Chapter 605, Statutes of 2019, includes findings and provides recommendations to help the state align transportation funding with state climate goals. The report focused on reviewing programs that only make up ~2% of transportation funding expenditures—the Sustainable Transportation Planning Grant program (STPG), Transformative Climate Communities (TCC), Affordable Housing and Sustainable Communities (AHSC), Transit and Intercity Rail Capital Program (TIRCP), and Low-Carbon Transit operations Item 1B - 60
AB 2438

Page 3 ends

Program (LCTOP). STPG, TCC, and TIRCP were all found to have a high levels of alignment with state goals and particularly with climate adaptation goals, reducing GHG emissions and VMT, transitioning away from fossil fuels, and improving air quality to enable healthy vibrant communities.

The AB 285 Report finds that older funding programs, (SHOPP, Local Transportation Fund, and ITIP), tend to be in higher alignment with previous state goals that do not consider climate change. The study finds that the programs that receive the largest funding appropriations, SHOPP, Local Transportation Fund, and ITIP, meet the fewest of the identified climate goals. In 2021, a large share of transportation funding is more responsive to an outmoded plan with a horizon of 2025, compared to a newer plan with a horizon year of 2050.

As part of the AB 285 work, the University of California Institute of Transportation Studies (UC ITS) published five white papers, one of which is titled, "Examination of Key Transportation Funding Programs in California and Their Context". UC ITS' research found that 50% of projects funded within SHOPP had no alignment to any of the state's 33 goals related to climate change.

This bill incorporates some of the policy recommendations included in the AB 285 Report, including:
1) Redirect Funds to Newer Programs or Add New Goals to Old Programs: This bill adds GHG reduction goals included in the CTP, CAPTI, AB 32, and SB 375 objectives into the goals and guidelines of the SHOPP, STIP, SCCP, TCEP, LPP, and LSR. The AB 285 Report recommends the Legislature direct more funds to newer programs that meet a broader set of contemporary goals or add additional goals and requirements to older programs, such as SHOPP, LTF, and ITIP.
2) Comprehensively Reevaluate Program Evaluation Criteria: This bill requires CalSTA, Caltrans, CTC, ARB, and SGC to evaluate transportation funding levels, projects, and eligibility criteria with the objective of aligning the largest funding programs with the CTP, CAPTI, and the state's GHG emission reduction goals. The AB 285 Report suggests, "With a better understanding of how state funds are pursued, and how state funding criteria shape project formation, the state would be empowered to design programs in ways that potentially achieve outcomes that better align with the state's goals." 3) Updating and better alignment among existing state and regional plans (fiscally constrain CTP): This bill requires the CTP to include a financial element that summarizes the cost of plan implementation constrained by a realistic projection of available revenues, as well as recommendations for allocation of funds.

Work to be done: This bill codifies GHG reduction goals and strategies to address climate change that the state and federal government have prioritized for transportation planning, funding, and land use. This bill does not change the intent or funding levels of any transportation funding program. SGC is hosting a series of stakeholder working group sessions this spring based on recommendations in the AB 285 report. This bill should incorporate feedback from those sessions.

According to the Author
"AB 2438 requires the state's largest transportation funding sources to align with the state's climate plans and goals, something we have been trying to accomplish at the state and federal Item 1B - 61
AB 2438

Page 4 ends

level. We cannot ignore that a $30 billion sector of state funding is directly tied to 40% of California's GHG emissions. It is time for California to reassess our transportation funding and planning system to put people before the car."
Arguments in Support
ClimatePlan states, "Transportation investment dollars cannot continue to fund projects that increase vehicle miles traveled (VMT) and greenhouse gas (GHG) emissions. It is time that we integrate our climate goals and transportation planning investment by setting clear direction and guidelines outlined in the AB 285 report."
Arguments in Opposition
Transportation California states, "…this bill means to leverage existing and already insufficient funding that is primarily intended to maintain, rehabilitate, and make safer our state highways, local streets and roads, bridges, and bicycle and pedestrian facilities for climate purposes. While the transportation industry recognizes that the transportation sector has a significant role to play in meeting the state's ambitious climate goals, AB 2438 is a bridge too far."

FISCAL COMMENTS
According to the Assembly Appropriations Committee:

This bill requires Caltrans to include, as part of the State Transportation Plan, a fiscally constrained financial element, which the plan currently does not include. To do so will entail significant cost. For its part, Caltrans estimates it will need three permanent positions—two senior transportation planners ($170,000 annually, each) and one senior transportation engineer ($232,000 annually) – as well as a consultant contract of $1 million per year. (Special fund.) In addition, Caltrans, CalSTA and CTC will need to prepare a report that comprehensively reevaluates transportation program funding levels, projects and eligibility criteria with the objective of aligning the largest funding programs with the goals set forth in the CAPTI and away from projects that increase vehicle capacity. Caltrans estimates the cost to do so will be $1 million annually over the course of two years. CalSTA estimates it will need one position, at a cost of about $170,000, to help prepare the report. (Special fund.) Costs to ARB and SGC to consult with the state transportation entities should be minor and absorbable.

VOTES
ASM TRANSPORTATION: 8-4-3
YES: Friedman, Berman, Kalra, Lee, Bloom, Nazarian, Ward, Wicks NO: Fong, Cunningham, Davies, Nguyen
ABS, ABST OR NV: Daly, Gipson, O'Donnell

ASM APPROPRIATIONS: 12-4-0
YES: Holden, Bryan, Calderon, Carrillo, Mike Fong, Gabriel, Eduardo Garcia, Levine, Quirk, Robert Rivas, Akilah Weber, Wilson
NO: Bigelow, Megan Dahle, Davies, Fong

Item 1B - 62
AB 2438

Page 5 ends

UPDATED
VERSION: March 21, 2022
CONSULTANT: Julia Kingsley / TRANS. / (916) 319-2093 FN: 0002726 Item 1B - 63

ATTACHMENT 6
AB 2438 – LETTER OF OPPOSITION
Item 1B - 64

Draft
June 30, 2022

The Honorable Lena A. Gonzalez
Chair, Senate Committee on Transportation
California State Senate
State Capitol, Room 405
Sacramento, California 95814

RE: Opposition to AB 2438 (Friedman)

Dear Chair Gonzalez:

On behalf of the City of Palm Springs, we write in opposition to AB 2438 (Friedman). As written, AB 2438 would require specified funding program guidelines to align with the Climate Action Plan for Transportation Infrastructure (CAPTI), the California Transportation Plan (CTP), and greenhouse gas emissions reduction standards.

The City of Palm Springs recognizes the State’s intention to secure an equitable and climate -resilient future, including for residents in Riverside County . However, AB 2438 appears to conflict with promises the State made in the voter -affirmed SB 1, despite CAPTI affirming its intent to not change program guidelines beyond current code.

Furthermore, AB 2438 fails to recog nize the staggering investments the State must make— not just in coastal urban centers, but also in more inland regions—before a comprehensive rewrite of critical funding programs can be considered. To place the cart before the horse as AB 2438 does would d eny under- resourced regions and their disadvantaged communities of a just transition to a climate-resilient future because many communities do not have the funding, infrastructure, or necessary rights -of-way to immediately transition away from roadway usage.

If it were not for voter-approved transportation plans and local sales tax measures in Riverside County, we would struggle to keep people and goods moving safely because of the limited state resources available to our region. As a result of historically limited state and federal funding, we have areas where transportation infrastructure and transit options are decades behind where we want them to be. With the dramatic growth of population and goods movement in our region, we may never catc h up without overwhelming state investment.

The City of Palm Springs appreciates Assemblymember Friedman’s recognition of the need for the CTP to consider available resources before providing recommendations for the allocation of funds. Such an analysis that may be objectively compared to regional plans and priorities is long overdue, but we see this, along with substantial state investment in the development of multimodal systems in inland regions with new funds, as a prerequisite before a comprehensive rewrite of existing funding programs and directives for how local governments allocate funds may even be considered.

Item 1B - 65
AB 2438 does not provide our communities with the investments and flexibility required to build the capacity of our multimodal transit systems, therefore threatening to leave our region and others behind.

For these reasons, the City of Palm Springs opposes AB 2438. If you have any questions regarding AB 2438 and how it would impact our region, please contact Anne Mayer , Executive Director for the Riverside County Transportation Commission, at (951) 787-7141.

Sincerely,

Item 1B - 66

CITY COUNCIL STAFF REPORT
06/30/2022 1. C.

City Clerk -

SUBJECT

STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2022
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2022.

Attachments
Item 1C

CITY COUNCIL STAFF REPORT

DATE: JUNE 30, 2022 CONSENT CALENDAR

SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MAY 1 THROUGH MAY 31, 2022

FROM: Justin Clifton, City Manager

BY: Office of the City Clerk
Procurement Department

RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of May 1 through May 31, 2022.

AGREEMENTS

NUMBER

VENDOR

DESCRIPTION

DEPARTMENT
A9123 V-1 Consulting A contract for consulting services regarding the analysis of outbound
baggage handling systems (BHS)
Aviation
A9130 The Art
Collective
A contract for the deinstallation,
transportation, and potential
reinstallation for the Bogert Statue on
Horseback
City Manager
A9131 Bingham
Construction
A contract for interior design services
regarding the large conference room.

Facilities
Maintenance
A9132 Bridgestone
America’s Tire
Operations LLC
A contract for a licensed contractor
regarding tires, tubes, and related
services
Facilities
Maintenance
A9140 Pyro
Spectaculars,
Inc.

A contract for the provision of the 4th of
July fireworks
Recreation
Department

Item 1C - 1
City Council Staff Report
June 30, 2022 -- Page 2
Staff Authorized Contracts and Purchase Orders

PURCHASE ORDERS
Number Vendor Description Amount Department
22001215 Original
Watermen
Swimsuits for lifeguards $327.15 Recreation
Department
22001211 Utility Crane Dump truck body repair
unit 500702
$545.38 Fleet Operations
22001205 Leslie’s Pool
Supplies Inc
Pool supplies $753.74 Recreation
Department
22001240 Dell Marketing
LP
Monitors for Harry Barret
at PSP
$851.23 Info Technology
22001233 Mobile Mini
LLC Ca
Mobile storage unit $855.92 Recreation
Department
22001229 R & R
Janitorial Svc.

Stadium restroom
janitorial service
$975.00 Facilities
Maintenance
22001236 Printfly
Corporation
Lifeguard t-shirts and tank
tops for the summer
$991.99 Recreation
Department
22001218 Shellback
Tactical LLC
Security, fire, safety, and
emergency services, in
$1,219.06 Police Department
22001217 Proforma
Socal
Traffic citations $1,267.21 Police Department
22001230 Refrigeration
Supplies
Distributor
Copeland compressor
ZPS40K5E-TF5-800
$1,466.97 Facilities
Maintenance
22001207 Marvin’s Auto
Paint Inc.

Collision damage repair
unit 1C4418
$1,556.04 Fleet Operations
22001196 Desert Fire
Extinguisher
Co Inc
Steam clean grease
exhaust systems hoods.
$1,885.00 Facilities
Maintenance
22001210 Illinois Library
Association
Illinois Library Association
- 2022 summer reading
$1,986.89 Library
22001238 G/M Business
Interiors
Office chairs $2,033.87 Recreation
Department
22001216 Monoprice Inc Ethernet cable restock $2,085.15 Info Technology 22001242 Valley Voice
Media
Valley Voice Media –
advertising
$2,100.00 Library
22001237 Marine Rescue
Products Inc
Pool supplies and
lifeguard supplies
$2,226.04 Recreation
Department
22001181 Dell Marketing
LP
2-in-1 laptop for Nancy
Pauly tt#24696
$2,238.07 Info Technology
22001227 Climatec LLC Corrective maintenance
TSA for Fire Station No. 4
$2,482.50 Facilities
Maintenance
22001186 It1 Source LLC Samsung A12 for PSP mx
TT#24655
$2,638.39 Info Technology
Item 1C - 2
City Council Staff Report
June 30, 2022 -- Page 3
Staff Authorized Contracts and Purchase Orders

22001195 Waterline
Technologies
Replacement pump for
swim center pool
$3,461.12 Parks Maintenance

22001208 Pacific
Products and
Services LLC
Downtown pedestrian
signs
$3,530.95 Streets
Maintenance

22001204 Armstrong
Garden
Centers Inc
Flowers $3,769.37 Aviation
Department

22001235 Impression
Design Group
Summer camp t-shirts
camp palm springs
$4,100.88 Recreation
Department
22001234 Magical
Holiday
Designs /
Libco Inc
New holiday garland for
City Hall
$4,244.36 Downtown
Maintenance

22001232 Refrigeration
Supplies
Distributor
Baldor motor and paco
seal kit
$4,358.02 Facilities
Maintenance

22001200 Waxie Sanitary
Supply
Janitorial supplies $5,028.32 Aviation
Department
22001209 Marvin’s Auto
Paint Inc.

Collision damage repair
unit 202315
$5,562.22 Fleet Operations

22001198 Office Depot Airport navigator desk $5,600.96 Aviation Department
22001239 Patton Door
And Gate
Gates to secure Palm
Spring’s stadium
$6,042.00 Facilities
Maintenance
22001182 Municipal
Emergency
Services Inc
High-rise firefighting tools $7,553.02 Fire Department 22001214 Safety Network
Traffic Signs
Inc.

Custom warning signs $7,920.63 Streets
Maintenance

22001225 Higherground
Inc
Annual software renewal $7,958.77 Police Department

22001231 Palm Springs
Mirror and
Glass
Fleetwood stainless steel
precision tandem rollers
$8,785.00 Facilities
Maintenance

22001220 Solomon N
Nimako
Consulting services (GIS) $9,500.00 Info Technology
22001206 Engie Services
U.S. Inc.

Upgrades to the server
system at the Muni Cogen
$9,829.00 Facilities
Maintenance
22001224 Black and
White
Emergency
Vehicles
Police Dept car outfitting
for 5 new detective
vehicles
$13,164.51 Fleet Operations

22001199 Birdair Inc Airport campus canopy
remediation
$14,420.00 Aviation
Department
22001246 Axon
Enterprise Inc
Tasers $14,554.87 Police Department

Item 1C - 3
City Council Staff Report
June 30, 2022 -- Page 4
Staff Authorized Contracts and Purchase Orders

STAFF ANALYSIS:

The City’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $7 5,000 or less, and certain other amendments and change orders as previously approved by the City Council.

Palm Springs Municipal Code §7.02.030(k) requires a monthly report be submitted to the City Council.

The original contract documents are on file in the Office of the City Clerk and purchase orders are on file in the Procurement Division.

REVIEWED BY:

Department Director: Monique Lomeli
City Manager: Justin Clifton

22001228 Thermax Inc Burner element for the
Cogen Muni plant
$19,503.87 Facilities
Maintenance
22001241 CDW
Government
ClearPass captive portal
software for PSP Wi-Fi
$21,235.00 Info Technology

22001243 Kimley Horn
And
Associates Inc
CP 15-32, traffic
engineering services
$24,500.00 Engineering -
Public Works

22001203 Comnet
Software
FY22 PSP fids
maintenance service
agreement
$24,600.00 Info Technology
22001226 Harrell
Company
Advisors LLC
CSA - financial advisor
and dissemination agent
$25,000.00 Finance
Department
22001193 Conscious
Builders
Consulting services $30,000.00 City Manager

22001245 Pyro
Spectaculars
Inc
Fireworks for July 4th,
2022
$38,000.00 Recreation
Department

22001197 Living Spaces
Furniture LLC
Mattress replacements at
station 2
$43,317.82 Fire Department

22001194 Engie Services
U.S. Inc.

Post CSA-BAS controls
Muni Cogen & Sunrise
chiller
$54,740.00 City Manager
22001191 Dudek CP 21-02, construction
management & inspection
services
$59,825.00 Engineering -
Public Works

22001201 Eternal Love
LLC
Airport janitorial services $64,250.37 Aviation
Department
22001244 V-1 Consulting
LLC
BHS analysis $72,600.00 Aviation
Department
Item 1C - 4

CITY COUNCIL STAFF REPORT
06/30/2022 1. D.

City Clerk -

SUBJECT

MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE

MANAGEMENT ASSOCIATION
RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM
SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025, SUBJECT TO ASSOCIATION’S EXECUTING THE MEMORANDUM OF UNDERSTANDING.”

2. Attachments
Item 1D

CITY COUNCIL STAFF REPORT
DAT
E: June 30, 2022 CONSENT CALENDAR
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION.

FROM: Justin Clifton, City Manager
BY: Human Resources
SUMMARY:

The C
ity has reached a tentative Memorandum of Understanding (MOU) with the Palm Springs Police Management Association (PS PMA). The City Council will consider adopting a Resolution approving the Memorandum of Understanding between the City and the Association.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MEMORANDUM OF

UNDERSTANDING RELATIVE TO WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 20 22 THROUGH JUNE 30, 202 5, SUBJECT TO ASSOCIATION ’S EXECUTING THE MEMORANDUM OF UNDERSTANDING.”

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

STAFF ANALYSIS:

Th
e City and representatives of PSPMA have met and conferred in good faith and have reached an agreement on the terms and conditions of the MOU governing employees of the City represented by PSPMA for the period July 1, 2022 through June 30, 2025.

The three-year term agreement with PS PMA includes increases of base salary of 4% effective the pay period including July 1, 2022, 4% effective the pay period including July Item 1D - 1
City Council Staff Report
June 30, 2022 -- Page 2

PSPMA MOU
1, 2023, and 3% effective the pay period including July 1, 2024. Additionally, a $2,5 00 lump sum payment for each member of the bargaining unit. Other changes include an acknowledgment of the City’s built -in health care contribution increases , the addition of longevity pay, an additional step 6, and increasing education incentive pay to 3% for a bachelor’s degree, 5% for a master’s degree, or 9% for a combined master’s degree and POST Management certificate.

The agreement was reached through negotiations with PSPMA and the City’s Negotiation team, which jointly recommend City Council adoption of the MOU.

FISCAL IMPACT:

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

Year 1 - $332,300
Year 2 - $410,000
Year 3 - $468,500
REVIEWED BY:

Department Director: Stephanie George
Deputy City Manager: Jeremy Hammond
City Manager: Justin Clifton
ATTACHMENTS:

A. Res
olution
B. Memorandum of Understanding
Item 1D - 2
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING

MEMORANDUM OF UNDERSTANDING RELATIVE TO

WAGES, HOURS, AND OTHER TERMS AND

CONDITIONS OF EMPLOYMENT FOR EMPLOYEES IN

THE P ALM SPRINGS POLICE M ANAGEMENT
ASSOCIATION FOR THE PERIOD JULY 1, 2022
THROUGH JUNE 30, 20 25, SUBJECT TO ASSOCIATION
EXECUTING THE MEMORANDUM OF UNDERSTANDING.

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

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

SECTION 1.

That the Memorandum of Understanding between PSPMA and the City, for the period July 1, 2022 through June 30, 202 5, on file with the City Clerk and incorporated herein by this reference, is hereby approved upon execution of said Memorandum of Understanding.

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

Item 1D - 3
Resolution No. _____

Page 2 ends

ADOPTED THIS 30TH DAY OF JUNE 2022.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE LOMELI, CMC

INTERIM CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, MONIQUE LOMELI, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopt ed at a regular meeting of the City Council of the City of Palm Springs on June 16, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 16
th day of June, 2022.

M ONIQUE LOMELI, CMC

INTERIM CITY CLERK
Item 1D - 4

PALM SPRINGS

POLICE MANAGEMENT

ASSOCIATION (PSPMA)

MEMORANDUM OF
UNDE

RSTANDING
July 1,
2022 – June 30, 2025
Item 1D - 5
2 The Palm Springs Police Management Association
Memorandum of Understanding
July 1, 2022 – June 30, 2025

GENERAL PROVISIONS ............................................................................................................................. 3 ARTICLE 1, TERM .............................................................................................................................. 3 ARTICLE 2, RECOGNITION ............................................................................................................... 3 ARTICLE 3, PRACTICES ................................................................................................................... 3 ARTICLE 4, FEDERAL AND STATE LAWS ....................................................................................... 3 ARTICLE 5, MAINTENANCE OF BENEFITS ..................................................................................... 4 COMPENSATION/OTHER PAY................................................................................................................... 5 ARTICLE 6, SALARIES ...................................................................................................................... 5 ARTICLE 7, OVERTIME ..................................................................................................................... 5 ARTICLE 8, SPECIAL COMPENSATION .......................................................................................... 5 ARTICLE 9, UNIFORM AND CELL PHONE ALLOWANCE ............................................................... 8 ARTICLE 10, MILEAGE ...................................................................................................................... 8 BENEFITS .................................................................................................................................................... 9 ARTICLE 11, HEALTH, DENTAL, VISION, AND OTHER INSURANCE............................................ 9 ARTICLE 12, HEALTH INSURANCE FOR RETIREES .................................................................... 10 ARTICLE 13, RETIREMENT ............................................................................................................. 11 WORK HOURS/LEAVE .............................................................................................................................. 13 ARTICLE 14, WORK SCHEDULE .................................................................................................... 13 ARTICLE 15, ANNUAL LEAVE ......................................................................................................... 13 ARTICLE 16, HOLIDAYS .................................................................................................................. 14 ARTICLE 17, SICK LEAVE ............................................................................................................... 14 ARTICLE 18, DISPOSITION OF SICK, EXCESS SICK AND ANNUAL LEAVE UPON RETIREMENT .. 14 EMPLOYER/EMPLOYEE RELATIONS ..................................................................................................... 15 ARTICLE 19, DRUG POLICY/DRUG SCREENING ......................................................................... 15 ARTICLE 20, PAYROLL DEDUCTION ............................................................................................. 15 ARTICLE 21, STRIKES AND WORK STOPPAGE ........................................................................... 15 ARTICLE 22, GRIEVANCE PROCEDURE ....................................................................................... 15 ARTICLE 23, DISCIPLINARY APPEALS PROCESS ....................................................................... 17 ARTICLE 24, TAKE HOME VEHICLE PROGRAM........................................................................... 21 APPENDIX A. TAKE HOME VEHICLES .......................................................................................... 22 APPENDIX B - DRUG POLICY/DRUG SCREENING ....................................................................... 23

Item 1D - 6
3 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE
AND

THE PALM SPRINGS POLICE MANAGEMENT ASSOCIATION (PSPMA)
July 1, 2022 – June 30, 2025

GENERAL PROVISIONS
ARTICLE 1, TERM
This Memorandum of Understanding (“MOU”) recommended to the City Council shall be for the period commencing July 1, 2022 and terminating June 30, 2025 provided, however, that specific sections of this MOU shall have later effective dates as specified herein. No economic changes to this MOU will go into effect until the pay period following City Council approval unless this MOU specifically provides otherwise.

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

A. The Palm Springs Police Management Association, hereinafter referred to as the Association, is the exclusively recognized employee organization for members it represents employed by the City in the Police Management Unit. The Association represents the classifications of Police Lieutenant and Police Captain.

B. The Association and the City have met and conferred in good faith on wages, hours and other terms and conditions of employment for the employees represented by the Association and have reached agreements which are set forth in this MOU.

ARTICLE 3, PRACTICES
It is understood that existing ordinances, resolutions, and policies of the City cover matters pertaining to employer-employee relations including, but not limited to, wages, salaries, benefits, hours and other terms and conditions of employment. Therefore, it is agreed that all such ordinances, resolutions and policies, are hereby incorporated by this reference and made a part hereof as though set forth in full and except as provided herein shall remain in full force and effect during the term hereof.

ARTICLE 4, FEDERAL AND STATE LAWS
It is understood and agreed that this MOU is subject to all present and future applicable Federal and State laws and regulations and the provisions hereof shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable laws and regulations and the remainder of this MOU shall not be affected thereby and shall remain in full force and effect.

Item 1D - 7
4 ARTICLE 5, MAINTENANCE OF BENEFITS
The status of all existing benefits and conditions of employment now enjoyed by the members represented by the Association shall not be deemed affected by this MOU, except as specifically modified by provisions hereof or by actions taken in implementation hereof.

Item 1D - 8
5 COMPENSATION/OTHER PAY
ARTICLE 6, SALARIES

Effective the later of the pay period including July 1, 2022 or the pay period following City Council approval of this MOU, unit members shall receive a four percent (4.0%) base salary increase.

Effective the pay period including July 1, 2023, unit members shall receive a four percent (4.0 %) base salary increase.

Effective the pay period including July 1, 2024, unit members shall receive a three percent (3.0%) base salary increase.

Effective the pay period including July 1, 2022, the City will add Step 6 to the salary schedule. All employees in the unit who have been at Step 5 for at least one year and whose last overall performance evaluation was a “meets standards” or better will move to Step 6 at that time. Other employees will move to Step 6 when they become eligible.

In addition to the above, each member of the bargaining unit employed on July 1, 2022 shall receive a lump sum payment of two thousand five hundred dollars ($2,500.00) which will be paid on the payday for the pay period including July 1, 2022.

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

ARTICLE 7, OVERTIME
Police Lieutenants shall be compensated for overtime worked at a rate of fifty percent (50%) above the employee’s regular hourly rate for the time worked in excess of forty (40) hours per work week. For the purpose of overtime computation, the forty (40) hours includes any leave of absence with pay. Police Lieutenants must be authorized by the Chief of Police or Police Captains to work overtime. Notwithstanding the work schedule utilized by the Department, the City has adopted the 28-day work period in accordance with Section 7(k) of the Fair Labor Standards Act.

The City will pay overtime as described above in excess of the requirements of the law. Both Police Captains and Police Lieutenants qualify as overtime exempt per the FLSA as managers who qualify for the Executive Exemption of the FLSA. Thus, the overtime provided herein is provided per this MOU and not per the requirements of the FLSA.

ARTICLE 8, SPECIAL COMPENSATION

8.1 Education Pay
A. POST Management Certification

PSPMA members shall receive five percent ( 5%) of base pay for possessing a Management Certification issued by Peace Officers Standards and Training (POST).

B. Education Incentive Pay

PSPMA members shall receive three percent (3%) of base pay for possessing a Bachelor’s Item 1D - 9
6 Degree (BA or BS) from a college or university accredited by either the Council for Higher Education Accreditation (“CHEA”) or the U.S. Department of Education (“USDE”).

PSPMA members shall receive five percent (5%) of base pay for possessing a Master’s Degree (MA) from a college or university accredited by either the Council for Higher Education Accredi tation (“CHEA”) or the U.S. Department of Education (“USDE”). An employee who receives pay for having a Master’s Degree shall not receive pay for having a Bachelor’s Degree.

If an employee has both a Master ’s Degree and a POST Management Certification, they shall receive four percent ( 3%) for the Master’s Degree and five percent (5%) for the Management Certification for a total of nine percent (9%).

The pay in Article 8.1 will be paid for employee’s regularly scheduled hours, not overtime hours.

The parties agree that to the extent permitted by law, the educational incentive pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(2) Educational Pay for the BA, BS or MA or Peace Officer Standards and Traini ng (POST) Pay for the POST Management Certification.

8.2 Bilingual Pay
Employees in the bargaining unit receiving bilingual pay as of November 1, 2020 shall receive up to five percent (5%) per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive two and half percent (2.5%) per month for passing the speaking and listening portion of the bilingual proficiency exam and an additional two and half percent (2.5%) per month for passing the writing portion of the bilingual proficiency exam.

Employees who either enter ed the bargaining unit after November 1, 2020 or who were in the bargaining unit as of that date who first become eligible for bilingual pay after that date, shall receive up to $250 per month for bilingual pay. As each employee recertifies for eligibility for bilingual pay, employees will be required to take both a speaking and listening and a writing bilingual proficiency examination. Employees shall receive one hundred and twenty five dollars ($125) per month for passing the speaking and listening portion of the bilingual proficiency exam and an additional one hundred and twenty five dollars ($125) per month for passing the writing portion of the bilingual proficiency exam.

The examinations shall be developed and administe red by the City to demonstrate fluency in reading and writing, and speaking and listening the desired second language. All employees receiving bilingual pay must take and pass the prescribed examinations for each skill (one for speaking and listening and the other for writing) every t wo years to continue to receive bilingual pay for each skill . An employee who passes one of the tests but not the other, will still be eligible to receive bilingual pay at either two and one half percent (2.5%) or $125 (as described above) per month for the skill passed. In addition, the employee may take a recertification examination after waiting at least three (3) months after taking the recertification examination to which the employee did not pass. If the employee does not pass that recertification Item 1D - 10
7 examination, the employee shall not be permitted to take the recertification examination for that skill until their two year cycle to recertify is has passed. The City will notify employees when they are required to re -test.

An employee receiv ing the pay who does not pass both recertification examination s is no t qualified to receive bilingual pay. If this occurs, the employee may be replaced by another employee who has passed either examination. If there are no other employees who are certified to receive bilingual pay for either skill, the employee may take the recertification examination s in both skills after waiting at least three (3) months after taking the initial recertification examinations to which the employee did not pass. If the employee passes one of the two examinations, they shall either receive two and one half percent (2.5%) or $125 (as described above) per month for bilingual pay. If the employee does not pass either or both of th ose subsequent recertification examinations, the employee shall not be permitted to take the recertification examination (s) for that skill until their two year cycle to recertify has passed. If the employee requalifies for bilingual pay and was receiving five percent (5%) or two and one half percent (2.5%) (if they have only passed one of the recertification examinations), they shall go back to receiving the percentage for bilingual pay, not the flat dollar amount of $250 or $125.

The Human Resources Department will coordinate the recertification examination for each employee receiving bilingual pay.

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

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

8.3 Longevity Pay
Effective the p ay period including July 1, 2022, employees in this bargaining unit shall receive longevity pay set forth below based on their years of service in a full-time sworn law enforcement position with the City of Palm Springs or sworn law enforcement position with anoth er law enforcement agency as follows:

10 years – 11 years and 364 days – 2.50%
12 years – 13 years and 364 days – 3.50%
14 years – 15 years and 364 days – 4.50%
16 years – 17 years and 364 days – 6.0%
18 years – 19 years and 364 days – 7.50%
20 years or more – 10.0%

The above percentages are of base pay and are paid for regularly scheduled hours, not overtime hours.

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

Item 1D - 11
8 The parties agree that to the extent permitted by law, longevity pay is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) Longevity Pay.

ARTICLE 9, UNIFORM AND SAFETY EQUIPMENT ALLOWANCE, AND PROVISION OF

CELL PHONE
The City agrees to pay one hundred and twenty five dollars ($125) per month for a uniform allowance to each employee as a reimbursement for expenses incurred for acquisition and maintenance of uniforms.

The parties agree that to the extent permitted by law, uniform allowance shall be reported to CalPERS as such pursuant to Title 2, CCR 571(a)(5) and the City will report as special compensation, the value of the uniforms for a unit member who is a classic member employee per the Public Employees’ Pension Reform Act of 2013 (PEPRA). “New members” as defined by the PEPRA will not have the value of the uniforms reported as special compensation.

The City agrees to pay ten dollars ($10) per month for a safety equipment allowance to each employee as a reimbursement for expenses incurred for acquisition and maintenance of safety equipment.

The City will provide each employee a City provided cell phone.

ARTICLE 10, MILEAGE
Reimbursement for personal vehicle use shall be at prevailing IRS rate. Where extensive vehicle travel is required, a City vehicle should be provided, and the auto allowance will not be removed until the issue is reconciled.

Item 1D - 12
9 BENEFITS
ARTICLE 11, HEALTH, DENTAL, VISION, AND OTHER INSURANCE This article sets forth various insurance benefits available to Unit members. The amounts provided by the City for health, dental and vision insurance for 20 22 are set forth below. In the event that the premium charges for the health, dental or vision benefits exceed the total premium costs for the prior year by 4% or more the amount of the excess shall be paid by the Unit member through a payroll deduction. Each calendar year, the City will pay up to a 4% increase above the prior year’s premium rates. The above explanation of the health, vision and dental contributions are described with the following example involving the 2020-2022 rates:

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

In 2020, the Blue Shield single party rate was $1,000.48.

In 2021, the rate decreased to $986.03.

In 2021, the employee paid no additional increase.

In 2022, that same rate went up to $1,018.36. The parties agree that it was the City’s responsibility to pay the first 4% of the 2022 increase on top of the 2021 premium. The employee pays no increase for 2022 as the premium amount did not exceed the 4% that the City contributes.

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

11.1 Health, Dental and Vision Insurance
The City agrees to contribute up t o the amounts below for calendar year s 2020 and 2021 for Unit members toward Health (including hospitalization, drug coverage through such program(s )) Dental and Vision insurance. Unit members will sign verification of dependent eligibility annually at ope n enrollment.

January 1, 2022
Type of Coverage Health Dental Vision
Single Party $1,018.36 $38.37 $13.42
Two-Party $1,954.72 $56.20 $13.42
Family $2,071.37 $84.36 $13.42

Item 1D - 13
A.

D.
10 The City of Palm Springs provides Domestic Partner Coverage to the current health, dental and vision insurance. The enrollee must provide a copy of the Declaration of Domestic Partnership, Statement of Financial Liability for Domestic Partnership, Statement of Financial Liability for Domestic Partner Health Benefits, and Affidavit of Eligibility for Economically Dependent Children to the City. The City will use the same enrollment policies for domestic partnerships as are currently used for traditional marriages or as provided by the requirements of the insurance carrier.

For medical coverage, if an employee elects to opt out of coverage offered by the City, they must provide proof of “minimum essential coverage” (as defined by the Affordable Care Act) through another source (other than coverage in the individual market, whether or not obtained through Covered California).

11.2 Term Life Insurance
The City agrees to provide ($50,000) Term Life Insurance coverage at no cost t o employees in the unit.

11.3 AD&D Coverage
The City agrees to provide coverage of $50,000 for Accidental Death and Dismemberment (AD&D).

ARTICLE 12, HEALTH INSURANCE FOR RETIREES
A. Tier I:

Bargaining unit members hired prior to (or received a written offer of employment) October 20, 2005, shall receive health insurance for retirees as follows:

1. After 20 years of continuous full- time service, 75% of the premium for retiree health insurance coverage will be paid by the City.

2. After 25 years of continuous full -time service, 100% of the premium for retiree health insurance coverage will be paid by the City.

The City’s contribution as described above will be based on the coverage type (single, two- party or family) chosen by the employee at the time of retirement.

In the event of the employee’s death, the City’s contribution will end. The surviving spouse may remain on the plan as a retiree without a City contribution to the premium.

3. Retired employees who have not completed 20 years of continuous City service (except for the two-year service credit option described in paragraph 1 below), shall be entitled to participate at their own cost in the health, hospitalization and drug coverage plan.

All Employees who become eligible to receive Medicare must enroll in Medicare Part A and B to remain eligible to receive the above contributions.

4. Service Credit for Health Insurance For Retirees in Tier 1

Item 1D - 14
11 Employees in Tier 1 shall be eligible for two years of service credit for the purpose of being eligible for retiree health insurance (e.g., an employee with 18 years of continuous service will be eligible for the benefits available to those with 20 years of continuous service) if in the month of June the employee makes an irrevoc able offer to retire (which will be immediately accepted by the City) by no earlier than ninety (90) days from the date of notice or later than December 31 of that same calendar year.

Tier II:

For all employees initially hired by the City after October 20, 2005, there will be no City contribution for retiree health benefits. The City will, however, make a $100.00 per month contribution (to such employees’ Retiree Health Savings Plan) and the Ci ty will also pay the cost of the administration of the Plan.

ARTICLE 13, RETIREMENT

13.1 Retirement Formula
Unit members (and not “new members as defined by the Public Employees’ Pension Reform Act of 2013 - PEPRA) hired prior to June 17, 2011, are covered by the 3% @ 50 formula provided for by the Public Employees’ Retirement Law at Government Code section 21362.2. These employees’ retirement will be calculated pursuant to the optional benefit (in the City’s contract with CalPERS) of single highest twelve-month period.

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

Unit members who are defined as “new members” under the PEPRA, are covered by the 2.7%@ 57 formula provided for by the PEPRA at Government Code section 7522.25(d). These employees’ retirement will be calculated per the three -year average final compensation as provided for by the PEPRA per Government Code section 7522.32(a).

13.2 Employee Contributions to the Retirement System
Employees subject to the 3%@50 and 3%@55 formula hired:

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

These employees also pay an additional three percent (3%) of compensation earnable of the employer rate as cost sharing (per Government Code Section 20516(f)). If, at any time in the future, the Association informs the City that it no longer agrees to this cost sharing agreement, effective on the date of the elimination of the cost sharing (which would need to coincide with the expiration date of the MOU) the base salary of all employees in the bargaining unit will be reduced by three percent (3%).

The twelve percent (12%) employee contribution is 9% member and 3% cost sharing.

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

Item 1D - 15
B.

B.
12 Unit members who are defined as “new members” under the PEPRA, are covered by the

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

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

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

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

13.4 Optional Benefits
A. The City contracts with CalPERS for the following optional benefits:

B. Pre-retirement death benefits to continue after remarriage of survivor – Government Code section 21551

C. Death Benefit – Government Code section 21620

D. Post Retirement Survivor Allowance – Government Code sections 21624/26/28 and 21635

E. 1959 Survivor Benefit Level 4– Government Code section 21574

F. Military Relocation Credit - Government Code section 21024

G. Final Compensation Period One Year - Government Code section 20042 for classic members

H. 2% Cost of Living Allowance - Government Code section 21329

I. Prior Service - Government Code section 20055

Item 1D - 16
13 WORK HOURS/LEAVE
ARTICLE 14, WORK SCHEDULE
Association members work a 4/10 work schedule during times that are at the discretion of the Chief of Police. Any unit member whose work schedule is changed may request a meeting with the Chief of Police to discuss the change.

ARTICLE 15, ANNUAL LEAVE
Unit members shall be eligible to use annual leave once it is accrued. Annual leave shall accrue to a maximum of four hundred (400) hours. Although employees have the ability to cash out annual leave as addressed below, once an employee accrues 400 hours, they will not accrue additional annual leave until their accrual drops below 400 hours.

By December 15 of each year, employees may make an irrevocable election to cash out up to the maximum number of hours of annual leave which they can accrue per year which will be earned in the following calendar year at the employee’s base rate of pay. In the following year, the employee can receive the cash for the annual leave they irrevocably elected to cash out in either two (2) separate increments of up to half their annual accrual cap (i.e., for those who accrue 16.67 hours per month - 200 hours per year, 100 hours each) or one (1) increment of up the maximum they can accrue in a year.

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

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

In addition to the above, an employee who did not make an irrevocable election to cash out the maximum permitted above (i.e., up to 200 hours per year) may be able to do so if they have an “unforeseen emergency” (defined as an unanticipated emergency that is caused by an event beyond the control of the employee and that would result in severe financial hardship to the employee if early withdrawal were not permitted). A determination as to whether an “unforeseen emergency” exists shall be determined by the Human Resources Director at their discretion and not subject to the filing of a grievance. If such a request is made and granted, the employee will be able to cash out annual leave as described above (i.e., up to 100 hours with the second pay day in July and the first pay day in December or the entire 200 hours with the first pay day in July). Un der no circumstances may an employee cash out more annual leave than the employee has accrued or more than the maximum allowed to be cashed out in this Section. An employee who irrevocably elected to cash out less than 200 hours of annual leave will have the Item 1D - 17
14 ability to increase it to 200 hours if they have an unforeseen emergency.

Members shall accrue annual leave on a monthly basis in accordance with the following schedule:

Years of Service Hours Accrued Monthly
0 Through 5 12
6 Through 10 14
11 and after 16.67

Annual leave is vested. This means that once earned, it cannot be taken away by the City.

Association members can either use the annual leave or cash it out as described in this Article.

ARTICLE 16, HOLIDAYS
Unit members shall receive in lieu of all City recognized holidays, 4.00 hours per pay period (the 24 pay periods when holiday in lieu pay is paid to employees) at their straight time hourly rate.

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

ARTICLE 17, SICK LEAVE
Sick leave shall accrue at a rate of ten (10) hours of sick leave per month to a maximum of five hundred and twenty (520) hours. Employees who accumulate over 520 sick leave hours will have an opportunity to cash out the excess hours over the 520 sick leave hours twice per year on the last pay day of July and the first pay day of December. Employees will have the option of depositing the excess hours into their deferred compensation account or converting the excess hours to taxable cash (as income). If an employee does not exercise the option to deposit the excess hours into their deferred compensation account or convert it to taxable cash, the hours will be converted to cash by the City. Thus, following the final pay day in December, unit members shall not have more than 520 hours of accrued sick leave in their sick leave account.

ARTICLE 18, DISPOSITION OF SICK , EXCESS SICK AND ANNUAL LEAVE UPON

RETIREMENT
Accrued sick and excess sick leave shall be paid upon retirement from the City service. Upon separation all unpaid accrued and vested annual leave will be paid at the employee's current salary rate. All unpaid accrued and vested annual leave of deceased employees shall be paid to the estate of said deceased except as otherwise provided by law. Employees in the Association may designate who shall receive their final paycheck, including the cash out of accrued leave.

Item 1D - 18
15 EMPLOYER/EMPLOYEE RELATIONS
ARTICLE 19, DRUG POLICY/DRUG SCREENING
This policy is attached and incorporated by reference into this Agreement as Exhibit B.

ARTICLE 20, PAYROLL DEDUCTION
The City will provide payroll deductions at request of the Association for dues, assessments, and other deductions authorized by the Association. Remittance will be bi -weekly to the Association's treasurer.

ARTICLE 21, STRIKES AND WORK STOPPAGE

21.1 Prohibited Conduct
The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike, walkout, slowdown, sick out, or any other unlawful job action by withholding or refusing to perform services.

Any employee who participates in any prohibited conduct listed above may be subject to suspension, demotion, or dismissal by the City.

In addition to any other lawful remedies or disciplinary actions available to the City, if the Association fails, in good faith, to perform all responsibilities listed below as Association Responsibility, the City may suspend any and all rights and privileges accorded to the Association in this Agreement, including but not limited to suspension of the Grievance Review Procedure and Dues Deduction.

21.2 Association Responsibility
In the event that the Association, its officers, agents, representatives, or members engage in any Prohibited Conduct, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation of this Agreement and unlawful, and they must immediately cease engaging in conduct prohibited in Article 21.1 and return to work.

ARTICLE 22, GRIEVANCE PROCEDURE

22.1 Definition of Grievance
A. A “Grievance” is a dispute of one or more employees or a dispute between one or more employees involving the interpretation, application or enforcement of the provisions of the MOU, or of the Personnel Rules and Regulations that are within the statutory sc ope of representation, and for which there is no specific method of review provided by federal, State or local law. A grievance may also be filed by the Association. Whenever a grievance is filed by an employee, the City will promptly notify the Association.

B. Personnel rules 4.3.3 or 7.7 are excluded from the grievance procedure as well as any other rules as specified and complaints involving harassment shall be handled by a separate procedure.

Item 1D - 19
16 C. Release or lay -off of employees during an initial probationary period after hire, reinstatement, or reemployment is not subject to the grievance procedure.

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

B. Initiation - A Unit employee must initiate the grievance within fifteen (15) days of the occurrence of the event giving rise to the grievance or within fifteen (15) days after the grievant should, with reasonable diligence, have had knowledge of such occurrence, whichever is later.

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

D. Failure to Submit to Next Level - If a Unit employee fails to submit from one level to the next level within the time limits and in the manner provided under the grievance procedure, the grievance shall not be subject to further consideration and will be deemed resolved.

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

F. Outside of Authority - If the supervisor, manager , or department head designated by the grievance procedure below to receive the grievance determines that they do not have the authority to resolve it, that supervisor, manager, or department head, shall so inform the grievant and forward the grievance to the next higher level of supervision with authority to resolve it, if applicable, or advise the grievant in writing they may continue to the next level in the process.

22.3 Informal Resolution
A. The responsibility of a Unit employee with a bona fide grievance concerning terms and conditions of employment is to promptly inform and discuss the grievance with the department supervisor or designee in order to, in good faith, endeavor to resolve the matter expeditiously and informally.

B. If such informal discussion does not resolve the gr ievance to the Unit employee’s satisfaction, such employee may file a formal grievance in accordance with the procedure set forth in this section.

22.4 Procedure
A. The Unit employee shall provide the grievance in writing, with signature and date, and submit it to their immediate supervisor within fifteen (15) days of the initial commencement of the occurrence being grieved. The supervisor shall further consider and discuss the grievance with the Unit employee and such employee’s designated representative as deemed appropriate, Item 1D - 20
17 and shall, within fifteen (15) days of having received the written grievance, submit a response thereto in writing to the employee and the employee’s representative, if applicable.

B. If the written response of the immediate supervisor does not result in a resolution of the grievance, the Unit employee may further submit the grievance, by presenting a written request, with date and signature, to the Unit employee’s department head within seven (7) days of the Unit employee’s receipt of the supervisor’s response. The department head may investigate the grievance and may set a meeting with the Unit employee, employee’s designated representative, and other persons as deemed appropriate to c onsider the grievance. Within thirty (30) days of receipt of the grievance by the department head, the department head shall submit a response to the grievance to the Unit employee and employee’s representative, if applicable.

C. If the response by the department head, does not result in a resolution of the grievance, the Unit employee may further submit the grievance, by presenting a written request, with date and signature to the Human Resources Director, for submission to the Office of the City Manager, within seven (7) days of the unit employee’s receipt of the department head’s response. The City Manager or designated representative may set a meeting with the Unit employee, employee’s designated representative, and other persons as deemed appropriate, to consider the grievance. Within thirty (30) days of receipt of the grievance the City Manager or designated representative shall submit a response to the Unit employee and employee’s representative, if applicable. The decision of the City Manager Office is final and binding.

D. This grievance procedure is the sole and exclusive method for alleging a violation, misinterpretation or misapplication of any provision of this MOU or for bringing any grievance as defined in Section 22.1A.

ARTICLE 23, DISCIPLINARY APPEALS PROCESS
The disciplinary appeals process is as follows:

23.1 Property Interest Discipline
A. Appeals Procedure

1. If an appeal of a dismissal, suspension, demotion or reduction in salary is filed with the Director of Human Resources within ten (10) days of receipt of a writt en notice of discipline, this process will be used which includes the use of a hearing officer.

2. The City and the employee or their representative may agree on the hearing officer. If they cannot agree, the hearing officer shall be chosen from a panel of seven (7) hearing officers from a list provided State Mediation and Conciliation Service. The parties shall alternately strike names until one hearing officer remains. The parties shall flip a coin with the winner of the coin flip getting to choose whether to strike the first name or the second name. Names will be struck until the hearing officer is selected.

3. The hearing officer shall submit an advisory decision setting forth findings, conclusions, and recommendations to the City Council.

Item 1D - 21
18 B. Hearings

1. The hearing shall commence no more than ninety (90) calendar days from the date the hearing officer is selected provided that the parties may agree to a longer period to commence the hearing.

2. All disciplinary hearings shall be closed to the public unless the affected employee requests that the hearing be open to the public.

3. The hearing need not be conducted in accordance with technical rules relating t o evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule, which mi ght make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil and criminal actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission and exclusion of evidence.

4. Each party shall have these rights: to be represented by legal counsel or other person of their choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called the witness to testify; and to rebut the evidence against them. If the employee appealing the discipline does not testify on their own behalf, they may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing. The cost of the reporter will be paid for by the City. However, if the employee wants to order a transcript the City will not pay for the cost of that transcript. The cost of the hearing officer will be paid for by the City.

5. The hearing shall proceed in the following order, unless the hearing otherwise directs:

a. Opening statements shall be permitted with the City proceeding first.

b. The City shall proceed first in the hearing. If witnesses are called, the opposing party shall have the right to cross -examine the witnesses on any matter r elevant to the issues, even though that matter was not covered on direct examination.

c. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason permits them to offer evidence upon their original case.

d. Closing arguments and written briefs shall be permitted.

e. The hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. The hearing officer shall base findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, Item 1D - 22
19 shall be excluded from the hearing unless the hearing officer, for good cause, otherwise directs. The hearing officer, prior to or during a hearing, may grant a continuance for any reason believed to be important to reaching a fair and proper decision.

f. The hearing officer may recommend sustaining, rejecting, or mo difying the disciplinary action but not increasing the proposed discipline.

6. The hearing officer's findings, conclusion and recommendations shall be filed with the Director of Human Resources, who will forward them to the City Manager who then forward to the City Council. The City Council, in its sole discretion, may hear limited oral arguments and/or request written statements from either party on the hearing officer’s advisory decision. The City Council shall inform the employee appealing the discipline of its decision regarding the appeal within sixty (60) calendar days of the receipt of the hearing officer's report. The City Council may sustain, reject, or modify the findings of the hearing officer but cannot increase the discipline proposed by the City. However, the City Council may extend the time to issue its decision beyond the sixty (60) calendar day period if it believes it is necessary. The decision of the City Council regarding the appeal shall be the final step in the administrative appeal process. However, any disciplinary action is deemed final as of the effective date. Copies of the City Council's decision, including the hearing officer's report shall be filed where appropriate, including the employee's personnel file. The City Council’s decision is subject to review by a superior court pursuant to Code of Civil Procedure Section 1094.6.

7. Subpoenas and s ubpoenas duces tecum pertaining to the hearing shall be issued at the request of either party, not less than ten (10) calendar days prior to the commencement of the hearing; after commencement, subpoenas shall be issued only at the discretion of the hearing officer.

8. The time limits specified at any step in this procedure may be extended or reduced by written agreement of the employee or representative and the representative for the City.

23.2 Appeals Procedures for Punitive Action For Which There Is No Property Interest Appeals Procedure:

In accordance with Government Code section 3304.5, the following procedure shall be used if an employee is subject to punitive action which does not implicate a property interest as defined by the Public Safety Officers’ Procedural Bill of Rights Act that does not involve termination from employment, demotion, suspension or a reduction of pay.

1. Appeal to the Police Chief or Designee

a. An employee who receives notice of a punitive action shall be entitled to appeal the action to the Police Chief prior to the effective date of the punitive action. The appeal is an opportunity for the employee to present written material and arguments why a punitive action should not occur or offer alternatives to the action.

b. Notice of Appeal: Within fourteen (14) calendar days of receipt by an employee of notification of a punitive action, the employee shall notify the Police Chief in writing Item 1D - 23
A.
20 of the intent to appeal the punitive action. The notice of appeal shall specify the action being appealed and the substantive and procedural grounds for the appeal.

Nothing in this section shall limit the right of the Department to institute disciplinary action, notwithstanding that an appeal may be pending.

2. Hearing

a. Hearing Officer: The Police Chief or designee shall act as the hearing officer. The Police Chief shall have twenty (20) days from receipt of the request to schedule an appeal hearing. The hearing shall take place within ninety (90) calendar days of the date the employee a ppealed the punitive action, or such other time as may be agreeable by the parties.

b. Burden of Proof:

(1) If the action being appealed does not involve allegations of misconduct (i.e., allegations that the officer has violated one or more federal, state, or local laws, and/or City or Police Department regulations, procedures, or rules) the limited purpose of the hearing shall be to provide the employee the opportunity to establish a record of the circumstances surrounding the action. The City’s burden shall be satisfied if the City establishes that the action was reasonable, even though reasonable persons might disagree about whether the action was the best one under the circumstances.

For example, if the Police Department affected a non- disciplinary transfer of an employee out of a premium pay assignment with the intent of affording other employees the opportunity to work in the assignment, the decision would not be subject to being over turned as long as it was reasonable, even if one or more persons might disagree with the decision.

(2) If the punitive action involves charges of misconduct, (i.e., allegations that the employee has violated one or more laws, regulations, procedures, or rules), the City shall have the burden of proving by a preponderance of the evidence the facts which form the basis for the charge of misconduct and the burden of persuasion that the punitive action was reasonable under the circumstances.

For example, if an e mployee received a written reprimand for unauthorized absence from work then the City would bear the burden of proving that the employee was absent from work without authorization and that a written reprimand was reasonable under the circumstances.

c. Conduct of Hearing:

The formal rules of evidence do not apply, although the Hearing Officer shall have discretion to exclude evidence which is incompetent, not relevant or cumulative, or the presentation of which will otherwise consume undue time. The rules of privilege shall be observed.

(1) The parties may present arguments through documents and statements.

Item 1D - 24
21 (2) If the punitive action being appealed is a written reprimand, the parties will not be entitled to confront and cross-examine witnesses.

(3) Following t he presentation of written material and statements, the involved parties may submit closing arguments orally or in writing for consideration by the hearing officer.

(4) Representation: The employee may be represented by an association representative or attorney of their choice.

d. Decision:

After the hearing, a decision will be submitted in writing within forty-five (45) calendar days. The decision shall be served by first class mail, postage pre- paid, upon the employee as well as any attorney or representative, shall be accompanied by an affidavit or certificate of mailing, and shall advise the employee that the time within which judicial review of the decision may be sought is governed by Code of Civil Procedure § 1094.5.

ARTICLE 24, TAKE HOME VEHICLE PROGRAM
This policy is attached and incorporated by reference into this Agreement as Exhibit A.

Item 1D - 25
22 APPENDIX A. TAKE HOME VEHICLES
POLICY
The City Manager shall authorize take home vehicles for members of the bargaining unit living within either the Palm Springs city limits, or in certain instances, within 50 miles of the Palm Springs Police Department 200 S Civic Drive, Palm Springs, CA 92262 as determined by Google Maps or another map software agreeable to both parties using driving directions.

USE OF CAR
The take home vehicle is to be used in a manner that facilitates immediate response of the officer in case of call out. Use of the vehicle is restricted to a 50-mile radius using driving directions from the City Palm Springs Police Department 200 S Civic Drive, Palm Springs, CA 92262. A unit member who is assigned a take home vehicle may use the vehicle to commute back and forth to work, including stopping on the normal route for personal purposes. However, the take home vehicle is not to be used as the unit member’s personal car when not commuting to or from work.

This includes, but is not limited to, that the unit member is not to use the vehicle on days when the member is not working as well as on work days if not commuting to or from work. For unmarked vehicles, the unit member may transport members of their immediate family in the unit if doing so during their normal commute to or from work.

Unit members who are assigned to attend training classes, responding to a City of Palm Springs job-related court subpoena, or attending any other Department sanctioned event outside the City of Palm Springs, may use their assigned vehicle to attend the event.

Unit members who are not assigned a take home vehicle shall park their assigned vehicle at the police department. Those unit members have the option of responding to court or other department sanctioned events outside the City of Palm Springs either from the department in their assigned vehicle, or from their home, using their own vehicles and putting in for mileage reimbursement.

DUTY TO RESPOND
Unit members driving a take home vehicle may not ignore stranded or disabled motorists, traffic collisions, or any hazardous conditions they observe. The unit member must have the equipment necessary to respond and shall activate the radio, notify Dispatch of the situation and take action if deemed appropriate.

PARKING
Unit members who are not assigned a take home vehicle shall park their assigned vehicle at the police department or other City of Palm Springs facility as directed by the Chief of Police.

MAINTENANCE
It is the responsibility of the employees to keep their vehicles clean. The City's contract car wash may be used as often as necessary to keep vehicles in a presentable condition. It is the employee’s responsibility to make their assigned vehicle available to the City Shop for scheduled maintenance or when notified that additional service is required.

SUSPENSION OF PRIVILEGE
The take home vehicle privilege may be suspended if the unit member has two or more preventable accidents within a three-year period, or if they fail to follow the guidelines set forth in this policy.

Item 1D - 26
23 APPENDIX B - DRUG POLICY/DRUG SCREENING
The Ci ty of Palm Springs and the Association have a vital interest in maintaining safe, healthful, and efficient working conditions. Being under the influence of a drug or alcohol on the job may pose serious safety and health risks not only to the user but also to co- workers and the citizens of Palm Springs. The possession, use or sale of an illegal drug, marijuana or of alc ohol on t he job also poses unacceptable risks for s afe, healthful and efficient operations. "On t he j ob" means while on City premises, at work locati ons, or while on duty or being compensated on an "on call status".

PSP
MA and the City recognize that their future is dependent on the physical and psychological well-being of all employees. PSPMA and the City mutually acknowledge that a drug and alcohol- free work environment benefits employees and citizens, and members agree to comply with this policy at such time as a mutually agreed upon employee assistance program is in place.

The purpose of this article is to define the City's drug and alcohol policy as well as the possible consequences of policy violation.

SECTION 1
Possession, sale, use or being under the influence of drugs or alcohol while on the job is strictly prohibited.

SECTION 2
When reasonable suspicion exists, the City may require an employee to s ubmit to a substance screening. The employee w ill be giv en t he option to select a bl ood test or u rinalysis.

Reasonable suspicion is cause based upon objective facts sufficient to lead a reasonably prudent supervisor to suspect that an employee is under the influence of drugs or alcohol so that the employee's ability to perform the functions of the job is impaired or so that the employee's ability to perform their job safely is reduced.

SECTION 3
Any manager or supervisor requesting an employee to s ubmit to a s ubstance screening shall document in w riting the facts constituting reasonable suspicion and shall give t he employee a copy. This r eport must advise the employee of the right to r epresentation. The employee s hall be given an opportunity to provide additional facts. An employee who is then ordered to submit to a substance abuse screening may request to be represented. Because time is of the essence in drug screening, a representative must be available within a r easonable time or the employee will then be orde red to submit to a substance screening. Any employee w ho refuses to s ubmit to a s ubstance screening may be considered insubordinate and shall be subject to di sciplinary action up to and including termination.

SECTION 4
The supervisor, or designee, shall transport the suspected employee to the testing facility or shall call to the Police Station a licensed phlebotomist who will draw blood samples, when a blood test is selected. Urine samples shall be taken at the Police Station under supervision of the supervisor.

Testing shall occur on City time and be paid for by the City. Employee urine samples, or other body Item 1D - 27
24 fluids, will be collected in a DOX Security Container System or other system that includes methods or mechanisms designed to assure the integrity of the sample. The facility used for testing shall be certifi ed by t he National Institute of Drug Abuse and comply with established guidelines for "chain of custody" to insure t hat i dentity and integ rity of t he s ample is preserv ed thr oughout the collecting, shipping, testing and storage process.

SECTION 5
Any positive test for alc ohol or drugs w ill be c onfirmed by a scientifically s ound method. An employee who tests positive on a c onfirmatory test w ill be given the opportunity to discuss the results with a physician to be designated by the City. The employee should be prepared at that time to s how proof of any valid medical prescription for any detected substance or to otherwise explain, if the employee so chooses, a positive test result.

SECTION 6
While use of medically prescribed medications and drugs is not per se a violation of this policy, this policy shall establish that no employee shall operate a City vehicle or dangerous machinery or equipment while taking any kind of medication or drugs whi ch are clearly marked that they may cause significant drowsiness or impair an employee's performance. An employee shall notify their supervisor, before beginning work, when taking such medications or drugs. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a physician designated by the City may be required. The City reserves the right to send an employee home on sick leave under these ci rcumstances.

SECTION 7
Employees with substance abuse problems are encouraged to participate voluntarily in the City- sponsored Employee Assistance Program (EAP). Assistance through the EAP may be sought by an employee with c omplete c onfidentiality and wit hout adverse consequences to their employment. E mployees should be aware, however, that a request for assistance through the EAP will not insulate the employee from disciplinary action already contemplated.

Depending upon the facts surrounding the reasonable suspicion determination, positive test result, and/or other violation of this policy or other City/department rules and regulations, the City will refer an employee to the EAP. Such referral could, at the discretion of the City, be made available to the employee as an alternative to disciplinary action. Referral would be subject to agreement by t he employee to enroll, participate i n and su ccessfully c omplete a r ehabilitation and/or counseling program and ot her terms and conditions in a "Last Chance Agreement."

Item 1D - 28
25 PALM SPRINGS POLICE MANAGEMENT ASSOCIATION REPRESENTATIVE

Date:

By:

PMA President Signature

By:

PMA Vice President Signature

By:

PMA Member Signature

By:

PMA Member Signature

By:

PMA Bargaining Team Representative Signature

CITY OF PALM SPRINGS

Date:

By: By:

City Manager Labor Attorney

Attest:

By: By:

City Clerk Director of Human Resources

Approved to form:

By:

City Attorney

Item 1D - 29
Council Approval :

CITY COUNCIL STAFF REPORT
06/30/2022 1. E.

City Clerk -

SUBJECT
TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2022
RECOMMENDATION:

Receive and File Treasurer’s Investment Report as of January 31, 2022.

Attachments
Item 1E

CITY COUNCIL STAFF REPORT
DATE: J
UNE 30, 2022 CONSENT CALENDAR
SUBJECT: TREASURER’S INVESTMENT REPORT AS OF JANUARY 31, 2022 FROM: Justin Clifton, City Manager
BY: D epart
ment of Finance and Treasury
SUMMARY:

Att
ached is the Treasurer's Investment Report as of January 31 , 202 2. The report includes the face value and coupon rate (if applicable) of the investments and the source for the market value estimate. The City’s total invested cash and marketable securities is $318,571,020. There is an additional $8, 400,302 held by a fiscal agent for bond issue reserves, debt service, and related funds, and $8, 400,302 in other miscellaneous accounts.

RECOMMENDATION:

Recei
ve and File Treasurer’s Investment Report as of January 31, 2022.

STAFF ANALYSIS:

The att
ached report includes the face value and coupon rate (if applicable) of the investments and the source for the market value estimate. Also included is information on the investments of bond issue reserve, debt service and related funds.

The investments, in type, maturity and as a percentage of the total portfolio are in compliance with the existing City Council approved investment policy.

The weighted average maturity (WAM) of the portfolio is 330 days. The maximum WAM allowed by the Investment Policy is 1 ,095 days. The current portfolio and expected revenue cash flow will be sufficient to meet budgeted expenditure requirements for the next six months and the foreseeable future thereafter.

FISCAL IMPACT:

None.

Item 1E - 1
City Council Staff Report
June 30, 2022-- Page 2
Treasurer’s Investment Report as of January 31, 2022

REVIEWED BY:

Department Director: Nancy Pauley
City Manager: Justin Clifton

ATTACHMENTS:

A. Treasurer’s Investment Report
Item 1E - 2

CITY OF PALM SPRINGS

TREASURER'S MONTHLY REPORT

SUMMARY OF INVESTMENTS
January 31, 2022
Adjusted Basis Category Total Percentage of Total
On Call Deposits
Checking Account - Bank of America 27,740,898
Wells Fargo Custody 15,997,335
CalTrust Short Term 50,627,437
LAIF State Pool 72,588,407 166,954,077 $ 52.39% Short Term Investments - Union Bank
(1 year or less)
U.S. Government Agencies 32,404,657 32,404,657 10.17%
Medium Term Investments - Union Bank
(1 year to 5 years)
U.S. Government Agencies 84,311,653 84,311,653 26.46%
Corporate Bonds/Obligations - Union Bank (5 years or less) Corporate Bonds 27,998,200 27,998,200 8.79%
Supernational (5 years or less) 5,003,625 5,003,625 1.57% Negotiable Certificates of Deposit - Union Bank
(5 years or less)
FDIC-Insured CD's 2,000,000 2,000,000 0.63%
Total Cash and Marketable Securities 318,672,212 $ 100.00% Adjustments from prior month (101,192)
Ending Cash Balance: 318,571,020$
1 Item 1E - 3

CITY COUNCIL STAFF REPORT
06/30/2022 1. F.

City Clerk -

SUBJECT

APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSEMENTS FOR THE PERIOD ENDING 05-14-22 AND 05-28-22 TOTALING $3,736,825.75 AND ACCOUNTS PAYABLE WARRANTS DATED 05-12-22 AND 05-26-22 TOTALING $5,825,018.10, IN THE AGGREGATE AMOUNT OF $9,561,843.85, DRAWN ON BANK OF AMERICA.

Attachments
Item 1F
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS/ DISBURSEMENTS FOR THE
PERIOD ENDING 05- 14-22 AND 05-28-22 TOTALING
$3,736,825.75 AND ACCOUNTS PAYABLE WARRANTS
DATED 05-12-22 AND 05-26-22 TOTALING $5,825,018.10,
IN THE AGGREGATE AMOUNT OF $9,561,843.85, DRAWN
ON BANK OF AMERICA.

WHEREAS the Director of Finance has, in accordance with Chapter 3.16 of the Palm Springs Municipal Code, audited the payroll records covering the subject warrants and audited the claims and demands shown on the attached list; and

WHEREAS the Director of Finance hereby certifies to the accuracy of said records and to the availability of funds for payment.

Nancy A. Pauley
Director of Finance and Treasurer

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, that payroll warrants, claims, demands and liability checks have been audited as required by law and that said warrants are hereby approved for payment.

ADOPTED THIS 30TH DAY OF JUNE, 2022
.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 1F - 1
Resolution No. _____

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, 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 1F - 2

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Nancy A. Pauley, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 1,841,413.84
DEFERRED COMP: NATIONWIDE 22,462.63
ICMA RHS CONTRIBUTION 19,025.00
CA DCCS 2,522.04
DEFERRED COMP: ICMA 457 38,633.84
LIABILITY CHECK REGISTER 2004438-2004451 25,495.77
PAYROLL DIRECT DEPOSITS 1,347,412.05
FEDERAL TAXES 259,609.55
STATE TAXES 83,822.34
10,641.54
NY LIFE SUPPLMNTL INS 3,180.15
Transaction Type Check Numbers
Amount
PAYROLL CHECK REGISTER 422004-422020 28,608.93
PAY DATE 5/20/2022
June 30, 2022
PAYROLL PERIOD ENDING 5/14/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 06302022 |6/8/2022 | 3:30 PM (AM) 1 | 1 Item 1F - 3

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Nancy A. Pauley, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
TOTAL 1,895,411.91
DEFERRED COMP: NATIONWIDE 23,440.63
ICMA RHS CONTRIBUTION 19,400.00
CA DCCS 2,522.04
STATE TAXES 87,745.27
10,646.54
NY LIFE SUPPLMNTL INS 3,173.09
DEFERRED COMP: ICMA 457 37,689.67
LIABILITY CHECK REGISTER 2004617-2004630 25,759.89
PAYROLL DIRECT DEPOSITS 1,392,089.66
FEDERAL TAXES 268,437.87
Transaction Type Check Numbers
Amount
PAYROLL CHECK REGISTER 422021-422035 24,507.25
June 30, 2022
PAYROLL PERIOD ENDING 5/28/2022
PAY DATE 6/3/2022
Payroll Wires and Warrants Memo for Council 2022.xlsx | 06302022 (2) |6/8/2022 | 3:20 PM (AM) 1 | 1 Item 1F - 4
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/12/2022 12:25
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004208 05/12/2022 PRINTED 100824 15000 INC 3,990.00 2004209 05/12/2022 PRINTED 103727 ABBE & ASSOCIATES LLC 14,739.47 2004210 05/12/2022 PRINTED 100315 ACE PARKING MANAGEMENT IN 30,551.52 2004211 05/12/2022 PRINTED 101263 ACTION PARK ALLIANCE 24,500.00 2004212 05/12/2022 PRINTED 103817 ALLIED 100 LLC 5,031.95 2004213 05/12/2022 PRINTED 101028 AEG BUREAU OF TOURISM 104,159.58 2004214 05/12/2022 PRINTED 101028 AEG BUREAU OF TOURISM 167,833.33 2004215 05/12/2022 PRINTED 101028 AEG BUREAU OF TOURISM 167,833.33 2004216 05/12/2022 PRINTED 101028 AEG BUREAU OF TOURISM 138,333.33 2004217 05/12/2022 PRINTED 101028 AEG BUREAU OF TOURISM 138,333.33 2004218 05/12/2022 PRINTED 101028 AEG BUREAU OF TOURISM 2,080.10 2004219 05/12/2022 PRINTED 101028 AEG BUREAU OF TOURISM 40,524.48 2004220 05/12/2022 PRINTED 100403 AETNA 18,416.01 2004221 05/12/2022 PRINTED 100911 AFTER SCHOOL PUBLICATIONS 300.00 2004222 05/12/2022 PRINTED 101198 AIR TREATMENT CORPORATION 1,267.30 2004223 05/12/2022 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 740.00 2004224 05/12/2022 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 3,832.00 2004225 05/12/2022 PRINTED 103867 ALL SEASONS AIR CONDITION 99.68 2004226 05/12/2022 PRINTED 100375 ALL STAR GLASS 388.25 2004227 05/12/2022 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 8,900.37 2004228 05/12/2022 PRINTED 100912 ALPHA MEDIA LLC 3,200.00 2004229 05/12/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 4,650.26 2004230 05/12/2022 PRINTED 103781 AMAZON.COM SALES INC 5,100.41 2004231 05/12/2022 PRINTED 100383 AMERICAN FORENSIC NURSES 2,165.66 2004232 05/12/2022 PRINTED 103869 WILLIAM ANDERSON 95.00 2004233 05/12/2022 PRINTED 103723 APOLLO WOOD RECOVERY INC 4,956.80 2004234 05/12/2022 PRINTED 015920 RHETT ARDEN 720.00 2004235 05/12/2022 PRINTED 101698 ATLANTIC PALM SPRINGS 500.00 2004236 05/12/2022 PRINTED 101410 ATWORK PERSONNEL SERVICES 1,659.84 2004237 05/12/2022 PRINTED 016223 JOSE BARRAGAN 720.00 2004238 05/12/2022 PRINTED 101049 MARY BARSALEAU 1,578.75 2004239 05/12/2022 PRINTED 101386 BEYONDTRUST SOFTWARE 2,965.65 2004240 05/12/2022 PRINTED 101488 BIO SOCAL 495.00 2004241 05/12/2022 PRINTED 100366 BIO TOX LABORATORIES 672.00 2004242 05/12/2022 PRINTED 103863 BLUE COYOTE GRILL 750.00 2004243 05/12/2022 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 502,402.18 2004244 05/12/2022 PRINTED 100128 BRODART CO 3,882.38 2004245 05/12/2022 PRINTED 101331 BRUCE BOWER INVESTIGATION 2,800.00 2004246 05/12/2022 PRINTED 101571 CAL STRIPE INC. 16,020.00 2004247 05/12/2022 PRINTED 103778 CALIFORNIA WATER OPERATOR 400.00 2004248 05/12/2022 PRINTED 103865 CAROUSEL BAKERY 750.00 2004249 05/12/2022 PRINTED 016289 MICHAEL CARVER 1,485.00 2004250 05/12/2022 PRINTED 100112 CDW GOVERNMENT INC 4,556.97 2004251 05/12/2022 PRINTED 101158 JOHN M CERNEY 1,500.00 2004252 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004253 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004254 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2004255 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.97 2004256 05/12/2022 PRINTED 100353 SPECTRUM ENTERPRISE/TIME 1,534.74 2004257 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2004258 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 229.98 2004259 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 319.98 Item 1F - 5
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/12/2022 12:25
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004260 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 182.06 2004261 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2004262 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 107.98 2004263 05/12/2022 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2004264 05/12/2022 PRINTED 100558 CINTAS CORPORATION 264.56 2004265 05/12/2022 PRINTED 103872 CITY OF YORBA LINDA 1,376.80 2004266 05/12/2022 PRINTED 103868 BRUCE F CLARK 698.68 2004267 05/12/2022 PRINTED 101350 CLASSIC AUTO RESTYLING 350.00 2004268 05/12/2022 PRINTED 100573 CLEAN ENERGY FUELS 1,992.87 2004269 05/12/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 344,869.06 2004270 05/12/2022 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 24,062.61 2004271 05/12/2022 PRINTED 100387 COACHELLA VALLEY ECONOMIC 50,000.00 2004272 05/12/2022 PRINTED 100928 COLANTUONO HIGHSMITH AND 6,916.00 2004273 05/12/2022 PRINTED 101744 COMPRESSED AIR SPECIALTIE 491.63 2004274 05/12/2022 PRINTED 103850 THE COMPUTING TECHNOLOGY 3,700.00 2004275 05/12/2022 PRINTED 103833 CONSCIOUS BUILDERS 10,000.00 2004276 05/12/2022 PRINTED 103771 CORE COMPLIANCE LLC 3,500.00 2004277 05/12/2022 PRINTED 100205 NANCY K BOHL INC 1,120.00 2004278 05/12/2022 PRINTED 100088 COUNTY OF RIVERSIDE AUDIT 9,214.00 2004279 05/12/2022 PRINTED 100490 CVCC 63,305.71 2004280 05/12/2022 PRINTED 100115 DANIELS TIRE SERVICE INC 1,672.63 2004281 05/12/2022 PRINTED 100318 DATA TICKET INC 2,136.31 2004282 05/12/2022 PRINTED 100265 DELL MARKETING LP 27,309.81 2004283 05/12/2022 PRINTED 100276 DELS FLOORING CONTRACTORS 397.00 2004284 05/12/2022 PRINTED 101281 DELTA DENTAL HMO 1,797.43 2004285 05/12/2022 PRINTED 101282 DELTA DENTAL PPO 21,624.30 2004286 05/12/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 1,876.98 2004287 05/12/2022 PRINTED 103589 DESERT ARC 40.00 2004288 05/12/2022 PRINTED 100117 DESERT ELECTRIC SUPPLY 4,400.65 2004289 05/12/2022 PRINTED 100048 DESERT FIRE EXTINGUISHER 203.27 2004290 05/12/2022 PRINTED 103448 DESERT HOSE SUPPLY 229.33 2004291 05/12/2022 PRINTED 100580 DESERT PROMOTIONAL EMBROI 1,870.49 2004292 05/12/2022 PRINTED 100150 DESERT PUBLICATIONS INC 2,500.00 2004293 05/12/2022 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 399.87 2004294 05/12/2022 PRINTED 100609 DIRECTV 146.99 2004295 05/12/2022 PRINTED 015897 ALEXANDER DOHERTY 1,050.00 2004296 05/12/2022 PRINTED 101244 DOWNS ENERGY 39,993.87 2004297 05/12/2022 PRINTED 100616 DREAM SHAPERS 700.00 2004298 05/12/2022 PRINTED 100984 DTPS C-15 LLC 3,182.71 2004299 05/12/2022 PRINTED 103864 KENNETH DUFF 750.00 2004300 05/12/2022 PRINTED 101179 MARIANA DUSPIVA 588.00 2004301 05/12/2022 PRINTED 100054 DESERT WATER AGENCY 2,448.69 2004302 05/12/2022 PRINTED 100054 DESERT WATER AGENCY 19,597.81 2004303 05/12/2022 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2004304 05/12/2022 PRINTED 100305 EISENHOWER MEDICAL CENTER 800.00 2004305 05/12/2022 PRINTED 103829 EMERGENCY RESILIENCE LLC 1,007.70 2004306 05/12/2022 PRINTED 101293 ENGIE SERVICES U.S. INC. 39,858.00 2004307 05/12/2022 PRINTED 100274 ENGINEERING RESOURCES OF 37,121.20 2004308 05/12/2022 PRINTED 100226 ENTERPRISE RENT A CAR 3,267.58 2004309 05/12/2022 PRINTED 100300 ESRI 38,500.00 2004310 05/12/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 216.94 2004311 05/12/2022 PRINTED 100229 FISHER SCIENTIFIC CO LLC 257.83 Item 1F - 6
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/12/2022 12:25
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004312 05/12/2022 PRINTED 010996 TODD FITE 317.25 2004313 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 59.95 2004314 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,076.44 2004315 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,595.98 2004316 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.26 2004317 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2004318 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 64.26 2004319 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 77.86 2004320 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 145.03 2004321 05/12/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,102.65 2004322 05/12/2022 PRINTED 100828 FUSION CLOUD SERVICES LLC 200.59 2004323 05/12/2022 PRINTED 100158 GALLS LLC 4,336.14 2004324 05/12/2022 PRINTED 100536 GLS 159.75 2004325 05/12/2022 PRINTED 100049 GOVERNMENT FINANCE OFFICE 455.00 2004326 05/12/2022 PRINTED 103824 GOVOS INC 15,000.00 2004327 05/12/2022 PRINTED 101514 GRAFFITI PROTECTIVE COATI 5,602.54 2004328 05/12/2022 PRINTED 100072 GRANITE CONSTRUCTION COMP 57,100.00 2004329 05/12/2022 PRINTED 100037 HAJOCA CORPORATION 7,426.48 2004330 05/12/2022 PRINTED 101535 HINGEWERKS COMMERCIAL DOO 9,255.00 2004331 05/12/2022 PRINTED 101761 HUGHES NETWORK SYSTEMS LL 71.87 2004332 05/12/2022 PRINTED 100494 IMAGE360 - PALM DESERT 2,899.28 2004333 05/12/2022 PRINTED 100483 INFOSAT 228.30 2004334 05/12/2022 PRINTED 101486 INNOVATIVE EMERGENCY EQUI 16,362.24 2004335 05/12/2022 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 1,275.30 2004336 05/12/2022 PRINTED 103170 INTELLIMODUS LLC 9,475.00 2004337 05/12/2022 PRINTED 100119 INTERACTIVE DESIGN CORPOR 6,169.46 2004338 05/12/2022 PRINTED 101727 IRON MOUNTAIN 456.49 2004339 05/12/2022 PRINTED 101364 IT1 SOURCE LLC 1,973.33 2004340 05/12/2022 PRINTED 101759 ITC-DILIGENCE INC 300.00 2004341 05/12/2022 PRINTED 101700 JNS NEXT 1,470.72 2004342 05/12/2022 PRINTED 103725 KAMAN INDUSTRIAL TECHNOLO 3,915.45 2004343 05/12/2022 PRINTED 101242 JAMES KANOSKI 9,880.00 2004344 05/12/2022 PRINTED 100336 KEENAN AND ASSOCIATES 15,593.76 2004345 05/12/2022 PRINTED 103525 KGAY PSP CORPORATION 1,000.00 2004346 05/12/2022 PRINTED 103870 DAN KISER 320.00 2004347 05/12/2022 PRINTED 100261 KONE INC 593.38 2004348 05/12/2022 PRINTED 100439 THE LAMAR COMPANIES 1,500.00 2004349 05/12/2022 PRINTED 103807 LAWYERS TITLE COMPANY 500.00 2004350 05/12/2022 PRINTED 103753 LIFE INSURANCE COMPANY OF 30,252.55 2004351 05/12/2022 PRINTED 101260 THE LLOYD PEST CONTROL 5,356.00 2004352 05/12/2022 PRINTED 103861 CONNECTIONS IN NATURE LLC 750.00 2004353 05/12/2022 PRINTED 100910 LUCE PUPPET COMPANY 350.00 2004354 05/12/2022 PRINTED 100793 MACLEOD WATTS INC 9,400.00 2004355 05/12/2022 PRINTED 100208 MANAGED HEALTH NETWORK IN 2,270.40 2004356 05/12/2022 PRINTED 101798 MIDWEST TAPE INC 1,347.98 2004357 05/12/2022 PRINTED 101794 MK SOLUTIONS INC 2,092.55 2004358 05/12/2022 PRINTED 101855 MOTOWORX GARAGE 1,709.78 2004359 05/12/2022 PRINTED 100765 MUNISERVICES / AVENU INSI 2,063.54 2004360 05/12/2022 PRINTED 100148 NALCO COMPANY 5,676.94 2004361 05/12/2022 PRINTED 015319 PEDRO NANEZ 720.00 2004362 05/12/2022 PRINTED 100417 NI GOVERNMENT SERVICES IN 278.10 2004363 05/12/2022 PRINTED 100172 OFFICE DEPOT 5,474.71 Item 1F - 7
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/12/2022 12:25
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004364 05/12/2022 PRINTED 100172 OFFICE DEPOT 1,264.46 2004365 05/12/2022 PRINTED 103408 OPTIQO INC 6,596.00 2004366 05/12/2022 PRINTED 103408 OPTIQO INC 2,638.40 2004367 05/12/2022 PRINTED 101742 OVERDRIVE INC 10,000.00 2004368 05/12/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 5,057.37 2004369 05/12/2022 PRINTED 103798 PIROZZI FAMILY TRUST ESTD 7,257.54 2004370 05/12/2022 PRINTED 101217 PRECISION SURVEY SUPPLY 2,408.96 2004371 05/12/2022 PRINTED 101455 PROFESSIONAL INTERPRETING 1,208.01 2004372 05/12/2022 PRINTED 100596 PROPER SOLUTIONS INC 16,353.88 2004373 05/12/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 101.55 2004374 05/12/2022 PRINTED 100654 PS RESORTS 89,845.00 2004375 05/12/2022 PRINTED 101642 QUENCH USA INC 3,696.76 2004376 05/12/2022 PRINTED 101493 QUINN RENTAL SERVICE 2,229.50 2004377 05/12/2022 PRINTED 102903 RACEWAY FORD 6,594.60 2004378 05/12/2022 PRINTED 101629 THE RAMSAY GROUP 8,400.00 2004379 05/12/2022 PRINTED 101728 PALM SPRINGS WATER SYSTEM 268.00 2004380 05/12/2022 PRINTED 103724 RECREATE WASTE COLLABORAT 9,173.76 2004381 05/12/2022 PRINTED 101739 REFRIGERATION SUPPLIES DI 15,509.32 2004382 05/12/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 595.50 2004383 05/12/2022 PRINTED 100018 RIVERSIDE COUNTY FLOOD CO 13,979.68 2004384 05/12/2022 PRINTED 103859 ROBERT WILSON MINER TRUST 16,000.00 2004385 05/12/2022 PRINTED 103866 SUZANNE ROBERTS 100.00 2004386 05/12/2022 PRINTED 016059 DANIEL ROWLES 106.00 2004387 05/12/2022 PRINTED 100630 SAFECHECKS 720.97 2004388 05/12/2022 PRINTED 015690 STEVEN SANDERS 1,050.00 2004389 05/12/2022 PRINTED 016136 STEPHANIE SANDOVAL 1,485.00 2004390 05/12/2022 PRINTED 101542 SC COMMERCIAL 17,807.45 2004391 05/12/2022 PRINTED 100362 SCAP 1,500.00 2004392 05/12/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 107,957.25 2004393 05/12/2022 PRINTED 103804 WEST AVIATION SERVICES-SA 5,412.50 2004394 05/12/2022 PRINTED 100010 SMOKE TREE STABLES 759.40 2004395 05/12/2022 PRINTED 101822 SO CAL LAND MAINTENANCE I 18,660.00 2004396 05/12/2022 PRINTED 103855 SOLAR PAPERWORK INC 6,798.00 2004397 05/12/2022 PRINTED 101852 SOLARCITY CORP 14,394.54 2004398 05/12/2022 PRINTED 100330 SOURCE GRAPHICS 1,635.00 2004399 05/12/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 6,000.00 2004400 05/12/2022 PRINTED 100594 SOUTHWEST PLUMBING INC 3,250.00 2004401 05/12/2022 PRINTED 100577 SPARKLETTS - DS SERVICES 173.10 2004402 05/12/2022 PRINTED 101356 ST FRANCIS ELECTRIC LLC 69,240.93 2004403 05/12/2022 PRINTED 100084 STERICYCLE INC LLC SHRED 296.25 2004404 05/12/2022 PRINTED 100907 STEVE BECK 1,288.00 2004405 05/12/2022 PRINTED 100915 TECHNOLOGY ANGELZ LLC 800.00 2004406 05/12/2022 PRINTED 100289 TOP OF THE LINE SIGNS 229.86 2004407 05/12/2022 PRINTED 016035 MICHAEL TORRES 720.00 2004408 05/12/2022 PRINTED 015883 MIGUEL TORRES 720.00 2004409 05/12/2022 PRINTED 100646 TRUTH BE TOLD POLYGRAPH L 1,250.00 2004410 05/12/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 50,915.00 2004411 05/12/2022 PRINTED 100386 U S CUSTOMS SERVICE 3,913.78 2004412 05/12/2022 PRINTED 100063 UNDERGROUND SERVICE ALERT 589.78 2004413 05/12/2022 PRINTED 100384 US BANK 3,025.00 2004414 05/12/2022 PRINTED 100295 US BANK CORPORATE PAYMENT 133,961.06 2004415 05/12/2022 PRINTED 100034 US POSTAL SERVICE 1,500.00 Item 1F - 8
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/12/2022 12:25
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004416 05/12/2022 PRINTED 101784 V AND V MANUFACTURING 190.96 2004417 05/12/2022 PRINTED 100200 VALLEY LOCK AND SAFE 58.89 2004418 05/12/2022 PRINTED 100066 VALLEY MAIL DELIVERY 2,943.19 2004419 05/12/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 621.24 2004420 05/12/2022 PRINTED 100267 VEOLIA WATER NORTH AMERIC 378,169.01 2004421 05/12/2022 PRINTED 100144 VERIZON WIRELESS 28.02 2004422 05/12/2022 PRINTED 100144 VERIZON WIRELESS 1,983.60 2004423 05/12/2022 PRINTED 100144 VERIZON WIRELESS 3,260.63 2004424 05/12/2022 PRINTED 100144 VERIZON WIRELESS 9,228.12 2004425 05/12/2022 PRINTED 100144 VERIZON WIRELESS 2,921.94 2004426 05/12/2022 PRINTED 101339 VIGILANT SOLUTIONS LLC 11,250.00 2004427 05/12/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 4,175.23 2004428 05/12/2022 PRINTED 101220 WATERLINE TECHNOLOGIES 7,106.06 2004429 05/12/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 2,813.34 2004430 05/12/2022 PRINTED 103766 SYDNEY WEISMAN 1,020.00 2004431 05/12/2022 PRINTED 100222 WEST COAST ARBORISTS INC 74,551.55 2004432 05/12/2022 PRINTED 103503 MARK K WHITE 285.00 2004433 05/12/2022 PRINTED 101824 WILLDAN ENGINEERING 1,831.50 2004434 05/12/2022 PRINTED 100908 YAMADA SPA MANAGEMENT INC 252.00 2004435 05/12/2022 PRINTED 103501 ZASUETA CONTRACTING INC 102,600.00 2004436 05/12/2022 PRINTED 100268 ZOLL MEDICAL CORPORATION 2,940.19 2004437 05/12/2022 PRINTED 103825 ZOOM VIDEO COMMUNICATIONS 8,012.22 230 CHECKS CASH ACCOUNT TOTAL 3,767,398.96 .00 Item 1F - 9
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/12/2022 12:25
User: PatrickW
Program ID: apchkrcn

Page 6 ends

UNCLEARED CLEARED
230 CHECKS FINAL TOTAL 3,767,398.96 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1F - 10
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/26/2022 11:08
User: PatrickW
Program ID: apchkrcn

Page 1 ends

FOR CASH ACCOUNT: 999 10005 FOR: All
CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004452 05/26/2022 PRINTED 103608 ADK CONSULTING INC 4,520.00 2004453 05/26/2022 PRINTED 100292 ADMINSURE INC 39,974.00 2004454 05/26/2022 PRINTED 101028 AEG BUREAU OF TOURISM 24,116.91 2004455 05/26/2022 PRINTED 102948 AERO SYSTEMS ENGINEERING 5,055.75 2004456 05/26/2022 PRINTED 100660 AIRGAS USA LLC 452.39 2004457 05/26/2022 PRINTED 100912 ALPHA MEDIA LLC 2,928.00 2004458 05/26/2022 PRINTED 101337 ALPHA PETROLEUM TRANSPORT 9,114.30 2004459 05/26/2022 PRINTED 100755 ALTA LANGUAGE SERVICES IN 202.00 2004460 05/26/2022 PRINTED 103781 AMAZON.COM SALES INC 2,647.13 2004461 05/26/2022 PRINTED 101362 ARCHIVESOCIAL INC. 4,491.00 2004462 05/26/2022 PRINTED 100370 AT&T 280.29
2004463 05/26/2022 PRINTED 101449 BATTERY SOLUTIONS LLC 3,474.50 2004464 05/26/2022 PRINTED 100020 BEST BEST & KRIEGER 315,663.00 2004465 05/26/2022 PRINTED 103842 SHARON BRAND 41.00
2004466 05/26/2022 PRINTED 100128 BRODART CO 1,425.68
2004467 05/26/2022 PRINTED 100234 BURRTEC ENVIRONMENTAL 290.00 2004468 05/26/2022 PRINTED 103263 BWW & COMPANY INC 173,850.00 2004469 05/26/2022 PRINTED 103604 CAROLLO ENGINEERS INC 16,742.50 2004470 05/26/2022 PRINTED 101477 CASL INTERPRETING 240.00 2004471 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 3,519.16 2004472 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004473 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 227.32 2004474 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2004475 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 156.46 2004476 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004477 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004478 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004479 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004480 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2004481 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2004482 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 585.45 2004483 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 99.99 2004484 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,319.45 2004485 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 119.99 2004486 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 1,769.00 2004487 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 206.04 2004488 05/26/2022 PRINTED 100353 CHARTER COMMUNICATIONS 154.99 2004489 05/26/2022 PRINTED 100558 CINTAS CORPORATION 76.52 2004490 05/26/2022 PRINTED 101755 CNS ENGINEERS INC 12,772.97 2004491 05/26/2022 PRINTED 101238 CONSERVE LANDCARE LLC 88,143.23 2004492 05/26/2022 PRINTED 103771 CORE COMPLIANCE LLC 14,000.00 2004493 05/26/2022 PRINTED 100205 NANCY K BOHL INC 825.00 2004494 05/26/2022 PRINTED 100085 COUNTY OF RIVERSIDE ENVIR 15,255.00 2004495 05/26/2022 PRINTED 103888 CREATIVE MIND CONSULTING 800.00 2004496 05/26/2022 PRINTED 015542 JOSHUA CROCKER 1,160.00 2004497 05/26/2022 PRINTED 100318 DATA TICKET INC 1,277.70 2004498 05/26/2022 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 848.00 2004499 05/26/2022 PRINTED 016225 JAMES DANIEL DESELMS 140.00 2004500 05/26/2022 PRINTED 100150 DESERT PUBLICATIONS INC 464.31 2004501 05/26/2022 PRINTED 100008 DESERT SUN PUBLISHING COM 16,673.40 2004502 05/26/2022 PRINTED 100609 DIRECTV 43.99
2004503 05/26/2022 PRINTED 100054 DESERT WATER AGENCY 267.31 Item 1F - 11
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/26/2022 11:08
User: PatrickW
Program ID: apchkrcn

Page 2 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004504 05/26/2022 PRINTED 100054 DESERT WATER AGENCY 34,214.85 2004505 05/26/2022 PRINTED 100054 DESERT WATER AGENCY 111.46 2004506 05/26/2022 PRINTED 100054 DESERT WATER AGENCY 64.99 2004507 05/26/2022 PRINTED 100054 DESERT WATER AGENCY 2,689.44 2004508 05/26/2022 PRINTED 101743 EMPLOYMENT DEVELOPMENT DE 2,413.00 2004509 05/26/2022 PRINTED 101293 ENGIE SERVICES U.S. INC. 13,685.00 2004510 05/26/2022 PRINTED 100206 ESSER SERVICES INC 88.00 2004511 05/26/2022 PRINTED 100376 EXPERIAN 77.00 2004512 05/26/2022 PRINTED 100081 FEDERAL EXPRESS CORPORATI 772.03 2004513 05/26/2022 PRINTED 016020 ERIK FERNANDEZ 202.34 2004514 05/26/2022 PRINTED 103803 JAMI L SCHIELD 3,233.85 2004515 05/26/2022 PRINTED 103886 FOAMBOND CORPORATION 268.21 2004516 05/26/2022 PRINTED 101401 FORMS+SURFACES INC 15,799.76 2004517 05/26/2022 PRINTED 100480 FRIENDS OF THE PS ANIMAL 85,658.50 2004518 05/26/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,606.67 2004519 05/26/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 125.98 2004520 05/26/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.49 2004521 05/26/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 68.49 2004522 05/26/2022 PRINTED 100740 FRONTIER COMMUNICATIONS C 69.50 2004523 05/26/2022 PRINTED 100521 GRUBER POWER 895.00 2004524 05/26/2022 PRINTED 101343 HARRIS AND ASSOCIATES INC 8,772.50 2004525 05/26/2022 PRINTED 100729 HIRE RIGHT LLC 3,046.91 2004526 05/26/2022 PRINTED 101008 RICHARD NORMAN HOVEL 1,500.00 2004527 05/26/2022 PRINTED 010884 WILLIAM HUTCHINSON 960.19 2004528 05/26/2022 PRINTED 103681 IMPRENTA COMMUNICATIONS G 1,800.00 2004529 05/26/2022 PRINTED 103635 INLAND EMPIRE BROADCASTIN 3,200.00 2004530 05/26/2022 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 70.10 2004531 05/26/2022 PRINTED 101727 IRON MOUNTAIN 1,073.43 2004532 05/26/2022 PRINTED 101364 IT1 SOURCE LLC 1,605.98 2004533 05/26/2022 PRINTED 103887 JESUS HERNANDEZ 750.00 2004534 05/26/2022 PRINTED 101700 JNS NEXT 13,254.78 2004535 05/26/2022 PRINTED 103751 JOBELEPHANT.COM INC 394.95 2004536 05/26/2022 PRINTED 100189 KC'S 23 1/2 HOUR PLUMBING 1,275.00 2004537 05/26/2022 PRINTED 103525 KGAY PSP CORPORATION 300.00 2004538 05/26/2022 PRINTED 100177 KIMLEY HORN AND ASSOCIATE 12,012.04 2004539 05/26/2022 PRINTED 016415 LAWRENCE KLINGAMAN 1,627.05 2004540 05/26/2022 PRINTED 101599 TYSEN KNIGHT 2,500.00 2004541 05/26/2022 PRINTED 103885 MATTHEW KURTZ 1,660.00 2004542 05/26/2022 PRINTED 100127 L N CURTIS AND SONS 15,890.63 2004543 05/26/2022 PRINTED 101475 LA PRENSA HISPANA INC 7,230.00 2004544 05/26/2022 PRINTED 100439 THE LAMAR COMPANIES 4,000.00 2004545 05/26/2022 PRINTED 101713 LESAR DEVELOPMENT CONSULT 36,740.25 2004546 05/26/2022 PRINTED 103753 LIFE INSURANCE COMPANY OF 30,318.00 2004547 05/26/2022 PRINTED 101260 THE LLOYD PEST CONTROL 1,362.00 2004548 05/26/2022 PRINTED 101309 LNRS DATA SERVICES INC. 1,695.25 2004549 05/26/2022 PRINTED 100074 MATICH CORPORATION 138,592.02 2004550 05/26/2022 PRINTED 101798 MIDWEST TAPE INC 1,027.09 2004551 05/26/2022 PRINTED 100098 MINUTEMAN PRESS 517.94 2004552 05/26/2022 PRINTED 100765 MUNISERVICES / AVENU INSI 6,773.23 2004553 05/26/2022 PRINTED 016300 BRIAN MUSHRUSH 262.00 2004554 05/26/2022 PRINTED 100548 O'LINN EXECUTIVE SECURITY 1,053.60 2004555 05/26/2022 PRINTED 103900 ODP BUSINESS SOLUTIONS 1,195.79 Item 1F - 12
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/26/2022 11:08
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004556 05/26/2022 PRINTED 100172 OFFICE DEPOT 2,182.96 2004557 05/26/2022 PRINTED 100172 OFFICE DEPOT 9,647.88 2004558 05/26/2022 PRINTED 103821 SHEEHAN'S OFFICE INTERIOR 1,577.89 2004559 05/26/2022 PRINTED 015956 DOLORES OLVERA 322.92 2004560 05/26/2022 PRINTED 100282 PACIFIC PRODUCTS AND SERV 3,280.85 2004561 05/26/2022 PRINTED 100328 PALM SPRINGS AUTO WASH 280.00 2004562 05/26/2022 PRINTED 100569 PALM SPRINGS CHAMBER OF C 2,500.00 2004563 05/26/2022 PRINTED 100071 PALM SPRINGS CONVENTION C 17,814.65 2004564 05/26/2022 PRINTED 100003 PALM SPRINGS DISPOSAL SER 271.96 2004565 05/26/2022 PRINTED 100082 PALM SPRINGS MIRROR AND G 1,501.00 2004566 05/26/2022 PRINTED 100791 ROBERT HEGGIE 500.00 2004567 05/26/2022 PRINTED 100083 PALM SPRINGS WELDING 1,710.00 2004568 05/26/2022 PRINTED 100147 PATTON DOOR AND GATE 650.00 2004569 05/26/2022 PRINTED 101434 PLACEWORKS 35,055.49 2004570 05/26/2022 PRINTED 103521 PLAZA TOWING INC 750.00 2004571 05/26/2022 PRINTED 100431 POLICE EXECUTIVE RESEARCH 9,950.00 2004572 05/26/2022 PRINTED 101374 PRECISION TECHNOLOGIES 5,411.34 2004573 05/26/2022 PRINTED 101455 PROFESSIONAL INTERPRETING 4,990.15 2004574 05/26/2022 PRINTED 100596 PROPER SOLUTIONS INC 13,943.56 2004575 05/26/2022 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 138.12 2004576 05/26/2022 PRINTED 101250 PWLC II INC 34,998.62 2004577 05/26/2022 PRINTED 100628 RIVERSIDE COUNTY CLERK 20.00 2004578 05/26/2022 PRINTED 103884 JULIAN ALEX BAZAN ROJAS 1,599.93 2004579 05/26/2022 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 29,661.09 2004580 05/26/2022 PRINTED 103849 TK SEALCOATING INC 1,039.33 2004581 05/26/2022 PRINTED 101515 MARIA SHAFER 1,100.00 2004582 05/26/2022 PRINTED 100435 THE SHREDDERS 221.00 2004583 05/26/2022 PRINTED 101677 SOCAL PPE LLC 546.25 2004584 05/26/2022 PRINTED 101852 SOLARCITY CORP 10,267.86 2004585 05/26/2022 PRINTED 100000 SOUTH COAST AQMD 287.76 2004586 05/26/2022 PRINTED 100000 SOUTH COAST AQMD 1,007.16 2004587 05/26/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 18,920.20 2004588 05/26/2022 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 19,649.48 2004589 05/26/2022 PRINTED 100284 STANTEC CONSULTING SVCS I 86,719.99 2004590 05/26/2022 PRINTED 101867 SWAGIT PRODUCTIONS LLC 2,045.00 2004591 05/26/2022 PRINTED 016047 ANDREW TIEDEMAN 1,160.00 2004592 05/26/2022 PRINTED 103617 TRAVELSCAPE LLC / EXPEDIA 4,705.34 2004593 05/26/2022 PRINTED 101384 TYLER TECHNOLOGIES INC 119,726.50 2004594 05/26/2022 PRINTED 100386 U S CUSTOMS SERVICE 47,148.53 2004595 05/26/2022 PRINTED 100114 UNITED RENTALS NA INC 23,278.40 2004596 05/26/2022 PRINTED 100200 VALLEY LOCK AND SAFE 5,036.49 2004597 05/26/2022 PRINTED 100129 VCA ANIMAL HOSPITALS INC 858.47 2004598 05/26/2022 PRINTED 103374 LOS ANGELES TRUCK CENTERS 1,811.01 2004599 05/26/2022 PRINTED 100621 VERIZON BUSINESS 10.38 2004600 05/26/2022 PRINTED 100144 VERIZON WIRELESS 5,218.55 2004601 05/26/2022 PRINTED 100144 VERIZON WIRELESS 690.33 2004602 05/26/2022 PRINTED 100144 VERIZON WIRELESS 4,401.78 2004603 05/26/2022 PRINTED 100144 VERIZON WIRELESS 7,828.98 2004604 05/26/2022 PRINTED 100050 VISION SERVICE PLAN 5,770.60 2004605 05/26/2022 PRINTED 100121 VISIT GREATER PALM SPRING 202,753.52 2004606 05/26/2022 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 129.92 2004607 05/26/2022 PRINTED 101277 VOHNE LICHE KENNELS INC 300.00 Item 1F - 13
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/26/2022 11:08
User: PatrickW
Program ID: apchkrcn

Page 4 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2004608 05/26/2022 PRINTED 101752 VORTEX INDUSTRIES INC 1,783.62 2004609 05/26/2022 PRINTED 100156 WAXIE SANITARY SUPPLY 18,536.64 2004610 05/26/2022 PRINTED 100222 WEST COAST ARBORISTS INC 19,780.15 2004611 05/26/2022 PRINTED 101639 WEST COAST HYDRO TESTING 700.00 2004612 05/26/2022 PRINTED 103816 S3 DVBE 24,022.99 2004613 05/26/2022 PRINTED 100233 WESTERN PUMP INC. 250.00 2004614 05/26/2022 PRINTED 100445 WOODRUFF SPRADLIN AND SMA 22.50 2004615 05/26/2022 PRINTED 101311 XEROX FINANCIAL SERVICES 3,095.51 2004616 05/26/2022 PRINTED 100124 ZUMAR INDUSTRIES 3,502.26 165 CHECKS CASH ACCOUNT TOTAL 2,057,619.14 .00 Item 1F - 14
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 05/26/2022 11:08
User: PatrickW
Program ID: apchkrcn

Page 5 ends

UNCLEARED CLEARED
165 CHECKS FINAL TOTAL 2,057,619.14 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1F - 15
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution

CITY COUNCIL STAFF REPORT
06/30/2022 1. G.

City Clerk -

SUBJECT
ACCEPTANCE OF PLAYGROUND SURFACING PROJECT, CITY PROJECT NO. 20-29
RECOMMENDATION:

Accept the public works improvement identified as Playground Surfacing, City Project No. 20-29, as completed in accordance with the plans and specifications.

1. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Playground Surfacing, City Project No. 20-29.

2. Attachments
Item 1G

CITY COUNCIL STAFF REPORT

DATE: June 30, 2022 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF PLAYGR OUND SURFACING PROJECT, CITY PROJECT NO. 20-29

FROM: Justin Clifton, City Manager

BY: Engineering Division

SUMMARY:

Formal City Council acceptance of the Playground Surfacing Project, City Project 20-29, is required to document the completion of public works improvements and to allow the City’s filing of a Notice of Completion with the Riverside County Recorder in accordance with Section 9200 of the California Civil Code.

RECOMMENDATION:

1. Accept the public works improvement identified as Playground Surfacing, City Project No. 20- 29 (“Project”), as completed in accordance with the plans and specifications; and

2. Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for Playground Surfacing, City Project No. 20-29.

BACKGROUND:

On July 8, 2021, the City Council awarded a Construction Contract in t he amount of $502,486 to Zasueta Contracting Inc. for Playground Surfacing, City Project No. 20-29. A copy of the staff report is included at Attachment A . The project was later revised to include new playground surfacing at Victoria Park, which added a cost of $222,869 to the project; the revision to the project scope and project budget was approved by the City Council on December 9, 2021.

STAFF ANALYSIS:

Construction on the Project began September 13, 2021 and was determined to be substantially complete on April 29, 2022 . Throughout construction of the Project, there were delays to delivery due to a shortage of materials from suppliers. The Contractor submitted a request to extend the completion date by 20 working days. After S taff’s Item 1G - 1
City Council Staff Report
June 30, 2022 -- Page 2
Acceptance Playground Surfacing, CP No. 20-29

review, it was determined that the Contractor was due a time extension. The Contractor was given an extension of 20 working days as displayed in Change Order 4, included as Attachment B.

As determined by City Staff, Zasueta Contracting, Inc. satisfactorily completed the Project on April 29, 2022. Staff recommends City Council accepts the Project as required by Section 9200 of the California Civil Code and authorizes the City Engineer to file and record a Notice of Completion to be submitted to the County. A copy of the Notic e of Completion is included as Attachment C.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that Playground Surfacing, City Project No. 20-29, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 3A, Improve City Facilities.

FISCAL IMPACT:

There are four change orders associated with this project related to a revision in the project scope and extensions for the timeframe for completion. The final construction cost is $722,961. The City is holding retention funds in the amount of $36,148.05 for Zasueta Contracting Inc., pending acceptance of improvements and filing the Notice of Completion with the County Recorder’s Office. The project account will be closed upon final payment to the contractor.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

ATTACHMENTS:

A. Staff Report – July 8, 2021
B. Change Order 4 – Final Balancing
C. Notice of Completion
Item 1G - 2
Attachment A
Item 1G - 3

CITY COUNCIL STAFF REPORT
DATE: Ju ly
8, 2021 CONSENT CALENDAR
SUBJECT: AWARD A CONTRACT TO ZASUETA CONTRACTING INC., A CALIFORNIA CORPORATION, IN THE AMOUNT OF $ 502,486 FOR
PLAYGROUND SURFACING, CP 20-29.

FROM: Justin Clifton, City Manager
BY: Development Services Department
SUMMARY:

This i
tem will award a contract to Zasueta Contracting, Inc. to remove and replace existing playground surfacing at the playgrounds in Demuth Park and Desert Highland Park.

RECOMMENDATION:

1. In accor
dance with Section 7.09.010, “Cooperative Purchasing Programs” of the Palm Springs Municipal Code, award a contract in the amount of $502,486 to Zasueta Contracting Inc. , a California corporation, pursuant to Cooperative Purchasing Contract #010521-SFS; and

2. Delegate authority to the City Manager to approve Contract Change Orders in the total cumulative amount of 5% of the contract amount ($25,124.30).

3. Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Zasueta
Contracting Inc. is a California corporation. A copy of their Public Integrity Disclosure Forms is included as Attachment A.

BACKGROUND:

On Janu
ary 27, 2020, the Parks and Recreation Commission agreed to a list of priority park projects to present to the Measure J Commission. On February 20, 2020, the Parks and Recreation Commission presented their list of priority projects to the Measure J Commission, highlighting that these projects could be completed in a short period of time, utilize a budget of approximately $1 million, address immediate park needs, and enhance the existing conditions at the parks throughout the City.

Item 1G - 4
On September 24, 2020, the City Council approved the Measure J Commission and Staff’s recommendation to fund nine (9) priority projects, with the Playground Surfacing Project allocated $275,000 in funding.

Staff communicated to the Measure J Commission that the budget allocation for the project was insufficient to complete the project. On April 15, 2021, the Measure J Commission approved an additional $275,000 – for a total funding allocation of $550,000.

Due to escalating material costs, the contractors performing the work revised their proposals.

On June 17, 2021, the Measure J Commission approved proceeding with the installation of new playground surfacing at Demuth Park and Desert Highland Park.

STAFF ANALYSIS:

Staff evaluated the playground surfacing at the parks within the City and identified the playground surfaces at Demuth Park and Desert Highland Park as the two park surfaces in most need of rehabilitation. Existing conditions at the parks consist of poured- in-place rubber surfacing in combination with sand at both locations. While sand has been a low- cost option for refilling and maintaining playground equipment entry and exit heights, the sand is not ADA compliant and has acted as an accelerant in the deterioration of the playground surfacing.

Playground equipment and rubberized surfacing has a typical lifespan of 10- 15 years, where routine maintenance can extend service life. Staff is proposing to replace existing poured-in-place rubber, sand and subgrade conditions with new subgrade, rubber surface tiles, and loose rubber mulch at Demuth Park; and replace existing sand and poured-in- place rubber at Desert Highland Park with rubber surface tiles throughout the playground footprint.

The surface tiles proposed at Demuth Park and Desert Highland Park provide safety performance that exceed ASTM standards. ASTM International is a standards organization, known as the American Society for Testing and Materials , that develops and publishes technical standards for a wide range of materials, products, system s, and services. The surface tiles are also certified by Floorscore ®, a certification program established by the Resilient Floor Covering Institute (RFCI) for hard surface flooring and flooring adhesive products that meet strict indoor air quality (IAQ) requirements.

Floorscore® rated products meet indoor air quality emissions criteria of LEED, Collaborative for High Performance Schools (CHPS), and the Green Guide for Healthcare.

The sand at Demuth Park is to be replaced with 100% virgin non-toxic rubber mulch that is sourced from safety tiles and is third-party tested for phthalates, red list chemicals, and other potentially toxic substances. The loose rubber mulch, like the surface tiles, meets or exceeds ASTM guidelines for impact attenuation and ADA accessibility, and passes Item 1G - 5
indoor air certification. Unlike other methods of loose fill, the loose rubber mulch will not rot, is odorless, is 100% free of contaminants, will not cause allergies, will not attract insects, and will not hold heat.

The new playground surfacing will improve existing conditions, reduce maintenance costs, and will upgrade the parks to current safety standards.

Cooperative Purchasing Agreements/Waiver for Bidding Requirements

Pursuant to the provisions of the Procurement Ordinance, 7.09.010, the City Council may authorize the acquisition of new playground surfacing through a joint powers or other cooperative purchasing program. Zasueta Contracting Inc. is a certified Sofsurfaces USA, Inc. vendor and installer. Sofsurfaces USA , Inc. has granted Zasueta Contracting authorization to utilize its Sourcewell Contract for the installation of the new playground surfacing tiles at Demuth Park and Desert Highland Park. The City’s Acting Procurement and Contracting Manager coordinated with the City Engineer and confirmed that leveraging the purchasing power of the national Sourcewell C ooperative complies with the City’s procurement requirements and the utilization of such cooperative contracts will provide lower pricing than what the City would likely obtain if pursued through the traditional bidding process.

Staff has reviewed the scope of services and finds that Zasueta Contracting Inc. is offering the City competitive prices for their products through a streamlined procurement process and recommends that the City Council approve the contract with Zasueta Contracting Inc. pursuant to the cooperative purchasing agreement. A copy of the agreement with Zasueta Contracting Inc. is included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15302 “Replacement or Reconstruction”, Class 2 projects consist of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. Therefore, Staff has determined that the Playground Surfacing, City Project No. 20- 29, is considered categorically exempt from CEQA and Notice of Exemption will be filed with the Riverside County Clerk.

FISCAL IMPACT:

The proposed agreement from Zasueta Contracting Inc. includes an initial purchase cost of $502,486. Additionally, a 5 % contingency is being requested to address unforeseen site conditions. Sufficient funds are budgeted and available in the Measure J Fund and a summary of project costs are shown in the following table.

Item 1G - 6
Table of Project Costs Amount
Measure J $546,735.91
Construction ($502,486.00)
Contingency (5%) ($25,124.30)
Administration ($15,000.00)
Budget Remaining $4,125.61
REVIEWED BY:

Department Director: Flinn Fagg
Deputy City Manager: Arron Brown
City Manager: Justin Clifton
ATTACHMENTS:

A. Public
Integrity Disclosure Form.

B. Zasueta Contracting Inc. Agreement.
*Note: Attachments on file at the City Clerk's Office
Item 1G - 7

Attachment B
Item 1G - 8

CITY OF PALM SPRINGS

CONTRACT CHANGE ORDER

May 31, 2022

To: Zasueta Contracting, Inc.

PO Box 866 Project No: 20-29 Spring Valley, CA 91976 Project: Playground Surfacing Chan ge Order No: 04 (Four)
Agreement No.: A8905
Purchase Orde r: 22000568
Attn: Andrew Zasueta

CHANGES TO CONTRACT TIME:

The contract time as a result of this change order will increase by (20) working days. The date for completion for all work under the contract will be May 4, 2022.

SUMMARY OF COSTS:

Original Contract Amount: $ 502 ,486.00
This Change Order: $ 0.00
Previous Change Order(s): $ 220 ,475.00
Revised Contract Amount: $ 722,961.00

Item 1G - 9
Contract Change Order No. 04
CP 20-29

Page 2 ends

Palm Springs City CouncilJune 30, 2022

Palm Springs City Council
June 30, 2022