Agenda packet — Palm Springs City Council, September 1, 2022 (part 5 of 6)

Initial Material Hand ling Cost Index • Cart Service Rate Adj ustment A
ea ...

B
facilities 1 Tonnage 1 Cost Per Ton '
Edom Hill Transfe r Station: Refuse 11,9 53.6 $51.49
Edom Hill Transfe r Station: Green Waste 2 000 .5 $56.01 Edom Hill Transfe r Station: Mixed Recycling 4, 367 .2 $91.64 Coachella Vallev Com .. ,..,t : On~a nic Was te . $75.00 Mate ria l Handling Tons & Cost 18,321.2
Index • Weii:ht ed Averair:e Cost Per Ton •
C
Base Material
Ha ndling Cost
(COL A • COl BJ
$615,489
$112 045
$400, 211
$0
$1,127,746
$61.5540
Tolols moy riot odd up due to ro11nc6r79
Initial Mate ria l Ha nd ling Cost Index • Bin Service Rate Adjustme nt D E F
Base Materi al
ea ... Hand ling Cost
Row Facili ties Tonnage ' Cost Per Ton • {COL D • COL E) 7 Edom Hill Transfe r Station: Refuse 31,089 .8 $51.49 $1,600,815 8 Edom Hill Transfe r Station: Green Waste 8.0 $56.01 $448 9 Edom Hill Transfe r Station: Mixed Recycling 712.7 $91.64 $65, 310 10 Coachella Valley Compost : Food Was te 44.l $75.00 $3, 308 11 Mate ria l Hand line: Tons & Cost 31.854.6 Sl 6 69 881 12 Index • Weight ed Average Cost Per Ton " $52.4 220
Totols mov t1ot odd up d~ to fOWIOlrio
Initial Materia l Ha ndling Compone nt W eightings
G
Mat erial
Ha ndling
Component
" Row Sector
13 Cart Service 23.0974 9£
14 Bin Service 22.5112%
(1) Pos t collection material hand ling facilitie s planne d for use under this agreeme nt. (2) Assumed beginning tonnage to be delive red to each facility. (3) Most current rates a t each faci lity.
(4) Tota l Base Mate rial Handling Cos t d nfided by Total Base To nnage.

Palm Springs Collection Services Agreement

Palm Springs Agreement Page 103
EXHIBIT 3: CONTRACTOR’S SB 1383 SCOPE OF SERVICES
A. EDUCATION AND OUTREACH
Program Administration
• CONTRACTOR shall employ a full-time Environmental Coordinator to oversee the SB 1383 Program including the activities of administration, public outreach, compliance monitoring, enforcement coordination and reporting for its three jurisdictions (Palm Springs, Desert Hot Springs and the County Franchise Area No. 10). Costs for this position will be allocated 70-20-10 respectively. CITY’s portion will in turn be allocated 10% to the Residential sector and 90% to the Commercial/Industrial sector. • CONTRACTOR’s Environmental Coordinator will supervise a staff of Recycling Ambassadors and will be responsible for coordinating all outreach, enrollment, education, monitoring, enforcement, and reporting activities associated with SB 1383. • CONTRACTOR’s shall designate its Environmental Coordinator not later than January 1, 2022.

1. Residential Outreach, Education
Outreach to Residential Customers will occur in the following manner. a. Newsletters. CONTRACTOR shall announce and promote the Residential Organic Waste Recycling Program in consecutive issues of the quarterly Residential newsletters approved by the City and distributed [month][year], and [month][year]. b. Subscription Form. CONTRACTOR shall direct mail subscription forms approved by CITY to Customers with option for completing online ( July 2022 or as soon thereafter as practical).

The subscription form will allow Customers to: (1) Specify the size of Organic Waste Recycling Cart desired; and, (2) Enable part-time residents to defer delivery to a date certain. c. Recycling Guide . CITY shall provide printed Recycling Guides to CONTRACTOR and CONTRACTOR shall distribute a Recycling Guide with each Organic Waste Cart delivered.

Contractor shall also direct mail a Recycling Guide to each existing green waste Customer and to new Customers when they are enrolled for an Organic Waste Collection services.

2. Commercial Outreach, Education, Monitoring
a. In-Person Outreach & Education . CONTRACTOR shall assign two (2) Recycling Ambassadors, or full-time equivalents, to the CITY and to engage directly with customers. The Ambassadors will be uniformed, will have experience engaging with the public, and will be professional in their demeanor. CONTRACTOR shall give hiring preference to hiring residents of the CITY and to the ability to communicate in Spanish.
• CONTRACTOR’s Recycling Ambassadors shall utilize tablets that interface with CONTRACTOR’s customer relationship management system in real time for electronic record keeping and electronic reporting.

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• CONTRACTOR Recycling Ambassadors assigned to City shall be hired not later than October 1, 2022 or as soon thereafter as practical.
b. Focus Groups. CONTRACTOR shall cooperate with CITY and participate in two (2) focus groups comprised of members of specific business community segments for purposes of planning outreach, education and Organic Waste Recycling program introduction. c. Community Outreach . CONTRACTOR’s Environmental Coordinator will be CONTRACTOR’s primary public outreach and education representative, virtually or in-person, for community organizations (including, but not limited to, ONE-PS, Chamber of Commerce, Main Street, PS Resorts, PS Hospitality Association), and at special events (including, but not limited to, VillageFest, ONE -PS annual picnic, PS Farmers Market). CONTRACTOR’s Environmental Coordinator shall participate with CITY in up to three (3) educational/informational events each calendar quarter.
d. Business-to-Business Outreach. CONTRACTOR’s Recycling Ambassadors shall meet in-person with Commercial Customers to:
• Inform Customers about Recycling and Organic Recycling programs, • Enroll Customers in Recycling and Organic Recycling Programs, • Train Customer employees in proper practices,
• Monitor Customer participation and practices, and
• Educate Customers as to proper recycling practices and Waste Reduction.

CONTRACTOR shall maintain an electronic log of such meetings for review by CITY upon request.
e. Written Outreach. Written outreach (by hard copy or electronic copy) shall consist primarily of the following: quarterly newsletters, recycling guides, and webpages. f. Quarterly Newsletters . CONTRACTOR shall keep Customers informed about Solid Waste programs, services, and events through separate Residential and Commercial quarterly newsletters issued at the start of each calendar quarter. • The July 2021, October 2021, January 2022, April 2022, and July 2022 issues shall emphasize the Organic Waste Recycling Program.
• Residential and Commercial newsletters shall be prepared according to the following timeline:
o Sixty (60) days before the start of each calendar quarter, CONTRACTOR’s Contract Liaison shall confer with the CITY’s Contract Administrator on the subjects to be addressed in the next newsletter.
o Thirty (30) days before the start of each calendar quarter, the CONTRACTOR’s Contract Liaison will provide a draft of the next newsletter to the City’s Contract Administrator for comment and approval.

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o Within five (5) calendar days of receipt of the draft newsletter, the CITY’s Contract Administrator shall return a redlined updated newsletter text to CONTRACTOR’s Contract Liaison.
o Not later than the first day of the calendar quarter, CONTRACTOR shall mail the final newsletters via the US Postal Service to the intended recipients AND post the newsletter on its website.
• Residential newsletters shall be bilingual (English & Spanish) and shall be produced on 11-inch by 17-inch stock, twice folded with an address panel for self-mailing. Commercial newsletters shall be produced on 8 ½-inch by 11-inch stock, folded once with an address panel for self-mailing.
g. Residential & Commercial Recycling Guides. The CITY shall design, prepare and print sufficient copies of a Residential recycling guide and a Commercial recycling guide for the following distribution methods:
• Initial Residential Distribut ion. With the initial distribution of Organic Waste Recycling Carts, CONTRACTOR shall distribute a recycling guide encased in a carrier envelope accompanying each Cart. Simultaneous with the distribution of Organic Waste Recycling Carts, Contractor shall also mail a recycling guide to each existing green waste Customer. • Initial Commercial Distribution. With the initial enrollment of Commercial establishments in Organic Waste Recycling, CONTRACTOR’s Recycling Ambassadors shall provide each Commercial Customer with a recycling guide. • Special Event Distribution. For use as handouts by CITY staff and CONTRACTOR representatives at special events.
• Annual Distribution. Annually after the initial distribution, the CITY shall mail a recycling guide to each Residential Customer and each Commercial Customer. CONTRACTOR shall provide the mailing list for this mailing.
h. Customer Feedback Report. Once annually, for each Commercial Customer for which a Hauler Route review inspection has been performed, CON TRACTOR shall produce a report on the Customer’s recycling practices. The report may be distributed in one of three ways:
electronically via email, hard copy via first class mail, or accessible on Customer’s online account page. The feedback report may sum marize services, results of monitoring inspections, and an effectiveness rating of Customer’s recycling practices in narrative, letter grade, dashboard speedometer dial, or other manner of presentation. Report details shall be developed in cooperation with CITY.
i. Webpage. CONTRACTOR shall maintain separate Residential and Commercial webpages on its website with current information regarding the respective recycling programs with active links to CalRecycle and CITY’s Office of Sustainability webpages. a. CONTRACTOR shall post its quarterly Residential and Commercial newsletters on its website.

B. RESIDENTIAL SERVICES
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1. Cart Specifications, Colors, Identification, and Labels All Carts provided to Customers by CONTRACTOR shall be industry standard rotational molded plastic carts with wheels and attached lids. The Carts shall be of the proper color with identification of purpose and labeling complying with the requirements of SB 1383.

Cart specifications, colors, identification, and labels shall be approved by CITY.

CITY acknowledges that existing Carts provided to Customers do not meet the requirements of SB 1383 for color and labeling and CITY hereby authorizes CONTRACTOR to transition from non- compliant to compliant Carts as part of its on- going replacement of aged -out Carts as provided for by the SB 1383 Regulations. For Carts already in service, Contractor shall affix compliant labeling stickers before January 1, 2022, or as reasonably soon thereafter as possible.

CITY and CONTRACTOR will cooperate on the use of QR Codes in labels to enable residents to access a mobile device application to access updated lists of accepted materials and special information and messages related to recycling and organic waste recycling.

2. Accepted Materials
CONTRACTOR shall collect the Accepted Materials listed below for the Residential Recycling Program and the Residential Organic Waste Recycling program. The presence of Prohibited Materials may result in extra charges in accordance with the approved Rate Schedule and/or enforcement actions by City.

RESIDENTIAL NON-ORGANIC RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Cardboard
(OCC)
Clean, uncoated & flattened cardboard Soiled cardboard, Wax-coated cardboard Paper Cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office
paper, newspaper, telephone books, white paper
Facial tissue
Plastics ID codes & common products:
#1 PET – soda water bottles, cups, jars, trays &
clamshells
#2 HDPE – milk jugs, detergent & shampoo bottles,
flowerpots, grocery bags
#3 PVC – cleaning supply jugs, pool liners, twine,
sheeting, automotive product bottles
#4 LDPE – bread bags, paper towel & tissue
overwrap, squeeze bottles, trash bags, six-pack
rings
#5 PP – yogurt tubs, cups, juice bottles, straws,
hangers, sand & shipping bags
Rigid plastic toys, Plastic furniture, Cling
wrap for food, Frozen food bags, #6 PS –
to go containers hot cups, shipping
cushion. #7 Other – polycarbonate,
Lexan, CDs, ABS, Garden hoses
Metal Aluminum cans, Aluminum foil, Empty aerosol cans, Pie tins, Tin, steel, bi-metal cans
Coat hangers
Glass Jars, Bottles Light bulbs, Mirrors, Window glass, Ceramics, Dishes
Other Green waste, Food waste, C&D,
Electronic waste, Animal waste, Diapers,
Hazardous waste

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RESIDENTIAL ORGANIC WASTE RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Green Waste
Grass clippings, leaves, weeds, prunings, flowers,
Wood waste & lumber (untreated & unpainted)
Other yard waste
Stumps, Soil, Pressure-treated wood,
Painted wood, Wood with foreign
objects (nails, screws, brackets, etc.),
Glass, Metal, Plastic-coated or wax-
coated cardboard, Any material too
large for container, Palm fronds, Soiled
cardboard
Food Waste
Bagged food waste ONLY
Fruits & vegetables, Dairy products & bread,
Cooked meat & seafood (including bones &
shells), Coffee grounds & filters (except K-pods),
Food soiled paper products, Food-soiled
cardboard products, Fiber-based & certified
compostable foodware
Raw meat & seafood, Rubber bands,
Twist ties, Plastic & non-certified
compostable food containers &
foodware, Recyclables (plastic, glass,
metal), K-pods
Other Hazardous waste, Non-organic waste

3. Changes to Accepted Materials
CONTRACTOR may update the list of Accepted Materials to reflect changes in markets, recyclability of materials, or acceptance by processor by giving sixty (60) days’ advance written notice to CITY and thirty (30) days’ advance written notice to Residential Customers.

The advance notice to Residential Customers may be made through the CONTRACTOR’s quarterly newsletter. Any changes in the list of Accepted Materials shall also be accompanied by either a new Container label or a sticker affixed by CONTRACTOR to existing Container labels which clearly indicates the updated listing of materials accepted and not accepted.

Any changes in the list of Accepted Materials shall also be accompanied by either a new Container label or a graphic sticker affixed by CONTRACTOR to Containers which clearly indicate the updated listing of materials accepted and not accepted, or through the use of a Quick Response Code (QR Code) affixed by CONTRACTOR to Containers from which Commercial Customers can access the updated listing of materials accepted and not accepted using a smart phone or tablet.

C. COMMERCIAL SERVICES
CONTRACTOR shall perform collections of Refuse, Recycling, and Organic Waste generated by Commercial customers from Bins or Carts provided to business establishments and institutions and to Residential premises subscribing to Bin service.

1. Container Specifications, Colors, Identification and Labels a. Container specifications, colors, identification, and labels shall be approved by CITY. b. CITY acknowledges that existing Containers provided to Customers do not meet the requirements of SB 1383 for color and labeling and CITY hereby authorizes CONTRACTOR to transition from non -compliant to compliant Carts as part of on -going replacement of aged- out Carts as provided for by the SB 1383 Regulations . For Carts and Bins already in service, CONTRACTOR shall affix labels before January 1, 2022, or as reasonably soon thereafter as possible.

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c. CITY and CONTRACTOR will cooperate on the use of QR Codes in labels to enable Commercial customers to access a mobile device application to access updated lists of accepted materials and special information and messages related to recycling and organic waste recycling.

2. Accepted Materials
CONTRACTOR shall collect the Accepted Materials listed below for the Commercial Recycling Program and the Commercial Organic Waste Recycling program.

The presence of Prohibited Materials may result in extra charges, enforcement actions and/or removal of containers.

COMMERCIAL RECYCLING PROGRAM
Category Accepted Materials Prohibited Materials
Cardboard
(OCC)
Clean, uncoated & flattened cardboard Soiled cardboard
Wax-coated cardboard
Paper Cereal boxes, envelopes, file folders, frozen food boxes, junk mail, magazines, mixed paper, office paper,
newspaper, telephone books, white paper

Facial tissue
Plastics ID codes & common products:
#1 PET – soda water bottles, cups, jars, trays &
clamshells
#2 HDPE – milk jugs, detergent & shampoo bottles,
flowerpots, grocery bags
#3 PVC – cleaning supply jugs, pool liners, twine,
sheeting, automotive product bottles
#4 LDPE – bread bags, paper towel & tissue
overwrap, squeeze bottles, trash bags, six-pack rings
#5 PP – yogurt tubs, cups, juice bottles, straws,
hangers, sand & shipping bags
Rigid plastic toys, Plastic furniture,
Cling wrap for food, Frozen food
bags, #6 PS – to go containers hot
cups, shipping cushion, #7 Other –
polycarbonate, Lexan, CDs, ABS,
Garden hoses
Metal Aluminum cans, Aluminum foil, Empty aerosol cans, Pie tins, Tin, steel & bi-metal cans
Coat hangers
Glass Jars, Bottles Light bulbs, Mirror, Window glass,
Ceramics, Dishes
Other Green waste, Food waste,
Construction debris, Electronic
waste, Animal waste, Diapers,
Hazardous waste

COMMERCIAL ORGANIC WASTE RECYCLING PROGRAM
Category Accepted Materials Materials NOT Accepted
Green Waste Grass clippings, leaves, weeds, prunings, flowers, Wood waste & lumber (untreated & unpainted)
Other yard waste
Stumps, Soil, Pressure-treated
wood, Painted wood, Wood with
foreign objects (nails, screws,
brackets, etc.), Glass, Metal, Plastic-
coated or wax-coated cardboard,
Any material too large for
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container, Palm fronds, Soiled
cardboard
Food Waste Bagged food waste ONLY
Fruits & vegetables, Dairy products & bread, cooked
meat & seafood (including bones & shells), Coffee
grounds & filters (except K-pods), Food soiled paper
products, Food-soiled cardboard products, Certified
fiber-based foodware
Raw meat & seafood, Rubber
bands, Twist ties, Plastic and non-
certified food containers &
foodware, Recyclables (plastic,
glass, metal). K-pods
Other Hazardous waste, Non-organic
waste

The advance notice to Commercial Customers may be made through the CONTRACTOR’s quarterly newsletter. Any changes in the list of Accepted Materials shall also be accompanied by either a new Container label or a sticker affixed by CONTRACTOR to existing Container labels which clearly indicates the updated listing of materials accepted and not accepted.

4. Enrollment
CONTRACTOR’s representative shall enroll each new Commercial establishment in Recycling and Organic Waste Recycling service in real time by electronic entry in CONTRACTOR’s customer relationship management system. CONTRACTOR shall provide each new subscribing Commercial establishment with an in-person orientation to Recycling and Organic Waste Recycling and a printed recycling guide.

CONTRACTOR’s Customer file shall include record of recycling orientation, education, and every training conducted by CONTRACTOR.

CONTRACTOR shall maintain a monthly cumulative record of all Customer enrollments, including name, service address, subscribed services, recycling orientation, education, and trainings, and such record shall be made available to CITY upon request.

D. OBSERVED CONTAMINATION
If CONTRACTOR’s Collection driver or other representative encounters a Container with noticeable contaminants, the driver or representative shall:
• Tag the Container as uncollectable.
• Photograph the Container’s contents.
• Report the service address to CONTRACTOR’s dispatch office by electronic tablet or by radio or phone.

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• Sort and collect the materials or leave the tagged Container uncollected for later collection as disposed waste, pursuant to CITY Code.

CONTRACTOR’s Ambassador or dispatch office shall notify the Customer of the condition by telephone or electronic mail and advise Customer of the need to remove the contaminates for proper recycling or disposal. Contractor’s field representative shall initiate an in -person visit with Customer to educate the Customer’s representative and offer training of Customer’s employees.

A report of observed contamination shall be reported to CITY electronically or in writing.

1. Uncollected Containers
BLUE, GREEN OR BROWN Containers uncollected by CONTRACTOR due to contamination shall be collected for disposal as GRAY Container Solid Waste. Containers with contamination tagged before Noon shall be collected for disposal the same day, while Containers with contamination tagged after Noon shall be collected for disposal the following workday. Containers with contamination collected as Refuse shall be subject to the return trip charge specified in the approved Rate Schedule except that return trip charge shall be waived as courtesy for a Customer’s first offence.

2. Waivers
Commercial establishments may be granted a waiver by CITY from recycling, green waste recycling or food waste recycling for reasons of self- hauling, alternative arrangements, de minimis generation, or space limitations as may be specified in CITY and State regulations.

CITY shall establish regulations for waivers and an application form and for a review and approval process.

CONTRACTOR shall cooperate with CITY in performing site reviews before waivers are granted or denied.

CITY’s waivers may be granted for a specified period of time. CITY shall provide CONTRACTOR with a record of each granted waiver, and CONTRACTOR shall enter each waiver into CONTRACTOR’s Customer file.

E. CONTAMINATION MONITORING AND HAULER ROUTE REVIEWS

1. Written Work Plan
Within thirty (30) days following the Effective Date of the Agreement and prior to January 1 of each subsequent year, CONTRACTOR shall provide CITY with a written schedule for the calendar year for performing Hauler Route reviews and Waste Evaluations. During the course of a calendar year, CONTRACTOR may amend the schedule by providing CITY with a revised written schedule.

2. Contamination Monitoring Program
CITY has elected to utilize the three-Container Organic Waste Collection Service as described in 14 CCR Section 18984.1 as its approach to Standard Collection Service for Residential and Commercial collections.

CONTRACTOR shall perform contamination monitoring of its Residential and Commercial services. a. Residential Contamination Monitoring. CONTRACTOR’s Residential contamination monitoring shall consist of Hauler Route reviews and Waste Evaluations.

Residential Hauler Route reviews entail visual inspections of select individual Residential Containers for contamination and are intended to satisfy the SB 1 383 contamination monitoring requirement (14 CCR Section 18984.5(b)).

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present and are intended to provide CITY with a means of monitoring diversion progress and the effectiveness of public education and outreach efforts. a. Commercial Contamination Monitoring . CONTRACTOR’s Commercial contamination monitoring shall consist of Hauler Route reviews and Comprehensive Individual Inspections. (The term “Commercial customers” means business establishments utilizing Bin services, and detached residential dwelling neighborhoods, attached residential dwelling neighborhoods, and multi-family apartment complexes utilizing Bin services.) Commercial Hauler Route reviews entail visual inspections of select individual Commercial Containers for contamination and are intended to satisfy the SB 1383 contamination monitoring requirement (14 CCR Section 18984.5(b)).

Commercial Comprehensive Individual Inspections entail detailed physical inspections of the contents of Containers used by individual Commercial customers and are intended to be a part of CITY’s enforcement program.
(Waste Evaluations will not be performed in the Commercial contamination monitoring program.)
b. Contamination Monitoring Program Evaluation. Following the end of each calendar year, the Parties shall meet to evaluate the contamination monitoring program.

3. Hauler Route reviews
A Hauler Route review means monitoring select Customer Containers for contamination and entail:
• A visual inspection for the presence of prohibited materials in each GRAY, BLUE, GREEN or BROWN Container used by an individual Customer;
• That are available for collection on Customer’s regular collection day; • Where the Customer is part of a sample population selected at random; • From each of CONTRACTOR’s GRAY Container daily routes.

For each GRAY Container selected for inspection, every Container offered within that Customer class will be inspected as part of the work.
a. Visual Inspection . A “visual inspection” entails scrutinizing the contents of Containers by CONTRACTOR’s representative for the obvious presence of any Prohibited Materials (which may involve probing the contents with a poker and opening bags or boxes toward the top of the Container but does not mean the opening of bags or boxes lower within the Container, nor the removal of the contents of the Container to perform the inspection). b. Inspection Schedule. CONTRACTOR’s Hauler Route review inspections of Containers on an individual route shall be conducted on the same day, however, visual inspections for different routes need not be conducted on the same day or even in the same week.

To accommodate CONTRACTOR’s available resources, Residential and Commercial Hauler Route review inspections may be staggered over the course of the calendar year at CONTRACTOR’s discretion in accordance with the written work plan. c. Sample Selection. Customers chosen to be part of a sample population for Hauler Route review inspection shall be selected at random by route.

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c. Inspection Day & Sample Size. Residential Hauler Route review inspections shall occur on the day of collection. Commercial Route Review inspections may be performed on the day prior to or day of a scheduled collection. If any of the Containers of a Customer have been collected prior to inspection, the inspector will move on to the next Customer on the target list.

To maintain the target sample size, the number of randomly selected accounts to be sampled on a route will be tripled so that the target sample size can still be achieved even if some accounts are not inspected because one or more Containers of an account have already been collected.

Once CONTRACTOR’s inspector has performed the required number of inspections on a route or exhausted the list of randomly selected accounts, inspections for that route shall be determined as concluded.
d. Hauler Route Review Procedures. When conducting a visual inspection as a part of a Residential or Commercial Hauler Route review, CONTRACTOR’s inspector shall perform the following procedures with the intent of determining if any Prohibited Material is present:

1. Confirm the service address;

2. Record the Customer’s subscribed number and size of Containers by type (GRAY, BLUE, GREEN, or BROWN);

3. Record the number and size of Containers by type (GRAY, BLUE, GREEN, or BROWN) available for inspection;

4. Open the lid of each Container;

5. Inspect the contents of each Container for the presence of any Prohibited Materials visible to the inspector (which may involve probing the contents with a poker, but does not mean the removal of the contents of the Contain er to perform the inspection; if waste is bagged, inspector will slash open the top one or two bags and probe the contents);

6. Make a finding of either: “PASS” (meaning that no Prohibited Materials were observed), or “FAIL” (meaning that some Prohibited Materials were observed);

7. Record the finding for each Container;

8. Attach a PASS or a FAIL notice to each Container. For Commercial customers receiving a FAIL rating, CONTRACTOR’s inspector shall attempt to contact a responsible representative of the Customer and deliver the notice in person. When in -person delivery is not possible, the notice shall be delivered via US Postal Service or by electronic mail.
e. Post-Inspection Notices . All post -inspection notices shall include a message advising the Customer that the inspection was performed as required by State Regulations solely for the purpose of minimizing Prohibited Materials in Containers and shall contain the date of inspection and identification of the inspector.
• PASS notices shall carry a positive message congratulating the Customer on their environmental awareness and participation.

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• FAIL notices shall identify the Prohibited Material(s) found and direct the Customer to the CITY’s and CONTRACTOR’s websites for more information regarding correct recycling practices.

The form and content of post-inspection notices shall be approved by the CITY in advance of their use.

4. Contamination Monitoring Reporting
a. Hauler Route Review Reports. Contractor shall maintain a record of each Route Review inspection including the date of inspection, Customer name, service address, Container description (including type, size, and number), PASS or FAIL finding, notification made, if any, and recommended follow-up action, if any.

For Containers with excessive amounts of Prohibited Waste, the record shall include a photographic record of the inspection and a copy of written notification to the Customer. b. Monthly Report. Monthly, Contractor shall provide CITY summary of inspections performed.

Records of individual inspections shall be maintained and available for inspection by the CITY. c. Annual Report. Within thirty (30) days of completing the Residential or Commercial Hauler Route reviews for the calendar year, CONTRACTOR shall submit a report to the CITY which shall summarize the overall findings by Container type, summarize the findings by Container type by daily route, provide a listing of each account inspected organized by route, and indicating the finding for each Container by type for that Customer. d. Waste Evaluation Reports. Within thirty (30) days of completing Waste Evaluations for the calendar year, CONTRACTOR shall submit a report to the CITY describing the procedures, dates, routes evaluated, and the amounts of Prohibited Materials expressed as a percentage of the total weight of the samples.
e. Outreach and Education by CITY. As a follow-up to CONTRACTOR’s reports of Hauler Route reviews, CITY shall perform outreach and education to individual Residential and Commercial generators that acknowledges Customers achieving a PASS rating and educates Customers receiving a FAIL rating.

5. Residential Hauler Route Reviews
The number of visual inspections performed in a Residential Hauler Route review shall be determined as follows:
a. Initial Residential Hauler Route Review . In the first calendar year of the Agreement, CONTRACTOR shall perform Route Review inspections of the available GRAY, BLUE, and GREEN Containers of 27 Residential Customers from each of CONTRACTOR’s daily GRAY Container Residential Routes.

Example: If CONTRACTOR operates 3 GRAY Container routes, 5 days per week, the accounts to be sampled would total 405.
[3 routes x 5 days = 15 daily routes; 15 daily routes x 27 inspections = 405 total inspections]
b. Subsequent Hauler Route Reviews. Commencing January 1, 2023, and each calendar year thereafter, CONTRACTOR’s Hauler Route review shall consist of visual inspections of a combination of 320 new inspections and up to 80 re-inspections:

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• New Inspections. For new inspections, 21 accounts will be selected randomly from each route. To account for the possibility that some accounts may have been collected prior to the arrival of the inspector, the random list shall include three times the number of inspections planned.

Example: If CONTRACTOR operates 3 GRAY Container routes, 5 days per week, the 320 total samples would result in 21 inspections per route. [320 total samples ¸ 15 daily routes = 21.33; say 21]
If 21 individual inspections are to be performed, the list of random account addresses for a route shall be 63.
[21 planned inspections x 3 = 63 random account addresses] • Re-Inspections. Up to 80 Residential Customers selected by CITY from among Customers that received a FAIL rating in the previous year’s inspection shall be re - inspected in the following year. To the extent reasonably possible, CONTRACTOR shall attempt to perform re -inspections at about the same time of year as the original inspection.
c. Residential Container Exchanges It is intended that CONTRACTOR’s Visual Inspections of Residential Containers will be made on the Route, however, at CONTRACTOR’s discretion, Customer Containers to be inspected in a Hauler Route review may be exchanged on the route, like-for-like, and brought to CONTRACTOR’s facility where the visual inspection will be performed. If the exchange process is used, replacement Containers shall be either new Containers or clean refurbished Containers.

6. Commercial Hauler Route Reviews
In the first calendar year of the Agreement, and each calendar year thereafter, CONTRACTOR shall perform Hauler Route review inspections of the GRAY, BLUE, GREEN, or BROWN Containers of approximately 400 Commercial Customers allocated equally over each of CONTRACTOR’s Commercial GRAY Container Routes.

Example: If CONTRACTOR operates 7 GRAY Conta iner routes, 5 days per week, the 385 accounts to be inspected would be distributed over 35 routes, resulting in 11 account inspections per route.
[7 routes x 5 days = 35 daily routes; 385 inspections ] Roll-off Containers (debris boxes and stationary compactors) used regularly by Commercial customers are limited in their number and shall be included for selection for a Commercial Hauler Route review but shall be limited to two such Containers per calendar year.
a. Commercial Re -Inspections. Commercial Customers that fail an inspection shall be re - inspected within sixty (60) days following outreach by CONTRACTOR or CITY to that customer. Commercial Customers that fail a re -inspection shall be reported individually to the CITY for follow-up by the CITY . CONTRACTOR’s requirement to perform re -inspections shall be limited to 7 per calendar month. On an annual basis, every route will be reviewed based on the inspection schedule included in the written work plan.

7. Residential Waste Evaluations
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A Residential Waste Evaluation is the measurement of contamination found in a 200 -pound sample of waste taken from a route truck load of GRAY Container waste collected from Residential customers from a single route.
a. Frequency. Residential Waste Evaluations shall be performed on each GRAY Container route once each calendar year.

To accommodate CONTRACTOR’s available resources, Residential Waste Evaluations may be staggered over the course of the calendar year at CONTRACTOR’s discretion according to the written work plan.
b. Residential Waste Evaluation Procedures
In a Residential Waste Evaluation, an approximately 200 -pound sample is collected from a single load of GRAY Container waste from a daily route and analyzed for Prohibited Material.

CONTRACTOR shall adhere to the following procedures when conducting a Residential Waste Evaluation:
c. Frequency & Number. Residential Waste Evaluations shall be conducted once annually, on a load from each Residential GRAY Container route.

Example: If Contractor operates 3 Residential GRAY Container routes 5 days per week, 15 Waste Evaluations shall be performed. [3 routes x 5 days = 15 Waste Evaluations]
d. Load Sample. A Container load of at least 3-tons from which a sample is to be taken shall be delivered to a permitted Solid Waste facility and deposited onto a sorting area.

One sample of approximately 200 -pounds, randomly selected from different areas of the load, shall be removed from the load for examination.

For each 200 -pound sample, any Prohibited Material shall be physically removed and weighed.

The percentage of contam ination shall be determined by dividing the total weight of Prohibited Material by the total weight of the sample.

Example: If the sample weighs 200 -pounds and the total weight of Prohibited Materials is 40 -pounds, the computed percentage of Prohibited Materials is 20%.
[40-pounds Prohibited Material ¸ 200-pound sample weight = .20 = 20%]

8. Commercial Enforcement Inspections
Individual Enforcement Inspections shall be reserved for situations at Commercial establishments that are part of a CITY code enforcement action for excessive contamination or persistent non -participation.

Enforcement Inspections will not be deployed for Containers collected individually from Residential Customers.

When directed by CITY by a seven (7) day advance written notice, CONTRACTOR shall perform an Enforcement Inspection of Containers used by a Commercial Customer. At CONTRACTOR’s sole discretion, such inspections may be performed at the Customer’s premises or at CONTRACTOR’s facility.

Item 2C - 145

Palm Springs Agreement Page 116
CONTRACTOR shall be compensated by the Customer for the cost of a n Enforcement Inspection in accordance with the rates authorized in the approved Rate Schedule. Before commencing an Enforcement Inspection, CONTRACTOR shall provide Customer with a written estimate of the cost.

Enforcement Inspections shall be performed under the direct supervision of the CITY as a part of an enforcement action and shall consist of a physical inspection of eac h Container used by Customer to determine the percentage by weight of Prohibited Material present in each of Customer’s Containers.

CONTRACTOR’s inspections shall entail the following steps:

1. Identify the proper GRAY, BLUE, GREEN and/or BROWN Containers and confirming the associated Customer;

2. Weigh the contents of each Container;

3. Physically separate Prohibited Material from Accepted Material of each Container;

4. Weigh the Prohibited Materials recovered from each Container;

5. Compute the rate of Prohibited Materi al for each Container as a percentage of the total weight of the Container’s original contents;

6. Rate each Container as PASS or FAIL based upon the Contamination Threshold below; and,

7. Prepare and submit to City a report of the inspection which may include photographic findings. a. Contamination Thresholds . Prohibited Materials in Commercial Containers undergoing a Comprehensive Individual Inspection shall be evaluated based upon the Contamination Thresholds identified below:

Contamination Thresholds
Container Type % Contamination
Limit by Volume
GREEN (roll-off yard waste only)
GREEN (mixed organic)
BROWN
BLUE
GRAY
2%
10%
1%
20%
25%

Containers that exceed the percentage contamination limit shall be rated as FAIL.

After twelve-months, CITY and CONTRACTOR shall review the contamination thresholds and modify if warranted.
b. Limitation on Number of Enforcement Inspections. The Parties recognize that Enforcement Inspections require the use of limited resources and space and could detract from the overall outreach and education objective; therefore, the number of Enforcement Inspections shall be limited to not more than ten (10) per year with no more than two (2) such inspections performed in any thirty (30) day period.

If CITY requires additional inspections beyond those required to meet SB 1383 requirements, it may engage an independent party to perform those inspections.

F. ADDITIONAL SB 1383 REQUIREMENTS

1. Community Composting
Item 2C - 146

Palm Springs Agreement Page 117
CONTRACTOR shall support any community compost program within CITY’s boundaries that is locally organized, operated by volunteers, properly sized and properly permitted in accordance with State requirements and the CITY Code by delivering sufficient quantities of food waste and/or mixed organic waste on demand within two (2) business days of the request, and at no charge to the community compost program or the CITY. CONTRACTOR offers no assurances as to the suitability of the material for use by the community composting program.

2. Recovered Organic Products
a. Recovered Organic Product Giveaway . In conjunction with the semi-annual Community Clean-Up Drop-Off Event, CONTRACTOR shall provide up to 40-cubic yards of bulk compost or bulk mulch and satisfy the requirements of 14 CCR Sections 18993.1 and 18993.2 for distribution to CITY Residents who shall be allowed to fill containers that they provide on a first-come, first serve basis at no cost. CONTRACTOR shall deliver any compost and/or mulch remaining after the event to a site designated by CITY for use by CITY. Beyond the provision of recovered organic product giveaway at clean -up drop -off events and reporting CONTRACTOR’S own recovered organic product usage, CONTRACTOR shall have no further obligation with regard to the CITY’S recovered organic procurement target of 14 CCR Section 18993.1(c).
b. Recovered Organic Product Usage. CONTRACTOR shall report to CITY any recovered organic products used by CONTRACTOR in its operation including bulk material or recovered biogas.

3. Edible Food Recovery Assistance
CITY shall have the primary role and responsibility to arrange, monitor and enforce participation in a Commercial Edible Food Recovery Program. CITY shall create and maintain a listing that classifies Commercial establishments. CONTRACTOR shall assist CITY with its Edible Food Recovery Program by reporting new Commercial customers and providing Commercial Customers with information about the program.
a. Classification of Commercial Customers. As a part of the Organic Waste Recycling Program enrollment phase commencing January 1, 2022, CONTRACTOR, working with the CITY, shall classify all new Commercial customers as a ‘Tier One’ or a ‘Tier Two’ Edible Food Generators. b. Initial Report. Within thirty (30) days of the Effective Date of the Agreement, CONTRACTOR shall provide CITY information regarding new Commercial customers classifying them as Tier One and Tier Two Commercial Edible Food Generators which shall include:
• Customer name
• Service address
• Contact information
• Tier One or Tier Two classification
• Type of business
c. Annual Report. Commencing December 1, 2022, and annually thereafter, CONTRACTOR shall provide CITY with an updated report identifying Tier One and Tier Two Commercial Ed ible Food Generators.
d. Education. At least once annually in its Commercial quarterly newsletter, CONTRACTOR shall provide Commercial Customers with information about:

Item 2C - 147

Palm Springs Agreement Page 118
• City’s Edible Food Recovery Program
• Requirements of Commercial Edible Food Generators under the SB 1383 Regulations (14 CCR, Chapter 12, Article 10)
• Food Recovery Organizations and Food Recovery Services • Actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste
G. CALRECYCLE REPORTING
Annually, within ninety (90) days following the end of each calendar year, CONTRACTOR shall produce the following reports for CITY:

1. Mandated Recycling Programs
a. Commercial Establishments
• The number required to recycle
• The number participating in recycling
• The number exempt from recycling by reason
• The number not participating in recycling
• Description of problems encountered with recycling by Commercial establishments b. Multi-Family Dwellings
• The number required to recycle
• The number participating in recycling
• The number exempt from recycling by reason
• The number not participating in recycling
• Description of problems encountered with recycling by Multi-Family complexes

2. Mandated Organic Waste Recycling Programs
a. Commercial Establishments – Green Waste
• The number required to recycle green waste
• The number participating in green waste recycling
• The number exempted from green waste recycling by reason • The number not participating in green waste recycling • Description of problems encountered with green waste recycling by Commercial establishments
b. Commercial Establishment – Food Waste
• The number required to recycle food waste
• The number participating in food waste recycling
• The number exempted from food waste recycling by reason Item 2C - 148

Palm Springs Agreement Page 119
• The number not participating in food waste recycling
• Description of problems encountered with food waste recycling by Commercial establishments
c. Commercial Establishment – Mixed Organic Waste
• The number required to recycle mixed organic waste
• The number participating in mixed organic waste recycling • The number exempted from mixed organic waste recycling by reason • The number not participating in mixed organic waste recycling • Description of problems encountered with mixed orga nic waste recycling by Commercial establishments
d. Multi-Family Complexes – Green Waste
• The number required to recycle green waste
• The number participating in green waste recycling
• The number exempt from green waste recycling by reason • The number not participating in green waste recycling • Description of problems encountered with green waste recycling by Multi -Family complexes
e. Multi-Family Complexes – Mixed Organic Waste
• The number required to recycle mixed organic waste
• The number participating in mixed organic waste recycling • The number exempt from mixed organic waste recycling by reason • The number not participating in mixed organic waste recycling • Description of problems encountered with mixed organic waste recycling by Multi- Family complexes

3. Summary
A summary of enrollment, outreach, monitoring/inspections performed

Item 2C - 149

Palm Springs Agreement Page 120
EXHIBIT 4: LIST OF CITY FACILITIES
CITY facilities will be provided all services listed Article 5.11 at no charge exclusive of C&D Debris generated from the removal, construction, remodeling or refurbishing of a CITY facility or public works project.

Collections at CITY facilities will be scheduled at a time mutually agreed upon by the CONTRACTOR and the CIT Y.
• Airport
• Animal Shelter
• City Hall
• City Corporate Yard
• Library Center
• Parks and Recreation Facilities
o Leisure Center-Pavilion-Swim Center-Sunrise Park
o Desert Highland Unity Center
o Demuth Park and Community Center
o Gateway Park
o Ruth Hardy Park
o Palm Springs (Angel) Stadium
o Tahquitz Creek Golf Resort
o Dr. R. G. Frey/Jaycee Building
• Public Safety Facilities
o Police Department
o El Cielo Road Headquarters Fire Station 2
o Racquet Club Road Fire Station 3
o Indian Canyon Drive Fire Station 1
o La Verne Way Fire Station 4
o Bolero Road Fire Station 5
• Tourism Facilities
o Convention Center
o Plaza Theater
o Village Green
o Visitor Information Center
Notwithstanding the listing of the current facilities, it is expressly understood that the CITY may from time to time add or subtract from the foregoing facilities, provided that the new facilities are owned or leased by the CITY or its affiliated or subordinate agencies.

Item 2C - 150

Palm Springs Agreement Page 121
EXHIBIT 5: LIST OF CITY EVENTS
CONTRACTOR shall provide all necessary refuse and recyclable collection and disposal /processing services at the following events subject to the limitations noted below. Service needs may change over time due to participation, duration of events, and implementation of new events or deletion of current events. CITY may supplement this list by giving written notice to the CONTRACTOR of an additional CITY -sponsored event at least two (2) weeks before the event. All one-time annual event service, including increasing service, shall be provided by CONTRACTOR at no additional charge.

On-Going Weekly Events:

1. VillageFest, Downtown corridor (CONTRACTOR’S service to this event is limited to providing Containers for use by the public. Collection services are provided by CITY forces.) Annual Events:

1. Festival of Lights Parade, Downtown corridor

2. Veteran’s Day Parade, Downtown corridor

3. July 4
th Celebration, Sunrise Park and Ruth Hardy Park

4. City Clean-ups, periodic events in unspecified Neighborhoods

5. Black History Parade and Festival, Downtown corridor and Frances Stevens Park

6. Pride Parade, Downtown corridor

7. Tour de Palm Springs, temporary route

8. Women Running Wild, temporary route

9. Palm Springs High School Homecoming Parade, Downtown corridor

10. Desert Aids Walk, Downtown corridor

Item 2C - 151

Palm Springs Agreement Page 122
EXHIBIT 6: LIST OF DESIGNATED FACILITIES
Contractor designates the following Solid Waste Facilities for Solid Waste Collected in CITY.

1. Disposal Facilities
a. The Edom Hill Transfer Station (SWIS #33 -AA-0296), Cathedral City is the primary facility for the delivery and disposal of Solid Waste collected in the City. As of July 1, 2021, the Tip Fee at this facility is $56.01 per ton.

2. Mixed Recycling Facility
a. The Edom Hill Transfer Station (SWIS #33-AA-0296), Cathedral City is the primary facility for the delivery and diversion of source-separated mixed recycling. As of July 1, 2021, the Tip Fee at this facility is $91.64 per ton.

3. Green Waste Facility
a. The Edom Hill Transfer Station (SWIS #33 -AA-0296), Cathedral City is the primary facility for the delivery and diversion of mixed recycling. As of July 1, 2021, the Tip Fee at this facility is $51.49 per ton.

4. Organic Waste Facility
a. The Edom Hill Transfer Station (SWIS #33-AA-0296), Cathedral City is the primary facility for the delivery and diversion of source -separated food waste and c ommingled green waste and food waste. As of July 1, 2021, the Tip Fee at this facility $85. b. The Coachella Valley Compost (SWIS #33 -AA-0292), Coachella is a secondary facility for the delivery and diversion of source -separated food waste and commingled green waste and food waste. As of July 1, 2021, the Tip Fee at this facility is $75.00 per ton.

5. Metal and White Goods
a. SA Recycling (SWIS #33 -AA-0297), Thousand Palms is the primary facility for the delivery and diversion of metal and white goods. Tip fees at this facility vary by material type and market price.

6. Construction and Demolition Waste
a. Desert Recycling (SWIS #33-AA-0309), Thousand Palms is the primary facility for the delivery and diversion of construction and demolition waste. Tip Fees vary by material type.

7. Electronic Waste
a. Desert Arc (CEW #114349), Palm Desert is the primary facility for the delivery and diversion of construction and demolition waste. As of July 1, 2021 there is no tip fee at this facility.

Item 2C - 152

ATTACHMENT D
Proposition 218 Notice
Item 2C - 153

4690 East Mesquite Avenue | P.O. Box 2711 | Palm Springs, CA 92263 | 760-327-1351 July 14, 2022

Mr. Flinn Fagg
Deputy City Manager
Ms. Tracy Sheldon
Interim Director, Office of Sustainability
Office of City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Via Electronic Mail
[email protected]
[email protected]

Dear Mr. Fagg & Ms. Sheldon:

Re: CERTIFICATION OF MAILING

PSDS has proposed an adjustment to rates for solid waste services effective October 1, 2022.

Proposition 218 requires that the City Council hold a majority protest hearing in advance of approving the proposed maximum rates following the mail ing of a public notice at least 45 calendar days before the date of the public hearing.

The majority protest hearing before the City Council is scheduled for September 1, 2022.

Attached is the bilingual Public Notice that was mailed on July 11, 2022 to property owners and customers regarding the proposed rate adjustment effective October 1, 2022.

Also attached is a certification of that mailing from our mailing vendor BMS Technologies.

Please let me know if you have any questions or require anything further.

Sincerely,

Chris Cunningham
President

Attach:
(1) Public Notice
(2) Certification of Mailing
Item 2C - 154

Attachment 1

Bilingual Public Notice
Item 2C - 155

CITY OF PALM SPRINGS

NOTICE OF PUBLIC HEARING

REGARDING PROPOSED INCREASES TO

SOLID WASTE SERVICES RATES

You are receiving this notice because you are a property/record owner or tenant who is responsible for paying for solid waste services in Palm Springs, California.

NOTICE IS HEREBY GIVEN that the City of Palm Springs (the “City”) will hold a Public Hearing on September 1, 2022, at 5:30 p.m. to consider adopting increases to the rates for collection and handling of solid waste within the City (collectively, “Solid Waste Services”). The meeting will be conducted pursuant to AB 361 (Chapter 165, Statutes of 2021). The public hearing will be held in the City Council Chambers located at 3200 E. Tahquitz Canyon Way, Palm Springs CA 92262 and online at www.palmspringsca.gov/pstv. To call into the hearing (audio only), dial (760) 323-8204.

Persons wishing to address the Council remotely may submit written comments or speak.

To submit written comments, please email the City Clerk at [email protected] before 5:30 p.m. on September 1, 2022 and your comments will be distributed to Council and retained for the official record.

If you would like to speak at the public hearing, call the City Clerk's Office at (760) 323-8204 to be added to the public comment queue. Each speaker will be allowed to speak for up to two minutes.

If you have any questions or would like to confirm participation options, please contact the City Clerk’s office at [email protected] or (760) 323-8204.

The purpose of the public hearing is to consider all oral testimony and written protests to, and the adoption of, the proposed rates. This 45-day notice is hereby given in accordance with Section 6(a) of Article XIII D of the California Constitution.

Proposed Rate Increases

Palm Springs Disposal Services (“PSDS”) provides Solid Waste Services within the City pursuant to an exclusive franchise agreement. PSDS bills the customers directly for the services. Solid waste rates are evaluated periodically to maintain an adequate rate structure to fund the costs of providing Solid Waste Services to residents and commercial businesses.

The rate structure for monthly Solid Waste Service fees has three customer classes: (i) residential (ii) commercial and iii) industrial. The rates for Solid Waste Services imposed on each customer class are determined on the basis of (i) the size of the container (in gallons), or bin or cart (in cubic yards) serving the property; (ii) the type of container (e.g., solid waste, recycling, or green/organic waste) serving the property; and (iii) the frequency of pickups per week. The rate structure is comprised of service fees and material tipping fees.

As previously promised, the proposed rates provide for the removal of the Extraordinary Rate Adjustment that is in effect for the period January 1, 2022 through June 30, 2022 AND for the 50% reduction of the 2021 Rate Adjustment in effect for the same January 1, 2022 through June 30, 2022 period.

The proposed rate increases for Solid Waste Services are necessary for PSDS to provide mandatory organic waste collection services pursuant to regulations implementing Senate Bill 1383 (Chapter 395, Statutes of 2016). The proposed rates are calculated to recover the costs of providing weekly organic waste collection services, outreach, education, monitoring, reporting and container labeling to comply with the SB 1383 regulations, and to proportionately allocate those costs on a parcel basis among various customer classes. The rates to be imposed are set forth in Exhibit A of this Notice. Because each customer may Item 2C - 156
have a unique combination of services, please look at a recent bill to determine what services you have and use the table in Exhibit A to determinate how your rates may be impacted.

Annual Adjustment
The proposed maximum rates for Solid Waste Services shall be adjusted annually to account for inflation and increases in disposal fees. Beginning July 1, 2023, and each July 1 thereafter, through and including July 1, 2026, the disposal component and service component may be adjusted based on inflationary/fee changes below multiplied by the component’s assigned percentage weighting as specified in the franchise agreement, to calculate the rate change.

• Change to Material Tip Fee Component. The change in tip fees charged by the solid waste facilities that receive and process waste generated in Palm Springs (“Tipping Fees”). • Change to Service Component. The twelve-month average change in the previous calendar year in the Consumer Price Index for All Urban Consumers for Riverside-San Bernardino-Ontario, CA Area (CPI) year.

Public Hearing and Protests

Any property owner whose property is to be subject to the proposed increases to the rates for the solid waste service fees and any tenant directly responsible for the payment of such fees (i.e., a customer of record) may submit a written protest to the proposed rate increases; provided, however, only one protest will be counted per identified parcel. Any written protest must:
(1) state that the identified property owner or tenant is in opposition to the proposed rate increases; (2) provide the location of the identified parcel (by assessor’s parcel number or street address); and (3) include the name and signature of the property owner or tenant submitting the protest.

If the person submitting the written protest is the owner of record but was not shown on Riverside County’s last equalized assessment roll as the property owner, that person must provide written evidence that the person is the property owner. Written protests may be submitted by mail or in person to the City Clerk’s Office at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, provided they are received prior to the conclusion of the public comment portion of the Public Hearing. If submitting your protest by mail, please provide sufficient time for it to arrive prior to the close of the public comment portion of the public hearing.

Any protest submitted via e-mail or other electronic means will not be accepted. Please identify on the front of the envelope for any protest, whether mailed or submitted in person to the City Clerk, Attn: Public Hearing on Rate Increases.

The City Council will consider all written protests and hear and consider all oral comments to the proposed rate increases for Solid Waste Services and the annual rate adjustment at the Public Hearing. Oral comments at the Public Hearing will not qualify as formal protests unless accompanied by a written protest.

Upon the conclusion of the Public Hearing, the City Council will consider adoption of the rate increases to the Solid Waste Services and the annual rate adjustment as described herein. If written protests against the proposed Solid Waste Services and annual rate adjustment are not presented by a majority of the property owners of the identified parcels upon which the rates are proposed to be imposed and tenants directly responsible for the payment of the solid waste service fees, the City Council will be authorized to impose the Solid Waste Services and annual rate adjustment as outlined above. If adopted, the proposed rate increases will take effect beginning October 1, 2022. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Services.

Questions

If you have questions regarding this notice or how your rates will be affected, please go to www.yoursustainablecity.com. The website has more information and examples of rate adjustments for typical customers. You can also call (760) 323-8248 or email [email protected].

Item 2C - 157
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
CART SERVICES Customized Services - Additional cart pickup, one time only Basic Curbside Service:(4)(5) (For an extra pick-up from any cart on a non-scheduled collection day.) Economy Service (being renamed 'Basic Curbside Service' eff. 10/1/22) Curbside Service (formerly Economy & Family Value), each cart Individual Billing(6) 25.89$ 19.79$ 25.93$ Individual Billing 1.05$ 0.69$ 25.00$ Master Billing(7) 26.14$ 19.70$ 25.65$ Master Billing 1.05$ 0.69$ 25.00$ Family Value Service (being renamed 'Basic Curbside Service' eff. 10/1/22) Walk-In Service, each cart Individual Billing 35.60$ 24.34$ 25.93$ Individual Billing 1.05$ 0.69$ 25.00$ Master Billing 36.19$ 24.31$ 25.65$ Master Billing 1.05$ 0.69$ 25.00$ CUSTOMIZED SERVICES(8) (Ea. customized service added to cost of Basic Curbside Svc) Customized Service - 95-gallon Cart Customized Service - Walk-In Service Individual Billing 1.05$ 0.69$ No add'l fee Individual Billing 29.26$ 25.03$ 7.76$ Master Billing 1.05$ 0.69$ No add'l fee Master Billing 29.35$ 24.90$ 7.76$ Customized Service - 2nd Weekly pick-up Customized Service - Estate Service 80.66$ 64.99$ 60.66$ Individual Billing 1.05$ 0.69$ 25.00$ Customized Service - Extra Distance Charge Master Billing 1.05$ 0.69$ 25.00$ Ea. 50-ft increment beyond 50-ft 6.01$ 5.93$ 8.60$ Customized Service - Uncontained Waste (NEW)(10) Customized Service - Vacation Rental Property (VRP) Service (NEW)(9) Basic Curbside Service n/a n/a 5.00$ Required for permitted VRPs n/a n/a 27.00$ Walk-In Service n/a n/a 6.80$ Customized Service - Additional Carts Customized Service - Manual Collection(11) Note: Effective 10/1/22 add'l recycling carts will no longer be free. Manual Collection Economy (Basic Curbside) Service Basic Curbside (Economy & Family Value) Service Add'l Cart, each cart Individual Billing 28.90$ 22.79$ 4.72$ Individual Billing 9.03$ 6.15$ 8.63$ Master Billing 29.11$ 22.64$ 4.72$ Master Billing 8.99$ 6.11$ 8.63$ Manual Collection Family Value (Basic Curbside) Service Add'l Recycling Cart Individual Billing 39.22$ 27.90$ 4.72$ First Additional Cart Free Free 8.63$ Master Billing 39.77$ 27.83$ 4.72$ Each Add'l Cart - Curbside 2.69$ 2.66$ 8.63$ Manual Collection Walk-In Service Walk-In Service Additional Cart, each cart Individual Billing 33.25$ 28.99$ 13.06$ Individual Billing 14.54$ 12.49$ 11.46$ Master Billing 33.30$ 28.84$ 13.06$ Master Billing 14.41$ 12.38$ 11.46$ Manual Collection Estate Service Add'l Recycling Cart Individual Billing 90.76$ 74.97$ 74.81$ First Additional Cart Free Free 8.63$
Each Add'l Cart - Walk-In 6.01$ 5.93$ 8.63$
Service Description Service Description
RESIDENTIAL SERVICES(3)
RESIDENTIAL SERVICES, continued
Item 2C - 158

I I I I I I
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
Customized Service - Manual Collection Additional Carts MISCELLANEOUS CHARGES Curbside Service, each cart, weekly pickup Change Service Charge 25.00$ 25.00$ 25.00$ Individual Billing 10.07$ 7.07$ 8.63$ Replace Cart Charge 67.42$ 66.78$ 69.84$ Master Billing 10.00$ 6.98$ 8.63$ Returned Check/Failed Electronic Payment Walk-In Service, each cart, weekly pickup Each event 35.00$ 35.00$ 35.00$ Individual Billing 15.37$ 14.26$ 8.63$ Past Due Charge Master Billing 15.22$ 14.09$ 8.63$ 90-days or more past due (per mo.) 1.50% 1.50% 1.50% Customized Services - Manual Collection Extra Cart One Time Pickup Delinquent Account Charge (For an extra pick-up from any cart on a non-scheduled collection day.) Applied to delinquent amount 20% 20% 20% Curbside Service (formerly Economy & Family Value), each cart Individual Billing 1.58$ 0.88$ 25.00$ Commercial Cart Service Master Billing 1.58$ 0.88$ 25.00$ Value Service Manual Collection Walk-In Service, each cart Each cart each pick-up day 36.13$ 29.79$ 32.46$ Individual Billing 1.92$ 1.66$ 25.00$ Add'l cart one time pick up 5.27$ 3.71$ 4.04$ Master Billing 1.91$ 1.67$ 25.00$ Standard (Walk-In) Service Customized Services - Green Waste Services(12) Each cart each pick-up day 70.05$ 65.23$ 71.09$ One-Time Subscription Charge 14.15 $ DiscontinuedDiscontinued Add'l cart one time pick up 8.78$ 7.67$ 8.34$ Curbside Service Commercial Can Service
Cart & Manual Service Free Free Free Value Service
Walk-In Green Waste Cart & Manual Walk-In Service 4 cans each pick-up day 36.13$ 29.79$ 32.46$ Cart & Manual Service 6.01 $ 5.95 $ Free Add'l can one time pick up 5.27$ 3.71$ 4.04$ BULKY ITEM COLLECTION Standard (Walk-In) Service
First 2 items(13) Free Free Free 4 cans each pick-up day 70.05$ 65.23$ 71.09$ Additional Items, each 7.53$ 7.47$ 25.00$ Add'l can one time pick up 8.78$ 7.67$ 8.34$ Appliances Custom Service - 2nd Weekly Collection
If one of free Bulky Items Free Free Free Standard (Walk-In) Service As an Additional Item 67.06$ 66.42$ 69.50$ Added charge per cart 2nd pick-up 70.13$ 65.30$ 71.17$ SPECIAL HAUL SERVICE Custom Service - 95 Gallon Cart
Each 15 minute increment 16.41$ 16.27$ 25.00$ Value 95 Service Each 95-gallon cart 53.45$ 44.03$ 48.01$ Add'l cart one-time pick-up 7.62$ 5.41$ 5.89$ COMMERCIAL SERVICES(14)
Service Description Service Description
RESIDENTIAL SERVICES, continued RESIDENTIAL SERVICES, continued Item 2C - 159

Commercial Bin Service First bin $ 113.67 $ 100.79 $ 109.83 2 CY Bin Service Each additional bin $ 55.84 $ 43.50 $ 47.40 First weekly pickup $ 155.11 $ 128.24 $ 139.78 Priority same day service:

Each additional pickup $ 129.59 $ 102.96 $ 112.23 Each bin $ 144.73 $ 131.55 $ 143.36 Next day service: Saturday/holiday service
First bin $ 85.50 $ 78.78 $ 85.56 Each bin $ 144.73 $ 131.55 $ 143.36 Each additional bin $ 31.00 $ 24.79 $ 27.02 Temporary Bin Rental Service Priority same day service: 3-CY 7-day Clean-Up Bin $ 208.69 $ 159.54 $ 180.33 Each bin $ 116.58 $ 109.56 $ 119.41 Monthly Rental 562.63 $ 352.90 $ 502.19$ Saturday/holiday service Each extra pick-up $ 175.56 $ 126.72 $ 173.88 Each bin $ 116.58 $ 109.56 $ 119.41 Mixed C&D Debris, Diverted 3 CY Bin Service 3 CY 7-day Construction Bin $ 165.10 $ 122.19 $ 173.88 First weekly pickup $ 215.92 $ 175.75 $ 191.57 Each extra pick-up $ 165.10 $ 122.19 $ 173.88 Each additional pickup $ 182.87 $ 143.04 $ 155.92 Wkly rental (no activity for 7 days) n/a n/a 98.88 $ Next day service: Stationary Compactor Service
First bin $ 100.22 $ 90.42 $ 98.55 2 CY Compactor (per pickup) $ 139.61 $ 120.36 $ 131.17 Each additional bin $ 44.82 $ 35.55 $ 38.74 3 CY Compactor (per pickup) $ 157.87 $ 129.99 $ 141.67 Priority same day service: 4 CY Compactor (per pickup) $ 176.39 $ 139.75 $ 152.31 Each bin $ 131.30 $ 121.20 $ 132.10 COMMERCIAL SERVICES, continued COMMERCIAL SERVICES, continued Service Description Service Description
Item 2C - 160

I I I I I I
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
Miscellaneous Charges Source Separated Green Waste, continued Return Trip - Inaccessible Bins $ 47.76 $ 47.29 $ 49.41 2-CY Bin Bin Relocation Charge: First bin 199.03$ 123.40$ 209.33$ First Bin $ 45.59 $ 45.17 $ 47.17 Each additional bin 199.03$ 123.40$ 209.33$ Each Additional Bin $ 15.60 $ 15.44 $ 16.14 3-CY Bin Roll-Out Charge 75.90$ 75.19$ 78.53$ First bin 278.56$ 165.32$ 292.43$ Curb Charge 75.90$ 75.19$ 78.53$ Each additional bin 278.56$ 165.32$ 292.43$ Specialized Equipment Charge 133.58$ 132.30$ 138.19$ Cannabis Waste Documentation Fee Locking Bin Charges: Will call 30.71$ 30.42$ 33.16$ First bin pick-up 86.67$ 85.84$ 89.66$ Monthly charge for weekly collections 133.06$ 131.80$ 143.65$ Each additional bin 41.82$ 41.42$ 43.27$ Source Separated Food Waste Contractor-provided lock charge 29.09$ 28.82$ 30.10$ 32-Gallon Cart Clean Outside Bin Enclosure 38.06$ 37.70$ 39.38$ First cart 70.36$ 68.04$ 74.16$ Clean & Wash Bin Charge Each additional cart 40.24$ 38.20$ 41.64$ First bin 86.67$ 85.84$ 89.66$ 65-Gallon Cart Each additional bin 37.17$ 36.81$ 38.45$ First cart 102.44$ 98.12$ 106.94$ Bin Enclosure Cleaning Each additional cart 72.32$ 68.28$ 74.42$ Basic service per sq. ft. 3.27$ 3.22$ 3.37$ 2 CY Bin Power wash service per sq. ft. 6.51$ 6.46$ 6.74$ First bin 467.21$ 443.34$ 483.21$ Cart Related Fees Each additional bin 467.21$ 443.34$ 483.21$ Extra Distance Charge 6.34$ 6.26$ 6.55$ Source Separated Mixed Organic Waste Cardboard Box Charge 6.46$ 6.39$ 6.68$ 32-Gallon Cart Comprehensive Inspections, per hr. n/a n/a 138.19$ First cart 55.37$ 54.00$ 58.85$ Organic Waste Diversion Service: Each additional cart 25.25$ 24.16$ 26.33$ Source Separated Green Waste 65-Gallon Cart
32-Gallon Cart First cart 72.01$ 69.60$ 75.85$ First cart 24.22$ 23.96$ 26.10$ Each additional cart 41.89$ 39.76$ 43.33$ Each additional cart 10.03$ 9.90$ 10.78$ 2 CY Bin 65-Gallon Cart First bin 346.07$ 329.77$ 359.42$ First cart 41.10$ 40.61$ 44.27$ Each additional bin 346.07$ 329.77$ 359.42$ Each additional cart 10.98$ 10.77$ 11.74$ Service Description Service Description
COMMERCIAL SERVICES, continued COMMERCIAL SERVICES, continued Item 2C - 161

I I I I I I
-
-
-
-
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
Rate Effective
1/1/22 (1)
Rate Effective
7/1/22 (2)
Proposed Rate
Eff. 10/1/22
OTHER MISCELLANEOUS CHARGES Miscellaneous Debris Box Charges, continued Returned Check/Failed Electronic Payment Direct haul to landfill:

Each event 35.00$ 35.00$ 35.00$ Waste generated by City facilities Past Due Charge Pull Charges 864.20$ 855.97$ 935.41$ 90-days or more past due (per mo.) 1.50% 1.50% 1.50% Tonnage-based fees (per ton) 77.58$ 76.20$ Market Rate Delinquent Account Charge Waste generated by revenue customers Applied to delinquent amount 20% 20% 20% Pull Charges 969.55$ 960.31$ 1,049.44$ Tonnage-based Fees (per ton) 77.58$ 76.21$ Market Rate Debris Box Disposed Waste Compactor Disposed Waste
Debris box, 10, 20, 30 & 40 CY Compactor, 10, 15, 20, 30 & 40 CY Pull Charge 236.14$ 233.88$ 375.00$ Pull Charge 583.75$ 578.21$ 595.00$ Tonnage-based Fees (per ton) 77.58$ 76.20$ Market Rate Tonnage-based Fees (per ton) 77.58$ 76.20$ Market Rate Daily Rental Charge 33.74$ 33.42$ 53.57$ Compactor Diverted Waste Debris Box Diverted Waste Compactor, 10, 15, 20, 30 & 40 CY Debris box, 10, 20, 30 & 40 CY Pull Charge 179.48$ 177.77$ 595.00$ Pull Charge (to EHTS only) 210.48$ 208.47$ 375.00$ Tonnage-based Fees (per ton) 77.58$ 76.20$ Market Rate Tonnage-based Fees (per ton) Market Rate Market Rate Market Rate Miscellaneous Compactor Charges:

Daily Rental Charge 30.07$ 29.79$ 53.57$ Return Trip Charge 47.86$ 47.41$ 50.20$ Diversion box, 10, 20, 30 & 40 CY Turn-around Charge 93.59$ 92.69$ 98.16$ Pull Charge (to Thousand Palms) 210.48$ 208.47$ 450.00$ Relocate Charge 47.86$ 47.41$ 50.20$ Tonnage-based Fees (per ton) Market Rate Market Rate Market Rate Redelivery Charge 122.54$ 121.36$ 128.52$ Daily Rental Charge 30.07$ 29.79$ 64.29$ Monthly maintenance service 108.80$ 107.76$ 114.11$ Miscellaneous Debris Box Charges: Specialized Equipment Charge 140.22$ 138.89$ 147.07$ Return Trip Charge 47.86$ 47.41$ 50.20$ Unscheduled Service Trip 154.43$ 152.96$ 161.97$ Relocate Charge 47.86$ 47.41$ 50.20$ Saturday/Holiday Service: Add'l per box 76.09$ 75.38$ 79.81$ Redelivery Charge 122.54$ 121.36$ 128.52$ Clean Litter in/around compactor 114.20$ 113.11$ 119.78$ Specialized Equipment Charge 140.22$ 138.89$ 147.07$ Clean & Wash Charge 91.01$ 90.15$ 95.46$ Service Trip 154.43$ 152.96$ 161.97$ Enclosure Cleaning Clean & Wash Charge 91.01$ 90.15$ 95.46$ Basic service per sq. ft. 3.16$ 3.14$ 3.32$ Off-Loading Charge 114.20$ 113.11$ 119.78$ Power wash service per sq. ft. 6.50$ 6.43$ 6.81$ Hard to handle material (per ton) 153.10$ 128.73$ Market Rate Off-Loading Charge 114.20$ 113.11$ 119.78$ Saturday/Holiday Service: Add'l per box 76.09$ 75.38$ 79.81$ ROLL-OFF SERVICES(15)
Service Description
COMMERCIAL SERVICES, continued ROLL-OFF SERVICES, continued Service Description
Item 2C - 162

OTHER MISCELLANEOUS CHARGES
Returned Check/Failed Electronic Payment
Each event 35.00$ 35.00$ 35.00$
Past Due Charge
90-days or more past due (per mo.) 1.50% 1.50% 1.50%
Delinquent Account Charge
Applied to delinquent amount 20% 20% 20% to 2 iterms per month. (14) Commercial Services billed monthly.
(15) Payment required at time of service; account arrangments available.

Basic Curbside Service 25.93$
ADD for Walk-In Service 7.76$
Total rate for Walk-In Service 33.69$
(2) The rates effective 7/1/22 remove the extraordinary rate adjustment and reset the 2021 annual rate adjustment to it's normal level.
(3) Effective 10/1/22 the rates for residential services include the new State-mandated 3-cart system that adds organic waste carts to existing trash & recycling carts (cart sizes selected by customer based upon volume generated at no additional fee). (4) Effective 10/1/22 the seervice categories of Economy Service & Family Value Service will be discontinued. The new designation will be called 'Basic Curbside Service'.

FOOTNOTES
(1) The rates effective 1/1/22 include:
(a) a temporary extraordinary rate adjustment for unusual recycling costs applicable for the period 1/1/22 through 6/30/22; and,
Service Description
ROLL-OFF SERVICES, continued
(b) a delayed 2021 annual rate adjustment collected over 6-months instead of the usual 12- months.
(11) Manual Collection required for properties that cannot be serviced by a regular route truck due to physical constraints such as obstructions, narrow roadways, FOOTNOTES, continued
excessive backing distance or nonconventional pavement. (12) Green waste subscription fee discontinued. Service to be replaced by organic service effective 10/1/22. Existing customers that paid a subscription fee are eligible to apply for a refund after 10/1/22.
(13) Effective 10/1/22, Bulky Item limit increased from 2 items per year (5) The rate for Basic Curbside Service will apply to all residetnial premises receiving individual collection.
(7) 'Master Billing' means a single billing statement issued to the designated representative of a group of service addresses. All service addresses in a Master Billed account must subscribe to identical services. Master Billed accounts are billed monthly. (9) Vacation Rental Property Service is the new minimum service requirement for all permitted vacation rental properties for the entire period that the permit is in effect. Home share properties exempted from this service.
(10) Prior arrangement required. Uncontained trash must be bagged, not exceeding 50 lbs.

Rate applies to each bag, each pickup day.
(8) Custom service rates are an incremental rate added to the rate for Basic Curbside Service.

Example - Walk-In Service, Individual Billing:
(6) 'Individual Billing' means each service address receives its own billing statement.

Individually Billed accounts are billed quarterly.

Item 2C - 163
I I I

CIUDAD DE PALM SPRINGS
AVISO DE AUDIENCIA PÚBLICA

CON RESPECTO A LOS AUMENTOS PROPUESTOS
A LAS TARIFAS DE SERVICIOS DE RESIDUOS SÓLIDOS

Usted está recibiendo este aviso porque usted es un propietario o inquilino de la propiedad / registro que es responsable de pagar por los servicios de desechos sólidos en Palm Springs, California.

POR LA PRESENTE SE NOTIFICA que la Ciudad de Palm Springs (la “Ciudad”) celebrará una Audiencia Pública el 1 de septiembre de 2022, a las 5:30 p.m. para considerar la adopción de aumentos a las tarifas de recolección y gestión de desechos sólidos dentro de la Ciudad (colectivamente, “Servicios de Desechos Sólidos”). La reunión se llevará a cabo de conformidad con AB 361 (Capítulo 165, Estatutos de 2021. La audiencia pública se llevará a cabo en las Cámaras del Concejo Municipal ubicadas en 3200 E. Tahquitz Canyon Way, Palm Springs CA 92262 y en línea en www.palmspringsca.gov/pstv. Para llamar a la audiencia (solo audio), marque (760) 323-8204.

Las personas que deseen dirigirse al Consejo de forma remota pueden presentar comentarios por escrito o hacer uso de la palabra.

Para enviar comentarios por escrito, envíe un correo electrónico al Secretario de la Ciudad a [email protected] antes de las 5:30 p.m. del 1 de septiembre de 2022 y sus comentarios se distribuirán al Concejo y se conservarán para el registro oficial. Si desea hablar en la audiencia pública, llame a la Oficina del Secretario de la Ciudad al (760) 323-8204 para ser añadido a la cola de comentarios públicos. Cada orador podrá hacer uso de la palabra durante un tiempo de hasta dos minutos.

Si tiene alguna pregunta o desea confirmar las opciones de participación, por favor comuníquese con la oficina del Secretario de la Ciudad a [email protected] o al (760) 323-8204.

El propósito de la audiencia pública es considerar todos los testimonios orales y protestas escritas contra las tarifas propuestas y su adopción. Este aviso de 45 días se da por la presente de conformidad con la Sección 6(a) del Artículo XIII D de la Constitución de California.

Aumentos de tarifas propuestos

El Servicio de Eliminación de Residuos de Palm Springs (“PSDS”, por sus siglas en inglés) proporciona Servicios de Desechos Sólidos dentro de la Ciudad de conformidad con un acuerdo de franquicia exclusiva. El PSDS factura a los clientes directamente por los servicios. Las tasas de desechos sólidos se evalúan periódicamente para mantener una estructura de tarifas adecuada para financiar los costos de proporcionar servicios de desechos sólidos a residentes y empresas comerciales.

La estructura de tarifas para las tarifas mensuales del Servicio de Residuos Sólidos tiene tres clases de clientes: (i) residencial (ii) comercial y iii) industrial. Las tarifas para los Servicios de Residuos Sólidos impuestas a cada clase de cliente se determinan sobre la base de (i) el tamaño del contenedor (en galones), o contenedor o carro (en yardas cúbicas) que sirve a la propiedad; (ii) el tipo de contenedor (por ejemplo, residuos sólidos, reciclaje o residuos verdes/orgánicos) que sirve a la propiedad; y (iii) la frecuencia de las recogidas por semana. La estructura de tarifas se compone de tarifas de servicio y tarifas de propinas de materiales.

Como previamente prometido, las tarifas propuestas proveen la eliminación de Ajuste de tarifa extraordinario que esta en efecto por el periodo enero 1, 2022 a junio 30, 2022 y por el 50% de reducción del ajuste de tarifa de 2021 en efecto por el mismo periodo enero 1,2022 a junio 30, 2022.

Los aumentos de tarifas propuestos para los Servicios de Desechos Sólidos son necesarios para que PSDS brinde servicios obligatorios de recolección de desechos orgánicos de conformidad con las regulaciones que implementan el Proyecto de Ley del Senado 1383 (Capítulo 395, Estatutos de 2016). Las tarifas propuestas se calculan para recuperar los costos de proporcionar servicios semanales de recolección de desechos orgánicos, divulgación, educación, monitoreo, informes y etiquetado de contenedores para cumplir con las regulaciones SB 1383, y para asignar proporcionalmente esos costos en forma de paquetería entre varias clases de clientes. Las tasas que se Item 2C - 164
impondrán se establecen en el Anexo A de este Aviso. Debido a que cada cliente puede tener una combinación única de servicios, consulte una factura reciente para determinar qué servicios tiene y use la tabla en el Anexo A para determinar cómo sus tarifas pueden verse afectadas.

Ajuste anual
Las tarifas máximas propuestas para los servicios de residuos sólidos se ajustarán anualmente para tener en cuenta la inflación y los aumentos en las tarifas de eliminación. A partir del 1 de julio de 2023, y cada 1 de julio a partir de entonces, hasta el 1 de julio de 2026 inclusive, el componente de eliminación y el componente de servicio pueden ajustarse en función de los cambios inflacionarios / de tarifas por debajo multiplicados por la ponderación porcentual asignada del componente según lo especificado en el acuerdo de franquicia, para calcular el cambio de tarifa.

 Cambio al componente de tarifa de propina de material. El cambio en las tarifas de propina cobradas por las instalaciones de desechos sólidos que reciben y procesan los desechos generados en Palm Springs ("Tarifas de propina").
 Cambio a componente de servicio. El cambio promedio de doce meses en el año calendario anterior en el Índice de Precios al Consumidor para Todos los Consumidores Urbanos para Riverside-San Bernardino- Ontario, CA Area (CPI) año.

Audiencia pública y protestas

Cualquier propietario cuya propiedad esté sujeta a los aumentos propuestos a las tarifas de las tasas de servicio de desechos sólidos y cualquier inquilino directamente responsable del pago de dichas tarifas (es decir, un cliente registrado) puede presentar una protesta por escrito a los aumentos de tarifas propuestos; sin embargo, solo se contará una protesta por parcela identificada. Cualquier protesta por escrito debe:
(1) declarar que el propietario o inquilino identificado se opone a los aumentos de tarifa propuestos; (2) proporcionar la ubicación de la parcela identificada (por el número de parcela del tasador o la dirección postal); y
(3) incluir el nombre y la firma del propietario o inquilino que presenta la protesta.

Si la persona que presenta la protesta por escrito es el propietario de registro, pero no se mostró en la última lista de tasación ajustada del Condado de Riverside como propietario de la propiedad, esa persona debe proporcionar evidencia por escrito de que la persona es el propietario de la propiedad. Las protestas por escrito pueden presentarse por correo o en persona a la Oficina del Secretario de la Ciudad en 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, siempre que se reciban antes de la conclusión de la parte de comentarios públicos de la Audiencia Pública. Si envía su protesta por correo, por favor proporcione tiempo suficiente para que llegue antes del cierre de la parte de comentarios públicos de la audiencia pública. No se aceptará ninguna protesta presentada por correo electrónico u otros medios electrónicos. Por favor, escriba en el frente del sobre para cualquier protesta, ya sea enviada por correo o presentada en persona al Secretario de la Ciudad, Attn: Audiencia Pública sobre Aumentos de Tarifas.

El Concejo Municipal considerará todas las protestas escritas y escuchará y considerará todos los comentarios orales a los aumentos de tarifas propuestos para los Servicios de Desechos Sólidos y el ajuste anual de tarifas en la Audiencia Pública. Los comentarios orales en la Audiencia Pública no calificarán como protestas formales a menos que vayan acompañados de una protesta por escrito. Al concluir la Audiencia Pública, el Concejo Municipal considerará la adopción de los aumentos de tarifas a los Servicios de Residuos Sólidos y el ajuste anual de tarifas como se describe en este documento. Si las protestas por escrito contra los Servicios de Residuos Sólidos propuestos y el ajuste anual de tarifas no son presentados por la mayoría de los propietarios de las parcelas identificadas a las que se propone imponer las tarifas y los inquilinos directamente responsables del pago de las tarifas de servicio de residuos sólidos, el Ayuntamiento estará autorizado a imponer los Servicios de Residuos Sólidos y el ajuste anual de tarifas como se describe anteriormente. Si se adoptan, los aumentos de tarifas propuestos entrarán en vigencia a partir del 1 de octubre de 2022. La Ciudad está llevando a cabo esta protesta mayoritaria de la Proposición 218 por precaución y sin conceder la aplicabilidad de la Proposición 218 a los Servicios de Residuos Sólidos.

Preguntas

Si tiene preguntas sobre este aviso o sobre cómo se verán afectadas sus tarifas, por favor vaya a www.yoursustainablecity.com. El sitio web tiene más información y ejemplos de ajustes de tarifas para clientes típicos.

También puedes llamar al (760) 323-8248 o envíe un correo electrónico a [email protected].

Item 2C - 165
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa prop.
efect. 1/10/22
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa prop.
efect. 1/10/22
SERVICIOS DE CARROS Servicios personalizados - recogida de carro adicional, una sola vez Servicio básico en acera:(4)(5) (Para una recogida extra de cualquier carro en un día de recolección no programada).

Servicio económico (renombrado como 'Servicio básico en acera' a partir del 1/10/22) Servicio en acera (ant. Servicio económico y de valor familiar), cada carro Facturación individual(6) 25.89$ 19.79$ 25.93$ Facturación individual 1.05$ 0.69$ 25.00$ Facturación maestra(7) 26.14$ 19.70$ 25.65$ Facturación maestra 1.05$ 0.69$ 25.00$ Servicio de valor familiar (renombrado como 'Servicio básico en acera' a partir del 1/10/22) Servicio sin turno previo, cada carro Facturación individual 35.60$ 24.34$ 25.93$ Facturación individual 1.05$ 0.69$ 25.00$ Facturación maestra 36.19$ 24.31$ 25.65$ Facturación maestra 1.05$ 0.69$ 25.00$ SERVICIOS PERSONALIZADOS (8) (c/serv. personalizado añadido al costo del Servicio básico en acera) Servicio personalizado - carro de 95 galones Servicio personalizado - servicio sin turno previo Facturación individual 1.05$ 0.69$ Sin tarifa adicional Facturación individual 29.26$ 25.03$ 7.76$ Facturación maestra 1.05$ 0.69$ Sin tarifa adicional Facturación maestra 29.35$ 24.90$ 7.76$ Servicio personalizado - 2da recolección semanal Servicio personalizado - servicio a propiedad 80.66$ 64.99$ 60.66$ Facturación individual 1.05$ 0.69$ 25.00$ Servicio personalizado - cargo por distancia extra Facturación maestra 1.05$ 0.69$ 25.00$ C/incr. de 50 pies más allá de 50 pies 6.01$ 5.93$ 8.60$ Servicio personalizado - desechos no contenidos (NUEVO) (10) Servicio personalizado - servicio de propiedad de alquiler vacacional (VRP) (NUEVO) (9) Servicio básico en acera n/a n/a 5.00$ Requerido para VRP permitidas n/a n/a 27.00$ Servicio sin turno previo n/a n/a 6.80$ Servicio personalizado - carros adicionales Servicio personalizado - recolección manual (11) Nota: a partir del 1/10/22, los carros de reciclaje adicionales ya no serán gratis. Servicio de recolección manual económica (servicio básico en acera) Servicio básico en acera (Servicio económico y de valor familiar), carro adicional, cada carro Facturación individual 28.90$ 22.79$ 4.72$ Facturación individual 9.03$ 6.15$ 8.63$ Facturación maestra 29.11$ 22.64$ 4.72$ Facturación maestra 8.99$ 6.11$ 8.63$ Servicio de recolección manual de valor familiar (servicio básico en acera) Carro adicional de reciclaje Facturación individual 39.22$ 27.90$ 4.72$ Primer carro adicional Gratis Gratis 8.63$ Facturación maestra 39.77$ 27.83$ 4.72$ Cada carro adicional - acera 2.69$ 2.66$ 8.63$ Servicio de recolección manual sin turno previo Carro adicional de servicio sin turno previo, cada carro Facturación individual 33.25$ 28.99$ 13.06$ Facturación individual 14.54$ 12.49$ 11.46$ Facturación maestra 33.30$ 28.84$ 13.06$ Facturación maestra 14.41$ 12.38$ 11.46$ Servicio de recolección manual a propiedad Carro adicional de reciclaje Facturación individual 90.76$ 74.97$ 74.81$ Primer carro adicional Gratis Gratis 8.63$
Cada carro adicional - sin turno previo 6.01$ 5.93$ 8.63$ Descripción del servicio Descripción del servicio
SERVICIOS RESIDENCIALES(3)
SERVICIOS RESIDENCIALES, continuados
Item 2C - 166

I I I I I I
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
Servicio personalizado - recolección manual, carros adicionales CARGOS MISCELÁNEOS
Servicio en acera, cada carro, recolección semanal Cargo por cambio de servicio 25.00$ 25.00$ 25.00$ Facturación individual 10.07$ 7.07$ 8.63$ Cargo por carro de reemplazo 67.42$ 66.78$ 69.84$ Facturación maestra 10.00$ 6.98$ 8.63$ Cheque devuelto/Pago electrónico fallido Servicio sin turno previo, cada carro, recolección semanal Cada evento 35.00$ 35.00$ 35.00$ Facturación individual 15.37$ 14.26$ 8.63$ Cargo vencido Facturación maestra 15.22$ 14.09$ 8.63$ 90 días o más de vencimiento (por mes) 1.50% 1.50% 1.50% Servicios personalizados - recolección manual de carro extra, una sola vez Cargo por cuenta morosa (Para una recogida extra de cualquier carro en un día de recolección no programada). Aplicado a cuenta morosa 20% 20% 20% Servicio en acera (anteriormente Servicio económico y de valor familiar), cada carro Facturación individual 1.58$ 0.88$ 25.00$ Servicio de carro comercial Facturación maestra 1.58$ 0.88$ 25.00$ Servicio de valor Servicio de recolección manual sin turno previo, cada carro Cada carro, cada día de recolección 36.13$ 29.79$ 32.46$ Facturación individual 1.92$ 1.66$ 25.00$ Recogida única adicional con carro 5.27$ 3.71$ 4.04$ Facturación maestra 1.91$ 1.67$ 25.00$ Servicio estándar (sin turno previo) Servicios personalizados - servicios de desechos vegetales (12) Cada carro, cada día de recolección 70.05$ 65.23$ 71.09$ Cargo por suscripción única 14.15$ Descontinuado Descontinuado Recogida única adicional con carro 8.78$ 7.67$ 8.34$ Servicio en acera Servicio de lata comercial
Servicio de carro y manual Gratis Gratis Gratis Servicio de valor Carro de residuos vegetales sin turno previo y servicio manual sin turno previo Día de recolección de 4 latas c/u 36.13$ 29.79$ 32.46$ Servicio de carro y manual 6.01$ 5.95$ Gratis Recogida única adicional de lata 5.27$ 3.71$ 4.04$ RECOLECCIÓN DE ARTÍCULO VOLUMINOSO Servicio estándar (sin turno previo) Primero 2 artículos(13) Gratis Gratis Gratis Día de recolección de 4 latas c/u 70.05$ 65.23$ 71.09$ Artículos adicionales, c/u 7.53$ 7.47$ 25.00$ Recogida única adicional de lata 8.78$ 7.67$ 8.34$ Electrodomésticos Servicio personalizado - 2da recolección semanal Si es uno de los artículos voluminosos gratuitos Gratis Gratis Gratis Servicio estándar (sin turno previo) Como artículo adicional 67.06$ 66.42$ 69.50$ Cargo añadido p/carro, 2da. recogida 70.13$ 65.30$ 71.17$ SERVICIO DE TRANSPORTE ESPECIAL Servicio personalizado - carro de 95 galones Cada aumento de 15 minutos 16.41$ 16.27$ 25.00$ Servicio de valor 95 Cada carro de 95 galones 53.45$ 44.03$ 48.01$ Recogida única adicional con carro 7.62$ 5.41$ 5.89$ SERVICIOS COMERCIALES(14)
Descripción del servicio Descripción del servicio
SERVICIOS RESIDENCIALES, continuados SERVICIOS RESIDENCIALES, continuados Item 2C - 167
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
Servicio personalizado - carro de 95 galones, continuado Servicio de contenedor 3 yardas cúbicas, continuado
Servicio 95 sin turno previo Servicio en sábado/feriado Cada carro de 95 galones 103.64$ 96.46$ 105.14$ Cada contenedor $ 131.30 $ 121.20 $ 132.10 Recogida única adicional con carro 13.03$ 11.36$ 12.39$ Servicio de contenedor de reciclaje 3 yardas cúbicas Reciclaje con carro comercial Primer contenedor c/una recogida semanal Gratis Gratis $ 104.84 Primera carro con una recogida semanal Cada contenedor o recogida semanal adicionales $ 55.37 $ 54.84 $ 84.17 Servicio de valor Gratis Gratis $ 10.82 Contenedor de reciclaje contaminado $ 100.22 $ 90.42 $ 98.55 Servicio sin turno previo 23.69$ Servicio de contenedor 4 yardas cúbicas Carro adicional o recogida semanal adicional Primer recogida semanal $ 271.96 $ 218.56 $ 238.21 Servicio de valor $ 2.83 $ 2.80 $ 3.06 Cada recogida adicional $ 228.13 $ 175.16 $ 190.91 Servicio sin turno previo $ 6.34 $ 6.26 $ 6.84 Servicio al día siguiente:

Servicio de contenedor comercial Primer contenedor $ 113.67 $ 100.79 $ 109.83 Servicio de contenedor 2 yardas cúbicas Cada contenedor adicional $ 55.84 $ 43.50 $ 47.40 Primer recogida semanal $ 155.11 $ 128.24 $ 139.78 Servicio prioritario el mismo día:

Cada recogida adicional $ 129.59 $ 102.96 $ 112.23 Cada contenedor $ 144.73 $ 131.55 $ 143.36 Servicio al día siguiente: Servicio en sábado/feriado
Primer contenedor $ 85.50 $ 78.78 $ 85.56 Cada contenedor $ 144.73 $ 131.55 $ 143.36 Cada contenedor adicional $ 31.00 $ 24.79 $ 27.02 Servicio de alquiler de contenedor temporal
Servicio prioritario el mismo día: Contenedor de LIMPIEZA de 3 yd³ de 7 días $ 208.69 $ 159.54 $ 180.33 Cada contenedor $ 116.58 $ 109.56 $ 119.41 Alquiler mensual 562.63 $ 352.90 $ 502.19$ Servicio en sábado/feriado Cada recogida extra $ 175.56 $ 126.72 $ 173.88 Cada contenedor $ 116.58 $ 109.56 $ 119.41 Escombros C&D mixtos, redistribuidos Servicio de contenedor 3 yardas cúbicas Contenedor de construcción de 3 yd³ de 7 días $ 165.10 $ 122.19 $ 173.88 Primer recogida semanal $ 215.92 $ 175.75 $ 191.57 Cada recogida extra $ 165.10 $ 122.19 $ 173.88 Cada recogida adicional $ 182.87 $ 143.04 $ 155.92 Alquiler semanal (sin actividad p/7 días) n/a n/a 98.88 $ Servicio al día siguiente: Servicio de compactadadora estacionaria Primer contenedor $ 100.22 $ 90.42 $ 98.55 Compactadora de 2 yd³ (por recogida) $ 139.61 $ 120.36 $ 131.17 Cada contenedor adicional $ 44.82 $ 35.55 $ 38.74 Compactadora de 3 yd³ (por recogida) $ 157.87 $ 129.99 $ 141.67 Servicio prioritario el mismo día: Compactadora de 4 yd³ (por recogida) $ 176.39 $ 139.75 $ 152.31 Cada contenedor $ 131.30 $ 121.20 $ 132.10 SERVICIOS COMERCIALES, continuados SERVICIOS COMERCIALES, continuados Descripción del servicio Descripción del servicio
Item 2C - 168
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
Cargos misceláneos
Desechos vegetales separados en origen, continuado
Viaje de regreso - contenedores inaccessibles $ 47.76 $ 47.29 $ 49.41 Contenedor 2 yardas cúbicas Cargo por reubicación de contenedor: Primer contenedor 199.03$ 123.40$ 209.33$ Primer contenedor $ 45.59 $ 45.17 $ 47.17 Cada contenedor adicional 199.03$ 123.40$ 209.33$ Cada contenedor adicional $ 15.60 $ 15.44 $ 16.14 Contenedor 3 yardas cúbicas Cargo por rodada 75.90$ 75.19$ 78.53$ Primer contenedor 278.56$ 165.32$ 292.43$ Cargo por recolección en acera 75.90$ 75.19$ 78.53$ Cada contenedor adicional 278.56$ 165.32$ 292.43$ Cargo por equipo especializado 133.58$ 132.30$ 138.19$ Tarifa de documentación de desechos de cannabis Cargos por contenedores con seguro: Se llamará 30.71$ 30.42$ 33.16$ Recogida de primer contenedor 86.67$ 85.84$ 89.66$ Cargo mensual p/recolecciones semanales 133.06$ 131.80$ 143.65$ Cada contenedor adicional 41.82$ 41.42$ 43.27$ Desechos alimenticios separados en origen Cargo por candado provisto por contratista 29.09$ 28.82$ 30.10$ Carretilla de 32 galones Limpieza externa de recinto de contenedor 38.06$ 37.70$ 39.38$ Primera carretilla 70.36$ 68.04$ 74.16$ Cargo por limpieza y lavado de contenedor Cada carretilla adicional 40.24$ 38.20$ 41.64$ Primer contenedor 86.67$ 85.84$ 89.66$ Carretilla de 65 galones Cada contenedor adicional 37.17$ 36.81$ 38.45$ Primera carretilla 102.44$ 98.12$ 106.94$ Limpieza de recinto de contenedor Cada carretilla adicional 72.32$ 68.28$ 74.42$ Servicio básico por pie cuadrado 3.27$ 3.22$ 3.37$ Contenedor 2 yardas cúbicas Servicio de hidrolavado por pie cuadrado 6.51$ 6.46$ 6.74$ Primer contenedor 467.21$ 443.34$ 483.21$ Tarifas relacionadas con carro Cada contenedor adicional 467.21$ 443.34$ 483.21$ Cargo por distancia extra 6.34$ 6.26$ 6.55$ Desechos orgánicos mixtos separados en origen Cargo por caja de cartón 6.46$ 6.39$ 6.68$ Carretilla de 32 galones Inspecciones integrales, por hora n/a n/a 138.19$ Primera carretilla 55.37$ 54.00$ 58.85$ Servicio de redistribución de desechos orgánicos: Cada carretilla adicional 25.25$ 24.16$ 26.33$ Desechos vegetales separados en origen Carretilla de 65 galones Carretilla de 32 galones Primera carretilla 72.01$ 69.60$ 75.85$ Primera carretilla 24.22$ 23.96$ 26.10$ Cada carretilla adicional 41.89$ 39.76$ 43.33$ Cada carretilla adicional 10.03$ 9.90$ 10.78$ Contenedor 2 yardas cúbicas Carretilla de 65 galones Primer contenedor 346.07$ 329.77$ 359.42$ Primera carretilla 41.10$ 40.61$ 44.27$ Cada contenedor adicional 346.07$ 329.77$ 359.42$ Cada carretilla adicional 10.98$ 10.77$ 11.74$
Descripción del servicio Descripción del servicio
SERVICIOS COMERCIALES, continuados SERVICIOS COMERCIALES, continuados Item 2C - 169
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
OTROS CARGOS MISCELÁNEOS
Cargos por caja de escombros misceláneos, continuado
Cheque devuelto/Pago electrónico fallido Transporte directo a vertedero:

Cada evento 35.00$ 35.00$ 35.00$ Desechos generados por instalaciones de la Ciudad Cargo vencido Cargos por retiro 864.20$ 855.97$ 935.41$ 90 días o más de vencimiento (por mes) 1.50% 1.50% 1.50% Tarifas basadas en tonelaje (por ton.) 77.58$ 76.20$ Tarifa de mercado Cargo por cuenta morosa Desechos generados por clientes tarifados Aplicado a cuenta morosa 20% 20% 20% Cargos por retiro 969.55$ 960.31$ 1,049.44$ Tarifas basadas en tonelaje (por ton.) 77.58$ 76.21$ Tarifa de mercado Residuos desechados de cajas de escombros Residuos desechados de compactadora Caja de escombros, 10, 20, 30 y 40 yardas cúbicas Compactadora 10, 15, 20, 30 y 40 yardas cúbicas Cargo por retiro 236.14$ 233.88$ 375.00$ Cargo por retiro 583.75$ 578.21$ 595.00$ Tarifas basadas en tonelaje (por ton.) 77.58$ 76.20$ Tarifa de mercado Tarifas basadas en tonelaje (por ton.) 77.58$ 76.20$ Tarifa de mercado Cargo por alquiler diario 33.74$ 33.42$ 53.57$ Residuos redistribuidos de compactadora Residuos redistribuidos de cajas de escombros Compactadora 10, 15, 20, 30 y 40 yardas cúbicas Caja de escombros, 10, 20, 30 y 40 yardas cúbicas Cargo por retiro 179.48$ 177.77$ 595.00$ Cargo por retiro (solo a EHTS) 210.48$ 208.47$ 375.00$ Tarifas basadas en tonelaje (por ton.) 77.58$ 76.20$ Tarifa de mercado Tarifas basadas en tonelaje (por ton.) Tarifa de mercadoTarifa de mercadoTarifa de mercado Cargos misceláneos por compactadora:

Cargo por alquiler diario 30.07$ 29.79$ 53.57$ Cargo por viaje de regreso 47.86$ 47.41$ 50.20$ Caja de redistribución, 10, 20, 30 y 40 yardas cúbicas Cargo por cambio de ruta 93.59$ 92.69$ 98.16$ Cargo por retiro (a Thousand Palms) 210.48$ 208.47$ 450.00$ Cargo por reubicación 47.86$ 47.41$ 50.20$ Tarifas basadas en tonelaje (por ton.) Tarifa de mercadoTarifa de mercadoTarifa de mercado Cargo por reenvío 122.54$ 121.36$ 128.52$ Cargo por alquiler diario 30.07$ 29.79$ 64.29$ Servicio de mantenimiento mensual 108.80$ 107.76$ 114.11$ Cargos por caja de escombros misceláneos: Cargo por equipo especializado 140.22$ 138.89$ 147.07$ Cargo por viaje de regreso 47.86$ 47.41$ 50.20$ Viaje de servicio no programado
154.43$ 152.96$ 161.97$
Cargo por reubicación 47.86$ 47.41$ 50.20$ Servicio en sábado/feriado: adicional p/caja 76.09$ 75.38$ 79.81$ Cargo por reenvío 122.54$ 121.36$ 128.52$ Limpieza de basura dentro/alr. de compact. 114.20$ 113.11$ 119.78$ Cargo por equipo especializado 140.22$ 138.89$ 147.07$ Cargo por limpieza y lavado 91.01$ 90.15$ 95.46$ Viaje de servicio 154.43$ 152.96$ 161.97$ Limpieza de recinto Cargo por limpieza y lavado 91.01$ 90.15$ 95.46$ Servicio básico por pie cuadrado 3.16$ 3.14$ 3.32$ Cobro por descarga 114.20$ 113.11$ 119.78$ Servicio de hidrolavado p/pie cuadrado 6.50$ 6.43$ 6.81$ Material difíciles de manipular (por ton.) 153.10$ 128.73$ Tarifa de mercado Cobro por descarga 114.20$ 113.11$ 119.78$ Servicio en sábado/feriado: adicional p/caja 76.09$ 75.38$ 79.81$ SERVICIOS DE DESCARGA(15)
Descripción del servicio
SERVICIOS COMERCIALES, continuados SERVICIOS DE DESCARGA, continuados Descripción del servicio
Item 2C - 170
~
~
~
Palm Springs EXHIBIT A
Proposed Schedule of Maximum Rates
Effective Date 10/1/22
Monthly rate unless otherwise noted
Tarifa efectiva
al 1/1/22 (1)
Tarifa efectiva
al 1/7/22 (2)
Tarifa
propuesta
efectiva al
1/10/22
OTROS CARGOS MISCELÁNEOS
Cheque devuelto/Pago electrónico fallido
Cada evento 35.00$ 35.00$ 35.00$
Cargo vencido
90 días o más de vencimiento (por mes) 1.50% 1.50% 1.50% Cargo por cuenta morosa
Aplicado a cuenta morosa 20% 20% 20%
Servicio básico en acera 25.93$
ADD para servicio sin turno previo 7.76$
Tasa total para servicio sin turno previo 33.69$
(2) Las tarifas efectivas al 1/7/22 eliminan el ajuste de tarifa extraordinario y reinician el ajuste de tarifa anual de 2021 a su nivel normal.
(3) A partir del 1/10/22 las tarifas de servicios residenciales incl. el nuevo sistema ordenado por el estado de 3 carros, el cual añade carros de desechos orgánicos a los carros existentes de basura y reciclaje (los tamaños de los carros los elige el cliente sobre la base del volumen generado sin un costo adicional).
(4) A partir del 1/10/22 las categorías de Servicio económico y Servicio de valor familiar serán descontinuadas. La nueva designación se denominará 'Servicio básico en acera'.

NOTAS AL PIE
(1) Las tarifas efectivas al 1/1/22 incluyen:
(a) un ajuste de tarifa extraordinaria temporal por costos de reciclaje inusual, aplicable para el período del 1/1/22 al 30/6/22; y,
Descripción del servicio
SERVICIOS DE DESCARGA, continuados
(b) un ajuste de tarifa anual retrasada de 2021, cobrada a lo largo de 6 meses en vez de los 12 meses usuales.
(11) Recolección manual requerida para propiedades que no pueden ser atendidas por un camión regular de ruta debido a limitantes físicas tales como obstrucciones, calzadas angostas, distancia de (14) Servicios comerciales facturados mensualmente.
(15) Se requiere el pago al momento del servicio; hay acuerdos de pago disponibles.

NOTAS AL PIE, continuadas
retroceso excesiva o pavimento no convencional.
(12) La tarifa de suscripción para desechos vegetales fue descontinuada. Este servicio será reemplazado por el servicio orgánico a partir del 1/10/22. Los clientes existentes que pagaron una tarifa de suscripción tienen derecho a solicitar un reembolso luego del 1/10/22. (13) A partir del 1/10/22, se aumentó el límite de Artículo Voluminoso de 2 artículos por año a 2 artículos por mes. (5) La tarifa del Servicio básico en acera aplicará a todas las instalaciones residenciales que reciben recolección individual.
(7) 'Facturación maestra' significa que se emite un solo estado de cuenta al representante designado de un grupo de direcciones servidas. Todas las direcciones servidas en una cuenta de Facturación maestra deben estar suscritas a servicios idénticos. Las cuentas con Facturación maestra se facturan por mes.
(9) El Servicio de propiedad de alquiler vacacional es el nuevo requisito de servicio mínimo para todas las propiedades de alquiler vacacional para todo el período de vigencia del permiso. Las propiedades de hogar compartido quedan exentas de este servicio. (10) Requiere de un acuerdo previo. La basura sin contener debe estar embolsada, sin exceder las 50 lbs. La tarifa aplica a cada bolsa, por cada día de recogida. (8) Las tarifas de servicio personalizado son una tarifa gradual que se añade a la tarifa del Servicio básico en acera. Ejemplo - Servicio sin turno previo, facturación individual:
(6) 'Facturación individual' significa que cada dirección servida recibe su propio resumen de cuenta. Las cuentas con Facturación individual se facturan trimestralmente.

Item 2C - 171
Attachment 2
Certification of Mailing
Item 2C - 172
BMS Technologies, 20901 Cooley Rd, Bend, OR 97701
tel 541.388.0789 fax 541.383.1817 email [email protected] July 11, 2022
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
City of Palm Springs,
BMS Technologies delivered 29,139 public hearing notices (28,354 to domestic addresses and 785 to international addresses) for the City of Palm Springs, to the Post Office on July 11th, 2022. Attached are the acceptance forms from the Post Office for domestic addresses within that mailing.

Thank you,
BMS Technologies
Item 2C - 173
United States Postal Service
Postage Statement -- First-Class Mail
Processed By: LJO on 07/11/22 11:47:57 AM
Transaction Number:
202219213475731 M0
CAPS / EPS Transaction Number:
196935688
Postage Statement Number:
493020460
Mailing Group ID
365758091
Mailing Job Number
ZZA1EP
Open Date
07-11-2022
Preparer

BEND MAILING SERVICES
Origin
Mail.dat
Close Date
Job Description
AZ_DVD_PROP218_070122

Permit Holder's Name and Address and Email Address, if Any

BEND MAILING SERVICES
20901 COOLEY RD
BEND, OR 97701-3406
Contact Name: NICK DI SPALTRO
(541)
388-0789
[email protected]
CAPS Customer Ref. No: DESERT VALLEY DISPOSAL
CRID: 2598805
Name and Address of Mailing Agent
(If other than permit holder)

BEND MAILING SERVICES
20901 COOLEY RD
BEND, OR 97701-3406
CRID: 2598805
Name and Address of Individual or
Organization for Which Mailing is Prepared
(If other than permit holder)

CITY OF PALM SPRINGS
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262-6959
CRID: 18354999
Post Office of Mailing

BEND OR 97701-9998
Processing
Category
Letters
(may
include
Cards)
Parcels Only
Hold For Pickup
(HFPU):

No. of Pieces
0 Mailer's Mailing Date
07/11/22
Federal Agency Cost Code Statement Seq. No. No. & type of Containers Sacks: 0
1 ft. Letter Trays: 9
2 ft. Letter Trays: 185
EMM Letter Trays: 0
Flat Trays: 0
Pallets: 0
Other: 0
Type of Postage
Permit Imprint
Weight of a Single Piece

0.1029 lbs.

Combined Mailing
[ ]Single Class
SSF Transaction ID #
_____________________
Total Pieces
28,354
Permit #
473
For Mail Enclosed Within Another Class
[ ]Marketing Mail [ ]Bound Printed Matter [ ]Library Mail [ ]Media Mail
[ ]Periodicals
[ ]Parcel Post
Customer Generated
Electronic Labels
[ ] SigCon
For Automation Rate Pieces, Enter Date of
Address Matching and Coding
07/01/22
Move Update Method:

NCOALink
Total Weight
2,917.6266 lbs.

Letter-size mailpieces contain:
[ ]Round Trip Only: One DVD/CD or other disk Parts Completed A, B This is a Political Mailing
No
This is Official Election Mail
No
Subtotal Postage (Add parts totals) $13,368.07
Complete if the mailing includes pieces bearing metered/PC Postage or precanceled stamps.

Rate at Which Postage Affixed (Check one)
[ ]Correct [ ]Lowest [ ]Neither
_____ pcs. x $ ____.____ = Postage Affixed $0.000
Incentive/Discount Flat Dollar Amount $-82.55
Fee ____________ $0.00
Net Postage Due $13,368.07
For USPS Use Only: Additonal Postage Payment (State reason) Total USPS Adjusted Postage $13,368.07

Incentive/Discount Claimed: N/A Type of Fee: N/A The mailer certifies acceptance of liability for and agreement to pay any revenue deficiencies assessed on this mailing, subject to appeal. If an agent certifies that he or she is authorized on behalf of the mailer then that mailer is bound by the certification and agrees to pay any deficiencies. In addition, agents may be liable for any deficiencies resulting from matters within their responsibility, knowledge, or control. The mailer hereby certifies that all information furnished on this form is accurate, truthful, and complete; that the mail and the supporting documentation comply with all postal standards and the mailing qualifies for the prices and fees claimed; and that the mailing does not contain any matter prohibited by law or postal regulation. I understand that anyone who furnishes false or misleading information on this form or who omits information requested on this form may be subject to criminal and/or civil penalties, including fines and imprisonment.

Privacy Notice: For information regarding our Privacy Policy visit www.usps.com Mailing GroupMailerMailingPostageCertification PS Form 3600-FCM Jul 2022 (Page 1 of 2)
This postage statement was verified and accepted under the PostalOne! program. No postal signature or round stamp is required.

Item 2C - 174
I I
Part A
Automation Prices
Letters
Price No. of Pieces Subtotal
Postage
Discount
Total*
Fee Total Total Postage
A4 5-Digit $0.455 15,508 $7,056.140
0 $-46.5240 $0.0000 $7,009.6160
A5 AADC $0.491 9,162 $4,498.542
0 $-27.4860 $0.0000 $4,471.0560
A6 Mixed AADC $0.515 2,845 $1,465.175
0 $-8.5350 $0.0000 $1,456.6400
A11 Part A Total(Add lines A1-A10) $12,937.31
A13 DISPLAY ONLY Letters - Number of pieces that comply 27515.0 x 0.003 = $82.5450 * May contain both Full Service Intelligent Mail and other discounts. ______________________________________________________________________________________ Part B
Nonautomation Prices
Machinable Letters
Price No. of Pieces Subtotal
Postage
Discount
Total
Fee Total Total Postage
B3 AADC $0.493 320 $157.7600 $0.0000 $0.0000 $157.7600
B4 Mixed AADC $0.526 519 $272.9940 $0.0000 $0.0000 $272.9940 B22 Part B Total(Add lines B1-B21) $430.75
______________________________________________________________________________________ PS Form 3600-FCM Jul 2022 (Page 2 of 2)
This postage statement was verified and accepted under the PostalOne! program. No postal signature or round stamp is required.

Item 2C - 175

CITY COUNCIL STAFF REPORT
09/01/2022 2. D.

City Clerk -

SUBJECT

AN APPEAL BY NEW CHURCH II, LLC OF THE DECISION BY THE PLANNING

COMMISSION TO DENY A TIME EXTENSION OF THE ENTITLEMENTS

INVOLVING A MAJOR ARCHITECTURAL APPLICATION AND CONDITIONAL USE PERMIT TO (1) RENOVATE TWO HISTORIC PROPERTIES FOR ADAPTIVE RE-USE AND (2) DEMOLISH AND RECONSTRUCT ONE- AND TWO-STORY STRUCTURES ON A 3.65-ACRE SITE FOR THE OPERATION OF A HOTEL WITH ACCESSORY SPA, RESTAURANT AND MEETING SPACE LOCATED AT 222 S.

CAHUILLA ROAD, ZONE R-3 (CASE 5.1345 CUP 3.0678 MAJ)
RECOMMENDATION:

Open the appeal hearing and receive testimony.1.

Reject the appeal and accept the Planning Commission’s decision by adopting a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY NEW
CHURCH II, LLC AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A TIME EXTENSION REQUEST FOR CASE NOS.

5.1345 CUP AND 3.0678 MAJ; A CONDITIONAL USE PERMIT AND MAJOR ARCHITECTURAL APPLICATION TO RENOVATE CLASS 1 HISTORIC
PROPERTIES (226 WEST BARISTO ROAD AND 284 SOUTH CAHUILLA ROAD), CONSTRUCT ONE- AND TWO-STORY BUILDINGS AND OPERATE ACCESSORY COMMERCIAL, INCLUDING A RESTAURANT AND SPA
FACILITY, FOR A PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH CAHUILLA ROAD.”

2. Alternatively, accept the appeal, overturn the Planning Commission’s decision, and grant a one-year time extension by adopting a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACCEPTING THE APPEAL BY NEW CHURCH II, LLC AND OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A TIME EXTENSION REQUEST FOR CASE NOS. 5.1345 CUP AND 3.0678 MAJ; A CONDITIONAL USE PERMIT AND MAJOR ARCHITECTURAL
APPLICATION TO RENOVATE CLASS 1 HISTORIC PROPERTIES (226 WEST BARISTO ROAD AND 284 SOUTH CAHUILLA ROAD), CONSTRUCT ONE- AND TWO-STORY BUILDINGS, AND OPERATE ACCESSORY COMMERCIAL, INCLUDING A RESTAURANT AND SPA FACILITY, FOR A PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH CAHUILLA ROAD."

3. Attachments
Item 2D

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 1, 2022 PUBLIC HEARING

SUBJECT: A N APPEAL BY NEW CHURCH II, LLC OF THE DECISION BY THE

PLANNING COMMISSION TO DENY A TIME EXTENSION OF THE

ENTITLEMENTS INVOLVING A MAJOR ARCHITECTURAL
APPLICATION AND CONDITIONAL USE PERMIT TO (1) RENOVATE
TWO HISTORIC PROPERTIES FOR ADAPTIVE RE- USE AND (2)

DEMOLISH AND RECONSTRUCT ONE- AND TWO -STORY
STRUCTURES ON A 3.65 -ACRE SITE FOR THE OPERATION OF A

HOTEL WITH ACCESSORY SPA, RESTAURANT AND MEETING SPACE
LOCATED AT 222 S. CAHUILLA ROAD, ZONE R- 3 (CASE 5.1345 CUP

3.0678 MAJ)

FROM: Justin Clifton, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for City Council to consider an appeal of the Planning Commission’s denial decision of a time extension for the entitlements associated with the Orchid Tree hotel project. New Church II, LLC (the “Applicant” and “Appellant”) requested a two-year extension of time for the previously approved Conditional Use Permit and Major Architectural Review entitlements for adaptive re-use of two historic sites, demoli tion of existing structures and construction of new hotel buildings for the operation of a hotel with accessory commercial uses on the combined 3.65-acre site surrounded by Arenas Road, Belardo Road, Baristo Road, and Cahuilla Road.

The entitlements were granted on May 7, 2020 and valid for two years. While the applicant requested a two- year extension, Staff recommended one- year to the Planning Commission. If the appeal is granted, the extension would allow additional time to commence project construction and comply with milestones in an Amended and Restated Operations Covenant Agreement established between the City and Applicant in November 2021 for the development of a luxury hotel at the project site.

RECOMMENDATION:

1) Open the appeal hearing and receive testimony; and

Item 2D - 1
City Council Staff Report
September 1, 2022 – Page 2
Time Extension Appeal for Orchid Tree Hotel Project

2) Reject the appeal and accept the Planning Commission’s decision by adopting a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY NEW CHURCH II,

LLC AND UPHOLDING THE DECISION OF THE PLANNING COMMISSION TO DENY A TIME EXTENSION REQUEST FOR CASE NOS. 5.1345 CUP AND

3.0678 MAJ; A CONDITIONAL USE PERMIT AND M AJOR ARCHITECTURAL APPLICATION TO RENOVATE CLASS 1 HISTORIC PROPERTIES (226 WE ST BARISTO ROAD AND 284 SOUTH CAHUILLA ROAD), CONSTRUCT ONE- AND

TWO-STORY BUILDINGS AND OPERATE ACCESSORY COMMERCIAL ,

INCLUDING A RESTAURANT AND SPA FACILITY, FOR A PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH CAHUILLA ROAD.” or

2) Alternatively, accept the appeal, overturn the Planning Commission’s decision and grant a one- year time extension by adopting a Resolution entitled, “ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ,

CALIFORNIA, ACCEPTING THE APPEAL BY NEW CHURCH II, LLC AND

OVERTURNING THE DECISION OF THE PLANNING COMMISSION TO DENY A TIME EXTENSION REQUEST FOR CASE NOS. 5.1345 CUP AND 3.0678 MAJ;

A CONDITIONAL USE PERMIT AND MAJOR ARCHITECTURAL APPLICATION TO RENOVATE CLASS 1 HISTORIC PROPERTIES (226 WEST BARISTO ROAD AND 284 SOUTH CAHUILLA ROAD), CONSTRUCT ONE - AND TWO -STORY

BUILDINGS AND OPERATE ACCESSORY COMMERCIAL, INCLUDING A

RESTAURANT AND SPA FACILITY, FOR A PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH CAHUILLA ROAD.”

BUSINESS PRINCIPAL DISCLOSURE:

The Community Church property (284 W. Baristo Road) is owned by Cahuilla Church, LLC, a Nevada limited liability company. All other project parcels are owned by New Church II, LLC, a Nevada limited liability company. Both entities are managed by Richard E. Weintraub and Weintraub Descendants Trust of 2009; a trust that is also managed by Richard E. Weintraub and benefits his immediate family. The additional parcels to be incorporated as part of the development are owned by Arenas Belardo PS, LLC, a Nevada limited liability comp any; the entity is also managed by Richard E. Weintraub. The completed Public Integrity Disclosure Form , as required by Section 2.60.050 of the Municipal Code, is included as an attachment to the report.

PROJECT DESCRIPTION:

The applicant is seeking a two- year extension of time to the entitlements approving the adaptive re-use of two historic properties and the redevelopment of the remainder of the block encompassed by Arenas Road, Belardo Road, Baristo Road, and Cahuilla Road.

The project involves the re-use of the Community Church located at 284 S. Cahuilla Road as the front desk and lobby, lobby bar, ancillary operations (office, restrooms, administration, etc.), meeting rooms , and a restaurant on the ground floor; a spa will occupy the second floor of the Church. The Orchid Tree Inn bungalows (located at 226 Item 2D - 2
City Council Staff Report
September 1, 2022 – Page 3
Time Extension Appeal for Orchid Tree Hotel Project

West Baristo Road) will be re-established as guest rooms for the hotel. The remainder of the property involves demolition of structures and re- use as hotel guest rooms in one- and two-story buildings. Additional background is provided in the attached City Council Staff Report, dated May 7, 2020.

As a part of this time extension request, the applicant has identified revisions to the approved project that are necessary to accommodate the hotel operator’s requests.

Specifically, the applicant describes the revisions and reason for the changes as follows:

• New 1,030-square foot addition to the second level of the church for spa use. • Two ground-level rooms have been relocated to the second level of Building F.

However, no changes are proposed to the overall room count. • New 126-square foot ADA restrooms proposed to the south of the church. 1 • A new transformer pad and electrical equipment is proposed to the south of the church. All electrical equipment is to be fully hedged off and not visible. Also noting that these locations were hand selected by the utility company without our involvement.
• New 152-square foot trash enclosure is proposed as an extension of the previously approved addition to the eastern side of the church.
• New open-to-the-sky patio bar to be constructed in the southeast corner of the outdoor dining courtyard.

The above changes can be seen with the revised project plans, which are included as an attachment to this report (see Sheets A207, A218c, and A218d).

BACKGROUND INFORMATION:

Related Relevant City Actions by Planning, Fire, Building, etc. 03/15/89 City Council designated the Community Church property (284 S. Cahuilla Road) as a Class 1 Historic Site.
11/3/10
City Council designated the Orchid Tree Inn bungalows (226 W. Baristo Road) and stone archway (262 S. Cahuilla Road) as Class 1 historic sites and the fire-
destroyed Craftsman Cottage bungalows (262 S. Cahuilla
Road) and razed Frey Apartment Building (292 S. Belardo Road) as Class 2 historic sites.
10/26/15

The Architectural Advisory Committee (AAC) recommended approval of a proposal to restore the Orchid Tree bungalows and construct seven hotel buildings on the 2.13- acre site to operate a 47- room hotel (“Orchid Tree Hotel”).
11/10/15 The Historic Site Preservation Board (HSPB) issued a certificate of approval for the proposed Orchid Tree Hotel project.
11/18/15 The Planning Commission approved the Orchid Tree Hotel project.

1 This proposed restroom building will be removed from the plans due to conflict with setbacks.

Item 2D - 3

City Council Staff Report
September 1, 2022 – Page 4
Time Extension Appeal for Orchid Tree Hotel Project

Related Relevant City Actions by Planning, Fire, Building, etc. 02/16/16
The AAC tabled a proposal to restore the Community Church as a 12 - room hotel with accessory restaurant and spa (“Community Church Hotel”).
03/07/16 The AAC recommended approval of the Community Church Hotel. 03/08/16 The HSPB issued a certificate of approval for the Community Church Hotel project.
03/09/16 The Planning Commission approved the Community Church Hotel. 10/3/16
The AAC recommended approval for a revised 3.1-acre project, involving the adaptive re- use of the Community Church and Orchid Tree bungalows, and combining adjacent properties into one hotel development with accessory commercial.
11/08/16
The HSPB issued a certificate of approval for a revised 3.1 -acre project, involving the adaptive re-use of the Community Church and Orchid Tree bungalows and combining adjacent properties into one hotel development with accessory commercial.
11/09/16
The Planning Commission approved a revised 3.1-acre project, involving the adaptive re-use of the Community Church and Orchid Tree bungalows and combining adjac ent properties into one hotel development with accessory commercial.
4/17/2019 The City Council approved a Hotel Operating Covenant, providing for the rebate of certain transient occupancy tax to the developer. 11/06/19

The City Council approved an Amended a Restated Operations Covenant Agreement No. 8449, providing for the rebate of certain transient occupancy tax to the developer as well as milestones toward completion of the project.
02/18/20

The AAC recommended approval of the revised 3.65 -acre project that is currently under consideration, subject to the conditions. 03/03/20

The HSPB issued a conditional certificate of appropriateness for changes proposed to the Class 1 historic properties and chose not to issue a stay of demolition for the buildings being removed as part of the project, except for the property at 239 W. Arenas Road which requires further study. 03/11/20

The Planning Commission reviewed the subject applications and continued the matter to its regular meeting of March 25 , 2020, directing the Applicant to provide additional information. See discussion on pages 3-4 of this report.
03/25/20

The Planning Commission recommended City Council approval of the subject General Plan Amendment to re-classify Arenas Road and denied the other applications based on an inability to find the project met required findings. See discussion on pages 3-4 of this report.
05/07/20

The City Council approved the project applications for the hotel project, including a General Plan Amendment to re- classify Arenas Road and a Major Architectural Application and Conditional Use Permit to develop and operate the hotel project.

Item 2D - 4
City Council Staff Report
September 1, 2022 – Page 5
Time Extension Appeal for Orchid Tree Hotel Project

Related Relevant City Actions by Planning, Fire, Building, etc. 11/18/21

The City Council approves an Amendment No. 1 to Amended and Restated Operations Covenant Agreement No. 8449
07/13/22

The Planning Commission denied the time extension request for the Major Architectural Application and Conditional Use Permit to develop and operate the hotel project.

PLANNING COMMISSION ACTION:

On July 13, 2022, the Planning Commission reviewed the time extension request at a public hearing and voted 6-0 to deny the request, because the Commission was unable to make necessary findings for approval. Specifically, in response to required findings “3” through “5” of Palm Springs Zoning Code (PSZC) Section 94.12.00(D), the Commission determined the following:

Required Finding #3: There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA);

Commission Determination: The proposed second- floor additions to the Community Church and building at the corner of Arenas Road and Cahuilla were not part of the 2020 approved project and involve a major change to the project design and potential impacts to the historic structure.

Required Finding #4: The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title;

Commission Determination: The site hasn’t been properly maintained as demonstrated by a fire that occurred in April 2022 and complaints received by the City.

Required Finding #5 : The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period;

Commission Determination: The applicant hasn’t demonstrated convincingly and clearly that the project will be substantially underway within the extended period, based on statements made by the applicant during the public hearing that financing may not be secured for the project, including comments relative to project financing that are identified in the Covenant Agreement.

Item 2D - 5
City Council Staff Report
September 1, 2022 – Page 6
Time Extension Appeal for Orchid Tree Hotel Project

The Commission also requested that the City pursue code enforcement receivership , based on a lack of desire to maintain the property and a recent fire that occurred within the historic church in May 2022. The Commission also requested that the design changes be referred to the A rchitectural Review Committee and Historic Site Preservation Board for their approval.

The Applicant filed a timely appeal of the Planning Commission’s decision, in accordance with Section 2.05.040 of the Palm Springs Municipal Code (PSMC).

STAFF ANALYSIS:

The project was approved under a Conditional Use Permit and Major Architectural Review Application as outlined in Sections 94.02 .00 and 94.04.00 of the Palm Springs Zoning Code (PSZC), respectively. In order to exercise these entitlements, the applicant is required to commence construction within two years of the project approval date.

Alternatively, an extension of time may be granted by the Planning Commission in accordance with the procedures outlined in Section 94.12.00 of the Zoning Code. The applicant seeks approval of a two- year extension of time for these approvals, as the Zoning Code limits the total extension time to no more than two years beyond the expiration date of the entitlement.

Project Timelines and Hotel Operations Incentive Program. As permitted by Section

5.26 of the Municipal Code, the project was granted approval to participate in the City’s Hotel Operations Incentive Program – a program that provided operating assistance in the form of a rebate of adjusted transient occupancy tax revenue if renovating or building a new hotel that meets certain criteria – and an Operations Covenant was established between the City and applicant/developer. In the Amendment No. 1 to the Amended and Restated Operations Covenant Agreement (“Amendment”), approved by City Council on November 18, 2021, the applicant is subject to a performance schedule and several milestones to show that the project is progressing forward – see Revised Exhibit C in the attached Amendment. The Amendment contemplated that the applicant would need to seek an extension of the land use entitlements. Specifically, the Amendment provides,

“With respect to Milestone #7 (Submission of Application to Extend Entitlements), in connection with the Palm Springs Zoning Code’s requirement for extensions of time for entitlements, the City agrees that the Owner’s strict compliance with the milestones in this Agreement shall constitute evidence of good faith efforts toward the exercise of Owner’s entitlements, which Owner may submit to the Planning Commission, and, if appealed, to the City Council.”

Since the approval of the Amendment, staff believes that the applicant has closely complied with the milestones in the Amendment. Most notably, the applicant has submitted construction documents to the City’s Building Department, for City review and approval. Once that approval is granted, the applicant would be in a position to obtain a building permit for the construction of the project. The applicant has also demolished Item 2D - 6
City Council Staff Report
September 1, 2022 – Page 7
Time Extension Appeal for Orchid Tree Hotel Project

some of the non-historic structures on the property, in order to clean the property up and reduce the potential for trespassing.

Under the Amendment, the applicant is required to obtain financing for the project by December 15, 2022 and obtain (and pay for) all required building permits by January 15, 2023. With the approval of the requested time extension, the developer would have adequate time to comply with the milestones outlined in the agreed upon schedule.

Project Revisions. The applicant has requested revisions to the approved plans, as noted earlier in this report. The proposed changes include minor revisions that we re deemed necessary from the hotel operator, according to the applicant. An evaluation of the proposed impacts has been provided by the applicant. Staff is evaluating these revisions and will present them to the Historic Site Preservation Board and/or Architectural Review Committee, as applicable. However, the overall property uses remain the same as previously approved.

Findings. Section 94.12.00( D) of the Palm Springs Zoning Code (PSZC) requires that the seven conditions be met in order to justify the approval of an extension of time application. Staff provided an analysis of these seven conditions to the Planning Commission for consideration on July 13, 2022. Additionally, the applicant has provided responses to these findings and further describes reasons for approving the extension in their appeal letter – see attachments to this report. Below is staff’s analysis of the request against the seven conditions.

1. The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered.

The General Plan Land Use of the project site is Small Hotel. This designation was applicable when the project was approved in 2020, and applies to areas with smaller-scale, boutique-type hotels that are typically found in the Warm Sands and Tennis Club neighborhoods. The proposed project consists of a two- story hotel project that involves adaptive re- use of historic structures that contribute to the character of the Tennis Club neighborhood. The requested extension of time remains consistent with this designation.

2. The findings made in support of the original approval remain valid and are still appropriate.

The project’s layout, design and overall scope remain largely the same and the proposal remains compatible with existing developments on- site and in the surrounding areas. Consequently, the findings in support of the original approval remain valid and still appropriate.

Item 2D - 7
City Council Staff Report
September 1, 2022 – Page 8
Time Extension Appeal for Orchid Tree Hotel Project

3. There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA).

When approving the original project, the City Council found the project exempt from CEQA review pursuant to Sections 15331 (Historic Resource Restoration/Rehabilitation), 15302 (Replacement or Reconstruction) and 15332 (Infill Development) of the CEQA Guidelines. Minor changes and refinements are proposed to the project as identified in the staff report, but said changes are insignificant relative to the scope and intensity of the overall project and will be evaluated further by the Historic Site Preservation Board and Architectural Review Committee as applicable and required by the conditions of approval. Since 2020, there have been no significant changes or developments proposed in the geographic proximity of the proposed project that would negate the appropriateness of the project, nor has any new information been brought forward relative to new or substantially more severe environmental effects that would require reevaluation of the project under CEQA.

4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title.

While a fire recently occurred at the property, the applicant has removed deteriorated and/or hazardous structures on the site and continues to work with the City to address security concerns of the historic structures. This includes removal of non-historic structures on the interior of the property, as well as trash and landscape debris removal.

5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period.

In June 2022, the applicant filed a building permit with the city to progress towards commencement of construction. The applicant has also demonstrated compliance with a performance schedule to date, as part of an amended operations covenant agreed to with the city. Therefore, the applicant has demonstrated that the project will be underway within the extended period.

6. The applicant has made reasonable, substantial, and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre- payment of impact fees or submittal of permit applications.

Construction documents have been prepared and submitted to the city for building permit review. An evaluation by a historical consultant was submitted to the city to evaluate impacts to the historical structures on-site. Thus, the applicant has made reasonable, substantial, and timely efforts to exercise the entitlements.

Item 2D - 8
City Council Staff Report
September 1, 2022 – Page 9
Time Extension Appeal for Orchid Tree Hotel Project

7. Extenuating circumstances, not within the applicant’s control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period.

The applicant states that the COVID -19 pandemic halted progressing the project forward within the two -year timeframe. This event was beyond the applicant’s control. However, it is anticipated that the project will move forward as outlined in the Amended and Restated Operations Covenant Agreement agreed upon by the developer and the city.

ENVIRONMENTAL ASSESSMENT
:

The project was deemed exempt from the California Environmental Quality Act (CEQA), pursuant to Section 15331 (Historic Resource Restoration/Rehabilitation), 15302 (Replacement or Reconstruction) and 15332 (Infill Development) of the CEQA Guidelines. Because the project does not involve greater density or intensity of uses and the proposed changes are insignificant to the overall scope of the project, this exemption remains applicable. No further environmental review is required for the extension of time.

CONCLUSION:

After considering this matter at the public hearing, the Council may agree with the Planning Commission that the findings for the time extension cannot be met and adopt the resolution denying the appeal. As an alternative, if the Council concludes that the findings can be met, a draft resolution is attached for a one- year extension of time, granting the extension of the entitlements for the project through May 7, 2023.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton

Item 2D - 9
City Council Staff Report
September 1, 2022 – Page 10
Time Extension Appeal for Orchid Tree Hotel Project

ATTACHMENTS:

1. Vicinity Map

2. Aerial Map

3. Draft Resolution – Denying Extension

4. Draft Request – Approving Extension

5. Letter of Extension Request

6. Appeal Letter

7. Public Integrity Disclosure Form

8. Public Comment(s)

9. City Council Staff Report, dated May 7, 2020

10. Amended and Restated Operations Covenant Agreement

11. Proposed Project Revision Plans

12. Approved Site Plan and Renderings
Item 2D - 10

Attachment 1

Item 2D - 11

Planning Services Division
Vicinity Map

CITY OF PALM SPRINGS

CASE NOS.: 5.1345 CUP & 3.0678 MAJ Time Extension

APPLICANT: New Church II, LLC

ADDRESS: 222 S. Cahuilla Road

Item 2D - 12
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Attachment 2

Item 2D - 13
Dep
artment of Planning Services
Aerial Map

CITY OF PALM SPRINGS
CASE NO: 5.1345 CUP & 3.0678 MAJ Time Extension
APPLICANT: New Church II, LLC
LOCATION: 222 S. Cahuilla Road
Item 2D - 14

Attachment 3

Item 2D - 15
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL

BY NEW CHURCH II, LLC AND UPHOLDING THE

DECISION OF THE PLANNING COMMISSION TO DENY A
TIME EXTENSION REQUEST FOR CASE NOS. 5.1345
CUP AND 3.0 678 MAJ; A CONDITIONAL USE PERMIT

AND M AJOR ARCHITECTURAL APPLICATION TO
RENOVATE CLASS 1 HISTORIC PROPERTIES (226
WEST BARISTO ROAD AND 284 SOUTH CAHUILLA

ROAD), CONSTRUCT ONE - AND TWO -STORY

BUILDINGS AND OPERATE ACCESSORY COMMERCIAL,

INCLUDING A RESTAURA NT AND SPA FACILITY, FOR A
PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH
CAHUILLA ROAD.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. New Church II, LLC (“Applicant”) filed an application with the City , pursuant to Section 94. 12.00 of the Zoning Code, for an extension of time (“Extension”) for the entitlement associated with Case Nos. 5.13 45 CUP and 3.0678 MAJ, to adaptively re- use historic structures, construct new hotel buildings and operate a hotel with restaurant and spa on a 3.65- acre site located at 222 South Cahuilla Road, Zone R -3 (t hese applications, Case Nos. 5.1 345 CUP and 3.06 78 MAJ, are collectively referenced herein as the “Project”).

B. On May 7 , 202 0, the City Council conducted a noticed public hearing on the Project; carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, supplemental materials provided by the Applicant and all written and oral testimony presented, and voted 5 to 0 to conditionally approve the Project applications by adopt ing Resolution Nos. 24752, 24753, 24754 and 24755.

C. The Conditional Use Permit and Major Architectural Review approvals associated with the Project are valid for two years, as outlined in Sections 94.02.00 and

94.04.00 of the Palm Springs Zoning Code (PSZC), respectively, unless a time extension is granted in accordance with PSZC Section 94.12.00.

D. A notice of public hearing of the Planning Commission of the City of Palm Springs to consider the E xtension request was given in accordance with a pplicable law for the regular meeting of July 13, 2022.

E. O n July 13 , 202 2, the Planning Commission held a public hearing on the Extension in accordance with applicable law, and carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, and voted 6- 0 to deny the Extension, based on an inability to find criteri a “3 ” through “5” of PSZC Section 94.12.00(D).

Item 2D - 16
Resolution No. _____

Page 2 ends

F. On July 27, 2022, the Applicant filed a timely appeal of the Planning Commission decision to deny the Ext ension, in accordance with the procedures in Chapter 2.05 of the Palm Springs Municipal Code (PSMC).

G. A notice of a public hearing of the City Council of the City of Palm Springs, California, to consider an appeal of th e Extension was given in accordance with applicable law for the regular meeting of September 1, 2022.

H. On September 1, 20 22, a public hearing of the City Council of the City of Palm Springs, California, was held in accordance with applicable law.

I. The Ci ty Council has carefully reviewed and considered all of the evidence presented in connection with the public hearing on the Extension, including but not limited to the staff report, and all written and oral testimony presented.

J. In accordance with the proc edures and requirements of PSZC Section 94.12.00, the City Council shall not approve an E xtension of Time unless it finds the Project consistent with all seven findings outlined therein. Of these findings, the City Council finds that the Project does not meet criteria “3” through “5” based on the following:

The proposed second-floor additions to the Community Church and building at the corn er of Arenas Road and Cahuilla were not part of the 2020 approved project and involve a major change to the project design and potential impacts to the historic structure.

4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title;

The site hasn’t been properly maintained as demonstrated by a fire that occurred in April 2022 and complaints received by the City.

5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period;

The applicant hasn’t demonstrated convincingly and clearly that the project will be substantially underway within the extended period, based on statements made by the applicant during the public hearing th at financing may not be secured for the project, including comments relative to project financing that are identified in the Covenant Agreement.

Item 2D - 17
Resolution No. _____

Page 3 ends

K. T he proposed development associated with the above applications (“Project”) is considered a “project” pursuant to the terms of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. (“CEQA”).

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.

SECTION 2. That the City Council hereby rejects the appeal filed by N ew Church II, LLC, and upholds the Planning Commission’s decision to deny the Extension associated with the Case Nos. 5.1345 CUP and 3.0678 MAJ.

SECTION 3. That this action is not subject to CEQA pursuant to Section 15270 of the CEQA Guidelines.

ADOPTED THIS ___TH DAY OF SEPTEMBER, 2022
.

JUSTIN CLIFTON

CITY MANAGER

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 2D - 18
Resolution No. _____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 2D - 19

Attachment 4

Item 2D - 20
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ACCEPTING THE APPEAL

BY NEW CHURCH II, LLC AND OVERTURNING THE

DECISION OF THE PLANNING COMMISSION TO DENY A
TIME EXTENSION REQUEST FOR CASE NOS. 5.1345
CUP AND 3 .0678 MAJ; A CONDITIONAL USE PERMIT

AND MAJOR ARCHITECTURAL APPLICATION TO
RENOVATE CLASS 1 HISTORIC PROPERTIES (226
WEST BARISTO ROAD AND 284 SOUTH CAHUILLA

ROAD), CONSTRUCT ONE - AND TWO -STORY

BUILDINGS AND OPERATE ACCESSORY COMMERCIAL,

INCLUDING A REST AURANT AND SPA FACILITY, FOR A
PROPOSED HOTEL PROJECT LOCATED AT 222 SOUTH
CAHUILLA ROAD.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. New Church II, LLC (“Applicant”) filed an application with the City , pursuant to Section 94. 12.00 of the Zoning Code , for an extension of time (“Extension”) for the entitlement associated with Case Nos. 5.13 45 CUP and 3.0678 MAJ, to adaptively re- use historic structures, construct new hotel buildings and operate a hotel with restaurant and spa on a 3.65- acre site loca ted at 222 South Cahuilla Road, Zone R -3 (t hese applications, Case Nos. 5.1 345 CUP and 3.06 78 MAJ, are collectively referenced herein as the “Project”).

C. The Conditional Use Permit and Major Architectural Review approvals associated with the Project are valid for two years, as outlined in Sections 94.02.00 and

94.04.00 of the Palm Springs Zoning Code (PSZC), respectively, unless a time extension is granted in accordance with PSZC Section 94.12.00.

D. A notice of public hearing of the Planning Commission of the City of Palm Springs to consider the Extensi on request was given in accordance with a pplicable law for the regular meeting of July 13, 2022.

Page 2 ends

to deny the Extension, based on an inability to find criteri a “3 ” through “5” of PSZC Section 94.12.00(D).

H. On September 1, 20 22, a public hearing of the City Council of the City of Palm Springs, California, was held in accordance with applicable law.

I. T he City Council has carefully reviewed and considered all of the evidence presented in connection with the public hearing on the Extension, including but not limited to the staff report, and all written and oral testimony presented.

J. In accordance with the procedures and requirements of PSZC Section 94.12.00, the City Council shall not approve an E xtension of Time unless it finds the Project consistent with all seven findings outlined therein. In response to each of these findings, the City Council finds as follows:

The Gener al Plan Land Use of the project site is Small Hotel. This designation was applicable when the project was approved in 2020, and applies to areas with smaller -scale, boutique type hotels that are typically found in the Warm Sands and Tennis Club neighborhoods . The proposed project consists of a two-story hotel project that involves adaptive re- use of historic structures that contribute to the character of the Tennis Club neighborhood. The requested extension of time remains consistent with this designation.

2. The findings made in support of the original approval remain valid and are still appropriate.

When approving the project applications, the City Council adopted Resolution Nos. 24754 and 24755 to construct and operate the hotel project. The Council found that the uses applied for were permitted by the zoning, desirable for the development of the community, and consistent with objectives of the General Plan. The project’s layout, design and overall scope remain largely the same and the proposal remains co mpatible with existing developments on- site and in the surrounding areas. Consequently, the findings in support of the Item 2D - 22
Resolution No. _____

Page 3 ends

original approval remain valid and still appropriate.

Since 2020, there have been no significant changes or developments proposed in the geographic proximity of the pr oposed project that would negate the appropriateness of the project, nor has any new information been brought forward relative to new or substantially more severe environmental effects that would require reevaluation of the project under CEQA.

4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title.

5. The applicant has demonstrated convincingly and clear ly that the project will be substantially underway within the extended period.

In June 2022, the applicant filed a building permit with the city to progress towards commencement of construction. The applicant has also demonstrated compliance with a perf ormance schedule to date, as part of an amended operations covenant agreed to with the city. Therefore, the applicant has demonstrated that the project will be underway within the extended period.

6. The applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre-payment of impact fees or submittal of permit applications.

Construction documents have been prepared and submitted to the city for Item 2D - 23
Resolution No. _____

Page 4 ends

building permit review . An evaluation by a historical consultant was submitted to the city to evaluate impacts to the historical structures on- site. Thus, the applicant has made reasonable, substantial and timely efforts to exercise the entitlements.

7. Extenuating circumstanc es, not within the applicant’s control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period.

The applicant states that the COVID -19 pandemic halted progressi ng the project forward within the two- year timeframe. This event was beyond the applicant’s control. However, it is anticipated that the project will move forward as outlined in the Amended and Restated Operations Covenant Agreement agreed upon by the developer and the city.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1.

That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.

SECTION 2. That the City Council hereby approves a one-year extension of time for the Project from May 8, 2022 to May 7, 2023, subject to the previously imposed conditions in City Council Resolutions for the Project.

SECTION 3. The project was deemed exempt from the California Environmental Quality Act (CEQA) , pursuant to Section 15331 (Historic Resource Restoration/Rehabilitation), 15302 (Replacement or Reconstruction) and 15332 (Infill Development) of the CEQA Guidelines . Because the project does no t involve greater density or intensity of uses and the proposed changes are insignificant to t he overall scope of t he project, this exemption remains applicable. No further environmental review is required for the extension of time.

ADOPTED THIS ___TH DAY OF SEPTEMBER, 2022
.

JUSTIN CLIFTON

CITY MANAGER

Item 2D - 24
Resolution No. _____

Page 5 ends

ATTEST:

MONIQUE M. LOMELI, CMC

INTERIM CITY CLERK
Item 2D - 25
Resolution No. _____

Page 6 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ____ is a full, true and correct copy, and was duly ado pted 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 2D - 26

Attachment 5

Item 2D - 27

NEW CHURCH II, LLC
Post Office Box 6528
Malibu, CA 90264
PHONE (310) 456-2600
FAX (310) 456-2644

February 25, 2022

David Newell
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, California 92262

Dear Mr. Newell,

Attached hereto are the relevant findings to accompany the request by New Church II, LLC to extend the current entitlements that were granted as part of Resolution No. 24755.

The previously referenced resolution went into effect on May 7th, 2020 and is currently set to expire on May 7th, 2022. New Church II, LLC is actively working on the plan check submittal set for this property but unfortunately will not be able to obtain a building permit prior to the date currently set for expiration. As such, this letter is to serve as an official request to extend the existing entitlements by 24 months as New Church II, LLC continues to proceed towards obtaining a building permit and then into construction of the proposed project.

Very truly yours,

NEW CHURCH II, LLC
a California limited liability company

By:____________________________________
Name: Richard E. Weintraub
Its: Manager
Item 2D - 28

NEW CHURCH II, LLC
Post Office Box 6528
Malibu, CA 90264

PHONE (310) 456-2600
FAX (310) 456-2644

February 25, 2022

Entitlement Extension

The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered;
The proposed project remains consistent with the General Plan and any applicable specific plans. Further, on December 9th, 2021 New Church II, LLC entered into an amended operations covenant which includes a milestone schedule that the applicant must abide to in order to keep their incentive agreement in effect. Included within that milestone schedule is the requirement to submit an application to extend the existing entitlements by March 1st, 2022.

In regards to design, the project remains the same with the exception of one modification where the applicant has proposed to change Building F from a one story building into a two story structure. This is a request that was made by the hotel operator, Auberge Resorts as part of their feasibility review and noting that the change will not result in an increase in overall units or density.

While the request has been made to increase the overall height of this structure, it’s important to note that the proposed height remains within the allowable height requirements and is also consistent in height with its surrounding structures.

The findings made in support of the original approval remain valid and are still appropriate;
The findings made in support of the original approval remain valid and are still appropriate. Per previous, the applicant is required to submit for an extension of entitlements by March 1st, 2022 as part of the amended operations covenant.

There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA);
Item 2D - 29
There have not been any significant changes to the proposed project from a CEQA standpoint. On top of that the project was granted a categorical CEQA exemption letter in December of 2015.

The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title;
New Church II, LLC has entered into a maintenance program with the City of Palm Springs in order to ensure that the property is being properly taken care of and monitored. Since entering into this agreement there have not been any citations pertaining to improper maintenance.

The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period.

As part of the amended operations covenant, the applicant is being held to specific milestone achievements that they must hit in order maintain their eligibility for the hotel TOT incentive program. Thus far the applicant has remained on schedule and hit all of the milestones within the timeframes that are called for in the agreement.

The applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre-payment of impact fees or submittal of permit applications; and
The applicant is current of all fees required of them and payment of money owed has never been an issue.

Extenuating circumstances, not within the applicant’s control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period.

The applicant was previously on pace to perform within the current permit timeframes, however, covid halted their progress and as a result ended up having to place the project on hold. The full project team is now fully engaged again and working quickly towards a submittal to plan check.

Item 2D - 30

Attachment 6

Item 2D - 31
4348 Hayman Avenue
La Cañada Flintridge, CA 91011

CANZONERI GOTTHEIM LAW LLP
Strategic Solutions for Business and Government

JOSHUA GOTTHEIM
(626) 224-6128

July 25, 2022

VIA E-MAIL & U.S. MAIL

City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Attn: City Manager ([email protected]),

City Attorney ([email protected]), and
City Clerk ([email protected])

Re: O
rchid Tree Hotel - Amended and Restated Operations Covenant Agreement No. 8449 dated January 13, 2020 between New Church II, LLC and Cahuilla Church, LLC (collectively, “Owner”) and the City of Palm Springs (“City”), as amended by that certain Amendment No. 1 to Amended and Restated Operations Covenant, dated December 1, 2021 (as amended, the “Agreement”)

Dear City Manager, City Attorney and City Clerk,

Please forward this letter to the City Council for consideration as part of the agenda packet for the attached appeal that Owner is submitting herewith. I am writing to demand on behalf of Owner that the City (through its City Council) take prompt action to reverse the Planning Commission’s decision on July 13, 2022 and affirm Owner’s right to proceed with development of its hotel project in accordance with the Agreement.

1. B
ackground . Over the course of 2020 and 2021, as the Covid-19 pandemic wreaked destruction around the world (especially affecting tourism and hospitality), a dispute arose between the City and Owner concerning (ii) Owner’s claim for force majeure extensions of performance deadlines under the January 2020 Agreement; and (ii) City allegations of code violation and maintenance and security issues with the hotel development site. These claims were fully and amicably resolved by means of the TOT covenant amendment dated December 1, 2021, wherein Owner and the City mutually agreed to a limited extension of time for development, but imposed on Owner an increased number of performance milestones and site security obligations.

S
ince the parties entered into the December 2021 amendment, Owner has diligently and timely performed every milestone, including:

• Milestone #1 – resume work on architectural plans.

Item 2D - 32
2 • Milestone #2 – achieve 30% construction drawings.
• Milestone #3 – submit demo & historic structures protection plan. • Milestone #4 – Install security fencing per Dev. Svcs. Director requirements. • Milestone #5 – demolish non-historic structures.
• Milestone #6 – achieve 60% construction drawings.
• Milestone #7 – submit application to extend entitlements. • Milestone #8 – commission feasibility study by national firm acceptable to City. • Milestone #9 – submit 80% construction drawings (over 500 pages submitted).

Equally important, to our knowledge there have been no code violations and no code complaints since the December 2021 agreement imposed tougher security measures and required demolition of certain non-historic structures.

2. P
lanning Commission Meeting of July 13, 2022 . The project’s “smooth sailing” forward, however, was abruptly halted by the City at the recent Planning Commission meeting on July 13, 2022. Rather than approve Owner’s routine request for an entitlement extension and minor plan changes required by the hotel management company (Auberge), the Planning Commission denied the extension, turned down the minor plan changes, and recommended that City Council place the property under a “code violation receivership”.

T
he Planning Commission’s decision was based on false and outdated information, and was not supported by evidence in the record. For example:

• Planning Commission recommended the project be placed into a “code enforcement receivership” even though there are no code violations on the property and no code complaints have been received since the maintenance and security issues were resolved by the December 2021 amendment.

• Planning Commission based its decision on alleged Owner delays in implementing the project, even though Owner has so far timely met every one of the milestone dates agreed to by the City in the December 2021 amendment.

• Planning Commission’s determination that Owner was not proceeding diligently and in good faith was without support, and contradicts Section 2.b. of the December 2021 Amendment which provides: “With respect to … extensions of time for entitlements, City agrees that Owner’s strict compliance with the milestones in this Agreement shall constitute evidence of good faith efforts toward the exercise of Owner’s entitlements … .”

Owner is entitled to the extension of entitlements both as a matter of law because it has met the criteria for extension set forth in the Municipal Code, and as a matter of contract because the City has deemed the timely performance of milestones to be evidence of Owner’s good faith progress for purposes of the extension. Having agreed in December 2021 to allow Owner to proceed on a certain schedule and induced Owner to continue pouring hundreds of thousands of dollars into the plans, consultants, security, etc., the City may not now deny Owner the benefits of the Agreement based on re-weighing Owner’s diligence and progress.

Item 2D - 33
3 The City Council is obligated by the facts and the Agreement to promptly set the appeal for hearing and to reverse the Planning Commission decision and approve the extension of entitlements. Failure to do so will constitute a material breach of the Agreement and will subject the City to remedies including a judgment for very significant monetary damages. That outcome can be avoided if the Planning Commission’s decision is reversed and the project is allowed to proceed in accordance with the milestone schedule approved by City Council in December 2021.

Sincerely,

Joshua C. Gottheim, Attorney

CANZONERI GOTTHEIM LAW, LLP

Cc: Richard Weintraub
Jake Jesson
Michael Taitelman, Esq.

Attm: Appeal Form (Submitted Concurrently)
Item 2D - 34
This completed form must be sent to:

City of Palm Springs Office of the City Clerk
3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Appeal Form
Formulario de Apelación
City of Palm Springs
TEL (760) 323-8204 │FAX (760) 322-8332
☐
☐
Reserved for Filing Stamp
New Church II, LLC [email protected]
PO Box 6528 (310) 456-2600
Malibu CA 90264
07/13/2022 Yes
Planning Commission denied the extension based on false and irrelevant information. Applicant has met all criteria for the extension set forth in Section 94.12.00 and is entitled to the extension as a matter of law and contract. City Council established detailed maintenance, security and progress requirements in the last amendment to the TOT agreement entered into with the Applicant dated December 1, 2021. Since that time Applicant has spent hundreds of thousands of dollars on plans and additional pre-development costs and has timely met every milestone (including site demo, upgraded fencing and security, and over 500 pages of plan check submittals) all as validated by City Staff. The requested plan modifications are minor changes dictated by the operator (Auberge Resorts) and will be reviewed by the Historic Site Preservation Board. Site security has been greatly improved and there are no outstanding code complaints or violations to our knowledge. This project should be allowed to move forward as contemplated by City Council in the December 2021 agreement. See also our attached attorney letter dated 7/25/22 which is incorporated by reference and made a part of this appeal.

Item 2D - 35

APPELLANT INFORMATION/ INFORMACION DEL APELANTE

NAME/ NOMBRE
ADDRESS/ DIRECCl6N

CITY/ CIUDAD STATE/ ESTADO
E-MAIL/ CORREO ELECTR6NICO

PHONE/ TELEFONO
ZIP/ C6DIGO FAX/ EL FAX
POSTAL

SUBJECT OF APPEAL/ OBJECTO DE APELACION
The date the decision being appealed was rendered/ The application or project was entitled/ La aplicaci6n o La fecha en que se emiti6 la decision que se esta apelando : Proyecto ten fa derecho:

SPECIFY THE BASIS FOR THE APPEAL IN DETAIL (YOU MAY USE AS MANY ADDITIONAL SHEETS AS NECESSARY)/

ESPECIFIQUE LA BASE PARA LA MEDIDA EN DETALLE (PUEDE UTILIZAR TANT AS HOJAS ADICIONALES COMO SEA NECESARIO):

FOR STAFF USE ONLY
Appeal to City Council Appeal to Administrative Appeal Board Attachment 7
Item 2D - 36
Item 2D - 37

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
'New (11'11 re,h 11 .. LLC.

Address of Entity (Principle Place of Business)
J ;) le D3 ? ~ h c., (' nn st-l-t-w t.,\_ tk t w l. ~ ed., t. bu Local or California Address (if different than4#2)
(' Jt qt>Q tt, s-
State where Entity is Registered with Secretary of State Nev~do., If other than California, is the Entity also registered in California?~ Yes D No Type of Entity
D Corporation .@ Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity ~ec-A tt-C\.thecl e-ilA\ b, t A D Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)
Item 2D - 38

7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv

EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity _ and name of entitvl
A.

A ~-e-e A-J+()Le,n e. d :C:i... h ,-bi .)._,
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING TRUE AND CORRECT.

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)

CITY OF PALM SPRINGS -PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 2D - 39
EXHIBIT "A"
TO

PUBLIC INTEGRITY DISCLOSURE -APPLICANT DISCLOSURE FORM
The applicant entity is owned 62.5% by AVCO I, LLC and 37.5% by the Weintraub Descendant's Trust of 2009.

The Trustee of the Weintraub Descendant's Trust of 2009 is Richard Weintraub.

The owner of AVCO I, LLC is LVC One Thousand, LLC, as to 50% and Coleava I, LLC, as to 50%.

The owner of LVC One Thousand, LLC is the REW I Trust of which Asia Trust, Ltd. is the sole trustee.

The owner of Coleava I, LLC is the LCMWI Trust of which Asia Trust, Ltd. is the sole trustee.

The managing member of AVCO I, LLC, is LRAC 1000, LLC of which the ONYD Trust is the sole managing member of which Richard Weintraub and Marc Jacobs are co-trustees.

The managing member of LVC One Thousand, LLC is Richard Weintraub and the managing member of Coleava I, LLC is Liane Weintraub.

Attachment 8
Item 2D - 40
1 David Newell
‐‐‐‐‐Original Message‐‐‐‐‐
From: Ron Kasper <[email protected]>
Sent: Wednesday, July 13, 2022 1:06 PM
To: Planning <[email protected]>; David Newell <[email protected]> Cc: RONALD KASPER <[email protected]>
Subject: New Church LLC Orchid Tree Inn

NOTICE: This message originated outside of The City of Palm Springs ‐‐ DO NOT CLICK on links or open attachments unless you are sure the co ntent is safe.

David,
Here we go again…… another extension request. Just as I predicted . The City has to at some time come to the conclusion, that winetrube is going to string this out until he gets all the approvals he wants and then will try to sell th e
site.

On the request , please ask the city to deny the extension. He has plenty of money to meet the dead lines as recently proposed As I told you he just sold two properties in Malibu for over $100M . Make him meet the deadlines or at least have him fix the bu
rnt church and the adobe bungalows back to their original standards while he decides what he wants to do with this property. Wee in the tennis club area are tried of looking at the site and are worn‐out trying to get the homeless to leave the area . We at St Bristo have installed cameras, roving security locked gates and they still come in and use the pool, steal furniture , etc.

This is now a 10 year disaster with no real help from the City of Palm Springs.

regards
Ron Kasper 285 S Cahuilla
Item 2D - 41
Attachment 9
Item 2D - 42
1 Item 2D - 43

CITY COUNCIL STAFF REPORT
DATE: May 7, 2020 PUBLIC HEARING
SUBJECT: COUNCIL CALL-UP OF THE MARCH 25, 2020 DECISION BY THE

PLANNING COMMISSION REGARDING THE ORCHID TREE PROJECT
BY NEW CHURCH 11 , LLC INVOLVING A GENERAL PLAN

AMENDMENT , VARIANCE , MAJOR ARCHITECTURAL APPLICATION , AND CONDITIONAL USE PERMIT TO (1) RE-CLASSIFY A PORTION OF ARENAS ROAD IN THE CIRCULATION ELEMENT OF THE 2007
GENERAL PLAN; (2) RENOVATE TWO HISTORIC PROPERTIES FOR
ADAPTIVE RE-USE; AND (3) DEMOLISH AND RECONSTRUCT ONE
AND TWO-STORY STRUCTURES ON A 3.65-ACRE SITE FOR THE

OPERATION OF A HOTEL WITH ACCESSORY SPA, RESTAURANT
AND MEETING SPACE LOCATED AT 222 S. CAHUILLA ROAD, ZONE R-3 (CASE 5.1345 CUP, GPA, HSPB 23, HSPB 72, 3.0678 MAJ & 6.656 VAR).

FROM: David H. Ready, City Manager
BY: Department of Planning Services

SUMMARY
On March 25, 2020, the Planning Commission voted 6-0 to deny entitlement applications related to the Orchid Tree hotel project, but recommended approval of an associated General Plan Amendment to re-classify a segment of Arenas Road from a Secondary Thoroughfare to a Collector. The denied applications consisted of revisions to a previously approved hotel project involving two contiguous Class 1 historic sites - the Community Church located at 284 S. Cahuilla Road and the Orchid Tree Inn located at 226 West Baristo Road - and expanding the project footprint to include the entire block surrounded by Arenas Road, Belardo Road, Baristo Road and Cahuilla Road. The project involves the demolition of one Class 3 structure and multiple Class 4 structures to reconstruct buildings in the same location, in order to combine all properties within the block for operation as one hotel with 74 guest rooms and accessory commerc ial uses.

A Councilmember has initiated a review of the Planning Commission decision in accordance with Section 2.06.030 of the Municipal Code, which permits the review of any decision or action of a City Council appointed commission or board.

ITEM NO. i p..
2 Item 2D - 44
City Council Staff Report
May 7, 2020 -- Page 2
Orchid Tree Hotel Project
The following applications have been filed in conjunction with this project:
• Major Architectural Application, Case 3.0678 MAJ, to alter Class 1 properties and demolish and re-construct hotel buildings for the consolidated hotel operation. • Conditional Use Permit, Case 5.1345 CUP, to operate the restaurant and spa as part of the hotel.
• General Plan Amendment, Case 5.1345 GPA, to reclassify Arenas from a Secondary Thoroughfare to a Collector between Belardo Road and Tahquitz Drive. • Variance, Case 6.656 VAR, to reduce building setbacks along Belardo Road from 20 feet to 11 feet and Baristo Road from 25 feet to 11 feet.

ISSUES:
• Staff recommended denial of the Variance application and approval of all other project applications to the Planning Commission, noting the following concerns:
o Applicant seeking setback reductions to 11 feet on Belardo (from 20 feet required) and 11 feet on Baristo Road (25 feet required). o 94 parking spaces proposed, but 161 spaces required under current standards. o Further study of 239 W. Arenas Road required to determine if buildings should be retained and elevated to higher historic classification, per March 3rd HSPB review.
• The Planning Commission was unable to make findings for the Major Architectural, Conditional Use Permit or Variance applications - see additional discussion on pages 3-4 of this report.

RECOMMENDATION:
1) Open the public hearing and receive testimony;
2) Approve as recommended by staff and adopt the following resolutions entitled:
a. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, APPROVING A GENERAL PLAN
AMENDMENT APPLICATION, CASE 5.1345 GPA, TO AMEND THE
CIRCULATION ELEMENT, FIGURE 4-1, OF THE 2007 GENERAL PLAN

TO RE-CLASSIFY A SEGMENT OF ARENAS ROAD FROM A

SECONDARY THOROUGHFARE TO A COLLECTOR BETWEEN
BELARDO ROAD AND TAHQUITZ DRIVE."
b. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, DENYING A VARIANCE APPLICATION,
CASE 6.656 VAR, FOR REDUCING STREET SETBACKS ALONG

BELARDO ROAD AND BARISTO ROAD FOR A PROPOSED HOTEL
PROJECT PROPOSED AT 222 SOUTH CAHUILLA ROAD."
c. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL
3 Item 2D - 45
City Council Staff Report
May 7, 2020 -- Page 3
Orchid Tree Hotel Project
APPLICATION, CASE 3.0678 MAJ, TO RENOVATE CLASS 1 HISTORIC PROPERTIES (226 WEST BARISTO ROAD AND 284 SOUTH
CAHUILLA ROAD), DEMOLISH CLASS 3 AND 4 STRUCTURES AND

CONSTRUCT ONE- AND TWO-STORY BUILDINGS TO

RECONSTRUCT BUILDINGS IN THE SAME LOCATION, IN ORDER TO

COMBINE ALL PROPERTIES WITHIN THE BLOCK FOR THE
OPERATION AS ONE HOTEL WITH 74 GUEST ROOMS AT 222 SOUTH CAHUILLA ROAD."
d. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION, CASE 5.1345 CUP, .TO OPERATE ACCESSORY

COMMERCIAL, INCLUDING A RESTAURANT AND SPA FACILITY, IN CONJUNCTION WITH A HOTEL PROJECT AT 222 SOUTH CAHUILLA
ROAD."
A couple alternative actions to the above, the City Council could:
• Approve the General Plan Amendment, but deny the other project applications. In this instance, staff would revise the above resolutions accordingly.
• Approve the Variance request and reduce setbacks on Baristo and Belardo. The Commission debated if the necessary findings could be made relative to the setback on Baristo Road due to the historic structures limiting building locations. It should be noted that the Applicant has moved the pool cabana structure further away from the Belardo Road since the project was reviewed by the Planning Commission.

OWNERSHIP INFORMATION:

Weintraub. The Applicant's business disclosure form is included in Attachment 6.

PLANNING COMMISSION REVIEW:

The Planning Commission reviewed the project on two occasions and expressed concerns with certain aspects of the project. On March 11, 2020, the Planning Commission held a public hearing, received testimony and correspondence from the public, and continued the hearing to the next regular meeting with direction to Applicant as follows:

1. Provide all streetscape elevations.
4 Item 2D - 46
City Council Staff Report
May 7, 2020 -- Page 4
Orchid Tree Hotel Project

2. Prepare parking/traffic analysis and identify off-site parking solutions.

3. Provide additional drawings depicting various setback scenarios for Building "N".

4. Submit additional detail on the folly.

5. Report on security issues after discussion with neighbors (Del Marcos Hotel).

6. Provide additional justification to Variance findings. · On March 25, 2020, the Planning Commission reviewed the additional materials provided by the Applicant, but remained concerned with the project architecture, building/structure setbacks and parking. As a result, the Commission recommended approval of the General Plan Amendment and denied the project applications, based on the following:
• Major Architectural Application - The architecture of Building "N" is not harmoniously integrated with the Belardo Road frontage, as the building appears to "turn its back" towards the street. In addition, there is inadequate information, including renderings of the project design along Cahuilla Road and Arenas Road, to determine the development is integrated/designed in a harmonious manner (unable to find Criteria #2 and #5 of Section 94.04.00(0) of the Zoning Code). The Commission recommends additional information be provided by the Applicant, and that Condition #PLN 3.b.7 be modified to state that the third-party consultant shall be City-hired and paid for by the developer.
• Variance Application - Per the analysis in the staff report, the Commission was unable to justify findings to reduce the setbacks (unable to make Finding #1 and #2 of Section 94.06.00(B) of the Zoning Code). The Commission recommends finalizing the cabana structure design, if applicant wishes to pursue a reduced setback along Baristo Road, and seeking an Administrative Minor Modification for setback relief along Belardo Road.
• Conditional Use Permit Application - There isn't evidence to suggest the accessory commercial components (restaurant, banquet/meeting rooms, event lawns) will be adequately served by the proposed parking, either on- or off-site, at this time without resulting in detrimental impacts to existing uses in the neighborhood (unable to find Criterion "b" of Section 94.02.00(8)(6) of the Zoning Code). The Commission recommends increasing on-site parking to 94 spaces and a parking management plan that includes the use of 25 - 30 off-site spaces under a long-term lease for overflow parking.
• General Plan Amendment Application - The Commission was supportive of the General Plan Amendment Application and recommends approval by City Council.

As a separate comment from the decision, Commissioner Hirschbein stated his opposition to the current plan with the proposed bay parking that extends into right-of-way and eliminates parallel street parking available to the public.

In response to the Commission's action, the Applicant has provided additional project renderings, including views from Arenas Road and Cahuilla Road, and made the following changes:

1. Increased parking by seven spaces to provide a total of 94 spaces on-site. 5 Item 2D - 47
City Council Staff Report
May 7, 2020 -- Page 5
Orchid Tree Hotel Project

2. Increased the setback for the new pool cabana structure (from 0) to 11 feet along Baristo Road.

3. Modified Building "N" along Belardo Road frontage -
a. Increased the building setback (from eight feet) to 11 feet. b. Added more landscape buffer between building and sidewalk. c. Provided additional fenestration.

The revised renderings and plans reflect the above changes and are attached to this report.

COUNCIL MEMBER REVIEW OF DECISIONS:

The review of the Planning Commission's decision is being brought forward to City Council pursuant to Section 2.06.030 of the Palm Springs Municipal Code (PSMC). Any councilmember may initiate a review of any decision or action of a City Council appointed commission or board upon notice to the City Clerk. The action of the Council appointed commission or board shall be set aside and the Council shall conduct a public hearing on the review, according to paragraph (d) of PSMC Section 2.06.030.

PROJECT DESCRIPTION:

Since the initial application for a hotel project in 2015, the Applicant has submitted a number of revisions reducing the overall scope and scale of a hotel project at the subject site in an effort to adaptively re-use the two existing historic sites along with three adjacent vacant properties. As noted in the background above, the Planning Commissi\)n approved a 47-room hotel project on the Orchid Tree site and three adjacent properties in November 2015, and a 12-room hotel with accessory commercial space (restaurant and spa) on the Community Church site in .March 2015. Finally, in November 2016, the Planning Commission approved a revision combining both projects and relocating certain uses within the overall project site.

Since the 2016 approval, the Applicant has acquired additional property directly north and adjacent to the site, and is seeking to expand the overall project footprint to encompass the entire block that is surrounded by Arenas Road, Belardo Road, Cahuilla Road and Baristo Road. Similar to the previously approved project, the Community Church will contain the front desk and lobby, lobby bar, ancillary operations (office, restrooms, admin., etc.), meeting rooms and a restaurant on the ground floor; a spa is proposed on the second floor. A 1,000-square foot addition will occur on the east side of the church to accommodate additional kitchen space for the restaurant, and a covered awning is proposed on the north side of the building to provide a shaded area adjacent to banquet/meeting space.

At the southeast corner of the project site, the eight freestanding Orchid Tree bungalows will be renovated for re-use as hotel suites (Buildings B-1 thru B-8 on the site plan). The building adjacent to the bungalows to the north will be demolished and reconstructed as a two-story building containing a gym, two guest rooms and restrooms 6 Item 2D - 48
City Council Staff Report
May 7, 2020 -- Page 6
Orchid Tree Hotel Project
on the first floor, and six guest rooms on the second floor (Buildings 8-9 thru 8-11 on the site plan). Within the interior courtyard of the bungalows, a pool area is proposed and new freestanding cabana structure will be built, requiring a variance to reduce the setback from Baristo Road.

A two-story building will be built along Belardo Road, similar to the previously approved project, identified as Building "N" on the site plan. This building will require a Variance to reduce the setback to 11 feet (where 20 feet is required) at its current location adjacent to the Belardo Road sidewalk. The other buildings within the project will involve demolition of existing structures for rebuild in the same or similar location.

The table below summarizes the project buildings as referenced on the site plan and proposed changes, uses and rooms counts.

Building
·- .. . ..

Room i Existing. Proposed Changes Use· Ref. '
. Count·
Community y Repair and add Front desk, lobby, lobby
Church 1,000 s.f. bar, ancillary operations, -
restaurant and soa
A y Demo. & rebuild new Hotel rooms 6 1- & 2-storv
B-1 thru 8-8 y Repair and remodel Hotel rooms
Orchid Tree 8
BunQalows
8-9 thru Y, 1-story Demo. & build new 2- Gym, hotel rooms, 8 8-11 storv restrooms C y Demo. & rebuild new Hotel rooms 3
D y Demo. & rebuild new Hotel rooms 4
E y Demo. & rebuild new Hotel rooms 3
G y Demo. & rebuild new Hotel rooms 3
H y Demo. & rebuild new Hotel rooms 2
I y Demo. & rebuild new Hotel rooms 2
J Y, Demo. & rebuild new Hotel rooms 3
K Y, 1-storv Demo. & rebuild .new Hotel rooms 1
L Y, 2-storv Demo. & rebuild new Hotel rooms 12
M y Demo. & rebuild new Hotel rooms 6
N N New 2-story building Hotel rooms & 6 back of house functions 0 y Demo. & rebuild new Hotel rooms 2
p y Demo. & rebuild new Hotel rooms 5
Q N New 1-storv buildina Kitchen -
Cabana N New 1-story cabana Pool cabana/shade -structure Total: 74
7 Item 2D - 49
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Orchid Tree Hotel Project
BACKGROUND INFORMATION:

Related Relevant Citv Actions by Plannina, Fire, -Buildina, etc ... 03/15/89 City Council designated the Community Church property (284 S. Cahuilla Roadl as a Class 1 Historic Site.

City Council designated the Orchid Tree Inn bungalows (226 W. Baristo Road) 11/3/10 and stone archway (262 S. Cahuilla Road) as Class 1 historic sites and the fire-destroyed Craftsman Cottage bungalows (262 S. Cahuilla Road) and razed Frev Aoartment Buildina (292 s_ Belardo Road) as Class 2 historic sites.

The Architectural Advisory Committee (AAC) recommended approval of a 10/26/15 proposal to restore the Orchid Tree bungalows and construct seven hotel buildings on the 2.13-acre site to operate a 47-room hotel ("Orchid Tree Hotel").
11/10/15 The Historic Site Preservation Board (HSPB) issued a certificate of approval for the oroocised Orchid Tree Hotel oroiect.
11/18/15 The Plannina Commission aooroved the Orchid Tree Hotel oroiect. 02/16/16 The AAC tabled a proposal to restore the Community Church as a 12-room hotel with accessorv restaurant and spa ("Communitv Church Hotel"). 03/07/16 The AAC recommended aooroval of the Communitv Church Hotel. 03/08/16 The HSPB issued a certificate of approval for the Community Church Hotel oroiect.
03/09/16 The PlanninQ Commission aooroved the Communitv Church Hotel.

The AAC recommended approval for a revised 3.1-acre project, involving the 10/3/16 adaptive re-use of the Community Church and Orchid Tree bungalows and combining adjacent properties into one hotel development with accessory commercial.

The HSPB issued a certificate of approval for a revised 3.1-acre project, 11/08/16 involving the adaptive re-use of the Community Church and Orchid Tree bungalows and combining adjacent properties into one hotel development with accessorv commercial.

The Planning Commission approved a revised 3.1-acre project, involving the 11/09/16 adaptive re-use of the Community Church and Orchid Tree bungalows and combining adjacent properties into one hotel development with accessory commercial.
02/18/20 The AAC recommended approval of the revised 3.65-acre project that is currently under consideration, subject to the conditions.

The HSPB issued a conditional certificate of appropriateness for changes 03/03/20 proposed to the Class 1 historic properties and chose not to issue a stay of demolition for the buildings being removed as part of the project, except for the orooertv at 239 W. Arenas Road which requires further studv.

The Planning Commission reviewed the subject applications and continued the 03/11/20 matter to its regular meeting of March 25, 2020, directing the Applicant to orovide additional information. See discussion on aaes 3-4 of this reoort.

The Planning Commission recommended City Council approval of the subject 03/25/20 General Plan Amendment to re-classify Arenas Road and denied the other applications based on an inability to find the project met required findings_ See discussion on paQes 3-4 of this report.
8 Item 2D - 50
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Orchid Tree Hotel Project
MostRecent Chanae of Ownersliin;; ·:
, , ,
Feb.2010 Cahuilla Church, LLC acauired Communitv Church site.

Mar. 2010 New Church 11, LLC acquired Orchid Tree bungalows site and adjacent properties to the north, which have been collectively identified as the Orchid Tree Inn.

Oct. 2017 Owner acquired 239 W. Arenas Road, APN: 513-151-019 AuQ.2018 Owner acquired 205 S. Belardo Road, APN: 513-151-040 Mar. 2019 Owner acquired 200 S. Cahuilla Road, APN: 513-151-038 Planriina Aieas··
-- ;- -
' ' , ,
· Soecific Plan None
Design Plan Yes Downtown Urban Design Plan - Appendix A of . 2007 Palm SprinQs General Plan.

Overlay Zone(s) URI! Resort Overlay zone, subject to the requirements of Section 92.25.00 of the Zonina Code.

Neiahborhood Meetina/Notificatfon, .. - '-· " --·-···---- ,
02/13/20 Electronic notice sent to neighborhood organizations within a mile of the subject property, notifying that the Architectural Advisory Committee would review the project on Februarv 18, 2020.
02/27/20 Electronic notice sent to neighborhood organizations within a mile of the subject property, notifying that the Historic Site Preservation Board would review the project on March 3, 2020.

Notice of public hearing mailed to addresses within 500-feet of the site, notifying that the subject application would be considered by the Planning Commission at a public hearing on March 11, 2020. The public hearing notice was also emailed to Neiahborhood Oraanizations within one-mile of the oroiect site. 02/29/20 Notice of public hearing published in the local newspaper.

General Plan, Zoninn and Land Uses of Site & Surroundinn Areas · Existing General Plan.· Existi11g Zoning
, '
Existing Land Use
Desianations
,,'
Desianation '
Site Existing :SH (Small Hotel) Existing: R-3 (Multiple-family Historic Community Church, and Hotel) Orchid Tree Inn & Vacant
North SH R-3 1-storv Hotel
South SH R-3 2-story Hotel (Del Marcos)
Private Club
East CBD (Central Business CU (Civic Uses) and CBD · Parking lot and 1- to 2- story District) (Central Business District) commercial retail (The Vinevard) West SH R-3 1- to 3-storv residential
9 Item 2D - 51
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Orchid Tree Hotel Project
Field Check
01/13/20 I Staff visited site to observe existina conditions.

ANALYSIS:

General Plan
Land Use: The current General Plan Land Use of the project site is Small Hotel, which is described as follows:

Small Hotel Resort Commercial (15 hotel rooms per net acre; 1 O dwelling units per acre). This designation applies to areas with smaller-scale, boutique type hotels that are typically found in Warm Sands and Tennis Club neighborhoods. It is intended that the tourist resort character of these neighborhoods be preserved; as a result, new residential uses or conversion of small hotels to residential uses are permitted as long as they comply with the conversion requirements outlined within the City's Zoning Code. Stand-alone retail and commercial uses are not permitted in this land use designation.

Ancillary commercial uses such as a gift shop associated with a small hotel use are allowed.

The 3.65-acre site would be permitted up to 55 hotel rooms under this designation. The Applicant proposes renovating and re-constructing the same number of buildings and units as previously approved - and in the same or similar building form - for the Orchid Tree and vacant sites, thereby continuing its non-conforming status of 20 rooms per acre.

Downtown Urban Design Plan: Appendix A of the 2007 Palm Springs General Plan is a workbook that was produced to serve as design guidelines for future downtown development.

Staff notes the following as it relates to the project:

Building Height:
• The site is located within the Tennis Club District of the Plan, which states "building heights should be consistent with current heights and zoning restrictions." • "Building heights should result in a varied skyline. Taller buildings, if property designed, will create dramatic view corridors that will add to the vitality of downtown." • "Taller buildings (in excess of three stories) should compensate for their height through the provision of grade level public open space, preservation of views, superior design, and quality construction."
Orientation & Massing:
• "An east-west orientation of taller buildings will reduce the bulk facing the mountains, which will help create/ preserve view corridors in the downtown area. The east-west orientation of taller buildings is recommended when appropriate."
• "Buildina massina should step back above the around floor to maintain and protect public 10 Item 2D - 52
City Council Staff Report
May 7, 2020 - Page 10
Orchid Tree Hotel Project
view corridors along streets."
• "Buildings should have variable roof lines."
Architecture & Architectural Detailing:
• "It is important that the rich architectural heritage of Palm Springs be protected. The City urges property owners to preserve, restore and productively use Class I and Class II historical buildings whenever practical."
• "New buildings should be sensitive to the architectural styles and detailing of surrounding buildings while adding to the architectural quality and eclectic nature of downtown." The largest building of the new construction is a two-story modern hotel building with simple rhythmic patterns and textures around all four facades. The structure orients in a north-south direction and is relatively close to the street at a setback of 11-ft from Belardo Road. The building does not step back above the ground floor.

The project does incorporate the preservation and adaptive re-use of historical ·structures on both Class 1 sites.

Circulation: The northerly portion of the site abuts Arenas Road, which is identified as a Secondary Thoroughfare in the Circulation Plan (Figures 4-1) of the 2007 General Plan. The Applicant has submitted a General Plan Amendment to re-classify Arenas Road from a Secondary Thoroughfare to a Collector for the segment extending from the Belardo Road to Tahquitz Drive, as depicted in Attachment 3 to this report. The General Plan describes these street classifications as follows:

Secondary Thoroughfare. Secondary thoroughfares serve
through and local traffic and may allow on-street parking. They connect various areas of the City, provide access to major thoroughfares, and serve secondary traffic generators such as small business centers, schools, and major parks. Typical street right-of-way width is 88 feet, which can be divided or undivided.

Collector. Collector streets serve mostly local traffic; they are usually comprised of two lanes and carry traffic from secondary and major thoroughfares. On-street parking is permitted on collectors, which can be divided or undivided roadways. Typical right-of-way width for a collector is 60 feet, 66 feet in industrial areas.

Attachment 4 includes street cross-section design standards for both Secondary Thoroughfare and Collector streets.

The segment of Arenas Road to be amended is consistent with a Collector classification, in terms of existing improvements and current right-of-way widths. The roadway is fully improved as an undivided two-lane road with both sides of the street havino curbs at 20-feet from 11 Item 2D - 53
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Orchid Tree Hotel Project
centerline and 5-feet wide sidewalks, in accordance with Engineering standards for a Collector roadway. Right-of-way wid_ths currently range from 50- to 60-feet in overall width along the subject segment.

If improved in accordance with Secon~ary Thoroughfare standards, additional right-of-way would be required and the roadway would be widened, which impacts private property. Many of the properties abutting Arenas Road have bay parking, which would require relocating or removal once the curb and sidewalk is relocated to a Secondary Thoroughfare standard.

In addition, this segment -of Arenas Road only serves local streets and will never be extended west due to the location of private property and the mountain. The segment serves only the Tennis Club Neighborhood. The easterly end of the amended segment connects to Belardo Road, which is also a Collector. East of Belardo Road, Arenas Road would remain a Secondary Thoroughfare into the Central Business District and Section 14.

For the above reasons, staff supports the proposed Amendment. z onma
The project site is zoned "R-3" (Multiple-family and Hotel) with an overlay zone of "R" (Resort).

Permitted Uses: The proposed hotel use is permitted within the "R-3" zone, pursuant to Section

92.04.01(A)(1) of the Zoning Code. The accessory commercial uses that are part of the hotel are permitted with the approval of a Conditional Use Permit. The Resort Overlay zone requires the approval of a Conditional Use Permit when a residential use is proposed.

Development Standards:
.R-3 Reauiremerits• . I Piooosed Proiect ·Comolv .

A. LotArea· 20,000 sq. ft. 158,994 sq. ft. Yes ,
B. lot Dimension
Min. Width. . '
145 feet 265 feet Yes
JVlin, Depth · 150 feet 600 feet Yes
c: Density .. 1,000 sq. ft. of net lot area for each 150,194 sq. ft. of lot area allows Yes unit of a hotel with surface parking 150 rooms.

Proiect oroooses 7 4 rooms
D. Buildina Heiahf Hotels: 30 feet 14-26.5 feet Yes
E. Yard .Setbacks
1". General Front of garages I carports shall be No garages/carports proposed Yes Provisions located not less than 25 feet from
property line abutting the street . ' from which such garage has access. -
12 Item 2D - 54
~-
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May 7, 2020 - Page 12
Orchid Tree Hotel Project

2. Front Yard ,1 25 feet

3. Side Yards 20 feet from Belardo and Cahuilla

4. Rear Yard Equal to building height
F. Dist,mce Between 15 feet minimum
Buildings 30 feet minimum for interior court
G. Walls, Fences and Refers to Section 93.02.00
Landscaping
H .. Aecess. · Required per to Section 93.05.00
I. Off-street Parking 1 space per room for first 50 rooms · 0.75 space per room exceeding 50
Restaurant: 1 space per 60 sq. ft.
of dining, bar and dancing areas
OR 1 space per 5 seats.
. Public assembly space credited 30
sq. ft. per guest room. Additional
parking required at ratio of 1 space
per 30 sq. ft.

Spa: 1 space per employee
J .. Off-strel!t Loading • 1 loading space required
and.Trash Areas. Trash enclosure required
Performance Minimum of 45 percent landscape
Standards open space
11 feet to cabana along Baristo No, requires
Rd Variance
West property line: >20 feet Yes
East property line: 11 feet No, requires
Variance
Equal to building height Yes
Existing condition -
70+ feet (pool area) Yes
Walls to be consistent with this TBD
Code requirement
Provided from all streets Yes
7 4 rooms require 62 spaces Yes1
132 seats require 26 spaces
74 rooms x 30 sq. ft.= 2,220
sq. ft. permitted without
providing additional parking.

Proposed: 4,252 sq. ft. - 2220
credit= 67 spaces
6 employees require 6 spaces
Total required: 161 spaces
Total orovided: 94 soaces
Loading and trash to occur on Yes
east side of site
Existing --
.. 1Class 1 historic properties are exempt from providing further parking, pursuant to Section

93.06.00(B)(3)(e) of the Palm Springs Zoning Code.

Parking. Under current standards, a total of 161 spaces would be required for the proposed project. Because the project involves two Class 1 historic sites, the Zoning Code provides an exemption from providing additional parking in order to encourage adaptive re-use of historic properties in the City. When the Commission reviewed the parking for the Project - which included 87 on-site spaces - there was a general consensus that the Applicant hadn't provided adequate parking to serve the proposed uses and the project would need the following to gain the Commission's support:
• Seven additional parking spaces on-site;
• A minimum of 25-30 off-site parking spaces via long-term lease with property within 300 feet of the site, to handle overflow parking; • Applicant to comply with conditions relative to parking management plan.

In response, the Applicant has increased parking on-site to 94 spaces. 13 Item 2D - 55
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May 7, 2020 - Page 13
Orchid Tree Hotel Project
Setbacks. The Applicant is requesting a variance to reduce building setbacks along Belardo Road and Baristo Road, as indicated in the table above. Staff analyzed the required findings for approving the Variance on page 17 of this report, and determined criteria #1 and #2 could not be made in relation to the special circumstances applicable to the property and the granting of special privilege, respectively. The Applicant states the justification for these criteria is the location of Class 1 historic buildings requiring the placement of buildings as proposed (see Attachment 6 for Applicant's response to required findings). However, the criterion #1 is limited to the property's size, shape, topography, location or surrounding, and not what improvements exist within a site.

Further, in relation to criterion #2, the request for zero setback along Baristo Road may constitute the granting of special privilege. Staff therefore recommends the buildings be relocated outside of setback areas. As an alternative, staff suggest the Applicant seek an Administrative Minor Modification (AMM), pursuant to Section 94.06.01 of the Zoning Code. This would permit a 20% relief from setbacks on Belardo and Baristo, which would be similar to existing building setbacks along these streets. The table below summarizes the setback impacts:

Street Setback
Reauired Reauested A.MM
Baristo Road 25' 11' 20'
Belardo Road 20' 11' 16'
FINDINGS - MAJOR ARCHITECTURAL APPLICATION (Case #3.0678):

Section 94.04.00(0) of the Palm Springs Zoning Code (PSZC) requires an evaluation of the proposed development to determine if it will provide a desirable environment for its occupants, be compatible with the character of adjacent and surrounding developments, arid whether it is of good composition, materials, textures and colors. Staff has analyzed the findings in order below.

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

The project provides amenities common of a resort hotel with restaurant, event space and recreation areas. The renovation of historic structures retains the site charm and history, while modernizing for a desirable attraction. Pedestrian and vehicular spaces are clearly defined.

2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both 14 Item 2D - 56
City Council Staff Report
May 7, 2020 -- Page 14
Orchid Tree Hotel Project
excessive variety and monotonous repetition, but allowing similarity of style, if warranted.

The proposed land use is consistent with other uses in the surroundings and vicinity. The proposal respects the existing historic structures while integrating new hotel buildings.

Proposed land uses and densities generally reflect existing developments in the Small Hotel Resort Commercial designation and surrounding historic tennis club.

3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment.

The proposed structures will range in height from 14' to 26.5', consistent with zoning code height limitations. All mechanical units will be screened from view.

However, the two-story building along Belardo Road is adjacent to the sidewalk, creating a large mass along the street; this building and the pool cabana within the historic bungalows do not comply with setbacks. Therefore, this finding cannot be met, unless the structures are relocated to comply with setbacks.

4. Building design, materials and colors to be sympathetic with desert surroundings.

Building designs incorporate stucco, metal trellises, perforated aluminum panels and aluminum door and window systems, which are materials that withstand the desert environment. The proposed colors are generally consistent with other properties in the area.

5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously.

Awnings and building overhangs are provided over windows and doors for solar control. Low planter walls, roof variation and detailing, and window treatments create a harmony of composition.

6. Consistency of composition and treatment.

Buildings are designed in a simple modern vernacular that will contrast from the existing historic structures to create a unique contemporary design.

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

Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials.
15 Item 2D - 57
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Orchid Tree Hotel Project
The project consists of drought-tolerant planting commonly used in the local desert climate. Shade and palm trees and shrubs/accents will be planted to enhance the user experience on site. The project will be required to irrigate plant materials in accordance with the City's water efficient landscaping ordinance.

8. Signs and graphics, as understood in architectural design including materials and colors.

Signage will be evaluated under separate application.

FINDINGS - CONDITIONAL USE PERMIT (Case #5.1345):

Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that the following five conditions be met in order to approve a Conditional Use Permit. Staff has analyzed these findings in order below.

1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code.

Pursuant to Section 92.04.01 (0)(16) of the Palm Springs Zoning Code (PSZC), the R-3 zone permits restaurants, provided that they are an integral part of a hotel containing at least 20 guest rooms, with the approval of a Conditional Use Permit (CUP). In this case, the restaurant will be integral part of a hotel exceeding 20 guest rooms, and thus, the project conforms to this finding.

Pursuant to Section 92.04.01 (0)(19) of the PSZC, the R-3 zone permits spas as an accessory use to a hotel with the approval of a CUP, if (1) the facility only serve hotel guests; (2) the hotel has a minimum of 15 rooms; (3) staff is licensed and trained in the particular programs provided in accordance with Chapter 5.34 of the Municipal Code; and (4) such facility shall comply with Chapter 5.34 of the Municipal Code. The project conforms to these criteria.

2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located.

The adaptive re-use of these historic properties as a hotel with accessory commercial uses is necessary and desirable for the progress and development of the Historic Tennis Club Neighborhood and community at large, and will be consistent with the 2007 General Plan. The project will create a functional use within two long-vacant historic properties and be consistent with the city's policy to encourage and support projects that provide societal benefits, including historic preservation (General Plan Land Use Element, Policy LU 1.6). The 16 Item 2D - 58
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Orchid Tree Hotel Project
existing historic Orchid Tree bungalows will be retained and contribute to the unique character of Palm Springs (General Plan Land Use Element, Policy LU

7.6). The project will also enhance the viability of the proposed hotel use, resulting in increased transit-occupancy tax for the city. Furthermore, given the re-use will likely be less intense at times than the previous church use and contained within the existing floor area, the proposal is not anticipated to be detrimental to existing uses or future uses specifically permitted in the R-3 zone.

3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood.

The Applicant proposes to renovate existing structures and construct new buildings on the 3.65-acre project site. As conditioned, the new structures will meet current development standards, in terms of height, setbacks, etc., in order to integrate the proposed hotel and accessory commercial space with the existing historic structures and site surroundings. Therefore, the site is adequate in size and shape to accommodate the proposed uses and will be consistent with those existing or permitted future uses of land in the neighborhood.

4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use.

The project site is located adjacent to Arenas Road, Baristo Road, Belardo Road and Cahuilla Road, and all are improved for two-way vehicle traffic, which is adequate to accommodate the type and quantity of traffic expected for the proposed uses. Sidewalk improvements are required along Cahuilla Road and will enhance pedestrian circulation around the site.

5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards.

The conditions imposed as part of this Conditional Use Permit are intended to minimize impacts on the surrounding community. The limiting of restaurant service to hotel guests and restricting dinner service for outside patrons is required unless a parking management plan is prepared and implemented, in order to protect the public health, safety and general welfare and the finding has been met.
17 Item 2D - 59
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Orchid Tree Hotel Project
FINDINGS - VARIANCE APPLICATION (Case #6.656 VAR):

Section 94.06.00 of the Palm Springs Zoning Code (PSZC) requires that all four of the following conditions be met in order to grant the variance. Staff has analyzed these findings in order below.

1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

The 3.65-acre property is located within an R-3 zone, which requires a minimum lot size of 20,000-square feet, lot depth of 150-feet and lot width of 145-feet. The property is flat and rectangular in shape with overall dimensions of 265-feet wide by 600-feet deep. The project involves the consolidation of multiple properties abutting four streets. Consequently, there are no special circumstances applicable to the subject property, particularly as it relates to size, shape, topography, location or surroundings, that would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Therefore, this finding cannot be met.

2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated.

The requested setback would reduce street setbacks down to zero on Baristo and eight-feet along Belardo. While the Historic Tennis Club Neighborhood has a variety of old structures, few if any are located at the street property lines.

Therefore, the granting of zero setback along Baristo Road may constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone of the subject property; this finding cannot be met.

3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which the subject property is situated.

The proposed structures are scaled at one and two-stories in size, and located on private property. The buildings would be built in compliance with current building code standards. Therefore, the granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity.

4. The granting of such variance will not adversely affect the general plan of the city.
18 Item 2D - 60
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Orchid Tree Hotel Project
The reduced setbacks will allow siting of structures for the operation of a hotel..

The General Plan would not be adversely affected by the reduced setback.

As an alternative to the Variance, the Applicant could pursue an Administrative Minor Modification (AMM), in accordance with Section 94.06.01 of the Zoning Code. The AMM would permit a 20% relief from setbacks on Belardo and Baristo, which would be similar to existing building setbacks along these streets.

ENVIRONMENTAL ASSESSMENT:

The proposed hotel project is exempt from the California Environmental Quality Act (CEQA), as the proposal meets criteria under CEQA Guideline Sections 15331 (Historic Resource Restoration/Rehabilitation), 15302 (Replacement or Reconstruction) and 15332 (Infill Development).

The hotel project qualifies for exemption under CEQA Guidelines Section 15331, Historic Resource Restoration/Rehabilitation, insofar as the bungalows, stone arch and community church located on the property have been determined to be Class 1 resources of local significance. The rehabilitation and restoration of these structures will repair, stabilize, rehabilitate, conserve and reconstruct the bungalows, stone arch and church building on site, in a manner consistent with the Secretary of the Interior's Standards, as follows:
i. The property will be partially used as it was historically and be given a new use that maximizes the retention of distinctive materials, features, spaces, and spatial relationships. The project involves the reuse of the bungalows as hotel units and adaptive reuse of the church as hotel operations, restaurant and spa uses. ii. The historic character of the bungalows will be retained and preserved. In this case, the eight single-story, rectangularly distributed bungalows surrounding a central pool and courtyard will be preserved. The community church will retain its historic footprint and preserve open space areas that previously existed on this portion of the project site.
iii. The property will be recognized as a physical record of its time, place and use, because the rehabilitation will be undertaken with similar and complementary materials that are consistent with the original materials and character of the historic properties.
iv. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. The bungalows will retain hand troweled stucco, roof tile and awnings that characterize the craftsmanship of the bungalows. The historic stone arch will remain in its current location. The church will retain its historical character, including bell-tower and steeple, orientation to Baristo and Cahuilla Roads, same roof forms/slopes with replaced materials, existing concrete masonry walls, pointed arch door and window openings, wood doors, steel sash windows and French doors, Gothic 19 Item 2D - 61
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Orchid Tree Hotel Project
Revival elements (buttresses and decorative stonework) and courtyard facing west.
v. Deteriorated features of the structures will be repaired or replaced. Where replaced, the materials, finishes and construction techniques will preserve the character of the features.
vi. New additions, including the buildings located to the north and pool cabana within the courtyard, will not destroy or damage the bungalows, stone arch or church structures. The placement of the new construction will not affect the spatial relationship of the bungalows, and the architectural style, material and relationship of the new construction will be compatible with the bungalows, stone arch and community church.
vii. The new construction on the site will occur in such a manner that if they were to be removed, the essential elements of the bungalows - their distribution around a central pool and courtyard - will not be impacted. Similarly, the essential elements of the church site with open air courtyard and orientation towards the streets will not be impacted.

The hotel project qualifies for exemption under CEQA Guidelines Section 15302, Replacement or Reconstruction, as the newly constructed hotel buildings replace commercial structures that previously existed on the site. The new construction on the! site represents the replacement of units previously occurring on the property, but destroyed by fire. Because these units occurred in the past, their reconstruction will not result in any changes in traffic, noise, air quality emissions or other impacts, since the number of units and intensity of use will be similar to that previously occurring.

The hotel project qualifies for exemption under CEQA Guidelines Section 15332, Infill Development, insofar as the project meets the following criteria:
i. The project is generally consistent with the applicable general plan designation and all applicable general plan policies, including
• Land Use Element - Policy LU1 .5: Allow for flexible development standards provided that the potential benefits and merit .of projects can be balanced with potential impacts.
• Land Use Element - Policy LU?.6: Retain small hotel uses as a part of the unique character of Palm Springs.
• Land Use Element - Policy LU10.6: Strengthen the unique sense of place currently present in Downtown by preserving and incorporating cultural and historic uses.
• Community Design Element - Policy CD27.1: Design new structures in architectural styles that reflect the City's diversity and creativity yet are compatible in scale and character with the City's existing buildings and natural surroundings.
• Community Design Element - Policy CD28: 1: Support the preservation of historically, architecturally, or archaeologically significant structures and sites as prescribed by the Historic Preservation Ordinance.
20 Item 2D - 62
City Council Staff Report
May 7, 2020 -- Page 20
Orchid Tree Hotel Project
• Community Design Element - Policy CD28.6: Require that new construction in designated architectural/historical/cultural districts complement the existing historic structures and open space characteristics such that the new construction does not imitate or copy the. style of the historic structures. • Community Design Element - Policy CD28.7: Encourage developers of sites containing a significant architectural, historical or cultural structure to adaptively reuse and expand it, in lieu of demolition and replacement, where financially feasible.

The project is consistent with the "R-3" zoning designation and regulations as outlined in this report.
ii. The development occurs within the city limits on a project site of no more than five acres substantially surrounded by urban uses.
iii. The project site has no value as habitat for endangered, rare or threatened species.
iv. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
v. The site can be adequately served by all required utilities and public services.

The proposed General Plan Amendment is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15061 (b)(3) (that CEQA applies only to projects which have the potential for causing a significant effect on the environment.) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly. The Amendment will result in the roadway being maintained in a manner similar to existing conditions.

NOTIFICATION:

A public hearing notice was published in the local newspaper and mailed to all property owners and registered occupants within a 500-foot radius of the subject property. As of the writing of this report, staff has received three written comments from members of the public; these are included as Attachment 7 to this report.

CONCLUSION:

The proposed project will provide adaptive re-use of long-neglected Class 1 historic sites and revitalize an underutilized block adjacent to downtown. The proposed development will not result in the loss of architectural or historically significant structures, rather it will renovate and repurpose existing structures of importance and provide new structures for a consolidated project. Staff recommends the City Council evaluate the findings, consider concerns expressed by Planning Commission and take the following actions: (1) deny the Variance application; (2) approve the General Plan Amendment, Major Architectural and Conditional Use Permit applications as conditioned in the draft resolutions (Attachment 5); and (3) direct the Applicant to seek 21 Item 2D - 63
City Council Staff Report
May 7, 2020 -- Page 21
Orchid Tree Hotel Project
an Administrative Minor Modification , pursuant to Section 94.06.01 of the Zoning Code, to reduce setbacks (by 20%) along Belardo and Baristo.

Director of Planning Services
David H. Ready, Esq., Ph.D
City Manager
Attachments :

1. Vicinity Map

2. Aerial Map

3. General Plan Amendment Exhibit
Marcus Fuller, P.E., M.P.A., P.L.S.

Assistant City Manager

4. Engineer ing Street Standards - Secondary Thoroughfare & Collector

5. Draft Resolutions

6. Appli cant's Documents :
a. Justification Letter
b. Business Disclosure Statement
c. Variance Findings
d. Parking Analysis
e. Secretary of Interior Analysi s

7. Public Comment Correspondence

8. City Council Resolutions Designating Sites Class 1 Historic

9. New Project Renderings

10. Project Plans

Attachment 10
Item 2D - 64
Item 2D - 65
1/

FREE RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

THE CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Clerk
2021-0725755
12/09/2021 09:12 AM Fee : $ 0 .00

Page 1 of 12 ends

Recorded in Official Records
County of Riverside
Peter Aldana
Assessor-County Clerk-Recorder
1111 ~m~~1ijl~t'l~rfll Ill
!'
(Space Above This Line for Recorder's Office Use Only)
AMENDMENT NO.1 TO AMENDED AND RESTATED OPERATIONS COVENANT AGREEMENT NO. 8449
THIS AMENDMENT NO. 1 TO AMENDED AND RESTATED OPERATIONS COVENANT AGREEMENT NO. 8449 ("Amendment") is made and entered into this I -&T ·. \>1!CC~4. -- day of ~Jo1,101Tieer, L021, by and between on the one hand, NEW CHURCH 11, LLC, a Nevada limited liability company, and CAHUILLA CHURCH, LLC, a Nevada limited liability company, (collectively, "Owner"); and, on the other hand, the CITY OF PALM SPRINGS, a California municipal corporation and charter city ("City").

RECITALS:

A. WHEREAS, Owner and City previously entered into that certain Amended and Restated Operations Covenant Agreement No. 8449 dated as of January 13, 2020 ("Agreement") pursuant to which City agreed to provide certain financial incentives to Owner's proposed hotel development, provided that Owner meets specified conditions including meeting milestone dates relating to predevelopment and development of the hotel as set forth in Exhibit "C" to the Agreement ("Schedule of Performance");
B. WHEREAS, the worldwide Covid-19 pandemic and governmental and private sector responses thereto have negatively impacted the hospitality industry, hotel development and the hotel lending market;
C. WHEREAS, based on the circumstances described in Recital B above, Owner has made a claim for force majeure extensions of the Schedule of Performance. However, the City has disputed some aspects of the Owner's claim and has raised concerns concerning the condition of Owner's hotel site, which has remained vacant for several years pending commencement of construction;
D. AND WHEREAS, City and Owner desire to resolve their dispute and provide for adjusted milestones for the development of the Project, on the terms and conditions set forth in this Amendment;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Owner hereby agree and amend the Agreement as set forth below.
1 55575.10035\34474404.5
Item 2D - 66

1. Defined Terms. Unless otherwise defined herein, defined terms used in this Amendment shall have the meanings assigned to them in the Agreement.

2. Amended Schedule of Performance. Exhibit "C" to the Agreement is hereby replaced with the revised Exhibit "C", attached to this Amendment and incorporated herein by this reference.
a. With respect to Milestone# 5 (Demolition of non-historic structures), Owner shall not lose any non-conforming rights that Owner has in the property with regard to floor area ratio, lot coverage, or unit count, as a result of the demolition called for by this Agreement. The provisions of this subparagraph will survive the termination of this Agreement. b. With respect to Milestone # 7 (Submission of Application to Extend Entitlements), in connection with the Palm Springs Zoning Code's requirement for extensions of time for entitlements, City agrees that Owner's strict compliance with the milestones in this Agreement shall constitute evidence of good faith efforts toward the exercise of Owner's entitlements, which Owner may submit to the Planning Commission, and, if appealed, to the City Council.

3. Modifications to Force Maieure. Provisions of the Agreement pertaining to Force Majeure and Excusable Delay shall remain as set forth in the Agreement, except as follows:
a. Notwithstanding any other provision of the Agreement or this Amendment, Owner shall not be entitled to any further extension of Milestones #1 though #10, inclusive (as set forth in Exhibit "C") because of any direct or indirect impact of the Covid-19 pandemic, including, but not limited to, the following direct or indirect impacts such of the Covid-19 pandemic: (i) reduction in business and leisure travel; (ii) reduced profitability of hotels; (iii) constriction of the lending market for new hotels; or (iv) unavailability of construction financing for the Revised Luxury Hotel Project. b. No later than the date set forth as Milestone #8 (feasibility report), Owner shall, at Owner's sole cost and expense, commission a written report by a nationally recognized firm that is mutually agreed upon by Owner and City in order to assess whether or not market conditions would reasonably preclude proceeding with the financing and construction of the Project despite Owner's best efforts, given all of the various factors existing at that time, including, without limitation, the forecast for relevant hospitality market demand, the hotel lending market, and Owner's financial condition and borrowing capacity. In the event the feasibility report determines that it is not economically feasible to construct and operate the Project despite Owner's best efforts, Owner may (but shall not be required to) provide City with the report in order to rely on such report as prima facie evidence of a Force Majeure event, as set forth in Section 7 .16 of the Agreement, with 2 55575. l 0035\34474404.5
Item 2D - 67
respect to Milestone #11 ( construction loan approval/ construction contract) or #12 (commencement of construction). In the event that Owner chooses to invoke Owner's Force Majeure with respect to Milestone #11 or #12, or both, and such Force Majeure extends one or more mile date(s) by 365 days, then either Party shall have the right, but not the obligation, to terminate the Agreement, without any liability of any kind.

4. Maintenance of Vacant Site Prior to Construction. Owner shall use reasonably diligent efforts to maintain the vacant site (prior to start of construction) in a clean and attractive condition. Without limiting the nature of the foregoing, Owner shall implement the practices set forth in Exhibit "D", attached hereto and incorporated by reference herein as part of the Agreement.

5. Typographical Correction. To correct a typographical error in the Agreement, the phrase "reasonably require more than sixty days to cure" which appears in Sections 7.10, 7.10.1 and 7.11 of the Agreement is changed to state "reasonably require more than thirty (30) days to cure".

6. Mutual Withdrawal of Notices of Default: Estoppel and Good Standing. The Parties hereby rescind and cancel any notices of default they may have issued pursuant to the Agreement prior to the date of this Amendment. The Parties hereby represent and warrant to each other and to Owner's current and prospective lenders, partners, investors and hotel operator (collectively, "Hotel Participants") that: (i) the Amended Agreement is in full force and effect and has not been modified other than by the terms of the Amendment; and (ii) each of the Parties is in good standing under the Amended Agreement and there is neither any default under the Amended Agreement ("Existing Default") nor any act or omission occurring prior to the date of this Amendment that would be a default if properly asserted in a notice of default and not cured within the cure period applicable under the Amended Agreement ("Pending Default").

7. Withdrawal by City of Code Violation Notice. City hereby rescinds and cancels its Notice of Violation dated July 15, 2021 concerning Owner's hotel site, and Owner hereby rescinds and cancels its appeal therefrom dated July 19, 2021.

8. Withdrawal by Owner of Public Records Request. Owner hereby rescinds and cancels its Public Records Act request to the City dated July 19, 2021.

9. Mutual Release. Each of the Parties hereby fully releases and forever discharges the other Parties from any and all claims, defaults (including but not limited to Existing Defaults and Pending Defaults), code violations existing as of the execution of this Amendment, demands, actions and causes of action (collectively, "Claims") which any Party may have against another Party, arising out of, or in any way related to the Agreement or the hotel development site described therein. This 3 55575.10035\34474404.5
Item 2D - 68
section shall operate as a full and final settlement, compromise, and resolution of any and all such past or present Claims. Accordingly, except as provided herein:
(A) Each Party specifically waives the provision of section 1542 of the Civil Code of the State of California which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
(B) Each Party represents and warrants that it understands the effect of this waiver of section 1542 and has had the opportunity to discuss the effect of this waiver with counsel of its choice.

10. No Other Amendment. Except for the changes set forth above in this Amendment, the Agreement remains unmodified and in full force and effect.

IN WITNESS WHEREOF, the City and Owner have executed this Amendment by duly authorized representatives on the date first written hereinabove. [SIGNATURES ON FOLLOWING PAGE]
4 55575.10035\34474404.5
Item 2D - 69

SIGNATURE PAGE
TO
AMENDMENT NO. 1 TO AMENDED AND RESTATED OPERATIONS COVENANT AGREEMENT NO. 8449
"CITY"

THE CITY OF PALM SPRINGS,
a California municipal corporation,
and charter city
APPROVED AS TO FORM:
~~~t~ey
Title: 1 1\t\s)-e,-e. \ O'tJ'f P T \1-lc,\- p._5:,
\f\.\ ()...(\flSl < o~ L\Q..~c \OW) L-LL
I..\--S tv\, <t.v\Cl S,{ r
55575.10035\34474404.5
5 CAHUILLA CHUR~~;it:'z:::
a Nevada limited!~ ~//
/ //·/ /
By: ~ -
./ 7
Name: R,ctoa rd \t,lei n:\:v:ZULb
Title: &cu s\-e.t\ DN':\ ~ T;,-11 <)- ) Cl>
Ma._ np__ <:~~t r of Lfe_A-C... lDOO) L-L C J
\ \ s \v\a._v-,cts-e r
Item 2D - 70
REVISED EXHIBIT "C"

PERFORMANCE SCHEDULE

MILESTONE DATE
#1
#2
#3
#4
#5
#6
Within 2 days following full
execution of this Amendment
No. 1
Within 2 days following full
execution of this Amendment
No. 1
December 1 , 2021
December 1, 2021
90 days following issuance of
demolition permit
February 1, 2022
1 See Section 2(a) of the Agreement, above.
55575. 10035\34474404.5

ACTIVITY
Owner to provide City with evidence
of its architects resuming work on
construction plans following the
Covid-19 hiatus. This evidence will
include a copy of the signed
authorization to proceed with
completion of the plans consistent
with the submittal date below.

Owner's architect(s) shall certify to
the City that the construction plans
are at least 30% complete, as
measured consistent with industry
standards.

Owner to submit a plar:i to the
Development Services Director to
protect and preserve the historic
buildings and structures (including but
not limited to buildings 8-1 through B-
8, R, and historic arch structure
adjacent to building A, as depicted on
drawing A-0.1, dated April 9, 2020) in
order to accomplish Milestone #5,
below (demolition of non-historic
structures)
Owner to install fencing/screening, in
a manner acceptable to the
Development Services Director.

Owner to demolish buildings A, B-9
through B-11, C, D, E, G, H, I, J, K, M,
and 0, as depicted on drawing A-0.1,
date April 9, 2020.1 Owner will apply
for the demolition permit by January
5, 2022.

Owner to demonstrate substantial
progress made on construction plans
subsequent to the date of this
Amendment. "Substantial progress"
means certification by the architect to
Item 2D - 71
the City that the construction plans
are at least 60% complete, as
measured consistent with industry
standards.
#7 March 1, 2022 Submit application to extend
entitlements.2
#8 Owner shall commission a feasibility
April 15, 2022 report by a nationally recognized firm,
mutually aqreed to by City and Owner
Submit substantially complete
#9 construction documents and
application for building permit. For
purposes of this Milestone,
June 15, 2022 "substantially complete" shall mean
certification by the architect that the
primary aspects of the construction
plans (i.e., structural, mechanical) are
at least 80% compete, as measured
consistent with industry standards ..

Obtain City approval of construction
#10 October 15, 2022 documents. City shall process the
plans diliqently and in qood faith.

Obtain approval for a construction
#11 December 15, 2022 loan to finance construction of the Project, and enter into a construction
contract to develop the Project
Pay for and obtain all required
#12 January 15, 2023 building permits, and commence
construction of the Revised Luxury
Hotel Project
February 15, 2025 Substantially complete construction
#13 of the Revised Luxury Hotel Project
June 15, 2025 Open the Revised Luxury Hotel
#14 Project
2 See Section 2(b) of the Agreement, above.
55575.10035\34474404 .5
Item 2D - 72
REVISED EXHIBIT "D"
M~NTENANCEPROGRAM
Remove all dead vegetation, including dead trees and bushes Provide daily on-site, in-person security 7:00 p.m. through 7:00 a.m., plus daily maintenance check and trash collection. Such security shall be licensed in accordance with the Private Security Services Act (Bus. & Prof. Code, 7580 et seq.) The property shall be secured with perimeter fencing/screening as approved by the City's Development Services Director. Such fencing/screening must be maintained in a clean and presentable fashion, and graffiti shall be removed within 48 hours of notification to Owner. If the fencing/screening becomes faded, Owner shall replace or re-surface the fencing/screening, so as to not be faded.

Keep the site clear of trash, debris, and branches/palm fronds, whether on the ground or on rooftops of buildings.

Post "No trespassing" signage at intervals no more than 150' apart. The signage must reference Penal Code Section 602(1). The property shall also contain signage that indicates the property is under video surveillance. Each side of the property shall also display a sign, which provides management contact information. The property shall be posted with the name and 24-hour contact phone number of the local property management company and security company. The posting shall be no less than 18" X 24", shall be of a font that is legible from a distance of forty-five (45) feet, and shall contain the following verbiage: "THIS PROPERTY MANAGED BY ____ " and "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)".

There shall be at least two designated entry points on the Cahuilla and Belardo sides of the property and at least one on the Baristo side. Designated entry points to the property shall be locked. Access keys/codes shall be made available to law enforcement and fire personnel by means of Knox Box security containers keyed to match the keys utilized by Palm Springs Fire and Palm Springs Police personnel. The security boxes shall be marked with reflective tape.

All structures on said property shall be secure from access by trespassers. Any breach or attempted breach to a structure and/or perimeter fence shall be repaired to the City's satisfaction within two (2) business days.

Install lighting at pedestrian access points. Lighting activated by motion sensors shall be installed along walkways of the property and other areas designated by the Chief of Police or his designee. All lighting shall comply with section 93.21.00 of the Palm Springs Zoning Code (PSZC).
55575.10035\34474404.5
Item 2D - 73
Install and maintain a video surveillance system as approved by the Chief of Police or the Chief's designee. Use of the surveillance system shall provide twenty-four (24) hour coverage of the property in the form of video and/or still images triggered by motion. Any data captured on the remote cameras shall be evaluated weekly by Owner. In the event there is evidence of a trespass or damage caused by an unknown party, the surveillance footage will be evaluated. This system shall, at a minimum, monitor any points of ingress or egress through the property as well as any large open space areas, the back sides of buildings and the narrow alleys and spaces between the buildings. Images captured by this surveillance system shall be maintained for a period of no less than thirty (30) d.

Copies of footage shall be made available to the Chief of Police or his designee no later than two (2) business days after a request for the footage is made.

The property landscape shall be maintained in compliance with PSZC section 93.19.00, subsection 1, and with PSMC section 11. 72.170(b )( 1 ), both of which read as follows - All properties, including vacant properties, shall be kept free of trash, building materials or the storage of other goods which are visible from the street or adjacent properties.

Properties shall also be kept free of excessive vegetative undergrowth.

At such time as the property is sold or otherwise changes, management and the person named below is no longer responsible for the property, they shall notify the City immediately.
55575.10035\34474404.5
Item 2D - 74

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validitv of that document
State of California 1 County of Los Ange es )
onlJ O])J f'Y' ~ ✓ ~01 41)2 J before me, Michael AJexander cardenas,Notary Public (insert name and title of the officer}
personally appeared ___ R ____ tt-__ ~:.... f.h.,__ tt.._:-, ___ ✓ ....__fM_w ___ , _V7_<tv;~-'"" ........ ----------- who proved to me on the basis of satisfactory evidence to be the p~n{at'whose nam subscribed to the within instrument and acknowledged to me that W~ executed the same in ~ authorized capacity(ie&r.and that by~er/Jleif signature.{;i}<m the instrument the person'8).or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENAL TY OF PERJURY under the laws of the State of Cslifomia that the foregoing paragraph is true and correct.

WITNES
Item 2D - 75

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached. and not the truthfulness, accuracy, or
validitv of that document
State of California Lo 1 County of s Ange es )
befora me, Michael Alexander cardenas.,.Notary Public
(insert name and title of the officer)
personally appeared h [J) --f C V\ (11 ,
who proved to me on the basis of satisfactory evidence to be the person whose nam is•hm-- subscribed to the within instrument and acknowl~ to me ~Y executed the same ;n ~ authorized capacity~. and that by~er/tj:leir signature.(s)-on the instrument the personJsr. or the entity upon behalf of which the person~ acted, executed the instrument I certify under PENAL TY OF PERJURY under the laws of the State of Cslifomia that the foregoing paragraph is true and correct.

Signatu (Seal)
Item 2D - 76
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On this ~ day of Dtc"t.M8tX. , 2oz I before me, UDN I (xU£ M · L.6YW-t:,l.( Notary Public, personally appeared , l IA':>f IN Cl.1 F1"0N , who proved to me on the basis of satisfactory evidence to be the person~ whose name~ @are subscribed to the within instrument and acknowledged to me that@'she/they executed the same in ~/her/their authorized capacity~ and that b~er/their signaturei)j on the instrument the person~ or the entity upon behalf of which the person'ts) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
~A~yo. Signature: ___ ~-------.----------- (Seal)
55575 . 10035\34474404 .5
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Item 2D - 77

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Standard No.1
A property will be used as It was historically or be given a new use that requites minimal change to it's distinctive materials, features, spaces, and spatial relationships.

Standard No. 2
The historic character of a property will be retained and preserved. The removal of distinctive materials or alteration of features, spaces, and spatial relationships that characterize a property will be avoided.

The project restores fire damaged areas utilizing materials which will match existing materials in color, texture, size and proportion. Fenestration and exterior materials, will for the most part be reserved and rehabilitated through a seismic retrofit. Adaptive reuse will result in changes in the former church and assembly halls and classroom space.

Standard No. 5
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

In conformance with Standard 5, the proposed project is designed to take on a restoration approach to specific project components. An appropriate example of this can be seen with the restoration of the bungalow complex. Where historic features such as chimneys, windows, etc. have been altered or removed the applicant will reconstruct these elements based on existing physical evidence and historical photographs. &21',7,2162)$33529$/)25
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Standard No. 6
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of distinctive feature, the new feature will match the old in design, color, texture, and where possible, materials and replacement of missing features will be substantiated by documentary and physical evidence.

Historic materials will be retained where feasible. Historic doors and windows within the Community Church will be retained and rehabilitated as well.

Standard No. 7
Chemical and physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments That cause damage to materials will not be used.

The project proposes is respectful of existing conditions and will not utilize chemicals that may be harmful to the existing built environment.

Standard No. 8
Archaeological resources will be preserved. If such resources must be distributed, mitigation measures will be undertaken.

Standard is noted and both City as well as State regulations will be utilized during the course of construction.

Standard No. 9
New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize a property. The new work will be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportions, and massing to protect the integrity of the property and Its environment.

The project proposes to comply with this standard by utilizing materials and construction techniques which repair the running systems, cleans and restores decorative features and will be compatible with building's historical architectural features without creating a false sense of history. Any cuts into the building will conform to and respect existing openings.

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1. Church building shall not be painted.

2. Salvageable roof tiles from demolished bungalows to be retained for roof repairs and blending of existing historic bungalows.

3. Unpainted surfaces on the exterior of the church are not to be painted. Proper techniques for cleaning the limestone and other exterior surfaces of the church shall be implemented that are consistent with the SOI standards.

4. The stone arch is to be temporarily supported as necessary and protected in place throughout the demolition and construction process to avoid any damage to the structure.

5. All chemical and physical treatments of the existing exte rior surfaces of the historic building shall be done using the gentlest means possible.
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1. Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved. The bungalows will retain hand troweled stucco, roof tile and awnings that characterize the craftsmanship of the bungalows. The stone arch will be relocated on-site by a stone specialist, under the supervision of a qualified consultant meeting the Secretary of Interior’s Professional Qualifications Standards in Architectural History or Historic Architecture, to ensure its distinctive craftsmanship is preserved. The church will retain its historical character, including bell-tower and steeple, orientation to Baristo and Cahuilla Roads, same roof forms/slopes with replaced materials, existing concrete masonry walls, pointed arch door and window openings, wood doors, steel sash windows and French doors, Gothic Revival elements (buttresses and decorative stonework) and courtyard facing west.

2. Deteriorated features of the structures will be repaired or replaced. Where replaced, the materials, finishes and construction techniques will preserve the character of the features.

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CHURCH - TOWER L
80' - 7"

CHURCH - TOWER STEEPLE
84' - 4"
CHURCH 52.58' GROUND
52' - 7"
CHURCH 63'-9"- LEVEL 2
63' - 9"
CHURCH 73'-0"- L2 ROOF
73' - 0"
31' - 9"
3' - 9" 7' - 7" 9' - 3" 11' - 2"

R1 R2 R3 R6
3 A218m
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3 A218n
6 A218m

BUILDING R BUILDING R

CHURCH - TOWER L
80' - 7"

CHURCH - TOWER STEEPLE
84' - 4"
CHURCH 52.58' GROUND
52' - 7"
CHURCH 63'-9"- LEVEL 2
63' - 9"
CHURCH 73'-0"- L2 ROOF
73' - 0"
R4 R5R1.1 R7 R8 R9 R10 R11 R12 R13R5.1 R5.2 R5.4 R5.6 R5.8 R5.9

Standards for Rehabilitation
Standard No.1
A property will be used as It was historically or be given a new use that requites minimal change to it's distinctive materials, features, spaces, and spatial relationships.

Standard No. 5
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Historic materials will be retained where feasible. Historic doors and windows within the Community Church will be retained and rehabilitated as well.

Standard No. 7
Chemical and physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments That cause damage to materials will not be used.

The project proposes is respectful of existing conditions and will not utilize chemicals that may be harmful to the existing built environment.

Standard No. 8
Archaeological resources will be preserved. If such resources must be distributed, mitigation measures will be undertaken.

Standard is noted and both City as well as State regulations will be utilized during the course of construction.

3ODQQLQJ'HSDUWPHQW&RQGLWLRQV

1. Church building shall not be painted.

2. Salvageable roof tiles from demolished bungalows to be retained for roof repairs and blending of existing historic bungalows.

4. The stone arch is to be temporarily supported as necessary and protected in place throughout the demolition and construction process to avoid any damage to the structure.

5. All chemical and physical treatments of the existing exte rior surfaces of the historic building shall be done using the gentlest means possible.
6HFUHWDU\RI,QWHULRU
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2. Deteriorated features of the structures will be repaired or replaced. Where replaced, the materials, finishes and construction techniques will preserve the character of the features.

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CHURCH - TOWER L
80' - 7"

CHURCH - TOWER STEEPLE
84' - 4"
CHURCH 52.58' GROUND
52' - 7"
CHURCH 63'-9"- LEVEL 2
63' - 9"
CHURCH 73'-0"- L2 ROOF
73' - 0"
RA RB RC RD RE RF RG RHRE.1 RF.9

BUILDING R BUILDING R

CHURCH - TOWER L
80' - 7"

CHURCH - TOWER STEEPLE
84' - 4"
CHURCH 52.58' GROUND
52' - 7"
CHURCH 63'-9"- LEVEL 2
63' - 9"
CHURCH 73'-0"- L2 ROOF
73' - 0"
11' - 2"9' - 3"7' - 7"3' - 9"
31' - 9"
RA RB RC RD RE RF RG RH RJRE.1 RF.9
1 A218m
1 A218n
4 A218n
Standards for Rehabilitation
Standard No.1
A property will be used as It was historically or be given a new use that requites minimal change to it's distinctive materials, features, spaces, and spatial relationships.

Standard No. 5
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Historic materials will be retained where feasible. Historic doors and windows within the Community Church will be retained and rehabilitated as well.

Standard No. 7
Chemical and physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments That cause damage to materials will not be used.

The project proposes is respectful of existing conditions and will not utilize chemicals that may be harmful to the existing built environment.

Standard No. 8
Archaeological resources will be preserved. If such resources must be distributed, mitigation measures will be undertaken.

Standard is noted and both City as well as State regulations will be utilized during the course of construction.

3ODQQLQJ'HSDUWPHQW&RQGLWLRQV

1. Church building shall not be painted.

2. Salvageable roof tiles from demolished bungalows to be retained for roof repairs and blending of existing historic bungalows.

4. The stone arch is to be temporarily supported as necessary and protected in place throughout the demolition and construction process to avoid any damage to the structure.

5. All chemical and physical treatments of the existing exte rior surfaces of the historic building shall be done using the gentlest means possible.
6HFUHWDU\RI,QWHULRU
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2. Deteriorated features of the structures will be repaired or replaced. Where replaced, the materials, finishes and construction techniques will preserve the character of the features.

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80' - 7"

CHURCH - TOWER STEEPLE
84' - 4"
5 A216a
CHURCH 52.58' GROUND
52' - 7"
CHURCH 63'-9"- LEVEL 2
63' - 9"
CHURCH 73'-0"- L2 ROOF
73' - 0"
11' - 2"9' - 3"7' - 7"3' - 9"
31' - 9"
R1R2R3R6
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R4R5 R1.1R7R8R9R10R11R12R13 R5.1R5.2R5.4R5.6R5.8R5.9
4 A218m
3 A218n
6 A218m

BUILDING R BUILDING R

CHURCH - TOWER L
80' - 7"

CHURCH - TOWER STEEPLE
84' - 4"
CHURCH 52.58' GROUND
52' - 7"
CHURCH 63'-9"- LEVEL 2
63' - 9"
CHURCH 73'-0"- L2 ROOF
73' - 0"
R4R5 R1.1R7R8R9R10R11R12R13 R5.1R5.2R5.4R5.6R5.8R5.9

Standards for Rehabilitation
Standard No.1
A property will be used as It was historically or be given a new use that requites minimal change to it's distinctive materials, features, spaces, and spatial relationships.

Standard No. 5
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.

Historic materials will be retained where feasible. Historic doors and windows within the Community Church will be retained and rehabilitated as well.

Standard No. 7
Chemical and physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments That cause damage to materials will not be used.

The project proposes is respectful of existing conditions and will not utilize chemicals that may be harmful to the existing built environment.

Standard No. 8
Archaeological resources will be preserved. If such resources must be distributed, mitigation measures will be undertaken.

Standard is noted and both City as well as State regulations will be utilized during the course of construction.

3ODQQLQJ'HSDUWPHQW&RQGLWLRQV

1. Church building shall not be painted.

2. Salvageable roof tiles from demolished bungalows to be retained for roof repairs and blending of existing historic bungalows.

4. The stone arch is to be temporarily supported as necessary and protected in place throughout the demolition and construction process to avoid any damage to the structure.

5. All chemical and physical treatments of the existing exte rior surfaces of the historic building shall be done using the gentlest means possible.
6HFUHWDU\RI,QWHULRU
V6WDQGDUGV

2. Deteriorated features of the structures will be repaired or replaced. Where replaced, the materials, finishes and construction techniques will preserve the character of the features.

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BUILDING F N
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CITY COUNCIL STAFF REPORT
09/01/2022 3. A.

City Clerk -

SUBJECT

SELECTION OF ARTIST FOR ACRISURE ARENA MURAL PROJECT
RECOMMENDATION:

Select an artist to paint the Palm Springs mural inside Acrisure Arena.1.

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

Attachments
Item 3A

CITY COUNCIL STAFF REPORT
DAT
E: SEPTEMBER 1, 2022 BUSINESS & LEGISLATIVE
SUBJECT: SELECTION OF ARTIST FOR ACRISURE ARENA MURAL PROJECT FROM: Justin Clifton, City Manager
BY: Community & Economic Development
SUMMARY:

Ac
risure Arena and Flat Black Art Supply are partnering to create nine murals inside the Acrisure Arena Ice Plex (Arena). Each of the nine murals will represent one of the nine Coachella Valley cities. This is a request to have City Council select an artist to paint the mural for the City of Palm Springs at the Arena.

RECOMMENDATION:
1) Sel
ect an artist to paint the Palm Springs mural inside Acrisure Arena. 2) Authorize the City Manager or their designee to execute all necessary documents.

BACKGROUND:

The A
rena is currently under construction in the unincorporated community of Thousand Palms. When complete it will be a 10,000- seat indoor arena and home to the new American Hockey League team the Coachella Valley Firebirds and as a venue for various musical performances. Acrisure estimates that 200,000 guests will attend events at the Arena and the murals will be visible from multiple levels. The Acrisure proposal for city- sponsored murals is provided as Attachment A.

STAFF ANALYSIS:

A City
sponsorship of $10,000 will be required to include a mural for the City of Palm Springs. The sponsorship will be paid under the City Manager’s authority using General Fund resources budgeted for Grants and Sponsorships. The sponsorship fee would not be an eligible use of Public Art Funds as the artwork will not be accessible to the public for the required minimum 12-hours per day.

Item 3A - 1
City Council Staff Report
September 1, 2022 -- Page 2
Acrisure Arena Artist Selection
The sponsorship fee includes:
• Curation and creation of all artworks
• Installation and insurance requirements
• Artist recognition plaques and large format signage highlighting the collection and each desert city
• 1,000 oversized postcards representing each mural
• Invitations for 10 guests to attend Reveal party
• Acrisure Arena Website highlights and features in Arena newsletter • Inclusion in Arena opening PR campaign
Each of the city murals will be 10’ wide x 20’ high and will be featured at the Arena for a minimum of three years. Both the City and artist social handles will be featured. Acrisure has selected Flat Black Art Supply to assist with this project by helping cities select artists, with review and approval of the final mural by Acrisure, and to work with the artists in having the murals placed in the Arena.

The project timeline spans from mid- August to January 2023. Staff is request ing City Council select an artist at the September 1, 2022, City Council meeting. The artist will then prepare a variety of mural mock-ups from which the City Council may select for the Arena during the September 29, 2022, City Counci l meeting . Because of the timing constraints the Arena is working within, and because the Public Arts Commission does not meet again until after September 1, the City Council is being asked at this time to select an artist to complete the City’s mural.

The mural selected by the City Council will be reviewed by Flat Black and Acrisure, with final approval by October 17 and mural painting will take place during the month of November 2022. Plaque and signage installation, and mural touch ups, will be done during the first week of December 2022, and the opening celebration and mural unveiling will be held on January 4, 2023.

Flat Black Art Supply has identified three local artists for the City to consider for creating the Palm Springs mural in the Arena. They are as follows:

1. Zach JF Boyles – Artist and Art Educator living in the Coachella Valley. B.A. in Art Practice from the University of California, Berkeley and worked at the Palm Springs Art Museum for 8 years managing school and outreach programs for students in grades K -12. Teaches printmaking and manages youth educational programs at CREATE Center for the Arts in Palm Desert. The artist’s website can be viewed at zackjfboyles.com
.

2. Autumn Martino – Autumn Martino is a local artist, born and raised in the Coachella Valley. Her art has been published in books, put on display in galleries and art shows around California, and at the Palm Springs Art Museum. Martino is an alumna of Palm Desert High School where she received a Diploma, an Item 3A - 2
City Council Staff Report
September 1, 2022 -- Page 3
Acrisure Arena Artist Selection
associate degree from College of the Desert, and finally a bachelor’s degree in Liberal Studies with a Concentration in Art from Cal State San Bernardino Palm Desert. Martino explores all outlets of art, but mostly focuses on painting ranging from oil, acrylic, spray paint, watercolor, caricatures , face painting, and murals.

The artist’s website can be viewed at https://artworkbyautumn.webs.com/apps/photos/

3. Alex Pesante – A Palm Springs resident well known for his work at international mural festivals ; co nsidered to be a well -rounded artist that specializes in large scale murals.

Addi
tional background information and samples of each artists’ work is provided in Attachment B.

ENVIRONMENTAL ASSESSMENT:

The r
equested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Thi
s action is consistent with Good Governance, 4B Improve Communications.

FISCAL IMPACT:

A $
10,000 sponsorship will cover the costs of the artist fee and mural supplies. Funds are available in the current fiscal year Grants and Sponsorship Budget.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Justin Clifton
ATTACHMENTS:

A. Ac
risure Proposal
B. Artist Background and Samples
Item 3A - 3

ATTACHMENT A

Item 3A - 4
#TheDesertNine Proposal
Item 3A - 5
#TheDesertNine
In partnership with nine desert cities, and local mural curator, Flat Black Art Supply, create nine murals in the Arena Iceplex by local artists that celebrate Coachella Valley. Showcased along the massive Iceplex walls, each mural will be 10’w x 20’h.

Premium Level: Iceplex
Item 3A - 6
3 #TheDesertNine
Bold colors, iconic settings and whimsical interpretations of desert landscapes will serve as the perfect Instagrammable background highlighting the unique qualities of each city. Both City and artist social handles will be featured, and each mural will feature a connective graphic thread.

Item 3A - 7
4 #TheDesertNine
Nearly 1M guests take part
#TheDesertNine
With over 200k guests* frequenting the Iceplex annually, the murals* can be seen from multiple levels, and will take visitors and locals on a visual journey across our Valley.

Acrisure Arena will provide the overarching theme for the murals which will celebrate unity and diversity of our remarkable landscape and culture. Cities will collaborate with Flat Black Art Supply and Acrisure Arena to select artists for the project and Acrisure Arena will approve final artwork.

The murals will be featured at the Arena for a minimum of three years.

Item 3A - 8
-- -=
City Sponsorship: $10,000
Sponsorship (paid to Flat Black Art Supply) includes:
• Curation and creation of all artwork
• Installation and insurance requirements (provided by Flat Black Art Supply) • Artist recognition plaques and large format signage highlighting the collection and each desert city produced by Ac risure Arena • 1,000 oversized postcards representing each mural produced by Ac risure Arena • Invitations for up to 10 guests to attend #TheDesertNine Reveal party (produced by Ac risure Arena) • Acrisure A rena Website highlight, minimum one post and story via social channels @AcrisureArena, and feature in Arena enewsletter • Inclusion in Arena opening PR campaign, distributed nationally. 5 Item 3A - 9
August 15 - 26
• Artists selected and approved by each city, with support from F
lat Black Art Supply and Acrisure Arena
August 29 – September 16
• Conceptual mural designs submitted to Flat Black Art Supply.

September 19 – October 1
• Flat Black Art Supply submits mural concepts to each City and Ac
risure Arena for review/approval.
6 October 3 – October 17
• Mural concepts approved
November 1 – 30
• Mural painting
December 1 – 9
• Plaque/signage installation, touch-ups
January 4
• Opening Celebration and Mural Unveiling
Timeline
Item 3A - 10

ATTACHMENT B

Item 3A - 11
Zach JF Boyles
My name is Zachary James Fleming-Boyles. I am an Artist and Art Educator living in the Coachella Valley. I have a B.A. in Art Practice from the University of California, Berkeley and worked at the Palm Springs Art Museum for 8 years managing school and outreach programs for students in grades K-12. I currently teach printmaking and manage youth educational programs at CREATE Center for the Arts in Palm Desert.

Website: zackjfboyles.com
Item 3A - 12

Item 3A - 13
Autumn Martino
Autumn Martino is a local artist, born and raised in the Coachella Valley. It was apparent at a young age that she had an artistic side, and has been developing the artistic fire ever since.

Autumn's first recognition was in 6th grade when she won her first art contest for the City of Palm Desert.

Since then, her art has been published in books, put on display in galleries and art shows around California, and at the Palm Springs Art Museum.

Autumn's art has provided her many scholarships and awards to help fuel her academic studies. Martino is an Alumni of Palm Desert High School where she received a Diploma, an Associate's Degree from College of the Desert, and finally a Bachelor's Degree in Liberal Studies with a Concentration in Art from Cal State San Bernardino Palm Desert.

Autumn explores all outlets of art, but mostly focuses on painting. Ranging from oil, acrylic, spray paint, watercolor, caricatures, face painting, and murals. Martino's professional painting experience began in 2012, and transitioned to murals in 2021. Since 2021, she has completed 3 large murals. The first mural was a temporary Social Media Wall located inside Agua Caliente Rancho Mirage, which was displayed for 9 months. The second is a permanent outdoor mural honoring the Veterans of the Vietnam War for the City of Coachella. The third is a large indoor mural of Palm Trees for a private residence in Indian Wells.

Autumn's art is inspired by the beauty and culture of the desert. She uses vibrant color and organic form to create a unique style classified as Figurative Expressionism. "Creating art allows me to capture the feeling of beauty and joy. Murals are a wonderful way to allow everyone to view and participate in art. Especially in these unprecedented times, it is so important to bring joy and hope to humanity."
Website: https://artworkbyautumn.webs.com/apps/photos/
Item 3A - 14

Item 3A - 15
Item 3A - 16
Item 3A - 17
Item 3A - 18
Alex Pesante
Alex Pesante is a Palm Springs resident. Well known for his work at international mural festivals. Very well rounded artist that specializes in large scale murals.

Item 3A - 19
Item 3A - 20
Item 3A - 21

CITY COUNCIL STAFF REPORT
09/01/2022 3. B.

City Clerk -

SUBJECT

LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM SPRINGS

UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS, THROUGH ITS

POLICE DEPARTMENT, FOR SCHOOL RESOURCE OFFICER SERVICES RECOMMENDATION:

Approve an agreement between the Palm Springs Unified School District and the City of Palm Springs to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for two years, expiring at the end of the 2023/2024 school year.

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

Attachments
Item 3B

CITY COUNCIL STAFF REPORT

DATE: S EPTEMBER 1, 2022 BUSINESS & LEGISLATIVE

SUBJECT: LAW ENFORCEMENT SERVICES AGREEMENT BETWEEN PALM

SPRINGS UNIFIED SCHOOL DISTRICT AND CITY OF PALM SPRINGS ,

THROUGH ITS POLICE DEPARTMENT , FOR SCHOOL RESOURCE

OFFICER SERVICES

FROM: Justin Clifton, City Manager

BY: Police Department

SUMMARY:

At the September 14, 2021 Palm Springs City Council meeting, Council approved an agreement between the Palm Springs Unified School District (PSUSD) and the City of Palm Springs for law enforcement services from the Palm Springs Police Department for a full-time School Resource Officer (SRO) on the campus of Palm Springs High School and Desert Learning Academy. Council provided direction that future SRO agreements be agendized as discussion items to ensure there is ample opportunity for Council to discuss relevant SRO activity and the merits and implications of continued SRO involvement on campus. Staff is recommending City Council approve the proposed two- year agreement with PSUSD. Per the agreement, the SRO will provide law enforcement services for the 2022 /2023 and 2023/2024 school years and PSUSD will reimburse the full costs of the services provided.

RECOMMENDATION:

1) Approve an agreement between the Palm Springs Unified School District and the City of Palm Springs to provide a full-time police officer (School Resource Officer) on the campus of Palm Springs High School and Desert Learning Academy for two years, expiring at the end of the 2023/2024 school year.

2) Authorize the City Manager to execute all necessary documents.

BACKGROUND:

For many years, the City of Palm Springs has entered into an annual agreement with the Palm Springs Unified School District to provide a full -time police officer, referred to as a School Resource Officer, on the campus of Palm Springs High School.

Item 3B - 1
City Council Staff Report
September 1, 2022 – Page 2
PSUSD Law Enforcement Services Agreement

In 2020, the Palm Springs Unified School District began discussions on how to incorporate the SRO into a broader, more comprehensive approach to addressing student health, wellness, and safety. PSUSD more clearly defined the roles, responsibilities, expectations, and selection process for SROs , and hired mental health specialists and social workers as part of this collaboration. During the 2021/2022 school year, PSUSD worked to establish metrics to assist in measuring the success of the ir expanded programs to support the student body, including the role the SRO plays on campus .

During the 2021/2022 school year, PSUSD distributed a survey to students, parents, and staff. The survey sought, in part, opinions from these stakeholders about the SRO program on campus. The feedback about the program was overwhelmingly positive.

STAFF ANALYSIS:

SROs are expected to take enforcement on criminal matters when appropriate or requested, and to protect students and staff from criminal activity. SROs develop and enhance rapport and communication between youth, police officers, and school administrators, and provide information and classroom instruction on law enforcement related topics. They work with school staff to ensure students are provided with effective and supportive responses to disruptive behavior and families are made aware of community resources available to them. The proposed agreement prohibits SROs from engaging in discipline or enforcing school codes of conduct.

PSUSD has prioritized special training for their SROs. During the 2021/2022 school year, all PSUSD SROs, Campus Safety Officers, and a group of PSUSD administrators attended a 40- hour training course presented by the National Association of School Resource Officers. This Basic SRO c ourse covered a variety of training topics and materials including ethics, school safety, effective presentations, informal counsel ing/ mentorship, special needs students, cyber security, school law, threat response and developing successful relations with a diverse student body.

During the 2021 /2022 school year, PSUSD developed and distributed a matrix to all SROs to monitor their daily involvement within their respective school communities. As we move into a new school year, PSUSD and the SROs will continue to work together to refine the matrix, ensuring relevant campus activity is effectively captured. The matrix focuses on three main areas of SRO activity, known as the “SRO Triad”, which recognizes that, as a campus officer, the SRO plays many roles – as a law teacher, law counselor and, lastly, a law enforcement officer.

As a law teacher, the SRO interacts , has discussions with and provides demonstrations to staff, parents, and members of the student body. As a law counselor, the SRO develops mentoring relationships , conducts mental health evaluations when necessary and provides informal counseling. As a law enforcement officer, the SRO addresses crime s occurring or reported on campus, responds to altercations, works to mitigate potential disputes, and addresses any threats to campus safety. The SRO is not involved in and does not maintain statistics or student demographic data related to expulsions or suspensions.

Item 3B - 2
City Council Staff Report
September 1, 2022 – Page 3
PSUSD Law Enforcement Services Agreement

The PSUSD matrix was formally distributed to SROs in April 2022. Palm Springs Police Department School Resource Officer Padilla began tracking his daily activity beginning in February 2022. Between February 1, 2022 and May 31, 2022, Officer Padilla documented 208 calls at the Palm Springs High School campus. Of the 208 calls, 84 (40.38%) were as a law teacher – primarily through interaction with students – and 96 (46.15%) were as a law counselor. Officer Padilla served in a traditional law enforcement officer role 28 times (13.46%) during this time period.

While statistics were not formally maintained prior to February 2022, we know from years of experience that the vast majority of the time the SRO spends on campus is dedicated to building relationships, interacting with and mentoring students, and serving as a resource to both students and faculty . Working collaboratively with staff, parents and students, the SRO establishes rapport, builds trust, and serve s as a resource while simultaneously remaining available to rapidly address any law enforcement related concerns on campus.

During the 2021/2022 school year, the Palm Springs Police Department authored 22 reports documenting incidents on or that were directly related to the Palm Springs High School campus. Seven of these reports were written by the assigned SRO, documenting vandalism and graffiti on campus, batteries , and the mental health commitment of a student. The remaining 15 reports were written by patrol officers after incidents were reported to law enforcement outside school hours. These reports documented a variety of incidents including batteries, stolen and found property, a traffic collision, and the mental health commitment of a student. Notably, officers investigated an incident where an image of a handgun was distributed via social media and a threat made towards another student, and a separate incident where a student was the victim of a hate crime.

There were no arrests made on the Palm Springs High School campus during the 2021/2022 school year.

The current proposed agreement between PSUSD and the C ity of Palm Springs is for “the services of a School Resource Officer in order to ensure the greater safety of students, the staff, and the public at Palm Springs High School and Desert Learning Academy and to improve and strengthen law enforcement community connections on or about campus.” The proposed agreement is effective for both the 2022/2023 and 2023/2024 school year s, running through June 7, 2024 . The total costs of one police officer assigned as the SRO to the Palm Springs High School and Desert Learning Academy for both the 2022/2023 and 2023/2024 fiscal years is estimated at $386,105.10.

These costs will be reimbursed to the City by PSUSD at a rate not to exceed $18,652.42 per month for a period of up to ten months for the fiscal year of 2022/2023 and at a rate not to exceed $19,958.09 per month for a period of up to ten months for the fiscal year of 2023/2024.

FISCAL IMPACT:

The fully burdened costs of one police officer assigned to Palm Springs High School and Desert Learning Academy will be reimbursed to the City by PSUSD, including any Item 3B - 3
City Council Staff Report
September 1, 2022 – Page 4
PSUSD Law Enforcement Services Agreement
overtime costs for duties related to the SRO assignment.

REVIEWED BY:

Department Director: Andrew G. Mills
City Manager: Justin Clifton
ATTACHMENTS:

A.)
PSUSD Law Enforcement Services Agreement – C0004362
Item 3B - 4
ATTACHMENT "A"
Item 3B - 5
PSUSD

PALM SPRINGS UNIFIED SCHOOL DISTRICT
150 DISTRICT CENTER DRIVE, PALM SPRINGS, CA 92264
Contract#
C-0004362
Orig FY 2023 PALM SPRINGS

UNIFIED
SCHOOL DISTRICT Contract Orig Date 07-21-2022

CITY OF PALM SPRINGS
Vendor 10187

CITY OF PALM SPRINGS
ATTN: FINANCE DEPARTMENT
PO BOX 2743
Buyer JUANA CARDENAS
Phone 7608832710
Fax
Terms & Conditions SEE DISTRICT WEB SITE
PALM SPRINGS, CA 92263-2743 FOB DESTINATION FREIGHT PREPAID - TO BE

CHARGED
Payment Terms RECEIPT
Phone 760-323-8230
Email [email protected]
Fax 760-322-8320 Routing SECURITY/ L. SMART
Ship To

PSUSD WAREHOUSE
150 DISTRICT CENTER DRIVE
PALM SPRINGS, CA 92264
Bill To

PSUSD FISCAL SERVICES
150 DISTRICT CENTER DRIVE
PALM SPRINGS, CA 92264
Contract # must appear on all packages and documents.

Fax 760-318-4897
Originators CARMEN RODRIGUES LARA{R0080980)
Line Item Funding
1 SCHOOL RESOURCE OFFICER
SCHOOL RESOURCE OFFICER SERVICES TO BE PRVIDED: As 03-636-0000-0-0000-8300-5815 per Agreement with the City of Palm Springs, Police Department 03-636-0707-0-0000-8300-5815 for a School Resource Officer (SRO) on the Palm Springs High School and Desert Learning Academy (PS) Campuses.

Services are estimated at an amount not to exceed $186,524.20 based on ten (1 O) month period. Payments to be made upon billing by the City calculatedd at the total rate of $18,652.42 per month.

Terms of service: August 8, 2022 - June 9, 2023
2 SCHOOL RESOURCE OFFICER
SCHOOL RESOURCE OFFICER SERVICES TO BE PRVIDED: As 03-636-0000-0-0000-8300-5815 per Agreement with the City of Palm Springs, Police Department 03-636-0707-0-0000-8300-5815 for a School Resource Officer {SRO) on the Palm Springs High School and Desert Learning Academy {PS) Campuses.

Services are estimated at an amount not to exceed $199,580.90 based on ten (10) month period. Payments to be made upon billing by the City calculatedd at the total rate of $19,958.09 per month.

Terms of service: August 7, 2023 -J une 7, 2024
Total
$186,524.20
86,524.20
100,000.00
$199,580.90
99,580.90
100,000.00
Note SERVICES TO BE PROVIDED AS PER ATTACHED LAW ENFORCEMENT SERVICES AGREEMENT DATED 07/20/2022 -scheduled to be Ratified by the PSUSD Board of Education on 08/09/2022.*** Galaxy • Contract Page
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Item 3B - 6
uata as or 7/2fi/2022>'Bli":~561!:-:4:r15"A"M,r------,
Item 3B - 7
PSUSD

PALM SPRINGS

UNIFIED

SCHOOL DISTRICT
Line Item

PALM SPRINGS UNIFIED SCHOOL DISTRICT
150 DISTRICT CENTER DRIVE, PALM SPRINGS, CA 92264
Contract
Funding
Galaxy. Contract
Contract# C-0004362
Orig FY 2023
OrlgDate 07-21-2022

CITY OF PALM SPRINGS
Total Line Items:

Discount:

Sub-Total:

Tax:

Freight:

Order Total:

Total
$386, 105.10
$0.00
$386,105.10
$0.00
$0.00
$386, 105.10

Page 2 ends

Palm Springs City CouncilSeptember 1, 2022

Palm Springs City Council
September 1, 2022