Palm Springs City Council
December 5, 2022

331-0342 (09 11) Includes copyrighted materials from ISO, Inc. 2003 † Blanket NOC as required by contract 30
W23-H631525-00

PARK CONSULTING GROUP INC ALLMERICA FINANCIAL BENEFIT INSURANCE Item 1J - Page 33

ATTACHMENT B
Item 1J - Page 6
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Park Consulting Group, Inc.

2. Address of Entity (Principle Place of Business)
200 Spectrum Center Drive, Suite 300, Irvine, CA 92618

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

4. State where Entity is Registered with Secretary of State California

5. Type of Entity
F Corporation FLimited Liability Company F Partnership F Trust F 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 Glenn Park
F Officer F Director F Member F
Manager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
Item 1J - Page 34
I ,
l
- -
I
... l
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

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

Glenn Park
[name of owner/investor]
100%, Park Consulting Group, Inc.
[percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Glenn Park, President 10/26/2022
Item 1J - Page 35

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

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

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE PALM SPRINGS MUNICIPAL CODE,

REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF

CERTAIN NON-PROFIT BOARDS, A CURRENTLY RETAINED ATTORNEY OR

ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF CHARITABLE TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE” RECOMMENDATION:

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

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

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE PALM SPRINGS MUNICIPAL

CODE REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING

MEMBERS OF CERTAIN NON-PROFIT BOARDS, A CURRENTLY RETAINED

ATTORNEY OR ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF

CHARITABLE TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE.”

2. Attachments
Item 1K

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: INTRODUCTION OF ORDINANCE NO. _____, ENTITLED “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE

PALM SPRINGS MUNICIPAL CODE, REGARDING DUTIES OF
OFFICIALS WHO SERVE AS VOTING MEMBERS OF CERTAIN NONPROFIT BOARDS, A CURRENTLY RETAINED ATTORNEY OR

ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF CHARITABLE

TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE”
FROM: Jeffrey S. Ballinger, City Attorney
SUMMARY:

In 2018, the City of Palm Springs adopted a Public Integrity Ordinance (PSMC Chapter

2.60), which expands upon and supplements the State of California’s ethics laws, including the Political Reform Act and Government Code section 1090.

On November 18, 2021, the City of Palm Springs City Council adopted Ordinance No. 2052, which further expanded upon the State’s recusal requirements. Specifically, the November 2021 amendment requires City officials who serve on non-profit boards, as a currently retained attorney or accountant for such an entity, or as the trustee of a charitable trust, to also recuse from participating in City matters, when such non-profits or trusts have an interest in the particular matter, regardless of whether the non-profit or trust was the applicant in the matter.

The proposed ordinance would modify the circumstances under which those City officials would have to recuse. The proposed ordinance would continue to prohibit those City officials from voting on City matters in which their non-profits or trusts have an interest.

And, the proposed ordinance would prohibit them from advocating toward their own legislative body or another legislative body that appoints that official, a particular result.

However, the ordinance would allow such City officials to communicate and advocate for a particular result, so long as such communication or advocacy is directed at City officials other than other member(s) of the legislative body on which the official serves, and so long as the advocating official is not a member of a legislative body that has the power to appoint or remove the City official.

Item 1K - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Ordinance Updating Public Integrity Ordinance
RECOMMENDATION:

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

2. Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.60.020 AND 2.60.040 OF THE PALM SPRINGS MUNICIPAL CODE

REGARDING DUTIES OF OFFICIALS WHO SERVE AS VOTING MEMBERS OF

CERTAIN NON-PROFIT BOARDS, A CURRENTLY RETAINED ATTORNEY OR

ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES OF CHARITABLE

TRUSTS, UNDER THE CITY OF PALM SPRINGS PUBLIC INTEGRITY ORDINANCE.”
STAFF ANALYSIS:

Since its adoption in 2018, the City of Palm Springs’ Public Integrity Ordinance has imposed on City officials recusal requirements that are broader than those contained in State law. Namely, State statutes generally prohibit City officials from participating in City decisions when those City decisions are reasonably likely to impact the official’s economic interests.

However, generally state statutes exclude from the definition of “economic interests” certain relationships, such as non-compensated service on non-profit boards, noncompensated attorney-client or non-compensated accountant-client relationships, service as a trustee for a charitable trust, and month to month tenancies.

The Palm Springs Public Integrity Ordinance expanded on State statutes and prohibited City officials who had these sorts of interests from voting on or advocating a particular result with respect to an application by the non-profit board or charitable trust that they serve, or for renters with respect to an application concerning property within five hundred (500) feet.

On November 18, 2021, the City of Palm Springs City Council adopted Ordinance No. 2052, which expanded on the recusal requirements for City officials who serve such nonprofit boards or charitable trusts. Specifically, the November 2021 amendment required City officials to also recuse from participating in City matters, whenever such non-profit or charitable trust has an interest in the particular matter, regardless of whether the nonprofit or charitable trust was the applicant in the matter. In these situations, under the 2021 revision, such City officials must recuse from voting on any matter before the City, when such non-profit or trust has an interest in the particular matter.

Moreover, the City’s Public Integrity Ordinance prohibits such officials from “advocating a particular result or outcome” with respect to such matters. The Ordinance defines “advocating a particular result or outcome” as “influencing, encouraging, or attempting to influence or encourage any other individual official to vote, or be more disposed to vote, Item 1K - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
Ordinance Updating Public Integrity Ordinance
in a particular manner with respect to such matter.” (PSMC 2.60.040(D).) And, this definition currently applies to the non-compensated Boardmembers of non-profits, probono attorneys or accountants for those non-profits, trustees of charitable trusts, as well as tenants under month-to-month tenancies.

So, if a City commissioner also serves as a member of a non-profit board of directors, without compensation, and that non-profit entity has an interest (even if not a financial interest) in a particular matter, then that commissioner would be prohibited from contacting his or her fellow commissioners or the City Council in order to advocate for a particular result on that matter.

An example would be if a Planning Commissioner also serves, without compensation, on a non-profit that is looking to build its new headquarters on a piece of real property that the non-profit owns. If that property were being re-designated as open space as part of the City-initiated General Plan update, the Commissioner would be prohibited from voting, as a Planning Commissioner, on that portion of the General Plan update when it comes before the Planning Commission. And, the Commissioner would likewise be prohibited from participating in other ways, such as contacting Councilmembers or fellow Planning Commissioners, either verbally or in writing, urging them to vote a particular way on that aspect of the General Plan update.

Since the time of the November 2021 ordinance revision, several City commissions have been impacted. Specifically, the City’s Historic Site Preservation Board has several members who also serve on the Palm Springs Preservation Foundation. That Foundation occasionally produces Historic Resource Reports for applications that come before the Commission. Due to the revised ordinance, those commissioners must recuse themselves, even when the Foundation is not the applicant. Due to some absences and at least one conflicted Commissioner, the HSPB came close earlier this month to not having a quorum on a particular application.

In addition, an issue has recently arisen where the City has three (3) City commissioners serving on the recently formed non-profit Palm Springs Plaza Theatre Foundation. That Foundation is actively moving toward raising funds and working with the City toward procuring a design professional and ultimately a construction contractor for the restoration of the City’s historic Plaza Theatre. This non-profit work necessarily involves interacting/communicating with various City employees and officials. While such communications could be done by other Foundation Boardmembers, the three Boardmembers who are also City Commissioners are some of the more active Foundation Boardmembers, including the Board President.

In addition to the non-profits mentioned above, other non-profits within the City support the functions of the City as well. For instance, Organized Neighborhoods of Palm Springs (“ONE-PS”), is a tax-exempt nonprofit that supports the functions of the City’s Office of Neighborhoods. In addition, two non-profit organizations, the Friends of the Palm Springs Library, Inc., and the Palm Springs Public Library Foundation, raise funds for the purpose Item 1K - Page 3
City Council Staff Report
December 5, 2022 -- Page 4
Ordinance Updating Public Integrity Ordinance
of supporting the City’s public library. Finally, the Friends of the Palm Springs Animal Shelter is a tax-exempt non-profit that operates the City’s animal shelter, in addition to other activities aimed at enhancing pet stewardship and the humane treatment of animals.

At the July 30, 2022 City Council meeting, the City Council discussed potentially amending the City’s Public Integrity Ordinance, in order to exempt from the recusal requirements City officials who serve, un-compensated on non-profit boards when such non-profits support the functions of the City. At that meeting, the proposed ordinance was not adopted, but instead direction was given to the City Attorney to work with Councilmembers Kors and Holstege to draft a more narrowly targeted exception to the City’s recusal rule.

The accompanying ordinance does so. The proposed ordinance continues to prohibit City officials from voting on matters in which their outside relationships have an interest in the matter. However, the ordinance revises the definition of “advocating a particular result” so as to apply only to either:
• communications directed at members of the City official’s own legislative body; or • communications by City officials when such an official’s legislative body has the power to appoint or remove the official receiving the advocacy.

So, as an example, if a Planning Commissioner were serving, without compensation, on a non-profit that is looking to build its new headquarters on a piece of real property that the non-profit owns; if that property were being re-designated as open space as part of the City-initiated General Plan update, the Commissioner would be prohibited from voting, as a Planning Commissioner, on that portion of the General Plan update when it comes before the Planning Commission. And, the Commissioner would likewise be prohibited from contacting fellow Planning Commissioners, either verbally or in writing, or appearing in front of the Planning Commission, urging them to vote a particular way on that aspect of the General Plan update. However, such Planning Commissioner could still contact or appear in front of the City Council, or its members, and urge a particular result on the General Plan.

Similarly, if a City Councilmember were serving, without compensation, on that same nonprofit, the City Councilmember would be prohibited from voting, as a Councilmember on that portion of the General Plan update when it comes before the Planning Commission.

And the City Councilmember would likewise be prohibited from contacting fellow City Councilmembers, urging them to vote a particular way on that aspect of the General Plan.

And finally, the City Councilmember would be prohibited from trying to influence the Planning Commission, or any of its members, with respect to this aspect of the General Plan, since the City Council has the authority to appoint and remove Planning Commissioners.

This narrowly tailored exemption from the City’s expanded recusal requirements is an appropriate provision, which will enable City officials who serve others within the Item 1K - Page 4
City Council Staff Report
December 5, 2022 -- Page 5
Ordinance Updating Public Integrity Ordinance
community to weigh in on matters that affect other non-financial interests, but appropriately restrict those officials from voting on those matters or advocating a particular result to their fellow commissioners or by an official with shared appointive or removal authority.
1 ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. This proposed ordinance, concerning certain obligations of public officials is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT:

This proposed ordinance is not expected to have any significant financial impacts.

REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Proposed Ordinance.
1 Note, that because the Ordinance’s definition of “advocating a particular result” applies to both the non-financial relationships in section 2.60.040(D) [a voting member of a board of directors or other governing body of a nonprofit entity without compensation, a currently retained attorney or accountant for such an entity who provides pro bono services, or a trustee of a charitable trust], as well as month-to-month tenancies in section 2.60.040(E), the revision of this definition will mean that City officials who rent property on a month to month basis will likewise now be able to advocate a particular result, as long as that advocacy is not directed at his or her own legislative body members, or by an official whose legislative body has the power to appoint or remove the official.

Item 1K - Page 5

ATTACHMENT A
Item 1K - Page 6
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS

2.60.020 AND 2.60.040 OF THE PALM SPRINGS

MUNICIPAL CODE, REGARDING DUTIES OF OFFICIALS
WHO SERVE AS VOTING MEMBERS OF CERTAIN NONPROFIT BOARDS, A CURRENTLY RETAINED ATTORNEY

OR ACCOUNTANT FOR SUCH BOARDS, OR TRUSTEES

OF CHARITABLE TRUSTS, UNDER THE CITY OF PALM

SPRINGS PUBLIC INTEGRITY ORDINANCE
City Attorney’s Summary
This ordinance amends the City of Palm Springs Municipal Code requirements pertaining to the duties of City officials who serve as a voting member of a board of directors or other governing body of a non-profit entity without compensation, as a currently retained attorney or accountant for such an entity who provides pro bono services, or as the trustee of a charitable trust.”
WHEREAS, in 2018, the City of Palm Springs adopted a Public Integrity Ordinance, which expands upon and supplements the State of California’s ethics laws, including the Political Reform Act and Government Code section 1090; and WHEREAS, the City of Palm Springs Public Integrity Ordinance requires City officials who serve as a voting member of a board of directors or other governing body of a non-profit entity without compensation, as a currently retained attorney or accountant for such an entity who provides pro bono services, or as the trustee of a charitable trust, to recuse from participating in applications by such non-profit or trust; and WHEREAS, on November 18, 2021, the City of Palm Springs City Council adopted Ordinance No. 2052, which expanded upon such recusal requirement, by requiring such officials to also recuse from participating in City matters, when such non-profits or trusts have an interest in the particular matter, regardless of whether the non-profit or trust was the applicant in the matter; and
WHEREAS, the City of Palm Springs City Council wishes to clarify that, with regard to City officials who serve as voting members of non-profit boards, such officials cannot vote upon, or advocate to their colleagues on their board or commission, with respect to any matter before the City, although such officials shall be entitled to communicate and advocate a particular result when directed at certain other City officials.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

Item 1K - Page 7
Ordinance No.

SECTION 1. Findings. 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 the and through this Ordinance.

SECTION 2. Code Amendment. Section 2.60.020 is hereby amended to add the following two (2) definitions:
“Advocating a particular result or outcome” means influencing, encouraging, or attempting to influence or encourage any Covered City Official to decide or vote, or be more disposed to decide or vote, in a particular manner with respect to a particular matter. Nothing in this Chapter shall be interpreted as preventing a City Official from advocating a particular result or outcome to anyone other than a Covered City Official.
“Covered City Official” for purposes of the phrase “advocating a particular result or outcome” by a City Official only, means either: (A) a member of the same legislative body as the advocating City Official; or (B) a City Official where the advocating City Official’s legislative body has the power to appoint or remove that City Official.”
SECTION 3. Code Amendment. Section 2.60.040, subdivision (D) of the Palm Springs Municipal Code, Duties of Officials, is hereby amended to read as follows:
“2.60.040 (D) In the event that an Official serves as a voting member of a board of directors or other governing body of a non-profit entity without compensation, as a currently retained attorney or accountant for such an entity who provides pro bono services, or as the trustee of a charitable trust, that official shall not vote upon, or advocate a particular result or outcome with respect to any matter before the City, if the non-profit or trust has an interest in the matter. For purposes of this subdivision (D) and subdivision (E) of section 2.60.040, “advocating a particular result or outcome with respect to an application” means influencing, encouraging, or attempting to influence or encourage any other individual official to vote, or be more disposed to vote, in a particular manner with respect to such matter. Such an official shall disclose the nature of his/her interest related to the nonprofit or charitable trust on the record of each proceeding before him/her in the action in question, and recuse himself/herself from voting with respect to said action.”
SECTION 4. Declaratory of Existing Law. The City Council hereby finds that this code amendment is clarifying only, and is intended to be declaratory of existing law.

SECTION 5. Effective Date. This ordinance shall become effective 30 days after its adoption.

SECTION 6. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.

Item 1K - Page 8
Ordinance No.

SECTION 7. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS ___ DAY OF ___________________, 202__.

MAYOR
ATTEST:

BRENDA PREE

CITY CLERK

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. ___ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the __ day of _____________, 202__, and adopted at a regular meeting of the City Council held on the __ day of ______________, 202__, 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 ______________, 202__.

BRENDA PREE

CITY CLERK
Item 1K - Page 9

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

APPROVE UTILITY AGREEMENT AMENDMENT NO. 1 WITH SOUTHERN

CALIFORNIA EDISON COMPANY FOR UTILITY RELOCATION WORK RELATED

TO INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BHLS-5282(017) RECOMMENDATION:

Approve Utility Agreement Amendment No. 1 with Southern California Edison Company, a California corporation, in the amount of $489,054.81 for Utility Relocation work related to the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282(017).

1. Authorize the Interim City Manager or designee to execute the Utility Agreement Amendment and all associated documents.

2. Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: APPROVE UTILITY AGREEMENT AMENDMENT NO. 1 WITH

SOUTHERN CALIFORNIA EDISON COMPANY FOR UTILITY

RELOCATION WORK RELATED TO INDIAN CANYON DRIVE WIDENING & BRIDGE REPLACEMENT, CITY PROJECT NO. 01-11, FEDERAL AID PROJECT NO. BHLS-5282(017)
FROM: Teresa Gallavan, Interim City Manager
BY: Engineering Services Department
SUMMARY:

As a result of the determination of Southern California Edison Company (SCE) having prior legal rights, the City is responsible for all costs associated with relocation of existing SCE utilities, requiring the City to enter into a Utility Agreement with SCE associated with the Indian Canyon Drive Widening and Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282(017), (the “Project”). This action will approve and authorize the Interim City Manager to amend the existing Utility Agreement with SCE due to higher than anticipated costs for the relocation.

RECOMMENDATION:

1. Approve Utility Agreement Amendment No. 1 with Southern California Edison Company, a California corporation, in the amount of $489,054.81 for Utility Relocation work related to the Indian Canyon Drive Widening & Bridge Replacement, City Project No. 01-11, Federal Aid Project No. BRLO 5282(017); and

2. Authorize the Interim City Manager or designee to execute the Utility Agreement Amendment and all associated documents.

BUSINESS PRINCIPAL DISCLOSURE:

Not applicable.

BACKGROUND:

On March 20, 2002, the City Council awarded a contract with Dokken Engineering for environmental, engineering design, and right-of-way acquisition services for the Project.

Item 1L - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
CP 01-11 Indian Canyon Bridge SCE Utility Agreement Amendment On December 13, 2017, the City Council approved Utility Agreement 01-11-04 in the amount of $858,000 for the relocation of the SCE facilities.

The Project required the acquisition of rights-of-way from parcels from various owners, including Union Pacific Railroad. All negotiations have been completed and the Project right-of-way clearance was certified with Caltrans on November 1, 2019.

STAFF ANALYSIS:

The Utility Relocation phase is an essential part of the project. The City issued a “Notice to Owner” to the various utility companies requiring them to relocate their facilities that are in conflict with the Project.

It was determined that SCE has prior rights for the existing utility poles within the Project limits. SCE easements for overhead transmission and distribution lines along the east side of Indian Canyon Drive were obtained on November 16, 1948, and January 18, 1949.

This predated Riverside County’s declaration of Indian Avenue (now Indian Canyon Drive) as a County Highway and public road on August 7, 1951.

Ordinarily, the City’s franchise agreements with public utilities require the utility company to relocate their facilities at their cost to accommodate the City’s public projects. However, because SCE has prior legal rights, the City of Palm Springs is responsible for the costs of the utility relocation.

These relocation costs are eligible project expenses under the Highway Bridge Program (HBP), which allows the City to be reimbursed through the federal-aid funds that have been secured for the Project.

An exhibit showing the locations of all SCE facilities required for relocation is best defined in the SCE plans that are included as Attachment A in this report.

SCE completed the relocation of their facilities in July 2021. On February 29, 2022, SCE requested an amendment to the Utility Agreement to accommodate the following unforeseen issues:

1. SCE Construction Field Change Order 1: Delivery and building of a temporary roadway for the H-Structure replacement project. Costs included keeping the decking in place for a month but allowing an extension or reduction to fit the job length. This Change Order also included a frontend loader and tracked skid steer which was used to offload the decks and build the roadway.

2. SCE Construction Field Change Order 2: SCE contractor ran into an issue during a road closure and outage. They were unable to locate a pull box which was covered by blow sand. The contractor elected to intercept the existing run of cable Item 1L - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
CP 01-11 Indian Canyon Bridge SCE Utility Agreement Amendment with a second pull box and extend duct to a new riser. Change order also included the need to rearrange crossarms after they were installed.

3. SCE contractor crews mobilized and demobilized on multiple occasions due to field conditions and site readiness.

These changes resulted in an increase of $489,054.81 from the original $858,000 Utility Agreement, resulting in a total SCE relocation cost of $1,347,054.81. Caltrans approved this Utility Agreement as to form on April 5, 2022 and approved the City’s request for additional HBP funding to cover 88.53% of these costs on September 28, 2022. The remaining 11.47% would come from the City’s local share.

On this basis, Staff recommends City Council approve the Utility Agreement included as Attachment B in this report.

ENVIRONMENTAL IMPACT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City, acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On November 4, 2009, the City Council adopted Resolution No. 22620, adopting and ordering the filing of a Mitigated Negative Declaration for the Project.

Subsequently, on November 5, 2009, Staff filed a Notice of Determination with the Riverside County Clerk and State Clearing House.

The Project is funded, in part, by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (NEPA). On September 24, 2009, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (EA) or Environmental Impact Statement (EIS), has considered unusual circumstances pursuant to 23 CFR 771.117(b), and that it qualifies for a Categorical Exclusion under Section 6005 of 23 U.S.C. 327.

FISCAL IMPACT:

Sufficient funding is available for Amendment No. 1 in the amount of $489,054.81 to Southern California Edison. All costs for the Project are funded from Local and Regional Measure A (Fund 134), and reimbursements from the Federal HBP Grant as follows:

Item 1L - Page 3
City Council Staff Report
December 5, 2022 -- Page 4
CP 01-11 Indian Canyon Bridge SCE Utility Agreement Amendment • Capital Project Fund, 2613215-80000 $432,960.22
• Regional Measure A Fund, 1343095-80000 $ 42,070.94
• Local Measure A Fund, 1343100-80000 $ 14,023.65
Total: $489,054.81
REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Approved SCE Plans.

B. SCE Utility Agreement Amendment.

Item 1L - Page 4
Attachment A
Item 1L - Page 5
Item 1L - Page 6
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Item 1L - Page 10
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Attachment B
Item 1L - Page 11

AMENDMENT TO UTILITY AGREEMENT

District County Route Post Mile Project ID No. EA
08 RIV 0 N/A CP 01-11
Federal Aid No.: BRLO-5282(017)
Owner’s File: Project # 813, TD859848 Design No. 599473_0.01 FEDERAL PARTICIPATION: On the Project Yes No
On the Utilities Yes No
FIRST AMENDMENT TO UTILITY AGREEMENT NO. 01-11-04
WHEREAS, the City of Palm Springs, hereinafter called “LOCAL AGENCY’, and Southern California Edison, hereinafter called OWNER, have entered into that certain Utility Agreement No. 01-11-04, dated February 20, 2018, which Agreement sets forth the terms and conditions pursuant to which OWNER shall remove and/or relocate OWNER’s Facilities in accordance with OWNER’s plan No. 599473_0.01 dated August 2, 2016 to accommodate LOCAL AGENCY’s construction on North Indian Canyon Drive, Project No. 01-11; and, WHEREAS, in the performance of said work, increased costs over and above those estimated at the time of the execution of said Agreement were incurred due to the fact that OWNER had to build a temporary roadway for the replacement project including keeping the decking in place for the duration of the job; and, the OWNER’s contractor was unable to locate a pullbox under the blowsand. Instead, the OWNER’s contractor intercepted the existing run of cable with a second pullbox and extended the duct to a new riser including rearranging crossarms after they were installed. The OWNER’s contractor had to mobilize and demobilize on multiple occasions due to field conditions and site readiness.

WHEREAS, it has been determined that, since final costs have overrun the amount shown in said Agreement by 57%, and when the increased cost exceeds by 25% the estimated amount set forth in said Agreement, said Agreement shall be amended to show the increased cost of the work to the LOCAL AGENCY; and, WHEREAS, the estimated cost to the LOCAL AGENCY of the work to be performed under said Agreement was $858,000, and by reason of the increased costs referred to above, the amended estimated cost to the LOCAL AGENCY is $1,347,054.81.

NOW, THEREFORE, it is agreed between the parties as follows:

1. The estimated cost to the LOCAL AGENCY of $858,000 as set forth in said Agreement is hereby amended to read $1,347,054.81.

2. All other terms and conditions of said Agreement remain unchanged.

Item 1L - Page 12
~ • ~ •
AMENDMENT TO UTILITY AGREEMENT (Cont.)

IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Utility Agreement No. 01-11-04 this _____ day of _______________, _____.

LOCAL AGENCY OWNER
CITY OF PALM SPRINGS, a California charter city and
municipal corporation
SOUTHERN CALIFORNIA EDISON COMPANY, a
California Corporation
By By Cynthia Wagner/Project Manager 5/11/2022
Teresa Gallavan, Interim City Manager Date Name/Title Date ATTEST:

By
Brenda Pree, City Clerk Date
APPROVED AS TO FORM:

By
Jeffery Ballinger, City Attorney Date
Distribution: 1) Owner, 2) Utility Coordinator, 3) DLAE – File, 4) District Utility Coordinator – File Item 1L - Page 13

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS AND

AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING TRIBAL FOOD

AND BEVERAGE SALES TAX
RECOMMENDATION:

1. Approve the Tribal Sales Tax Agreement.

Authorize the Interim City Manager (or designee) to execute the Tribal Sales Tax Agreement and any other documents necessary to carry out the Agreement.

2. Attachments
Item 1M

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: TRIBAL SALES TAX AGREEMENT BETWEEN CITY OF PALM SPRINGS

AND AGUA CALIENTE BAND OF CAHUILLA INDIANS REGARDING

TRIBAL FOOD AND BEVERAGE SALES TAX
FROM: Teresa Gallavan, Interim City Manager
BY: Jeffrey S. Ballinger, City Attorney
Nancy Pauley, Finance Director
SUMMARY:

The State of California has recently revised its rules regarding sales tax for food and beverages sold on tribal lands. Specifically, the revised rule provides that the sale and purchase of meals, food, and beverages sold on tribal land by a non-Indian to a nonIndian (or an Indian who does not reside on a reservation) are not subject to California sales and use tax, when all of the following are met:
• A sales or use tax is imposed by an Indian Tribe on the sales or purchases of meals, food, and beverages,
• The non-Indian retailer’s business is operated on a reservation under a federally authorized lease or sublease,
• The non-Indian retailer’s business is an eating or drinking establishment, such as a restaurant or bar, and
• The meals, food, and beverages are sold and purchased for consumption on the Indian reservation.

The Agua Caliente Band of Cahuilla Indians (“Agua Caliente”) imposes sales and use tax on the sale and purchase of meals, food, and beverages sold on Indian Lands by nonIndian retailers. Agua Caliente has proposed a Tribal Sales Tax Agreement between the City and Agua Caliente. Under the MOU, the City would receive an allocation of sales and use tax percentage of no less than what it would receive if the State and local sales taxes were imposed.

RECOMMENDATION:
1) Approve the Tribal Sales Tax Agreement (Attachment 1); and Item 1M - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Tribal Sales Tax Agreement
2) Authorize the Interim City Manager (or designee) to execute the Tribal Sales Tax Agreement and any other documents necessary to carry out the Agreement.

BACKGROUND:

In White Mountain Apache Tribe v. Bracker, (1980) 448 U.S. 136, the United States Supreme Court explained that federally recognized Indian tribes retain attributes of sovereignty over both their members and their territory, as a separate people, with the power of regulating their internal and social relations. The Court also held that federal law preempts a state’s authority to tax an activity undertaken on a reservation or by tribal members in circumstances where the tax unlawfully infringes on the right of the federally recognized Indian tribes to “make their own laws and be ruled by them.” California’s Sales and Use Tax Law imposes sales tax on retailers for the privilege of selling tangible personal property at retail. (Cal. Rev. & Tax. Code (“RTC”), § 6051.) Unless an exemption or exclusion applies, the tax is measured by a retailer’s gross receipts from the retail sale of tangible personal property in California. (RTC, §§ 6012, 6051.) The sales tax is imposed on retailers, but retailers may collect reimbursement from their customers if their contracts of sale so provide.

California’s Sales and Use Tax Law provides an exemption from sales and use tax for sales and purchases of “food products” for human consumption. However, as relevant here, food products do not include carbonated or alcoholic beverages, meals served off or on the retailer’s premises, and certain food products sold in a form suitable for consumption on the seller’s premises, and hot prepared food products, including combinations of hot and cold items sold for a single price.

California law provides that California’s sales and use taxes do not apply to transactions that the state is prohibited from taxing under federal law or the California Constitution. (RTC, § 6352.) State regulations dealing with “federal areas” was originally adopted in 1945 as a restatement of previous sales and use tax rulings regarding transactions that involved the United States military. However, in 1978, the State regulation was amended to prescribe the application of tax to the sale and use of tangible personal property on Indian reservations.

Indian casinos located in California commonly offer food and beverage services to their customers, and the food and beverage services are sometimes operated by non-Indian retailers who are leasing space in the casinos, in accordance with federal law.

The Board’s Legal Department performed a Bracker analysis to determine whether federal law preempts the imposition of California sales tax on sales of meals, food, and beverages by, and use tax on purchases of meals, food, and beverages from, such a non-Indian lessee operating an eating or drinking establishment within an Indian casino.

The State Board of Equalization’s (the “Board”) Legal Department concluded that the Item 1M - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
Tribal Sales Tax Agreement
federal and tribal interests in preempting California’s sales and use taxes outweighed the state’s interest in imposing such taxes when a Tribal casino, operated under a TribalState Gaming Compact, leases an eating or drinking establishment, such as a restaurant or bar, to a non-Indian who makes sales of meals, food, and beverages on site for consumption in the tribal casino, and the sales are subject to a tribal sales tax.

As a result, Board staff determined that there was an issue because the State regulation was not consistent with the Board’s Legal Department’s opinion regarding on-reservation sales of meals, food, and beverages by non-Indians operating eating and drinking establishments, in leased space, in Indian casinos. Specifically, Board staff determined that it was necessary to amend Regulation 1616 to make the regulation consistent with the Legal Department’s opinion regarding on-reservation sales of meals, food, and beverages by non-Indians operating eating and drinking establishments, in leased space, in Indian casinos for the specific purpose of addressing the issue (or problem). Therefore, Board staff drafted proposed amendments to the State regulation, to make it consistent with the Legal Department’s opinion and Board staff held interested parties’ meetings in January and March of 2016 and March of 2017 to discuss the proposed amendments.

As a result of these proceedings, effective May 26, 2021, the California Department of Tax and Fee Administration (the successor to the State Board of Equalization) amended its sales/use tax regulation to clarify that federal law preempts the imposition of state sales and use taxes on specified sales and purchases of meals, food, and beverages for consumption on an Indian reservation when the sales are subject to an Indian tribe’s sales tax.

STAFF ANALYSIS:

The Agua Caliente’s Tribal food and beverage sales tax will begin on January 1, 2023.

As such, without an agreement to share in Sales tax, the amounts that would otherwise be collected from leased restaurants/bars on Tribal land would go to Agua Caliente alone, and not the City. Agua Caliente wants to make the cities whole, provide additional funds to the cities, and keep tax dollars local that would otherwise go to Sacramento. Therefore, Agua Caliente has approached the three cities in the Valley that contain Tribal land subject to these new rules – the Cities of Palm Springs, Cathedral City and Rancho Mirage. Agua Caliente is proposing to enter into a Tribal Sales Tax Agreement with each of these cities, to share the Tribal sales tax collected in lieu of the State and local sales taxes.

Under the proposed Agreement, the Tribal food and beverage sales tax rate remitted to the City by Agua Caliente will be the same rate as the combined California sales and use tax rate at that location. Thus, sales throughout the City, including on Tribal land, will be subject to either the Tribal food and beverage sales tax or the state sales and use tax – the sales will not be subject to both taxes.

Item 1M - Page 3
City Council Staff Report
December 5, 2022 -- Page 4
Tribal Sales Tax Agreement
Under the proposed agreements, each city’s allocation will consist of the following:
• One percent (1%) equivalent to the State’s Bradley-Burns tax; • An amount equal to the current district tax for each City; and • An additional 0.5% of tax at each location (equivalent to the Riverside County district tax).

For example:
• Palm Springs : 3.0% (1% + 1.5% + 0.5%)
• Cathedral City: 2.5% (1% + 1.0% + 0.5%)
• Rancho Mirage: 1.5% (1% + 0.5%)
The term of the agreement would be from January 1, 2023 through December 31, 2032.

Thereafter, the Agreement renews automatically for 12 month terms, unless the Agreement is terminated by one or both of the parties. Under the Agreement, the City agrees that it will use City allocation only to fund public safety. Public safety includes the provision of law enforcement, emergency medical services, fire suppression and prevention, and emergency management by the City or a government or private entity that the City contracts with. The Agreement calls for an annual report to be provided by the City to Agua Caliente, containing the following information:
• The total amount of City allocation funds that the City received during the prior Fiscal Year.
• A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City identified to fund (i.e., budgeted) using City allocation funds during the prior Fiscal Year.
• A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City funded using City allocation funds during the prior Fiscal Year.
• The amount of City allocation funds not expended during the prior Fiscal Year and carried over to the then current Fiscal Year.
• A certification, executed by the Mayor or the Mayor’s designee, certifying the receipt and the use of City Allocation funds in accordance with the Agreement.

ENVIRONMENTAL ASSESSMENT:

This Agreement is exempt from environmental review, since it can be seen with certainty that there is no possibility that this Agreement will have any effect on the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approving this Agreement supports the City Council’s adopted Strategic Plan, by Optimizing Basic Services and Facilities as well as enhancing Quality of Life, by providing an ongoing financing for public safety.

Item 1M - Page 4
City Council Staff Report
December 5, 2022 -- Page 5
Tribal Sales Tax Agreement
FISCAL IMPACT:

Staff anticipates a slight increase in sales taxes, although an estimated amount is unable to be determined at this time, since the State does not provide individualized sales tax data that the City can rely on.

REVIEWED BY:

Finance Director: Nancy Pauley
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Tribal Sales Tax Agreement
Item 1M - Page 5

ATTACHMENT A
Item 1M - Page 6
55575.18140\40814210.2
1 TRIBAL SALES TAX AGREEMENT
THIS TRIBAL SALES TAX AGREEMENT (this “Agreement”) is made and entered into on December 5, 2022 (“Effective Date”) by and between the Agua Caliente Band of Cahuilla Indians, a federally recognized Indian tribe (“Tribe”), and the City of Palm Springs, a California charter city and municipal corporation (“City”). Tribe and City are individually referred to herein as a “Party” and collectively as the “Parties.”

RECITALS
A. The Tribe has retained the inherent power of taxation as an essential aspect of its sovereignty and therefore has the power to tax except when limited by federal law.

B. Section (i) of article V of the Constitution and Bylaws of the Agua Caliente Band of Cahuilla Indians (the “Tribal Constitution”) authorizes the Tribal Council of the Tribe to promulgate and enforce assessments or permit fees upon non-members doing business and obtaining special privileges on the Agua Caliente Indian Reservation (the “Reservation”).

C. Pursuant to the Tribe’s inherent power of taxation and the Tribal Constitution, the Tribal Council has authorized, through the adoption of Chapter 3.08 of the Agua Caliente Tribal Code, the imposition and collection of a sales tax on the sale and purchase of meals, food, and beverages sold on Indian Lands (defined below) by non-Indian retailers.

D. The state of California, through the California Department of Tax and Fee Administration (the “CDTFA”), recently amended CDTFA Regulation 1616 (Cal. Code. Regs., tit. 18, § 1616) to clarify that federal law preempts the California sales and use tax when a non-Indian retailer sells meals, food, and beverages from a leased space on a reservation for consumption on the reservation where the sales take place.

E. Pursuant to the amendments to CDTFA Regulation 1616, the sale and purchase of meals, food, and beverages sold on the Reservation by a non-Indian retailer to a non-Indian or an Indian who does not reside on the Reservation are not subject to the California sales and use tax when all of the following requirements are met (collectively, the “Federal Preemption Requirements”): (i) a sales or use tax is imposed by the Tribe on the sales or purchases of meals, food, and beverages; (ii) the non-Indian retailer’s business is operated on the Reservation pursuant to a federally or tribally authorized lease or sublease; (iii) the non-Indian retailer’s business is an eating or drinking establishment, such as a restaurant or bar; and (iv) the meals, food, and beverages are sold and purchased for consumption on the Reservation.

F. When the Federal Preemption Requirements are met, the Tribe can impose and collect its Tribal Sales Tax (defined below) from non-Indian retailers without the economic ramifications of double taxation.

G. The Tribe’s imposition and collection of the Tribal Sales Tax is an appropriate method of generating revenues for the Tribe and paying for a portion of the costs of governmental services and programs incident to the preservation of Tribal existence and the continued economic development of the Reservation.

H. For the purposes set forth herein, the Tribe desires to share with the City a portion of the Tribal Sales Tax revenue generated from non-Indian retailers and the City desires to accept this revenue in accordance with the terms of this Agreement.

Item 1M - Page 7
55575.18140\40814210.2
2 TERMS

1. Incorporation of Recitals. The Parties acknowledge and agree that the foregoing recitals constitute the factual basis upon which the Tribe and City have entered into this Agreement. The Tribe and City each acknowledge the accuracy of the recitals and agree that the recitals are incorporated into this Agreement as though fully set forth at length.

2. Purpose. The purpose of this Agreement is to promote greater government to government cooperation and to establish a funding mechanism to defray the cost of providing governmental services that benefit portions of the Reservation that are located within the City’s jurisdictional boundaries.

3. Term. The term of this Agreement shall commence on January 1, 2023 and expire on December 31, 2032 (“Initial Term”), unless earlier terminated as provided herein. Following the Initial Term, the term of this Agreement shall automatically renew for the following twelve (12) months, unless otherwise terminated as provided in Section 12 below.

4. Definitions. Unless the context otherwise requires, the terms defined in this Section 4 shall for all purposes hereto, and for any amendment hereof, have the meanings defined herein. The following definitions shall be equally applicable to both the singular and plural forms of any terms defined herein. a. “City Allocation” means an amount equal to a percentage of the rate established for the Tribal Sales Tax pursuant to Section 3.08.1230 of the Agua Caliente Tribal Code. The Tribe will establish this percentage, in its sole and absolute discretion, through Tribal Council resolution. In no event shall the percentage used to calculate the City Allocation exceed the combined percentage of the California sales and use tax and district tax that the City receives from the state of California pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Cal. Rev. & Tax. Code, §§ 7200 et seq.) and the Transactions and Use Tax Law (Cal. Rev. & Tax. Code, §§ 7251 et seq.). For purposes of illustration and not limitation, if the City receives an amount calculated at a tax rate of 1% (i.e., the equivalent to the Bradley-Burns Uniform Local Sales and Use Tax for that jurisdiction) and an amount calculated at a tax rate of 1.5% (i.e., the equivalent to the Transactions and Use Tax for that jurisdiction), the City allocation would not exceed the combined tax rate of 2.5% of the sales and use tax that City would otherwise receive from the state of California.
b. “Commencement Date” means January 1, 2023.
c. “Fiscal Quarter” means one calendar year quarter commencing on January 1st, April 1st, July 1st, or October 1st, and ending on, as applicable, the immediately following March 31st, June 30th, September 30th, or December 31st, respectively. As an example, the Fiscal Quarter commencing January 1st shall end on the immediately following March 31st, the Fiscal Quarter commencing on April 1st shall end on the immediately following June 30th, and so on. Tax returns and payments are due at the end of the month immediately following the end of the Fiscal Quarter. For example, the tax returns and payments for the Fiscal Quarter ending on March 31st shall be due on April 30th. The tax returns and payments for the Fiscal Quarter ending on June 30th shall be due on July 31st, and so on. d. “Fiscal Year” means January 1st through December 31st. e. “Indian Lands” has the meaning ascribed to it in Section 3.08.050 of the Agua Caliente Tribal Code.
f. “Notice” means all notices, requests, consents, claims, demands, waivers, and other communications hereunder sent to a Party in accordance with Section 13(d) hereof.

Item 1M - Page 8
55575.18140\40814210.2
3 g. “Public Safety” means the provision of law enforcement, emergency medical services, fire suppression and prevention, and emergency management by the City or a government or private entity that the City contracts with.
h. “Term” means the term of this Agreement as specified in Section 3 hereof. i. “Tribal Council” means the Agua Caliente Tribal Council. j. “Tribal Sales Tax” means the sales tax imposed and collected pursuant to Chapter 3.08 of the Agua Caliente Tribal Code.

5. Distribution of City Allocation. Commencing on the Commencement Date and during the Term of this Agreement, the Tribe will remit the City Allocation to the City in accordance with this Agreement. The Tribe will remit the City Allocation to the City four times each Fiscal Year, with the Tribe remitting (a) the first City Allocation within thirty (30) days following the due date for tax returns and payments for the first Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the first Fiscal Quarter; (b) the second City Allocation within thirty (30) days following the due date for tax returns and payments for the second Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the second Fiscal Quarter; (c) the third City Allocation within thirty (30) days following the due date for tax returns and payments for the third Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the third Fiscal Quarter; and (d) the fourth City Allocation within thirty (30) days following the due date for tax returns and payments for the fourth Fiscal Quarter, representing the Tribal Sales Tax collected, net of any refunds allowed and paid, from non-Indian retailers for the fourth Fiscal Quarter. The obligations of this Section 5 shall only apply Tribal Sales Tax funds collected from non-Indian retailers located on lands owned by an individual Indian(s) which is either held in trust by the United States or is subject to a statutory restriction on alienation.

6. Permissible Uses of Tribal Sales Tax. The Parties acknowledge and agree that it is within the Tribe’s sole and absolute authority to use Tribal Sales Tax funds to fund any governmental service that benefits the Reservation community, whether this service is provided by the Tribe, City, or any other governmental entity. The Parties further acknowledge and agree that the Tribe’s distribution of City Allocation funds to the City is meant to fund governmental services that benefit portions of the Reservation located within the territorial boundaries of the City. The City agrees that it shall only use City Allocation funds to fund Public Safety and that the Tribe’s distribution of City Allocation funds to the City is conditioned upon the City’s compliance with this requirement. The City may carryover any remaining portion of City Allocation funds not expended in the then current Fiscal Year to the next Fiscal Year to fund governmental services in accordance with this Agreement.

7. Annual Tribal Sales Tax Report. By March 31, 2024 and by March 31st of each Fiscal Year thereafter, the City shall prepare and transmit to the Tribe a Tribal sales tax report. The annual Tribal sales tax report shall be in a form acceptable to the Tribe and shall include the following information:
a. Total Tribal Sales Tax Revenue Received. The total amount of City Allocation funds that the City received during the prior Fiscal Year.
b. Description of Budgeted Expenditures. A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City identified to fund (i.e., budgeted) using City Allocation funds during the prior Fiscal Year.

Item 1M - Page 9
55575.18140\40814210.2
4 c. Description of Actual Expenditures. A listing of all services, supplies, capital outlays, employee expenses, and any other costs or expenses that the City funded using City Allocation funds during the prior Fiscal Year.
d. Carryover. The amount of City Allocation funds not expended during the prior Fiscal Year and carried over to the then current Fiscal Year.
e. Certification. A certification, executed by the mayor or the mayor’s designee, certifying the receipt and the use of City Allocation funds in accordance with this Agreement.

8. Recapture. In the event the City does not comply with the terms of this Agreement, is otherwise in default, or falsifies any documents required under this Agreement, the City, pursuant to the provisions herein shall refund to the Tribe an amount equivalent to the extent of noncompliance within thirty (30) days of receipt of a written notice of noncompliance.

9. Non-Appropriation of Funds. All obligations of the Tribe under this Agreement are subject to the availability of Tribal Sales Tax funds and the City acknowledges that the ability of the Tribe to perform under this Agreement is contingent upon the continued availability of these funds. The Tribe has no obligation to make distributions under this Agreement from any other revenue or funding source apart from the Tribal Sales Tax funds the Tribe sets aside to carry out the purposes of this Agreement. The Tribe’s decisions with respect to the City Allocation are within the exclusive discretion of the Tribal Council.

10. Indemnification. The City agrees to defend, indemnify, and hold harmless the Tribe, its Tribal Council, and each member thereof, and its officers, agents, and employees, against any and all claims, lawsuits, judgments, causes of action, costs, and expenses for personal injury (including death), property damage, or other harm for which recovery of damages is sought, suffered by any person or persons, that may arise out of or be occasioned by the City’s breach of any of the terms or provisions of this Agreement, or by any negligent act or omission of the City, its officers, agents, servants, employees, contractors, or subcontractors, in the performance of this Agreement; except that the indemnity provided for in this Section shall not apply to any liability resulting from the sole negligence of the Tribe, its officers, agents, employees, or separate contractors. The provisions of this Section are solely for the benefit of the Parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity.

Both Parties expressly agree that this Agreement does not assign any responsibility for civil liability to the Tribe that may arise by virtue of this Agreement.

11. No Opposition. In consideration for the City’s receipt of City Allocation funds from the Tribe, the City agrees not to oppose the Tribe’s exercise of its inherent and constitutional right to impose and collect the Tribal Sales Tax on Indian Lands.

12. Termination. Either Party may terminate this Agreement without cause by providing the non-terminating Party no less than ninety (90) days prior written notice of the effective date of termination.

The Tribe may also terminate this Agreement for breach of any provision of this Agreement, upon written notice of the breach and the City shall have ten (10) days after receipt of the written notice in which to cure the breach to the satisfaction of the Tribe. If the City fails to cure the breach to the satisfaction of the Tribe within the timeframe set forth herein, the Tribe may proceed with terminating this Agreement as set forth above.

13. Appeal Process. If the City wishes to appeal any decision of the Tribe relating to this Agreement, the City shall present its appeal to the Tax Director in writing within ten (10) business days of the Tribal action giving rise to the appeal. Upon receipt of the appeal and within a reasonable amount of Item 1M - Page 10
55575.18140\40814210.2
5 time, the Tax Director will present the appeal to the Tribal Council for consideration. The Tribal Council will review the appeal within thirty (30) days of the Tribe’s receipt and decide whether to grant, conditionally grant, or deny the appeal. The decision of the Tribal Council shall be final and shall not be appealable.

14. Miscellaneous Provisions.
a. Expenses. All costs and expenses incurred in connection with this Agreement and each agreement, document, and instrument contemplated by this Agreement and the transactions contemplated hereby and thereby shall be paid by the Party incurring such costs and expenses. b. Further Assurances. Each of the Parties shall execute and deliver such additional documents, instruments, conveyances, and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect to the transactions contemplated hereby and thereby.
c. Notices. All Notices shall be in writing and shall be deemed to have been given (i) when delivered by hand (with written confirmation of receipt); (ii) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (iii) on the date sent by facsimile or email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; or (iv) on the third (3rd) day after the date mailed, by certified or registered mail (in each case, return receipt requested, postage prepaid). Notices must be sent to the respective Parties at the following addresses (or at such address for a Party as shall be specified in a Notice given in accordance with this Section 13(d):

If to Tribe: Agua Caliente Band of Cahuilla Indians
Tax Department
5401 Dinah Shore Drive
Palm Springs, California 92264
Attention: Tax Director
With a copy to: Agua Caliente Band of Cahuilla Indians
Legal Department
5401 Dinah Shore Drive
Palm Springs, California 92264
Attention: General Counsel
If to City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Attention: City Manager
With a copy to:
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Attorney
d. Interpretation. For purposes of this Agreement, (i) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (ii) the word “or” is not exclusive; and (iii) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to this Agreement as a Item 1M - Page 11
55575.18140\40814210.2
6 whole. Unless the context otherwise requires, references herein: (iv) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (v) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (vi) to a statute means such statute as amended, renumbered, or restated from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the Party drafting an instrument or causing any instrument to be drafted. The schedules and exhibits referred to herein shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein.
e. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
f. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. g. Amendment and Modification. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. h. Waiver. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
i. Cumulative Remedies. The rights and remedies under this Agreement are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise.
j. Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned, or delayed. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the assigning or delegating Party of any of its obligations hereunder.
k. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective permitted successors and permitted assigns. l. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective permitted successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

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7 m. Governing Law. This Agreement is made, entered into, and performed within the Agua Caliente Indian Reservation, and shall in all respects be interpreted, enforced, and governed by the following applicable laws, which are stated in their order of priority in the event of a conflict between them:
the laws of the United States, the laws of the Agua Caliente Band of Cahuilla Indians, and the laws of the State of California. This Agreement shall not be construed either for or against Tribe or City, but this Agreement shall be interpreted in accordance with the general tenor of the language in an effort to reach an equitable result.
n. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. o. Relationship of the Parties. Nothing herein shall be construed to create a joint venture or partnership between the Parties hereto or agency relationship. Neither Party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other Party or to bind the other Party to any contract, agreement, or undertaking with any third party. p. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the Effective Date.

TRIBE CITY

By: _____________________________________
Reid D. Milanovich
Chairman
By: _____________________________________
Teresa Gallavan
City Manager
ATTEST
By: _____________________________________
Brenda Pree
City Clerk

Item 1M - Page 13
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8 APPROVED AS TO FORM
By: _____________________________________
John T. Plata
General Counsel

APPROVED AS TO FORM
By: _____________________________________
Jeffrey S. Ballinger
City Attorney

Item 1M - Page 14

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT NO. A9329 WITH SCI

CONSULTING GROUP FOR DISTRICT ADMINISTRATION, TAX ROLL BILLING

AND RELATED SERVICES
RECOMMENDATION:

Approve Contract Service Agreement No. A9329 with SCI Consulting Group to provide district administration, tax roll billing and related services for a five-year term in an amount not to exceed $160,805 beginning January 1, 2023, through December 31, 2027.

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

2. Attachments
Item 1N

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT NO. A9329 WITH SCI

CONSULTING GROUP FOR DISTRICT ADMINISTRATION, TAX ROLL

BILLING AND RELATED SERVICES
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Finance
SUMMARY:

Award a contract services agreement with SCI Consulting Group for district administration, tax roll billing and related services.

RECOMMENDATION:

1. Approve Contract Service Agreement No. A9329 (Attachment A) with SCI Consulting Group to provide district administration, tax roll billing and related services for a five-year term in an amount not to exceed $160,805 beginning January 1, 2023 through December 31, 2027; and

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure form (Attachment B) submitted on October 27, 2022, SCI Consulting Group is registered in the state of California. The officers are Gerard van Steyn and John W. Bliss.

BACKGROUND:

The City seeks to utilize a firm that will provide administrative and professional services for the City’s various assessment districts, lighting & landscape maintenance districts, community facilities districts, and County Service Area (CSA) 152. The City annually levies and collects special assessments to provide and maintain the facilities, improvements, and services within the Districts. The firm is to provide all necessary Item 1N - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Award District Administration Services Contract
documents required by law for fee collections by the City and County tax rolls to perform services and maintenance within the Districts.

STAFF ANALYSIS:

The Finance Department worked with the Procurement and Contracting Department to issue a Request for Proposals (RFP) to find a contractor for the needed services. The RFP was advertised in the local newspaper and published on the PlanetBids website.

Four proposals were received and evaluated by an evaluation team made up of City staff from the Finance and Engineering Departments. The proposals were evaluated against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, and price. SCI Consulting Group was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 3A, Community Infrastructure – Improve City Facilities.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2022-23.

REVIEWED BY:

Department Director: Nancy Pauley
Procurement Manager: Kim Baker
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Agreement No. A9329
B. Public Integrity Disclosure
Item 1N - Page 2

ATTACHMENT A

Item 1N - Page 3
Revised 2.9.22 Page 1 of 20
CONTRACT SERVICES AGREEMENT A9329

DISTRICT ADMINISTRATION, TAX ROLL BILLING

AND RELATED SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on January 1, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and SCI CONSULTING GROUP, a California corporation, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a licensed and qualified firm to provide the City with Assessment Districts (AD’s), Lighting & Landscape Maintenance Districts (LLMD’s), Community Facilities Districts (CFD’s), County Services Area (CSA), Tax Roll Billing and Related Consulting Services, (“Project”).

B. Contractor has submitted to City a proposal to provide Assessment Districts (AD’s), Lighting & Landscape Maintenance Districts (LLMD’s), Community Facilities Districts (CFD’s), County Services Area (CSA), Tax Roll Billing and Related Consulting Services, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $160,805.00.

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

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

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

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

4. PERFORMANCE SCHEDULE

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

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

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

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on January 1, 2023, and ending on December 31, 2027, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the Item 1N - Page 6
Revised 2.9.22 Page 4 of 20
right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action.

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

5. COORDINATION OF WORK

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

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

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

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, Item 1N - Page 7
Revised 2.9.22 Page 5 of 20
unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

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

Name: Title:

John Bliss President
Edric Kwan Assessment Engineer
Susan Barnes Project Manager
Valerie Flores Senior Consultant

5.6 California Labor Code Requirements.

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

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

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

7. INDEMNIFICATION.

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

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

8. RECORDS AND REPORTS

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

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

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

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must Item 1N - Page 10
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be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay Item 1N - Page 11
Revised 2.9.22 Page 9 of 20
or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

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

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: SCI Consulting Group
Attention: John W. Bliss
4745 Mangels Blvd.

Fairfield, CA 94534

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

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

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

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

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

Item 1N - Page 12
Revised 2.9.22 Page 10 of 20

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

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

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON NEXT PAGE]
Item 1N - Page 13
Revised 2.9.22 Page 11 of 20

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND SCI CONSULTING GROUP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: ________ Item No. __
APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk
APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1N - Page 14
Revised 2.9.22 Page 12 of 20
EXHIBIT “A”
CONTRACTOR’S

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
Item 1N - Page 15
Revised 2.9.22 Page 13 of 20

1.1 Background:

The City seeks to utilize a firm that will provide administrative and professional services for the City’s various assessment districts, lighting & landscape maintenance districts, community facilities districts, and County Service Area (CSA) 152. The City annually levies and collects special assessments to provide and maintain the facilities, improvements and services within the Districts. The firm is to provide all necessary documents required by law for fee collections by the City and County tax rolls to perform services and maintenance within the Districts.

1.2 Scope:

The Contractor shall provide the following services:

A. Data Collection: Gather and review data pertinent to the administration of AD’s, LLMD’s, CFD’s, CSA. Data will be obtained from various sources such as assessor’s parcel maps, building permits and county assessor information as determined to be necessary based on the requirements of the Rate and Method of Apportionment. Maintain and periodically update a database of all parcels within the District and relevant parcel information.

B. Administrative Cost Recovery: Assist the City in identifying all costs associated with the administration of the districts and recover those costs through the levy process as outlined in 53317€ (e) and 53340 of the Government Code of the State of California. Such costs may include, but are not limited to: bank fees, legal fees, county tax collection fees, and costs and expenses of the City and its consultants related to administration of the Districts.

C. Special Tax Requirement: Calculate the annual Special Tax Requirement that will include all necessary components as outlined in the Rate and Method of Apportionment, such as funds necessary for authorized services and maintenance, administrative expenses, collection costs for direct financing of services or facilities, and credits as determined from the analysis of the funds.

D. Levy Calculation: Calculate the annual special tax levy for each parcel within the District following the guidelines established in the Rate and Method of Apportionment.

E. Meeting Attendance: Attend related City Council meetings as requested by the City.

F. Levy Submittal: Submit the levy to the County Auditor-Controller in the required format by the County’s deadline. Special Taxes rejected by the County Auditor-Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced directly to the parcel owner, with payment to be directed to the City.

G. Special Tax Levy Report: Provide an annual Special Tax Levy Report. This report will include a parcel listing with levy amounts and other parcel information, the details of the annual Special Tax Requirement, fund analysis, Item 1N - Page 16
Revised 2.9.22 Page 14 of 20
administrative expenses to be recovered, and status of the project and current issues affecting the District.

H. Additional Reporting: The Contractor will be a resource to the City by staying current and identifying any new legislation and reporting requirements as they relate to the Districts. For each of the following reporting requirements, the Contractor will review all pertinent documents and obtain the information needed to:

1. Prepare the required reporting to the California State Controller’s Office California Government Code, Section 12463.2, enacted as port of AB 2109. Provide to City staff for inclusion in the annual financial transaction report.

2. Assist in the filing of the SB 165 report to the City Council each year to comply with legislation that enforces additional reporting requirements.

California Government Code, Section 50075.3 or 53411.

3. Prepare other reports as required by any State and/or Federal disclosure reporting requirements pertaining to each District, as applicable, amended, or newly enacted and required. This may be subject to addition fees.

I. Notice of Special Tax Disclosure: Provide Notice of Special Tax Disclosure notices to required parties as required by 53340.2 and 53341.5 of the Government Code of the State of California. The fee of any Notice of Special Tax shall be billed to the party requesting the disclosure form.

J. Consulting Support: Provide a phone number for use by the City, other interested parties, and property owners. Contractor’s staff will need to be available to answer questions regarding the District and ongoing collection of the special tax. Bilingual staff should be available for Spanish-speaking property owners.

1.3 Schedule:

Work will commence on the date of executed contract and all work shall be completed by end of contract date.

1.4 Compensation:

Work will be compensated upon delivery of services. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

Item 1N - Page 17
Revised 2.9.22 Page 15 of 20

1.5 District Names and Parcel Counts:

District District Parcel Count
RAD 2015-1

1. RAD 2015-1 (AD 161) 161 308

2. RAD 2015-1 (AD 162) 162 94

3. RAD 2015-1 (AD 164) 164 196

4. CFD 2005-1 CFD 2005-1 2,825

5. CFD 2007-1 CFD 2007-1 120

6. SLMD # 3 SLMD 3 75

7. PMD # 6A PMD 6A 25

8. PMD # 6C PMD 6C 30

9. PMD # 7 PMD 7 53

10. PMD # 8 PMD 8 62

11. PMD # 9 PMD 9 77

12. PMD # 10 PMD 10 308

13. PMD # 10 Zone 2 PMD 10 Zone 2 196

14. SLMD # 12 SLMD 12 11

15. CSA 152 NPDES CSA 152 28,661

16. Wastewater and PY

17. Solid Waste

18. Nuisance Abatement None in FY 21/22
Item 1N - Page 18
Revised 2.9.22 Page 16 of 20
Item 1N - Page 19
ITEM
1 2
3 4
5 ATTACHM ENT "F"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 07-23)

DISTRICT ADMINISTRATION, TAX ROLL BILLING AND RELATED SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1 , Technical/Work Proposal*) DESCRIPTION Unit of Estimated Rate SUBTOTAL
Measure Quantity
Total fees and Annual 1
expenses for services
per scope - Year 1 $38,750 $38,750
Total fees and Annual 1
expenses for services $29,175 $29,175
per scope - Year 2
Total fees and Annual 1
expenses for services
per scope - Year 3
$30,050 $30,050
Total fees and Annual 1
expenses for services $30,950 $30,950
per scope - Year 4
Total fees and Annual 1
expenses for services $31,880 $31,880
per scope - Year 5
TOTAL $160,805
Certified by: John W. Bliss
Firm Name SCI Consultin~
Signature of Authorized P= ~ - -+-l--~--~~'------------ Printed Name --"-' Jo""h""' n""'W"""--' . B=liss ==---7 ______________ _ Title: President
Date October 27 2022
Revised 2.9.22 Page 17 of 20
EXHIBIT “B”

INSURANCE PROVISIONS
Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 1N - Page 20
Revised 2.9.22 Page 18 of 20

INSURANCE

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

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

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

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

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

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

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

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

3. Primary Insurance. For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1N - Page 21
Revised 2.9.22 Page 19 of 20
contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

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

Item 1N - Page 22
Revised 2.9.22 Page 20 of 20
D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

Item 1N - Page 23

ATTACHMENT B
Item 1N - Page 24
_____________________________________________________________________________________________ CITY OF PALM SPRINGS PAGE 15 OF 23
PROPOSAL FOR RFP NO. 07-23 – DISTRICT ADMINISTRATION, TAX ROLL BILLING AND RELATED SERVICES BY SCIConsultingGroup, October 2022
Item 1N - Page 25

1. Name of Entity
SCI Consultin Grou
ATTACH E T 11 D"

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

2. Address of Entity (Principal Plaoe of Business)
4745 Man els Blvd. Fairfield CA 94534

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

4. State where Entity is Registered with Secretary of State cali ornia
If other than California, is the Entity so reg,istered in California? D Yes No

5. Type of Entity
::xi Corporation D Limited Liabi ty Company C Partnership Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: ff 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
_____ J_oh_n_ W_._B_li_ss ____ [x) Offioer Director D Member O Manager [name] D General Partner Limited Partner
Gerard va Steyn
(name]
• other ___________ _
x Officer D Director ember D Manager
General Partner D limited Partner
Other -----------
--------------• Officer Director ember D Manager
[name] D General Partner Limited Partner
D Other __________ _
_____________________________________________________________________________________________ CITY OF PALM SPRINGS PAGE 16 OF 23
PROPOSAL FOR RFP NO. 07-23 – DISTRICT ADMINISTRATION, TAX ROLL BILLING AND RELATED SERVICES BY SCIConsultingGroup, October 2022
Item 1N - Page 26

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

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

Gerard van Stey:n 80%, SCI Consulting Groue
[ name of owner/investor] (percentage of beneficial interest in entity and name of entity]
B.

John W. Bliss 20%z SCI Consulting Grou~
[ name of owner/investor] [percentage of benefic·a1 interest in entity and name of entity]
C.
[ name of owner/investor] [percentage of beneficial interest in entity and name of entity]
0 .
(name of owner/investor) [percentage of beneficial interest in entity and name of entity]
E.
(name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNO ER PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE .ANO CORRECT.

Signature o Disclosing Party, Printed ame, Ti e Date . / •,. u. John W. Bl iss, President 10/27/2022

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP BUSINESS

SOLUTIONS
RECOMMENDATION:

In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of office supplies from ODP Business Solutions, pursuant to the Omnia Cooperative Contract R190303 for an amount of $300,000 for an eighteen-month period with an option to extend for five additional years as outlined on the attached Participation Agreement.

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

Attachments
Item 1O

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 CONSENT CALENDAR
SUBJECT: AUTHORIZE THE PURCHASE OF OFFICE SUPPLIES FROM ODP

BUSINESS SOLUTIONS
FROM: Teresa Gallavan, Interim City Manager
BY: Procurement and Contracting Department
SUMMARY:

This action will authorize the purchase of office supplies from ODP Business Solutions, LLC (formerly Office Depot) by entering into a Participation Agreement for utilization of a cooperative contract.

RECOMMENDATION:

1. In accordance with Section 7.09.010 “Cooperative Purchasing Programs,” of the Palm Springs Municipal Code, authorize the purchase of office supplies from ODP Business Solutions, pursuant to the Omnia Cooperative Contract R190303 for an amount of $300,000 for an eighteen-month period with an option to extend for five additional years as outlined on the attached Participation Agreement (Attachment A).

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

BUSINESS PRINCIPAL DISCLOSURE:

According to its Certificate of Status, Revised Bylaws, and Statement of Information, ODP Business Solutions., is a Limited Liability Company formed in the State of Florida (Attachment B).

BACKGROUND:

The Procurement Department has been working diligently to revise the way the City purchases office supplies to make the process more transparent and efficient. The City is looking to move away from purchasing office supplies through a claim voucher process and removing limitations on the purchase of furniture to a Council approved agreement with purchase orders based on approved office supply budgets that allow more flexibility and transparency.

Item 1O - Page 1
City Council Staff Report
December 5, 2022-- Page 2
Purchase of Office Supplies
STAFF ANALYSIS:

An analysis of the yearly expenditures for office supplies has been conducted. The City has spent approximately $167,000 over the past fiscal year, not including furniture items.

An estimate was prepared of the total needs, including smaller furniture purchases, and the amount needed for each year is estimated to be $200,000 per year. Therefore, staff is looking to leverage the remaining term on the cooperative Omnia contract by entering into a participation agreement under that contract for $300,000 over an eighteen-month initial contract term. The eighteen-month period is based on the remaining term of the cooperative contract. The Cooperative has an option to extend the contract for an additional five years. If Omnia extends the contract, the City will have the ability to extend our participation in that contract also to include a possible five-year extension.

Therefore, staff is requesting approval to enter into an initial eighteen-month participation agreement with a five-year option to renew for an initial amount not to exceed $300,000 and approximately $200,000 a year for any option years that are exercised by the City Manager.

This Agenda Item was presented at the November 28, 2022, Council meeting but was tabled to get more information about the company's medical benefit policies to make sure there were no discriminatory policies present. The City Attorney and staff reviewed ODPs medical benefits policies and found that they meet or exceed the City’s equal benefits requirements, including provision of gender transition surgery. In addition, ODP received a perfect score of 100 on the Human Rights Campaign Foundation’s 2022 Corporate Equality Index, the nation’s foremost benchmarking survey and report measuring corporate policies and practices related to LGBTQ+ workplace equality. The 2022 CEI rates companies on detailed criteria falling under four central pillars: non-discrimination policies across business entities, equitable benefits for LGBTQ+ workers and their families, supporting an inclusive culture, and corporate social responsibility. (Attachments C & D.)
ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to approve contracts for the above-mentioned services, and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The requested action aligns with the City Council Priority 4D, Good Governance.

Item 1O - Page 2
City Council Staff Report
December 5, 2022-- Page 3
Purchase of Office Supplies
FISCAL IMPACT:

Sufficient funds are budgeted and available in the current fiscal year in various departments’ budgets Account 50035 Materials and Supplies and will be budgeted in future fiscal years.

REVIEWED BY:

Procurement Manager: Kim Baker
Deputy City Manager: Jeremy Hammond
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Participation Agreement
B. Business Disclosure Form
C. Human Rights Article
D. Employer Ranking
Item 1O - Page 3

ATTACHMENT A
Item 1O - Page 4
1 EXECUTION COPY
REGION 4 ESC PARTICIPATION AGREEMENT

BETWEEN

CITY OF PALM SPRINGS
AND

ODP BUSINESS SOLUTIONS, LLC
This Participation Agreement (“Participation Agreement”) of is made and entered into this November 21, 2022 ("Effective Date"), by and between City of Palm Springs, located at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 (hereinafter referred to as the "Customer"), and ODP Business Solutions, LLC, a Delaware limited liability company, with principal offices located at 6600 North Military Trail, Boca Raton, FL 33496 (hereinafter referred to as "ODP").

RECITALS
WHEREAS, on April 23, 2019, and effective as of June 1, 2019, Region 4 Education Service Center through OMNIA Partners, Public Sector (“REGION 4 ESC”) awarded ODP Contract No. R190303 for Office Supplies, Related Products and Services (the “Master Agreement”), which permits government entities to purchase goods and services in accordance with terms and conditions set forth in the Master Agreement;
WHEREAS, Customer has chosen to become a participating government agency under the Master Agreement, and Customer has registered with REGION 4 ESC to become a participating government agency and is eligible to purchase under the Master Agreement; and WHEREAS, the undersigned representative of Customer is authorized, on behalf of Customer, to contract with ODP for the purchase of office supplies, related products and services in accordance with the terms of the Master Agreement and this Participation Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, benefits and promises herein stated and in conjunction with the cooperative agreement referenced, the parties hereto agree to the following terms and conditions:

1. INCORPORATION OF MASTER AGREEMENT.

The purpose of this Participation Agreement is to allow the Customer to purchase office supplies, related products and services from ODP at the discounted prices set forth in the Master Agreement.

To that end, the Master Agreement is hereby incorporated by reference as if set forth herein in its entirety, including all subsequent amendments thereto.

2. CREDIT TERMS.

Customer's credit limit shall be established by ODP’s credit department. ODP reserves the right to lower Customer’s credit limit or refuse to ship any orders if at any time: (a) Customer’s account is materially past due and Customer has not responded with a reasonable response within three (3) business days of written notice of said delinquency to work with ODP to resolve the issues; (b) in ODP’s commercially reasonable opinion, Customer’s credit standing becomes impaired as a result of Customer’s payment habits having slowed down to an unsatisfactory level with all non-critical suppliers including ODP; (c) Customer’s financial condition becomes unstable based on Customer’s financial reports or reputable third party ratings, or (d) if there are severe risk alerts from reputable third party credit bureaus.

3. NOTICES.

All notices, requests, demands and other communications under this Participation Agreement shall be given in writing. Such notices shall be deemed to have been given when delivered in person or three (3) business days after being sent via certified mail or upon delivery if sent via reputable overnight delivery service and addressed to the appropriate party at its mailing address set forth below:

DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 DocuSign Envelope ID: 4E660023-0A2F-4222-8A79-C452493BFC0E A9324
Item 1O - Page 5
I
2 EXECUTION COPY
To Customer: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Kim Baker
Procurement and Contracting Manager
To ODP : ODP Business Solutions, LLC
6600 North Military Trail
Boca Raton, FL 33496
Attn: Vice President
With a copy to: ODP Business Solutions, LLC
6600 North Military Trail
Boca Raton, FL 33496
Attn: Office of the General Counsel

5. TERM AND TERMINATION. This Agreement shall commence on the Effective Date and terminate June 30, 2024, unless the term of the Master Agreement is extended, at which time this Agreement will continue through any renewal term of the Master Agreement, which is anticipated to be June 30, 2029. Either party may terminate this Participation Agreement for convenience by providing the other party sixty (60) days prior written notice.

6. COMPENSATION AND PAYMENT. This Agreement is for an amount not to exceed Two Hundred Thousand Dollars ($200,000.00) annually, subject to approved amendments and changes.

IN WITNESS WHEREOF, Customer and ODP have executed this Participation Agreement on the Effective Date.

ODP BUSINESS SOLUTIONS, LLC CITY OF PALM SPRINGS
By: __________________________________ APPROVED BY CITY COUNCIL:

Name: Sharalyn Sowers Date: _______ Item No. ________
Title: Vice President
Date:

APPROVED AS TO FORM:

By: _____________________________
City Attorney
ATTEST:

By: _____________________________
Interim City Clerk
APPROVED:

By: _____________________________
Date: ____________________________
City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,00
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 11/10/2022
DocuSign Envelope ID: 4E660023-0A2F-4222-8A79-C452493BFC0E Item 1O - Page 6
~ DocuSigned by:
~~

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION

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

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

NAME OF CONTRACTOR/VENDOR: ___ODP Business Solutions, LLC_ NAME and TITLE of Authorized Representative:
(Print) ___Sharalyn Sowers____________________________________________________________ Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________ DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 11/10/2022
DocuSign Envelope ID: 4E660023-0A2F-4222-8A79-C452493BFC0E Item 1O - Page 7
~ DocuSigned by:
~~

ATTACHMENT B
Item 1O - Page 8
ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL (Electronic File #1)
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

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

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

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

DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 Item 1O - Page 9
What Must I Disclose?
A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

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

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

What if I Have Questions?

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

DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 Item 1O - Page 10

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
ODP Business Solutions, LLC

2. Address of Entity (Principal Place of Business)
6600 North Military Trail

3. Local or California Address (if different than #2)
79-190 Hwy 111, La Quinta, CA 92253

4. State where Entity is Registered with Secretary of State Boca Raton, FL 33496
If other than California, is the Entity also registered in California? X Yes  No

5. Type of Entity
X Corporation X Limited Liability Company  Partnership  Trust  Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
_Gerry P. Smith, CEO, The ODP Corporation________ X Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
X Other _Board of Directors/CEO____
David Centrella, President, ODP Business Solutions, LLC__________________ X Officer  Director  Member  Manager
[name]  General Partner  Limited Partner
Other __________________________
________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other__________________________
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 Item 1O - Page 11
I 7
' -
- --
' -

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

EXAMPLE

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

Blackrock Inc.
[name of owner/investor]

15.57%
[percentage of beneficial interest in
entity and name of entity]
B.

HG Vora Capital Management, LLC
[name of owner/investor]

10.91%
[percentage of beneficial interest in
entity and name of entity]
C.

Vanguard Group, Inc. (The)
[name of owner/investor]

10.41%
[percentage of beneficial interest in
entity and name of entity]
D.

Dimensional Fund Advisors LP
[name of owner/investor]

6.77%
[percentage of beneficial interest in
entity and name of entity]
E.
[name of owner/investor]
[percentage of beneficial interest in
entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title
Sharalyn Sowers, Vice President
Date
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 11/10/2022
Item 1O - Page 12
~ DocuSigned by:
~~
City of Palm Springs, CA.

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

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

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

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

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

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

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

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

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

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%
DocuSign Envelope ID: BDAF2F5C-7301-45D2-B6FF-682EE55D9227 Item 1O - Page 13

ATTACHMENT C
Item 1O - Page 14
January 27, 2022 09:00 AM Eastern Standard Time
BOCA RATON, Fla.--(BUSINESS WIRE)--Office Depot, a wholly owned subsidiary of The ODP Corporation (NASDAQ:ODP), a leading provider of business services, products and digital workplace technology solutions through an integrated B2B distribution platform with an online presence and approximately 1,100 stores, today announced that it received a perfect score of 100 on the Human Rights Campaign Foundation’s 2022 Corporate Equality Index, the nation’s foremost benchmarking survey and report measuring corporate policies and practices related to LGBTQ+ workplace equality. This is the eleventh year in a row year that Office Depot has been recognized with top marks. “We’re honored to receive a 100 percent score on the Human Rights Campaign Foundation’s Corporate Equality Index for the eleventh consecutive year,” said Zoë Maloney, executive vice president and chief human resources officer for The ODP Corporation. “Our associates play a vital role in serving our communities and our customers – and our diverse perspectives, ideas, and experiences are what drive our success.” The 2022 CEI rates companies on detailed criteria falling under four central pillars: non-discrimination policies across business entities, equitable benefits for LGBTQ+ workers and their families, supporting an inclusive culture, and corporate social responsibility. Office Depot’s efforts in satisfying all of the CEI’s criteria earned a 100 percent ranking and the designation as one of the Best Places to Work for LGBTQ+ Equality. “When the Human Rights Campaign Foundation created the Corporate Equality Index 20 years ago, we dreamed that LGBTQ+ workers—from the factory floor to corporate headquarters, in big cities and small towns—could have access to the policies and benefits needed to thrive and live life authentically,” said Jay Brown, senior vice president of programs, research and training for the Human Rights Campaign. “We are proud that the Corporate Equality Index paved the way to that reality for countless LGBTQ+ workers in America and abroad. But there is still more to do, which is why we are raising the bar yet again to create more equitable workplaces and a better tomorrow for LGBTQ+ workers everywhere.

Congratulations to Office Depot for achieving the title of ‘best places to work for LGBTQ+ equality’ and working to advance inclusion in the workplace.”
For more information on the 2022 Corporate Equality Index, or to view the full report, visit www.hrc.org/cei.

Office Depot Earns Top Score in Human Rights Campaign
Foundation’s 2022 Corporate Equality Index
Company Receives 100 Percent on Human Rights Campaign Foundation’s Annual Assessment of LGBTQ+ Workplace Equality for the Eleventh Consecutive Year Item 1O - Page 15
Office DEPOT.

OfficeMax
The Human Rights Campaign Foundation is the educational arm of the Human Rights Campaign (HRC), America's largest civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people.

Through its programs, the HRC Foundation seeks to make transformational change in the everyday lives of LGBTQ+ people, shedding light on inequity and deepening the public’s understanding of LGBTQ+ issues, with a clear focus on advancing transgender and racial justice.

About Office Depot
Office Depot, LLC is a wholly owned subsidiary of The ODP Corporation (NASDAQ:ODP), a leading provider of business services and supplies, products and digital workplace technology solutions to small, medium and enterprise businesses, through an integrated business-to-business (B2B) distribution platform, which includes world-class supply chain and distribution operations, dedicated sales professionals and technicians, online presence, and approximately 1,100 stores.

Through its banner brands Office Depot®, OfficeMax®, ODP Business Solutions™, Varis™ and Grand&Toy®, as well as others, the company offers its customers the tools and resources they need to focus on their passion of starting, growing and running their business. For more information, visit news.theodpcorp.com and follow @officedepot on Facebook, Twitter and Instagram.

ODP, ODP Business Solutions and Office Depot are trademarks of The Office Club, Inc. OfficeMax is a trademark of OMX, Inc. Varis is a trademark of Varis, LLC. Grand&Toy is a trademark of Grand & Toy, LLC in Canada. ©2022 Office Depot, LLC. All rights reserved. Any other product or company names mentioned herein are the trademarks of their respective owners.

Contacts
Rebecca Rakitin
Office Depot
[email protected]
Danny Jovic
Office Depot
[email protected]
Tweets from @officedepot Follow on Twitter
Office Depot @officedepot · 17h
Official
Because one day just isn’t enough. Shop Cyber Deals all week long.

Item 1O - Page 16
----
•
officedepot.com
Shop Cyber Week Deals
2 Office Depot @officedepot · Nov 26
Official
It’s the biggest day for online shopping! Shop Cyber Monday markdowns on the latest tech, furniture and more.

Item 1O - Page 17
0 0
•
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CD
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ATTACHMENT D
Item 1O - Page 18
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 1/47 Best Places to Work for LGBTQ+ Equality
2022
Produced by the HRC Foundation
SHARE
Human Rights Campaign Foundation’s Corporate Equality Index is the national benchmarking tool on corporate policies, practices and benefits pertinent to lesbian, gay, bisexual, transgender and queer employees.

R E S O U R C E S
Item 1O - Page 19
<
• 1n f
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 2/47 The Human Rights Campaign Foundation is proud to recognize the 842 businesses that met all the criteria to earn a 100 percent rating and the designation of being a 2022 “Best Place to Work for LGBTQ+ Equality.”
Top-rated CEI employers come from nearly every industry and region of the United States. To earn top ratings, these employers took concrete steps to establish and implement comprehensive policies, benefits and practices that ensure greater equity for LGBTQ+ workers and their families.

Top-rated 2022 CEI participants:
• 3M Co.
• AbbVie Inc.
• Abercrombie & Fitch Co.
• Aberdeen Standard Investments
• Accenture
• Adidas North America Inc.
• Adobe Inc.
• ADP
• Advanced Micro Devices Inc.
• AECOM
• AIG
Item 1O - Page 20
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 3/47 • Air Liquide US, LLC
• Air Products & Chemicals Inc.
• Airbnb Inc.
• Airbus Americas Inc.
• Airlines Reporting Corporation (ARC)
• Akamai Technologies Inc.
• Akerman LLP
• Akin, Gump, Strauss, Hauer & Feld LLP
• Alcon Inc
• Alight Solutions
• AlixPartners LLP
• AllianceBernstein LP
• Alliant Energy Corp.
• Allianz Life Insurance Co. of North America
• Ally Financial Inc.
• Alston & Bird LLP
• Altice USA Inc.
• Altria Group Inc.
• Amalgamated Bank
• Amazon.com Inc.

Item 1O - Page 21
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 4/47 • AMC Entertainment Inc.
• Ameren Corp.
• American Airlines
• American Express Company
• American Express Global Business Travel
• American Family Mutual Insurance Company, S.I
• American Greetings Corp.
• AmerisourceBergen Corp.
• Amgen Inc.
• Andersen Corp.
• Anheuser-Busch Companies Inc.
• Anschutz Entertainment Group, Inc.
• Anthem Inc.
• Aon plc
• Apollo Global Management Inc.
• Apple Inc.
• Applied Materials Inc.
• AQR Capital Management LLC
• Aramark Corp.
• Arcadis U.S. Inc.

Item 1O - Page 22
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 5/47 • Archer Daniels Midland Co.
• Arconic
• Arent Fox LLP
• Ares Management LLC
• Armstrong Teasdale LLP
• Arnold & Porter Kaye Scholer LLP
• Arrow Electronics
• Arthur J. Gallagher & Co.
• Arup US, Inc.
• Ascena
• Associated Banc-Corp
• Assurant
• Astellas Pharma US Inc.
• AstraZeneca PLC
• Asurion LLC
• AT&T Inc.
• Atlassian
• Autodesk Inc.
• AvalonBay Communities Inc.
• Avery Dennison
Item 1O - Page 23
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 6/47 • Avient Corporation
• Avita Pharmacy
• BAE Systems Inc.
• Bain & Co. Inc./ Bridgespan Group
• Baker & Hostetler LLP
• Baker & McKenzie LLP
• Baker Botts LLP
• Baker Tilly US LLP
• Ball Corp.
• Ballard Spahr LLP
• Bank of America Corp.
• Bank of New York Mellon Corp., The
• Bank of the West
• Barclays
• Barilla America Inc.
• Barnes & Noble Inc.
• BASF Corp.
• Bass, Berry & Sims PLC
• Bath & Body Works, LLC
• Battelle Memorial Institute
Item 1O - Page 24
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 7/47 • Baxter International Inc.
• Bayer U.S. LLC
• BBVA USA
• Beam Suntory
• Becton, Dickinson and Co.
• Ben & Jerry's Homemade Inc.
• Berkshire Bank
• Best Buy Co. Inc.
• Biogen
• BioMarin Pharmaceutical Inc.
• Black & Veatch Holding Inc.
• BlackRock
• Blank Rome LLP
• Bloomberg LP
• Blue Cross & Blue Shield of Rhode Island
• Blue Cross Blue Shield of Florida Inc.
• Blue Cross Blue Shield of Massachusetts
• Blue Cross Blue Shield of Minnesota
• Blue Shield of California
• BlueCross BlueShield of Tennessee
Item 1O - Page 25
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 8/47 • BlueTriton Brands, Inc.
• BMO Financial Corp.
• BNP Paribas
• Boehringer Ingelheim USA Corp.
• Boeing Co.
• Boies Schiller Flexner LLP
• Booz Allen Hamilton Inc.
• Boston Consulting Group
• Boston Scientific Corp.
• Box Inc.
• BP America Inc.
• Bridgewater Associates LP
• Bristol Myers Squibb
• Broadridge Financial Solutions Inc.
• Brooks Sports Inc.
• Brown Advisory
• Brown Brothers Harriman & Co.
• Brown Rudnick LLP
• Brown-Forman Corp.
• Brownstein Hyatt Farber Schreck LLP
Item 1O - Page 26
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 9/47 • Bryan Cave Leighton Paisner LLP
• Buchalter, a Professional Corporation
• Buchanan Ingersoll & Rooney PC
• Buckley LLP
• C&S Wholesale Grocers Inc.
• Cadence Design Systems
• Cadwalader, Wickersham & Taft LLP
• Caesars Entertainment Inc
• Caleres
• Cambia Health Solutions Inc.
• Cambridge Associates LLC
• Capgemini America, INC
• Capital Area Services Company, LLC (CASCI)
• Capital Group Companies Inc., The
• Capital Markets Company NV, The
• Capital One Financial Corp.
• Cardinal Health Inc.
• CareFirst Inc.
• Cargill Inc.
• Cargo Transporters Inc.

Item 1O - Page 27
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 10/47 • CarGurus, Inc.
• Carlson Inc.
• Carlton Fields P.A.
• Carlyle Group LP, The
• CarMax Inc.
• Carnival Corp.
• Carrier Global Corporation
• CBRE Inc.
• CDW Corp.
• Celanese Corp.
• Celgene Corp.
• Cengage Learning Inc.
• Centene Corp.
• Cerner Corp.
• CGI
• Chapman and Cutler LLP
• Charles Schwab & Co. Inc.
• Chemonics International Inc
• Chevron Corp.
• CHG Healthcare Inc.

Item 1O - Page 28
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 11/47 • Chipotle Mexican Grill Inc.
• Choate, Hall & Stewart LLP
• Chobani
• Choice Hotels International Inc.
• Chubb Ltd.
• CIGNA Corp.
• Cimpress USA
• Cisco Systems Inc.
• Citigroup Inc.
• Citizens Financial Group
• Citrix Systems Inc.
• Cleary Gottlieb Steen & Hamilton LLP
• Clorox Co., The
• Cloudflare Inc
• CME Group Inc.
• CNA Financial Corporation
• CNO Financial Group Inc.
• Coca-Cola Co., The
• Cognizant Technology Solutions Corp.
• Colgate-Palmolive Co.

Item 1O - Page 29
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 12/47 • Comcast NBCUniversal
• Comerica Inc.
• Community Care Behavioral Health Organization
• Conagra Brands Inc.
• Conduent Incorporated
• ConocoPhillips
• Constellation Brands Inc.
• Cooley LLP
• CooperCompanies
• Cooper Tire & Rubber Co.
• Corning
• Corteva Agriscience
• Cosmopolitan of Las Vegas, The
• Covington & Burling LLP
• Cox Enterprises Inc.
• Cozen O'Connor
• Credit Suisse USA Inc.
• CrowdStrike Inc.
• Crowell & Moring LLP
• CSAA Insurance Group
Item 1O - Page 30
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 13/47 • Cubic Corporation
• Cummins Inc.
• CUNA Mutual Group
• Cushman & Wakefield
• CVS Health Corp.
• Danaher Corp.
• Daniel J. Edelman Inc.
• Danone North America
• Darden Restaurants Inc.
• Davis Polk & Wardwell LLP
• Davis Wright Tremaine LLP
• Day Pitney LLP
• Debevoise & Plimpton LLP
• Dechert LLP
• Del Monte Foods, Inc.
• Dell Technologies Inc.
• Deloitte LLP
• Deluxe Corp.
• Dentons US LLP
• dentsu international
Item 1O - Page 31
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 14/47 • Depository Trust & Clearing Corp., The
• Designer Brands
• Deutsche Bank
• Diageo North America
• Dickinson Wright PLLC
• Digitas
• Discover Financial Services
• Dixon Hughes Goodman LLP
• DLA Piper
• Dominion Energy
• DoorDash, Inc.
• Dorsey & Whitney LLP
• Dow
• Dropbox Inc.
• Duane Morris LLP
• Duke Energy Corp.
• Dun & Bradstreet Corp., The
• Dykema Gossett PLLC
• E&J Gallo Winery
• E. I. du Pont de Nemours and Co. (DuPont)
Item 1O - Page 32
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 15/47 • EAB
• Eastern Bank Corporation/Eastern Bankshares, Inc.
• Eastman Chemical Co.
• Eastman Kodak Co.
• Eaton Corp.
• eBay Inc.
• Ecolab Inc.
• Edison International
• Edward Jones
• Egon Zehnder International Inc.
• Electronic Arts Inc.
• Eli Lilly & Co.
• EMD Serono, MilliporeSigma and EMD Electronics
• Emerson Electric Co.
• Empower Retirement
• Enbridge
• Epsilon Data Management LLC
• Epstein Becker & Green PC
• Equinix
• Equitable
Item 1O - Page 33
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 16/47 • Ericsson Inc
• Ernst & Young LLP
• Estée Lauder Companies Inc., The
• Etsy Inc.
• Eversheds Sutherland (US) LLP
• Evolent Health Inc.
• Exelon Corp.
• Expedia Group
• Experian North America
• FactSet Research Systems Inc.
• Faegre Drinker Biddle & Reath LLP
• Farmers Insurance Group
• Federal Home Loan Mortgage Corp. (Freddie Mac)
• Federal National Mortgage Association (Fannie Mae)
• Federal Reserve Bank of Atlanta
• Federal Reserve Bank of Boston
• Federal Reserve Bank of Chicago
• Federal Reserve Bank of Cleveland
• Federal Reserve Bank of Dallas
• Federal Reserve Bank of Kansas City
Item 1O - Page 34
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 17/47 • Federal Reserve Bank of Minneapolis
• Federal Reserve Bank of New York
• Federal Reserve Bank of Philadelphia
• Federal Reserve Bank of Richmond
• Federal Reserve Bank of San Francisco
• Federal Reserve Bank of St Louis
• Fenwick & West LLP
• Fidelity National Information Services Inc.
• Fifth Third Bancorp
• Financial Industry Regulatory Authority Inc.
• Finnegan, Henderson, Farabow, Garrett & Dunner LLP
• First American Financial Corp.
• Fiserv Inc.
• Fish & Richardson PC
• Fisher & Phillips LLP
• Fitch Group Inc
• Fleishman-Hillard Inc.
• FMC Corp.
• Foley & Lardner LLP
• Foley Hoag LLP
Item 1O - Page 35
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 18/47 • Food Lion LLC
• Fortive Corp.
• Fossil Group Inc.
• Fox Rothschild LLP
• Franklin Templeton Investments
• Fredrikson & Byron
• Fried, Frank, Harris, Shriver & Jacobson LLP
• Frost Brown Todd LLC
• Fujitsu America, Inc.
• GameStop Corp.
• Gannett Co. Inc.
• Gap Inc.
• Gartner Inc.
• GE Appliances
• Genentech Inc.
• General Mills Inc.
• Genesco Inc.
• Genworth Financial Inc.
• Gerson Lehrman Group Inc
• Giant Eagle Inc.

Item 1O - Page 36
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 19/47 • Giant of Maryland LLC
• Gibson, Dunn & Crutcher LLP
• Gilead Sciences Inc.
• GlaxoSmithKline LLC
• Global Payments Inc.
• GODADDY Inc.
• Goldman Sachs Group Inc., The
• Goodwin Procter LLP
• Google Inc.
• Gordon Rees Scully Mansukhani, LLP
• Goulston & Storrs
• Grant Thornton LLP
• Grantham, Mayo, Van Otterloo & Co. (GMO) LLC
• Great River Energy
• Greenberg Traurig LLP
• Groupon Inc.
• Guardian Life Insurance Co. of America, The
• Guidehouse
• H&R Block Inc.
• Hallmark Cards Inc.

Item 1O - Page 37
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 20/47 • Hannaford Supermarkets
• Hanover Insurance Group Inc., The
• Hartford Financial Services Group Inc., The
• Hasbro Inc.
• Haynes and Boone LLP
• Health Care Service Corp.
• Hearst Corp., The
• Henry Schein Inc.
• HERE North America LLC
• Herman Miller Inc.
• Hershey Co., The
• Hertz Global Holdings Inc.
• Hess Corp.
• Hewlett Packard Enterprise Co.
• Highmark Blue Cross Blue Shield Delaware
• Highmark Inc.
• Highmark West Virginia
• Hilti Inc.
• HILTON
• Hinshaw & Culbertson LLP
Item 1O - Page 38
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 21/47 • Hitachi Vantara
• Hogan Lovells US LLP
• Holland & Hart LLP
• Holland & Knight LLP
• Horizon Blue Cross Blue Shield of New Jersey
• Houghton Mifflin Harcourt Co.
• Howmet Aerospace
• HP Inc.
• HSBC USA
• Humana Inc.
• Huntington Bancshares Inc.
• Hunton Andrews Kurth LLP
• Huron Consulting Group Inc.
• Husch Blackwell LLP
• Hyatt Hotels Corp.
• Hyundai Motor America
• Hyve Solutions Corporations
• IAC/InterActiveCorp.
• IBM Corp.
• Ice Miller LLP
Item 1O - Page 39
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 22/47 • IGT
• IHG Hotels & Resorts
• IHS Markit Ltd.
• IKEA Holding US Inc.
• Illinois Tool Works Inc.
• Illumina
• Impossible Foods
• Indeed Inc.
• Information Resources Inc.
• Infosys Limited Inc.
• Ingram Micro
• Insight Enterprises Inc.
• Instacart
• Integral Ad Science, Inc.
• Intel Corp.
• International Flavors & Fragrances
• Interpublic Group of Companies Inc.
• Intrado
• Intuit Inc.
• Invesco Ltd.

Item 1O - Page 40
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 23/47 • Iron Mountain Inc.
• J. Crew Group, LLC
• Jackson Lewis PC
• Jacobs Engineering Group Inc.
• Janus Henderson Investors
• Jenner & Block LLP
• JLL
• John Hancock Financial Services Inc.
• John Wiley & Sons Inc.
• Johnson & Johnson
• Johnson Controls Inc.
• Johnson Financial Group
• JPMorgan Chase & Co.
• JSX
• K&L Gates LLP
• Kaiser Permanente
• Katten Muchin Rosenman LLP
• Kearney
• Kelley Drye & Warren LLP
• Kellogg Co.

Item 1O - Page 41
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 24/47 • Kelly Services Inc.
• Kering Americas Inc.
• Keurig Dr Pepper Inc.
• KeyCorp
• Kilpatrick Townsend & Stockton LLP
• Kimberly-Clark Corp.
• Kimco Realty Corp.
• Kimpton Hotel & Restaurant Group LLC
• King & Spalding LLP
• Kirkland & Ellis LLP
• KKR & Co. LP
• Kobre & Kim
• Kohl's Corp.
• Korn Ferry
• KPMG LLP
• Kraft Heinz Company, The
• Kramer Levin Naftalis & Frankel LLP
• Kroger Co., The
• Kutak Rock LLP
• L3 Harris Technologies
Item 1O - Page 42
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 25/47 • Laboratory Corporation of America Holdings
• Lam Research Corp.
• Land O'Lakes Inc.
• Lane Powell PC
• Latham & Watkins LLP
• LendingClub
• Lendlease Americas Inc.
• LENOVO (UNITED STATES) INC.
• Leo Burnett Company Inc.
• Levi Strauss & Co.
• LexisNexis Legal & Professional
• Lexmark International Inc.
• Liberty Mutual Group
• Lincoln National Corp.
• LinkedIn
• Lions Gate Entertainment Corp.
• Littler Mendelson PC
• Live Nation Entertainment Inc.
• Locke Lord LLP
• Lockheed Martin Corp.

Item 1O - Page 43
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 26/47 • Loeb & Loeb LLP
• Lord, Abbett & Co. LLC
• L'Oréal USA Inc.
• Lowenstein Sandler LLP
• Lowe's Companies Inc.
• LPL Financial Holdings Inc.
• Lumen Technologies
• Lyft Inc.
• M&T Bank Corp.
• Macmillan Learning
• Macmillan Publishing Group
• Macquarie Group Ltd.
• Macy's Inc.
• Mallinckrodt LLC
• Manatt, Phelps & Phillips LLP
• ManpowerGroup
• Marathon Petroleum Corp.
• Marriott International Inc.
• Mars Inc.
• Marsh & McLennan Companies Inc.

Item 1O - Page 44
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 27/47 • Massachusetts Mutual Life Insurance Co.
• Mastercard
• Match Group
• Mattel Inc.
• Mayer Brown LLP
• McDermott Will & Emery LLP
• McDonald's Corp.
• McGraw Hill LLC
• McKesson Corp.
• McKinsey & Co. Inc.
• Medallia Inc.
• Medidata Solutions Inc.
• Medtronic PLC
• Meijer Inc.
• Merck
• Mesirow Financial Holdings Inc.
• Meta Platforms, Inc.
• MetLife Inc.
• MGM Resorts International
• Michael Best & Friedrich LLP
Item 1O - Page 45
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 28/47 • Michael Page International Inc
• Micron Technology Inc.
• Microsoft Corp.
• Milbank LLP
• Mintz, Levin, Cohn, Ferris, Glovsky & Popeo PC
• Mitchell Gold + Bob Williams
• Molson Coors Beverage Company
• Mondelez International Inc.
• Montgomery McCracken Walker & Rhoads LLP
• Moody's Corp.
• Moore & Van Allen PLLC
• Morgan Stanley
• Morgan, Lewis & Bockius LLP
• Morningstar Inc.
• Morris, Manning & Martin LLP
• Morrison & Foerster LLP
• Mosaic Co.
• Motorola Solutions Inc.
• MSL
• MUFG Union Bank, N.A.

Item 1O - Page 46
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 29/47 • Munger, Tolles & Olson LLP
• NASDAQ Inc.
• National CineMedia Inc.
• National Grid USA
• Nationwide
• NCR Corp.
• Nestle Health Science
• Nestlé Purina PetCare Co.
• Nestlé USA Inc.
• NetApp Inc.
• Neuberger Berman Group LLC
• New Belgium Brewing Company
• New York Life Insurance Company
• Newell Brands Inc.
• Nielsen
• NielsenIQ
• Nike Inc.
• Nixon Peabody LLP
• Nokia Inc.
• Nomura
Item 1O - Page 47
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 30/47 • Nordstrom Inc.
• Northern Trust Corp.
• Northrop Grumman Corp.
• Northwestern Mutual Life Insurance
• Norton Rose Fulbright
• NortonLifeLock
• Novartis Pharmaceuticals Corporation
• NTT DATA Services, LLC
• Nuance Communications
• NVIDIA Corp.
• Oaktree Capital Management LP
• Ocean Spray Cranberries Inc.
• Office Depot Inc.
• Ogilvy Group Inc., The
• Ogletree, Deakins, Nash, Smoak & Stewart
• O'Melveny & Myers LLP
• Omnicom Group
• ONEOK Inc.
• Oracle Corp.
• Orrick, Herrington & Sutcliffe LLP
Item 1O - Page 48
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 31/47 • Otis Worldwide Corporation
• Owens Corning
• Palo Alto Networks
• Papa John's International Inc.
• Parsons Corporation
• Patterson Belknap Webb & Tyler LLP
• Paul Hastings LLP
• PayPal Holdings Inc.
• Peapod Digital Labs LLC
• Peloton Interactive Inc.
• PepsiCo Inc.
• Perkins and Will Inc.
• Perkins Coie LLP
• Pernod Ricard USA LLC
• Pfizer Inc.
• PG&E Corp.
• Philip Morris International Inc.
• Philips
• Phillips 66
• Pillsbury Winthrop Shaw Pittman LLP
Item 1O - Page 49
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 32/47 • PIMCO LLC
• Pinterest Inc.
• Piper Sandler & Co.
• Pitney Bowes Inc.
• PNC Financial Services Group Inc., The
• Polsinelli
• Portland General Electric Co.
• PPG Industries Inc.
• PPL Corp.
• PricewaterhouseCoopers LLP
• Prime Therapeutics, LLC
• Principal Financial Group
• Procter & Gamble Co.
• Proskauer Rose LLP
• Prudential Financial Inc.
• PTC Inc
• Publicis Health
• Publicis Media
• Publicis NY
• Publicis Sapient
Item 1O - Page 50
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 33/47 • PVH Corp.
• QIAGEN LLC
• Quaintance-Weaver Management LLC
• Qualcomm Inc.
• Quantcast Corp.
• Quarles & Brady LLP
• Quest Diagnostics Inc.
• Quinn Emanuel Urquhart & Sullivan LLP
• Qurate Retail Group
• R1 RCM Inc
• Rackspace Technology
• Radisson Hospitality, Inc
• Ralph Lauren Corp.
• Randstad USA
• Raymond James Financial Inc.
• Raytheon Technologies Corp.
• RBC Capital Markets LLC
• RBC Wealth Management
• RE/MAX Holdings Inc.
• Re:Sources USA Inc.

Item 1O - Page 51
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 34/47 • Recreational Equipment Inc.
• Red Hat Inc.
• Reed Smith LLP
• Regions Financial Corp.
• Reinhart Boerner Van Deuren s.c.
• Relias LLC
• Replacements Ltd.
• Restaurant Brands International
• Retail Business Services
• Reynolds American Inc.
• RingCentral Inc.
• Riot Games Inc.
• Robert Bosch Corp.
• Robert Half
• Robert W. Baird & Co. Incorporated
• Robins Kaplan LLP
• Roche Diagnostics Corp.
• Rockland Trust Co.
• Rockwell Automation Inc.
• Rolls-Royce North America (USA) Holdings Co.

Item 1O - Page 52
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 35/47 • Ropes & Gray LLP
• Royal Caribbean Group
• RSM US LLP
• Rue Gilt Groupe
• S&P Global Inc.
• S.C. Johnson & Son Inc.
• Saatchi & Saatchi North America Inc.
• Salesforce
• Samsung Electronics America Inc.
• Sanofi
• SAP America Inc.
• SAS
• Saul Ewing Arnstein & Lehr LLP
• Schiff Hardin LLP
• Schulte, Roth & Zabel LLP
• Science Applications International Corp.
• Scotiabank USA
• Scotts Miracle-Gro Company
• Seacoast National Bank
• Seagate Technology plc
Item 1O - Page 53
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 36/47 • Sempra
• Sephora
• ServiceNow
• Seyfarth Shaw LLP
• Shake Shack Inc.
• Shearman & Sterling LLP
• Shell Oil Co.
• Sheppard, Mullin, Richter & Hampton LLP
• Sherwin-Williams Co., The
• Shook, Hardy & Bacon LLP
• Shutterstock Inc.
• Sidley Austin LLP
• Siemens Corp.
• Siemens Healthineers USA
• Siemens Medical Solutions USA Inc.
• Simpson Thacher & Bartlett LLP
• Sirius XM Radio Inc.
• Skadden, Arps, Slate, Meagher & Flom LLP
• Slalom
• Snell & Wilmer
Item 1O - Page 54
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 37/47 • Société Générale
• Sodexo Inc.
• Softchoice Corp.
• SONOS, INC.
• Sony Corporation of America
• Sony Electronics Inc.
• Sony Interactive Entertainment LLC
• Sony Pictures Entertainment Inc.
• Southern Co.
• Southwest Airlines Co.
• SPARC Group LLC
• Splunk Inc.
• Spotify USA Inc.
• Squire Patton Boggs
• Standard Chartered
• Standard Insurance Co.
• Stanley Black & Decker Inc.
• Starbucks Corp.
• State Farm Group
• State Street Corp.

Item 1O - Page 55
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 38/47 • Steelcase Inc.
• Steptoe & Johnson LLP
• Stinson LLP
• Stoel Rives LLP
• Stryker Corp.
• Subaru of America Inc.
• Sumitomo Mitsui Banking Corporation
• Sun Life
• Sunrun Inc.
• Sweetgreen, Inc.
• Synchrony
• SYNNEX Corp.
• T. Rowe Price Associates Inc.
• Takeda Pharmaceuticals USA Inc.
• Tapestry Inc.
• Target Corp.
• TD Bank, N.A.
• TD Securities (USA) LLC
• TDS Telecommunications, LLC
• TE Connectivity Inc.

Item 1O - Page 56
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 39/47 • Tech Data Corp.
• TEGNA Inc.
• Teradata Corp.
• Tesla Inc.
• Teva Pharmaceuticals USA Inc.
• Texas Instruments Incorporated
• The Blackstone Group Inc.
• The GIANT Company
• The Knot Worldwide
• The Neiman Marcus Group Inc.
• The Stop & Shop Supermarket Company, LLC
• Thermo Fisher Scientific Inc.
• Thompson Coburn LLP
• Thompson Hine LLP
• Thomson Reuters
• TIAA
• Tiffany & Co.
• Tillamook County Creamery Association
• T-Mobile USA Inc.
• TowerBrook Capital Partners
Item 1O - Page 57
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 40/47 • Toyota Motor North America Inc.
• TPG Global LLC
• Tractor Supply Company
• Transamerica Corp., The
• TransUnion
• Travel + Leisure Co.
• Travelers Companies Inc., The
• TripAdvisor Inc.
• Troutman Pepper Hamilton Sanders LLP
• Truist Financial
• Turner Construction Co.
• Twitter Inc.
• U.S. Bancorp
• Uber Technologies Inc.
• UBS AG
• UKG (Ultimate Kronos Group)
• UL Inc.
• Under Armour Inc.
• Unilever
• Union Pacific Corp.

Item 1O - Page 58
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 41/47 • United Airlines Holdings, Inc.
• United Natural Foods, Inc.
• United Parcel Service Inc.
• United Services Automobile Association
• United States Steel Corp.
• UnitedHealth Group Inc.
• Univar Solutions Inc.
• University of Phoenix
• Univision Communications Inc.
• Unum Group
• UPMC Health Plan
• Upwork Inc.
• UScellular
• UW Credit Union
• Vanguard Group Inc.
• Verizon Communications Inc.
• VERMEG SARL
• VF Corp.
• ViacomCBS
• Victoria's Secret & Co.

Item 1O - Page 59
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 42/47 • Vinson & Elkins LLP
• Visa
• VMLY&R
• VMware Inc.
• Vontier Corporation
• Vorys, Sater, Seymour and Pease LLP
• Vox Media Inc.
• Voya Financial
• W.W. Grainger Inc.
• Waddell & Reed Financial Inc.
• Walgreen Co.
• Walmart Inc.
• Walt Disney Co., The
• Warby Parker
• Warner Music Group
• Waters Corp.
• Wawa Inc.
• Wayfair
• WE Communications
• Weil, Gotshal & Manges LLP
Item 1O - Page 60
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 43/47 • WellCare Health Plans Inc.
• Wellmark Inc.
• Wells Fargo & Co.
• Wendy's Co., The
• West Monroe Partners LLC
• Western Digital Corp.
• Western Union Co., The
• WestRock
• Whirlpool Corp.
• White & Case LLP
• Wiley Rein LLP
• William Blair & Company LLC
• Williams & Connolly LLP
• Williams Mullen Clark & Dobbins
• Willis Towers Watson
• Willkie Farr & Gallagher LLP
• Wilmer Cutler Pickering Hale & Dorr LLP
• Wilson Sonsini Goodrich & Rosati PC
• Winston & Strawn LLP
• Wipro Ltd.

Item 1O - Page 61
11/29/22, 2:34 PM Best Places to Work for LGBTQ+ Equality 2022 - Human Rights Campaign https://www.hrc.org/resources/best-places-to-work-for-lgbtq-equality-2022 44/47 • WithumSmith+Brown, PC
• Womble Bond Dickinson (US) LLP
• Workday Inc.
• WPP Group USA
• Wunderkind Corporation
• Wyndham Hotels & Resorts Inc.
• Xcel Energy Inc.
• Xerox Corp.
• Xylem Inc.
• Yelp Inc.
• Yext Inc.
• Zara USA Inc.
• Zendesk Inc
• Ziff Davis
• Zillow Group
• Zimmer Biomet Holdings Inc.
• Zoetis Inc.
• ZS Associates Inc.

Item 1O - Page 62
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Item 1O - Page 65

CITY COUNCIL STAFF REPORT
12/05/2022
SUBJECT:

REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO THE

PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND TENTATIVE TRACT MAP FOR THE DREAM HOTEL TO INCLUDE THE ADDITION OF 24 CONDOMINIUM UNITS TO THE SOUTHEAST SECTION OF THE SITE; RECONFIGURATION OF THE 12 CONDOMINIUM UNITS AT THE NORTHWEST AREA OF THE SITE; AND AN INCREASE IN THE NUMBER OF TOWER CONDOMINIUM UNITS FROM 28 TO 29 UNITS AND MODIFICATIONS TO THE

FINAL LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT THE

NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE PDD 333, SECTION 14. (CASE 5.1132-PD 333/TTM 35236) (ER) RECOMMENDATION:

1. Open the public hearing and receive public testimony.

Close the public hearing and adopt a Resolution entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT

PLANS OF A PREVIOUSLY APPROVED FINAL PDD TO INCLUDE THE ADDITION OF TWENTY-FOUR RESIDENTIAL UNITS; ELIMINATING THE EVENT CENTER AT THE SOUTHEAST SECTION OF THE SITE;

RECONFIGURATION OF TWELVE CONDOMINIUM UNITS AT THE
NORTHWEST SECTION OF THE SITE; AMENDING THE RESIDENTIAL

TOWER BY ADDING ONE MORE UNIT TO INCREASE THE NUMBER OF CONDO UNITS FROM 40 UNITS TO 65 UNITS; AND MINOR MODIFICATIONS

TO THE FINAL LANDSCAPE PLANS OF THE DREAM HOTEL LOCATED AT 450 NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14.”

2. Attachments
Item 2A

CITY COUNCIL STAFF REPORT
DATE: DECEMBER 5, 2022 PUBLIC HEARING
SUBJECT: REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT

TO THE PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS

AND TENTATIVE TRACT MAP FOR THE DREAM HOTEL TO INCLUDE
THE ADDITION OF 24 CONDOMINIUM UNITS TO THE SOUTHEAST
SECTION OF THE SITE; RECONFIGURATION OF THE 12
CONDOMINIUM UNITS AT THE NORTHWEST AREA OF THE SITE;

AND AN INCREASE IN THE NUMBER OF TOWER CONDOMINIUM
UNITS FROM 28 TO 29 UNITS AND MODIFICATIONS TO THE FINAL

LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT THE

NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO
ROAD, ZONE PDD 333, SECTION 14. (CASE 5.1132-PD 333/TTM 35236) (ER)
FROM: Teresa Gallavan, Interim City Manager
BY: Department of Planning Services
SUMMARY:

This is a request to amend the previously approved final development plans of the Dream Hotel that was last approved in 2019 by the City Council. The proposed amendment will include the addition of 24 condominium units to the southern portion of the site, an adjustment of the residential tower condominium units going from 28 units to 29 units, and reconfiguration of the 12 condominium units at the northwest area of the site. The hotel remains unchanged, and the overall size of the project will remain unchanged. Specifically, the proposed amendment will include the following:
• Addition of 24 condominium units at the southeast section of the site and elimination of the farmhouse/event space previously located there. • Reconfiguration of the 12 condominium units at the northwest section of the site and the residential swimming pools.
• Adjustment to the residential tower by increasing the condo units from 28 to 29 units.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

Item 2A - Page 1
City Council Staff Report
December 5, 2022 -- Page 2
Amendments to Final Development Plan for Dream Hotel

2. Close the public hearing and adopt Resolution No. _____, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT

PLANS OF A PREVIOUSLY APPROVED FINAL PDD TO INCLUDE THE ADDITION OF TWENTY-FOUR RESIDENTIAL UNITS; ELIMINATING THE EVENT CENTER AT THE SOUTHEAST SECTION OF THE SITE;

RECONFIGURATION OF TWELVE CONDOMINIUM UNITS AT THE
NORTHWEST SECTION OF THE SITE; AMENDING THE RESIDENTIAL

TOWER BY ADDING ONE MORE UNIT TO INCREASE THE NUMBER OF CONDO UNITS FROM 40 UNITS TO 65 UNITS; AND MINOR MODIFICATIONS

TO THE FINAL LANDSCAPE PLANS OF THE DREAM HOTEL LOCATED AT 450 NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14.” BUSINESS PRINCIPAL DISCLOSURE:

The subject property is owned by Selene Palm Springs, LLC, a California Limited Liability Company. The completed Public Integrity Disclosure Form, as required by Section 2.60.050 of the Municipal Code, is included as an attachment to this report.

BACKGROUND:

On July 18, 2007, the City Council approved a Planned Development District (PD 333) and Tentative Tract Map 35236 to facilitate a 200-room hotel and 143-unit condominium development on the subject site. The property is L-shaped and is bounded on three sides by City streets: Avenida Caballeros on the east, Amado Road on the south, and Calle Alvarado on the west. The northern portion of the L-shaped parcel is bounded by undeveloped land and on the east by existing residential development. The subject site is within the Section 14 Specific Plan Area.

The project has been amended on two occasions, in 2017 and again on July 10, 2019, when the City Council approved amendments that resulted in a planned 156-room hotel, 40 residential units, and associated parking on the 7.8 acres of land. The current request proposes further changes to the residential component by adding twenty-four (24) condominium units to the southeast portion of the site. To make space for the condominium units, the event space will be relocated and incorporated within various areas throughout the site and hotel. The amended project will also include the reconfiguration of the twelve (12) condominium units located at the northwest section of the site. Finally, there will be minor adjustment to the residential tower by increasing the number of condominium units from 28 to 29 units. In total, the proposed amendment will increase the number of residential units from 40 to 65 units while the hotel units will remain unchanged at 156. The proposed changes to the southeast section of the site will require minor modifications to the landscape design and changes to the architectural character of the space. The project remains as an urban resort with indoor and outdoor event spaces, residential use, a restaurant, and swimming pools.

Item 2A - Page 2
City Council Staff Report
December 5, 2022 -- Page 3
Amendments to Final Development Plan for Dream Hotel
Comparisons between Current Approval and Proposed Amendment Project Data Existing PDD 333 Proposed Amendment
Hotel Units 156 156
North Residential Units (North Villas) 12 Condo Units 12 Condo Units South Residential Units (South Villas) Event Space 24 Condo Units Condominium Units at Hotel Tower 28 Units 29 Units
Total Hotel Rooms & Condo Units 196 221
Related Relevant City Actions
07/18/07
The City Council approved a Planned Development District (PDD 333) for a 200-room hotel, a 143-unit condominium development and Tentative Tract Map 35236.
06/07/17
The City Council approved an amended project consisting of 170- room hotel, 35 residential units and associated parking on an undeveloped 7.8-acre parcel of land.
07/10/19
The City Council approved an amended project to reconfigure portions of the site plan, increasing number of condo units from 35 to 40 units and decreasing hotel units from 170 to 156 units. 09/28/22
The Planning Commission voted to recommend approval of the proposed amendment by the City Council with an additional condition requiring additional landscape screening along the property line shared with Center Court Condominiums.

STAFF ANALYSIS:

The proposed amended project remains largely consistent with what has been previously entitled. The most notable change in the current request is the elimination of the event center/farmhouse located at the southeast area of the site. The event center/farmhouse will be replaced by residential structures known as the South Villas, Development Standard 2019 Approved Project Proposed PD-333 Amendment
Coverage 38% 41%
Residential/Tower Units 64,000 square feet No Change
Hotel Tower Height 46 feet / 4 stories No Change
Condo Tower Height 56 feet / 5 stories No Change
5 Condo Bldgs Up to 37.9 feet / 3 stories 52 feet / 5 stories Farmhouse/Event Space 24 feet / 2 stories 44 feet / 4 stories Hotel Units 156 No Change
Residential/Condo Units 40 65
Total Parking Spaces 289 327
Common Open Space 61.7% excluding patios &
balconies 59.8%
Item 2A - Page 3
City Council Staff Report
December 5, 2022 -- Page 4
Amendments to Final Development Plan for Dream Hotel
and the applicant indicates that other spaces within the hotel and amenity areas will be able to accommodate event spaces. The additional 24-unit condominium complex will be three stories with a maximum height of 44 feet, which is taller than the event space which had been proposed at two (2) stories/24 feet, however a prior amendment had allowed a 50-unit residential structure with a maximum height of 50 feet at the same location. The South Villas will have a dedicated swimming pool, a clubhouse with a kitchen and rooftop deck for the units.

The residential section to the north formerly known as “The Plateau” will be redesigned to include individual parking garages with access to each unit by an elevator and will now be known as the North Villas. The unit count remains the same at twelve (12) units but will now be four (4) stories with a maximum height of 52 feet as opposed to three (3) stories and 37.9 feet high as previously approved.

The main hotel building will stay the same while a minor interior change to the residential tower will increase the number of units by one, for a total of 29 units in that location. The amended project will require minor changes to the development standards of the PDD that are largely consistent with the previous approval and complies with the requirements of Section 14 Specific Plan design requirements. If approved by the City Council, the revised plans will be reviewed by the Architectural Review Committee (ARC) for final approval of the architectural and landscape details. 2019 AMENDED PROJECT
Location of 5
Residential Buildings
Farmhouse/Event Space
Item 2A - Page 4
City Council Staff Report
December 5, 2022 -- Page 5
Amendments to Final Development Plan for Dream Hotel
2022 PROPOSED AMENDED SITE PLAN
In terms of the use of the condominium units, the applicant is proposing the following:
• 29 condominium units – Hotel Tower: Short-term rental eligible. • 14 condominium units – North Villas: Not short-term rental eligible. • 24 condominium units – South Villas: Not short-term rental eligible.

FINDINGS – PLANNED DEVELOPMENT DISTRICT 5.1132 – PDD 333:

Section 94.03.00(E) of the Palm Springs Zoning Code (PSZC) requires that seven findings be made relative approval of the Development Plans. Staff’s analysis of the request against the seven conditions is provided below.

Criteria and Findings PSZC 94.03.00(E)

1. The uses, density and intensity of the proposed preliminary development plan is in conformance to the general plan land use designation for the site; Reconfigured 12
Condo Units
Proposed 24
Condominium Units
Item 2A - Page 5
I IL_ _____ I
City Council Staff Report
December 5, 2022 -- Page 6
Amendments to Final Development Plan for Dream Hotel
Criteria and Findings PSZC 94.03.00(E)
The proposed amendment to Planned Development District 333 is consistent with the High-Density Residential designation of the General Plan and the Section 14 Specific Plan designation of High Residential, as amended. The addition of 24 condo units to the southeast section of the site, and the addition of one more unit to the residential tower brings the overall residential units at the development to 65 units and the total number of hotel rooms remains at 156 which is consistent with the General Plan and Section 14 Specific Plan.

2. The uses permitted under the proposed development plan are in conformance to the requirements listed in Section 94.03.00(D)(1), and are not detrimental to adjacent properties or residents;
The amended project consists of a hotel, residential and restaurant uses which are consistent with the originally approved project, as well as the General Plan and Section 14 Specific Plan. The 7.8-acre site is physically suitable and appropriate for the amended project. Given the proximity of the site to the Convention Center and the downtown area, the addition of residential uses will not be detrimental to adjacent properties or residents. The location provides sufficient access points for all uses proposed.

3. The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(D)(2); The proposed amendments are relative to site reconfiguration and the elimination of the event center/farmhouse to be replaced with condominium buildings. The proposed residential buildings comply with the development standards of PDD 333 in terms of density, setbacks, and height limitations. The project is below the maximum 100-foot height permitted by the Section 14 Specific Plan. The project is also in compliance with parking requirements as listed in Section 93.06.00 of the Zoning Ordinance.

4. The site is adequate in size and shape to accommodate the density and/or intensity of the proposed development;
The project site is 7.8 acres and large enough to accommodate the hotel development and the residential uses. The Amended Planned Development District made modifications to the development while maintaining the original intent and purpose envisioned for the site. All development standards such as setbacks, sidewalks, walls, and fences are consistent with the development standards established by PDD 333 and more specifically, the Section 14 Specific Plan.

5. The site for the proposed preliminary development plan has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use, and the design for the site enhances or continues the city’s existing grid in accordance with the Circulation Plan of the City of Palm Springs General Plan; Item 2A - Page 6
City Council Staff Report
December 5, 2022 -- Page 7
Amendments to Final Development Plan for Dream Hotel
Criteria and Findings PSZC 94.03.00(E)
The project proposes primary vehicular access to existing public streets from North Calle Alvarado. There will be an additional access point from Avenida Caballero for service vehicles only, and an additional Fire access on East Amado Road. The site is also within a walking to distance to the downtown and uptown areas of the city. Traffic and circulation within and around the development were analyzed in the previously adopted Mitigated Negative Declaration and incorporated into the current document. The addition of 25 residential units to the project site is consistent with density standards anticipated in Section 14 and will not result in significant traffic impacts.

6. The public benefit provided by the development mitigates any waivers or exceptions requested as part of the preliminary development plan; and This project was originally approved in 2007 prior to the adoption of public benefit policy, and the applicant is not requesting any new relief or deviation from the Code or the previously established development standards with this amendment. The applicant will not be required to provide public benefit to the amended project.

7. That the conditions imposed and shown on the approved preliminary development plan are necessary to protect the public health, safety, and general welfare.

The City Council previously approved conditions for the development which remain valid. Amended conditions from the original entitlement and Mitigation Measures from the adopted Mitigated Negative Declaration will also continue to apply to the amended project. Therefore, it has been determined that all the conditions imposed on the development are deemed necessary to protect the public health, safety, and general welfare.

FINDINGS – TENTATIVE TRACT MAP 35236:

In addition, pursuant to Section 66474 of the Subdivision Map Act, the following findings must be made relative to the proposed map:

Criteria and Findings Section 66474 of the Subdivision Map Act

1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all applicable general and specific plans.

The previously approved tentative tract map was for a two-parcel condominium map and three lettered lots for the 7.8-acre parcel. The applicant is now proposing to modify the condominium map that will make a 3-parcel map with three lettered lots (Lots A, B, & C) for street purposes only. The amended map will contain the hotel building in Lot 1; the north villas residential/condominium building will be in Lot 2; and the south villas condominium buildings will be in Lot 3. In terms of required lot sizes and availability of public infrastructure, the map is consistent with the City’s General Plan and the Section 14 Specific Plan respectively.

Item 2A - Page 7
City Council Staff Report
December 5, 2022 -- Page 8
Amendments to Final Development Plan for Dream Hotel
Criteria and Findings Section 66474 of the Subdivision Map Act

2. The design and improvements of the proposed Tentative Tract Map or Tentative Parcel Map is consistent with the zone in which the property is located.

The design of the map is consistent with the allowable uses under the Planned Development District for this property and is consistent with the development standards of the Section 14 Specific Plan. The required public improvements include sanitary sewer, water, gas, and electricity and are consistent with Chapter 4 of the Section 14 Specific Plan.

3. The site is physically suited for this type of development.

As a flat in-fill property, the 7.8-acre site is physically suited for the amended project. Construction activities at the site commenced in 2018, however, construction work had been stalled due to issues unrelated to the physical suitability of the site. The on-going construction of the hotel building and residences on the site is appropriate at this location, as planned by Section 14 Specific Plan and the 2007 adopted General Plan. The project site is surrounded by existing residential development, the convention center and City streets.

4. The site is physically suited for the proposed density of development.

The site can accommodate the 156-room hotel and the 65-unit residential uses as proposed which are within density limits of the General Plan and the Section 14 Specific Plan The approximately 7.8-acre site is physically suited for the size, scope and density of the hotel and residential uses.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

The Amended Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration has been adopted by the City Council.

Mitigation measures have been included which will reduce potential impacts to less than significant levels. The site was previously disturbed and developed as a parking lot for many years and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife, or their habitats.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

The subdivision is designed to meet or exceed City standards, and will include utility improvements such as sanitary sewer, water, gas, and electricity. The development of the hotel and residential uses will be required to meet or exceed City building codes. The project will not cause public health problems.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

Item 2A - Page 8
City Council Staff Report
December 5, 2022 -- Page 9
Amendments to Final Development Plan for Dream Hotel
Criteria and Findings Section 66474 of the Subdivision Map Act There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through the property. Any utility easements can be accommodated within the project design.

PLANNING COMMISSION ACTION:

On September 14, 2022, the Planning Commission reviewed the proposed amendments at a public hearing and after hearing from members of the public, continued to item to allow the applicant to respond to concerns about the height of the proposed condominiums. On September 28, 2022, the Planning Commission reviewed revised plans proposing slightly reduced building heights (as presented in this report) and voted 3-2-2 to recommend approval of the application to the City Council with the addition of a condition requiring additional landscape buffering along the property boundary shared with the adjacent Center Court Condominium development.

ENVIRONMENTAL ASSESSMENT:

On July 18, 2007, the City Council adopted Mitigated Negative Declaration (MND) No. 2006109032 for the previously approved project. In 2017, in accordance with California Environmental Quality Act (CEQA) Guidelines Section 15162, the City prepared a Subsequent Initial Study/Mitigated Negative Declaration (IS/MND) for the amended project and appropriate mitigation measures were incorporated to ensure that the amended project would have a less than significant impact on the environment. In addition to the mitigation measures included in the MND, conditions of approval have been included in support of the Mitigated Negative Declaration. Given the scope of the current proposed changes, further environmental review is not required.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan
ATTACHMENTS:

A. Vicinity Map
B. Draft Resolution
C. Conditions of Approval
Item 2A - Page 9
City Council Staff Report
December 5, 2022 -- Page 10
Amendments to Final Development Plan for Dream Hotel
D. Excerpt of Minutes Planning Commission 9-28-22
E. Justification Letter
F. Public Integrity Disclosure Form
G. Site Photographs
H. Amended Plans
I. TTM 35236
Item 2A - Page 10

ATTACHMENT A
Item 2A - Page 11
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

5.1132
Calle Alvarado & Amado Road
Item 2A - Page 12
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ATTACHMENT B
Item 2A - Page 13
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS APPROVING A PROPOSED AMENDMENT TO THE FINAL

DEVELOPMENT PLANS OF A PREVIOUSLY APPROVED FINAL PDD
TO INCLUDE ADDITION OF TWENTY-FOUR RESIDENTIAL UNITS;

ELIMINATING EVENT CENTER AT THE SOUTHEAST SECTION OF
THE SITE; RECONFIGURATION OF TWELVE CONDOMINIUM
UNITS ON THE NORTHWEST SECTION OF THE SITE; AMENDING

THE RESIDENTIAL TOWER BY ADDING ONE MORE UNIT TO
INCREASE THE NUMBER OF CONDO UNITS FROM 40 UNITS TO
65 UNITS; AND MINOR MODIFICATIONS TO THE FINAL
LANDSCAPE PLANS OF THE DREAM HOTEL LOCATED AT 450
NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. Selene Palm Springs, LLC, (the “Applicant”) has filed an application with the City to amend the previously approved Planned Development District 333 and Tentative Parcel Map 35236 pursuant to the provisions of Section 94.02.00 (B) of the Palm Springs Zoning Code.

B. The City Council of the City of Palm Springs last approved Planned Development District 333 (PDD 333), on June 19, 2019, for a 156-room hotel and a 40-unit condominium complex (“Amended Project”).

C. The project applicant timely submitted a request for an extension of the Initial Project and applied for amendments to the PDD 333 and Tentative Parcel Map 35236 (TPM 35236) (collectively the “Amended Project”).

D. On September 14, 2022, The Planning Commission held a duly noticed public hearing on the Amended Project in accordance with applicable law and voted to continue the hearing to a date certain of September 28, 2022.

E. On September 28, 2022, the Planning Commission held a duly noticed public hearing on the Amended Project in accordance with applicable law where they reviewed the Amended Project and voted 3-2-2 (absent, Ervin, Roberts) to recommend approval of the amended Planned Development District 333 and Tentative Tract Map 35236.

F. The Amended Project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and a Subsequent Mitigated Negative Declaration has been prepared for the Amended Project and was distributed for public review and comments in accordance with CEQA.

G. A Subsequent Mitigated Negative Declaration was prepared pursuant to CEQA guidelines and was adopted by the City Council on June 7, 2017.

Item 2A - Page 14
Resolution No. 5.1132-PD 333 AMND

H. On December 5, 2022, the City Council held a duly noticed public hearing on the Amended Project in accordance with applicable law. The City Council has carefully reviewed and considered all the evidence presented in connection with the meeting on the Amended Project, including but not limited to the staff report, the Mitigated Negative Declaration and the final Addendum, and all written and oral testimony presented.

I. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region and has balanced these needs against the public service needs of residents and available fiscal and environmental resources.

THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:

Pursuant to Section 94.03.00(E) of the Palm Springs Zoning Code, the City Council finds as follows:

1. The uses, density and intensity of the proposed preliminary development plan are in conformance to the general plan land use designation for the site;
The proposed amendment to Planned Development District 333 is consistent with the High-Density Residential designation of the General Plan and the Section 14 Specific Plan designation of High Residential as amended, which represents the General Plan and Zoning for the property on which the project is located. The hotel, residential and restaurant uses are all in conformance to the general plan and Specific Plan land use designation of the site. The site is 7.8 acres in size allowing a maximum of up to 336 units. The addition of 24 condo units to the southeast section of the site, and the addition of one more unit to the residential tower, for a total of 29 tower unit, brings the overall residential units at the development to 65. The total number of hotel rooms remains at 156. According to the Land Use Element of the General Plan, typical development in the High-Density Residential designation would include duplexes, townhomes, and apartments. Hotels and motels are also permitted up to 43 rooms per net acre (up to 86 rooms per net acre permitted on Indian Land) as long as they are consistent with the design and character of the surrounding neighborhoods and do not create significant design, parking, or traffic impacts to the surrounding residential neighborhood. The Dream Hotel and its residential components met all the above stated requirements of the general plan.

2. The uses permitted under the proposed development plan are in conformance to the requirements listed in Section 94.03.00(D)(1), and are not detrimental to adjacent properties or residents;
The amended project consists of a hotel, residential and restaurant uses; the uses are consistent with the originally approved project at the site. As planned, designed, and conditioned, is consistent with the Section 14 Specific Plan and the City of Palm Springs vision of the area for the future. The density and the overall size and scope of the project are still in keeping with the planned development district; furthermore, the 7.8- Item 2A - Page 15
Resolution No. 5.1132-PD 333 AMND

acre site is physically suitable and appropriate for the amended project with the 24-unit condominium project. Given the close proximity of the site to the Convention Center and the downtown area, the addition of residential uses will not be detrimental to adjacent properties or residents. The location provides sufficient access points for all uses proposed.

3. The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(D)(2); The proposed amended project is not seeking any relief or deviations from the previously approved development and design standards of Planned Development District 333. The proposed amendments are relative to site reconfiguration and the elimination of the event center/farmhouse to be replaced with condominium buildings.

The proposed residential buildings are in compliance with all the development standards of PDD 333 in terms of density, setbacks, and height limitations. The project site is located within the boundaries of the Section 14 Master Plan; per Section 6.2. of Section 14 Specific Plan, “the maximum height of high-rise buildings shall be 100 feet not including all appurtenances on the buildings, as measured from any point of natural elevation of the ground at the building line, before grading, to the maximum projection on top of the building above the same point”. The maximum height of the hotel is 56 feet; the maximum height of the condominium building to the northwest is 52 feet and the maximum height of the condominium building to the southeast is 44 feet. The project is also in compliance with parking requirements as listed in Section 93.06.00 of the Zoning Ordinance.

4. The site is adequate in size and shape to accommodate the density and/or intensity of the proposed development;
The project site is 7.8 acres and large enough to accommodate the hotel development and the residential uses. The Amended Planned Development District made modifications to the development while maintaining the original intent and purposed envisioned for the site. All development standards such as setbacks, sidewalks, walls, and fences are consistent with the development standards established by PDD 333 and more specifically, the Section 14 Specific Plan.

5. The site for the proposed preliminary development plan has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use, and the design for the site enhances or continues the city’s existing grid in accordance with the Circulation Plan of the City of Palm Springs General Plan;
The project proposes primary vehicular access to existing public streets from North Calle Alvarado. There is another entry on the easterly portion of the development from Avenida Caballero for service vehicles only and an additional Fire access on East Amado Road, therefore the development will relate to existing streets and highways such as North Indian Canyon Drive which is a major thoroughfare. The site is also within a walking to distance to the downtown and uptown areas of the City. Also, traffic and circulation within and around the development were analyzed in the previously adopted Item 2A - Page 16
Resolution No. 5.1132-PD 333 AMND

Mitigated Negative Declaration and incorporated into the current document. The addition of 25 residential units to the project site is consistent with density standards anticipated in Section 14 and will not result in significant traffic impacts.

6. The public benefit provided by the development is mitigates any waivers or exceptions requested as part of the preliminary development plan; and This project was originally approved in 2007 prior to the adoption of public benefit policy, moreover, the applicant is not requesting for any new relief or deviations from the Code or the previously established development standards with this amendment.

According to the application, the amended project will include the addition of twenty-four (24) condominium units to the southeast section of the site, reconfiguration of the previously approved twelve (12) unit condominium building at the northwest portion of the site and amending the residential tower condo units to have one more unit. These changes will not affect the established development standards of the project; therefore, the applicant will not be required to provide public benefit to the amended project.

7. That the conditions to be imposed and shown on the approved preliminary development plan are necessary to protect the public health, safety and general welfare.

The City Council previously approved conditions for the development; these conditions from different departments of the City which include Planning, Building, Fire and Public Works will remain valid and in effect for the project since the circumstances surrounding the development have not changed significantly. Also, revised conditions from the original entitlement and Mitigation Measures from the adopted Mitigated Negative Declaration will continue to apply to the amended project. Therefore, it has been determined that all the conditions imposed on the development are deemed necessary to protect the public health, safety, and general welfare.

Pursuant to Municipal Code Chapter 9.64 and the State of California Subdivision Map Act Section 66474, the City Council finds as follows:

1. The proposed Tentative Tract Map is consistent with all applicable general and specific plans.

The previously approved tentative tract map was for a two-parcel condominium map and three lettered lots for the 7.8-acre parcel. The applicant is now proposing to modify the condominium map that will make a 3-parcel map with three lettered lots (Lots A, B, & C) for street purposes only. The amended map will contain the hotel building in Lot 1; the north villas residential/condominium building will be in Lot 2; and the south villas condominium buildings will Lot 3. In terms of required lot sizes and availability of public infrastructure, the map is consistent with the City’s General Plan and the Section 14 Specific Plan respectively.

2. The design and improvements of the proposed Vesting Tentative Tract Item 2A - Page 17
Resolution No. 5.1132-PD 333 AMND

Map are consistent with the zone in which the property is located.

The design of the map is consistent with the allowable uses under the Planned Development District for this property and is consistent with the development standards of the Section 14 Specific Plan. The required public improvements include sanitary sewer, water, gas, and electricity and are consistent with Chapter 4 of the Section 14 Specific Plan.

3. The site is physically suited for this type of development.

As a flat in-fill property, the 7.8-acre site is physically suited for the amended project.

Construction activities at the site commenced in 2018, however, construction work have been stalled for over three years due to issues not relating to the physical suitability of the site. The on-going construction of the hotel building and residences on the site is appropriate at this location, as planned by Section 14 Specific Plan and the 2007 adopted General Plan. The project site is surrounded by existing residential development, the convention center and City streets.

4. The site is physically suited for the proposed density of development.

The site can accommodate the 156-room hotel and the 65-unit residential uses as proposed which are within density limits of the General Plan and the Section 14 Specific Plan The approximately 7.8-acre site is physically suited for the size, scope and density of the hotel and residential uses.

5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats.

The Amended Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration has been adopted by the City Council. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The site was previously disturbed and developed as a parking lot for many years and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife, or their habitats.

6. The design of the subdivision or type of improvements is not likely to cause serious public health problems.

The subdivision is designed to meet or exceed City standards, and will include utility improvements such as sanitary sewer, water, gas, and electricity. The development of the hotel and residential uses will be required to meet or exceed City building codes.

The project will not cause public health problems.

7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision.

There are no known public easements or access across the subject property, therefore Item 2A - Page 18
Resolution No. 5.1132-PD 333 AMND

the design of the subdivision will not conflict with easements for access through the property. Any utility easements can be accommodated within the project design.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:

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

SECTION 2. The Amended Project is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and a Subsequent Mitigated Negative Declaration has been prepared pursuant to CEQA guidelines and was adopted by the City Council on June 7, 2017.

SECTION 3. The City Council hereby approves the amended Planned Development District and amended Tentative Parcel Map 35236 for the Dream Hotel located at the northwest corner of Avenida Caballeros and Amado Road subject to the Conditions of Approval attached hereto as Exhibit A.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:

ADOPTED this 5th day of December, 2022.

TERESA GALLAVAN

INTERIM CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 2A - Page 19
Resolution No. 5.1132-PD 333 AMND

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, 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 ______________, _________.

BRENDA PREE, MMC

CITY CLERK
Item 2A - Page 20

ATTACHMENT C
Item 2A - Page 21

EXHIBIT A
Case No. 5.1132 – PD 333 AMND & Tentative Parcel Map 35236 Selene Palm Springs, LLC
Northwest corner of Avenida Caballeros and Amado Road
(The Dream Hotel Palm Springs)

CONDITIONS OF APPROVAL
December 5, 2022
Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition.

Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney.

ADMINISTRATIVE CONDITIONS:

ADM 1. Project Description. This approval is for the project described per Case

5.1132-PDD 333 & TTM 35236; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped June 30, 2022, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Department except as modified by the approved Mitigation Measures and conditions below.

ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply.

ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code.

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1132-PDD 333 & TTM 35236. The City of Palm Springs will promptly notify the applicant of any such claim, action, or Item 2A - Page 22
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proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City.

ADM 7. Time Limit on Approval. Approval of the Amended Project shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.

ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded.

ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in-lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the artwork and protect the public rights of access and viewing.

ADM 10. Tribal Fees Required. As the property is Indian reservation land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council, Item 2A - Page 23
Conditions of Approval Case No. 5.1132-PD 333 AMND / TTM 35236

including any applicable habitat conservation plan fees shall be paid prior to consideration of this project by the Planning Commission.

ADM 11. CC&R’s The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions (“CC&R’s”) to the Director of Planning for approval in a format to be approved by the City Attorney. These CC&R’s may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances
ADM 12. CC&R’s. Prior to recordation of a Final Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded.
c. Provisions for joint access to the proposed parcels, and any open space restrictions.
d. A provision, which provides that the CC&R’s may not be terminated or substantially amended without the consent of the City and the developer’s successor-in-interest.

Approved CC&R’s are to be recorded following approval of the final map.

The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances,
ADM 13. CC&R’s Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,640, for the review of the CC&R's by the City Attorney. A $1,165 filing fee shall also be paid to the City Planning Department for administrative review purposes.

ENVIRONMENTAL ASSESSMENT CONDITIONS:

ENV 1. All the Mitigation Measures contained in the adopted Mitigated Negative Declaration (MND) shall be part of the conditions of approval.

ENV 2. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy.

ENV 3. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Item 2A - Page 24
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Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination.

Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information.

ENV 4. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the MND will be included in the plans prior to issuance of building permits.

ENV 5. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior’s Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface.

ENV 6. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities.
a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection.

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PLANNING DEPARTMENT CONDITIONS:

PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project’s conformance with Section

93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted.

PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit.

Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.

PLN 3. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00.

PLN 4. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for “Cool Roofs”. Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan.

PLN 5. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.

PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas.

PLN 7. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits.

PLN 8. Provide ‘smart controllers’ for all irrigation systems.

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PLN 9. Encourage employees to ride bicycles and utilize public transit in order to reduce parking demand. The hotel should communicate the benefits of bicycle riding and public transit to employees. This is a cost effective, eco friendly option that reduces parking demand.

PLN 10. Information about transit, “Palm Springs Buzz” trolley, Uber/Lyft and taxi services should be readily available to guests staying at the resort. This information should also be easily found on the hotel website. This will encourage guests to utilize alternate modes of transportation.

PLN 11. Parking for the hotel shall be valet-only. Such a requirement shall be recorded concurrent with the recordation of the Final Map on lots 1 and 2 as depicted on Tentative Tract Map 35236.

PLN 12. Parking for condominium guests shall meet Zoning Ordinance requirements.

The parking, if gated, shall include an intercom system to the units, and adequate turn-around area for guests unable to contact the resident they are seeking.

PLN 13. Avenida Caballeros shall have minimum 8’ sidewalks with shade trees on private property pursuant to Fig. 5-7 in Section 14 Specific Plan. (Added by PC on 6.12.13)
PLN 14. Amado Road shall have a minimum 5’ sidewalk, 4’ parkway and shade trees spacing out 30’ or less per Section Specific Plan. (Added by PC on 6.12.13) PLN 15. On Amado Road and Avenida Caballeros, the planting materials along the street frontages shall be pursuant to Tables 5-5 and 5-6 of Section 14 Specific Plan. (Added by PC on 6.12.13)
PLN 16. Streetscape furniture shall be provided along Avenida Caballeros subject to the approval of Director of Public Works pursuant to Section 14 Specific Plan. (Added by PC on 6.12.13)
PLN 17. Crosswalks at Avenida Caballeros and Calle Alvarado shall meet paving requirements of Section 14 Specific Plan. (Added by PC on 6.12.13) PLN 18. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown, and all disturbed areas shall be fully restored or landscaped.

PLN 19. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety.

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PLN 20. The street address numbering/lettering shall not exceed eight inches in height.

PLN 21. The applicant shall be required to provide adequate height of rear wall / fencing to contain fugitive dust during construction. (Added by PC on 5.24.17) PLN 22. The applicant shall coordinate with City staff to investigate installing a mid block pedestrian crossing subject to City approval to be funded by the applicant. (Added by PC on 5.24.17)
PLN 23. Prior to the issuance of building permit, a Planning Commission subcommittee of three members shall review minor revisions to the following:

1. The building façade at the intersection of Amado Road and Calle Alvarado.

2. Lobby path from the intersection of Amado Road and Calle Alvarado.

3. East wall of farm building facing Avenida Caballeros.

4. Design of the landscaping and block wall at the common property line with the Center Court Condominiums.
(Added by PC on 5.24.17)
PLN 24. A revised final landscape plan to address the entrance along the northwest corner of Calle Alvarado and East Amado Road; southwest corner of Amado Road and Calle Alvarado and at the southwest corner of Avenida Caballeros and Amado Road shall be brought back to the Planning Commission for a final approval. (Added by PC on 6.26.19)
PLN 25. The farmhouse / event center to be changed to the original approved plans with standing seam roof with additional articulations on the east elevation. (Added by PC on 6.26.19)
PLN 26. A final landscape plan to include additional plantings to serve as a buffer for adequate privacy at the Plateau shall be brought back to the Planning Commission for a final approval. (Added by PC on 6.26.19) PLN 27. The proposed restrooms at the northerly side of the main pool area to be relocated to the condominium tower building. (Added by PC on 6.26.19) PLN 28. Pad Elevations. Final building pad elevations shall not vary more than 12 inches above or below the pad elevation established by the approved preliminary grading plan and / or tentative map. Any deviations from this provision shall require approval by the Planning Commission.

PLN 29. EV Charging Station Pursuant to Section 93.06.00 of the PSZC (Off-Street Parking) establishes the number of EV charging stations for new or renovated commercial development, and for new multi-family residential development.

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PLN 30. Landscape Buffer. The applicant shall be required to install additional landscaping along the entire buffer area between the South Villas condos and the Center Court Condominium development. (Added by PC on 9/28/22) ENGINEERING DEPARTMENT:

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer.

STREETS
ENG 1. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits.

ENG 2. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

ENG 3. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

ENG 4. Master planned roadways (Avenida Caballeros, Amado Road, and Calle Alvarado) shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City.

AVENIDA CABALLEROS
ENG 5. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards.

ENG 6. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 380 feet from the centerline of Amado Road.

ENG 7. Construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 210 feet from the centerline of Amado Road.

ENG 8. Avenida Caballeros street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a landscaped private setback of variable width and an 8 feet wide pedestrian sidewalk with double palm trees planted approximately 60 feet apart. The specific street improvements described in this Item 2A - Page 29
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condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained.

ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

AMADO ROAD
ENG 10. Dedicate additional right-of-way of 15 feet to provide the ultimate half street right-ofway width of 40 feet along the entire frontage, together with a property line - corner cut-back at the northwest corner of the intersection of Amado Road and Avenida Caballeros, and at the northeast corner of the intersection of Amado Road and Calle Alvarado, in accordance with City of Palm Springs Standard Drawing No. 105.

ENG 11. Construct a 5 feet wide sidewalk and 4 feet wide landscaped parkway behind the curb along the entire frontage and concentric with the “Drop Off” turn outs to be consistent with the Section 14 Master Plan related to Amado Road in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 12. Dedicate additional right-of-way concentric with the back of the proposed vehicle “Drop off” turnouts, with the back of right-of-way located at the back of sidewalk.

ENG 13. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards.

ENG 14. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed turn out to clean sawcut edge of pavement. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 15. Construct the proposed vehicle turn-out bay in accordance with applicable City standards. The vehicle turn-out bay shall be a minimum of 12 feet wide where there is no parallel parking allowed and a minimum of 20 feet wide when there is one traffic lane with parallel parking on the north side of the turn-out. The vehicle turn-out bay shall be constructed with new curb, gutter, and sidewalk to match existing improvements, in accordance with applicable City standards.

ENG 16. Amado Road street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a 4 feet wide landscaped parkway that includes shade trees in an informal pattern at a spacing of 30 feet or less and a 4 feet wide pedestrian sidewalk. The specific street improvements described in this condition may Item 2A - Page 30
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be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained.

ENG 17. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

CALLE ALVARADO
ENG 18. Remove the existing driveway approaches as necessary and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards.

ENG 19. Remove the existing street improvements as necessary to construct a minimum 24 feet wide driveway approach located approximately 695 feet north of the centerline of Amado Road, respectively. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205.

ENG 20. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approaches in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveways, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.

ENG 21. Construct a 5 feet wide sidewalk behind the curb along the entire frontage (where not already existing) in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 22. Calle Alvarado street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a 5 feet wide landscaped parkway and a 5 feet wide pedestrian sidewalk. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained.

ENG 23. All broken or off grade street improvements along the project frontage shall be repaired or replaced.

ON-SITE
ENG 24. The on-site private street shall have a minimum travel way width of 24 feet, and shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs along both sides of the street, as necessary to accept and convey on-site stormwater runoff to the on-site drainage system, in accordance with applicable City standards. Note that one-way sections of the roadway (including ramps) shall be a minimum of 16 feet wide.

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ENG 25. The on-site private street shall have a minimum centerline radius of 50 feet.

ENG 26. The minimum pavement section for all on-site pavements shall be 2½ inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 27. Parking shall be restricted along the two-way drive aisle as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 “No Parking” signs or red curb shall be installed along the drive aisle as necessary to enforce parking restrictions. A Homeowners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development.

ENG 28. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer.

SANITARY SEWER
ENG 29. All sanitary facilities shall be connected to the public sewer system via the on-site private sewer system. Existing sewer service laterals to the property may be used for new sanitary facilities. New laterals shall not be connected at manholes.

ENG 30. All on-site sewer systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R’s) required for this project.

ENG 31. The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of building permits.

GRADING
ENG 32. Submit a Precise Grading & Paving Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading & Paving Plan shall be approved by the City Engineer prior to issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter Item 2A - Page 32
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8.50 of the City of Palm Springs Municipal Code and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report; and a copy of the project-specific Final Water Quality Management Plan.

ENG 33. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 34. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

ENG 35. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading.

ENG 36. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be Item 2A - Page 33
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permanently stabilized, in accordance with Palm Springs Municipal Code Section

8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 37. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.

ENG 38. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters.

ENG 39. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

ENG 40. This project requires the preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan.

A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request.

ENG 41. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 42. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan.

ENG 43. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. No certificate of occupancy will be issued until the required certification is provided to the City Engineer.

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ENG 44. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation.

ENG 45. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).

WATER QUALITY MANAGEMENT PLAN
ENG 46. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&Rs) required for the development.

ENG 47. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property or public streets is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

ENG 48. Prior to issuance of any grading or building permits, the property owner shall record a “Covenant and Agreement” with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project-Specific WQMP. Other alternative instruments for requiring implementation of the approved Final Project-Specific WQMP include:
requiring the implementation of the Final Project-Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions Item 2A - Page 35
Conditions of Approval Case No. 5.1132-PD 333 AMND / TTM 35236

(CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final ProjectSpecific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to the issuance of any grading or building permits.

ENG 49. Prior to issuance of certificate of occupancy or final City approvals (OR of “final” approval by City), the applicant shall: (a) demonstrate that all structural BMP’s have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all nonstructural BMP’s included in the approved Final Project-Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable)

DRAINAGE
ENG 50. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development.

Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention.

ENG 51. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

ENG 52. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site private street and underground parking garages into the on-site underground retention system, as described in the Preliminary Drainage Study for Tentative Tract Map No. 35236, prepared by Fomotor Engineering, dated December 2006. The hydrology study for Tentative Tract Map 35236 shall be amended to include catch basin sizing, storm drainpipe sizing, and underground retention system sizing calculations and other specifications for construction of required on-site storm drainage improvements. (study to be updated to reflect changes to project)
ENG 53. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems Item 2A - Page 36
Conditions of Approval Case No. 5.1132-PD 333 AMND / TTM 35236

acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&Rs) required for this project.

ENG 54. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit.

GENERAL
ENG 55. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

ENG 56. All proposed utility lines shall be installed underground.

ENG 57. All existing utilities shall be shown on the improvement plans for the project. The existing and proposed service laterals shall be shown from the main line to the property line.

ENG 58. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

ENG 59. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing “as-built” information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

ENG 60. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

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ENG 61. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

MAP
ENG 62. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application. The annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval.

ENG 63. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits.

ENG 64. A copy of draft Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division’s recommendations. The CC&Rs shall be approved by the City Attorney prior to approval of the Final Map, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy.

ENG 65. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the “Guidelines for G.I.S. Digital Submission” from the Riverside County Transportation and Land Management Agency.” G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-ofway, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, ArcInfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

TRAFFIC
ENG 66. As determined by the Westin Hotel and Residences Traffic Impact Study prepared by Endo Engineering (as revised March 5, 2007) and a revised focused traffic study Item 2A - Page 38
Conditions of Approval Case No. 5.1132-PD 333 AMND / TTM 35236

by KOA Corporation (March 3, 2017) have determined that the following mitigation measures will be required:
a) Install a 24 inch stop sign, stop bar, and “STOP” legend for traffic exiting the development at all project egress points, in accordance with City of Palm Springs Standard Drawing Nos. 620-625.
b) A clear unobstructed sight distance shall be provided at all project access points; a clear sight triangle inside the property measuring 8 feet by 8 feet shall be provided at each access driveway, with screening fences or landscaping restricted to maintain the require sight distance.

ENG 67. Submit traffic striping plans for Amado Road, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy.

ENG 68. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Avenida Caballeros, Amado Road, and Calle Alvarado frontages of the subject property.

ENG 69. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

ENG 70. Construction signing, lighting, and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting, and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

ENG 71. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.

WASTE DISPOSAL:

1. Trash cans shall be screened from view and kept within fifty (50) feet of the street.

POLICE DEPARTMENT:

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Conditions of Approval Case No. 5.1132-PD 333 AMND / TTM 35236