Cities Index.
Agenda packet

Palm Springs City Council
April 27, 2023

Document
Agenda packet
Meeting
April 27, 2023
Body
Palm Springs City Council
Pages
79
Original file
111.9 MB
Text extracted from the city's file for reading and search. Open the original on palmsprings.primegov.com. That file is the official record.

Item 3A - Page 75
Families
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
about half the figure in
Riverside Cou nty: 34.1
Households
2,600
Number of households
Palm Springs: 24,767
Riverside County: 7 36,413
Marital status
Married Single
• Universe: Population 15 years and
CNer
Showdata / Embed
Fertility

4.8%
Women 15-50 who
gave birth during past
year
about 80 percent of the rate in
Palm Springs: 5.8% t
a little less t han the rate in
Riverside County: 5.1%
• Universe: Workers 16years !rMl:Wer Show data / Embed home

2.3 Population by household type
Persons per household
about 20 percent higher than
the figure in Palm Springs: 1.9
about two-thirds of the fi gure
in Riverside County: 3.3
Marital status, by sex
Male Female Male Female
Never married Now married
Married
couples
Male
householder
Female
householder
Non-family
Show data / Embed
15%1 111.;. 13%
.::.• Male Female Male Fema
Divorced Widowed
Show data / Embed
Women who gave birth during past year, by age group
21%1
0%
15-19 20-24
0%
25-29
• Un iverse: Women 15 to SO years
0%
30-35
0%
35-39
0%
40-44
Show data / Embed
Item 3A -16
0%
45-50

Page 71 of 83 ends

Item 3A - Page 76
Housing
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.

Social
Units & Occupancy
3,733 Occupied vs. Vacant Ownership of occupied units
Number of housing
units
Palm Springs: 37,762
Riverside County: 845,066
Show data / Embed
Types of structure Year moved in, by percentage of population Single unit
Multi-unit
Mobile home
Boat, RV, van, etc.

Otmer
occupied
Renter
occupied
Show data / Embed
2%t
Before 1990 1990s 2000s 2010-2014 2015-2016 -Since 201· Showdata / Embed
Value
$272,100
Median value of owneroccupied housing units
about two-thirds of the amou nt
in Palm Springs: $398,100
about three-quarters of the
amount in Riverside County:
$368,100
Geographical mobility
10%
Moved since previous
year
about three-fifths of the rate in
Palm Springs: 16.7%
about 80 percent of the rate in
Riverside County: 12.1%
Educational attainment
Value of owner-occupied housing units
Under
$100K
$100K-
$200K
7%1
-
$200K-
$300K
$300K-
$400K
Population migration since previous year
90%
Same house year ago From same
county
From different
county
Show data / Embed
$400K-
$500K
$500K-
$1M
Show data / Embed
1%1
0%
Over$1~
From different
state
From abroad
Show data / Embed
Item 3A -17

Page 72 of 83 ends

Item 3A - Page 77
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.

88.3% 36.8%
High school grad Bachelor's degree
or higher or higher
a little less t han the
rate in Palm Springs:

92.3%
about 90 percent of the
rate in Palm Springs:

42.1%
Population by highest level of education
Nodegree High school Some
college
"Universe: Population 25 years and over
Bachelor's
-
Post-grad
about 10 percent
higher than the rate in
Riverside County:

82.8%
about 1.5 times the
rate in Riverside
County: 23.3%
Show data / Embed
Language
N/A
Persons with language
other than English
spoken at home
Place of birth
Language at home, children 5-
17 No data available
Language at home, adults 18+
No data available

21.4% Place of birth for foreign-born population
Foreign-born
population
8%1
-
about 10 percent
higher than the rate in
Palm Springs: 18.9% Europe Asia
0%
Africa
0%
Oceania Latin America North AmE
about the same as the
rate in Riverside
County: 21.5%
Veteran status

7.5%
Population with
veteran status
about 90 percent of the
rate in Palm Springs:

8.7% t
Veterans by wartime service
201 311
--
WWII Korea Vietnam
361
Show data / Embed
364 Total veterans
339 Male
25 Female
-...:..

Gulf (1990s) Gulf (2001-)
about 10 percent
higher than the rate in
Riverside County: 6.6%
• Civilian veterans who served during wartime only
Show data / Embed
Hover for margins of error and contextual data.

Item 3A -18

Page 73 of 83 ends

Item 3A - Page 78
Citation: U.S. Census Bureau (2020 ). American Community Survey 5 - year estimates. Retrieved from Census Reporter Profile page for Census Tract 446.05, Riverside, CA <http://censusreporter.org/profiles/14000US06065044605- census- tract- 44605- riverside- ca/> g; Learn aboutthe Census
i About Census Reporter
== Census terms &definitions
'JI @CensusReporter
~ Help & feedback
0 Census Reporter on GitHub
Census Reporter is a free, open-source project. Your donations help us add new data to the site and keep it running.

Item 3A -19

Page 74 of 83 ends

ATTACHMENT D
Item 3A - Page 79
Reserved for filing stamp

RECEIVED
MAY 4 2022
Office of the City Clerk
CLAIM NO. ____ _

READ ENTIRE FORM

BEFORE COMPLETING
PLEASE NOTE:

CI1Y OF PALM SPRINGS

CLAIM FOR DAMAGES
To Persons or Property
NAME OF CLAIMANT:

C..,\ ,?,.-\'l'V"\-. \.) 0 . '2.."l.· 00\.0~
Pearl Devers and Survivors & descendants of Sec. 14
Last First
HomeAddressMabon & Associates c/o Ms Pearl Devers
BusillessAddress19069 Van Buren Blvd. Ste,114 # 316
Home Phone Riverside, CABu~~ne 951 455 8710
Date of Birth __ 19_4_6 __ _ Driver's License No. __ --'N""/'-'A ____ _ A. Claims for death, injury to person or to personal property must be filed no later than 6 months after the occurrence. Claims for damages to real property must be filed no later than one year after the occurrence. (See Government Code §911.2)
B. Be sure your claim is against the City of Palm Springs, not another public entity.

C. Where space is insufficient, please use additional paper and identify information by paragraph number.

D. Claimant is advised to consult a private attorney if legal advice is desired. No employee of the City may give legal advice to any claimant relating to private claims.

E. Completed claims must be mailed or delivered to: City of Palm Springs, Attn: City Clerk. 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262.

1. NAME, IBLEPHONE NUMBER, AND ADDRESS TO WHICH CLAIMANT DESIRES NOTICES TO BE SENT, IF 01HER THAN ABOVE:
1 THROUGH 9 SEE ATTACHED Page 3a & 3b

2. OCCURRENCE OR EVENT FROM WHICH CLAIM ARISES:
a DAIB: __________ _ b. TIME: ___________ _
c. PLACE (Slate specific location, and locate on diagram on page three where appropriate. Include street names and~):
d HOW, AND UNDER WHAT CIRCUMSTANCES, DID DAMAGE OR INJURY OCCUR? SPECIFY nm PARTICULAR OCCURRENCE, EVENT, ACT, OR OMISSION YOU CLAIM CAUSED nm INJURY OR DAMAGE. (USE ADDffiONAL PAPER IF NECESSARY.)
910704.l

Page 75 of 83 ends

Item 3A - Page 80
e. WHAT PARTICULAR ACTION BY THE CITY, OR ITS EMPLOYEES, CAUSED THE ALLEGED DAMAGE OR INJURY?
f. GIVE THE NAME(S) OF THE CITY EMPLOYEE(S) CAUSING THE DAMAGE OR INJURY, IF KNOWN: ___ _

3. GIVE A DESCRIPTION OF THE INJURY, PROPERTY DAMAGE, OR WSS, SO FAR AS IS KNOWN AT THE TIME OF TIIISCLAIM:

4. DAMAGES CLAIMED:
a IS THE AMOUNT OF DAMAGES CLAIMED OVER $10,000? YES •
b. IF THE AMOUNT CLAIMED IS UNDER $10,000, STATE AMOUNT CLAIMED: __________ _ c. IF THE AMOUNT CLAIMED EXCEEDS $10,000, IT IS NOT REQUIRED 1HAT A DOLLAR AMOUNT BE PROVIDED. HOWEVER, YOUR CLAIM MUST INDICATE WHE'IHER IT WOULD BE A LIMITED CIVIL CASE. A

LIMITED CIVIL CASE IS ONE WHERE THE RECOVERY SOUGHT, EXCLUSIVE OF ATI'ORNEY FEES, INTEREST AND COURT COSTS, OOES NOT EXCEED $25,000. AN UNLIMITED CIVIL CASE IN ONE IN WHICH THE RECOVERY SOUGHT IS MORE THAN $25,000. (See Code of Civil Procedure §86) LIMITED CIVIL CASE O UNLIMITED CIVIL CASE 0
d BASIS FOR COMPUTATION OF AMOUNT CLAIMED (INCLUDE COPIES OF ALL BILLS, INVOICES, ESTIMATES, ETC.):

5. NAMES AND ADDRESSES OF ANYOTIIERPERSONSINJURED: _________________ _

6. NAMES AND ADDRESSES OF OWNERS OF ANY DAMAGES PROPERTY: _______________ _

7. NAMESANDADDRESES OFWTINESSES, IF ANY: _____________________ _

8. NAMES AND ADDRESSES OF ALL PHYSICIANS OR HOSPITALS WHERE CLAIMANT WAS TREATED, IF ANY: ____ _

9. ANY ADDmONAL INFORMATION TIIATMIGHTBE HELPFUL IN CONSIDERING CLAIM __________ _ 2 910704.1

Page 76 of 83 ends

Item 3A - Page 81

READCAREFULLY
For all accident claims, place on following diagram names of streets, including North, East, South, and West; indicate place of accident by "X" and by showing house numbers or distances to street comers. If City Vehicle was involved, designate by letter "A• location of City Vehicle when you first saw it, and by "B" location of yourself or your vehicle when you first saw City Vehicle; location of City Vehicle at time of accident by "A-1 • and location of yourself or your vehicle at the time of the accident by "B-1" and the point of impact by "X". NOTE: If diagrams below do not fit the situation, attach hereto a proper diagram signed by claimant.

L

SIDEWALK

I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

April 27, 2022 Riverside, CA

DATE PLACE
Pearl Devers et al

PRINTED NAME
3 910704.1

Page 77 of 83 ends

Item 3A - Page 82
ATTACHED Page 3a

CLAIM FOR DAMAGES

CITY OF PALM SPRINGS
NAME AND POST OFFICE ADDRESS OF CLAIMANT(S):

Section 14 Survivon and their Descendants
C/o Pearl Devers
Law Offices of Monrow Mabon
19069 Van Buren Blvd. #114-316
Riverside, California 92508
On behalf of themselves and all other similarly situated ADDRESS TO WHICH CLAIMANTS DESIRE NOTICES TO BE SENT:

Law Offices of Monrow Mabon
19069 Van Buren Blvd. #114-316
Riverside, California 92508
Tel. (951) 455-8710
or
Barry J. Bennett
Law Offices of Bennett, Sharpe & Bennett, Inc.
2444 Main Street, Suite 150
Fresno, California 93721
Tel. (559) 485-0120
Fax. (559) 485-5823
DATE OF OCCURRENCE: The claims are recurring and continuous since September 29, 2021, and continue to date.

LOCATION OF OCCURRENCE: Offices of the City of Palm Springs, and the area known as Section 14 of the City of Palm Springs
CIRCUMSTANCES: The origins of this claim arose in or after 1959 when the City of Palm Springs, acting through private contractors, began a program of summarily evicting residents from Section 14, demolishing their homes, often without notice, destroying their possessions, and forcing them to relocate to areas far from their working places, for the purpose of clearing the land for commercial development. A report prepared by the Office of the California Attorney General in 1968 also pointed out that the City " ... kept no official records of the persons

Page 78 of 83 ends

Item 3A - Page 83
ATTACHED Page 3b
displaced and the residences destroyed in Section 14 ... ," and for decades treated the demotion, destruction, and forced relocation as non-events. The affected residents were almost exclusively black, Hispanic, and Native American. It was not until September 29, 2021 that the City of Palm Springs, acting through its City Council, both acknowledged that the events described above had occurred and issued a formal apology.

RELIEF REQUESTED:

By engaging in the conduct described above, the City has deprived, and continues to deprive, the residents of Section 14 and their survivors, of their possessions, personal property, and/or compensation therefor, restricted and denied them economic opportunities available to other citizens, and caused them and their descendants to suffer the lingering indignity and trauma of homelessness, with the associated emotional consequences of frustration at their inability to compel the City even to admit to the occurrence of such events. Recovery in the form of monetary compensation, as well as affirmative relief, is sought.

NAMES OF ENTITIES CAUSING INJURY:

City of Palm Springs
JURISDICTION:

Jurisdiction lies with the Superior Court of California, as damages exceed one million ($1,000,000) dollars.

Dated: April 27, 2022 Law Offices of Monrow Mabon
a~a~
Monrow Mabon
Law Offices ofBenne~arpe & Bennett
~ .J .. ~~'..

Barry J. Bennett
Attorneys for Claimant

Page 79 of 83 ends

Item 3A - Page 84

PROOF OF SERVICE BY MAIL
I, Cynthia T. Webb, am at least 18 years of age, not a party to this action, and I am an employed in the Law Office of MaBon & Associates in the county of Riverside, CA, where the mailing took place.

My business address is:
19069 Van Buren Blvd Suite No. 114-316
Riverside, CA 92508
I served a true and correct copy of the following documents (Specify):

City of palm springs

CLAIM FOR DAMAGES
To Person or Property
by placing an original copy in the drop box in Palm Court at the below address, on April 29, 2022, at Riverside, CA, addressed to:

City of Palm Springs
Attn: City Qerk
3200 East Tahquit;. Canyon Way
Palm Springs, CA 92262
I, Cynthia T. Webb, declare under penalty of perjury under the laws of the Stat of California that the foregoing is true and correct.

Executed on this 28 Day of March, in the Year 2021 .

Date: April 28, 2022

COST PROPOSAL
Item 3A - Page 85
ATTACHMENT "F"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 12-23)

REPARATIONS PROGRAM SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 "Cost Proposal", NOTwith Electronic File #1, Technical/Work Proposal*) ITEM DESCRIPTION Unit of TOTAL
Measure
1 Complete Services for Reparations Lumpsum $502,304
Programs as outlined in the scope
Certified by: Jessy George
Firm Name: The Trustees of Columbia University in the City of New York . . Jessy George ;;~~=..::~~· Signature of Authorized Person: ______ ._-~_,,... _ _""_·~--------- Printed Name: Jessy George -----------------------
Title : Senior Project Officer, Sponsored projects Administration Date: 1/25/2023
Item 3A - Page 86
33 AppendixB
Palm Springs_RFP 12-23 African American Redress Network Cost Proposal_Fina1_~_38pm pb2 capacity-Building/Public Dialogue and Awareness-Raising Online IM'.lrkshop facilitators 500 per IM'.lrkshop x 6 In-person IM'.lrkshop/public educ./ fac ilitations 1000 x 2 facilitators x 6 IM'.lrkshops In-person IM'.lrkshop participant costs (20 person x 100 per diem x 3 IM'.lrkshops) In-person IM'.lrkshop (3 IM'.lrkshops x5 facilitators•200)) Residency-based capacity-building program for local contractors Curric ulum development on history of City of Palm Springs Training of community trainers 1000 x 2 facilit ators x 2 IM'.lrkshops Subtotal
Research
Project coordinator
Archivist
Oral historian
Fringe •_293
Subtotal + fringe
Community Outreach/leadership and Public policymaking
Sub-grants to FirstRepair @750per diem• 14.

Sub-grants to ICT@75o• 14.
local researcher \YOrking on redress initiatives (subgrantees) local community lead
Subtotal
Communications/IT
Website and oral history database development
Subtotal
Travel
trip 1: airfare 600•5 people
trip 2: airfare 600•4 people
trip 3: airfare 6oo•4people
trip 4: airfare 6oo•4people
trip 5: airfare 6oo•3people
trip 1: hotel 200/night•3nights•3 people
trip 1 (research): hotel 200/night"3people•6nights
trip 2: hotel 200/night•4people•5nights
trip 3: hotel 200/night•4people•5nights
trip 4: hotel 200•4peopIe•4 nights
trip 5: hotel 200•3peopIe•3night s
ground transportation @450•5 trips
Subtotal
General Program Staff
CU Program Coordinator
Howard Program Coordinator
Howard legal fellow
3,000

12.000 I !-----------• 6,000
3,000
2,000
2,500
4,000
32,500
50,000
45,000
45,000
41 ,020
181 ,020
10,500
10,500
25,000
25,000
7 1, 000
3,500
3,500
3,600
2,400
2,400
2,400
1, 800
1,800
3,600
4,000
4,000
2,400
1,800
2,250
32,450
30,000
30,000
30,000
Staff Fringe Benefits (CU STAFF ONLY) [email protected] : 26,370 Graduate student support staff- $22.50 per hour@ 10 hours per week x 45 weeks x 2 st{: 19,800 subtotal 136, 170

SUBTOTAL
Indirect cost •. 1 O
TOTAL
456,640
45,664
502,304

Page 1 of 4 ends

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 3A - Page 87

Page 2 of 4 ends

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 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 Item 3A - Page 88

Page 3 of 4 ends

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, effecting 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.

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 Item 3A - Page 89

Page 4 of 4 ends

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 3A - Page 90

ATTACHMENT B
Item 3A - Page 91

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

5. Type of Entity
F Corporation F Limited 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
________________________ F Officer F Director F Member F Manager
[name] F General Partner F Limited Partner
FOther
___________________________
_______________________________ 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 The Trustees of Columbia University in the City of New York 615 West 131st Street , New York, NY 10027-7922
x
New York
x
x
Juliana Powell, Senior Director of Research Operations
NonProfit
Item 3A - Page 92
[name] F General Partner F Limited Partner
F Other
__________________________

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

EXAMPLE

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

I 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 Item 3A - Page 93

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $3,000,000 FOR

DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM CANYON PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE, A 71-UNIT SENIOR HOUSING

PROJECT IN THE CITY OF PALM SPRINGS
RECOMMENDATION:

Appropriate funds in the amount of $3,000,000 from Housing Set-Aside resources in the Fiscal Year 2023 Budget.

1. Approve a Funding Commitment in the amount of $3,000,000 for the West Hollywood Community Housing Corporation for the Aloe Palm Canyon Project, subject to terms and conditions of the Disposition and Development Agreement.

2. Authorize the City Manager to execute any necessary documents in order to carry out the foregoing, including a Funding Commitment Letter for the Aloe Palm Canyon Project, including making minor, non-substantive changes, and to sign all documents necessary.

3. Attachments
Item 3B

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 BUSINESS & LEGISLATIVE
SUBJECT: APPROVE ADDITIONAL FUNDING IN THE AMOUNT OF $3,000,000 FOR

DEVELOPMENT AND CONSTRUCTION OF THE ALOE PALM CANYON
PROJECT LOCATED AT 1479 NORTH PALM CANYON DRIVE, A 71-

UNIT SENIOR HOUSING PROJECT IN THE CITY OF PALM SPRINGS FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:

West Hollywood Community Housing Corporation (WHCHC), Developer of the Aloe Palm Canyon 71-unit Affordable Housing / Permanent Supportive Housing Project (Project) located at 1479 North Palm Canyon Drive, is requesting additional construction funding in the amount of $3,000,000 (Attachment A). WHCHC has pursued and secured funding commitments from several sources that now exceed $41,000,000. However, the Project costs have increased to over $44,000,000 and thus a funding gap remains. The Project is intended to house seniors in need of affordable housing and those who are homeless or at-risk of homelessness.

RECOMMENDATION:

1. Appropriate funds in the amount of $3,000,000 from Housing Set-Aside resources in the Fiscal Year 2023 Budget.

2. Approve a Funding Commitment in the amount of $3,000,000 for the West Hollywood Community Housing Corporation for the Aloe Palm Canyon Project, subject to terms and conditions of the Disposition and Development Agreement.

3. Authorize the City Manager to execute any necessary documents in order to carry out the foregoing, including a Funding Commitment Letter for the Aloe Palm Canyon Project, including making minor, non-substantive changes, and to sign all documents necessary.

BUSINESS PRINCIPAL DISCLOSURE:

WHCHC is a nonprofit affordable housing development corporation founded in 1986.

Item 3B - Page 1
City Council Staff Report
April 27, 2023 -- Page 2
Aloe Palm Canyon Funding Request
WHCHC’s mission is building homes and providing services that move community members from insecurity to stability. WHCHC builds new apartment buildings and previously renovated existing properties to provide affordable housing to low- and fixedincome people in Southern California. WHCHC partners with city governments, housing funders, social service providers, community stakeholders, architects, contractors, and property managers to build and maintain projects.

The Developer’s Public Disclosure Form is attached as Attachment B.

BACKGROUND:

On January 14, 2021, the City Council approved the Planned Development District Application, Case No. 5.1520 PD-390, to construct a 71-unit multiple-family residential development on the Site.

On January 14, 2021, the City Council approved a funding commitment for the Developer in the amount of $2,400,000, plus an estimated $204,300 in City’s share of proceeds from the sale of the SA (Successor Agency) Parcel, plus land valued at $1,400,000 (totaling $4,004,300).

On June 23, 2021, WHCHC was awarded a $6,413,275 allocation in No Place Like Home funds from the County of Riverside.

On September 30, 2021, the City Council approved the Disposition and Development Agreement for the Project and declared the City-owned parcel as Exempt Surplus Land.

On October 25, 2022, WHCHC was awarded $19,200,000 of California Housing Accelerator Tier 2 funds.

On December 5, 2022, the City Council approved Amendment No. 1 to the Disposition and Development Agreement (DDA) to defer documentation for the remaining Project financing until March 1, 2023 and allow the City to disburse pre-development loan funds for Aloe to pay the SA Parcel.

On December 29, 2022, the State Department of Housing and Community Development awarded the Project Supplemental Accelerator funds in the amount of $1,728,000.

On March 20, 2023, the County of Riverside provided a commitment letter for the Project in the amount of $3,000,000 in Permanent Local Housing Allocation funds (PLHA).

STAFF ANALYSIS:

As proposed, the Project will serve Low-income seniors (age 62 and up, incomes ranging from 0% to 80% AMI). The Developer will restrict rents for 69 of the 71 units, which Item 3B - Page 2
City Council Staff Report
April 27, 2023 -- Page 3
Aloe Palm Canyon Funding Request
includes the 25 PSH (Permanent Supportive Housing) units, with the anticipated distribution as follows:
71 - 1-Bedroom Units
25 @ 20% AMI – ($10,560 for 1 person - $12,060 for 2 people) 7 @ 30% AMI – ($15,840 for 1 person - $18,090 for 2 people) 3 @ 50% AMI – ($26,400 for 1 person - $30,150 for 2 people) 8 @ 60% AMI – ($31,680 for 1 person - $36,180 for 2 people) 26 @ 80% AMI – ($42,240 for 1 person - $48,240 for 2 people) 2 @ Manager – Market Rate
The Project site was identified in the Housing Element as contributing towards meeting the City’s upcoming 6th Cycle Regional Housing Needs Allocation (RHNA) requirements.

Completion of the Project will provide 35 of the City’s 545-unit Very Low-Income Household Unit production goal (0-50% AMI); and 34 of the City’s 408-unit Low-Income Household unit production goal (50-80% AMI). The Project will also include two Above Moderate-Income units (120% AMI and above) for property management staff.

The Project’s supportive services for residents in PSH units are what distinguish it from other types of affordable housing. The supportive services are intended to ensure housing stability and to maximize each tenant’s ability to live independently. It is worth noting that the Project will employ a Housing First philosophy – a more expedient approach to ending homelessness by removing barriers to providing someone with safe, decent, and affordable housing.

The lead supportive service provider will be Riverside University Health System - Behavioral Health (RUHS-BH). RUHS-BH will assign staff equal to 1.0 full-time equivalent (FTE) personnel for the 25 PSH units. Services will include, but not be limited to, intensive case management, goal planning, education, training and support of life skills development, direct provision or linkage to vocational and educational services, assistance with developing and processing requests for reasonable accommodation, and active linkage to medical care. In addition, the services will provide for mental health assessment and treatment that includes psychiatric and medication services and linkages to psychiatric and medication services, transportation, substance use services, social and community building activities, wellness and recovery groups, peer support, 24/7 tenant support, community-based activities, and other supports and activities that will promote tenant self-sufficiency, and independence and community integration.

In addition, the Project will employ one full-time Resident Service Coordinator (RSC) who will provide regularly scheduled resident meetings and one-on-one meetings with residents to provide referrals, linkages, and follow-ups with residents in need of individual service plans. While the RSCs focus on assisting household with medical/dental eligibility, rapid rehousing tasks and referrals, RUHS-BH will provide an on-site Case Manager to assist homeless individuals to begin to identify their needs, and then set, prioritize, and achieve their goals. The RSC will collaborate with RUHS-BH certified - Behavioral Health Item 3B - Page 3
City Council Staff Report
April 27, 2023 -- Page 4
Aloe Palm Canyon Funding Request
Program and Department of Mental Health providers to provide substance use services.

They will also work with other community partners targeted to seniors to bring on-site educational workshops and services to the Project. Educational services may include assessment, adult education courses, computer training, and school enrollment.

The Project will also employ a part-time Support Case Manager (SCM) who will be wellversed in Medicaid, Medicare, and managed care programs to guide and assist tenants as they navigate systems of care. The case manager will assist tenants in managing a range of issues from setting up utility services, navigating resources, and helping a tenant who struggles with issues such as hoarding.

WHCHC and DAP Health will provide resident services coordination to all tenants in the building, offering connection to services, job training and other educational services, and social activities to build a sense of community for the diverse population in the building.

In addition to meeting the City’s goals of providing affordable housing and addressing the needs of homeless individuals, the community has expressed appreciation for the Project design which will be located on a highly visible corner. The Project will also help the City attain its sustainability goals. WHCHC will design the Project to meet Leadership in Energy and Environmental Design (LEED) standards. LEED is a sustainability / green building rating system and provides a framework for healthy, highly efficient, and costsaving green buildings.

The City has entered a Disposition and Development Agreement (DDA) to assist the Project as follows:

Land Contribution $1,400,000
Homeless, Housing, Assistance
and Prevention Grant Funds 2,000,000
Housing Successor Agency Funds 400,000
City Share of Successor Agency
Parcel Sales Proceeds 204,300
Total $ 4,004,300
The Project incurred increases in development costs of $13.3 million. As noted in the attached request, factors impacting Project costs include:
• Having to go to competitive bid at the height of the lumber crisis. • Global supply disruptions related to switchgear increased material costs and extended construction timelines.
• Construction loan interest rate increased from 3.90% to 7.75%. • Insurance rates have also contributed to the increase in costs.

Despite having secured an additional $10,357,330 in funding commitments, including an additional seven (7) Project Based Vouchers, a supplemental award of $1,780,000 from Item 3B - Page 4
City Council Staff Report
April 27, 2023 -- Page 5
Aloe Palm Canyon Funding Request
the California Housing Accelerator Program, and an additional $3,000,000 from Riverside County, there is still a funding gap of $3,000,000, which WHCHC is requesting from the City of Palm Springs. It should be noted, WHCHC was able to reduce Project costs by $3.5 million through value engineering. A revised Project Pro Forma is provided as Attachment C.

WHCHC has applied for other sources of primary funding including 9% tax credits and 4% tax credits (primary funding being the largest single source of funding). However, given the increased level of competitiveness in the Inland Empire Region (San Bernardino, Riverside, and Imperial Counties) securing an award of tax credit funds has become very difficult. In fact, in the latest round of applications for just the Inland Empire Region, seven out of nine project applications received a perfect score of 120. Only one of the seven projects was awarded tax credit funding. The Aloe project scored 119 meaning it would still have to compete with the other six projects for future tax credit funding and potentially for funding from the County of Riverside such as the $3 million of PLHA funding which the County of Riverside has made available for the Aloe Project through December 31, 2023.

More importantly, the largest source of funding that the Project has already secured, $21 million of California Housing Accelerator Fund, requires that construction of the Project close on all funding sources within 180 days of the award which would be June 26, 2023.

If the project is unable to close on all other funding sources the funds may be disencumbered. Considering the Project has already received funding commitments for $41 million, providing a Funding Commitment Letter for the additional $3 million (Attachment D) would leverage investment of $41 million for affordable and permanent supportive housing in the City of Palm Springs to address the needs of low income and formerly homeless seniors.

If the Aloe project were required to seek new funding, a process that could take years, it would lose out on commitments it has already received from the State, County, and other lenders.

ENVIRONMENTAL ASSESSMENT:

Pursuant to Senate Bill 35 (SB35), the requested City Council action is exempt from the California Environmental Quality Act (CEQA). Additionally, the Project is exempt from CEQA as an affordable housing project that meets criteria found in Sections 15192 and15194 of the CEQA Guidelines.

ALIGNMENT WITH STRATEGIC PLANNING:

This action would further Strategy 1C – Quality of Life, Expand Affordable Housing, Pursue new affordable housing.

Item 3B - Page 5
City Council Staff Report
April 27, 2023 -- Page 6
Aloe Palm Canyon Funding Request
FISCAL IMPACT:

Approval of this item would appropriate $3,000,000 from Housing set-aside resources in the Fiscal Year 2023 Budget and allocate this amount for the Aloe Palm Canyon Project, increasing the amount of the current DDA from $4,004,300 to $7,004,300.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Aloe Palm Canyon Request for Supplemental Capital Award of $3 million B. West Hollywood Community Housing Corporation Business Disclosure C. Project Pro Forma
D. Draft Funding Commitment Letter
Item 3B - Page 6

ATTACHMENT A

SUPPLEMENTAL CAPITAL REQUEST
Item 3B - Page 7
Item 3B - Page 8
March 31, 2023
Mr. Scott Stiles
City Manager
3200 E Tahquitz Canyon Way,
Palm Springs, CA 92262
RE: Aloe Palm Canyon - Request for Supplemental Capital Award of $3 million Dear Mr. Scott Stiles,
·• • . : • : ·
•
WHCHC
WHCHC is requesting the City of Palm Spring to commit an additional $3 million dollars to the development of Aloe Palm Canyon. The gap financing is critical for the development of the 71-unit Senior Housing Project. The additional contribution will be matched on a 1 to 1 basis by the County of Riverside.

By securing this additional funding, Aloe Palm Canyon will be able to close on June 26, 2023. Without these additional proceeds, the project's future constructability will be in jeopardy.

From March 2022 to November 2022, the project incurred a total increase in development costs by $13.3 million (39%). The project formally went to competitive bid at the height of the lumber crisis. In addition, global supply disruptions related to switchgear further exasperated the total material cost escalations. In November 2022, we received three bids ranging between $35 and $39 million. In December 2022, we negotiated an exclusive preconstruction agreement with a local contractor, Buster Construction to see if they could provide a lower construction estimate. On March 3, 2023, Buster Construction provided a $36 million.

In addition to seeing our hard costs increase by 46%, we also suffered a cost impact on the financing side.

From March 2022, we endured the a dramatic increase in interest rates from the Fed. As a result, our interest rate on our construction loan ballooned from 3.90% to 7.75%. Higher premiums related to property insurance and extended construction timelines have contributed to 101% increase in total finance costs.

USES Mar-22 Nov-22 Variance %
Hard Costs $24,439,875 $35,580,420 ($11,140,545) 46%
Financing Costs $1,376,625 $2,767,127 ($1,390,502) 101% Soft Costs $8,521,900 $9,348,183 ($826,283) 10%
Total $34,338,400 $47,695,730 ($13,357,330) 39%
We regrouped with our long-time partner, United Building Company, to see if there was a path to build the project at $32 million through an intensive Value Engineering Exercise. On March 15th, UBC came back with a proposal that would save the project $3.6 million (27%) by providing alternative finishes while still keeping the underlying design intact. The VE exercise provided the catalyst to the County of Riverside to fund the remaining gap in equal partnership with the City of Palm Springs. The County of Riverside also provided an additional seven Project Based Vouchers to help bolster our perm loan. As a result of these proceedings and the additional capital garnered with the Accelerator Supplemental Award, the project is now set back on track to meet its June 26th Closing date. A summary of the additional sources secured is provided below.

West Hollywood Community Housing Corporation 7530 Santa Monica Boulevard, West Hollywood, CA 90046 323.650.8771 whchc.org Item 3B - Page 9
SOURCES $ %
Value Engineering $3,580,449 27%
Perm $2,048,881 15%
CHA Supplemental $1,728,000 13%
County of Riverside $3,000,000 22%
City of Palm Springs $3,000,000 22%
$13,357,330
In order to close Aloe Palm Canyon by the June 26, 2023 deadline, we need to secure our construction and perm sources through executed loan agreements. For the next two months, our development team will conduct closing calls and compile due diligence items. To keep this project on track, we are aspiring for City Council approval for the supplemental three million on April 27, 2023. This will ensure HCD has enough time to execute the standard agreements related to its Accelerator and No Place Like Home funding awards. Just prior to closing, we would request the City of Palm Springs to wire $2.4 million of its total capital contribution to finance predevelopment and closing costs related to the project. The remaining City funds would be dispersed as the team processes draw schedules for the next six months.

The team has forecasted a twenty-month construction schedule followed by a conservative three-month lease up period. The building will be fully occupied by April 2025. Below is a summary time line of the key milestones.

Milestone Date
Lender Procurement 4/7/2023
HACR Approval 3/20/2023
GC Contract 4/14/2023
City of Palm Springs Approval 4/27/2023
Building Permit 5/1/2023
Subsidy Layering Review 6/7/2023
HCD Standard Agreement 6/13/2023
Construction Finance Close 6/26/2023
Construction 1/21/2025
100% Leaseup 4/21/2025
Conversion 7/20/2025
We acknowledge that this project does not move forward without the continued support from the City of Palm Springs. We appreciate everything you have done to help keep this project on track. From first granting WHCHC the proposed development to extending the Development Disposition Agreement and now, to increasing your capital financing by three million. We also would like to make ourselves available to provide a project update and answer any corresponding questions at the next City Council meeting.

Thank you for your consideration.
"" Anu atel
Director of Real Estate Development

ATTACHMENT B

PUBLIC DISCLOSURE FORM
Item 3B - Page 10
Item 3B - Page 1153
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PUBLIC INTEGRITY APPLICANT DISCLOSURE
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Name (Print last, first, middle Initial) E-mail Address Jesse Slansky [email protected]
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President & CEO, West Hollywood Community Housing Corporation Addres·s
7530 Santa Monica Blvd, West Hollywood, CA 90046
Work Phone: 323 650 8771
.. --
Reporting Status -
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New Disclosure: ✓
Update:

Every applicant that is not an individual natural person, or comprised exclusively of natural persons with no outside investors, must disclose to the City the identity of each natural person who holds or occupies a significant position with respect to that applicant entity or any entity that owns an interest or derives profits with respect to the applicant entity, i.e., a sub-entity.

In addition, every applicant must disclose to the ·city the identity of each owner or investor who has both of the following: (i) an ownership interest in the applicant entity with a value of two thousand dollars ($2,000.00) or more, and (ii) a material financial relationship with any official who has the opportunity to vote upon, or advocate for a particular result or outcome with respect to the application in question.

A 11 significant position° shall be defined as follows:
i. Officers and Directors (in the instance of a corporation); ii. Members and Managers (in the instance of limited liability company); or iii. Trustees and other Fiduciaries (in the instance of a trust or another organization).

A "material financial relationship" shall be defined as a relationship between an owner or investor on one hand, and a voting or potentially advocating official on the other hand, whereby the official has an interest in the outcome of the City's action upon the application in question arising from or related to any of the following:

1. Any business that the owner or investor in the applicant and the official do together during the year prior to the filing of the application;

2. Any income that the official has earned from the owner or investor in the applicant entity during the y~ar prior to the filing of application;

3. One or more gifts, that the owner or investor in the applicant has given to the official during a year prior to the filing of the application with a total of more than fifty dollars;

4. Any money or value that the official will or might reasonably be anticipated to gain or lose, based upon the ownership interest of the owner or investor in the applicant entity, in relation to the outcome of the City's action upon the application. -
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Item 3B - Page 1254
Organization: West Hollywood Community Housing Corporation Address: 7530 Santa Monica Blvd,West Hollywood, CA 90046 Type of Organization: California Non-profit Corporation Officers: Jesse Slansky, President & CEO
Karl Lott, Chair Board of Directors
Alexander Bazley, Vice Chair
Ryan Leaderman, Vice Chair
Rodrick Burnley, Secretary
Allison Higgins, Treasurer
Michael B. Allderdice
Remy De La Peza
Barrie Gruner
Jim Lion
Tiffany Lowery
Peter Noonan
Kenneth Sofge
Patrick D. Spillane
Ownership: Non-profit run byBoardofDirectors

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

Date
\o -~ .'U)
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On the basis of information contained in this report, I conclude that the filer is in compliance with Palm Springs Municipal Code Section 2.60, except as noted in the 11comments" box below.

Comm-ents-: - .

Signature and Title of Agency's Final Reviewing Official r - - :
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ATTACHMENT C

PROFORMA
Item 3B - Page 13
PROJECT SUMMARY CA Housing Accelerator
Project Name Aloe Palm Canyon
Address 1475 N. Palm Canyon Drive
City, State ZIP Palm Springs, CA 92262
Site Area (sq ft) 76,230
Landscaped Area (sq ft) 0
Parking Area (sq ft) 0
Unit Summary
Studio 0
One Bedroom 71
Two Bedroom 0
Three Bedroom 0
Four Bedroom 0
Total 71
Residential Area
1st Floor (sq ft) 19,800
2nd Floor (sq ft) 19,140
Total (sq ft) 38,940
Residential Parking Spaces
Single 71
Tandem 0
Total 71
Assumptions
Residential Vacancy Factor (1) 5.00%
Perm Loan Rate (2) 6.00%
Debt Service Coverage Ratio 1.15
Current TCAC 4% Rate NA
Credit Rate (Cents per Dollar) NA
Construction Loan Rate 7.75%
Item 3B - Page 14

INCOME SUMMARY

TOTAL GROSS UTILITY NET MONTHLY VPS MONTHLY MONTHLY
UNIT SIZE % AMI # % SQ FT SQ FT RENT ALLOW. RENT RENT SUBSIDY INCOME One Bedroom 20% 25 36% 600 15,000 $330 $59 $271 $6,775 $1,537 $30,175 $36,950 One Bedroom 30% 7 10% 600 4,200 $495 $59 $436 $3,052 $1,537 $7,294 $10,346 One Bedroom 40% 0 0% 600 0 $660 $59 $601 $0 $0
One Bedroom 50% 3 4% 600 1,800 $825 $59 $766 $2,298 $2,298 One Bedroom 60% 12 17% 600 7,200 $990 $59 $931 $11,172 $11,172 One Bedroom 80% 22 32% 600 13,200 $1,320 $59 $1,261 $27,742 $27,742 Manager 1 BR 2 1,033 2,066 $0 $0
Subtotal 71 100% 43,466 $88,508
51,039 37,469
Gross Annual Rental Income $612,468 $1,062,096
Laundry/Vending Income @ $6 per unit per month $5,112
Less: Vacancy @ 5.00% per year ($75,275)
Effective Gross Annual Rental Income $991,933
Less: Operating Expenses @ $7,194 per unit ($510,794)
Net Operating Income $481,139
Cash Flow Available for Debt Service $418,382
Aver. AMI 48.41%
Item 3B - Page 15
I

OPERATING EXPENSE SUMMARY
YEAR 1 PER SQ FT PER UNIT PER MON
38,940 71

ADMINISTRATIVE EXPENSES
Advertising $1,500 $0.04 $21 $125
Legal $1,500 $0.04 $21 $125
Accounting/Audit $15,000 $0.39 $211 $1,250
Security $15,000 $0.39 $211 $1,250
Real Page Software 17.30 $14,324 $0.37 $202 $1,194
SUBTOTAL ADMINISTRATIVE EXPENSES $47,324 $1.22 $667 $3,944 MANAGEMENT FEE $680 $46,920 $1.20 $661 $3,910

UTILITIES
Fuel $0 $0 $0.00 $0 $0
Gas $150 $10,650 $0.27 $150 $888
Electric $300 $21,300 $0.55 $300 $1,775
Water/Sewer $550 $25,850 $0.66 $364 $2,154
SUBTOTAL UTILITIES $57,800 $1.48 $814 $4,817

PAYROLL
On-Site Manager $55,000 $1.41 $775 $4,583
Maintenance Personnel $35,000 $0.90 $493 $2,917
Benefits & Compensation $25,200 $0.65 $355 $2,100
SUBTOTAL PAYROLL $115,200 $2.96 $1,623 $9,600
INSURANCE $31,150 $0.80 $439 $2,596

MAINTENANCE
Painting $8,000 $0.21 $113 $667
Repairs $25,000 $0.64 $352 $2,083
Trash Removal $7,000 $0.18 $99 $583
Exterminating $4,000 $0.10 $56 $333
Grounds $7,500 $0.19 $106 $625
Elevator $7,500 $0.19 $106 $625
SUBTOTAL MAINTENANCE $59,000 $1.52 $831 $4,917

OTHER EXPENSES
Business License Tax $5,000 $0.13 $70 $417
County Loan Monitoring Fees $6,900 $0.18 $97 $575
Other $0 $0.00 $0 $0
SUBTOTAL OTHER EXPENSES $11,900 $0.31 $168 $992
SUBTOTAL OPERATING EXPENSES $369,294 $9.48 $5,201 $30,775 Service Amenities $100,000 $2.57 $1,408 $8,333
Replacement Reserves $500 $34,500 $0.89 $486 $2,875
Real Estate Taxes $7,000 $0.18 $99 $583
TOTAL EXPENSES $510,794 $13.12 $7,194 $42,566
Asset Management Fee $15,000 $0.39 $211 $1,250
Managing General Partner Fee $10,000 $0.26 $141 $833
TOTAL PROJECT EXPENSES $25,000 $0.64 $352 $2,083
VALUE OF MANAGER'S UNIT RENT $ - $0
Aloe Palm Canyon Opex $5,131
Riverside TCAC Opex Minimum
Special Needs $ 5,200
Seniors $ 4,300
Weighted average $ 4,705
Item 3B - Page 16
Aloe Palm Canyon
DEVELOPMENT BUDGET 1/4/2023

BUDGET PER SQ FT PER UNIT ELIG BASIS
ACQUISITION 38,940 71
Land Value $2,300,000 $59 $32,394 ********
Demo $0 $0 $0 ********
Existing Improvements Value $0 $0 $0 $0
Off-Site Improvements $0 $0 $0 $0
SUBTOTAL ACQUISITION COSTS $2,300,000 $59 $32,394 $0

CONSTRUCTION
Site Work $3,874,000 $99 $54,563 $3,874,000
Structures $23,747,900 $610 $334,477 $23,747,900
General Requirements $1,381,095 $35 $19,452 $1,381,095
Contractor Overhead & Profit $1,933,533 $50 $27,233 $1,933,533 Insurance Pmt Perf Bond $1,063,443 $27 $14,978 $1,063,443 SUBTOTAL CONSTRUCTION COSTS $450,704 $31,999,971 $822 $450,704 $31,999,971

ARCHITECTURE
Design $400,000 $10 $5,634 $400,000
Supervision $200,000 $5 $2,817 $200,000
Survey & Engineering $375,000 $10 $5,282 $375,000
SUBTOTAL ARCHITECTURE COSTS $975,000 $25 $13,732 $975,000

CONSTRUCTION LOAN
Construction Interest Expense 20 $2,600,000 $67 $36,620 $0 Origination Fee 1.00% $326,779 $8 $4,603 $326,779
Real Estate Taxes $0 $0 $0 $0
Property Insurance $335,000 $9 $4,718 $335,000
Title & Recording $75,000 $2 $1,056 $75,000
Bank Inspector $30,000 $1 $423 $30,000
Other Lender Costs & Fees $20,000 $1 $282 $20,000
SUBTOTAL CONSTRUCTION LOAN $3,386,779 $87 $47,701 $786,779

PERMANENT FINANCING
Loan Origination Fee 1.00% $59,280 $2 $835 ********
Application Fee $0 $0 $0 ********
Title & Recording $10,000 $0 $141 ********
Taxes, Insurance & Other $0 $0 $0 ********
SUBTOTAL PERMANENT FINANCING $69,280 $2 $976 $0

LEGAL FEES
Lender Legal Paid by Applicant $75,000 $2 $1,056 $75,000 Transaction Legal Fees $75,000 $2 $1,056 $15,000
SUBTOTAL ATTORNEY COSTS $150,000 $4 $2,113 $90,000

RESERVES
Transition Reserve $67,444 $2 $950 ********
Three Month Operating Reserve $309,710 $8 $4,362 ******** SUBTOTAL RESERVE COSTS $377,154 $10 $5,312 $0

OTHER PROJECT COSTS
Appraisal Costs $10,000 $0 $141 $10,000
Hard Cost Contingency 5.95% $1,903,998 $49 $26,817 $1,903,998 Environmental Audit $50,000 $1 $704 $50,000
Local Development Impact Fees $45,000 $1 $634 $45,000
Permit Processing Fees $500 $60,000 $2 $845 $60,000
Capital Fees $0 $0 $0 $0
Marketing $15,000 $0 $211 ********
Furnishings $75,000 $2 $1,056 $75,000
Market Study $10,000 $0 $141 $10,000
Accounting/Reimbursables $30,000 $1 $423 ********
Soft Cost Contingency $150,000 $4 $2,113 $150,000
ACBCI Monitoring $32,200 $1 $454 $32,200
Construction Mgmt, Deputy Inspections & Security $180,000 $5 $2,535 $180,000 Green Building Certification $60,000 $2 $845 $60,000
Lease Up Expense & Fee $500 15,000 $0 $211 ********
Predevelopment Interest & Fees $75,000 $2 $1,056 ******** SUBTOTAL OTHER COSTS $2,711,198 $70 $38,186 $2,576,198

DEVELOPER COSTS
Developer Overhead/Profit $2,200,000 $56 $30,986 $2,200,000 Consultant/Processing Agent $0 $0 $0 $0
Project Administration $0 $0 $0 $0
Broker Fees Paid to a Related Party $0 $0 $0 $0
Construction Oversight by Developer $0 $0 $0 $0
SUBTOTAL DEVELOPER COSTS $2,200,000 $56 $30,986 $2,200,000 TOTAL DEVELOPMENT COSTS $44,169,383 $1,134 $622,104 $38,627,949 Item 3B - Page 17

CASH FLOW
YEAR 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 6 YEAR 7 YEAR 8 YEAR 9 YEAR 10 YEAR 11 YEAR 12 YEAR 13 YEAR 14 YEAR 15

REVENUE
Rental Revenue 2.5% $531,168 $544,447 $558,058 $572,010 $586,310 $600,968 $615,992 $631,392 $647,177 $663,356 $679,940 $696,938 $714,362 $732,221 $750,526 Other Income - PSH 2.5% $81,300 $83,333 $85,416 $87,551 $89,740 $91,983 $94,283 $96,640 $99,056 $101,533 $104,071 $106,673 $109,339 $112,073 $114,875 Rental Subsidy Income 2.5% $87,528 $89,716 $91,959 $94,258 $96,615 $99,030 $101,506 $104,043 $106,644 $109,310 $112,043 $114,844 $117,715 $120,658 $123,675 Rental Subsidy Income -PSH 2.5% $362,100 $371,153 $380,431 $389,942 $399,691 $409,683 $419,925 $430,423 $441,184 $452,213 $463,519 $475,107 $486,984 $499,159 $511,638 Other Income 2.5% $5,112 $5,240 $5,371 $5,505 $5,643 $5,784 $5,928 $6,077 $6,228 $6,384 $6,544 $6,707 $6,875 $7,047 $7,223 Less: Vacancy 5.0% ($30,935) ($31,708) ($33,294) ($34,958) ($36,706) ($38,541) ($40,469) ($42,492) ($44,617) ($46,847) ($49,190) ($51,649) ($54,232) ($56,943) ($59,790) Less: Vacancy (PSH) 10.0% ($44,340) ($45,449) ($49,993) ($54,993) ($60,492) ($66,541) ($73,195) ($80,515) ($88,566) ($97,423) ($107,165) ($117,882) ($129,670) ($142,637) ($156,901) Less: Vacancy 7.3% ($371) ($380) ($408) ($437) ($469) ($503) ($539) ($579) ($621) ($666) ($714) ($766) ($821) ($881) ($945) SUBTOTAL NET REVENUE $991,562 $1,016,351 $1,037,541 $1,058,878 $1,080,331 $1,101,862 $1,123,431 $1,144,990 $1,166,486 $1,187,861 $1,209,048 $1,229,973 $1,250,553 $1,270,697 $1,290,301

ADMINISTRATIVE EXPENSES
Advertising 3.5% $1,500 $1,553 $1,607 $1,663 $1,721 $1,782 $1,844 $1,908 $1,975 $2,044 $2,116 $2,190 $2,267 $2,346 $2,428 Legal 3.5% $1,500 $1,553 $1,607 $1,663 $1,721 $1,782 $1,844 $1,908 $1,975 $2,044 $2,116 $2,190 $2,267 $2,346 $2,428 Accounting/Audit 3.5% $15,000 $15,525 $16,068 $16,631 $17,213 $17,815 $18,439 $19,084 $19,752 $20,443 $21,159 $21,900 $22,666 $23,459 $24,280 Security 3.5% $15,000 $15,525 $16,068 $16,631 $17,213 $17,815 $18,439 $19,084 $19,752 $20,443 $21,159 $21,900 $22,666 $23,459 $24,280 Real Page Software 3.5% $14,324 $14,826 $15,345 $15,882 $16,438 $17,013 $17,608 $18,225 $18,862 $19,523 $20,206 $20,913 $21,645 $22,403 $23,187 SUBTOTAL ADMINISTRATIVE EXPENSES $47,324 $48,981 $50,695 $52,469 $54,306 $56,207 $58,174 $60,210 $62,317 $64,498 $66,756 $69,092 $71,510 $74,013 $76,604 MANAGEMENT FEE 3.5% $46,920 $48,562 $50,262 $52,021 $53,842 $55,726 $57,677 $59,695 $61,785 $63,947 $66,185 $68,502 $70,899 $73,381 $75,949

UTILITIES
Fuel 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0
Gas 3.5% $10,650 $11,023 $11,409 $11,808 $12,221 $12,649 $13,092 $13,550 $14,024 $14,515 $15,023 $15,549 $16,093 $16,656 $17,239 Electric 3.5% $21,300 $22,046 $22,817 $23,616 $24,442 $25,298 $26,183 $27,100 $28,048 $29,030 $30,046 $31,097 $32,186 $33,312 $34,478 Water/Sewer 3.5% $25,850 $26,755 $27,691 $28,660 $29,663 $30,702 $31,776 $32,888 $34,040 $35,231 $36,464 $37,740 $39,061 $40,428 $41,843 SUBTOTAL UTILITIES $57,800 $59,823 $61,917 $64,084 $66,327 $68,648 $71,051 $73,538 $76,112 $78,775 $81,533 $84,386 $87,340 $90,397 $93,561

PAYROLL
On-Site Manager 3.5% $55,000 $56,925 $58,917 $60,979 $63,114 $65,323 $67,609 $69,975 $72,424 $74,959 $77,583 $80,298 $83,109 $86,018 $89,028 Maintenance Personnel 3.5% $35,000 $36,225 $37,493 $38,805 $40,163 $41,569 $43,024 $44,530 $46,088 $47,701 $49,371 $51,099 $52,887 $54,738 $56,654 Manager's Unit Free Rent 3.5% $25,200 $26,082 $26,995 $27,940 $28,918 $29,930 $30,977 $32,061 $33,184 $34,345 $35,547 $36,791 $38,079 $39,412 $40,791 SUBTOTAL PAYROLL $115,200 $119,232 $123,405 $127,724 $132,195 $136,821 $141,610 $146,567 $151,696 $157,006 $162,501 $168,189 $174,075 $180,168 $186,474 INSURANCE 3.5% $31,150 $32,240 $33,369 $34,537 $35,745 $36,996 $38,291 $39,631 $41,019 $42,454 $43,940 $45,478 $47,070 $48,717 $50,422

MAINTENANCE
Painting 3.5% $8,000 $8,280 $8,570 $8,870 $9,180 $9,501 $9,834 $10,178 $10,534 $10,903 $11,285 $11,680 $12,089 $12,512 $12,950 Repairs 3.5% $25,000 $25,875 $26,781 $27,718 $28,688 $29,692 $30,731 $31,807 $32,920 $34,072 $35,265 $36,499 $37,777 $39,099 $40,467 Trash Removal 3.5% $7,000 $7,245 $7,499 $7,761 $8,033 $8,314 $8,605 $8,906 $9,218 $9,540 $9,874 $10,220 $10,577 $10,948 $11,331 Exterminating 3.5% $4,000 $4,140 $4,285 $4,435 $4,590 $4,751 $4,917 $5,089 $5,267 $5,452 $5,642 $5,840 $6,044 $6,256 $6,475 Grounds 3.5% $7,500 $7,763 $8,034 $8,315 $8,606 $8,908 $9,219 $9,542 $9,876 $10,222 $10,579 $10,950 $11,333 $11,730 $12,140 Elevator 3.5% $7,500 $7,763 $8,034 $8,315 $8,606 $8,908 $9,219 $9,542 $9,876 $10,222 $10,579 $10,950 $11,333 $11,730 $12,140 SUBTOTAL MAINTENANCE $59,000 $61,065 $63,202 $65,414 $67,704 $70,073 $72,526 $75,064 $77,692 $80,411 $83,225 $86,138 $89,153 $92,273 $95,503

OTHER EXPENSES
Business License Tax 3.5% $5,000 $5,175 $5,356 $5,544 $5,738 $5,938 $6,146 $6,361 $6,584 $6,814 $7,053 $7,300 $7,555 $7,820 $8,093 Parking Covenant Fee 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Other 0.0% $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 $6,900 Other 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Other 3.5% $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 SUBTOTAL OTHER EXPENSES $11,900 $12,075 $12,256 $12,444 $12,638 $12,838 $13,046 $13,261 $13,484 $13,714 $13,953 $14,200 $14,455 $14,720 $14,993 SUBTOTAL OPERATING EXPENSES $369,294 $381,978 $395,106 $408,693 $422,756 $437,311 $452,375 $467,967 $484,104 $500,806 $518,093 $535,985 $554,503 $573,669 $593,506 Service Amenities 3.5% $100,000 $103,500 $107,123 $110,872 $114,752 $118,769 $122,926 $127,228 $131,681 $136,290 $141,060 $145,997 $151,107 $156,396 $161,869 Replacement Reserves $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 $34,500 Real Estate Taxes 2.0% $7,000 $7,140 $7,283 $7,428 $7,577 $7,729 $7,883 $8,041 $8,202 $8,366 $8,533 $8,704 $8,878 $9,055 $9,236 TOTAL EXPENSES $510,794 $527,118 $544,011 $561,493 $579,585 $598,308 $617,684 $637,736 $658,487 $679,962 $702,186 $725,185 $748,987 $773,620 $799,112 NET OPERATING INCOME $480,768 $489,233 $493,530 $497,385 $500,746 $503,554 $505,747 $507,254 $507,999 $507,899 $506,862 $504,787 $501,566 $497,077 $491,190 Debt Service $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 $391,400 HCD MHP DS/ NPLH MONITORING FEE 0.42% ####### #### $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 $26,936 Debt Service Coverage Ratio 1.15 1.17 1.18 1.19 1.20 1.20 1.21 1.21 1.21 1.21 1.21 1.21 1.20 1.19 1.17 CASH FLOW AFTER DEBT SERVICE $62,432 $70,898 $75,194 $79,049 $82,410 $85,219 $87,411 $88,918 $89,663 $89,563 $88,526 $86,452 $83,230 $78,742 $72,854 TCAC 25% test (1st 3 yrs) 15.95% 18.11% 19.21%
Deferred Developer Fee $62,432 $70,898 $75,194 $79,049 $82,410 $85,219 $87,411 $88,918 $68,469 $0 $0 $0 $0 $0 $0 Deferred Developer Fee Balance $700,000 $637,568 $566,670 $491,476 $412,427 $330,017 $244,799 $157,388 $68,469 $0 $0 $0 $0 $0 $0 $0 Asset Management Fee $0 $0 $0 $0 $0 $0 $0 $0 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 $15,000 Managing General Partner Fee $0 $0 $0 $0 $0 $0 $0 $0 $6,194 $10,000 $10,000 $10,000 $10,000 $10,000 $10,000 RESIDUAL PROJECT CASH FLOW $0 $0 $0 $0 $0 $0 $0 $0 $0 $64,563 $63,526 $61,452 $58,230 $53,742 $47,854 Item 3B - Page 18

DEBT CALCULATION
Annual Net Operating Income $481,139
Debt Service Coverage Ratio 1.15
Cash Flow Available for Debt Service $418,382
Permanent Loan Interest Rate 6.00%
Permanent Loan Term 40
MAXIMUM PERMANENT LOAN $5,928,694
Loan $ 5,928,000
Debt Service $ 391,400
Item 3B - Page 19
~
-~1~1r WHCHC
Aloe Palm Canyon
CA Housing Accelerator

PERMANENT USES & SOURCES

AMOUNT PER SQ FT PER UNIT
DEVELOPMENT COSTS (USES) 38,940 71
Land $2,300,000 $59 $32,394
Hard Costs $31,999,971 $822 $450,704
Soft Costs $9,869,412 $253 $139,006
TOTAL USES $44,169,383 $1,134 $622,104

PERM FINANCING (SOURCES)
Permanent Loan $5,928,000 $152 $83,493
CHA $20,928,000 $537 $294,761
NPLH $6,413,275 $165 $90,328
City of Palm Springs Loan $7,004,300 $180 $98,652
Riverside County $3,000,000 $77 $42,254
Deferred Fee $700,000 $18 $9,859
TOTAL SOURCES $43,973,575 $1,129 $619,346
Check ($195,808) (2,758)

CONSTRUCTION USES & SOURCES

AMOUNT PER SQ FT PER UNIT

DEVELOPMENT COSTS (USES)
Land $2,300,000 $59 $32,394
Hard Costs $31,999,971 $822 $450,704
Soft Costs $9,869,412 $253 $139,006
TOTAL USES $44,169,383 $1,134 $622,104

CONSTRUCTION FIN (SOURCES)
Construction Loan $22,677,929 $582 $319,407
LIIF $10,000,000 $257 $140,845
City of Palm Springs Loan $7,004,300 $180 $98,652
Riverside County $3,000,000 $77 $42,254
Deferred Costs & Fee $1,487,154 $38 $20,946
TOTAL SOURCES $44,169,383 $1,134 $622,104
Check $0
Maximum Generated Fee 2,200,000
Fee contributed back as GP Equity 0
Deferred Developer Fee (700,000)
Cash Developer Fee 1,500,000
Item 3B - Page 20
5%
TCO Construction Lease-Up Stabilization Conversion
Completion

CONSTRUCTION CASH FLOW
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 DEFERRED USES OF FUNDS BUDGET CLOSING Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 Apr-25 May-25 Jun-25 Jul-25 Aug-25 Sep-25 Oct-25 Nov-25 TOTAL TO CONVERSION Land Value 2,300,000 2,300,000 2,300,000 0
Demolition 0 0 0 0
Existing Improvements Value 0 0 0
Off-Site Improvements 0 0 0 0
Site Work 3,874,000 613,383 613,383 613,383 613,383 613,383 613,383 193,700 3,874,000 0 Structures 23,747,900 151,252 151,252 151,252 151,252 151,252 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,453,616 1,187,395 23,747,900 0 General Requirements 1,381,095 38,232 38,232 38,232 38,232 38,232 103,350 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 72,681 69,055 1,381,095 0 Contractor Overhead & Profit 1,933,533 12,315 12,315 12,315 12,315 12,315 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 118,352 96,677 1,933,533 0 Prevailing Wage 0 0 0
Insurance 1,063,443 1,063,443 1,063,443 0
Design 400,000 400,000 400,000 0
Supervision 200,000 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 9,524 200,000 0 Survey & Engineering 375,000 75,000 75,000 75,000 75,000 75,000 375,000 0 Construction Interest Expense 2,600,000 0 0 0 0 0 0 1,062 11,116 18,420 25,754 33,118 43,110 54,728 66,485 78,253 90,161 102,081 114,143 126,217 138,434 152,602 165,182 177,161 178,449 179,714 181,180 182,260 183,411 2,303,040 296,960 Const Loan Origination Fee 326,779 326,779 326,779 0
Application Fee 0 0 0
Bond Premium 0 0 0
Cost of Issuance 0 0 0
Real Estate Taxes 0 0 0
Property Insurance 335,000 335,000 335,000 0
Title & Recording 75,000 65,000 65,000 10,000
Bank Inspector 30,000 0 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 30,000 0 Other Lender Costs & Fees 20,000 20,000 20,000 0
Perm Loan Origination Fee 59,280 59,280 59,280 0
Application Fee 0 0 0
Title & Recording 10,000 0 0 10,000
Taxes, Insurance & Other 0 0 0
Lender Legal Paid by Applicant 75,000 75,000 75,000 0
Transaction Legal Fees 75,000 75,000 75,000 0
Rent Reserves 67,444 0 67,444
Capitalized Rent Reserves 0 0 0
Three Month Operating Reserve 309,710 0 309,710
Additional Lender Req'd Reserve 0 0 0
Appraisal Costs 10,000 10,000 10,000 0
Hard Cost Contingency 1,903,998 0 48,503 48,503 48,503 48,503 48,503 136,178 97,857 97,857 97,857 97,857 97,857 97,857 97,857 97,857 97,857 97,857 97,857 97,857 97,857 97,857 155,311 0 0 0 0 0 0 1,903,998 0 TCAC 0 0 0 0
Environmental Audit 50,000 50,000 50,000 0
Local Development Impact Fees 45,000 45,000 45,000 0
Permit Processing Fees 60,000 (30,000) 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 10,000 60,000 0 Capital Fees 0 0 0
Marketing 15,000 5,000 5,000 5,000 15,000 0
Furnishings 75,000 25,000 50,000 75,000 0
Market Study 10,000 10,000 10,000 0
Accounting/Reimbursables 30,000 10,000 20,000 30,000 0
Soft Cost Contingency 150,000 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 7,143 150,000 0 Relocation 32,200 32,200 32,200 0
Replacement Reserves 0 0 0
Const Mgmt, Dep Inspec & Security 180,000 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 8,571 180,000 0 Green Building Certification 60,000 0 5,000 5,000 5,000 5,000 5,000 5,000 30,000 60,000 0 Lease Up Expense & Fee 15,000 5,000 5,000 5,000 15,000 0 Predevelopment Interest & Fees 75,000 75,000 75,000 0
Developer Overhead/Profit 2,200,000 450,000 300,000 750,000 1,500,000 700,000 Consultant/Processing Agent 0 0 0
Project Administration 0 0 0
Broker Fees Paid to a Related Party 0 0 0
Construction Oversight by Developer 0 0 0
TOTAL DEVELOPMENT COSTS 44,169,383 5,446,702 101,438 975,123 975,123 975,123 895,123 895,123 2,457,379 1,785,060 1,792,364 1,799,698 1,802,062 1,812,054 1,833,672 1,835,429 1,857,197 1,859,105 1,881,025 1,883,087 1,905,161 2,207,378 1,961,546 1,868,519 213,361 209,649 240,914 181,180 192,260 183,411 750,000 0 42,775,269 1,394,114 $694,114.03

SOURCES OF FUNDS
Construction Loan 21,377,929 0 0 0 0 0 0 0 0 0 0 0 1,106,551 1,768,944 1,778,944 1,768,944 1,778,944 1,768,944 1,778,944 1,768,944 1,778,944 2,068,944 1,808,944 1,703,337 36,200 31,200 61,200 0 10,000 (0) 0 21,017,929 360,000 LIIF 8,700,000 0 259,457 2,456,318 1,773,944 1,773,944 1,773,944 662,393 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (0) 0 8,700,000 0 Interest Reserve 2,600,000 0 0 0 0 0 0 1,062 11,116 18,420 25,754 33,118 43,110 54,728 66,485 78,253 90,161 102,081 114,143 126,217 138,434 152,602 165,182 177,161 178,449 179,714 181,180 182,260 183,411 0 2,303,040 296,960 Land Value Local Return 0 0 0
City of Palm Springs Loan 7,004,300 2,446,702 101,438 975,123 975,123 975,123 895,123 635,666 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7,004,300 0 Permanent Local Housing Allocation 3,000,000 3,000,000 0 3,000,000 0 Deferred Costs & Fee 1,487,154 0 737,154
TOTAL SOURCES 44,169,383 5,446,702 101,438 975,123 975,123 975,123 895,123 895,123 2,457,379 1,785,060 1,792,364 1,799,698 1,802,062 1,812,054 1,833,672 1,835,429 1,857,197 1,859,105 1,881,025 1,883,087 1,905,161 2,207,378 1,961,546 1,868,519 213,361 209,649 240,914 181,180 192,260 183,411 0 0 42,025,269 1,394,114 Cumulative Construction Loan 0 0 0 0 0 0 0 0 0 0 0 1,106,551 2,882,641 4,680,202 6,479,373 8,300,163 10,122,712 11,967,032 13,813,263 15,681,418 17,851,638 19,775,873 21,606,930 21,782,675 21,954,555 22,157,544 22,300,645 22,454,670 22,599,690 22,745,646 Interest Calculation (Monthly) 0.65% 0 0 0 0 0 0 0 0 0 0 0 7,146 18,617 30,226 41,846 53,605 65,376 77,287 89,211 101,276 115,292 127,719 139,545 140,680 141,790 143,101 144,025 145,020 145,956 Total Balance 0 0 0 0 0 0 0 0 0 0 0 1,113,697 2,901,258 4,710,429 6,521,219 8,353,768 10,188,088 12,044,319 13,902,474 15,782,693 17,966,929 19,903,593 21,746,475 21,923,355 22,096,344 22,300,645 22,444,670 22,599,690 22,745,646 LIIF 0 0 0 0 0 0 259,457 2,716,836 4,501,897 6,294,261 8,093,959 8,789,470 8,825,434 8,861,544 8,897,803 8,934,210 8,970,766 9,007,471 9,044,326 9,081,333 9,118,491 9,155,800 9,193,263 9,230,879 9,268,648 9,306,573 9,344,652 9,382,887 9,421,279 9,459,828 9,498,534 Interest Rate 0.41% 0 0 0 0 0 0 1,062 11,116 18,420 25,754 33,118 35,964 36,111 36,258 36,407 36,556 36,705 36,856 37,006 37,158 37,310 37,462 37,616 37,770 37,924 38,079 38,235 38,392 38,549 38,706 38,865 Total Balance 0 0 0 0 0 0 260,519 2,727,953 4,520,317 6,320,015 8,127,077 8,825,434 8,861,544 8,897,803 8,934,210 8,970,766 9,007,471 9,044,326 9,081,333 9,118,491 9,155,800 9,193,263 9,230,879 9,268,648 9,306,573 9,344,652 9,382,887 9,421,279 9,459,828 9,498,534 9,537,399 Item 3B - Page 21

ATTACHMENT D

DRAFT FUNDING COMMITMENT LETTER
Item 3B - Page 22
City of Palm Springs
3200 E. Tahquitz Canyon Way • Palm Springs, California 92262 Tel: (760) 323-8299 • Fax: (760) 323-8207 • Web:
www.palmspringsca.gov
April 27, 2023
Mr. Anup Patel
West Hollywood Community Housing Corporation
7530 Santa Monica Boulevard
Hollywood, CA 90046
RE: FUNDING COMMITMENT IN THE AMOUNT OF THREE MILLION DOLLARS ($3,000,000)
Dear Mr. Patel,
I am pleased to inform you the Palm Springs City Council approved your request for supplemental funding at its meeting on April 27, 2023. An amendment to the Disposition and Development Agreement, dated December 9, 2021, by and between the City of Palm Springs and Aloe Palm Canyon, L.P. (DDA) will be increased with funds from the City’s Affordable Housing Set-aside Funds in the amount of THREE MILLION DOLLARS ($3,000,000) for the 71- unit permanent supportive senior housing project in the City of Palm Springs generally at the southwest corner of North Palm Canyon Drive and West Stevens Road (the “Housing Project”).

The capital funds are available as a loan for construction and permanent financing under the following terms:

Interest rate: 3% simple annual
Term of Affordability: 55 years
Term of Loan: 57 years
Repayment: Annual payments based on residual receipts
Collateral: Deed of trust secured by the land and improvements We will provide you with a draft amendment that will outline the terms and conditions for use of the supplemental funds.

Under the terms of the DDA, a separate Regulatory Agreement containing covenants to protect the City’s interest in the special needs housing units developed will be recorded in the Official Records of Riverside County.

Should you have any questions or require additional information, please contact Jay Virata, Community and Economic Development Director, at 760-323-8228 or by email at [email protected].

Item 3B - Page 23
Supplemental Funding Commitment Page 2
West Hollywood Community Housing Corporation
Post Office Box 2743 • Palm Springs, California 92263-2743 We are extremely excited about this opportunity and look forward to working with you! Sincerely,

Scott C. Stiles, City Manager
Item 3B - Page 24

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH PERMANENT

LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES
RECOMMENDATION:

Read by title and introduced an Ordinance entitled, “AN ORDINANCE OF THE CITY

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

5.89 TO THE PALM SPRING MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES.”
Attachments
Item 3C

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 BUSINESS & LEGISLATIVE
SUBJECT: ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH

PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:

The City Council will consider adopting an ordinance that creates and adds Chapter 5.89 to Title 5 of the Palm Springs Municipal Code, permanently extending limitations on the amount that a third-party food delivery service may impose as a fee. This draft ordinance is based on Urgency Ordinance No. 2033, which was passed and enacted by the City Council on October 8, 2020.

The proposed ordinance will continue to make it unlawful for a third-party food delivery service to charge a retail food service establishment a delivery fee that is more than 15 percent of the cost of the purchase price of an online order. The ordinance will also make it unlawful for a third-party food delivery service to charge a retail food service establishment more than 5 percent of the cost of the purchase price of an online food order for the total of all other fees charged. Lastly, the ordinance will continue to require a third-party food delivery service to disclose to the customer each fee that it charged a retail food service establishment and mandates that the drivers receive the entire gratuity paid by the customer.

A violation of the proposed ordinance can be enforced through a private right of action after a third-party food delivery service has been given a period of 15 days to cure the violation. Enforcement of this ordinance, as with the previous temporary ordinance, is intended be solely through a private cause of action. The City is not intended to be the primary enforcement party for this ordinance.

RECOMMENDATION:

Read by title and introduce Ordinance No. _____ entitled, “AN ORDINANCE OF THE

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

5.89 TO THE PALM SPRING MUNICIPAL CODE, REGARDING LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES.”
Item 3C - Page 1
City Council Staff Report
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Third-Party Food Delivery Fee Limitation Ordinance
BACKGROUND:

On March 14, 2020, the City Manager acting as Director of Emergency Services, issued a Proclamation of Local Emergency in response to the ongoing COVID-19 pandemic that was ratified by the City Council on March 19, 2020. Under the initial stay-at-home orders issued by the State in March of 2020, restaurants were prohibited from providing inperson dining and were limited to drive-through, pick-up or delivery. Although restaurants were subsequently authorized to provide in-person, indoor dining on May 12, 2020, that option was again removed by the State on July 1. After that date, restaurants within Palm Springs were only able to provide in-person dining outdoors. As a result of the limitations placed on restaurants being able to provide in-person dining, there had been a significant increase in the use of third-party food delivery services and reports of high delivery fees, which had the effect of discouraging the use of third-party delivery services.

In response to this increase in demand of third-party food delivery services, on October 8, 2020, the City Council enacted Urgency Ordinance No. 2033, which temporarily placed a limit on the charges imposed by third-party delivery services on retail food establishments in an effort to promote the use of these delivery services and protect both City residents and local businesses from excessively high fees. At the time Urgency Ordinance No. 2033 was enacted, it was set to automatically sunset 90 days following the end of the locally declared emergency, unless extended by the City Council or Emergency Services Director.

During its regular meeting on February 21, 2023, the City Council declared an end to the locally declared emergency in response to the COVID-19 pandemic, effective February 28, 2023. Consequently, Urgency Ordinance No. 2033 is set to automatically sunset and expire on May 28, 2023.

At its February 21, 2023 City Council meeting, the City Council considered several items regarding the then-pending termination of the State of Emergency, including whether or not to extend the temporary regulation of third-party food delivery fees. At that time, the City Council directed staff to bring back an ordinance permanently regulating these food delivery fees.

Permanently extending and codifying the limits on the charges imposed by third-party delivery services on retail food establishments in the City Municipal Code would continue to be beneficial to City residents, visitors, food delivery workers, and local businesses by protecting against the economic impacts associated with the imposition of excessive fees, while at the same time promoting the use of these third-party delivery services.

STAFF ANALYSIS:

This proposed ordinance is based on Urgency Ordinance No. 2033, originally adopted in October 2020. Specifically, this ordinance will impose the following regulations on thirdparty food delivery charges:

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City Council Staff Report
April 27, 2023 – Page 3
Third-Party Food Delivery Fee Limitation Ordinance
• Makes it unlawful for a third-party food delivery service to charge a retail food establishment a delivery fee that is more than fifteen (15) percent of the cost of the purchase price of an online order.
• Makes it unlawful for a third-party food delivery service to charge a retail food establishment any amount designated as a “delivery fee” for an online order that does not involve the delivery of food or beverages.
• Makes it unlawful for a third-party delivery service to charge a retail food establishment more than five (5) percent of the cost of the purchase price of an online food order for the total of all other fees charged. • Makes it unlawful for a third-party food delivery service to charge a retail food establishment any fee, commission, or cost, other than as permitted in the three bullet points, above.
• Makes it unlawful for a third-party food delivery service to charge a customer a purchase price that is higher than the price set by the retail food establishment on its menu.
• Requires that the food delivery drivers (not their delivery company) receive the entire gratuity paid by the customer.
• Requires a third-party delivery service to disclose to the customer each fee that it charged a retail food service establishment, as well as any tip that will be paid to the person delivering the food.

As with Urgency Ordinance No. 2033, a violation of the proposed ordinance may be enforced through a private right of action after a third-party delivery service is provided with a period of 15 days to cure the violation. In order to enable such private enforcement, the ordinance provides that a prevailing plaintiff is entitled to be awarded their attorneys’ fees and costs.

ENVIRONMENTAL ASSESSMENT:

The proposed ordinance is not anticipated to have any environmental impact. Therefore, no further environmental review is required under the California Environmental Quality Act (CEQA).

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City’s Strategic Plan’s principle of focusing on issues that most impact quality of life as well as social equity, but protecting the economic wellbeing of customers, restaurants and food deliver workers.

FISCAL IMPACT:

The ordinance, as proposed, will not have any fiscal impact on the City, since it is drafted to be enforced through private causes of action; not by City code enforcement. Should the City Council include a provision that provides for enforcement by the City, there would be additional costs of investigation and enforcement, the amount of which is unknown at this time.

Item 3C - Page 3
City Council Staff Report
April 27, 2023 – Page 4
Third-Party Food Delivery Fee Limitation Ordinance
REVIEWED BY:

City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:

A. Proposed Ordinance
Item 3C - Page 4

ATTACHMENT A
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55575.18100\41080882.1
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89

TO THE PALM SPRING MUNICIPAL CODE, REGARDING

LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES
City Attorney Summary
An ordinance adding Chapter 5.89 to Title 5 of the Palm Springs Municipal Code, which permanently extends the limit on the charges imposed by third-party delivery services on retail food establishments. The Council finds that these provisions will continue to promote the use of third-party delivery services by making them more affordable to City residents, and protect City residents, visitors, third party delivery workers and local businesses from the imposition of excessive fees.

WHEREAS, the City of Palm Springs is a charter city organized pursuant to Article XI, Section 5 of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter.

WHEREAS, with that purpose and intent, on March 14, 2020, the City Manager acting as Director of Emergency Services issued a Proclamation of Local Emergency in response to the ongoing COVID-19 pandemic that was ratified by the City Council on March 19, 2020.

WHEREAS, under the initial stay at home orders issued by the State in March of 2020, restaurants were prohibited from providing in-person dining, and were limited to drive through, pick-up or delivery. Although restaurants were subsequently authorized to provide in-person, indoor dining on May 12, 2020, that option was again removed by the State on July 1. After that date, restaurants within Palm Springs were only able to provide in-person dining outdoors. As a result of the limitations placed on restaurants being able to provide in-person dining, there had been a significant increase in the use of third-party food delivery services, and reports of high delivery fees, which had the effect of discouraging the use of third-party delivery services.

WHEREAS, in response to this increase in demand of third-party food delivery services, on October 8, 2020, the City Council enacted Urgency Ordinance No. 2033, which temporarily placed a limit on the charges imposed by third-party delivery services on retail food establishments in an effort to promote the use of these delivery services and protect both City residents and local businesses from excessively high fees.

WHEREAS, when Urgency Ordinance No. 2033 was enacted, it was set to automatically sunset 90 days following the end of the locally declared emergency, Item 3C - Page 6
55575.18100\41080882.1
Ordinance No. _____

Page 2 ends

unless extended by the City Council or Emergency Services Director.

WHEREAS, during its regular meeting on February 21, 2023, the City Council declared an end to the locally declared emergency in response to the COVID-19 pandemic, effective February 28, 2023.

WHEREAS, as a result of the City Council ending the locally declared emergency, Urgency Ordinance No. 2033 is set to automatically sunset and expire on May 28, 2023.

WHEREAS, upon further review and consideration, the City Council has determined that permanently extending the limit on the charges imposed by thirdparty delivery services on retail food establishments would continue to be beneficial to both City residents, visitors, third party delivery workers and local businesses by protecting against the negative economic impacts associated with the imposition of excessive service delivery fees, as well as protecting the ability of those providing service deliveries to receive tips, while at the same time promoting the use of these third-party delivery services.

WHEREAS, these new regulations shall be codified in Chapter 5.89 and added to Title 5 of the Palm Springs Municipal Code.

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

SECTION 1. Incorporation of Recitals. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Ordinance. The City Council hereby finds that this Ordinance is necessary for the continued protection of City residents and local businesses from the economic impacts associated with the imposing of excessive fees by third-party food delivery services.

SECTION 2. Regulation of Third-Party Food Delivery Service Fees.

The Palm Springs Municipal Code shall be amended to add a new Chapter 5.89, to read as follows:
“Chapter 5.89 Regulation of Third-Party Food Delivery
Charges

5.89.010 Definitions

5.89.020 Regulations.

5.89.030 Disclosures.

5.89.040 Enforcement.

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5.89.010 Definitions.

For purposes of this ordinance, the following definitions apply.

A. "City" means the City of Palm Springs.

B. "Delivery Fee" means a fee charged by a Third-party Food Delivery Service for providing a Retail Food Establishment with a service that delivers food and beverages from such establishment to customers. The term does not include any other fee or cost that may be charged by a Third-party Food Delivery Service to a Retail Food Establishment, such as fees for listing or advertising the Retail Food Establishment on the Third-party Food Delivery Service platform or fees related to processing the online order, including, but not limited to, service fees, fees for facilitating Online Orders for pick-up, and credit card processing fees.

C. "Online Order" means an order placed by a customer
through or with the assistance of a platform provided by a Third-Party Food Delivery Service, including a telephone order, for delivery or pick-up within the City.

D. "Purchase Price" means the price, as listed on the menu, for the items contained in an Online Order, minus any applicable coupon or promotional discount provided to the customer by the Retail Food Establishment through the Third-Party Food Delivery Service. This definition does not include taxes, gratuities, and any other fees or costs that may make up the total amount charged to the customer of an Online Order
E. “Retail Food Establishment" means a restaurant,
delicatessen bakery, coffee shop, or other eat-in or carry-out service of processed or prepared and ready-to-eat food or beverages.

F. "Third-party Food Delivery Service" means any website, mobile application, or other internet service that offers or arranges for the sale of food and beverages prepared by, and the delivery or pick-up of food and beverages from, no fewer than 20 Retail Food Establishments located in the City that are each owned and operated by different persons.

5.89.020 Regulations.

A. It shall be unlawful for a Third-party Food Delivery Service to charge a Retail Food Establishment a Delivery Fee that totals more than fifteen (15) percent of the Purchase Price of each Online Order.

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B. It shall be unlawful for a Third-party Food Delivery Service to charge a Retail Food Establishment any amount designated as a Delivery Fee for an Online Order that does not involve the delivery of food or beverages, or both.

C. It shall be unlawful for a Third-party Food Delivery Service to charge a Retail Food Establishment any combination of fees, commissions, or costs for the Retail Food Establishment's use of the Third-party Food Delivery Service that is greater than five (5) percent of the Purchase Price of each Online Order. Fees, commissions, or costs do not include Delivery Fee
D. It shall be unlawful for a Third-party Food Delivery Service to charge a Retail Food Establishment any fee, commission, or cost that is to be paid to the Third-party Food Delivery Service, other than as permitted in Subsections A through C, above.

E. It shall be unlawful for a Third-party Food Delivery Service to charge a customer any Purchase Price for a food or beverage item that is higher than the price set by the Retail Food Establishment on the Third-Party Food Delivery Service or, if no price is set by the Retail Food Establishment on the Third-Party Food Delivery Service, the price listed on the Retail Food Establishment's own menu.

F. It shall be unlawful for a Third-party Food Delivery service to retain any portion of amounts designated as a tip or gratuity. Any tip or gratuity shall be paid by the Third-party Delivery Service, in its entirety, to the person delivering the food or beverages.

G. As an example, if a customer orders a meal that is advertised for $10.00 on the Third-party Food Delivery Service’s app., the Thirdparty Food Delivery Service cannot charge the customer more than $10.00 for the meal. Nor can the Third-party Food Delivery Service charge the restaurant more than $1.50 as a Delivery Fee. Nor can the Third-party Food Delivery Service charge the restaurant more than 50¢ as a fee or commission for the restaurant’s placement on the Third-party Food Delivery Service’s app. Finally, if the customer agrees to provide the delivery person a $2.00 tip, that tip must go to the delivery person; not the Third-party Food Delivery Service company.

5.89.030 Disclosures.

The Third-party Food Delivery Service shall disclose to the customer an accurate, clearly identified, and itemized cost breakdown of each Item 3C - Page 9
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transaction, including, but not limited to the following:
(a) the Purchase Price of the food and beverages at the cost listed on the Retail Food Establishment's menu;
(b) the Delivery Fee charged to the Retail Food
Establishment;
(c) each fee, commission, or cost, other than a Delivery Fee, charged to the Retail Food Establishment;
(d) each fee, commission, or cost, other than the Delivery Fee or the Purchase Price of the food, charged to the
customer by the Third-party Food Delivery Service;
and
(e) any tip or gratuity that will be paid to the person delivering the food or beverages.

5.89.040 Enforcement.

A violation of this ordinance shall subject the violator to the following:

A. A civil action in the Superior Court of the State of California to recover all actual damages resulting from a violation of this ordinance.

B. Reasonable attorneys' fees and costs awarded by a court to a plaintiff that prevails in an action against a Third-party Food Delivery Service. If plaintiff fails to prevail against a Third-party Food Delivery Service, a court may award reasonable attorneys' fees and costs to the Third-party Food Delivery Service upon a determination by the court that the plaintiff's action was frivolous.

C. A civil action alleging a violation of any provision of this ordinance shall commence only after the following requirements have been met:

1. Written notice is provided to the Third-party Food
Delivery Service of the provisions of the ordinance alleged to have been violated and the facts to support the alleged violation; and

2. The Third-party Food Delivery Service is provided 15 days from the date of the written notice to cure any alleged violation.

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D. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this ordinance, nor shall it be enforced as a violation of a City ordinance. Enforcement of this ordinance shall be solely through a private cause of action. Neither the City nor its staff is responsible for enforcement of this ordinance.

SECTION 3. 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.

SECTION 4. CEQA. The City Council determines that the adoption of this Urgency Ordinance is exempt from environmental review under the California Environmental Quality Act (“CEQA”) pursuant to the following provisions of the CEQA Guidelines, 14 California Code of Regulations, Chapter 3: this Urgency Ordinance is exempt under CEQA Guidelines Section 15378(b)(5) in that it is not a “project” under CEQA and will not result in direct or indirect physical changes in the environment.

SECTION 5. Adoption, Certification, and Publication. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL this _____ day of ______________, 2023.

GRACE ELENA GARNER
MAYOR
ATTEST:

BRENDA PREE, MMC

CITY CLERK
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was adopted without introduction at a regular meeting of the City Council held on _________________, 2023 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 _________, 2023.

BRENDA PREE, MMC

CITY CLERK
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