Agenda packet — Palm Springs City Council, May 11, 2023 (part 1 of 3)

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE

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

REGULAR MEETING AGENDA
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

MAY 11, 2023

3:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor Pro Tem
Ron deHarte, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

Please note any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items and determine which agenda items will be considered before the 11:00 p.m.

Adjournment time.

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ

3:00 P.M. CLOSED SESSION

CALL TO ORDER:

PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY (Council Chamber): The City Council welcomes public input. Members of the public may address the City Council on Closed Session items by contacting the City Clerk's Office at 760-323-8204. Pursuant to State Law, the City Council may not discuss or take action on issues not on the meeting agenda (Government Code Section 54954.2). If you are compensated to communicate with City officials, you may be required to register and/or make certain disclosures as a lobbyist. Please see the City Clerk for additional information.

RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES

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

The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.

REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) May 11, 2023 City Council Regular Meeting Agenda 2
PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

1. CONSENT CALENDAR:

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

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

By motion, find that:

The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and

1. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

2. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings

3. B. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of April 27, 2023.

C. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS / DISBURSEMENTS FOR THE PERIOD ENDING 04-01-23 AND 04-15-23 TOTALING $4,321,361.73 AND ACCOUNTS PAYABLE WARRANTS DATED 03-30-23 AND 04-13-23 TOTALING $7,534,567.47, IN THE AGGREGATE AMOUNT OF $11,855,929.20, DRAWN ON BANK OF AMERICA."

May 11, 2023 City Council Regular Meeting Agenda 3
D. APPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH

GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU

INSIGHTS & ANALYTICS, LLC, FOR TRANSIENT OCCUPANCY TAX AUDIT

SERVICES
RECOMMENDATION:

Approve Contract Services Agreement No. 23P064 (Attachment A) with Government Revenue Solutions Holdings I, LLC, DBA Avenu Insights & Analytics, LLC, to provide transient occupancy tax audit services for a five-year term in an amount not to exceed $570,000 beginning July 1, 2023 through June 30, 2028.

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

E. AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN THE AMOUNT OF $1,805,000 FOR THE AIRPORT COMMON USE PODIUMS - BONO CONCOURSE, CITY PROJECT 21-28
RECOMMENDATION:

Approve the construction contract with CALTEC Corporation, a California corporation, in the amount of $1,805,000 for the Airport Common Use Podiums - Bono Concourse, City Project No. 21-28.

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

2. Appropriate $1,411,654 from Airport Special Capital Projects fund balance.3.

F. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9069 WITH ALLISON MECHANICAL, INC. FOR HVAC MAINTENANCE AND INSTALLATION

SERVICES
RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9069 with Allison Mechanical, Inc., to provide HVAC Maintenance and Installation Services in an additional amount of $300,000 for a total revised contract amount not to exceed $900,000 through April 10, 2025.

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

G. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9136 WITH PUB CONSTRUCTION, INC., FOR BUILDING REPAIR AND RENOVATION SERVICES RECOMMENDATION:

Approve Amendment No. 1 to Agreement No. A9136 (Attachment A) with PUB Construction, Inc., to provide building repair and renovation services in an additional amount of $450,000 for a total revised contract amount not to exceed $750,000 through June 19, 2025.

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

H. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT May 11, 2023 City Council Regular Meeting Agenda 4
H. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $126,500 FOR PURCHASE OF THE ARTWORK “CRAWLER” BY ARTIST

RYAN CAMPBELL FOR PLACEMENT AT THE SOUTHEAST CORNER OF
MUSEUM WAY AT MUSEUM DRIVE (BLOCK H2)
RECOMMENDATION:

Appropriate Public Art Funds (Fund 150) in the amount of $126,500 to account #1502550-60030.

1. Approve the expenditure of Public Art Funds in the amount of $126,500 for the “Crawler” Public Art Project.

2. Approve placement of the artwork “Crawler” at the southeast corner of Museum Way at Museum Drive.

3. Approve Agreement for Purchase and Sale of Public Artwork with artist Ryan Campbell for the artwork “Crawler.”

4. Authorize the City Manager to execute all necessary documents to facilitate the purchase and installation costs of the artwork “Crawler.”

5. I. APPROVAL OF THE FISCAL YEAR 2023/2024 CSA 152 SPECIAL

ASSESSMENT RATE
RECOMMENDATION:

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

CITY OF PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND

REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR
COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2023/2024 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”

J. APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA

VALLEY ASSOCIATION OF GOVERNMENTS TO PROVIDE CASE

MANAGEMENT AND OUTREACH SERVICES TO HOMELESS INDIVIDUALS IN THE COACHELLA VALLEY FOR A TERM OF THREE YEARS AT $100,000 PER YEAR, TOTALING $300,000
RECOMMENDATION:

Approve a Memorandum of Understanding with the Coachella Valley Association of Governments in the amount of $300,000 to provide services to unhoused individuals and families in the Coachella Valley and the City of Palm Springs.

1. Authorize the City Manager to execute all necessary documents to facilitate the implementation of the Memorandum of Understanding.

2. K. ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) FOR May 11, 2023 City Council Regular Meeting Agenda 5
K. ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
RECOMMENDATION:

Accept the report as presented; and1.

Direct staff to make no changes to the report filed on April 1, 2023 (and subsequently revised) with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

2. L. APPROVAL OF A PURCHASE ORDER TO KIMLEY-HORN AND ASSOCIATES

FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR CITYWIDE TRAFFIC SIGNAL SYSTEM UPGRADES FOR CITY PROJECT 21-10
RECOMMENDATION:

Approve a purchase order in an amount not to exceed $135,250 with Kimley-Horn, pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for the subject project.

1. Delegate authority to the City Manager or designee to approve contract amendments up to a total amount of $27,050 (20%).

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

M. APPROPRIATE FUNDING AND APPROVAL EXPENDITURE IN THE AMOUNT OF $40,500 FOR A ONE-YEAR INSTALLATION, FROM JULY 1, 2023, TO JUNE 30, 2024, OF THE ARTWORK “THE ONLY OTHER THING IS NOTHING” BY

ARTIST MICHAEL BIRNBERG (AKA MIDABI) FOR PLACEMENT AT THE

SOUTHEAST CORNER OF MUSEUM WAY AT MUSEUM DRIVE
RECOMMENDATION:

Appropriate Public Art Funds (Fund 150) in the amount of $40,500 to account #1502550-60030.

1. Approve the expenditure of Public Art Funds in the amount of $$40,500 for the “The Only Other Thing is Nothing” Art Project.

2. Approve placement of the artwork “The Only Other Thing is Nothing” at the southeast corner of Museum Way at Museum Drive.

3. Authorize the City Manager to execute all necessary documents to facilitate the temporary installation of the artwork “The Only Other Thing is Nothing.”

4. N. REPORT ON CITY COUNCIL STRATEGIC VISIONING SESSION RECOMMENDATION:

Receive and file.

O. APPROVE SERVICE AGREEMENT NO. 23B079 WITH WEST AVIATION May 11, 2023 City Council Regular Meeting Agenda 6
O. APPROVE SERVICE AGREEMENT NO. 23B079 WITH WEST AVIATION

SERVICES-SAN DIEGO DBA SIERRA AVIATION GROUP FOR BAGGAGE

RELOCATION SERVICES
RECOMMENDATION:

Approve Contract Services Agreement No. 23B079 with West Aviation Services-San Diego DBA Sierra Aviation Group for baggage relocation and wayfinding services in an amount not to exceed $2,000,000 for the initial three-year term beginning June 1, 2023, through May 31, 2026, with two one-year extension options at the City’s sole discretion.

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

2. P. ACCEPT A GRANT AWARD FROM THE CALIFORNIA PUBLIC UTILITIES COMMISSION IN THE AMOUNT OF $80,546 FOR BROADBAND ADOPTION

SERVICES AT THE PALM SPRINGS PUBLIC LIBRARY
RECOMMENDATION:

Accept a grant award from the California Public Utilities Commission in the amount of $80,546 for broadband adoption services at the Palm Springs Public Library.

1. Q. APPROVE COOPERATIVE AGREEMENT WITH CODE 3 TECHNOLOGY FOR

THE PURCHASE, INSTALLATION AND EXTENDED WARRANTY COVERAGE

OF GETAC MOBILE COMPUTERS FOR THE POLICE AND FIRE

DEPARTMENTS
RECOMMENDATION:

Approve Contract Service Agreement 23C105 with Code 3 Technology for the purchase, installation, and extended warranty coverage of ruggedized Getac computers for use by the Police and Fire Departments, in an amount not to exceed $590,508.35.

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

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

May 11, 2023 City Council Regular Meeting Agenda 7

2. PUBLIC HEARINGS:

A. A REQUEST BY SELENE PALM SPRINGS, LLC, FOR AN AMENDMENT TO

THE PREVIOUSLY APPROVED FINAL DEVELOPMENT PLANS AND

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

TO THE FINAL LANDSCAPE PLANS FOR THE DEVELOPMENT LOCATED AT

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

CONSIDERATION OF A SETTLEMENT AND DEVELOPMENT AGREEMENT TO

FACILITATE THE COMPLETION OF THE PROJECT
RECOMMENDATION:

Open the public hearing and receive public testimony.1.

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

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

APPROVING A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT

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

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

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

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

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

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE

SETTLEMENT AND DEVELOPMENT AGREEMENT BY AND BETWEEN

THE CITY OF PALM SPRINGS AND SELENE PALM SPRINGS LLC
RELATED TO THE DEVELOPMENT OF THE DREAM HOTEL PROJECT.”

3. Approve and authorize the City Manager to execute the Settlement and Development Agreement, attached hereto in substantially final form and subject to minor modifications as approved by the City Manager and City Attorney, and to take all necessary actions to achieve the intent of this Agreement.

4. 3. BUSINESS & LEGISLATIVE: None.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the May 11, 2023 City Council Regular Meeting Agenda 8
PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

CITY COUNCIL AND CITY MANAGER COMMENTS, REPORTS, & AGENDA DEVELOPMENT: This time is set aside for the City Council and City Manager to provide additional general comments and reports. Additionally, the City Council and City Manager may briefly discuss items of concern and prioritize agenda items for future meeting dates.

ADJOURNMENT:

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

City of Palm Springs )

I, Brent Rasi, Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on May 5, 2023, and posted on the City’s website as required by established policies and procedures.

____________________________
Brent Rasi,
Deputy City Clerk

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

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

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

May 11, 2023 City Council Regular Meeting Agenda 9

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

AGENDA EN ESPAÑOL DISPONIBLE EL LUNES - HAGA CLIC AQUÍ
Attachments
2023-05-011 Regular Session Agenda Spanish

5.30 P.M. ASAMBLEA ORDINARIA

LLAMADA AL ORDEN:

JURAMENTO A LA BANDERA:

LISTA DE ASISTENCIA:

PRESENTACIONES:

A. PRESENTACIONES, PROCLAMAS Y OTRAS NOTIFICACIONES

ACEPTACIÓN DEL ORDEN DEL DÍA: El Ayuntamiento de la ciudad discutirá el orden del día y puede modificarlo, agregar temas urgentes, dar cuenta de abstenciones o votos negativos sobre los temas del Calendario de Consentimiento y solicitar que se eliminen temas de dicho calendario. El Ayuntamiento de la ciudad también puede eliminar temas del Calendario de consentimiento antes de tratar esa parte del Orden del Día.

INFORME DE LA SESIÓN A PUERTAS CERRADAS:

TESTIMONIO PÚBLICO: (SOLO para temas del orden del día de la audiencia no pública ) Se reserva este momento para que los miembros del público se dirijan al Ayuntamiento de la ciudad para expresar su opinión únicamente sobre temas incluidos en el orden del día. Se le asignarán dos (2) minutos a cada orador. Solo se tomará testimonio para las Audiencias Públicas al momento de la audiencia y el testimonio para temas no incluidos en el orden del día se tomará más adelante, durante la reunión.

1. CALENDARIO DE CONSENTIMIENTO:

Los siguientes temas de rutina pueden tratarse con una moción. El Ayuntamiento puede eliminar temas individuales para discutirlos de manera separada en este momento o bajo Aceptación del Orden del Día.

El título de la ordenanza se considera leído en su totalidad y se renuncia a la necesidad de una lectura más extensa de cualquier otra ordenanza que aparezca en el Calendario de Consentimiento.

A. CONCLUSIÓN DE REALIZACIÓN DE ASAMBLEAS DEL AYUNTAMIENTO DE LA CIUDAD Y LA JUNTA, LA COMISIÓN Y EL COMITÉ EN FORMA VIRTUAL DE CONFORMIDAD CON EL PROYECTO DE LEY 361.

RECOMENDACIÓN:

Por moción, informar lo siguiente:

1. Que el Ayuntamiento de la ciudad ha reconsiderado las circunstancias del estado de emergencia. Si bien los estados de emergencia declarados por funcionarios estatales y locales han concluido, la propagación comunitaria del COVID-19 sigue existiendo y es necesario seguir implementando medidas para reducirla, incluyendo el distanciamiento físico, para preservar la salud, el bienestar y la seguridad del público.

2. Los funcionarios estatales y locales siguen recomendando medidas de distanciamiento social que pueden afectar la capacidad del Ayuntamiento y el público para reunirse en persona de manera segura: y

3. El Ayuntamiento de la ciudad y sus órganos subordinados (Juntas, Comisiones y Comités) estarán autorizados a celebrar audiencias públicas según lo dispuesto en el artículo 54953(e)(2) del Código de Gobierno y otras disposiciones relevantes de la Ley Brown referidas a las reuniones por videoconferencia exclusivamente remotas o híbridas.

B. APROBACIÓN DE ACTAS

RECOMENDACIÓN: Aprobar las Actas de la Asamblea del Ayuntamiento de la Ciudad del 27 de abril de 2023.

C. APROBACIÓN DE GARANTÍAS, RECLAMOS Y DEMANDAS DE NÓMINA

RECOMENDACIÓN: Aprobar una Resolución titulada: “RESOLUCIÓN DEL AYUNTAMIENTO DE LA CIUDAD DE PALM SPRINGS, CALIFORNIA, QUE APRUEBA EL PAGO DE GARANTÍAS/ DESEMBOLSOS PARA LOS PERIODOS FINALIZADOS EL 01-04-23 Y 15-04-23 QUE ASCIENDEN A $4.321.361,73 Y LAS ÓRDENES DE CUENTAS POR PAGAR CON FECHA DEL 30 -03-23 Y 13-04-23 QUE ASCIENDEN A $7.534.567,47, POR UN TOTAL DE $11.855.929,20, GIRADOS CONTRA EL BANCO BANK OF AMERICA.

D. APROBAR ACUERDO DE CONTRATACIÓN DE SERVICIOS N° 23P064 con GOVERNMENT

REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU INSIGHTS & ANALYTICS, LLC, POR SERVICIOS DE AUDITORÍA DEL IMPUESTO POR ESTANCIA TEMPORAL

RECOMENDACIÓN:

1. Aprobar el Acuerdo de Contratación de Servicios N° 23P064 (Adjunto A) con Government Revenue Solutions Holdings I, LLC, DBA Avenu Insights & Analytics, LLC, para brindar servicios de auditoría del impuesto por estancia temporal por un periodo de 5 años por un monto máximo de $570.000 desde el 1 de julio de 2023 hasta el 30 de junio de 2028.

2. Autorizar al Administrador de la Ciudad o a quien este designe a firmar todos los documentos que corresponda.

E. ADJUDICAR UN CONTRATO DE CONSTRUCCIÓN A LA COMPAÑÍA CALTEC POR UN MONTO DE $1.805.000 PARA LOS PODIOS DE USO COMÚN DEL AEROPUERTO - BONO CONCOURSE, PROYECTO DE LA CIUDAD 21-28

RECOMENDACIÓN:

1. Aprobar el contrato de construcción con CALTEC Corporation, una compañía de California, por $1.805.000 para los Podios de Uso Común del Aeropuerto - Bono Concourse, Proyecto de la Ciudad N° 21-28.

2. Autorizar al Administrador de la Ciudad o a quien este designe a firmar todos los documentos que corresponda.

3. Asignar $1.411.654 del saldo del fondo para Proyectos Especiales de Inversión en Aeropuertos .

F. APROBAR LA ENMIENDA N° 1 AL CONTRATO N° A9069 CON ALLISON MECHANICAL, INC.

POR SERVICIOS DE INSTALACIÓN Y MANTENIMIENTO DE SISTEMAS DE CALEFACCIÓN, VENTILACIÓN Y AIRE ACONDICIONADO (HVAC)

RECOMENDACIÓN:

1. Aprobar la Enmienda N° 1 al Acuerdo N° A9069 con Allison Mechanical, Inc. para la prestación de servicios de instalación y mantenimiento de sistemas de calefacción, ventilación y aire acondicionado (HVAC, por sus siglas en inglés) por un monto adicional de $300.000 por un monto total revisado que no supere $900.000 hasta el 10 de abril de 2025.

2. Autorizar al Administrador de la Ciudad o a quien este designe a firmar todos los documentos que corresponda.

G. APROBAR ENMIENDA N° 1 AL CONTRATO N° A9136 CON PUB CONSTRUCTION, INC., POR SERVICIOS DE REPARACIÓN Y REMODELACIÓN DE EDIFICIOS

RECOMENDACIÓN:

1. Aprobar la Enmienda N° 1 al Acuerdo N° A9136 (Adjunto A) con PUB Construction, Inc. para la prestación de servicios de reparación y remodelación de edificios por un monto adicional de $450.000 por un monto total revisado que no supere $750.000 hasta el 19 de junio de 2025.

2. Autorizar al Administrador de la Ciudad o a quien este designe a firmar todos los documentos requeridos.

H. ASIGNAR FONDOS Y APROBAR GASTOS POR $126.500 PARA LA COMPRA DE LA OBRA DE ARTE “CRAWLER” DEL ARTISTA RYAN CAMPBELL A SER COLOCADA EN LA ESQUINA SURESTE DE MUSEUM WAY EN MUSEUM DRIVE (CUADRA H2)

RECOMENDACIÓN:

1. Asignar $126.500 de los Fondos Públicos para Arte (Fondo 150) a la cuenta 1502550- 60030.

2. Aprobar un gasto del Fondo Público de Arte por $126.500 para el Proyecto de Arte Público “Crawler”.

3. Aprobar la colocación de la obra “Crawler” en la esquina sureste de Museum Way en Museum Drive.

4. Aprobar el Acuerdo de Compraventa de Obras de Arte Público para comprar la obra “Crawler” al artista Ryan Campbell.

5. Autorizar al Administrador de la Ciudad a firmar todos los documentos que corresponda para facilitar la compra y los costos instalación de la obra “Crawler”.

I. APROBACIÓN DE LA TASA ESPECIAL PARA EL ÁREA DE SERVICIO DEL CONDADO 152 PARA EL EJERCICIO FISCAL 2023/2024

RECOMENDACIÓN: Aprobar una resolución titulada “RESOLUCIÓN DEL AYUNTAMIENTO DE LA CIUDAD DE PALM SPRINGS, CALIFORNIA, QUE DECIDE Y REAFIRMA LA FIJACIÓN DE TARIFAS PARA EL ÁREA DE SERVICIOS DEL CONDADO (CSA) 152 PARA EL EJERCICIO FISCAL 2023/2024

PARA FINANCIAR EL PERMISO DEL SISTEMA NACIONAL DE DESCARGA DE CONTAMINANTES DE LA CIUDAD (NPEDES, por sus siglas en inglés) PARA PODER OPERAR Y MANTENER LOS SISTEMAS DE CONTROL DE INUNDACIONES Y DRENAJE DE LA CIUDAD”.

J. APROBAR MEMORÁNDUM DE ENTENDIMIENTO CON LA ASOCIACIÓN DE GOBIERNOS DEL VALLE DE COACHELLA PARA LA PRESTACIÓN DE SERVICIOS COMUNITARIOS Y DE GESTIÓN

DE CASO A LAS PERSONAS SIN HOGAR DEL VALLE DE COACHELLA POR UN PLAZO DE TRES AÑOS POR $100.000 POR AÑO Y UN TOTAL DE $300.000

RECOMENDACIÓN:

1. Aprobar un Memorándum de Entendimiento con Coachella Valley Association of Governments por $300.000 para la prestación de servicios a personas y familias sin hogar en el Valle de Coachella y la ciudad de Palm Springs.

2. Autorizar al Administrador de la Ciudad a firmar todos los documentos que corresponda para facilitar la implementación del Memorándum de Entendimiento.

K. ACEPTAR EL INFORME DE PROGRESO ANUAL DE VIVIENDA DEL AÑO CALENDARIO 2022 A

PRESENTAR ANTE EL DEPARTAMENTO DE VIVIENDA Y DESARROLLO DE LA COMUNIDAD

RECOMENDACIÓN:

1. Aceptar el informe como se presentó; y

2. Ordenar al personal que no haga modificaciones en el informe presentado el 1 de abril de 2023 (y revisado, posteriormente) ante el Departamento de Vivienda y Desarrollo de la Comunidad y la Oficina Gubernamental de Planificación e Investigación.

L. APROBACIÓN DE UNA ORDEN DE COMPRA A KIMLEY-HORN AND ASSOCIATES POR SERVICIOS DE INGENIERÍA DE TRÁFICO A PEDIDO PARA MEJORAS EN LAS SEÑALES DE TRÁFICO DE LA CIUDAD PARA EL PROYECTO DE LA CIUDAD 21-10

RECOMENDACIÓN:

1. Aprobar una orden de compra por un máximo de $135.250 con Kimley-Horn, según el acuerdo “a pedido” de la ciudad (A8342), por servicios de ingeniería de tráfico para el proyecto en cuestión.

2. Delegar facultades al Administrador de la Ciudad o a quien este designe para que apruebe las enmiendas contractuales hasta un monto total de $27.050 (20%).

3. Autorizar al Administrador de la Ciudad a firmar todos los documentos que corresponda.

M. ASIGNAR FONDOS Y APROBAR GASTOS POR $40.500 POR LA INSTALACIÓN DURANTE UN AÑO, DEL 1 DE JULIO 2023 AL 30 DE JUNIO DE 2024, DE LA OBRA DE ARTE “THE ONLY OTHER THING IS NOTHING” DEL ARTISTA MICHAEL BIRNBERG (AKA MIDABI) EN LA E SQUINA

SURESTE DE MUSEUM WAY EN MUSEUM DRIVE

RECOMENDACIÓN:

1. Asignar $40.500 de los Fondos Públicos para Arte (Fondo 150) a la cuenta 1502550- 60030.

2. Aprobar un gasto del Fondo Público de Arte por $40.500 para el Proyecto de Arte “The Only Other Thing is Nothing” (“La única otra cosa es nada”).

3. Aprobar la colocación de la obra “The Only Other Thing is Nothing” en la esquina sureste de Museum Way en Museum Drive.

4. Autorizar al Administrador de la Ciudad a firmar todos los documentos que corresponda para facilitar la instalación de la obra de arte “The Only Other Thing is Nothing”.

N. INFORMAR SOBRE LA SESIÓN DE VISIÓN ESTRATÉGICA DEL AYUNTAMIENTO DE LA CIUDAD

RECOMENDACIÓN: Recibir y archivar.

O. APROBAR ACUERDO DE SERVICIOS N° 23B079 CON WEST AVIATION SERVICES-SAN DIEGO

DBA SIERRA AVIATION GROUP POR SERVICIOS DE TRASLADO DE EQUIPAJE

RECOMENDACIÓN:

1. Aprobar el Acuerdo de Contratación de Servicios 23B079 con West Aviation Services -San Diego DBA Sierra Aviation Group para la prestación de servicios de traslado de equipaje por un máximo de $2.000.000, por el plazo inicial de tres años a contar, desde 1 de junio de 2023 hasta el 31 de mayo de 2026, con opción de extenderse por dos periodos de un año a opción y al criterio absoluto del Ayuntamiento.

2. Autorizar al Administrador de la Ciudad o a quien este designe a firmar todos los documentos que corresponda.

P. ACEPTAR UN SUBSIDIO DE LA COMISIÓN DE SERVICIOS PÚBLICOS DE CALIFORNIA POR $80.546 PARA LA ADOPCIÓN DE SERVICIOS DE BANDA ANCHA EN LA BIBLIOTECA PÚBLICA

DE PALM SPRINGS

RECOMENDACIÓN:

1. Aceptar un subsidio de la Comisión de Servicios Públicos de California por $80.546 Para la adopción de servicios de banda ancha en la Biblioteca Pública de Palm Springs.

Q. APROBAR UN ACUERDO COOPERATIVO CON CODE 3 TECHNOLOGY PARA LA COMPRA, INSTALACIÓN Y GARANTÍA CON COBERTURA EXTENDIDA DE COMPUTADORAS MÓVILES GETAC PARA LOS DEPARTAMENTOS DE POLICÍA Y BOMBEROS
RECOMENDACIÓN:

1. Aprobar el Acuerdo para la Contratación de Servicios 23C105 con Code 3 Technology para la compra, instalación y cobertura con garantía extendida de computadoras reforzadas Getac para los Departamentos de Policía y Bomberos, por un máximo de $590.508,35.

2. Autorizar al Administrador de la Ciudad o a quien este designe a firmar todos los documentos que corresponda.

CALENDARIO DE CONSENTIMIENTO EXCLUIDO: En este punto se consideran los puntos que se han quitado del Calendario de Consentimiento para considerarlos por separado .

2. AUDIENCIAS PÚBLICAS:

A. PEDIDO DE SELENE PALM SPRINGS, LLC PARA QUE SE ENMIENDEN LOS PLANOS FINALE S

DE DESARROLLO PREVIAMENTE APROBADOS Y EL MAPA TENTATIVO DE FRACCIONAMIENTO PARA QUE DREAM HOTEL INCLUYA 24 UNIDADES DE CONDOMINIO MÁS EN LA SECCIÓN SURESTE DEL SITIO; RECONFIGURACIÓN DE LAS 12 UNIDADES DE CONDOMINIO EN EL ÁREAS NOROESTE DEL SITIO Y AUMENTO DE LA CANTIDAD DE UNIDADES DE CONDOMINIO EN TORRE DE 28 A 29 Y MODIFICACIONES A LOS PLANES FINALES DE PAISAJISMO PARA EL

DESARROLLO UBICADO EN LA ESQUINA NOROESTE DE AVENIDA CABAL LEROS Y AMADO, ZONE PDD 333, SECCIÓN 14 (CASO 5.1132-PD 333/TTM 35236) Y CONSIDERACIÓN DE UN CONVENIO Y ACUERDO DE DESARROLLO PARA FACILITAR LA FINALIZACIÓN DEL PROYECTO

RECOMENDACIÓN:

1. Abrir la Audiencia Pública y recibir el testimonio público.

2. Cerrar la audiencia pública y aprobar una Resolución titulada “RESOLUCIÓN DEL

AYUNTAMIENTO DE LA CIUDAD DE PALM SPRINGS, CALIFORNIA, QUE APRUEBA LA

PROPUESTA DE ENMIENDA A LOS PLANOS FINALES DE DESARROLLO DE UN PDD (PLANDE DESARROLLO DEL DISTRITO) FINAL PREVIAMENTE APROBADO PARA QUE INCLUYA VEINTICUATRO UNIDADES RESIDENCIALES; ELIMINAR EL CENTRO DE EVENTOS EN LA SECCIÓN SURESTE DEL SITIO; RECONFIGURAR LAS 12 UNIDADES DE CONDOMINIO EN LA SECCIÓN NOROESTE DEL SITIO; MODIFICAR LA TORRE RESIDENCIAL PARA AGREGAR UNA UNIDAD MÁS PARA INCREMENTAR EL NÚMERO DE UNIDADES DE 40 A 65 Y HACER MODIFICACIONES MENORES A LOS PLANES FINALES DE PAISAJISMO DEL DREAM HOTEL, UBICADO EN 450 NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14.”

3. Aprobar una resolución titulada “RESOLUCIÓN DEL AYUNTAMIENTO DE LA CIUDAD DE

PALM SPRINGS, CALIFORNIA, QUE APRUEBA EL CONVENIO Y ACUERDO DE

DESARROLLO ENTRE LA CIUDAD DE PALM SPRINGS Y SELENE PALM SPRINGS LLC RESPECTO DEL DESARROLLO DEL PROYECTO DREAM HOTEL”.

4. Aprobar y autorizar al Administrador de la Ciudad a firmar el Convenio y el Acuerdo de Desarrollo, adjunto al presente esencialmente en su forma definitiva y sujeto a modificaciones menores, según lo apruebe el Administrador de la Ciudad y el Abogado Municipal y tomar todas las medidas necesarias para cumplir con el objeto de este Acuerdo.

3. ASUNTOS COMERCIALES Y LEGISLATIVOS: Ninguno.

COMENTARIOS PÚBLICOS: (temas no incluidos en el Orden del Día) Se reserva este momento para que los miembros del público se dirijan al Ayuntamiento de la ciudad por temas de interés general que estén dentro de la jurisdicción de la ciudad. Si bien el Ayuntamiento valora sus comentarios . Según la Ley Brown, por lo general, no puede implementar acciones sobre temas que no estén incluidos en el orden del día publicado. Se le asignarán dos (2) minutos a cada orador.

COMENTARIOS, INFORMES Y REDACCIÓN DEL ORDEN DEL DÍA DEL AYUNTAMIENTO Y DEL ADMINISTRADOR DE LA CIUDAD: se reserva este momento para que el Ayuntamiento y el Administrador de la ciudad brinden otros comentarios generales e informes. Además, el Ayuntamiento y el Administrador de la ciudad pueden discutir brevemente temas de interés y priorizar temas del orden del día para asambleas futuras.

SE LEVANTA LA SESIÓN

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:
3:00 P.M. CLOSED SESSION
Attachments
2023-05-11 Closed Session Agenda

CITY COUNCIL

AND AS SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CLOSED SESSION AGENDA
Thursday, May 11, 2023 – 3:00 p.m.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in - person public access to the meeting location.

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

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

CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION G.C 54956.9(d)(1)

Worker’s Compensation Claim No. 15-123192 (WCAB No. ADJ10804379), Claimant – Craig Herrera

CONFERENCE WITH LEGAL COUNSEL —SIGNIFICANT EXPOSURE TO LITIGATION G.C § 54956.9(d)(2)

Four (4) matters.

Argonaut Insurance Company Claim

Claim No. 22-0903, dated April 27, 2022, filed by Law Offices of Monrow Mabon and Barry J.

Bennett, on behalf of Pearl Devers, Survivors & Descendants of Section 14.

Claim No. 22-0960, dated November 29, 2022, filed by Areva Martin, Esq., Martin & Martin, LLP Pearl Devers & Section 14 Survivors and Descendants

CONFERENCE WITH LEGAL COUNSEL—INITIATION OF LITIGATION G.C § 54956.9(d)(4)

One (1) matter.

Closed Session Agenda
May 11, 2023

Page 2 ends

CONFERENCE WITH LABOR NEGOTIATORS____ __________G.C. § 54957.6

City Negotiators:

Employee organization:

Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, Human Resources Director
Peter Brown, Legal Counsel

Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Unrepresented Employees

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

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

By motion, find that:

The City Council has reconsidered the circumstances of the state of emergency.

Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and

1. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

3. Attachments
Item 1A

CITY COUNCIL STAFF REPORT
DATE: May 11, 2023 CONSENT CALENDAR
SUBJECT: FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361 FROM:

BY:

Scott C. Stiles, City Manager
Brenda Pree, City Clerk
RECOMMENDATION:

By motion, find that:

1. The City Council has reconsidered the circumstances of the state of emergency.

2. State and local officials continue to recommend social distancing measures, which can impact the ability of the City and the public to meet safely in person; and

3. The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

BACKGROUND:

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

AB 361 added section 54953(e) to the Brown Act, authorizing legislative bodies (City Council, Boards, and Commissions) to conduct remote meetings provided the legislative body makes specified findings on a regular basis. Section 54953(e)(3) authorizes the City Council and its subordinate bodies to continue to conduct remote and/or hybrid public meetings, provided the procedural requirements of AB 361 are met.

In order to continue meeting by remote teleconferencing, a required condition is that the City Council find that state or local officials have imposed or recommended measures to promote social (physical) distancing, and that the legislative body continues to make Item 1A - Page 1
certain findings by majority vote at least every 30 days.

Among other measures to promote physical distancing, the California Division of Occupational Safety and Health (“Cal/OSHA”) regulations at Title 8 Section 3205 recommend physical distancing in the workplace as precautions against the spread of COVID-19 and imposes certain restrictions and requirements due to a “close cont act” which occurs when individuals are within six feet of another in certain circumstances.

And, the Centers for Disease Control and Prevention continue to recommend avoiding contact and keeping a safe distance from a person who has a suspected or confirme d case of COVID-19.

Under AB 361, teleconferenced meetings must meet the following requirements:
• All votes taken during a teleconferenced meeting must be by rollcall. • Whenever notice of the time of the meeting is given or the agenda for the meeting is posted, the legislative body must also provide notice of the means by which members of the public can access the meeting and offer public comment. The agenda must identify and include an opportunity for all persons to attend via a call- in option or an internet-based service option.
• In the event of a disruption that prevents the legislative body from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the City’s control that prevents members of the public from offering public comments using the call -in option or internet-based service option, the legislative body cannot take any further action on items appearing on the meeting agenda u ntil public access to the meeting via the call-in option or internet-based service option is restored. • The legislative body cannot require public comments to be submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.
• An individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. • With regard to public comments:
• A legislative body that provides a timed public comment period for each agenda item cannot close the public comment period for the agenda item, or the opportunity to register, to provide public comment until that timed public comment period has elapsed.
• A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, must allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of the public to register/log on, or otherwise be recognized for the purpose of providing public comment. • A legislative body that provides a timed general public comment period that does not correspond to a specific agenda item cannot close the public comment period or the opportunity to register/log on, until the timed general public comment period has elapsed.

Item 1A - Page 2
City Council Staff Report
May 11, 2023 -- Page 2
Virtual Meetings Under AB 361
As such, City Staff and the City Attorney recommend that the City Council make thes e findings, including at every Council meeting, in order to meet the “every 30 days” requirement of AB 361. These findings would apply to all City Boards, Commissions and Committees, so they are able to hold virtual meetings under AB 361.

FISCAL IMPACT:

There is no fiscal impact associated with this action.

REVIEWED BY:

Department Director: Brenda Pree
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
Item 1A - Page 3

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of April 27, 2023.

Attachments
Item 1B
Thursday, April 27, 2023
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted in part by teleconference.

CAL
L TO ORDER:

A
Regular Meeting of the Palm Springs City Council was called to order by Mayor Garner on Thursday, April 27, 2023, at 5:31 p.m.

P
LEDGE OF ALLEGIANCE:

S
avannah Skoff, elementary school student, led the Pledge of Allegiance.

R
OLL CALL:

P
resent: Councilmembers Christy Holstege, Ron deHarte, Lisa Middleton; Mayor Pro Tem Jeffrey Bernstein; and Mayor Grace Elena Garner.

A
bsent: None.

C
ity Staff

Present: Scott Stiles, City Manager; Jeremy Hammond, Deputy City Manager; Flinn Fagg, Deputy City Manager; Teresa Gallavan, Assistant City Manager; Jeff Ballinger, City Attorney; and Brenda Pree, City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

P
RESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

C
ity Manager Stiles introduced the City’s new Homeless Outreach Coordinator, Roman Ruiz.

C
ity Engineer Montalvo together with Tom Kirk and Chris Gunderson from C oachella Valley Association of Governments (CVAG) presented the Traffic Signal Synchronization Project Update.

ACCE
PTANCE OF THE AGENDA:

OTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to remove Consent Calendar Item Nos. 1I for separate discussion.

R
EPORT OF CLOSED SESSION:

T
he Regular Closed Session of the City Council of April 27, 2023, was called to order by Mayor Garner at 3:30 p.m.

Item 1B - Page 1
City Council Minutes April 27, 2023

City of Palm Springs Page 2

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda.

CONFERENCE WITH LEGAL COUNSEL – SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Under existing facts and circumstances, there is one (1) matter.

CONFERENCE WITH LEGAL COUNSEL – DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there is two (2) matters.

CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Pursuant to Government Code Section 54956.8

City Negotiators: Scott Stiles, City Manager
Jeremy Hammond, Deputy City Manager
Stephanie George, HR Director
Peter Brown, Legal Counsel

Employee Organization: Palm Springs Police Officers Association (PSPOA) Palm Springs Police Management Association (PSPMA)
Public Employees Association of Palm Springs (PEAPS)
Management Association of Palm Springs (MAPS)
Palm Springs Firefighters Association (PSFA)
Palm Springs Fire Management (PSFMA)
Unrepresented Employees

PUBLIC COMMENT:

Jeffrey Cohen (recipient of World Wish Day
Proclamation)
Katherine Hatch
Jean-Pierre Gallilli
Tameka Grizzell
Gloria Thompson
Naomi Soto
Ginny Foat
William Wickwire
Ben Mayfield
Daryl Terrell
Val Crotty (2A public hearing comment)
Michael Joseph Pitkin
Amanda Crim
Doug Evans
Randal Sturges
Deiter Crawford
David Feltman
Delia Ruiz Taylor
Alvin Taylor
David Lahti (called on but did not speak)
Norm King
Dr. William Olvera
Diane McAlpine
Jovita Ayala
Linda Mann (consultant for the 3A company)

Item 1B - Page 2
City Council Minutes April 27, 2023

City of Palm Springs Page 3

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve the consent calendar with 1I and 1L pulled for further discussion.

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

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 By motion, find that: The City Council has reconsidered the circumstances of the state of emergency. Even though the State and local declared states of emergency have ended, community spread of COVID-19 continues to exist, and measures to reduce the spread, including physical distancing measures, continue to be necessary for the public, health, safety and welfare; and State and local officials continue to recommend social distancing measures, which can impact the ability of the City and th e public to meet safely in person; and The City Council, and its subordinate bodies (Boards, Commissions, and Committees), shall be authorized to conduct public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act for remote only or hybrid teleconference meetings.

B. APPROVAL OF MINUTES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve the City Council Meeting Minutes of April 10, 2023.

C. APPROVAL OF WARRANTS, CLAIMS AND DEMANDS

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25103 entitled, "A RESOLUTION

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

APPROVING PAYMENT OF PAYROLL WARRANTS / DISBURSEMENTS FOR THE PERIOD ENDING 03 -04-23 AND 03 -18-23 TOTALING $4,357,371.54 AND ACCOUNTS PAYABLE WARRANTS DATED 03 -02-23 AND 03- 16-23 TOTALING $13,381,021.60, IN THE AGGREGATE AMOUNT OF $17,738,393.14, DRAWN ON BANK OF AMERICA.

D. APPROVE AN AMENDMENT TO AGREEMENT NO. 8922 WITH MARTHA’S

VILLAGE AND KITCHEN

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve Amendment No. 4 to Agreement No. A8922 with Martha’s Village and Kitchen to: Make corrections to Amendment No. 3 to reflect an annual amount of $212,050, an increased overnight sheltering amount of $105,464 and a revised Item 1B - Page 3
City Council Minutes April 27, 2023

City of Palm Springs Page 4

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

total not-to-exceed contract amount for this third amendment of $529,564. Exercise option to extend Agreement until June 30, 2024, for an additional amount not to exceed $212,050 and revised total not -to-exceed contract amount of $741,614. Allow temporary overnight shelter services from June 1, 2023, to September 30, 2023, from December 1, 2023, to February 29, 2024, at no additional cost to the City. Authorize the City Manager or designee to make minor technical changes and execute all necessary documents.

E. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2023

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2023.

F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,

CALIFORNIA, APPOINTING AN INTERIM RETIRED ANNUITANT TO THE

VACANCY POSITION OF BUILDING OFFICIAL FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JANUARY 17, 2023.

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to adopt a Resolution No. 25104 entitled, “A RESOLUTION

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

APPOINTING AN INTERIM RETIRED ANNUITANT TO THE VACANCY POSITION

OF BUILDING OFFICIAL FOR THE CITY OF PALM SPRINGS UNDER GOVERNMENT CODE SECTION 21221(H) EFFECTIVE JANUARY 17, 2023.” Authorize the City Manager to execute any documents necessary to effectuate the ab ove actions.

G. APPROVE COOPERATIVE PURCHASE AGREEMENT 23C085 WITH TT FASTER

LLC, DBA FASTER ASSET SOLUTIONS FOR FLEET MANAGEMENT
SOFTWARE IN AN AMOUNT NOT TO EXCEED $43,178.85

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve Cooperative Purchase Agreement 23C085 (with TT FASTER LLC, dba FASTER Asset Solutions, in an amount not to exceed $43,178.85 beginning April 1, 2023, and continuing through March 31, 2026. Authorize the City Manager or designee to execute all necessary documents.

H. APPROVE AGREEMENT NO. 23C078 WITH QUINN COMPANY DBA QUINN

POWER SYSTEMS FOR EMERGENCY GENERATOR MAINTENANCE SERVICES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 to approve Cooperative Purchase Agreement 23C078 with Item 1B - Page 4
City Council Minutes April 27, 2023

City of Palm Springs Page 5

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

Quinn Company dba Quinn Power Systems, to provide emergency generator maintenance services in an amount not to exceed $175,000 for the initial three -year term beginning May 1, 2023, and continuing through April 30, 2026, with two one -year extension options at the City’s sole discretion. Authorize the City Manager or designee to execute all necessary documents.

I. APPROVE AGREEMENT NO 23C089 WITH MIRACLE RECREATION

EQUIPMENT COMPANY FOR THE PURCHASE AND INSTALLATION OF

PLAYGROUND E QUIPMENT AND SHADE STRUCTURES AT DEMUTH AND

VICTORIA PARKS

MOTION BY COUNCILMEMBER DEHARTE , SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 to approve Cooperative Purchase Agreement 23C089 with Miracle Recreation Equipment Company, to purchase and install playground equipment and shade structures at Demuth and Victoria Parks, in an amount not to exceed $1,325,848.45.

Delegate authority to the City Manager or designee to approve and execute change orders up to a total amount of $132,584.85 (10%) with all change orders reported to the City Council at the project completion. Authorize the City Manager or designee to execute all necessary documents.

J. APPROVE CONTRACT SERVICE AGREEMENT NO. 23B067 WITH BIRDAIR, INC.

FOR FABRIC ROOF SYSTEM INSPECTION, MAINTENANCE, AND REPAIR

SERVICES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve Contract Services Agreement 23B067 with Birdair, Inc. to provide fabric roof system inspection, maintenance, and repair services in an amount not to exceed $150,000 for the initial three-year term beginning May 1, 2023, through April 30, 2026, with two one -year extension options at the City’s sole discretion. Authorize the City Manager or his designee to execute all necessary documents.

K. APPROVE AMENDMENT NO. 6 TO CONTRACT SERVICES AGREEMENT NO. 7139 WITH CONSERVE LANDCARE, LLC FOR LANDSCAPE AND GROUNDS

MAINTENANCE SERVICES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 to approve turf conversion projects for Baristo, Desert Highland, Frances Stevens, Ruth Hardy and Victoria Parks as unanimously approved and recommended by the Parks & Recreation Commission. Approve Amendment No. 6 (Attachment B) to Contract Services Agreement No. 7139 with Conserve LandCar e, LLC for a not -to-exceed amount of $4,253,472.01 for the turf conversion, extended term, CPI increase and a revised total contract amount of $9,791,036.14. Authorize the City Manager to execute all necessary documents.

Item 1B - Page 5
City Council Minutes April 27, 2023

City of Palm Springs Page 6

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

L. APPROVE AMENDMENT NO. 2 TO AGREEMENT A7202 WITH WEST COAST ARBORISTS, INC. FOR CITYWIDE TREE TRIMMING SERVICES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve Amendment No. 2 to Agreement No. A7202 with West Coast Arborists, Inc. to provide citywide tree trimming services in an additional amount of $250,000 for a total revised contract amount not to exceed $2,758,100 through September 30, 2023. Authorize the City Manager or designee to execute all necessary documents.

M. APPROVE CONTRACT SERVICES AGREEMENT NO. 23S081 WITH AIRBADGE,

LLC TO PROVIDE SOFTWARE SERVICES FOR AIRPORT BADGING FOR THE

PALM SPRINGS INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 to a pprove Contract Services Agreement No. 23S081 with AirBadge, LLC, to provide annual software services integrating with AAAE in an amount not to exceed $270,000 commencing on July 1, 2023, and ending on June 30, 2026. Authorize the City Manager or designee to execute all necessary documents.

N. APPROVE A NEW AIRPORT USE AND LEASE AGREEMENT AND NON-

SIGNATORY AIRLINE OPERATING PERMIT FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 to approve the new AULA for seven Signatory Airlines: Air Canada, Alaska Airlines, American Airlines, Delta Air Lines, Southwest Airlines, United Airlines, and WestJet along with other future eligible airlines desiring to enter into an AULA for an initial five-year term beginning July 1, 2023, through June 30, 2028, with two, two- year extension option periods. Approve the new Permit for five Non -Signatory Airlines:

Allegiant, JetBlue, Avelo, Flair, and Sun Country along with other future airlines desiring to obtain a Permit to operate at the Airport on a month-to-month basis beginning July 1, 2023.

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

O. APPROVE SERVICE AGREEMENT NO. 23S080 WITH THE AMERICAN

ASSOCIATION OF AIRPORT EXECUTIVES TO PROVIDE MANDATED VETTING

AND COMPUTER- BASED TRAINING FOR THE PALM SPRINGS

INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve a three-year agreement with American Association of Airport Executives to provide mandated background vetting services and computer-based training in the amount of $126,675 commencing on July 1, 2023, and ending on June 30, 2026, included as Attachment A. Authorize the City Manager or designee to execute all necessary documents.

Item 1B - Page 6
City Council Minutes April 27, 2023

City of Palm Springs Page 7

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

P. AWARD AN AIRPORT ADVERTISING CONCESSIONS AGREEMENT

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 to award an advertising concessions agreement with Fuse Connect, LLC. for a term of three years with two one-year options to renew for a concessions fee of 57 percent of gross revenue. Authorize the City Manager or designee to execute the agreement.

Q. AWARD A SERVICE AGREEMENT FOR AGENDA MANAGEMENT SOFTWARE

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to award a five-year service agreement with eScribe Software Ltd. to provide agenda management software for an amount of $98,251 for a five-year term.

Authorize the City Manager or designee to execute the agreement.

R. APPROVE COMMUNICATIONS SYSTEM AND SERVICES AGREEMENT WITH MOTOROLA SOLUTIONS, INC. FOR DISPATCH AND OPERATIONS CENTER

CONSOLE EQUIPMENT, SYSTEM INTEGRATION SERVICES, AND WARRANTY

SERVICES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, C ARRIED 5 -0 to approve Contract Service Agreement No. 23S077 with Motorola Solutions, Inc. for Police Dispatch and Airport Operations center equipment, system integration services, and warranty services for a five -year term in an amount not to exceed $520,007, beginning on the issuance of a notice to proceed. Authorize the City Manager or his designee to execute all necessary documents.

S. APPROVE AND AUTHORIZE THE SUBMITTAL OF CALIFORNIA OFFICE OF EMERGENCY MANAGEMENT FORM CALOES 130 DESIGNATING PERSONNEL

TO ACT AS THE AGENT FOR THE CITY WHEN SEEKING FINANCIAL

ASSISTANCE AFTER A DISASTER

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve the Cal OES Form 130 Disaster Designees as the City Manager, Fire Chief, and Direc tor of Finance and Treasury. Direct the City Clerk to certify the Cal OES Form 130. Direct the Emergency Management Coordinator to transmit Cal OES Form 130 to the California Office of Emergency Services.

T. ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, AUTHORIZING THE CITY OF PALM SPRINGS,

SERVING AS LEAD PUBLIC AGENCY, WITH THE BOYS AND GIRLS CLUB OF

PALM SPRINGS TO ACCEPT GRANT FUNDING FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS PROPOSITION 64

PUBLIC HEALTH AND SAFETY GRANT
Item 1B - Page 7
City Council Minutes April 27, 2023

City of Palm Springs Page 8

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 3-0- 2 (RECUSED HOLSTEGE AND MIDDLETON) to a dopt a Resolution No. 25105 entitled “ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY OF PALM

SPRINGS, SERVING AS LEAD PUBLIC AGENCY, WITH THE BOYS AND GIRLS

CLUB OF PALM SPRINGS TO ACCEPT GRANT FUNDING FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT. ” and authorizing the City Manager or City Manager’s designee to 1) accept the grant for the Proposition 64 Public Health and Safety Grant Program Cohort 3 in the amount of $3,000,000 and execute the grant agreement with the Board of State and Community Corrections (BSCC); 2) establish the Proposition 64 Public Health and Safety Grant Project; 3) establish the revenue and expenditure budgets for the amount up to $3,000,000 in the Operating Grants Fund.

U. APPROVE EXPENDITURE IN THE AMOUNT OF $10,000 FOR THE “PALM SPRINGS WELCOMES YOU” MURAL PROJECT AT THE PALM SPRINGS INTERNATIONAL AIRPORT in the regional terminal BREEZEWAY.

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0 to approve the expenditure of Public Art Funds in the amount of $10,000 for the “Palm Springs Welcomes You” mural at the Palm Springs International Airport

V. AWARD OF A CONSTRUCTION CONTRACT TO PACIFIC WEST
UNDERGROUND, INC. IN THE AMOUNT OF $648,135 FOR THE ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0 to award the construction contract to Pacific West Underground, Inc., a California corporation, in the amount of $648,135 for the Arnico Phase 4 Sewer Improvements, City Project No. 21- 17. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $64,813 (10%) with all change orders reported to the City Council at project completion.

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

2. PUBLIC HEARINGS:

A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023 –2024 ANNUAL

ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND

AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES

DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE FISCAL YEAR 2023–2024 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, Item 1B - Page 8
City Council Minutes April 27, 2023

City of Palm Springs Page 9

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

49TH PROGRAM YEAR; AND AUTHORIZING THE CITY MANAGER TO

EXECUTE ALL NECESSARY AGREEMENTS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO T EM BERNSTEIN, CARRIED 5-0 to a Resolution No. 25106 entitled, “A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2023-2024 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2023 -2024 IN THE AMOUNT OF $413,506;

AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B -23-MC-06-0561 IN THE ESTIMATED AMOUNT OF $413,506 AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS”

3. BUSINESS & LEGISLATIVE:

A. AWARD A SERVICE AGREEMENT FOR REPARATIONS PROGRAM SERVICES

MOTION BY COUNCILMEMBER MIDDLETON, SECOND COUNCILMEMBER DEHARTE, CARRIED 3-2 (HOLSTEGE AND GARNER) to not approve this particular contract and send it back out for another RFP process.

RECESS/RECONVENE

The City Council recessed at 8:30 p.m. and reconvened at 8:35 p.m., with all members present.

B. 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

MOTION BY COUNCILMEMBER HOLSTEGE , SECOND BY COUNCILMEMBER DEHARTE, PASSED 5-0 to appropriate funds in the amount of $3,000,000 from Housing Set-Aside resources in the Fiscal Year 2023 Budget. 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. 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.

Item 1B - Page 9
City Council Minutes April 27, 2023

City of Palm Springs Page 10

ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES

C. ORDINANCE AMENDING CITY MUNICIPAL CODE TO ESTABLISH

PERMANENT LIMITATIONS ON THIRD-PARTY FOOD DELIVERY FEES

MOTION BY MAYOR PRO TEM BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, PASSED 3-2 (DEHARTE AND MIDDLETON), to approve introduce on first reading an Ordinance No. 2084 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.”

PUBLIC COMMENT:

Michael Joseph Pitkin
Douglas Young
Sharon Hendricks

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT:

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. A budget study session will be scheduled for May 8, 2023.

ADJOURNMENT:

The City Council adjourned on Thursday, April 27, 2023, at 7:31 p.m.

Respectfully submitted,

Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL: __/__/2023
Item 1B - Page 10

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVAL OF WARRANTS, CLAIMS AND DEMANDS
RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS / DISBURSEMENTS FOR THE PERIOD ENDING 04-01-23 AND 04-15-23 TOTALING $4,321,361.73 AND ACCOUNTS PAYABLE WARRANTS DATED 03-30-23 AND 04-13-23 TOTALING $7,534,567.47, IN THE AGGREGATE AMOUNT OF $11,855,929.20, DRAWN ON BANK OF AMERICA."
Attachments
Item 1C
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF

PAYROLL WARRANTS / DISBURSEMENTS FOR THE
PERIOD ENDING 04-01-23 AND 0 4-15-23 TOTALING
$4,321,361.73 AND ACCOUNTS PAYABLE WARRANTS
DATED 03-30-23 AND 0 4-13-23 TOTALING $7,534,567.47,
IN THE AGGREGATE AMOUNT OF $ 11,855,929.20,
DRAWN ON BANK OF AMERICA.

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

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

Kristopher J. Mooney
Acting Director of Finance and Treasury

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

ADOPTED THIS 11TH DAY OF MAY, 2023
.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE

CITY CLERK
Item 1C - Page 1
Resolution No. _____

Page 2 ends

CERTIFICATION
S

TATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BR
ENDA PREE , City Clerk of the City of Palm Springs, h ereby certify that Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on _______________________, by the following vote:

AYES:

N
OES:

ABSENT:

ABSTAIN:

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

BR ENDA PREE

CITY CLERK
Item 1C - Page 2

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH

GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU

INSIGHTS & ANALYTICS, LLC, FOR TRANSIENT OCCUPANCY TAX AUDIT

SERVICES
RECOMMENDATION:

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

Attachments
Item 1D

CITY COUNCIL STAFF REPORT
D
ATE: MAY 11, 2023 CONSENT CALENDAR
SU
BJECT: A PPROVE CONTRACT SERVICES AGREEMENT NO. 23P064 WITH

GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC, DBA AVENU

INSIGHTS & ANALYTICS, LLC , FOR TRANSIENT OCCUPANCY TAX

AUDIT SERVICES
F
ROM: Scott C. Stiles, City Manager
BY: D
epartment of Finance and Treasury
SUMMARY:

A
ward a contract services agreement with Government Revenue Solutions Holdings I, LLC, DBA Avenu Insights & Analytics, LLC, for transient occupancy tax audit services.

RECOMMENDATION:

1. A
pprove Contract Services Agreement No. 23P064 ( Attachment A ) with Government Revenue Solutions Holdings I, LLC, DBA Avenu Insights & Analytics, LLC, to provide transient occupancy tax audit services for a five- year term in an amount not to exceed $570,000 beginning July 1, 2023 through June 30, 2028.

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

BUSINESS PRINCIPAL DISCLOSURE:

A
ccording to the Public Integrity Disclosure form (Attachment B) submitted on March 16, 2023, Avenu Insights & Analytics, LLC is registered in the state of Delaware and California.

BACKGROUND:

Th
e Department of Finance and Treasury is responsible for and oversees compliance over the reporting requirements of the Transient Occupancy Tax (TOT) regulations. Due to the large volume of hotels, vacation rental agencies and vacation rental homeowners operating in the City, the Audit Division requires assistance to help conduct Limited Scope Audits related to the Transient Occupancy Taxes reported by these taxpayers. The City is seeking to utilize a firm that will provide these TOT Audit Services under the direction Item 1D - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
Award Transient Occupancy Tax Audit Services Contract

of the Department of Finance and Treasury . All audit work is done remotely utilizing electronic documents.

In 2010, the City Council awarded an agreement (A6017) to Avenu Insights & Analytics (formerly MuniServices) for TOT audit services in accordance with the City’s tax compliance program . Under this agreement, each hotel, motel, and vacation rental agency was audited. In 2013, the firm began searching for businesses that were non- compliant or under-compliant with the City’s regulations for the collection and remittance of TOT; that agreement expires June 30, 2023.

STAFF ANALYSIS:

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

Four proposals were received and evaluated by an evaluation team made up of City staff from the Finance and Special Program Compliance departments. The proposals were evaluated against published criteria that included the firms experience, the staff experience, the understanding of the scope of work, local preference, and price.

Avenu Insights & Analytics, LLC was ranked the highest by the evaluation team and is being recommended for award of the contract.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports the City Council priority of Good Governance.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 202 2-23 and will be budgeted in future fiscal years.

Item 1D - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
Award Transient Occupancy Tax Audit Services Contract

REVIEWED BY:

Department Director: Kristopher Mooney
Procurement and Contracting Manager: Kim Baker
City Manager: Scott Stiles

ATTACHMENTS:

A. Agreement No. 23P064
B. Public Integrity Disclosure

Item 1D - Page 3

ATTACHMENT A

Item 1D - Page 4

Revised 2.9.22 Page 1 of 19

CONTRACT SERVICES AGREEMENT 23P064

TRANSIENT OCCUPANCY TAX AUDIT SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on July 1, 2023, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and GOVERNMENT REVENUE SOLUTIONS HOLDINGS I, LLC DBA AVENU INSIGHTS & ANALYTICS, LLC , a Delaware Limited Liability Company , (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. City requires the services of a licensed and qualified firm to provide the City with transient occupancy tax audit services, (“Project”).

B. Contractor has submitted to City a proposal to provide transient occu pancy tax audit services, to City under the terms of this Agreement.

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

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

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

AGREEMENT

1. CONTRACTOR SERVICES

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

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

Item 1D - Page 5

Revised 2.9.22 Page 2 of 19

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

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

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

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $570,000.00.

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

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

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

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

4. PERFORMANCE SCHEDULE
Item 1D - Page 6

Revised 2.9.22 Page 3 of 19

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

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

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

4.4 Term. Unle ss earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of five years, commencing on July 1, 2023, and ending on June 30, 2028, unless extended by mutual written agreement of the Parties.

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

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

5. COORDINATION OF WORK
Item 1D - Page 7

Revised 2.9.22 Page 4 of 19

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

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

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

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

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the Item 1D - Page 8

Revised 2.9.22 Page 5 of 19

City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Carl Kumpf Chief Financial Officer
Mike Portis Vice President of Audit

5.6 California Labor Code Requirements.

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

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

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

7. INDEMNIFICATION.

7.1 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor ’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, l osses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses Item 1D - Page 9

Revised 2.9.22 Page 6 of 19

including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons ( Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or w illful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties . Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor ’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

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

8. RECORDS AND REPORTS

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

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

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

Item 1D - Page 10

Revised 2.9.22 Page 7 of 19

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

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

9. ENFORCEMENT OF AGREEMENT

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

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

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

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

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

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

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

Item 1D - Page 11

Revised 2.9.22 Page 8 of 19

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

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

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

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

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in Item 1D - Page 12

Revised 2.9.22 Page 9 of 19

writing and either served personally or sent by pre -paid, first-class mail to the addre ss set forth below. Notice shall be deemed communicated seventy -two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262

To Contractor: Avenu Insights & Analytics, LLC
Attention: Carl Kumpf
5860 Trinity Parkway, Suite 120
Centreville, VA 20120

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

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

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

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

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

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

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

Item 1D - Page 13

Revised 2.9.22 Page 10 of 19

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

[SIGNATURES ON NEXT PAGE]
Item 1D - Page 14

Revised 2.9.22 Page 11 of 19

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND AVENU INSIGHTS & ANALYTICS

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: __________ Item No. _________

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1D - Page 15

Revised 2.9.22 Page 12 of 19

EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1D - Page 16

Revised 2.9.22 Page 13 of 19

1.1 Background:

The Audit Division of the City’s Finance and Treasury Department is responsible for and oversees compliance over the reporting requirements of the Transient Occupancy Tax (TOT) regulations. Due to the large volume of hotels, vacation rental agencies and vacation rental homeowners operating in the City, the Audit Division periodically needs additional assistance to help conduct Limited Scope Audits related to the Transient Occupancy Taxes reported by these taxpayers. The City is seeking to utilize a firm that will provide these TOT Audit Services under the direction of the City’s Audit Division.

All audit work is done remotely utilizing electronic documents.

1.2 Scope:

A. The City will determine the number of audits to be conducted each year and the city will make the selections of entities/businesses to be audited.

B. Required Services:

1. Review the City Municipal Code Sections: • City Municipal Code Chapter 3.24 Transient Occupancy Tax.

2. Review the accounting procedures of the lodging operator to determine:
a. how “rent” and uncollected “rent” were accounted for and reported to the City of Palm Springs, establishing what is included in “rent” b. what procedures were in place to identify transient and non-transient guests c. how exemptions, including complimentary rooms, are documented and reported to the City

3. Review the TOT revenues submitted and collected by the City compared to each lodging operator’s records for years specified to determine:
a. mathematical accuracy • whether the TOT payments were in accordance with the City’s ordinances.
b. select a sample of rental transactions during the review period and for each transaction selected, verify tax computations and review supporting documentation to compare the amount of TOT revenues collected by the City compared to the lodging operators’ records
c. review the supporting documentation, on a sample basis, for exemptions claimed on the TOT forms
d. perform additional procedures that the City considers necessary to verify the reasonableness of reported revenues of the lodging operators

4. Recommend best practices to help ensure better collections C. Report Deliverables:

1. Auditors shall prepare a report to the City’s Audit and Revenue Supervisor of the results of each audit assigned which should explain the findings and recommended actions for the City to take..

1.3 Schedule:

Item 1D - Page 17

Revised 2.9.22 Page 14 of 19

Work will commence on the date of the executed contract and all work shall be completed by end of contract date. The term of this contract is for five years.

1.4 Compensation:

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

Item 1D - Page 18

Revised 2.9.22 Page 15 of 19

Item 1D - Page 19

Revised 2.9.22 Page 16 of 19

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 1D - Page 20

Revised 2.9.22 Page 17 of 19

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 Agree ment.

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 volunteer s shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1D - Page 21

Revised 2.9.22 Page 18 of 19

contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

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

Item 1D - Page 22

Revised 2.9.22 Page 19 of 19

D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

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

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

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

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

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

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

Item 1D - Page 23

ATTACHMENT B

Item 1D - Page 24

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?  Yes  No

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

________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
Other ___________________________

_______________________________  Officer  Director  Member  Manager [ name]  General Partner  Limited Partner
 Other __________________________

________________________________  Officer  Director  Member  Manager [name]  General Partner  Limited Partner
 Other __________________________
Delaware
Item 1D - Page 25

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

EXAMPLE
JANE
DOE
[name of owner/inv estor]
50%, ABC C
OMPANY, 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 o wner/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 interes t i n entity and name of entity]

I DECL ARE UNDER PENALTY OF PERJURY UNDER T HE LAWS OF T HE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Mill Point Capital
100%
Item 1D - Page 26

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

AWARD OF A CONSTRUCTION CONTRACT TO CALTEC CORPORATION IN THE AMOUNT OF $1,805,000 FOR THE AIRPORT COMMON USE PODIUMS - BONO CONCOURSE, CITY PROJECT 21-28
RECOMMENDATION:

Approve the construction contract with CALTEC Corporation, a California corporation, in the amount of $1,805,000 for the Airport Common Use Podiums - Bono Concourse, City Project No. 21-28.

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

Appropriate $1,411,654 from Airport Special Capital Projects fund balance.3.

Attachments
Item 1E

CITY COUNCIL STAFF REPORT
D
ATE: MAY 11, 2023 CONSENT CALENDAR
SU
BJECT: AWARD OF A CONSTRUCTION CONTRACT TO CALTEC
CORPORATION IN THE AMOUNT OF $1,805,000 FOR THE AIRPORT COMMON USE PODIUMS - BONO CONCOURSE, CITY PROJECT 21-28 F
ROM: Scott C. Stiles, City Manager
BY: E
ngineering Services Department
SUMMARY:

A
ward of this contract will allow the City to proceed with the demolition and removal of existing customer service millwork and fixed gate podiums , installation of new customer service millwork with data/power connections and common use podium equipment (i.e. computers, printers, monitors, scanners, etc.) , removal and replacement of carpet, reconfigure existing holdroom seating and stanchions as required, remove and replace gate signage, installation of new lighting, painting of gate portals, installation of rubber tile and wall bases, replacement of gate portal flooring, power to seating and gate podiums, and the installation ceiling mounted gate information display systems.

RECOMMENDATION:

1. A
pprove the construction contract with CALTEC Corporation, a California corporation, in the amount of $1,805,000 for the Airport Common Use Podiums - Bono Concourse, City Project No. 21-28 (the “Project”).

2. A
uthorize the City Manager or his designee to execute all necessary documents.

3. A
ppropriate $1,411,654 from Airport Special Capital Projects fund balance.

BUSINESS PRINCIPAL DISCLOSURE:

The P
ublic Integrity Disclosure Form from CALTEC Corporation is included as Attachment A.

BACKGROUND:

O
n March 9, 2022, the City received proposals for the design of the Project which replaces the boarding gate podiums at the Bono Concourse at the Palm Springs International Item 1E - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
Award Construction Contract Common Use Podiums CP 21-28

Airport. The scope of work also include d the replacement of the carpet and customer service counters. The proposed changes help provide more space for passenger seating and queuing at the Bono Concourse and allows any airline to operate from any gate within the concourse.

On April 19, 2022, the City selected Gensler as the firm most qualified to prepare the construction documents for this Project.

The City and Gensler conduct ed design development meetings to incorporate feedback from the airlines and Airport Staff. The common use podiums are being designed to accommodate IT system equipment that all airlines will use at the boarding gates. New digital Gate Information Displays (GIDS) will be added to each gate, signage will be updated, and gate queuing layout options reviewed.

The Bono Concourse will remain operational during construction and the construction documents are set up to phase the work so that gate closures can be coordinated throughout the Project.

On September 29, 2022, the City Council approved the plans, specifications, and estimate and authorized Staff to advertise and solicit bids for the Project.

Staff advertised the Project on October 18, 2022, to prospective bidders. On November 15, 2022, the Engineering Services Department received one bid from CALTEC Corp. of Westminster, CA, in the amount of $1,400,000. The Engineer’s estimate for the project was $1,340,000. Given the bid was higher than expected and no comparable bids were received from any other contractor, Staff evaluated the bid specifications and adjusted as necessary to encourage more bidders.

Airport Staff continued to meet with the various airlines in anticipation of this Project. As record numbers of passengers have been coming through the Airport, and considering the operational needs of the airlines, some design changes were recommended to improve customer service at the Bono Concourse. This include d adding additional customer service podiums away from the gate doors.

Staff recommended that the City reject all bids, incorporate design changes into the bid package, and readvertise the Project after the holidays in hopes of attracting more bidders.

STAFF ANALYSIS:

On February 15, 2023, the Engineering Services Department advertised the Project to plan rooms, the local newspaper, and through the City’s online procurement program PlanetBids
TM to allow the submissions of bids electronically.

Item 1E - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
Award Construction Contract Common Use Podiums CP 21-28

On March 21, 2023, the Engineering Services Department received two bids from the following contractors:

Company Location
Bid Amount
Stallworth Construction Palmdale, CA $1,330,000
CALTEC Corporation Westminster, CA $1,805,000

Stallworth Construction submitted the lowest bid but was found non-responsive and was rejected as set forth in Attachment B. CALTEC Corporation submitted the second lowest responsive bid in the amount of $1,805,000. A copy of the construction agreement is included as Attachment C.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the Airport Common Use Podiums – Bono Concourse, City Project No. 21- 28, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This project aligns with City Council Priority 3A – Improve City Facilities and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

FISCAL IMPACT:

The budget for the Project was $1,140,000 in Department of Aviation Fund 416 Account 4167065-80000. An accounting of the Project budget is shown in Table 1 below.

TABLE 1
Project Accounting Amount
Budgeted Funds $1,140,000
Construction Contract ($1,805,000)
Engineering ($153,925)
IT Support ($412,229)
Contingency (10%) ($180,500)
Budget Remaining $(1,411,654)

The Project as bid has a deficit of $1,411,654. Additional funds will be appropriated from Department of Aviation Fund 416 Airport Special Capital Projects.

Item 1E - Page 3
City Council Staff Report
May 11, 2023 -- Page 4
Award Construction Contract Common Use Podiums CP 21-28

REVIEWED BY:

City Engineer: Joel Montalvo
Aviation Executive Director: Harry Barrett Jr.

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Stallworth Rejection Letter
C. Construction Agreement
Item 1E - Page 4

Attachment A
Item 1E - Page 5
Item 1E - Page 6
Item 1E - Page 7
Item 1E - Page 8

Attachment B
Item 1E - Page 9
Item 1E - Page 10
Item 1E - Page 11

Attachment C
Item 1E - Page 12

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 1
55575.18165\34351901.2

AGREEMENT
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this day of , 20 , by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as th e City, and CALTEC Corporation hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK

For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as s pecified in the C ontract Documents, and as g enerally indicated under the Bid Schedule(s) for the Project entitled:

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28

The work comprises of the demolition and removal of existing customer service millwork and fixed gate podiums; installation of new customer service millwork with data/power connections and common use podium equipment (i.e. computers, printers, monitors, scanners, etc.); removal and replacement of carpet, reconfigure existing holdroom seating and stanchions as required, remove and replace gate signage, installation of new lighting, painting of gate portals, installation of rubber tile and wall bases, replacement of gate portal flooring, power to seating and gate podiums, and the installation ceiling mounted gate information display systems as detailed within the contract documents.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION

The Work to be performed under this Contract shall commence on the date specified in the Notice to Proc eed by the City, and the Work s hall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the e ssence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions t hereof a llowed in a ccordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in provin g in a legal proc eeding the actual loss suffered by the City if the Work is not c ompleted on ti me. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executin g the Agr eement, the C ontractor a cknowledges it has reviewed the provisi ons of the Standard S pecifications, as modified herein, related t o li
quidated damages, and has made itself aware of the actual loss incurred by the City due Item 1E - Page 13

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 2
55575.18165\34351901.2

to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE

The City shall pay the Contractor for the c ompletion of the Work , in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is $1,805, 000.00.

Contractor agrees to receive and acc ept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfi lling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; an d, also incl uding those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of th e Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS

The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non-Discrimination Certification, Non- Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS

For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

City hereby agr ees to employ, and does hereby employ, C ontractor to provide th e materials, c omplete the Work, and fulfill the obligations a ccording to the terms and conditions herein contained and referred to, fo r the Contract Price herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set Item 1E - Page 14

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 3
55575.18165\34351901.2

forth in the Contract Documents.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 6 -- PAYMENT PROCEDURES

The Contractor shall submit Applications for Payment in a ccordance with the Standard Specifications as amended by the S pecial Provisions. A pplications for Pay ment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES

All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the City, and all of its officers and agents from any claims, demands, or causes of action, including related expenses, attorney’s fees, and costs, based on, arising out of, or in any way related to the Work undertaken by the Contractor hereunder. This Article 8 incorporates the provisions of Section 7-15 “Indemnification,” of the Special Provisions, which are hereby referenced and made a part hereof.

ARTICLE 9 -- PREVAILING WAGES

Contractor ag rees to fully comply w ith a ll applicable f ederal and state labor laws including, w ithout lim itation California Labor Code Section 1720, e t seq., and 1770, et seq ., as we ll as Califo rnia Code of Regulations, T itle 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby ag rees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless f rom any claim or li ability arising out of any failure o r alleged failu re to comply wit h the Prevailing Wage Laws.

C
ontractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of Item 1E - Page 15

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 4
55575.18165\34351901.2

per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST

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

ARTICLE 11--NON-DISCRIMINATION

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

ARTICLE 12 -- MISCELLANEOUS

Terms used in this Agr eement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party s ought to be bound; and s pecifically, but wit hout limitation, monies t hat may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the a ssignor from any duty or res ponsibility under the Contract Documents.

T
he City and the Contractor each binds itself, its partners, successors, assigns, and legal representatives, to th e other party hereto, its pa rtners, su ccessors, assigns, and l egal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with Item 1E - Page 16

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 5
55575.18165\34351901.2

all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

ARTICLE 13 – PROJECT LABOR AGREEMENT

13.1 Generally

The Work is subject to the City’s Community Workforce Agreement dated August 31, 2021 (“CWA” or “Project Labor Agreement” or “PLA”), a copy of which is on file with the City , available upon request, and incorporated herein by reference as if fully set forth herein.

Contractor and all subcontractors of Contractor of any tier shall at all times comply with the requirements of the PLA in the prosecution of the Work.

Contractor has executed or agrees to execute and be bound by the terms of the PLA either directly or through the Letter of Assent (a form of which is attached to the PLA as "Attachment A" and referred to herein as the “LOA”), and Contractor shall furnish evidence of compliance with the same to City prior to the commencement of any Work . Contractor further agrees to require, or has already required, each of its subcontractors, of whatever tier, to agree in writing in the form of a LOA to be bound by each and every provision of the PLA prior to the commencement of Work or at the time of such subcontract, whichever occurs first.

13.2 Subcontractors

Contractor shall include, and shall require all of Contractor’s subcontractors of any tier to include, contractual provisions in all contracts they enter into for the performance of the Work, requirin g each s ubcontractor, of every tier, who furnishes any labor for the performance of Work, to comply with the provisions of the PLA at no additional cost.

13.3 Condition of Payment

Compliance by Contractor and all of Contractor’s subcontractors of any tier with the requirements of the PLA shall be a condition of Contractor’s right to payment under this Agreement.

13.4 Reformation

Any requirement currently set forth in, or hereafter developed, adopted or implemented pursuant to the terms of the PLA, that is applicable to the Project, that is not set forth herein or that is by mistake incorrectly stated, shall be deemed to be inserted in this Agreement and shall be read and enforced as though it were included herein; and, if through mistake or otherwise any such requirement is not inserted or if inserted and requires correction, then upon request of either party this Agreement shall forthwith be amended to make such insertion or correction.

13.5 Conflicts

In the event of a conflict between the PLA and any othe r provisions of the Contract Documents, the PLA shall control.

Item 1E - Page 17

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 6
55575.18165\34351901.2

13.6 Costs of Compliance

Contractor represents and warrants that it has included in its b id all costs of compliance with the requirements of this Section 13.

13.7 Not a Limitation

The requirements of this Section 13 are in addition to, and not a limitation upon, the other applicable provisions of the Contract Documents.

SIGNATURES ON NEXT PAGE
Item 1E - Page 18

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 7
55575.18165\34351901.2

IN WITNESS WHEREOF, the City and the Contractor have caused this Agreement to be executed the day and year first above written.

CITY OF PALM SPRINGS,

CALIFORNIA

By
Scott C. Stiles
City Manager

ATTEST:

By
Brenda Pree
City Clerk

APPROVED AS TO FORM:

By
Jeffrey S. Ballinger
City Attorney

RECOMMENDED:

By
Joel Montalvo, P.E.

City Engineer
APPROVED BY THE CITY COUNCIL:

Date
Agreement No.

Item 1E - Page 19

AIRPORT COMMON USE PODIUMS – BONO CONCOURSE
CITY PROJECT NO. 21-28
FEBRUARY 2023

AGREEMENT FORM
AGREEMENT AND BONDS - PAGE 8
55575.18165\34351901.2

CONTRACTOR

By:

Firm/Company Name

By:

Signature (notarized)
By:

Signature (notarized)

Name: Name:

Title: Title:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

(This A greement must be sign ed in the abov e
space by one h aving au thority to bi nd the
Contractor to the terms of the Agreement.)

State of )
County of )ss

(This Agreement must be signed in the above space
by one having authority to bind the Contractor to the
terms of the Agreement.)

State of )
County of )ss

On
before me,
personally appeared
who proved to me on the basis of s atisfactory
evidence to be the pe rson(s) whos e nam e(s)
is/are sub scribed to the wi thin ins trument an d acknowledged to me that he/she /they exec uted
the same in his /her/their au thorized capacity(ie s),
and that by his /her/their sign atures(s) on the
instrument the person(s), or the entity upon behalf of
which the pe rson(s) ac ted, exec uted the
instrument.

I certify under PENALTY OF PERJURY under the
laws of the S tate of California that the f oregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

On
before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the pe rson(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his /her/their authorized capacity(ies),
and that by his /her/their sign atures(s) on the
instrument the person(s), or the entity upon behalf
of which the pe rson(s) ac ted, exec uted the
instrument.

I c ertify under PENALTY OF PERJURY under the
laws of the S tate of California that the f oregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Notary Signature:

Notary Seal:

Item 1E - Page 20

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9069 WITH ALLISON MECHANICAL, INC. FOR HVAC MAINTENANCE AND INSTALLATION SERVICES RECOMMENDATION:

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

Attachments
Item 1F

CITY COUNCIL STAFF REPORT
D
ATE: MAY 11, 2023 CONSENT CALENDAR
SU
BJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9069 WITH ALLISON MECHANICAL, INC. FOR HVAC MAINTENANCE AND

INSTALLATION SERVICES
F
ROM: Scott C. Stiles, City Manager
BY: Da
vid McAbee, Director of Public Works
SUMMARY:

T
his action will approve A mendment No. 1 to A greement No. A9069 with Allison Mechanical, Inc. in the amount of $300,000 for a revised contract amount not to exceed $900,000 for HVAC Maintenance and Installation Services.

RECOMMENDATION:

1. A
pprove Amendment No. 1 to Agreement No. A9069 (Attachment A) with Allison Mechanical, Inc., to provide HVAC Maintenance and Installation Services in an additional amount of $300,000 for a total revised contract amount not to exceed $900,000 through April 10, 2025.

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

BUSINESS PRINCIPAL DISCLOSURE:

A
ccording to the Public Integrity Disclosure form (Attachment B), submitted on March 1, 2022, Allison Mechanical, Inc., is registered in the State of California . The owner s are Don Allison, Mark Allison, and Heidi Allison with a combined 100% beneficial interest in entity.

BACKGROUND:

A
n Invitation for Bids (IFB 22- 10) was initiated by the C ity’s Procurement & Contracting Department on January 31, 2022, based on Facilit ies’ specifications. On April 7, 2022, City Council awarded Contract Services Agreement No. A9069 with Allison Mechanical, Inc., for a three-year term in the amount of $600,000 effective April 11, 2022 through April 10, 2025, subject to two one-year optional extensions at mutual consent of the parties.

Item 1F - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
Amend HVAC Maintenance and Installation Services Contract

STAFF ANALYSIS:

Staff is requesting approval of Amendment No. 1 in the amount of $300,000 to add sufficient funding for both the Aviation Department and Facilities Maintenance to utilize this contract. This Amendment No. 1 will provide for a revised contract amount not to exceed $900,000 through April 10, 2025, for HVAC Maintenance and Installation Services to service both Facilities Maintenance and Airport Operations.

Facilities Maintenance and the Aviation Department are currently working on various City facility HVAC projects , which combined would expend approximately $300,000 during Fiscal Year 2022-23.

Aviation Department:

• Chiller Annual Maintenance $10,000
• Perform Preventative Maintenance Services $7 0,000 • TSA Lane #1 Replace Chilled Water Coil
$15,000

Estimated Total $ 95,000

Facilities Maintenance:

• Animal Shelter – HVAC Services and Repairs $ 20,000 • Welwood Murray Library – Repair Refrigerant Leak $ 4,000 • City Yard – Install Plenums and 7 Package Units $ 28,000 • City Yard – HVAC Frame Roof Supports and Roof Curbs $ 24,000 • Citywide Packaged HVA/Swamp Cooler Replacements $ 100,000 • Citywide HVAC Maintenance and Repairs
$ 29,000

Estimated Total $ 205,000

Therefore, increasing the contract by an additional $300,000 for a total not -to-exceed amount of $900,000 through April 10, 2025, will allow for current and future HVAC Maintenance and Installation Service needs to be met.

ENVIRONMENTAL ASSESSMENT
:

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

Item 1F - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
Amend HVAC Maintenance and Installation Services Contract

ALIGNMENT WITH STRATEGIC PLANNING:

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

FISCAL IMPACT
:

Sufficient funds are budgeted and available in Fiscal Year 2022-23 in accounts 4157050- 40105, 5206570-40105, and 5206570-50119.

REVIEWED BY:

Director of Public Works: David McAbee
Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No.1 A9069
B. Public Integrity Disclosure

Item 1F - Page 3

ATTACHMENT A

Item 1F - Page 4
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9069

FOR HVAC MAINTENANCE AND INSTALLATION SERVICES

This Amendment No. 1 to the Contract Services Agreement ( A9069), (“Amendment No. 1”), is made and entered into this day of , 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and Allison Mechanical, Inc., a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. On April 7, 2022, the City Council approved A9069, made and entered into on April 11, 2022, in reference to the competitively solicited Invitation for Bids (IFB) 22-10 with Contractor.

B. City desires to amend A9069 to add $300,000 for a maximum contract amount not to exceed $900,000.

C. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.

SECTION 2. 3.1 Compensation of Contractor. Is hereby replaced in its entirety as follows:

“ 3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $900,000.”

SECTION 3. Full forces and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9069, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provision of the Contract Services Agreement A9069, the provisions of this Amendment No. 1 shall in all respects govern and control.

Item 1F - Page 5

SECTION 4. The persons executing this Amendment No. 1 on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said Party is bound.

Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. A9069 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

Item 1F - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 1 (A9069) BY AND BETWEEN THE CITY OF PALM SPRINGS AND ALLISON MECHANICAL, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1F - Page 7

ATTACHMENT B
Item 1F - Page 8
Item 1F - Page 9
Item 1F - Page 10

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9136 WITH PUB CONSTRUCTION, INC., FOR BUILDING REPAIR AND RENOVATION SERVICES RECOMMENDATION:

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

Attachments
Item 1G

CITY COUNCIL STAFF REPORT
D
ATE: MAY 11, 2023 CONSENT CALENDAR
SU
BJECT: APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9136 WITH PUB CONSTRUCTION, INC., FOR BUILDING REPAIR AND RENOVATION

SERVICES
F
ROM: Scott C. Stiles, City Manager
BY: Da
vid McAbee, Director of Public Works
SUMMARY:

T
his action will approve Amendment No. 1 to Agreement No. A9136 with P UB Construction, Inc., in the amount of $450,000, for a revised contract amount not to exceed $750,000 for building repair and renovation services.

RECOMMENDATION:

1. A
pprove Amendment No. 1 to Agreement No. A9136 ( Attachment A) with PUB Construction, Inc., to provide building repair and renovation services in an additional amount of $450,000 for a total revised contract amount not to exceed $750,000 through June 19, 2025.

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

BUSINESS PRINCIPAL DISCLOSURE:

A
ccording to the Public Integrity Disclosure form ( Attachment B) submitted on May 12, 2022, PUB Construction, Inc. is registered in the State of California. The owner is Chris Yi with 100% beneficial interest in entity.

BACKGROUND:

A
n Invitation for Bids (IFB 22- 19) was initiated by the City’s Procurement & Contracting Department on April 18, 2022, based on Maintenance & Facilities specifications. On June 16, 2022, City Council awarded Contract Services Agreement No. A9136 with PUB Construction, Inc., for a three- year term in the amount of $300,000 effective June 20, 2022 through June 19, 2025, subject to two one- year optional extensions at mutual consent of the parties.

Item 1G - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
Amend Building Repair and Renovation Services Contract

STAFF ANALYSIS:

Staff is requesting approval of Amendment No. 1 in the amount of $450,000 to add sufficient funding for current and future planned building repair and renovation projects.

This Amendment No. 1 will provide for a revised contract amount not to exceed $750,000 through June 19, 2025, for building repair and renovation services.

Over the last year, the City has undertaken nine (9) maintenance projects requiring use of its Building Repair and Renovation Services Contract. Facilities Maintenance is currently working on the following building repair and renovation projects, which combined would expend approximately $250,000 during Fiscal Year 2022-23.

• Special Program Compliance – support beam
$ 32,000
• Facilities Shop – frame out walls $ 19,000
• Downtown Shop – frame out walls $ 21,000
• Special Program Compliance – relocation and adding walls $ 36,000 • City Council Office Renovation $ 51,000
• Procurement Office – add wall partition and door $ 19,000 • City Yard – repair water-damaged ceiling $ 53,000 • City Yard – roofing stucco walls $ 8,000
• IT – add wall and door to director’s office $ 11,000 Total Fiscal Year 22-23 Project Costs $250,000

Therefore, increasing the contract to a not -to-exceed amount of $750,000 through June 19, 2025, will allow for current and future building repair and renovation services.

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

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

Item 1G - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
Amend Building Repair and Renovation Services Contract

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2022- 23 in account 5206570- 50119.

REVIEWED BY:

Director of Public Works: David McAbee
Procurement and Contracting Manager: Kim Baker
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles

ATTACHMENTS:

A. Amendment No. 1
B. Public Integrity Disclosure Form

Item 1G - Page 3

ATTACHMENT A

Item 1G - Page 4
AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO. A9136

FOR BUILDING REPAIR AND RENOVATION SERVICES

This Amendment No. 1 to the Contract Services Agreement ( A9136), (“Amendment No. 1”), is made and entered into this day of , 2023, by and between the City of Palm Springs, a California charter city and municipal corporation, hereinafter designated as the City, and PUB Construction, Inc. , a California corporation, hereinafter designated as the Contractor. City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS

A. On June 16, 2022, the City Council approved A9136 , made and entered into on June 20, 2022, in reference to the competitively solicited Invitation for Bids (IFB) 22-19 with Contractor.

B. City desires to amend A9136 to add $450,000 for a maximum contract amount not to exceed $750,000.

C. Contractor desires to perform said services on the terms and conditions set forth in this Amendment.

In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as follows:

AGREEMENT

SECTION 1. The true and correct recitals above are incorporated by this reference herein as the basis for this First Amendment.

SECTION 2. 3.1 Compensation of Contractor. Is hereby replaced in its entirety as follows:

SECTION 3. Full forces and Effect. All terms, conditions, and provisions of the Contract Services Agreement A9136, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment No. 1 and any provision of the Contract Services Agreement A9136, the provisions of this Amendment No. 1 shall in all respects govern and control.

Item 1G - Page 5

Except as specifically amended by this Amendment No. 1, all terms and provisions of Agreement No. A9136 remain in full force and effect.

[SIGNATURES ON FOLLOWING PAGE]

Item 1G - Page 6
SIGNATURE PAGE TO AMENDMENT NO. 1 (A9136) BY AND BETWEEN THE CITY OF PALM SPRINGS AND PUB CONSTRUCTION, INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By:___________________________ By:____________________________________ Signature Signature
(2nd signature required for Corporations)

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By:

City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

Item 1G - Page 7

ATTACHMENT B

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CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $126,500 FOR PURCHASE OF THE ARTWORK “CRAWLER” BY ARTIST RYAN

CAMPBELL FOR PLACEMENT AT THE SOUTHEAST CORNER OF MUSEUM WAY AT MUSEUM DRIVE (BLOCK H2)
RECOMMENDATION:

Appropriate Public Art Funds (Fund 150) in the amount of $126,500 to account #1502550-60030.

1. Approve the expenditure of Public Art Funds in the amount of $126,500 for the “Crawler” Public Art Project.

2. Approve placement of the artwork “Crawler” at the southeast corner of Museum Way at Museum Drive.

3. Approve Agreement for Purchase and Sale of Public Artwork with artist Ryan Campbell for the artwork “Crawler.”

4. Authorize the City Manager to execute all necessary documents to facilitate the purchase and installation costs of the artwork “Crawler.”

5. Attachments
Item 1H

CITY COUNCIL STAFF REPORT
DAT
E: MAY 11, 2023 CONSENT CALENDAR
SUBJ
ECT: APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $126,500 FOR PURCHASE OF THE ARTWORK
“CRAWLER” BY ARTIST RYAN CAMPBELL FOR PLACEMENT AT THE

SOUTHEAST CORNER OF MUSEUM WAY AT MUSEUM DRIVE (BLOCK
H2)
FR
OM: Scott C. Stiles, City Manager
BY: Com
munity & Economic Development Department
SUMMARY:

The P
ublic Arts Commission is requesting approval to purchase the artwork “ Crawler” (Artwork) by artist Ryan Campbell in the amount of $126,500 with Public Art Funds . As proposed, the sculpture will be placed at the southeast corner of Museum Way at Museum Drive, also known as Block H2 (Site, Attachment A).

RECOMMENDATION:

1. Appr
opriate Public Art Funds (Fund 150) in the amount of $ 126,500 to account #1502550-60030.

2. Appr
ove expenditure of Public Art Funds in the amount of $126,500 for the “Crawler” Public Art Project.

3. Appr
ove placement of the artwork “ Crawler” at the southeast corner of Museum Way at Museum Drive.

4. Appr
ove Agreement for Purchase and Sale of Public Artwork with artist Ryan Campbell for the artwork “Crawler.”

5. Aut
horize the City Manager to execute all necessary documents to facilitate the purchase and installation costs of the artwork “Crawler.” Item 1H - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
“Crawler” Public Art Project

BACKGROUND:

At the January 18, 2023 meeting of the Public Arts Commission, the Commission voted unanimously to recommend using $126,500 of Public Arts Funds to purchase the Artwork.

STAFF ANALYSIS:

The Artwork is a 12’ high by 20’ long by 7.5’ deep steel sculpture, which represents a night-crawler, but presents as a modern temple. The Artwork is described in the attached Public Art Commission Project Description (Attachment B).

The Public Arts Commission proposes the Artwork be installed at the southeast corner of Museum Way at Museum Drive, which is owned by the City. The Artwork will complement the Downtown Park, where the future art installation by Phillip K. Smith III and other art installations may be located.

A rendering of the Artwork is provided below in Image 1:

Image 1
Crawler Rendering

The Public Arts Commission is proposing to install the Artwork at the southeast corner of Museum Way and Museum Drive.

Item 1H - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
“Crawler” Public Art Project

The Artwork will be painted iridescent black which fades from green to blue, to purple, to black, as one moves around the piece as shown in Image 2.

Image 2
Color Shift

ENVIRONMENTAL ASSESSMENT
:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

Item 1H - Page 3
City Council Staff Report
May 11, 2023 -- Page 4
“Crawler” Public Art Project

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”

FISCAL IMPACT:

Approval of this action will require appropriating $126,500 of Public Arts Funds from the Public Arts Fund Balance and allocate these funds to account 1502550-60030, Public Art Acquisition. The $126,500 fee includes:

Item
Materials and Fabrication $42,500
Painting and Finishing (steel prep and
automotive paint) 17,500
Transportation (Low-boy flatbed truck from
Pinyon) 2,500
Installation (crew, rigging, crane) 10,000
Concrete Footing (estimated) 10,000
Structural Engineer 5,000
Insurance 3,500
Documentation 3,000
Subtotal $94,000
Contingency (+/- 10%) 10,000
Artist Fee (25%) 22,500
Total Project $126,500

It should be noted that lighting is not included in this estimate.

An Agreement for Purchase and Sale of Public Artwork is included as Attachment C.

REVIEWED BY:

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

ATTACHMENTS:

A. Site Map
B. Public Art Commission Project Description
C. Agreement for Purchase and Sale of Public Artwork
Item 1H - Page 4

ATTACHMENT A
Block H2 – Artwork Site

X
Item 1H - Page 5

ATTACHMENT B

PROJECT DESCRIPTION

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ATTACHMENT C

AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK

THIS AGREEMENT FOR PURCHASE AND SALE OF PUBLIC ARTWORK
(“Agreement”) is entered into and effective this __ day of May 2023, by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation (“City”), and Ryan Campbell (“Artist”).

RECITALS

A. Pursuant to Municipal Ordinance No. 1479, City established the Public Arts Commission (“Commission”) and an Art in Public Places Program (“Program”).

B. On January 18, 2023, the Palm Springs Public Art Commission approved recommending the purchase of the artwork Crawler in the amount of $126,500 of Public Arts Funds (“Artwork”) as depicted and described in Exhibit A.

C. On April 27, 2023, the City Council approved purchase of the Artwork Crawler in the amount of $126,500 of Public Arts Funds.

D. On May 11, 2023, the City Council approved placement of the Artwork at the southeast corner of Museum Way at Museum Drive (Site) as shown in Exhibit B.

NOW, THEREFORE, City and Artist, for the consideration and under the conditions hereinafter set forth, and pursuant to the authority, terms, and conditions set forth in Municipal Ordinance No. 1479, agree as follows:

AGREEMENT

1. Ownership of Documents, Models . All studies, drawings, designs, and models prepared and submitted by Artist to City relative to this Agreement shall become the property of City. City agrees not to reuse such studies, drawings, and models for the purpose of constructing a full-sized duplicate of the Artwork.

2. Payment. As consid eration for the Artwork , City shall pay Artist a total of One Hundred Twenty Six Thousand Five Hundred Dollars ($126,500) from Public Art Program funds as provided in the Exhibit C (Project Budget).

3. Artist’s Rights; City’s Ownership Rights.

3.1 Alterations. The City, pursuant to its governmental and proprietary responsibilities, intends to display the Artwork at the Site as originally created by Artist and to maintain the Artwork i n good condition. The City will preserve complete flexibility to operate and manage the Artwork in the public ’s interest. Therefore, City retains the absolute right to alter the Artwork in City’s sole judgment. For example, City may alter the Artwork to eliminate hazard, to comply with the ADA, to otherwise aid City in the management of its property and affairs, or through neglect or accident. If City finds the Item 1H - Page 11
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Site to be inappropriate, City has the right to cause the Artwork to be installed at an alternate location that City chooses in its sole reasonable discretion.

3.2 Waiver. With respect to the Artwork produced under this Agreement, Artist waives any and all rights and claims, arising at any time and under any circumstances, against City, its officers, agents, employees, successors and assigns, arising under the federal Visual Artist Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal. Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Artwork is incorporated into the Site such that the Artwork cannot be removed from the Site without alteration of the Artwork, Artist waives any and all such claims against the City , and its agents, officers and employees, for alteration of the Artwork.

3.3 Disclaimer. If City alters the Artwork without Artist ’s consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Artwork in accordance with California Civil Code §987(d) and 17 U.S.C. §106A(a)(2).

4. Artist’s Warranties.

4.1 Defects in Materials or Workmanship . Artist warrants that the Artwork will be free of defects in workmanship or materials, and that Artist will, at Artist’s own expense, remedy any defects due to faulty workmanship or materials appearing during the twenty- four (24) month period immediately following execution of both parties of this Agreement.

This warranty includes any workmanship or materials which cause t he Artwork to deteriorate over said twenty -four (24) month period in a manner inconsistent with the design, the approved plans and specifications or as would otherwise be expected from products made of similar materials, or from any quality within the mate rials which comprise the Artwork which, either alone or in combination, result in the tendency of the Artwork, or their installation, to deteriorate.

4.2 Title. Artist warrants that the Artwork is the result of the artistic efforts of Artist and that the Artwo rk will be delivered and transferred to City free and clear of any liens, claims, or other encumbrances of any type, exclusive of intellectual property rights of Artist.

5. Maintenance of the Artwork. Artist shall provide City with written instructions for appropriate maintenance and preservation of the Artwork.

6. Default; Remedies.

6.1 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the defaulting party in writing of the breach or dispute and the facts giving rise thereto. The injured party shall continue performing its obligations hereunder so long as the defaulting party commences to cure such default within fifteen (15) calendar days of receipt of such notice and completes the cure of such default within thirty (30) calendar days after receipt of the notice, or such longer period as may be Item 1H - Page 12
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permitted by the injured party; provided that if the default is or presents an immediate danger to the health, safety and general welfare, City may take immediate action.

Compliance with the provisions of this section shall be a condition precedent to termination of this Agreement for cause and to seek arbitration, and such compliance shall not be a waiver of any party ’s right to seek arbitration in the event that the dispute is not cured.

6.2 Waiver. No delay or omission in the exercise of any right or remedy by non- defaulting party on any default shall impair such right or remedy or be construed as a waiver unless such waiver, delay or omission is memorialized in writing. A party’s consent to or approval of any act by the other party requiring the first party ’s consent or approval shall not be deemed to waive or render unnecessary the other party ’s consent to or approval of any subsequent act unless such consent or a pproval is memorialized in writing. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

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

6.4 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on appeal, and in addition, a party entitled to attorneys ’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs which are incurred in such arbitration and on appeal.

7. Hold Harmless. Artist shall hold the City, its elected officials, officers, employees and agents, harmless from and against any and all liabilities, actions, claims, demands, losses, costs, damages, penalties, and expenses (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons and for damage to property, that arise out of or relate to Artist’s performance under this Agreement. This hold harmless clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers.

8. Intellectual Property and Publicity Rights

8.1 Bill of Sale . Upon the acceptance of the Work and payment therefore by the City, the Artist shall convey and assign title to the Work and all rights thereto to the City by executing and delivering the Bill of Sale in the form attached hereto as Exhibit “D” (“Bill of Sale”). The Artist bears the risk of damage to or loss of the Work until the title passes to the City. Artist shall register a copyright with the United States Copyright Office, and the Artist shall provide the City with a copy of the application for reg istration. The City’s share in the copyright of the Work shall be transferred to the City by the Bill of Sale.

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8.2 Copyright. Except as noted in this Agreement, the Artist shall retain all copyrights in all original works of authorship produced under t his Agreement. Artist’s copyright sha ll not extend to predominantly utilitarian aspects of the work, such as landscaping elements, furnishings, or other similar objects. Notwithstanding any other provision to the contrary, Artist shall not grant, sell, give, or in any way convey to any person or entity of any kind a copy of the Artwork or any component thereof or any likeness or reproduction of the Artwork or any component thereof without the express written approval of the City. Nothing herein shall prohibit the Artist from providing two dimensional images of the Artwork or portions thereof to be included in any portfolio or other resume of the Artist demonstrating or depicting representative samples of the Artist’s work.

8.3 City’s Intellectual Property License . Artist grants to City, and to Ci ty’s agents, authorized contractors and assigns, an unlimited, exclusive, and irrevocable license to all rights worldwide with respect to the Artwork and any and all intellectual property or other property of any nature produced, created, or suggested by t he Artist during the term of this Agreement or resulting from the Artist’s services shall be deemed a work made for hire and shall be the sole and exclusive property of the City. Such license rights include, but are not limited to the following with respe ct to the Artwork and any original works of authorship created under this Agreement, whether in whole or in part, in all media (including electronic and digital) throughout the universe:
(a) Implementation, Use, and Display . City may use and display any and all graphic representations or models of the Ar twork, as well as the Artwork. To the extent the Artwork involves design elements that are incorporated by City into the design of the Site, City may implement such elements at the Site. (b) Reproduction and Distri bution. City may make and distribute, and authorize the making, display, and distribution of, photographs and any other two or three- dimensional reproductions. City may use such reproductions for any purpose (commercial and noncommercial) , including adver tising, educational, and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, gifts for City benefactors, documentation of City ’s Civic Art Collection, and catalogues or similar publications. City shall ensure that such reproductions are made in a professional and tasteful manner, in the sole and reasonable judgment of the City. The proceeds from the sale of any such reproductions shall be used to maintain and support the Artwork or for any other governmental or charitable purpose as determined at the sole discretion of City. This provision is intended to constitute a transfer of the right to reproduction, and this Agreement is intended to be and shall be deemed to constitute the document in writing required by Civil Code Section 982(c). (c) Public Records Requests. Any documents provided by Artist to City are public records and City may authorize third parties to review and reproduce such documents pursuant to public records laws.

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8.4 Third Party Infringement . The City is not responsible for any third party infringement of Artist ’s copyright and not responsible for protecting the intellectual property rights of Artist.

8.5 Publicity. City shall have the right to use Artist ’s name, likenes s, and biographical information, in connection with the display or reproduction and distribution of the Artwork including all advertising and promotional materials regarding the City. Artist shall be reasonably available to attend any inauguration or pres entation ceremonies relating to the public dedication of the Artwork.

8.6 Trademark. In the event that City ’s use of the Artwork creates trademark, service mark, or trade dress rights in connection with the Artwork, City shall have an exclusive and irrevocable right in such trademark, service mark, or trade dress. Artist may not use the Artwork in any manner that would cause a likelihood of confusion as to source or sponsorship by City, its agents or assigns, or to dilute the distinctive quality of such mark.

8.7 Unique. Artist warrants that the design of the Artwo rk is an edition of one, and that neither Artist not Artists ’ agents will execute or authorize another to execute another work of the same or substantially similar image, design, dimensions, and materials as the Artwork. Artist may create works that utilize or incorporate various individual art elements that comprise the Artwork, so long as the work utilizing or incorporating such individual elements (1) does not consist predominantly of such elements (2) is not the same or substantially similar in image, design, dimensions and materials as the Artwork, and (3) is not displayed in an environment that is the same or substantially similar to the environment in which the Artwork is to be displayed at the Site.

This warranty shall continue in effect for a period consisting of the life of Artist plus 70 years or for the duration of the Artwork’s copyright protected status, whichever is longer, and shall be binding on Artist and Artist ’s heirs and assigns. In the case where Artist is comprised of two or more individual persons or a group of people, the measuring life shall be the life of the last surviving individual person comprising Artist. Recognizing that City has no adequate remedy at law for Artist’s violation of this warranty, Artist agrees that, in the event Artist breaches this warranty, City shall be entitled to enjoin Artist’s breach.

8.8 Resale Royalty. If City sells the Artwork as a fixture to real property, and if the resale value of the Artwork is not itemized separately from the value of the real property, the Parties agree that the resale price of the Artwork shall be presumed to be less than the purchase price paid by City under this A greement. Thus, City has no obligation to pay resale royalties pursuant to California Civil Code §986 or any other law requiring the payment of resale royalties. If City sells the Artwork as an individual piece, separate from or itemized as part of a real property transaction, City shall pay to Artist a resale royalty to the extent required by law, based upon the sale price of the Artwork.

9. Documentation. To the extent possible, Artist shall provide information on the Artwork requested by the City for its registration files.

10. Repair and Restoration . It is the current policy of the City to consult with Artist regarding repairs and restoration which are undertaken during Artist ’s lifetime when that Item 1H - Page 15
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is practical. To facilitate consultation, Artist will, to the extent feasible, notify the City of any change in his professional address.

11. Reputation.

11.1 City’s Commitment. The City agrees that it will not use the Artwork or Artist’s name in a way which reflects discredit on the Artwork or on the name of Artist or on the reputation of Artist.

11.2 Artist’s Commitment . Artist agrees that it will not make reference to the Artwork or reproduce the Artwork or any portion thereof in a way which reflects discredit on City or the Artwork.

11.3 No Assignment or Transfer. The personal skill, judgment , and creativity of Artist are essential elements of this Agreement. Therefore, Artist shall not voluntarily or involuntarily assign, convey, subcontract, hypothecate, encumber or otherwise transfer any portion of this Agreement or any of the services to be performed hereunder without the express written consent of City, which consent may be withheld in City ’s sole and absolute discretion. In the event of such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void.

12. Integration; Amendments. This Agreement contains all of the agreements of the parties and cannot be modified, terminated or rescinded, in whole or in part, unless written and signed by authorized representatives of the parties hereto. No prior oral or written understanding shall be of any force with respect to those matters covered in this Agreement.

13. Governing Law . This Agreement and all matters pertaining thereto shall be construed according to the laws of the State of Califor nia. Venue shall be in Riverside County.

14. Further Responsibilities of the Parties. Both parties agree to use reasonable care and diligence to perform their respective obl igations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to ca rry out the purposes of this Agreement.

Unless hereafter specified, neither party shall be responsible for the services of the other.

15. Notices. Any notice which either party may desire to give to the other party under this Agreement must be in writing and may be given by personal delivery or by mailing the same by registered or certified mail, return receipt requested, to the party to whom the notice is dire cted at the address of such party hereinafter set forth, or such other address and to such other persons as the parties may hereafter designate, or by facsimile when followed by a facsimile confirming receipt:

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To Artist: Ryan Campbell
_____________________
_____________________
_____________________
_____________________

To City: City Manager
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263

Copy to: City Attorney
City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263

A change in the designation of the person or address to which submittals, requests, notices or reports shall be delivered is effective when the other party has received notice of the change by certified mail or by facsimile when followed by a return facsimile confirming receipt.

16. Execution in Counterpart s. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both parties hereto, notwithstanding that all parties are not sign atories to the original on the same counterpart.

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IN WITNESS WHEREOF, the parties have entered into this Agreement as of the date first above written.

“ARTIST”

_________________________

Ryan Campbell

“CITY”

CITY OF PALM SPRINGS,
a municipal corporation

_________________________
Scott C. Stiles
City Manager

APPROVED AS TO FORM:

Jeffrey S. Ballinger, City Attorney

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EXHIBIT “A”

IMAGE OF CRAWLER

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EXHIBIT “B”
SITE

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EXHIBIT “C”

PROJECT BUDGET

Item
Materials and Fabrication 42,500
Painting and Finishing (steel prep and automotive
paint) 17,500
Transportation (Low-boy flatbed truck from Pinyon) 2,500 Installation (crew, rigging, crane) 10,000
Concrete Footing (estimated) 10,000
Structural Engineer 5,000
Insurance 3,500
Documentation 3,000
Subtotal 94,000
Contingency (+/- 10%) 10,000
Artist Fee (25%) 22,500
Total Project 126,500

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EXHIBIT “C”

BILL OF SALE

BILL OF SALE AND ASSIGNMENT

THIS BILL OF SALE AND ASSIGNMENT is made as of ______, 2023, from Ryan Campbell (Seller) to the CITY OF PALM SPRINGS, a municipal corporation (“Buyer”).

That for good and valuable consideration to be paid pursuant to the provisions of that certain Agreement for Purchase and Sale of Public Art Work dated _________________, 2023 between Buyer and Seller (the “Purchase Agreement”) Seller does hereby sell, assign, transfer and deliver unto Buyer, and its successors and assigns, that certain work created by Seller entitled “Crawler” (the “Property”), including all right, title and interest therein, and shared copyrights thereto.

Seller does hereby represent and warrant to Buyer that Seller is the lawful owner of such personal property, and that Seller had good right to sell the same as aforesaid and will warrant and defend the title thereto unto buyer, its successors, subsidiaries, parent corporations, affiliates and loan participant.

IN WITNESS WHEREOF, Seller has executed this Bill of Sale as of the date first above written.

Ryan Campbell
Artist

By:________________________
Signature

CITY OF PALM SPRINGS
a municipal corporation

By:________________________
City Manager
ATTEST:

By:_____________________________
City Clerk

APPROVED AS TO FORM:

CITY ATTORNEY:________________________________
Item 1H - Page 22

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVAL OF THE FISCAL YEAR 2023/2024 CSA 152 SPECIAL ASSESSMENT RATE
RECOMMENDATION:

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

OF PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2023/2024 TO FUND THE CITY’S NATIONAL POLLUTION

DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.” Attachments
Item 1I

CITY COUNCIL STAFF REPORT
D
ATE: MAY 11, 2023 CONSENT CALENDAR
SU
BJECT: APPROVAL OF THE FISCAL YEAR 2023/2024 CSA 152 SPECIAL

ASSESSMENT RATE
F
ROM: Scott C. Stiles, City Manager
BY: E
ngineering Services Department
SUMMARY:

I
n accordance with an administrative services agreement with Riverside County for administration of the County Service Area 152 (“CSA 152”) for the National Pollutant Discharge Elimination System (“NPDES”), Riverside County requires the City to establish its CSA 152 budget and confirm the levy of special assessment for Fiscal Year 2023/2024 so that Riverside County can assemble and coordinate with the County’s levy of special assessments. This item approves the CSA 152 special assessment rate of $9.50 per single family residential property, which remains unchanged from prior years’ assessments.

RECOMMENDATION:

A
dopt Resolution No. ____, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND REAFFIRMING THE ESTABLISHMENT AND SETTING OF RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL YEAR 2023/2024 TO FUND THE CITY’S NATIONAL POLLUTION DISCHARGE

ELIMINATION SYSTEM (NPDES) PERMIT IN ORDER TO OPERATE AND MAINTAIN THE CITY’S DRAINAGE AND FLOOD CONTROL SYSTEMS.”
BACKGROUND:

T
he NPDES Program is a federally mandated program to control non- point sources of runoff pollution. In 1972, the Federal Water Pollution Control Act ( “Clean Water Act ” or “CWA”) was amended to provide that discharge of pollutants to waters of the United States from any point source is effectively prohibited, unless the discharge is in compliance with a NPDES Permit.

I
n 1982, t he Clean Water Act was amended to establish a framework for regulating municipal and industrial stormwater discharges under the NPDES Program.

Item 1I - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
CSA 152 Annual Report/Levy Assessment

In 1997, the City adopted Chapter 8.70 ( Stormwater Management and Discharge Controls) of the Municipal Code which incorporates regulations of the NPDES Program.

Pollutants in urban runoff are carried through what the NPDES permit calls a Municipal Separate Storm Sewer System (“MS4”). The MS4 includes the entire system of streets, curb gutters, catch basins, storm drains, channels, etc., that convey stormwater runoff (rain) from one location to the various waters of the United States, including Tahquitz Creek, Palm Canyon Wash, and Whitewater River.

The main goal of the NPDES permit is to prevent runoff coming from public or private properties from polluting the waters of the United States. The permit allows the City to identify various locations of pollution, to review existing programs designed to protect against water pollution, to develop new programs to meet federal requirements, and to provide programs to educate the public on the problems associated with polluted stormwater runoff.

The permit also allows the City to regulate the discharge of pollutants from development projects, existing industrial facilities, restaurants, and commercial sites. Therefore, the City is required to inspect these sites with a frequency that is based on various factors .

This includes the type of business , the activities that occur at the site , the types of potential pollutants present, past compliance history, and proximity to waters of the United States. Businesses are assigned a high, medium or low inspection priority, based on the Standard Industrial Code (SIC). Businesses that are classified as high priority must be inspected annually, medium priority businesses are inspected once every two years, and low priority businesses are inspected once every five years.

Examples of polluted stormwater runoff that are to be prevented through the Ci ty’s NPDES inspection program are shown in the following photos:

Photo 1: Erosion and sediment
pollution caused by an active
construction site.

Photo 2: Leaking fluids from stored
equipment.

Item 1I - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
CSA 152 Annual Report/Levy Assessment

Riverside County originally formed CSA 152 to finance a portion of its programs and obligations associated with its NPDES Permit. The City of Palm Springs annexed into CSA 152 in 1993 to allow for the levy of special assessments to offset the City’s costs related to administering its own NPDES Program.

STAFF ANALYSIS:

On June 23, 2016, the City Council approved an Administrative Services Agreement with Riverside County that facilitates the County’s administration of the NPDES Program on the City’s behalf to be offset by the special assessments collected in CSA 152. The special assessment rate in Palm Springs is $9.50 annually, per Benefit Assessment Unit (“BAU”). BAU is defined as a single-family home on a 7,200 square feet (1/6 acre) lot.

In accordance with the City’s agreement with Riverside County, the City is required to complete its annual report for the CSA 152 Program and confirm the CSA 152 assessment. This will allow Riverside County the time needed to assemble and coordinate the levy of the special assessments in the next tax roll.

Staff recommends that the City Council adopt the Resolution making certain findings and setting the BAU for CSA 152 at the currently adopted existing rate of $9.50. This is equal to the previous BAU special assessment rates adopted by the City Council. A copy of the required annual report, confirming the special assessment rate is appropriate, is included as Attachment A.

ENVIRONMENTAL ASSESSMENT
:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the Photo 3: Oils and polluted contaminants
in a drainage gutter
Photo 4: Clean-up of illegal dumping into
a stream bed.

Item 1I - Page 3
City Council Staff Report
May 11, 2023 -- Page 4
CSA 152 Annual Report/Levy Assessment

whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indi rect physical changes in the environment.

FISCAL IMPACT:

The CSA 152 special assessment of $9.50 per BAU is estimated to generate $470,399.10 in revenue in Fiscal Year 2023/2024 to fund all activities associated with the City’s NPDES Program.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Annual Report
B. Resolution

Item 1I - Page 4

Attachment A
Item 1I - Page 5
May 2023

Prepared By:

City of Palm Springs

Fiscal Year 2023/24 Annual Report
County Service Area 152 – National Pollutant Discharge
Elimination System (NPDES)

4745 Mangels Boulevard
Fairfield, California 94534
707.430.4300
www.sci-cg.com

Item 1I - Page 6
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone - (760) 323-8299

CITY COUNCIL
Grace Elena Garner, Mayor
Jeffrey Bernstein, Mayor pro tem
Christy Holstege, Councilmember
Ron deHarte, Councilmember
Lisa Middleton, Councilmember

CITY STAFF
Scott Stiles, City Manager
Joel Montalvo, City Engineer

SCI CONSULTING GROUP
Melanie Lee, Senior Consultant
Brandon Vanleuven, Consultant

Item 1I - Page 7

TABLE OF CONTENTS

1. Executive Summary ................................................................ ........................................ 1

2. Maintenance and services................................ ................................ ............................... 2

3. Esti mate of costs ................................................................ ............................................ 4

District Budget ..................................................................................................................... 4

Fund Balance ....................................................................................................................... 5

4. Methodology of Charge ................................ ................................ ..................................... 6

Land Use Categories ............................................................................................................ 6

Maximum Annual Rate ........................................................................................................ 7

5. CSA 152 Boundaries ................................................................ .......................................... . 8

6. Levy Listing ................................................................ ................................ ........................ 9 Item 1I - Page 8
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 1 1. EXE CUTIVE SUMMARY

The County of Riverside (the “County”) formed County Service Area 152 (the “CSA 152”) on November 26, 1991 w ith the passage of Resolution No. 93-634. At formation, CSA 152 encompassed all unincorporated lands within the boundaries of the County. The purpose of the formation was to provide for implementation of the federally mandated National Pollutant Discharge Elimination System (NPDES) Program (the “Program”) to control non-point source pollution. Non-point source pollution, caused by rain or snowmelt, moves water over and through the ground picking up natural or synthetic pollutants from the ground and then transmitting these pollutants into streams, ri vers, lakes, wetlands, estuaries, coastal wate r, and groundwater.

NPDES is part of the Clean Water Act, Section 319, enacted by Congress in 1987. The Clean Water Act requires that all municipal, industrial, and commercial facilities that discharge wastewater or storm water directly from a point source into waters of the United States must obtain a NPDES permit. Permits are issued to ensure the receiving waters will achieve the federally mandated water quality standards. States are required to address such pollution by producing assessment reports, adopting management programs to control non-point source pollution, and implementing these management pro g rams to curb pollution.

The Program requires runoff be controlled by all storm water systems. Therefore, all local agencies, including the City of Palm Springs (the “City”), bear the responsibility for their own storm water systems, which they own and operate. Storm water systems include, but are not limited to roadways, drainage systems, washes, etc. As such, the City annexed into CSA 152 in 1993, to allow for the levy of the Charge to offset the City’s costs related to administering the Program.

Annually the City Council of the City of Palm Springs (the “City Council”) will pass a resolution approving the annual report (the “Report”) and setting the Benefit Assessment Unit (BAU) Rate.

The proposed BAU Rate for Fiscal Year 2023/24 remains at $9.50.

The follow ing table summarizes the proposed Fiscal Year 2023/24 annual levy to cover the management and implementation of the Program:

Fiscal Year 2023/24 Proposed Levy Summary

Parcel Type
Number of Parcels Levied for
Fiscal Year 2023/24
Proposed Levy
for Fiscal Year 2023/24
Assessor’s Parcels 23,647 $371,226.88
Taxable Possessory Interest 5,158 $99,172.22
Total: 28,805 $470,399.10

The Program is levied in accordance with the methodology adopted and approved by the City Council at the time of the CSA 152 formation. The final levy submitted to the Riverside County Auditor-Controller in August, may vary due to changes in the County’s secured roll data that is released in July.

Item 1I - Page 9
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 2 2. MAINTENANCE AND SERVICES

The City’s portion of the Program is levied and collected annually to offset costs associated with the Program. Revenues generated from the charge regularly provide a variety of services benefiting the properties that lie within the City’s boundaries. The City provides services either directly through City staff, indirectly via contractors, or through County efforts to service the public improvements and specified areas within the boundaries of the City.

In general, the services provided using CSA 152 revenues include, but are not limited to, the following activities resulting from the management and implementation of the Program:

• Developing a plan to reduce pollutants in storm water runoff that meets the minimum federal standards at minimum cost to area residents.

• Identifying the various locations of pollution and types of pollutants carried in storm water runoff.

• Reviewing existing programs designed to protect against water pollution.

• Developing new programs to meet future federal standards and obtaining necessary permits from the State and regional water quality authorities.

• Educating the public about the problems associated with storm water runoff pollution, helping citizens learn what they can do to help contain this problem.

The implementation of the Program requires the City to provide maintenance to improvements and various services to ensure compliance with the Program requirements. These services include, but are not limited to:

• Water quality monitoring program

• Pollution prevention program

• Public education program

• Inspections

• Code enforcement

• Street cleaning, sweeping, and maintenance

• Hazmat removal

• Basin cleaning and maintenance

• Contractual services

• Consultant services

• Administration of the program

• Staffing costs and overhead allocations
Item 1I - Page 10
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 3 Actual services provided may differ from those authorized based upon current resources, needs, and funding levels available. In addition, the Program may be authorized to provide additional services as outlined previously, beyond what services are actually provided.

Item 1I - Page 11
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 4 3. EST IMATE OF COSTS

District Budget

CSA 152

Adopted
2022/23
Budget

Proposed
2023/24
Budget

PERSONNEL COSTS
Regular employees $90,500 $90,500
Personnel Holding 38,000 38,000
Overtime 4,000 4,000
Uniform Allowances 400 400
Pers Contributions 32,700 32,700
Pers POB 4,000 4,000
Medicare Tax 1,300 1,300
Fringe Benefits 22,800 22,800
Workers Compensation 5,800 5,800
RHS Health Benefits 1,500 1,500
Retiree Health Benefits 9,900 9,900
TOTAL PERSONNEL COSTS 210,900 210,900

MATERIAL AND SERVICES
Hazmat Removal 15,200 15,200
Contractual Services 199,800 199,800
Administration Fee 10,000 10,000
TOTAL MATERIAL AND SERVICES 225,000 225,000

SPECIAL CHARGES
Administration Services 0 0
Insurance 7,600 7,600
Facilities Maintenance 14,900 14,900
Benefits Administration 700 700
TOTAL SPECIAL CHARGES 23,200 23,200
TOTALS: $459,100 $459,100

Item 1I - Page 12
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 5 Fund Balance
The City may contribute financial resources to CSA 152 and the associated Program. However, the County may hold monies that are available to the City. Below is the most recent City-held fund balance available.

City-Held Fund Balance as of
July 1, 2022

$216,661.00
Item 1I - Page 13
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 6 4. METHODOLOGY OF CHARGE

The methodology for the charge is the BAU method developed by Riverside County Flood Control District.

This method spreads the total charge to parcels within CSA 152 in proportion to each parcel’s runoff.

Runoff is determined by first knowing a parcel’s size in acres, its present land use, and then assigning a runoff factor to its general land use category. Runoff factors are estimates of how much rainfall runs off a parcel in comparison to the amount of rainfall that falls on a parcel. In other words, the runoff factor is a way of expressing the relative degree of imperviousness of parcels with different land uses. Paved and improve d p arcels have runoff factors closer to 1.0 (where 1.0 equals 100% runoff) than do unpaved or unimproved parcels. Reducing the large number of land uses in the County to six general categories for estimating runoff under the benefit assessment procedure provides for a manageable and reasonable computation method.

For the Program, additional factors have been brought into the analysis that consider the type of activity on that land use. The Program is required by Federal Regulation to focus its attention on urbanized areas or developments and to exclude agricultural properties. Therefore, agricultural and vacant undeveloped properties have been completely exempted from the Program though they may have some amount of runoff.

The computation of the charge for any parcel is based on the number of BAUs assigned to that parcel. A single-family residential parcel of 7,200 square feet (1/6 acre) in size with a runoff factor of 0.40 was selected as the standard BAU. The number of BAUs for any other parcel can be computed by relating its size and land use to the BAU.

Land Use Categories

The table below shows the six categories of land use, their respective runoff factors, and the BAU per acre.

Group Land Use Factor BAU Per Acre
A Commercial, Industrial 0.80 12
B Apartments/Mobile Home Parks, Churches, Schools 0.60 9 C Single Family Residential(1) 0.40 6

D Poultry, Irrigated/Cultivated Crops, Livestock, Vacant Undeveloped

0.00 0
E Golf Courses, Private Parks 0.0067 0.10
F Parcels with Miscellaneous Structures 0.0033 0.05
(1) All SFRs are levied $9.50 regardless of size.

Calculation of a typical Commercial Charge is as follows:

(BAU) X (Developed Acreage) X (Rate) = Annual Charge
Item 1I - Page 14
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 7 Maximum Annual Rate

The Charge’s maximum annual rate is $9.50 per BAU and the maximum annual rate is the same as was originally adopted in 1994. All single-family residential parcels are levied at $9.50.

District
Fiscal Year
2021/22 Actual
Rate
Fiscal Year
2023/24
Proposed Rate
Fiscal Year
2023/24
Approved Rate
County Service Area 152 $9.50 $9.50 $9.50
Item 1I - Page 15
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 8 5. CSA 152 BOUNDARIES

Item 1I - Page 16
City of Palm Springs
Fiscal Year 2023/24 Annual Report – County Service Area 152 9 6. LEVY LISTING

Due its size, the Levy Listing is on file with the City. The description of each lot or parcel as part of the records of the County Assessor of the County of Riverside are, by reference, made part of this Report.

Item 1I - Page 17

Attachment B
Item 1I - Page 18
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS CALIFORNIA, MAKING FINDINGS AND

REAFFIRMING THE ESTABLISHMENT AND SETTING OF
RATES FOR COUNTY SERVICE AREA 152 FOR FISCAL
YEAR 2023/2024 TO FUND TH E CITY'S NATIONAL

POLLUTION DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT IN ORDER TO OPERATE AND

MAINTAIN THE CITY'S DRAINAGE AND FLOOD

CONTROL SYSTEMS

WHEREAS, the Riverside County Service Area 152 (CSA 152) was created und er the Benefit Assessment Act of 1982 (Government Code Section 54702, et seq.), which authorized local agencies to impos e benefit assessments to finance the maintenance and operation costs of flood c ontrol and drainage systems, base d on the proportionate storm water runoff from each parcel; and

WHEREAS, under the federally-mandated but unfunded National Pollutant Discharge Elimination System (NPDES) Pr ogram, the City is required to have a valid permit from the Regional Water Quality Control Board to discharge water runoff from properties within the boundaries of the City;
and

WHEREAS, street sweeping is a pro-active method of ensuring pro-active m aintenance from street runoff into the flood control and drainage systems of the City; and

WHEREAS, the City is a co-permittee of NPDES Permit No. CAS-617002 with the Coachella Valley Water District, County of Riverside and the in corporated cities therein; and

WHEREAS, the City, by its Resolution No. 18088 adopted on May 5, 1993, r equested the Local Agency Formation Commission to undertake proceedings to annex the City of Palm Springs into CSA 152 for the purpose of partially funding the City's implementation of the NPDES Program; and

WHEREAS, the Count of Riverside, by it s Resolution No. 93-454 adopted December 21, 1993, annexed the City of Palm Springs into CSA 152 to part ially fund the costs of maintaining and operating the City's flood control and draina ge systems under the NPDES Permit; and

WHEREAS, the City by its Resolution No. 18351 adopted March 16, 1994, recommended that the County Board of Supervisors adopt the City 's proposed initial budget for the portion of CSA 152 contained within the City; and

WHEREAS, the CSA 152 charges assessed on each parcel within the City are determined in proportion to the storm water runoff attributable to each parcel; and Item 1I - Page 19
Resolution No ____
Page2

WHEREAS, the City uses revenues from the CSA 152 assessments so lely for the purpose of complying with the te rms of the NPDES Permit, and fo r maintaining and operating the City's flood control and drainage system; and

WHEREAS, Proposition 218, adopted by voters on November 6, 1996, established new procedures and approval requirem ents for all existing assessmen ts, unless the assessment is exempt from the new requirements; and

WHEREAS, certain assessments that existed on November 6, 1996, are specifically exempt from the Proposition 218 procedures and approval require ments, including assessments imposed exclusively to finance the capital costs an d maintenance and operation expenses for sidewalks, streets, sewers, water, flood control, drainage systems or vector control.

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

Section 1. The City Council finds the foregoing recitals to be true and correct.

Section 2. The City Council finds and declares that the City's CSA 152 charges are assessments within the definition of California Constitution Article XIIID, Section 2(b), in that they confer special benefits upon each parcel of property subject to the assessments.

Section 3. The City Council finds and declares that pursuant to Article XIIID, Section 5(a), the City's CSA 152 assessments ar e exempt from the new procedur es and approval requirements of Article XIIID, Section 4, because the City's CSA 152 assessments existed before November 6, 1996, and the assessments are imposed exclus ively to finance the capital costs and maintenance and operation expenses for flood control and drainage systems in the City.

Section 4. The City Council hereb y reaffirms its adoption of th e annual assessment for CSA 152 and hereby determi nes that the annual assessment rat e for Fiscal Year 2023/2024 for CSA 152 is to be set at Nine Dollars and Fifty Ce nts ($9.50) per Benefit Assessment Unit. The method of computation has not been changed nor has the rate of assessment been increased since the assessment was first approv ed by the City in accordance with Resolution No. 18351 adopted March 16, 1994.

Section 5. The City Council hereby authorizes the County of Riv erside to levy assessments under CSA 152 for the benefit of the City.

Item 1I - Page 20
Resolution No ____
Page3

ADOPTED this 11th day of May 2023.

_______________________________
Scott Stiles, City Manager

ATTEST:

______________________________
Brenda Pree, MMC, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs , hereby certify that Resolution No.____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 11, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Item 1I - Page 21

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVE MEMORANDUM OF UNDERSTANDING WITH THE COACHELLA

VALLEY ASSOCIATION OF GOVERNMENTS TO PROVIDE CASE MANAGEMENT

AND OUTREACH SERVICES TO HOMELESS INDIVIDUALS IN THE COACHELLA VALLEY FOR A TERM OF THREE YEARS AT $100,000 PER YEAR, TOTALING $300,000
RECOMMENDATION:

1. Authorize the City Manager to execute all necessary documents to facilitate the implementation of the Memorandum of Understanding.

2. Attachments
Item 1J

CITY COUNCIL STAFF REPORT
D
ATE: MAY 11, 2023 CONSENT CALENDAR
SU
BJECT: APPROVE MEMORANDUM OF UNDERSTANDING WITH THE

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS TO

PROVIDE CASE MANAGEMENT AND OUTREACH SEVICES TO

HOMELESS INDIVIDUALS IN THE COACHELLA VALLEY FOR TERM OF THREE YEARS AT $100,000 PER YEAR, TOTALING $300,000
F
ROM: Scott C. Stiles, City Manager
BY: C
ommunity & Economic Development Department
SUMMARY:

T
he Coachella Valley Association of Governments (CVAG) operates the CV Housing First Program which focuses on housing chronically homeless individuals that have frequent contacts with law enforcement, are likely to be shelter resistant, or have already fallen out of housing. CVAG is requesting approval of a Memorandum of Understanding (MOU) for financial support from the City in the amount of $300,000, ($100,000 per year for three years) for homeless services.

RECOMMENDATION:

1. A
pprove Memorandum of Understanding with the Coachella Valley Association of Governments in the amount of $300,000 to provide services to unhoused individuals and families in the Coachella Valley and the City of Palm Springs.

2. A
uthorize the City Manager to execute all necessary docum ents to facilitate implementation of the Memorandum of Understanding.

BUSINESS PRINCIPAL DISCLOSURE:

S
ee Attachment A, CVAG General Assembly Roster.

BACKGROUND:

C
VAG is the regional planning agency coordinating government services in the Coachella Valley and addresses common issues of local governments and tribes to promote a better quality of life and balanced growth for the Coachella Valley. CVAG also works to help the Item 1J - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
CV Housing First MOU

homeless through partnerships with local churches, operating emergency overnight shelters, and the CV Housing First program.

STAFF ANALYSIS:

CVAG operates the CV Housing First program which uses a combination of strategies to house the hardest, most shelter resistant chronically homeless people (Targeted Population) to get into programs and off the streets. The strategies include rapid rehousing, outreach, crisis stabilization units and other supportive services. The objective of their programs is to connect the Targeted Population with housing opportunities they can sustain over time. It should be noted that CVAG does not limit their services to just the Targeted Population.

Another aim of CVAG’s CV Housing First program is to reduce the amount of public funding spent in terms of health care and social services. The hardest, most shelter resistant chronically homeless people also frequently utilize health care and social services. Other entities helping to fund the CV Housing First program include the Agua Caliente Band of Cahuilla Indians, County of Riverside, and several other Coachella Valley cities.

In 2022, CVAG assisted 119 individuals with securing Crisis Stabilization Unit s – apartments and hotel rooms leased by CVAG where clients stay, up to 90 days. Of these individuals 113 were CV Housing First clients and 6 were non-clients. They also assisted 70 individuals with finding permanent housing, with 54 being CV Housing First clients and 16 were non-clients.

CVAG also provides assistance in the form of Rapid Resolution which includes helping individuals with securing their identifying paperwork which then can help them qualify for benefits. It also includes sorting out the process for housing, medical, mental health, substance abuse, employment, and mainstream benefits. In 2022, CVAG provided Rapid Resolution services to 4 clients, and 14 non-clients.

A draft multiyear MOU is provided as Attachment B. Under the terms of the MOU, CVAG will provide outreach, connections to housing solutions (including crisis stabilization housing and/or permanent solutions), rapid resolution assistance for one-time emergency needs such as move- in costs, or other supportive services and resources such as food distribution, legal clinics, and linkages to services for homeless individuals in the City of Palm Springs and Coachella Valley.

ENVIRONMENTAL ASSESSMENT
:

environment. The requested action is to approve a memorandum of understanding for homeless services and is exempt from CEQA pursuant to Section 15378(b)(5), in that this action is an o rganizational or administrative activit y of government that will not result in direct or indirect physical changes in the environment.

ALIGNMENT WITH STRATEGIC PLANNING:

The Key Objective in the Strategic Plan for Quality of Life is to improve homelessness .

The Purpose Statement in the Strategic Plan for Quality of Life is to expand services for unhoused persons and housing options for unhoused and lower-income households.

FISCAL IMPACT
:

Funds for this action are available in the Fiscal Year 2023 Budget Homeless Services set-aside account.

REVIEWED BY:

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

ATTACHMENTS:

A. CVAG General Assembly Roster
B. Draft Multiyear Memorandum of Understanding
Item 1J - Page 3
Coachella Valley Association of Governments
General Assembly Roster

CITY OF BLYTHE
Mayor Joseph DeConinck
Vice Mayor Johnny Rodriguez
Councilmember Dale Reynolds
Councilmember Joseph Halby III
Councilmember Sam Burton

CITY OF CATHEDRAL CITY
Mayor Rita Lamb
Mayor Pro Tem Mark Carnevale
Councilmember Ernesto Gutierrez
C
ouncilmember Nancy Ross
Councilmember Raymond Gregory

CITY OF COACHELLA, CHAIR
Mayor Steven Hernandez
Mayor Pro Tem Neftali Galarza
Councilmember Stephanie Virgen
Councilmember Denise Delgado
Councilmember Frank Figueroa

CITY OF DESERT HOT SPRINGS, VICE CHAIR
Mayor Scott Matas
Mayor Pro Tem Gary Gardner
Councilmember Russell Betts
Councilmember Jan Pye
Councilmember Roger Nunez

CITY OF INDIAN WELLS
Mayor Donna Griffith
Mayor Pro Tem Greg Sanders
Councilmember Ty Peabody
Councilmember Dana Reed
Councilmember Bruce Whitman

CITY OF INDIO
Mayor Oscar Ortiz
Mayor Pro Tem Lupe Ramos Amith
Councilmember Elaine Holmes
Councilmember Waymond Fermon
Councilmember Glenn Miller

CITY OF LA QUINTA
Mayor Linda Evans
Mayor Pro Tem Steven Sanchez
Councilmember Kathleen Fitzpatrick
Councilmember Deborah McGarrey
Councilmember John Peña

CITY OF PALM DESERT
Mayor Kathleen Kelly
Mayor Pro Tem Karina Quintanilla
Councilmember Jan Harnik
Councilmember Evan Trubee
Councilmember Gina Nestande

CITY OF PALM SPRINGS
Mayor Grace Garner
Mayor Pro Tem Jeffrey Bernstein
Councilmember Christy Holstege
Councilmember Lisa Middleton
Councilmember Ron deHarte

CITY OF RANCHO MIRAGE
Mayor Richard W. Kite
Mayor Pro Tem Steve Downs
Councilmember Ted Weill
Councilmember Meg Marker
Councilmember Lynn Mallotto

COUNTY OF RIVERSIDE
Supervisor Kevin Jeffries
Supervisor Karen Spiegel
Supervisor Chuck Washington
Supervisor V. Manuel Perez
S
upervisor Yxstian Gutierrez

AGUA CALIENTE BAND OF CAHUILLA INDIANS
Tribal Chair Reid D. Milanovich
Tribal Vice Chair Candace Patencio Anderson
Tribal Sec/Treas Savana R Saubel
Tribal Member Virginia Siva-Gillespie
Tribal Member John R. Preckwinkle III

CABAZON BAND OF CAHULLA INDIANS
Tribal Chair Douglas Welmas
T
ribal Vice Chair San Juanita Callaway
Tribal Sec/Treas Helen Ruth Callaway
Tribal Liaison Alexis Nichols
Tribal Member at Large Brenda Soulliere

TORRES MARTINEZ DESERT CAHUILLA INDIANS
Tribal Chair Thomas Tortez
Tribal Vice Chair Joseph Mirelez
Tribal Treasurer Rosemarie Morreo
Tribal Secretary Altrena Satillanes
Tribal Member Richie Lopez

TWENTY-NINE PALMS BAND OF MISSION INDIANS
Tribal Chair Darrell Mike
Item 1J - Page 4

ATTACHMENT B

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY/ TRIBAL NATION OF
XXXXXX
AND

COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS

This Memorandum of Understanding (the “Memorandum”) is made by and between the CITY/ TRIBE OF XXXX (“CITY” OR “TRIBE” ) and the COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (“CVAG”), as of ____ xx, 202 3 with respect to the following:

RECITALS

WHEREAS, the City/ Tribe is interested in providing food, emergency shelter, and outreach to those in need and, in that regard would like to support the CVAG homelessness program; and

WHEREAS, the City / Tribe has been supporting CVAG’s CV Housing First program as a regional solution for homeless individuals; and

WHEREAS, CVAG agrees to use the City/ Tribe funding for the CV Housing First program to provide case management and outreach services to homeless individuals in the Coachella Valley for the coming years;

NOW, THEREFORE, the City/ Tribe and CVAG agree to the following:

1.0 TERM OF MEMORANDUM. The term of this Memorandum shall expire on June 30, 2026.

2.0 OBLIGATIONS OF THE PARTIES.

2.1 CVAG shall provide the services set forth in Exhibit A attached hereto and incorporated herein by this reference (“Scope of Services”). CVAG shall deliver to the City/ Tribe quarterly reports detailing the CV Housing First program metrics (“Quarterly Reports”). CVAG shall comply with any and all federal, state, and local laws and regulations applicable to CVAG, the Scope of Services, and the use of the City/ Tribe Funds (as defined in Section 2.2 below) and the use of any other public moneys (collectively, the “Compliance Requirements”).

2.2 The City/ Tribe will provide financial support of One Hundred Thousand Dollars each fiscal year for three years totaling Three Hundred Thousand Dollars ($300,000) (“City/ Tribe Funds”) to CVAG. Provided CVAG complies with its obligations under this Memorandum, the City shall disburse the City/ Tribe Funds no later than 60 days Item 1J - Page 5

after the beginning of each fiscal year. All City/ Tribe Funds shall be used by CVAG for the Scope of Services and for no other purpose. If CVAG fails to provide CV Housing First services for a fiscal year, the City/ Tribe may withhold an installment disbursement of the City/ Tribe Funds that has not yet been disbursed. If CVAG fails to comply with any Compliance Requirements, the City/ Tribe may (i) withhold an installment disbursement that has not yet been disbursed, (ii) order a return to the City/Tribe of any portion or all City/ Tribe Funds that were not used in compliance with this Memorandum or any other Compliance Requirements, and/or (iii) seek any other rights or remedies available at law or in equity.

3.0 INDEMNITY AND RELEASE. CVAG hereby agrees to indemnify, defend, and hold harmless the City/ Tribe and its officers, employees, agents and independent contractors (collectively, “Indemnitees”) from and against any and all of claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys’ fees and costs of litigation (collectively “Claims”) arising out of and/or in any way relating to CVAG’s activities in the performance of this Memorandum, or to CVAG’s acts and/or omissions in providing or administering the same, excepting only those claims, actions, obligations, losses, liabilities, judgments, or damages arising out of the sole negligence, active negligence or willful misconduct of the City/ Tribe.

4.0 CVAG INSURANCE OBLIGATIONS . Without limiting the indemnification provisions provided herein, CVAG, at its sole expense, shall obtain and keep in force during the term of this Memorandum and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about the CVAG facility(ies) resulting from any actions or omissions of CVAG or any use of the CVAG facility(ies), or the CVAG’s invitees in accordance with the terms of this Memorandum. The policy or policies evide ncing such insurance shall name the City/ Tribe as additional insureds, shall provide that same may not be cancelled or amended without thirty (30) days prior written notice to the City/ Tribe, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A -/VIII or better by ambest.com. Prior to the date of this Memorandum, and upon renewal of such policies, CVAG shall submit to the City/ Tribe certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. The coverage contemplated in this paragraph will be primary and the City’s/ Tribe’s coverage will not contribute. CVAG shall provide workers’ compensation insurance in accordance with California law.

5.0 ADDITIONAL PROVISIONS.

5.1 In all cases, the language in all parts of this Memorandum shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this Memorandum.

Item 1J - Page 6

5.2 This Memorandum contains the entire agreement of the Parties and supersedes any prior oral or written statements or agreements between the Parties regarding the operation of CVAG’s CV Housing First Program.

5.3 No termination of this Memorandum shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of this Memorandum.

5.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this Memorandum, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys’ fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys’ fees, expenses, and costs incurred in establishing the right to indemnification).

[signatures on next page]

Item 1J - Page 7

IN WITNESS WHEREOF, Coachella Valley Association of Governments and PUBLIC ENTITY have executed this Memorandum as evidenced by the signatures contained below:

[PUBLIC ENTITY]

By:___________________________

Name:___________________________

Title:____________________________

Dated: ________________________

COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS

By:_____________________________

Name:___________________________

Title:____________________________

Dated: __________________________

Item 1J - Page 8

Page 5 of 7 ends

EXHIBIT A

Scope of Services

Provide services to unhoused individuals and families in the Coachella Valley, and more specifically in [CITY/GEOGRAPHIC AREA], who are literally homeless by providing outreach, connections to housing solutions (including crisis stabilization housing and/or permanent solutions), rapid resolution assistance for one -time emergency needs such as move-in costs, or other supportive services and resources such as food distribution, legal clinics, and linkages to services.

Item 1J - Page 9

Page 6 of 7 ends

Item 1J - Page 10

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE CALIFORNIA DEPARTMENT

OF HOUSING AND COMMUNITY DEVELOPMENT
RECOMMENDATION:

Accept the report as presented; and1.

2. Attachments
Item 1K

CITY COUNCIL STAFF REPORT
D
ATE: M AY 11, 2023 CONSENT CALENDAR
SU
BJECT: ACCEPT THE HOUSING ELEMENT ANNUAL PROGRESS REPORT (APR) FOR THE 2022 CALENDAR YEAR FOR FILING WITH THE

CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT
F
ROM: Scott Stiles, City Manager
BY: D
epartment of Planning Services
SUMMARY:

T
he City Council will consider accepting the Housing Element Annual Progress Report (APR) for calendar year 2022, pursuant to Government Code Section 65400.

RECOMMENDATION:

1. A
ccept the report as presented; and

2. Direct staff to make no changes to the report filed on April 1, 20 23 (and subsequently revised) with the California Department of Housing and Community Development and the Governor’s Office of Planning and Research.

BACKGROUND:

C
alifornia Government Code Section 65300 requires each city and county to adopt a General Plan, including seven mandatory elements. The mandated elements include Land Use, Open Space, Conservation, Circulation, Noise, Safety and Housing. The Housing Element is a policy document that describes goals, policies and programs that are designed to facilitate the development, improvement, and preservation of housing for all income groups in a city or county.

P
alm Springs adop ted its General Plan in 2007, including the Housing Element for the 2000-2008 planning period. Two subsequent updates to the Housing Element have occurred: a five-year planning period from 2009-2013 and an eight-year planning period from 2014-2021. The City is currently finalizing its latest update to the Housing Element for the 2021-2029 planning period.

Item 1K - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
Housing Element – 2022 Annual Progress Report

State law prescribes scope and content for all housing elements, in order to adequately plan to meet the housing needs of everyone in the community for each planning period.

Part of this process involves the California Department of Housing and Community Development (“HCD”) calculating the housing need in each region of the state, followed by the Southern California Association of Governments (“SCAG”) allocating the need amongst each jurisdiction in its region, resulting in the Regional Housing Needs Allocation Plan (commonly referred to as the “ RHNA” or “RHNA Plan” ). The RHNA Plan for the 2021-2029 planning period required Palm Springs to plan for the following:

Palm Springs RHNA, 2021-2029
Household Income
Levels
Definition
(Percent of
County Median
Family Income)
Total Units Percent of Units
Extremely Low Less than 30% 272 10.5%
Very Low 31% to 50% 273 10.5%
Low 51% to 80% 408 16%
Moderate 81% to 120% 461 18%
Above Moderate Over 120% 1,143 45%
Total 2,557 100%
Source: SCAG, 2020

An annual report analyzing the City’s progress towards meeting the goals and policies of the Housing Element must be prepared by each agency and filed with HCD and the Governor’s Office of Planning and Research (“OPR”), in accordance with Government Code Section 65400. Such report must be considered at a public meeting before the legislative body where members of the public can provide oral testimony and written comments. Submitting the annual report to HCD and OPR ensures the C ity is in compliance with state law and remains eligible for state grant funding opportunities.

STAFF ANALYSIS:

The 2022 Housing Element Annual Progress Report (“APR” or “Report”) includes information on the C ity’s progress towards meeting its goals, policies and RHNA allocation numbers by income levels. The Report (Attachment 1) is made up of twelve data tables: A, A2, B, C, D, E , F, F2, G, H, I and J . There is also a summary table that summarizes the data tables and a Local Early Action Planning (LEAP) Reporting table to update HCD on the status of the C ity’s application for funding. A summary of the data tables’ requirements and reported data contents for Palm Springs is provided below.

Table A – Housing Development Applications Submitted: This table includes data on housing units and developments for which an application was submitted (and deemed complete) between January 1st and December 31st of 20 22. In table A, an “application” is a formal submittal of a project for approval. This application is either an application for Item 1K - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
Housing Element – 2022 Annual Progress Report

a discretionary entitlement, or where only a ministerial process is required (e.g., zoned by right) such as an application for a building permit.

In 2022, the Planning Department received twenty-one applications for the development of several new single -family homes and two residential condominium projects. The projects included eighteen single- family residences, and a three- unit condominium and twelve-unit condominium developments. In total, there were 33 units proposed for development.

Table A2 – Annual Building Permit Report Summary – New Construction, Entitled, Permits and Completed Units :

This table includes information for very low, low,
moderate and above moderate income housing affordability categories and for mixed- income projects that received any one of the following: an entitlement, a building permit , or a certificate of occupancy or other form of readiness that was issued during the reporting year. However, only building permits are used for the purposes of determining progress towards meeting the City’s RHNA requirement.

In 2022, the Building Department issued permit approvals for 448 units, including:

• 53 very low-income units (all deed restricted),
• 87 low-income units (66 deed restricted and 21 non-deed restricted), • 14 moderate income units (all non-deed restricted), and • 294 above moderate-income units.

All single -family dwellings , as well as some condominium projects , were identified as above moderate-income units. The low- and moderate-income units included accessory dwelling units (there were 34 total ADUs constructed in 2022). The affordable housing projects (Vista Sunrise II and Monarch Apartment Homes) were identified as very low (including some extremely low) and low-income units, all of which are deed restricted.

Table B – Regional Housing Needs Allocation Progress :

Table B is a summary of
prior permitting activity in the current planning cycle, including permitting activity for the calendar year being reported.

This table reports the number of units for which permits were issued to demonstrate progress in meeting the jurisdiction’s share of regional housing need for the planning period (2021-2029). The information in this table is automatically generated based on the data provided in Table A2.

The table on the following page summarizes the City’s progress in meeting its RHNA allocation by income level through 2022.

Item 1K - Page 3
City Council Staff Report
May 11, 2023 -- Page 4
Housing Element – 2022 Annual Progress Report

Household Income Levels
RHNA
Allocation
2021-2029
Permitted Units
10/15/2021–
12/31/2022
Remaining
RHNA
Extremely Low (Less than 30% of
Area Median Family Income) 273 35 238
Very Low (31% to 50% AMFI) 545 64 481
Low (51% to 80% AMFI) 408 90 318
Moderate (81% to 120% AMFI) 461 14 447
Above Moderate (Over 120% AMFI) 1,143 395 748
Total 2,557 563 1,994

Table C – Sites Identified or Rezoned to Accommodate Shortfall Housing Needs :

This table is used to identify Unaccommodated Need of sites from the previous planning period (per Government Code Section 65584.09); has a Shortfall of Sites as identified in the Housing Elemen t (per Government Code Section 65583(c)(1)); or is identifying additional sites required by No Net Loss law (per Government Code Section 65863).

The City did not have any such changes/data to report in 2022.

Table D – Program Implementation Status pursuant to GC Section 65583 : Table D provides a list of each program/objective from the Housing Element; related timeframes for their completion; and an area for reporting the implementation progress for each program/objective.

Because HCD has yet to respond/approve the draft housing element, this table contains data from the prior housing element. No reportable information was provided.

Table E – Commercial Development Bonus Approved pursuant to GC Section 65915.7: Table E includes information for any commercial development bonuses during the reporting period.

The City had no information to report on this item during 2022.

Table F – Units Rehabilitated, Preserved and Acquired for Alterative Adequate Sites pursuant to GC Section 65583.1(c)(2): This table is used to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved consistent with the standards set forth in Government Code Section 65583.1(c)(2).

The City did not have any such changes/data to report in 2022.

Item 1K - Page 4
City Council Staff Report
May 11, 2023 -- Page 5
Housing Element – 2022 Annual Progress Report

Table F2 – Above Moderate-Income Units Converted to Moderate Income pursuant to GC Section 65400.2: This table allows jurisdictions to report units in existing multifamily building that were converted to deed- restricted rental housing for moderate- income households.

There were no reportable projects to identify in 2022 meeting the required criteria.

Table G – Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of, pursuant to Government Code section 65400.1: Added in 2019, t able G requires jurisdictions to include a listing of sites owned by the locality that were included in the Housing Element sites inventory and were sold, leased, or otherwise disposed of during the reporting year.

The City did not have any such changes/data to report.

Table H – Locally Owned Surplus Sites. Added in 2020 (thru AB 1255) requires cities and counties to create an inventory of surplus lands defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls.

Seventeen sites were identified as Excess or Exempt Surplus Land for properties throughout the city ranging from 0.02 to 41.6 acres in size.

Table I – Lot Splits and SB 9 Units (2-unit developments in single -family zones).

Added in 2022, this table requires reporting all units constructed and lot splits approved in single-family zones, pursuant to Senate Bill 9.

While the City did receive two applications for lot splits, these were not reported because they were not approved in 2022. Consequently, there was no reportable data for this table.

Table J – Student Housing Development with a Density Bonus . This table, a new addition in 2022, is for reporting student housing development for lower income students for which a density bonus was granted, pursuant to Government Code Section 65915.

There was no reportable data in 2022.

CONCLUSION:

The City submitted the 2022 Housing Element Annual Progress Report to HCD and OPR on April 1, 2023 , in order to meet the statutory deadline for filing the Report . The APR was revise d over the past month and resubmitted to correct certain data fields. In accordance with Government Code requirements, this Report is being provided to City Item 1K - Page 5
City Council Staff Report
May 11, 2023 -- Page 6
Housing Element – 2022 Annual Progress Report

Council for consideration at a public meeting, allowing members of the public to review the report and provide comment. Following any public comments, Staff recommends the Council accept the Report as presented.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (CEQA), review and action on the APR must be reviewed to determine if it is subject to environmental review.

Because the APR is an informational report, it will have no physical impact on the environment, directly or indirectly. The APR is a planning study, which qualifies for a Statutory Exemption under Section 15262 of the CEQA Guidelines.

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENT:

1. 2022 Annual Progress Report for the City’s Housing Element Item 1K - Page 6

ATTACHMENT #1
Item 1K - Page 7
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date Application
Submitted
Total Approved
Units by Project
Total
Disapproved
Units by Project
Streamlining Application
Status Notes
2 34 678 9 1 1 1 2
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date Application
Submitted+
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low-Income
Deed Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed Restricted
Above
Moderate-
Income
Total

PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Was APPLICATION
SUBMITTED Pursuant
to GC 65913.4(b)?
(SB 35 Streamlining)
Did the housing
development
application seek
incentives or
concessions pursuant
to Government Code
section 65915?
Were incentives or
concessions
reqested pursuant
to Government
Code section 65915
approved?
Please indicate
the status of the
application.

Notes+
Summary Row: Start Data Entry Below 000000 3 4 3 4 1 60 510-223-016 2265 Rim Rd Faust Residence 3.4274 MAJ SFD O 6/23/2022 1 1 1 No No N/A Approved approved 10/13/21 504-052-006 775 Cabrillo Rd Ng Residence 3.4275 MAJ SFD O 6/23/2022 1 1 1 No No N/A Approved approved 10/27/21 504-390-008 2363 & 2385
Winter Sun Dr
Courpron
Residence

3.4308 MAJ SFD O 1/31/2022 1 1 1 No No N/A Approved
2nd APN: 504-390-009
504-390-006 2304 Winter Sun
Dr
DP 6 LLC (Lot 6) 3.4324 MAJ SFD O 4/28/2022 1 1 1 No No N/A Approved Approved 7/18/2022
504-270-002 Via Olivera Eden Palm
Estates

3.4326 MAJ 2 to 4 O 8/1/2022 3 3 3 No No N/A Approved
Approved 10/26/2022
504-400-008 2085 Desert
Flower
Meaney
Residence

3.4328 MAJ SFD O 5/18/2022 1 1 1 No No N/A Approved
Approved 9/6/2022
505-082-011 850 Via Las
Palmas
Shahbaz & Glaser
Residence

3.4329 MAJ SFD O 5/24/2022 1 1 1 No No N/A Approved
Approved 7/18/2022
504-400-001 2399 City View Dr W_O Modern 3.4330 MAJ SFD O 5/31/2022 1 1 1 No No N/A Approved Aproved 7/5/2022
513-570-014 110 Ridge Rd Gunn & Hibbard
Residence

3.4333 MAJ SFD O 6/22/2022 1 1 1 No No N/A Approved
Approved 9/6/2022
510-340-011 1740 Pinnacle
Point
Pinnacle Palm
Springs LLC

3.4335 MAJ SFD O 7/27/2022 1 1 No No N/A Pending
504-400-020 2306 Monument
Ct
Desert Eyrie
Homes LLC (Lot
76)

3.4336 MAJ SFD O 8/1/2022 1 1 1 No No N/A Approved
Approved 9/19/2022
504-400-003 2339 City View Dr Desert Eyrie
Homes LLC (Lot
59)

3.4337 MAJ SFD O 8/30/2022 1 1 1 No No N/A Approved
Approved 9/19/2022
504-390-021 2424 Morning
Vista
Meaney
Residence

3.4339 MAJ SFD O 8/18/2022 1 1 No No N/A Pending
504-390-010 2305 Winter Sun
Dr
Rock Palm LLC
Residence

3.4342 MAJ SFD O 10/22/2022 1 1 1 No No N/A Approved
Approved 11/7/2022
505-360-022 777 Panorama Rd Wood-
Blasingame
Residence

3.4347 MAJ SFD O 9/19/2022 1 1 1 No No N/A Approved
Approved 10/17/2022
504-400-044 2462 Rising Sun
Ct
Pinnacle View
LLC Lot 103

3.4348 MAJ SFD O 11/21/2022 1 1 1 No No N/A Approved
Approved 12/05/2022
510-340-003 1711 Pinnacle
Point
Pinnacle Palm
Springs LLC

3.4350 MAJ SFD O 10/18/2022 1 1 No No N/A Pending
Approved 2/22/2023
513-570-016 205 Ridge
Mountain Dr
Crigger
Residence

3.4353 MAJ SFD O 10/27/2022 1 1 No No N/A Pending
Approved 1/17/2023
504-171-012 2233 N Vista Dr Barnes
Residence

3.4355 MAJ SFD O 11/17/2022 1 1 No No N/A Pending
Approved 1/17/2023
504-400-031 2549 City View Dr Mifsud & Bianchi
Residence

3.4359 MAJ SFD O 12/19/2022 1 1 No No N/A Pending
2nd APN 504-400-032
505-182-005 1425 Camino
Norte
12 @ Las Palmas
12-unit project

3.4289 MAJ,

5.1554 CUP
SFA O 3/30/2022 12 12 No No N/A Pending
2nd APN 505-182-007
1 5 10
Cells in grey contain auto-calculation formulas
Table A
Housing Development Applications Submitted
Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bonus Law Applications Item 1K - Page 8
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting
Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning
Period 6th Cycle 10/15/2021 - 10/15/2029
Table A2
23 56 89
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0 29 0 31 21 0 14 172 267 501-354-004 1888 Park View Dr E BAA Westside Invest
SFD 2021-1836 SFD O 0 1 1/5/2022 1
513-260-001 502 S La Mirada Rd Temple La Mirada
Dev, LLC 2021-4070 SFD O 0 1 1/6/2022 1
502-063-017 270 Sunrise Way N A DU (657 SF, 1bd) 2021-3819 ADU R 0 1 1/11/2022 1 505-370-006 812 Las Palmas
Estates Dr One Las Palmas 2021-4642 SFD O 0 1 1/11/2022 1 504-223-001 2315 Junipero Ave New SFD 2021-3122 SFD O 0 1 1/13/2022 1 504-104-004 3065 N Puerta Del
Sol
ADU (794 SF
detached) 2021-3472 ADU R 0 1 1/18/2022 1
677-690-014 900 Patina Ln Escena (Toll Bros.) 2022-25 SFD O 0 1 1/19/2022 1 677-690-015 910 Patina Ln Escena (Toll Bros.) 2022-26 SFD O 0 1 1/19/2022 1 677-690-039 4266 Lumina Way Escena (Toll Bros.) 2022-27 SFD O 0 1 1/19/2022 1 677-690-016 920 Patina Ln Escena (Toll Bros.) 2022-28 SFD O 0 1 1/19/2022 1 677-690-018 940 Patina Ln Escena (Toll Bros.) 2022-34 SFD O 0 1 1/19/2022 1 677-690-019 950 Patina Ln Escena (Toll Bros.) 2022-36 SFD O 0 1 1/19/2022 1 677-690-020 960 Patina Ln Escena (Toll Bros.) 2022-37 SFD O 0 1 1/19/2022 1 677-690-021 970 Patina Ln Escena (Toll Bros.) 2022-38 SFD O 0 1 1/19/2022 1 677-690-022 980 Patina Ln Escena (Toll Bros.) 2022-39 SFD O 0 1 1/19/2022 1 505-370-008 918 Las Palmas
Estates Dr One Las Palmas 2021-5135 SFD O 0 1 1/20/2022 1 504-400-038 2275 Vista Distancia
Ct
Desert Palisades
Weiss Residence 2021-3178 SFD O 0 1 1/27/2022 1
504-390-037 2277 Morning Vista
Dr
Desert Palisades
Pinnacle View LLC 2021-3180 SFD O 0 1 1/27/2022 1
512-190-035 3138 Barona Rd Rosato Residence 2021-3962 SFD O 0 1 1/27/2022 1 507-491-004 2413 El Alameda E Speno ADU (560 SF,
detached) 2021-4863 ADU R 0 1 2/3/2022 1
669-770-007 3627 Taylor Dr Miralon - Woodbridge 2022-241 SFD O 0 1 2/8/2022 1 669-770-008 3609 Taylor Dr Miralon - Woodbridge 2022-243 SFD O 0 1 2/8/2022 1 669-770-009 3591 Taylor Dr Miralon - Woodbridge 2022-244 SFD O 0 1 2/8/2022 1 669-770-010 3573 Taylor Dr Miralon - Woodbridge 2022-245 SFD O 0 1 2/8/2022 1 669-770-011 3555 Taylor Dr Miralon - Woodbridge 2022-246 SFD O 0 1 2/8/2022 1 669-770-012 3537 Taylor Dr Miralon - Woodbridge 2022-247 SFD O 0 1 2/8/2022 1 669-770-013 3519 Taylor Dr Miralon - Woodbridge 2022-248 SFD O 0 1 2/8/2022 1 669-770-014 3501 Taylor Dr Miralon - Woodbridge 2022-249 SFD O 0 1 2/8/2022 1 669-770-015 3483 Taylor Dr Miralon - Woodbridge 2022-250 SFD O 0 1 2/8/2022 1 669-770-016 3465 Taylor Dr Miralon - Woodbridge 2022-251 SFD O 0 1 2/8/2022 1 669-770-017 3447 Taylor Dr Miralon - Woodbridge 2022-252 SFD O 0 1 2/8/2022 1 669-770-018 3409 Taylor Dr Miralon - Woodbridge 2022-253 SFD O 0 1 2/8/2022 1 669-770-040 3438 Taylor Dr Miralon - Woodbridge 2022-254 SFD O 0 1 2/8/2022 1 669-770-041 3474 Taylor Dr Miralon - Woodbridge 2022-255 SFD O 0 1 2/8/2022 1 669-770-042 3528 Taylor Dr Miralon - Woodbridge 2022-256 SFD O 0 1 2/8/2022 1 669-770-043 3546 Taylor Dr Miralon - Woodbridge 2022-257 SFD O 0 1 2/8/2022 1 669-770-044 3564 Taylor Dr Miralon - Woodbridge 2022-258 SFD O 0 1 2/8/2022 1 669-770-045 3582 Taylor Dr Miralon - Woodbridge 2022-259 SFD O 0 1 2/8/2022 1 669-770-046 3600 Taylor Dr Miralon - Woodbridge 2022-260 SFD O 0 1 2/8/2022 1 669-770-047 3618 Taylor Dr Miralon - Woodbridge 2022-261 SFD O 0 1 2/8/2022 1 669-790-022 3800 Ambassador
Dr Miralon - Woodbridge 2022-262 SFD O 0 1 2/8/2022 1
513-600-001 124 S Obsidian
Loop Elan SFD 2022-237 SFD O 0 1 2/14/2022 1
513-600-002 142 S Obsidian
Loop Elan SFD 2022-238 SFD O 0 1 2/14/2022 1
513-600-003 158 S Obsidian
Loop Elan SFD 2022-239 SFD O 0 1 2/14/2022 1
513-600-026 199 N Obsidian
Loop Elan SFD 2022-240 SFD O 0 1 2/14/2022 1
508-171-005
798 E Obsidian
Loop - Bldg E Unit
58 Elan Condo 2022-266 5+ O
0 1 2/14/2022 1
508-171-005
794 E Obsidian
Loop - Bldg E Unit
60 Elan Condo 2022-267 5+ O
0 1 2/14/2022 1
508-171-005
766 E Obsidian
Loop - Bldg D Unit
64 Elan Condo 2022-270 5+ O
0 1 2/14/2022 1
508-171-005
790 E Obsidian
Loop - Bldg E Unit
62 Elan Condo 2022-271 5+ O
0 1 2/14/2022 1
1 4 7
Note: "+" indicates an optional field
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Buil ding Permits Item 1K - Page 9
Table A2
23 56 89
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
1 4 7
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Buil ding Permits 508-171-005
796 E Obsidian
Loop - Bldg E Unit
59 Elan Condo 2022-284 5+ O
0 1 2/14/2022 1
508-171-005
792 E Obsidian
Loop - Bldg E Unit
61 Elan Condo 2022-285 5+ O
0 1 2/14/2022 1
508-171-005 181 N Obsidian
Loop Elan SFD 2022-286 SFD O 0 1 2/14/2022 1
508-171-005 177 N Obsidian
Loop Elan SFD 2022-287 SFD O 0 1 2/14/2022 1
508-171-005 180 N Obsidian
Loop Elan SFD 2022-289 SFD O 0 1 2/14/2022 1
508-171-005 190 N Obsidian
Loop Elan SFD 2022-290 SFD O 0 1 2/14/2022 1
50-171-005 200 N Obsidian
Loop Elan SFD 2022-291 SFD O 0 1 2/14/2022 1
508-171-005 210 N Obsidian
Loop Elan SFD 2022-292 SFD O 0 1 2/14/2022 1
508-171-005
768 E Obsidian
Loop - Bldg D Unit
63 Elan Condo 2022-364 5+ O
0 1 2/14/2022 1
508-171-005
764 E Obsidian
Loop - Bldg D Unit
65 Elan Condo 2022-365 5+ O
0 1 2/14/2022 1
508-171-005
762 E Obsidian
Loop - Bldg D Unit
66 Elan Condo 2022-375 5+ O
0 1 2/14/2022 1
508-171-005
760 E Obsidian
Loop - Bldg D Unit
67 Elan Condo 2022-376 5+ O
0 1 2/14/2022 1
507-492-001 889 Camino Condor
Branco 1 Group LLC
ADU (684 SF attached
add. 2bds)
2021-1649 ADU R
0 1 2/16/2022 1
501-061-035 412 E Racquet Club
Rd
Harpreet Casita (330
SF Detached) 2021-3643 ADU R 0 1 2/16/2022 1
677-232-012 3625 Paseo Barbara Davis ADU (detached
445 SF) 2021-5755 ADU R 0 1 2/16/2022 1
508-251-004 1015 Sunny Dunes
Rd E
Kyte ADU (detached
607 SF) 2021-3839 ADU R 0 1 2/17/2022 1
680-142-012 4184 Calle San
Raphael
Moment Concepts
JADU (Garage Conv.
289 SF)
2021-5545 ADU R
0 1 2/22/2022 1
504-390-005 2274 Winter Sun Dr Hickey Residence 2021-769 SFD O 0 1 2/23/2022 1 507-100-041 507-100-048 1527 N Sunrise Way
Vista Sunrise II
Affordable Apartments
at DAP Health
2021-4360 5+ R
0 29 31 1 2/28/2022 61
501-162-002 1125 E Racquet
Club Rd Rosta ADU (458 SF) 2021-4755 ADU R 0 1 3/2/2022 1 501-445-006 3085 San Juan Rd Green ADU (att. 758
1bd, 1ba) 2020-1383 ADU R 0 1 3/7/2022 1
501-283-010 2200 Sunrise Way N Va lle Vista SFD 2021-5347 SFD O 0 1 3/8/2022 1 504-072-005 2603 Junipero Ave Ger tsman Residence 2021-3818 SFD O 0 1 3/9/2022 1 507-054-007 930 Chia Rd Vu JADU (garage
conversion) 2021-4944 ADU R 0 1 3/14/2022 1
504-082-005 527 Santa Catalina
Rd
BAA Westside Invest
SFD 2021-2712 SFD O 0 1 3/15/2022 1
505-044-011 1475 Rose Ave Marino Residence 2021-2414 SFD O 0 1 3/16/2022 1 504-390-007 2336 Winter Sun Dr Neuhoff Residence 2021-4390 SFD O 0 1 3/16/2022 1 512-210-037 3265 Corsica Ct B aur Residence 2021-3014 SFD O 0 1 3/21/2022 1 681-222-012 2407 Broadmoor Dr Dowd JADU (Garage
Conv., 465 SF) 2021-5580 ADU R 0 1 3/21/2022 1
513-260-028 585 Camino Calidad Dyer Residence 2021-5420 SFD O 0 1 3/24/2022 1 508-426-007 1115 Deepwell Rd Svoboda ADU (493
SF) 2021-2613 ADU R 0 1 3/29/2022 1
504-390-030 2610 Winter Sun Dr Freeman Residence 2021-1154 SFD O 0 1 3/31/2022 1 677-690-023 4441 Lumina Way Escena (Toll Bros.) 2022-976 SFD O 0 1 4/4/2022 1 677-690-024 4421 Lumina Way Escena (Toll Bros.) 2022-977 SFD O 0 1 4/4/2022 1 677-690-025 4401 Lumina Way Escena (Toll Bros.) 2022-978 SFD O 0 1 4/4/2022 1 677-690-026 4381 Lumina Way Escena (Toll Bros.) 2022-980 SFD O 0 1 4/4/2022 1 677-690-027 4361 Lumina Way Escena (Toll Bros.) 2022-981 SFD O 0 1 4/4/2022 1 677-690-044 4386 Lumina Way Escena (Toll Bros.) 2022-982 SFD O 0 1 4/4/2022 1 677-690-045 4406 Lumina Way Escena (Toll Bros.) 2022-983 SFD O 0 1 4/4/2022 1 677-690-046 4426 Lumina Way Escena (Toll Bros.) 2022-985 SFD O 0 1 4/4/2022 1 677-690-047 4446 Lumina Way Escena (Toll Bros.) 2022-986 SFD O 0 1 4/4/2022 1 677-690-048 4466 Lumina Way Escena (Toll Bros.) 2022-987 SFD O 0 1 4/4/2022 1 677-640-014 4520 Esplanade Ln Escena (Toll Bros.) 2022-992 SFD O 0 1 4/4/2022 1 677-640-015 4540 Esplanade Ln Escena (Toll Bros.) 2022-993 SFD O 0 1 4/4/2022 1 677-640-016 4550 Esplanade Ln Escena (Toll Bros.) 2022-994 SFD O 0 1 4/4/2022 1 Item 1K - Page 10
Table A2
23 56 89
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
1 4 7
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Buil ding Permits 504-281-007 2025 Via Norte Davis JADU (Garage
conv. 539 SF) 2021-5433 ADU R 0 1 4/5/2022 1
501-306-002 1890 Desert Park
Ave Speno JADU 2022-494 ADU R 0 1 4/6/2022 1
669-770-024 483 Fountain Dr Miralon - Christopher
Homes 2021-4111 SFD O 0 1 4/12/2022 1
669-770-023 461 Fountain Dr Miralon - Christopher
Homes 2021-4112 SFD O 0 1 4/12/2022 1
669-770-022 445 Fountain Dr Miralon - Christopher
Homes 2021-4113 SFD O 0 1 4/12/2022 1
669-770-021 423 Fountain Dr Miralon - Christopher
Homes 2021-4114 SFD O 0 1 4/12/2022 1
669-770-020 401 Fountain Dr Miralon - Christopher
Homes 2021-4115 SFD O 0 1 4/12/2022 1
669-770-019 379 Fountain Dr Miralon - Christopher
Homes 2021-4116 SFD O 0 1 4/12/2022 1
669-770-039 400 Fountain Dr Miralon - Christopher
Homes 2021-4117 SFD O 0 1 4/12/2022 1
669-770-035 484 Fountain Dr Miralon - Christopher
Homes 2021-4118 SFD O 0 1 4/12/2022 1
669-770-034 500 Fountain Dr Miralon - Christopher
Homes 2021-4119 SFD O 0 1 4/12/2022 1
504-125-005 105 W San Marco
Way GHA Residence 2021-1906 SFD O 0 1 4/20/2022 1
504-400-017 2216 Monuement Ct Erke Residence 2021-3641 SFD O 0 1 4/21/2022 1 669-790-009 3534 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-1344 SFD O 0 1 5/3/2022 1
669-790-008 3514 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-1345 SFD O 0 1 5/3/2022 1
669-790-007 3496 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-1347 SFD O 0 1 5/3/2022 1
669-760-036 526 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1457 SFD O 0 1 5/3/2022 1
669-760-037 504 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1458 SFD O 0 1 5/3/2022 1
669-760-038 460 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1459 SFD O 0 1 5/3/2022 1
669-760-028 455 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1460 SFD O 0 1 5/3/2022 1
512-070-046 2600 Kings Rd E Greenstein ADU (832
SF) 2021-5555 ADU R 0 1 5/9/2022 1
508-220-018 600 S Grenfall Convert 4 to 5 unit (1
new studio unit) 2021-472 5+ R 0 1 5/16/2022 1
680-180-051 6543 Tesla Lumen 2022-2108 SFD O 0 1 5/16/2022 1 680-180-051 1650 Candela Ct Lumen 2022-2119 SFD O 0 1 5/16/2022 1 680-180-051 1660 Candela Ct Lumen 2022-2124 SFD O 0 1 5/16/2022 1 508-301-009 217 Ocotillo Ave Olga-Sterns Res. 2021-5106 SFD O 0 1 5/17/2022 1 669-790-006 3478 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-1799 SFD O 0 1 5/24/2022 1
669-790-005 3458 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-1808 SFD O 0 1 5/24/2022 1
669-790-004 3440 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-1815 SFD O 0 1 5/24/2022 1
669-760-039 438 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1818 SFD O 0 1 5/24/2022 1
669-760-040 416 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1821 SFD O 0 1 5/24/2022 1
669-760-027 433 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1825 SFD O 0 1 5/24/2022 1
669-760-026 415 Palladium Blvd Miralon - Gallery
Homes Residence 2022-1826 SFD O 0 1 5/24/2022 1
681-192-012 5200 Menlo Cir Blount - ADU
(detached 999 SF) 2021-1651 ADU R 0 1 5/25/2022 1
508-550-021 426 N Hermosa Dr Polluck JADU 2022-2457 ADU R 0 1 5/25/2022 1 512-260-001 3005 Goldenrod Ln Smyth Residence 2022-129 SFD O 0 1 6/2/2022 1 505-370-009 998 Las Palmas
Estates One Las Palmas 2022-1322 SFD O 0 1 6/9/2022 1
513-590-038 1521 S Belardo Rd Long ADU (500 SF
detached) 2022-1048 ADU R 0 1 6/14/2022 1
513-193-050 680 W Ramon Rd Lumen 2022-873 SFD O 0 1 6/14/2022 1 680-180-051 1607 Candela Ct Lumen 2022-2814 SFD O 0 1 6/16/2022 1 680-180-051 1605 Candela Ct Lumen 2022-2815 SFD O 0 1 6/16/2022 1 680-180-051 1603 Candela Ct Lumen 2022-2819 SFD O 0 1 6/16/2022 1 680-180-051 1601 Candela Ct Lumen 2022-2829 SFD O 0 1 6/16/2022 1 680-180-051 1602 Candela Ct Lumen 2022-2830 SFD O 0 1 6/16/2022 1 680-180-051 1604 Candela Ct Lumen 2022-2831 SFD O 0 1 6/16/2022 1 680-180-051 1606 Candela Ct Lumen 2022-2833 SFD O 0 1 6/16/2022 1 680-180-051 1612 Candela Ct Lumen 2022-2834 SFD O 0 1 6/16/2022 1 680-180-051 1610 Candela Ct Lumen 2022-2858 SFD O 0 1 6/16/2022 1 680-180-051 1608 Candela Ct Lumen 2022-2859 SFD O 0 1 6/16/2022 1 507-233-035 860 Avenida
Caballeros
Doyle Residence (&
ADU) 2021-3995 SFD O 0 1 6/21/2022 1
680-180-051 1609 Candela Ct Lumen 2022-2812 SFD O 0 1 6/21/2022 1 Item 1K - Page 11
Table A2
23 56 89
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
1 4 7
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Buil ding Permits 508-202-008 874 E Mesquite Ave Pe ttey ADU (430 SF) 2022-931 ADU R 0 1 7/11/2022 1 510-130-068 2600 Anza Trl Zimmerman SFR 2020-3165 SFD O 0 1 7/14/2022 1 508-171-005 169 N Obsidian
Loop Elan SFD 2022-2493 SFD O 0 1 8/1/2022 1
508-171-005 155 N Obsidian
Loop Elan SFD 2022-2494 SFD O 0 1 8/1/2022 1
508-171-005 143 N Obsidian
Loop Elan SFD 2022-2495 SFD O 0 1 8/1/2022 1
508-171-005 140 N Obsidian
Loop Elan SFD 2022-2496 SFD O 0 1 8/1/2022 1
508-171-005 150 N Obsidian
Loop Elan SFD 2022-2497 SFD O 0 1 8/1/2022 1
508-171-005 160 N Obsidian
Loop Elan SFD 2022-2498 SFD O 0 1 8/1/2022 1
508-171-005 170 N Obsidian
Loop Elan SFD 2022-2499 SFD O 0 1 8/1/2022 1
502-501-009 2750 Golondrina
Way
Wong ADU (575 SF
attached 1bd) 2022-2007 ADU R 0 1 8/16/2022 1
501-082-001 1191 Francis Dr Lahde ADU (612 SF
Detached) 2022-2344 ADU R 0 1 8/16/2022 1
508-451-001 1440 Palm Tree Dr
N
Weiner JADU (garage
conv) 2022-477 ADU R 0 1 8/18/2022 1
510-340-005 1731 Pinnacle Point Pinnacle Palm Springs
LLC 2021-5399 SFD O 0 1 8/25/2022 1
504-212-005 775 Chino Canyon
Rd Flannery Residence 2022-664 SFD O 0 1 8/25/2022 1
680-180-051 6530 Tesla Ln Lumen 2022-3945 SFD O 0 1 8/31/2022 1 680-180-051 6554 Tesla Ln Lumen 2022-3946 SFD O 0 1 8/31/2022 1 680-180-051 6574 34th Ave Lumen 2022-3947 SFD O 0 1 8/31/2022 1 680-180-051 6536 34th Ave Lumen 2022-3948 SFD O 0 1 8/31/2022 1 680-180-051 6550 34th Ave Lumen 2022-3949 SFD O 0 1 8/31/2022 1 680-180-051 6558 Tesla Ln Lumen 2022-3950 SFD O 0 1 8/31/2022 1 680-180-051 6555 Tesla Ln Lumen 2022-3951 SFD O 0 1 8/31/2022 1 680-180-051 6542 Tesla Ln Lumen 2022-3953 SFD O 0 1 8/31/2022 1 680-180-051 6562 34th Ave Lumen 2022-3954 SFD O 0 1 8/31/2022 1 680-180-051 6548 34th Ave Lumen 2022-3955 SFD O 0 1 8/31/2022 1 680-180-051 6560 Tesla Ln Lumen 2022-3958 SFD O 0 1 8/31/2022 1 680-180-051 6562 Tesla Lumen 2022-3959 SFD O 0 1 8/31/2022 1 508-323-009 456 E Sonora Rd Hwang ADU (attached
390 SF) 2022-2192 ADU R 0 1 9/7/2022 1
669-393-023 400 Avenida Cerca H edlund Residence 2022-816 SFD O 0 1 9/8/2022 1 677-690-031 4281 Lumina Way Escena (Toll Bros.) 2022-2710 SFD O 0 1 9/13/2022 1 677-260-025 4261 Lumina Way Escena (Toll Bros.) 2022-2712 SFD O 0 1 9/13/2022 1 677-260-025 4241 Lumina Way Escena (Toll Bros.) 2022-2714 SFD O 0 1 9/13/2022 1 677-690-015 910 Patina Ln Escena (Toll Bros.) 2022-2716 SFD O 0 1 9/13/2022 1 677-690-039 4266 Lumina Way Escena (Toll Bros.) 2022-2723 SFD O 0 1 9/13/2022 1 677-690-039 4266 Lumina Way Escena (Toll Bros.) 2022-2726 SFD O 0 1 9/13/2022 1 677-690-014 900 Patina Ln Escena (Toll Bros.) 2022-2729 SFD O 0 1 9/13/2022 1 677-690-041 4306 Lumina Way Escena (Toll Bros.) 2022-2730 SFD O 0 1 9/13/2022 1 677-690-028 4341 Lumina Way Escena (Toll Bros.) 2022-3404 SFD O 0 1 9/13/2022 1 677-690-029 4321 Lumina Way Escena (Toll Bros.) 2022-3406 SFD O 0 1 9/13/2022 1 677-690-030 4301 Lumina Way Escena (Toll Bros.) 2022-3407 SFD O 0 1 9/13/2022 1 677-690-042 4326 Lumina Way Escena (Toll Bros.) 2022-3443 SFD O 0 1 9/13/2022 1 677-690-043 4346 Lumina Way Escena (Toll Bros.) 2022-3446 SFD O 0 1 9/13/2022 1 501-171-011 2110 N Carillo Rd Lee ADU (780 SF) 2021-4594 ADU R 0 1 9/14/2022 1 505-112-022 985 Tuxedo Cir Lewin JADU (Garage
Conv. 466 SF) 2022-2743 ADU R 0 1 9/29/2022 1
505-370-007 882 Las Palmas
Estates Dr One Las Palmas 2022-3357 SFD O 0 1 10/5/2022 1 669-790-002 3402 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-3731 SFD O 0 1 10/6/2022 1
669-790-003 3422 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-3732 SFD O 0 1 10/6/2022 1
669-790-001 3384 Ambassador
Dr
Miralon - Gallery
Homes Residence 2022-3733 SFD O 0 1 10/6/2022 1
669-760-042 372 Palladium Blvd Miralon - Gallery
Homes Residence 2022-3734 SFD O 0 1 10/6/2022 1
669-760-025 393 Palladium Blvd Miralon - Gallery
Homes Residence 2022-3735 SFD O 0 1 10/6/2022 1
669-760-041 394 Palladium Blvd Miralon - Gallery
Homes Residence 2022-3736 SFD O 0 1 10/6/2022 1
669-760-024 375 Palladium Blvd Miralon - Gallery
Homes Residence 2022-3737 SFD O 0 1 10/6/2022 1
507-051-007 1401 Fiesta Road Salveson ADU
(detached 540 SF) 2022-2412 ADU R 0 1 10/13/2022 1
504-081-006 522 Santa Catalina
Rd W
Shafrif JADU (garage
conv) 2022-3458 ADU R 0 1 10/17/2022 1
512-290-057 393 Lautner Ln Gewolb Residence 2021-4084 SFD O 0 1 10/25/2022 1 511-053-012 992 La Jolla Rd Spiegel ADU 2022-3457 ADU R 0 1 11/17/2022 1 513-570-006 220 Ridge Mountain
Dr
Banks McNeill
Residence 2022-1287 SFD O 0 1 11/21/2022 1
Item 1K - Page 12
Table A2
23 56 89
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date
Approved
# of Units
issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building
Permits Date
Issued
# of Units
Issued
Building
Permits
1 4 7
Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Buil ding Permits 501-445-002 3155 San Juan Rd Lucci-Fiorentino Res
and ADU 2022-2423 SFD O 0 1 12/6/2022 1
511-271-001 994 Balboa Cir Clark JADU (garage
conv) 2022-5391 ADU R 0 1 12/13/2022 1
507-491-009 2412 Camino
Pelicano
McLaughlin ADU
(detached) 2022-2641 ADU R 0 1 12/20/2022 1
501-445-002 3155 San Juan Rd
Lucci-Fiorentino Res
and ADU (999 SF
attached)
2022-2423 ADU R
0 1 12/6/2022 1
507-233-035 860 Avenida
Caballeros
Doyle Residence &
ADU (690 SF, 1bd) 2021-3995 ADU R 0 1 6/21/2022 1
507-071-021 860 Grace Cir Cohen JADU (1bd, 405
SF) 2022-1619 ADU R 0 1 8/16/2022 1
Item 1K - Page 13
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - - 53 - - - - - - - Non-Deed Restricted 10 1 - - - - - - - - Deed Restricted - - 66 - - - - - - - Non-Deed Restricted 2 1 21 - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - 14 - - - - - - - Above Moderate 1,143 62 39 294 - - - - - - - 395 748 2,557
74 41 448 - - - - - - - 563 1,994 5 67
Extremely low-Income
Need 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total Units to Date
Total Units
Remaining
273 - 35 - - - - - - - 35 238 Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
447
64 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
14 Moderate
545
408
461
Please contact HCD if your data is different than the material supplied here 90 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
481
318
Please note: For the last year of the 5th cycle, Table B w ill only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted sinc e the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as v ery low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be c ounted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Governm ent Code 65583(a)(1). Value in Section 5 is default value, ass umed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Item 1K - Page 14
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Date of Rezone Rezone Type
2 4567 9 1 0 1 1
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C
Item 1K - Page 15
Jurisdiction Palm Springs
Reporting Year 2022 (Jan. 1 - Dec. 31)
D_1_Name D_2_Objective D_3_Time D_4_Status
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation

1.1 Adequate Sites

1. To maintain inventory and map of sites availabe for
residential development. 2. Amend zoning code to
redefine accessory units, remove conditional use
permit requirement, and make standards consistent
with state law. Update the Zoning Code Map to make
all properties in Table 3-20 consistent with the
General Plan Land Use map
The process of updating Table 3-20 is
ongoing. The City is also in the process
of creating a new zoning map
consistent with the General Plan Land
Use Map
On March 6, 2019, the Zoning Code was amended to meet objectives 1 and 2. Ordinance 1981 has removed CUP requirement from the Code and accessory units has been redined and is now referred to as Accessory Dwelling Units (ADU) consistent with State law. On May 21, 2020, the City adopted Ordinance 2023 and amended development standards for ADU to comply with amended provisions of Government Code 65852.2 and 65852.22, which took effect January 1, 2020.

1.2 Regulatory Incentives
Review and accept requests
for minor modifications,
density bonuses, and general plan amendments and
zone shanges for housing projects that meet City
housing goals. 2. Study minor modification process
and modify the findings required to expedite quality
h
ousing
Complete. The City has updated its
Zoning Code to allow density bonus.

The general plan update process
started in 2019 and will be completed in
2023.

On January 9, 2019 the City Council adopted Ordinance 1976 and updated the Zoning Code to allow density bonuses for affordable housing. The City received one application for a housing project during the 2020 reporting year that required minor modifications and density bonus.

1.3 Financial Incentives

1. Continue to approve fee reductions and waivers,
City tax increment funds, General funds, low cost
land, and other assistance for affordable housing
projects. Consider waiving CVMSHCP fee (e.g. to
acquire sensitive habitat) for lower-income affordable
housing projects. Promote financial and development
assistance programs for the building community on
an annual basis.

This objective is ongoing
On October 2, 2019, the City established the "Affordable and Multi-family Housing Incentive Program," which is a program to estalbish reduced development impact fees and devloper fees related to residential projects constructing new affordable dwelling units, or constructing new multi-family residential units (under City Council Resolution 24654). The Agave at Palm Canyon Project (referenced above) took advantage of this incentive program.

Density Bonus, Supportive Housing and Reasonable Accomodations ordinance have been adopted by the City. In 2020, the City secured a $10 million allocation from the State Homeless Housing Assistance and Prevention Grant (HHAP) and allocated $4 million to help create new permanent housing at Vista Sunrise II and Agave at Palm Canyon.

1.4Development
Standards
Imlement increased floor area of up to 4.0 for
mixed/multi-use projects in the core of downtown as
defined by the Downtown Urban Design Plan and
Land Use Element. Allow housing densities up to 70
units per acre for mixed/multi-use projects in the core of downtown as defined by Urban Design Plan and
Land Use Element. Create a density bonus ordinance
and incentive programs consistent with State law.

Complete. This objective was acted
upon on February 6, 2019, by the City
Council. Ordinance 1977 allowing up to
70 units per acre in mixed use
development became effective March
22, 2019.

On February 6, 2019, the City adopted Ordinance 1977 to amend the Zoning Code allowing up to 70 units per acre for mixed-use development in CBD (Central Business District), C-1 (Retail Commercial) and C-2 (General Business) zones. The Ordinance became effective on March 22, 2019.

1.9 Housing Types Implement an incentive program for lot consolidation on lots of 1 acre or less This objective is ongoing The City w ill study the possibility of adopting this objective in the nearest future.

2.1 Design Standards Continue to implement residential design standards through architectural review of residential projects. This objective is ongoing On January 30, 2020, the City Council directed staff to study revisions to zoning application processes, and to return with an ordinance to streamline entitlment timeframes. A subcommittee (Planning Commission and Architectural Committee members) worked with staff throughout 2020 on streamlining the entitlement process. On March 25, 2021, the City Council adopted the ordinance recommended by Planning Commission, which shortens timeframs for single-family homes and tentative maps. The next phase of this program involves the adoption of design guidelines, which are expected to be prepared in 2023.

Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Item 1K - Page 16
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583

2.2 Historic Preservation
Continue to implement the historic preservation
program for residential structures. Continue to
update the Histoic Resources Survey and identify
additional resdential structure as Class or Class 2
historic structures.

These are ongoing activities at the City.

The City has created the position of a Historic Preservation Officer dealing historic preservation duties. Also, the City's historic preservation ordinance remains in efect. The City's Historic Site Preservation Board (HSPB) nominates and the City Council approves residential structures for Class 1 historic designation n a regular basis. A City wide survey was completed in 2016 and has been adopted by the Council.

2.3 Property Maintenance
Implement code enforcement programs using
approach of volutary compliance, administrative
citations and court action. Provide education
regarding lead-based paint hazards and assistance in
complying with federal law. Provide financial
assistance where appropriate to remedy property
maintenance and health code violations.

These objectives are ongoing. The home repair program has been in place since 1986 and available for financial assistance for very low-income households to assist in making home repairs that would otherwise not be affordable for those households,

2.5 Mobile Home
Reabilitation and
Preservation
Commit funding to rehabilitate the Sahara Mobile
Home Park and commit home ownership funds to El
Dorado Mobile Home Park as a strategy to address
extremely low income housing needs. Continue
implementation and periodic review of the mobile
home park rent stabilization ordinance as a strategy
to address extremely low income housing needs.

These objectives are ongoing. In 2007, the City assisted the Sahara Mobile Park with the sum of $450,000 for rehabilitation within the mobile park.

There were no such initiatives undertaken in the reporting year of 2018.

2.6 Preservation of At-
Risk Units
Monitor the status of affordable units that may
become at-risk of conversion and provide technical
assistance as feasible to facilitatepreservation.

Support efforts to preserve Tahquitz Court Apts,
Sunnyview Villas and Palos Verdes Villas.

These objectives are ongoing since
2008 and remains in effect.

In 2017, the City adopted urgency ordinances (Ordiance No. 1923 and 1927) imposing certain tenant relocation and protection requirements for the conversion of any multifamily housing units to other units. In 2018, this urgency ordinance was extended an additional year, and in 2019, the City established Chapter 5.85 (Ordinance No. 1986).

3.1 Home Ownership
Assistance
Provide home ownership opportunities for 9
households in the Desert Highlands area. Research,
review and develop additional homebuyer's
assistance program to meet goals set forth in the
Consolidated Plan
These objectives are ongoing since
2008 and remains in effect.

An affordable housing webpage was developed on the City's website that provides a directory of resources for those seeking affordable housing and related services, including continued participation in the County's Mortgage Credit Certificate Program.

3.2 Rental Assistance
Support the County's housing voucher program and
lobby for additional vouchers as needed. Provide City
financial assistance to local non-profit organizations
for motel vouchers.

These objectives are ongoing in the
City.

Annually, the City reviews the Public Housing Authority's annual plan for consistency with the CDBG Consolidated Plan. Specific focus is on coordination for housing voucher allocations. The City also make referrals to the County of Riverside Continuum of Care members and other housing providers. In December 2020, the City approved utilitizing CDBG Funds Corona Virus funds (CDBG-CV) for a residential rental assistance program in the amount of $510,912, allowing households whose income does not exceed 80% of the Area Median Income in Riverside County to receive a one-time rental assistance of $3,500 to cover two to three months of rent (payments made directly to landlords).

3.3 Fair Housing Services
Continue to contract with local fair housing providers
to perform a wide range of educational advocacy, and
mediation services. Periodically report to the City
Human Rights Commission on the status of fair
housing. Periodically prepare an Analysis of
impediments to Fair Housing Choice and implement
its findings.

These objectives are ongoing in the
City.

Reports are made to the Human Rights Commission periodically. Programs remain in effect and are being implemented on an ongoing basis.

Item 1K - Page 17
12 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Programs Progress Report
Table D
Program Implementation Status pursuant to GC Section 65583

3.4 Housing Access
Amend Zoning Code to define and permit small
residential care facilities serving six or fewer people in all residential zones. Amend Zoning Code to
include group homes for 7 or more residents in the R-
2, R-3 and R4 zones with the approval of a
Conditional Use Permit. Update as needed the City's
Transition Plan to identifyand remove impediments to
access by persons with disabilities.

CreateReasonable Accomodation ordinance to
ensure access by disabled people
With the exception of 7 or more
residents in R-2, R-3 & R-4 Zones, all
other objectives have been
implemented in the City.

The Zoning Code has been amemded relative to small residential care facilities and is now consistent with the State law. The City has also adopted ordinaces for Reasonable Accomodation (Ordinance 1975) and Transitional and Supportive Housing (Ordinance 1974).

3.5 Emergency Shelter
and Transition Housing
Continue to fund services for homeless people
through the Consolidated Planning process. Amend
the Zoning Ordinance to define homeless shelter, and
allow homeless shelters by right in the M-2 Zone
Assistance to homelessness crisis is
ongoing in the City.

The
City provides the sum of $100,000 for an outreach program through the Coachella Valley Association of Governments Path of Life initiative and a comprehensive supportive services for homeless persons and persons needing emergency and/or transitional housing. In 2017, the City approved an MOU with the Desert Healthcare Foundation to provide up to the sum of $450,000 for assisting in the homelessness crisis by participating in the City's Wrap Around Services Program. In December of 2014, the City amended the Zoning Ordinance to allow homeless shelters in the M-2 Zone.

4.1 Green Building
Develop a green building ordinance that encourages
resource conservation in the construction and
rehabilitation of housin
g.

These objectives have been ongoing in
the City since 2008. The City of Palm Springs adopted the California Green Building Code and related appendix in 2010.

4.2 Hillside Development Continue implementing hillside evelopment standards. Ongoing
Section 93.13.00 of the City of Palm Springs Code regulated all hillside development within the City. It requires that all applications for hillside development be submitted pursuant to Section 94.04.00 of the Code for architectural review
process.

4.3 Water Conservation Continue implementation of the review of water conservation aspects of landscape ordinace. Ongoing
In April 2016. the City adopted a new Water Efficient Landscape Ordinance. The City also collaborates with local Water Agency in reviewing landscape projects to making sure that they meet the City's mater efficient landscape criteria. In addition, the City developed a Technical Assistance Guidelines for applicants turf replacement and water efficient landsca
pes.

Item 1K - Page 18
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Item 1K - Page 19
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
The description should adequately document how
each unit complies with subsection (c) of Government
Code Section 65583.1+.

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community‐
development/docs/adequate‐sites‐checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other s tructures that are converted from non-residential to residentia l units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Item 1K - Page 20
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates
an optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Notes
23 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate-
Income Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Above Moderate RHNA
Item 1K - Page 21
Jurisdiction Palm Springs
Reporting Period 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
23 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

Item 1K - Page 22
Jurisdiction Palm Springs Note: "+" indicates an optional field Reporting Period 2022 (Jan. 1 - Dec. 31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
12 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
677-540-028; 677-
540-036
Gene Autry Trail and Mission
Drive Vacant Excess 5.6
513-560-048
Southwest Corner of North
Belardo Road and Belardo
Road
Vacant Excess 0.45
504-150-011
through 504-150-
055
N/L W. Chino Canyon Rd and S/L Sanborn Way Vacant Excess 31.4 504-040-046 West of North Vista Grande Ave between
Tramway Rd and W. Racquet Clu Rd Vacant Excess 41.6
513-290-013 190 W. Sunny Dunes Rd Vacant Excess 0.16
680-072-012;
680-072-009;
680-072-006;
680-072-005
4 parcels on eastern half of block located at
southwest corner of Calle De Ricardo and Vella
Road, north of Calle De Carlos
Vacant Excess 1.07
680-083-003; 680-
073-004; 680-073-
006; 680-073-005
4 parcels on eastern half of block located at
southwest corner of Calle De Ricardo and Vella
Road, north of Calle De Carlos
Vacant Excess 0.93
505-182-010 1479 N. Palm Canyon Dr Vacant Exempt Surplus Land 1 Under contract for affodable housing
project
505-182-004 1479 N. Palm Canyon Dr Vacant Exempt Surplus Land 0.75 Under contract for affodable housing
project
513-091-003 285 N. Indian Canyon Dr Vacant Excess 0.13
513-153-017 223 S. Palm Canyon Dr Commercial Excess 0.02 513-153-017 221 S. Palm Canyon Dr Commercial Excess 0.08 513-153-017 211 S. Palm Canyon Dr Commercial Excess 0.06 513-153-017 219 S. Palm Canyon Dr Commercial Excess 0.02 501-401-010 233 W Tramview Rd Vacant Excess 0.17
501-401-039 El Dorado Blvd Vacant Excess 0.21
669-353-001 Rosa Parks Road Vacant Excess 0.22
NOTE: This table is meant to contain an invenory of
ALL surplus/excess lands the reporting jurisdiction
owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For Riverside County jurisdictions, please format the APN's as follows:999-999-999 Item 1K - Page 23
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Note: + indicates an
optional field
Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain
auto-calculation
formulas
Planning Period 6th Cycle
10/15/2021 - 10/15/2029
Project Type Date Notes
23 APN Street Address Project Name+ Local Jurisdiction
Tracking ID+ Activity Date Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income Notes
Table I
Units Constructed Pursuant to Government Code 65852.21 and Applications for Lot Splits Pursuant to Government Code 66411.7 (SB9) NOTE: SB 9 PROJECTS ONLY. This table only
needs to be completed if there were lot splits
applied for pursuant to Government Code
66411.7 OR units constructed pursuant to
65852.21.

Units entitled/permitted/constructed must also
be reported in Table A2. Applications for these
units must be reported in Table A.

Summary Row: Start Data Entry Below
Project Identifier Unit Constructed
1 4
Item 1K - Page 24
Jurisdiction Palm Springs ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2022 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Project Type Date
Units (Beds/Student
Capacity) Granted
Density Bonus
Notes
23 5 6
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Total Additional Beds
Created Due to Density
Bonus
Notes
Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Item 1K - Page 25
Jurisdiction Palm Springs
Reporting Year 2022 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 10/15/2021 - 10/15/2029
Current Year
Deed Restricted 53
Non-Deed Restricted 0
Deed Restricted 66
Non-Deed Restricted 21
Deed Restricted 0
Non-Deed Restricted 14
294
448
Units by Structure Type Entitled Permitted Completed
SFA 0 0 0
SFD 0 161 0
2 to 4 0 0 0
5+ 0 253 0
ADU 0 34 0
MH 0 0 0
Total 0 448 0
21 34
16 0
0 0
0 0
Income Rental Ownership Total
Very Low 24 0 24
Low 35 0 35
Moderate 00 0
Above Moderate 00 0
Total 59 0 59
Cells in grey contain auto-calculation formulas
Total Units Constructed with Streamlining
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Item 1K - Page 26
Jurisdiction Palm Springs
Reporting Year 2022 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto‐populated based on amounts entered in rows 15‐26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Task 1 Update College Park
Specific Plan $96,926.00 $0.00 None Bids for work completed. Process was initiated in 2021 and continues into 2022
Task 2 Update Housing Element $53,074.00 $0.00
Local
General
Fund
In 2022, the revised its draft housing element and
incorporated comments received from
neighborhood listening sessions, creating policies
and programs to affirmatively further fair housing
including areas with lower income and minority
census tracts. However, the Covid pandemic
resulted in delays to the schedule and the
timeframe for ultimate completion may be
delayed as a result.

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
150,000.00$
Task Status
In Progress
In Progress
Item 1K - Page 27

CITY COUNCIL STAFF REPORT
05/11/2023
SUBJECT:

APPROVAL OF A PURCHASE ORDER TO KIMLEY-HORN AND ASSOCIATES

FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR CITYWIDE TRAFFIC SIGNAL SYSTEM UPGRADES FOR CITY PROJECT 21-10
RECOMMENDATION:

Approve a purchase order in an amount not to exceed $135,250 with Kimley-Horn, pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for the subject project.

1. Delegate authority to the City Manager or designee to approve contract amendments up to a total amount of $27,050 (20%).

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

Attachments
Item 1L

CITY COUNCIL STAFF REPORT
D
ATE: MAY 11, 2023 CONSENT CALENDAR
SU
BJECT: APPROVAL OF A PURCHASE ORDER TO KIMLEY- HORN AND

ASSOCIATES FOR ON-CALL TRAFFIC ENGINEERING SERVICES FOR

CITYWIDE TRAFFIC SIGNAL SYSTEM UPGRADES FOR CITY
PROJECT 21-10
F
ROM: Scott C. Stiles, City Manager
BY: E
ngineering Services Department
SUMMARY:

A
pproval of this item will engage Kimley-Horn and Associates (“Kimley-Horn”) to provide traffic engineering services for the City-Wide Traffic Signal System Upgrades, City Project 21-10 (“Project”).

RECOMMENDATION:

1. A
pprove a Purchase Order in an amount not to exceed $135,250 with Kimley-Horn, pursuant to the City’s “on-call” agreement (A8342), for traffic engineering services for the subject project.

2. D
elegate authority to the City Manager or designee to approve contract amendments up to a total amount of $27,050 (20%).

3. A
uthorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

T
he Public Integrity Disclosure Form for Kimley-Horn is included as Attachment A.

BACKGROUND:

O
n January 21, 2015, the City Council awarded a construction contract for the Traffic Operation Center (TOC) and Citywide Traffic Signal Interconnect/Synchronization Project, City Project No. 08-04. The Project installed a system of wireless and wired ethernet over copper to connect six corridors (North/South Palm Canyon, Indian Canyon, Tahquitz Item 1L - Page 1
City Council Staff Report
May 11, 2023 -- Page 2
City Project 21-10 Traffic Signal System Upgrades

Canyon, Sunrise Way, Ramon Road, and East Palm Canyon) , and build a T OC to manage the interconnected system.

The TOC project was completed on April 18, 2018 . W ithin the same month , after completing the upgrades, the City entered into a participating agreement with the Coachella Valley Association of Governments (CVAG) for a regional traffic signal synchronization program, which included Caltrans and all desert cities, except for the City of Rancho Mirage.

In 2021, the regional traffic signal synchronization program (CV Sync) started upgrading the local agencies’ existing legacy traffic signal controllers, traffic management systems, and communication systems with the latest technologies in order to provide inter-agency traffic signal synchronization. The project was split into Phase 1 & Phase II.

In November 202 2, construction started on Phase I, which spans three regional roadways: Highway 111, Ramon Road and Washington Street. The project improvements include advanced traffic management systems (ATMS), advanced transportation controllers (ATC), selected Intelli gent Transportation System (ITS) elements, ITS sub- systems, and Ethernet/IP -based communications that will be expandable and scalable for future integration of ITS technologies and strategies, such as Integrated Corridor Management (ICM), Smart Cities, and connected and autonomous Vehicles. This project also includes a Regional Traffic Management Center (RTMC) and local Traffic Operation Centers (TOC) that has the capability to monitor, control of connected traffic signals, and be used as a monitoring tool for research and analysis to help determine regional system enhancements, operations, and maintenance.

STAFF ANALYSIS:

Over time, the City’s infrastructure outside the 2018 upgrades is coming to the end of its useful life. Effective operation of the TOC and interconnected traffic signal corridors has become difficult as many intersections are failing due to the outdated electrical infrastructure. Staff is looking forward to upgrading the older infrastructure to communicate properly with the City’s TOC and the Regional TOC constructed by CVAG.

On January 30, 2020, the City authorized a purchase order to Kimley -Horn to evaluate the TOC, troubleshoot and identify communication problems along interconnected routes, and identify and recommend solutions to ensure consistent communication from each interconnected corridor and the TOC. Kimley-Horn also evaluated 35 out of the 86 traffic signalized intersection for operations (not interconnected), condition of equipment, and revised traffic signal timing.

Over the next few years, Staff will be upgrading our infrastructure to match the systems being installed by the CV Sync project. Kimley-Horn, our t raffic engineering consultant, will be working hand in hand with our traffic signal maintenance contractor to evaluate each and every traffic signal in the City to fix, update, or modify, as necessary. The goal Item 1L - Page 2
City Council Staff Report
May 11, 2023 -- Page 3
City Project 21-10 Traffic Signal System Upgrades

is to b ring the rest of our network online with the TOC at City Hall using the regional specifications from CVAG.

Staff recommends the City Council approve issuance of a Purchase Order in the amount of $135,250 in accordance with the proposal dated April 3, 2023, and included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301 “Existing Facilities,” Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination; therefore, the subject project is considered categorically exempt from CEQA . A Notice of Exemption will be prepared by Staff and filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

Community Infrastructure (3A), Improve City Facilities - Prioritize Deferred Maintenance.

FISCAL IMPACT:

Sufficient funding is available from Measure “A” funds programe d in the 5- Year Capital Improvement Program for the Project.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Public Integrity Disclosure Form (Kimley-Horn).

B. Kimley-Horn Proposal dated April 3, 2023.

Item 1L - Page 3

Attachment A
Item 1L - Page 4

PUBLIC INTEGRITY DISCLOSURE FORM

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle 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? Yes
No

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Officer
Director
Member
Manager [name]
General Partner
Limited Partner
Other
Officer
Director
Member
Manager [name]
General Partner
Limited Partner
Other
Officer
Director
Member
Manager [name]
General Partner
Limited Partner
Other
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

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Palm Springs City CouncilMay 11, 2023

Palm Springs City Council
May 11, 2023