Agenda packet — Palm Springs City Council, April 25, 2024 (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

APRIL 25, 2024

4:00 PM CLOSED SESSION
5:30 PM REGULAR MEETING
Jeffrey Bernstein, Mayor
Ron deHarte, Mayor Pro Tem
Grace Elena Garner, Councilmember
Christy Gilbert Holstege, Councilmember
Lisa Middleton, Councilmember
Scott Stiles, City Manager

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.

Pursuant to Assembly Bill 557 -
To view/listen/participate in the meeting live, please contact the City Clerk at [email protected] or the following telephone number (760) 323-8204 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, in order to access the meeting and offer public comment. Any person who wishes to provide public testimony for an item on the agenda is requested to file a speaker card before the Public Testimony portion of the meeting.

You may submit your public comment to the City Council electronically. Materials may be emailed to [email protected]. Transmittal prior to the start of the meeting will help ensure that your correspondence is fully considered. Any correspondence received during or after the meeting will be distributed to the City Council and retained for the official record. View the City Council meeting live at the City’s website www.palmspringsca.gov/psctv, YouTube, or Channel 17 (Spectrum).

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

4:00 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

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.

April 25, 2024 City Council Regular Meeting Agenda 2

5:30 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL:

PRESENTATIONS:

A. LIBRARY RENOVATION UPDATE

B. WILDFIRE MITIGATION, PALM SPRINGS FIRE DEPARTMENT

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

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

REPORT OF CLOSED SESSION:

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

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. APPROVAL OF MINUTES
RECOMMENDATION:

Approve the City Council Meeting Minutes of March 28, 2024 and April 11, 2024.

April 25, 2024 City Council Regular Meeting Agenda 3
B. ACCEPTANCE OF A RESIGNATION FROM THE PARKS & RECREATION

COMMISSION AND NOTICE OF AN UNSCHEDULED VACANCY ON THE

PLANNING COMMISSION
RECOMMENDATION:

Accept the resignation of Margaret Keung from the Parks & Recreation Commission effective immediately; and acknowledge that an unscheduled vacancy has occurred on the Planning Commission.

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

Adopt a resolution entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 03-22-24
TOTALING $2,329,592.37 AND ACCOUNTS PAYABLE WARRANTS DATED 03-14-24 TOTALING $4,410,429.65, IN THE AGGREGATE AMOUNT OF $6,740,022.02, DRAWN ON BANK OF AMERICA."

D. A REQUEST BY AG LAND INVESTMENTS, LLC, FOR APPROVAL OF A

TWO-YEAR EXTENSION OF TIME APPLICATION FOR AN APPROVED
TENTATIVE TRACT MAP, CASE TTM 38049, TO SUBDIVIDE 2.53 ACRES OF UNDEVELOPED LAND TO CREATE EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD (APN:
507-380-019 & 507-380-020), ZONE R-1-C, SECTION 12 (CASE EOT-2024-0001) RECOMMENDATION:

Adopt a Resolution entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO.

EOT-2024-0001, EXTENSION OF TIME, TO EXTEND THE APPROVAL OF TENTATIVE TRACT MAP NO. 38049 (CASE TTM 38049) BY TWO YEARS FOR SINGLE-FAMILY RESIDENTIAL LAND SUBDIVISION AT 2700 EAST ALEJO ROAD (APN: 507-380-019 & 507-380-020), ZONE R-1-C, SECTION 12 (CASE EOT-2024-0001).”

April 25, 2024 City Council Regular Meeting Agenda 4

E. A REQUEST BY ZION FREEMAN FOR APPROVAL OF AN ART MURAL TITLED “DESERT SUN AND PALM TREE” LOCATED ON A PORTION OF THE NORTH AND SOUTH ELEVATION OF AN EXISTING HOTEL BUILDING AT 284 SOUTH INDIAN CANYON DRIVE, ZONE LSC, (APN: 508-085-004) (CASE MUR 2024-0001) RECOMMENDATION:

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

OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “DESERT SUN AND PALM TREE” INSTALLED ON THE NORTH AND SOUTH ELEVATION OF AN EXISTING HOTEL, LOCATED AT 284 SOUTH INDIAN CANYON DRIVE (APN: 508-085-004) (CASE MUR 2024-0001).”

F. AWARD UTILITY USERS TAX AUDIT SERVICES AGREEMENT WITH AVENU

INSIGHTS & ANALYTICS
RECOMMENDATION:

Approve Contract Services Agreement No. 24P068 with Avenu Insights & Analytics, to provide Utility Users Tax Audit Services for a five-year term in an amount not to exceed $242,500 beginning April 15, 2024, through April 14, 2029; and

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

G. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2024
RECOMMENDATION:

Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2024.

H. APPROVE THE AMENDED AND RESTATED JOINT POWERS AUTHORITY

AGREEMENT WITH VISIT GREATER PALM SPRINGS
RECOMMENDATION:

Approve the Second Amended JPA Agreement; and1.

Authorize the City Manager and City Attorney to execute any and all documents required for this matter.

2. April 25, 2024 City Council Regular Meeting Agenda 5

I. SECOND READING AND ADOPTION OF ORDINANCE NO. 2096 AMENDING SECTION 16.37.005 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO

THE SIGNAGE REGARDING REGULATORY MEASURES APPLICABLE TO TRANSPORTATION NETWORK COMPANIES.

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 2096 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.37.005 OF THE PALM SPRINGS

MUNICIPAL CODE RELATING TO SIGNAGE REGARDING REGULATORY MEASURES APPLICABLE TO TRANSPORTATION NETWORK COMPANIES.”

J. LEASE AGREEMENT WITH PALM SPRINGS HISTORICAL SOCIETY FOR

VILLAGE GREEN MUSEUM EXHIBIT SPACES
RECOMMENDATION:

Staff recommends the City Council approve the lease between the Palm Springs Historical Society and the City of Palm Springs for the management and programming of four museum exhibit spaces at the Village Green.

K. JOINT MEETING WITH CITY BOARDS, COMMISSIONS, AND COMMITTEES RECOMMENDATION:

Approve a joint meeting and appreciation dinner with the City Council and City Boards, Commissions and Committees at the Convention Center.

April 25, 2024 City Council Regular Meeting Agenda 6

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

2. PUBLIC HEARINGS:

A. AN APPLICATION BY JANE LUNDIN, REPRESENTED BY THE PALM SPRINGS PRESERVATION FOUNDATION, FOR HISTORIC DESIGNATION OF “THE M.H.

ATIKIAN BUILDING” LOCATED AT 120 WEST ARENAS ROAD, CASE HSPB #147 (APN #513-143-006)
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

2. Close the public hearing and adopt Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE M.H. ATIKIAN BUILDING” LOCATED AT 120 WEST AREANS ROAD, AS A CLASS 2 (HISTORIC MERIT) HISTORIC RESOURCE HSPB #147, SUBJECT TO CONDITIONS (APN #513-143-006).”

B. AN APPLICATION BY COUNTRY CLUB ESTATES OF PALM SPRINGS HOMEOWNER’S ASSOCIATION, REPRESENTED BY THE PALM SPRINGS

PRESERVATION FOUNDATION, FOR HISTORIC DISTRICT DESIGNATION OF “COUNTRY CLUB ESTATES” LOCATED AT SOUTH CAMINO REAL AND EAST LA VERNE WAY, CASE HSPB #145 / HD - 9. (APN #511-150-031) RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution entitled, “A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DESIGNATING “THE COUNTRY CLUB ESTATES” LOCATED AT SOUTH

CAMINO REAL AND EAST LA VERNE WAY, AS A HISTORIC DISTRICT HSPB #145 / HD-9, SUBJECT TO CONDITIONS (MASTER APN
#511-150-031).”

April 25, 2024 City Council Regular Meeting Agenda 7

3. BUSINESS & LEGISLATIVE:

A. APPROVAL OF THREE NEIGHBORHOOD TRAFFIC CALMING REQUESTS IN THE AMOUNT OF $40,000 AND AUTHORIZATION TO PURCHASE AND

IMPLEMENT THE TRAFFIC CALMING MEASURES
RECOMMENDATION:

Approve the following traffic calming requests:
a) Sunrise Park Neighborhood: Installation of two electronic speed feedback signs, one on the north side and one on the south side of E Amado Road, between N. Sunrise Way and N. Farrell Dr.;

1. b) Tahquitz River Estates and Warm Sands Neighborhoods: Installation of two stop signs, one on the east side and one on the west side of E.

Sunny Dunes Road at S. Calle Palo Fierro, a new stop legend and stop bars on both sides of Sunny Dunes, and refresh stop legends and stop bars on both sides of Calle Palo Fierro.

2. c) Los Compadres and Sonora Sunrise Neighborhoods: Installation of two LED stop signs, one on the north side and one on the south side of S. Farrell Drive at E. Sonora Rd., a new ladder style crosswalk on all four sides of the intersection, a new stop legend and stop bars on both sides of Farrell, and refresh stop legends and stop bars on both sides of Sonora Rd.; and

3. 1.

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

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY

ENGINEER TO ESTABLISH AN ALL-WAY STOP CONTROLLED

INTERSECTION AT SOUTH FARRELL DRIVE & EAST SONORA ROAD

AND EAST SUNNY DUNES ROAD & SOUTH CALLE PALO FIERRO, IN ACCORDANCE WITH SECTION 12.16.030 OF THE PALM SPRINGS
MUNICIPAL CODE.”

2. 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:

April 25, 2024 City Council Regular Meeting Agenda 8

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

City of Palm Springs )

I, Brenda Pree, 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 April 18, 2024, and posted on the City’s website as required by established policies and procedures.

____________________________
Brenda Pree, MMC, CERA
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.

April 25, 2024 City Council Regular Meeting Agenda 9

City of Palm Springs Page 1

Thursday, March 28, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Bernstein on Thursday, March 28, 2024, at 5:34 p.m.

PLEDGE OF ALLEGIANCE:

Freida Hernandez, student at Raymond Cree Middle School, led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

City Staff

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

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

A. ECONOMIC DEVELOPMENT JPA PRESENTATION

B. PALM SPRINGS CONVENTION CENTER MASTER PLAN

Desert Healthcare District’s Director Les Zendle, Evett Perez Gil, Board President, presented a check from in the amount of $25,000 for the Navigation Center . Visit Greater Palm Springs ’ Scott White , President/CEO, provided an update; and Colleen LesSard spoke on Destination Marketing , Davis Meyer reported on vacation rentals. Convention Center General Manager Rob Hampton and HMC Architects’ Sergio Lechuga provided a presentation on the Palm Springs Convention Center Master Plan.

Mayor Bernstein noted that the following proclamations were presented:
• Peggy Lee, who was honored with the 467th star on the Palm Springs Walk of Stars. • Jo Rosen, Parkinson’s Resource Organization
• White Party Palm Springs, 34th anniversary Commemoration Weekend.

Item 1A - Page 1
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City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR PRO TEM DEHARTE , SECOND BY COUNCILMEMBER MIDDLETON , CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item No s. 1E and 1H for separate discussion (noting a recusal from Mayor Bernstein on Consent Calendar Item No. 1B.)

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of March 28, 2024, was called to order by Mayor Bernstein at 4:01 p.m.

CLOSED SESSION PUBLIC COMMENT: Gloria Thompson, Omar Valdez, Ricky Pellum, Doug Evans, Bobby Gray, Norm King, Larry Holland, Lawanda Roy, Jovita Ayala, Wendall Crawford, Ben Mayfield, Gloria Gonzalez, Charles E Metcalf Jr., Christina Genera Martinez, Margaret Genera, Pearl Devers, Chandra DaSilva, Cheryl Taylor, and David Weiner provided oral testimony.

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

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

Section 14 reparations 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 , Pursuant to Government Code Section 54956.9(d)(4)

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

City Attorney Ballinger reported that the City Council unanimously moved to authorize the City Attorney’s Office to a receivership against that code enforcement property located at 755 E Spencer Drive; there was no further reportable action.

PUBLIC TESTIMONY:

Brad Anderson, Eric Christen, and Dave Everett provided oral testimony.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5 -0 (WITH RECUSAL FROM MAYOR BERNSTEIN ON CONSENT CALENDAR ITEM NO. 1B), to approve the consent calendar with removal of Item Nos. 1E and 1H for separate discussion.

Item 1A - Page 2
City Council Minutes March 28, 2024
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A. APPROV AL OF MINUTES

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the City Council Meeting Minutes of March 14, 2024

B. SECOND READING AND ADOPTION OF ORDINANCE NO. 2095 APPROVING A

DEVELOPMENT AGREEMENT RELATED TO AN APPROVED MIXED -USE DEVELOPMENT INVOLVING 45 RESIDENTIAL CONDOMINIUM UNITS AND

RETAIL ON BLOCK B OF THE DOWTON PALM SPRINGS SPECIFIC PLAN AT THE NEC OF BELARDO ROAD AND MUSEUM WAY; LOCATED AT 200 NORTH BELARDO ROAD, ZONE CBD (CASE DA-2023-0008)

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5 -0 (WITH RECUSAL FROM MAYOR BERNSTEIN) , to w aive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2095, “AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING SECTION 94.08.10 OF THE ZONING CODE AND APPROVING A DEVELOPMENT AGREEMENT WITH DTPS B -3, LLC, A CALIFORNIA LIMITED

LIABILITY COMPANY, RELATED TO THE ENTITLEMENTS FOR A MIXED -USE DEVELOPMENT INVOLVING 45 RESIDENTIAL CONDOMINIUM UNITS AND RETAIL

ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN AT THE NORTHEAST CORNER OF BELARDO RO AD AND MUSEUM WAY; 200 NORTH BELARDO ROAD.”

C. APPROV AL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to adopt Resolution No. 25190 entitled, "A RESOLUTION OF THE

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

PAYMENT OF PAYROLL WARRANTS/DISBURSEMENTS FOR THE PERIOD ENDING 03-02-24 TOTALING $2,440,060.02 AND ACCOUNTS PAYABLE WARRANTS DATED 02-29-24 TOTALING $4,694,176.12, IN THE AGGREGATE AMOUNT OF $7,134,236.14, DRAWN ON BANK OF AMERICA."

D. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF FEBRUARY 1 THROUGH FEBRUARY 29, 2024

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5 -0, to r eceive and file the report of Staff Authorized Agreements and Purchase Orders for the period of February 1 through February 29, 2024

E. APPROV AL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT 23P041, THE COMMUNITY WORKFORCE ADMINISTRATION SERVICES AGREEMENT WITH TSG ENTERPRISES, INC. DBA THE SOLIS GROUP

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

Item 1A - Page 3
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F. AUTHORIZE THE PURCHASE OF 8 NEW VEHICLES

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to:

1. Approve the issuance of a purchase order to Fiesta Ford, Inc., for the purchase of one new Ford F-150 Crew-cab Hybrid 4x4 in an amount not to exceed $61,858.26;

2. Approve the issuance of a purchase order to Palm Springs Motors, Inc., for the purchase of two new Ford F-250 SD XL Utility Body vehicles in an amount not to exceed $128,480.86;

3. Approve the issuance of a purchase order to RCA Investments dba Long Beach BMW Motorcycles for the purchase of 5 new BMW R1250RT -P Motorcycles in an amount not to exceed $227,540.23;

4. After delivery of the new vehicles, declare existing vehicles being replaced as surplus vehicles and authorize the City Manager or designee to sell them at public auction in accordance with Chapter 7.07 of the Palm Springs Municipal Code; and,

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

G. AUTHORIZE THE PURCHASE OF ONE (1) NEW CATERPILLAR, MODEL C7.1 GC, EPA TIER 3 STATIONARY EMERGENCY DIESEL GENERATOR SET, IN AN AMOUNT NOT TO EXCEED $125,824.78

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve the issuance of a purchase order to Quinn Company for the purchase of one new Caterpillar, Model C7.1 GC, EPA Tier 3, Stationary Emergency Diesel Generator set in an amount not to exceed $125,824.78, inclusive of sales tax and a 10% contingency; and authorize the City Manager or designee to execute all necessary documents.

H. RESOLUTION ADOPTING THE RIVERSIDE COUNTY OPERATIONAL AREA

MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

I. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. A9172 WITH AMERICAN FORENSIC NURSES, INC., FOR ON -CALL PHLEBOTOMIST AND FORENSIC

EVIDENCE COLLECTION SERVICES

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5 -0, to a pprove Amendment No. 1 to Agreement No. A9172 with American Forensic Nurses, Inc., to provide on-call phlebotomist and forensic evidence collection services in an additional amount of $150,000 for a total revised contract amount not to exceed $225,000 through June 30, 2026; and a uthorize the City Manager or designee to execute all necessary documents.

J. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P057 WITH SDI PRESENCE

LLC FOR PROJECT MANAGEMENT SERVICES FOR CAD/RMS PROJECT

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to a pprove Contract Services Agreement No. 24P057 with SDI Item 1A - Page 4
City Council Minutes March 28, 2024
City of Palm Springs Page 5
Presence LLC to provide project management services for the Computer Aided Dispatch System / Records Management System upgrade project for a thirty -month term in an amount not to exceed $270,703 beginning April 1, 2024, through September 30, 2026 ; and authorize the City Manager or designee to execute all necessary documents.

K. APPROVE CONTRACT SERVICES AGREEMENT NO. 24P041 WITH SDI

PRESENCE, LLC FOR PREPARATION OF INFORMATION TECHNOLOGY

STRATEGIC PLAN

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to approve Contract Services Agreement No. 24P041 (Attachment A) with SDI Presence, LLC to prepare an Information Technology Strategic Plan for a one-year term in an amount not to exceed $125,120 beginning April 1, 2024 through March 31, 2025; and authorize the City Manager or designee to execute all necessary documents.

EXCLUDED CONSENT CALENDAR:

E. APPROV AL OF AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT 23P041, THE COMMUNITY WORKFORCE ADMINISTRATION SERVICES AGREEMENT WITH TSG ENTERPRISES, INC. DBA THE SOLIS GROUP

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER GARNER, CARRIED 5 -0, to approve Amendment No. 1 to Contract Services Agreement 23P041, a four-year service agreement with TSG Enterprises, Inc. dba The Solis Group, increasing the contract amount by $300,000 to a maximum amount not to exceed $500,000 for administration of the City’s Community Workforce Agreement; and authorize the City Manager or designee to execute the agreement.

H. RESOLUTION ADOPTING THE RIVERSIDE COUNTY OPERATIONAL AREA

MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER MIDDLETON, CARRIED 5-0, to adopt Resolution No. 25191 entitled, "A RESOLUTION OF THE CITY OF

PALM SPRINGS, CALIFORNIA, ADOPTING THE PALM SPRINGS LOCAL HAZARD

MITIGATION PLAN ANNEX TO THE RIVERSIDE COUNTY OPERATIONAL

AREAMULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN AS REQUIRED

BY THE FEDERAL DISASTER MITIGATION PLAN AS REQUIRED BY THE FEDERAL DISASTER MITIGATION AND COST RECOVERY ACT OF 2000.”

2. PUBLIC HEARINGS:

A. PUBLIC HEARING FOR APPROV AL OF THE 2024-2025 ANNUAL ACTION PLAN (AAP) AND TO APPROVE A 2023-2024 SUBSTANTIAL AMENDMENT

MOTION BY MAYOR PRO TEM DEHARTE , SECOND BY COUNCILMEMBER GARNER, CARRIED 5-0, to:

1. Open the Public Hearing for public testimony.

2. Adopt Resolution No. 25192 entitled, “A RESOLUTION OF THE CITY COUNCIL OF Item 1A - Page 5
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City of Palm Springs Page 6
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2024-2025 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN;

APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2024 -2025 IN THE AMOUNT OF $413,000; AUTHORIZING THE

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

THE CITY MANAGER OR DESIGNEE TO EXECUTE THE FUNDING
APPROVAL/AGREEMENT WITH HUD – GRANT # B -24-MC-06-0561 IN THE AMOUNT OF $413,000; AND TO EXECUTE TH E SUBRECIPIENT AGREEMENTS

AND ALL NECESSARY DOCUMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY”.

3. Adopt Resolution No. 25193 entitled, “A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A SUBSTANTIAL AMENDMENT TO THE 2023 -2024 ANNUAL ACTION PLAN TO REALLOCATE COMMUNITY DEVELOPMENT BLOCK GRANT – CORONA VIRUS FUNDS IN THE AMOUNT OF $57,643.59 AND PRIOR YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS IN THE AMOUNT OF $74,039.11 TO FUND THE MAJOR HOME REPAIR PROGRAM; AND TO AUTHORIZE SUBMITTAL OF THE SUBSTANTIAL

AMENDMENT TO THE UNITED STATES DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT, AND AUTHORIZING THE CITY MANAGER OR

DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY.”

B. CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA

GOVERNMENT CODE TO APPROVE A HOTEL OPERATIONS COVENANT

BETWEEN THE CITY OF PALM SPRINGS AND CALIENTE TROPICS, LLC, A

CALIFORNIA LIMITED COMPANY, PURSUANT TO MUNICIPAL CODE CHAPTER

5.26 OF THE CITY’S HOTEL OPERATIONS INCENTIVE PROGRAM

MOTION BY COUNCILMEMBER MIDDLETON , SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:

1. Open the public hearing and receive public testimony.

2. Approve a Hotel Operations Covenant Agreement with Caliente Tropics, LLC for the Caliente Tropics Resort located at 411 E. Palm Canyon Drive, Palm Springs.

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

3. BUSINESS & LEGISLATIVE:

A. REGULATION OF AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS ON

PUBLIC AND PRIV ATE PROPERTY

MOTION BY MAYOR BERNSTEIN , SECOND BY COUNCILMEMBER MIDDLETON , CARRIED 3-2 (WITH COUNCILMEMBERS GARNER AND HOLSTEGE VOTING NO), to:

City staff recommends that the City Council provide direction to City staff, and the City’s Police Department in particular, to develop a program whereby private entities, such as HOAs and recognized Neighborhoods, may pay for the installation, operation, and maintenance of ALPRs on City property, including City rights of way, so long as such private entities share the ALPR data with the City. Such ALPR data would be used by the City in compliance with SB 34, and Item 1A - Page 6
City Council Minutes March 28, 2024
City of Palm Springs Page 7
the City’s ALPR policy , as amended. The program would also include a review by the City Engineering Department, in order to ensure the safe placement of such encroachments in the City’s rights of way.

PUBLIC COMMENT:

Jesse Neimeyer-Romero, Abraham Ishaq , Zachary Daniel Stone, Marcy Hirschberg, provided oral testimony.

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

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmembers Garner and Holstege; and Mayor Bernstein provided comments.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, March 28, 2024, at 8:20 p.m.

Respectfully submitted,

_______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL:

Item 1A - Page 7

City of Palm Springs Page 1

Thursday, April 11, 2024
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was c alled to order by Mayor Bernstein on Thursday, April 11, 2024, at 5:35 p.m.

PLEDGE OF ALLEGIANCE:

Nahyeli Whitacre, student at Raymond Cree Middle School, led the Pledge of Allegiance.

ROLL CALL:

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

Absent: None.

City Staff

PRESENTATIONS, PROCLAMATIONS, AND OTHER NOTICES:

A. COMMENDATION FOR PALM SPRINGS POLICE DEPARTMENT HOMELESS

OUTREACH TEAM

Presentation provided by Chief of Police Mills. Mayor Bernstein noted that the following proclamations were presented:
• Palm Springs Opera Guild, in honor of Opera in the Park Day, April 7, 2024. • Arts, Culture, and Creativity Month (April 2024).
• Greater Palm Springs Pride community service and activism honorees:

1. David Powell, in honor of his outstanding leadership, dedication and service;

2. Vincent “DJ Galaxy” Corrales, in honor of his relentless dedication to volunteering, activism and advocacy; and,

3. Melissa Liberman, in honor of her exceptional dedication, tireless service and extraordinary commitment to Pride and her community.
• Animal Outlook Veg Week, week of April 15, 2024.
• Earth Day, April 22, and Arbor Day, April 26.

Item 1A - Page 8
City Council Minutes April 11, 2024
City of Palm Springs Page 2

ACCEPTANCE OF THE AGENDA:

MOTION BY MAYOR BERNSTEIN, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to accept the agenda with removal of Consent Calendar Item Nos. 1C and 1D for separate discussion.

REPORT OF CLOSED SESSION:

The Closed Session of the City Council of April 11 , 2024 , was called to order by Mayor Bernstein at 12:00 p.m.

CLOSED SESSION PUBLIC COMMENT: Chandra DaSilva, David Christian, Charles E Metcalf Jr., and Doug Evans provided oral testimony.

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

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

One (1) Matter: Section 14 reparations 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 , Pursuant to Government Code Section 54956.9(d)(1)
Ghersi v. City of Palm Springs, U.S. Dist. Ct. Case No. 5:21-CV-01292-JWH (SPx).

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

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

CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION , Pursuant to Government Code Section 54956.9(d)(8)

Property:

City Negotiator:

Negotiating parties:

Under negotiation:
124 S. Palm Canyon Drive. Palm Springs CA 92262
Scott Stiles, City Manager; Teresa Gallavan, Assistant City Manager; and Jeff Ballinger, City Attorney
Grit Development, LLC; Kalura Trattoria, Inc.

Price and Terms
The Mayor reported that the City Council met in Closed Session and had a very thoughtful and robust discussion regarding Section 14. The Council agreed on the following actions:

• The City Council recognizes that City funds were used to clear land that housed individuals and families who were tenants on the property, including minority groups. The Council knows that we as Item 1A - Page 9
City Council Minutes April 11, 2024
City of Palm Springs Page 3
a city need to right that wrong and in Closed Session, the Council collectively agreed on a number of steps to accomplish that goal.
• First and foremost, the City will build more affordable housing by contributing to a Community Land Trust.
• The Council also agreed to focus its collective efforts to explore ways that the City can increase economic opportunities, especially with small businesses in underserved communities. The first step the Council will be taking is asking Staff to review the results of our new small business entrepreneur pilot program with Caravanserai – and potentially expand funding. • In addition, the City of Palm Springs will explore the feasibility of a healing center or historic park dedicated to Section 14. The City Council directed Staff to coordinate with County, State and federal governments for possible funding.
• The Council previously approved hiring a consultant for a historical context study -- and the City Council reaffirmed its commitment and asked Staff to come back within 90 days on the hiring of that consultant and next steps.
• The Council discussed other potential programs that would include the possible renaming of a community park, dedication of an art installation, and/or creating a Day of Remembrance. • My City Council committed to continuing the conversation with the survivors of Section 14 and all residents of Palm Springs as we work together to address the inequities of the past. • The City of Palm Springs recognizes that marginalized and minority communities have been negatively impacted by City actions from the past.
• Finally, the City Council has given direction to the City Attorney with regards to the claims made to the City by the residents of those displaced from Section 14.

There was no further reportable action.

PUBLIC TESTIMONY: None.

1. CONSENT CALENDAR:

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE , CARRIED 5-0, to approve the consent calendar with removal of Item Nos. 1 C and 1D for separate discussion.

A. ACCEPTANCE OF RESIGNATIONS FROM V ARIOUS BOARDS AND

COMMISSIONS

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:

1. Accept the resignation of Melissa Shelton from the Public Arts Commission effective immediately.

2. Accept the resignation of Paige Azarakhsh from the Sustainability Commission effective immediately.

Item 1A - Page 10
City Council Minutes April 11, 2024
City of Palm Springs Page 4
B. RATIFY THE NOMINATION TO THE MOUNT SAN JACINTO WINTER PARK

AUTHORITY

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5 -0, to Reappoint Nancy Stuart and Jerry Ogburn to the Mount San Jacinto Winter Park Authority for terms ending September 30, 2027.

C. APPROV AL OF AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT A6594 WITH CNS ENGINEERS, INC., A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $25,536.55 AND APPROV AL OF

CONSTRUCTION DOCUMENTS AND AUTHORIZATION TO BID THE SOUTH

PALM CANYON DRIVE BRIDGE REPL ACEMENT AT TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12 -02, FEDERAL AID PROJECT NO. BRLS-5282 (042)

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

D. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $80,000 FOR THE BEAUTIFUL SHADE PARKS PROJECT

This item was removed from the Consent Calendar for separate discussion and considered under Excluded Consent Calendar.

E. APPROVE NO CHANGES AND NO APPLICATION OF THE CONSUMER PRICE

INDEX ANNUAL ESCALATION IN THE COMPREHENSIVE FEE SCHEDULE FOR ONE YEAR, FISCAL YEAR 2024-2025 ONLY

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5 -0, to approve no changes and no application of the Consumer Price Index annual escalation in the Comprehensive Fee Schedule for one-year, Fiscal Year 2024-2025 only.

F. APPROVE TASK ORDER NO. 3 TO CAROLLO ENGINEERS, INC. AGREEMENT A8563 IN THE AMOUNT OF $73,907 FOR THE WASTEWATER TREATMENT PLANT (WWTP) ODOR CONTROL IMPROVEMENTS, CITY PROJECT 23-16

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:

1. Approve Task Order No. 3 in the amount of $73,907 with Carollo Engineers, Inc., an ‘on - call’ firm for wastewater services during design.

2. Appropriate $73,907 from the Wastewater Capital Improvement Fund balance.

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

G. APPROV AL OF A REQUEST FOR AN EARLY CONSTRUCTION START TIME BETWEEN APRIL 15, 2024, AND MAY 31, 2024, FOR THE WASTEWATER TREATMENT PLANT SLUDGE DRYING BEDS, CITY PROJECT NO. 21-05

Item 1A - Page 11
City Council Minutes April 11, 2024
City of Palm Springs Page 5

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5 -0, to approve the requested early construction time of 5:00 a.m. for the dates between April 15, 2024 and May 31, 2024, for the WWTP Sludge Drying Beds Project, City Project 21-05, subject to continuous monitoring of noise complaints and impacts to adjacent properties and businesses.

H. INTRODUCE AN ORDINANCE AMENDING SECTION 16.37.005 OF THE PALM

SPRINGS MUNICIPAL CODE RELATING TO THE SIGNAGE REGARDING

REGULATORY MEASURES APPLICABLE TO TRANSPORTATION NETWORK

COMPANIES

MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 2096 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.37.005 OF THE PALM

SPRINGS MUNICIPAL CODE RELATING TO SIGNAGE REGARDING REGULATORY MEASURES APPLICABLE TO TRANSPORTATION NETWORK COMPANIES.”

EXCLUDED CONSENT CALENDAR:

C. APPROV AL OF AMENDMENT NO. 7 TO THE PROFESSIONAL SERVICES AGREEMENT A6594 WITH CNS ENGINEERS, INC., A CALIFORNIA
CORPORATION, IN THE AMOUNT OF $25,536.55 AND APPROV AL OF

CONSTRUCTION DOCUMENTS AND AUTHORIZATION TO BID THE SOUTH

PALM CANYON DRIVE BRIDGE REPL ACEMENT AT TAHQUITZ CREEK CHANNEL, CITY PROJECT NO. 12 -02, FEDERAL AID PROJECT NO. BRLS-5282 (042)

MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY MAYOR PRO TEM DEHARTE, CARRIED 5-0, to:

1. Approve Amendment No. 7 in the amount of $25,536.55 to Professional Services Agreement No. 6594, for a new not-to-exceed amount of $1,332,435.56 with CNS Engineers, the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12 -02, Federal Aid Project No. BRLS-5282(042);

2. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the South Palm Canyon Bridge Replacement at Tahquitz Creek Channel, City Project No. 12-02, Federal Aid Project No. BRLS-5282(042); and,

3. Authorize the City Manager to execute all necessary documents

D. APPROPRIATE FUNDING AND APPROVE EXPENDITURE IN THE AMOUNT OF $80,000 FOR THE BEAUTIFUL SHADE PARKS PROJECT

MOTION BY MAYOR PRO TEM DEHARTE , SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5 -0, to appropriate Public Art Funds (Fund 150) in the amount of $80,000 for the Beautiful Shade Project.

Item 1A - Page 12
City Council Minutes April 11, 2024
City of Palm Springs Page 6

2. PUBLIC HEARINGS:

A. PUBLIC HEARING FOR APPROV AL OF THE 2024-2025 ANNUAL ACTION PLAN (AAP) AND TO APPROVE A 2023 -2024 SUBSTANTIAL AMENDMENT CONDUCT A PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT

CODE TO APPROVE A HOTEL OPERATIONS COVENANT BETWEEN THE CITY

OF PALM SPRINGS AND PS PROPCO, LLC, A CALIFORNIA LIMITED COMPANY, PURSUANT TO MUNICIPAL CODE CHAPTER 5.26 OF THE CITY’S HOTEL

OPERATIONS INCENTIVE PROGRAM

MOTION BY MAYOR BERNSTEIN, SECOND BY COUNCILMEMBER HOLSTEGE, CARRIED 5-0, to:

1. Open the Public Hearing and receive public testimony.

2. Approve a Hotel Operations Covenant Agreement with PS Propco, LLC for the LifeHouse Palm Springs located at 1700 S Palm Canyon Drive, Palm Springs.

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

3. BUSINESS & LEGISLATIVE:

A. REGULATION OF AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS ON

PUBLIC AND PRIV ATE PROPERTY

The item was continued.

PUBLIC COMMENT:

Michael Joseph Pitkin and Abraham Ishaq provided oral testimony.

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

City Manager Stiles and the City Council discussed the tentative upcoming meeting schedule and agenda items. Councilmember Middleton and Mayor Bernstein provided comments.

ADJOURNMENT:

The City Council adjourned the meeting of Thursday, April 11, 2024, at 6:24 p.m.

Respectfully submitted,

_______________________________
Brenda Pree, MMC, CERA
City Clerk

APPROVED BY CITY COUNCIL:

Item 1A - Page 13

CITY COUNCIL STAFF REPORT

DATE: April 25, 2024 CONSENT CALENDAR

SUBJECT: ACCEPTANCE OF A RESIGNATION FROM THE PARKS & RECREATION

COMMISSION AND NOTICE OF AN UNSCHEDULED VACANCY ON THE

PLANNING COMMISSION

FROM: Scott C. Stiles, City Manager

BY: Brenda Pree, City Clerk

RECOMMENDATION:

Accept the resignation of Margaret Keung from the Parks & Recreation Commission effective immediately; and acknowledge that an unscheduled vacancy has occurred on the Planning Commission.

BACKGROUND:

The City Council appointed Mayor Bernstein and Mayor Pro Tem deHarte to an Ad Hoc Subcommittee to screen applications and conduct interviews to fill vacancies on various Boards and Commissions. With this action, there are three (3) vacancies within the Administrative Appeals Board (two of which are alternate vacancies), one (1) vacancy on the Airport Commission, one (1) vacancy on the Human Rights Commission, t hree (3) vacancies on the Parks and Recreation Commission, one (1) vacancy on the Public Arts Commission, one (1) vacancy on the Sustainability Commission, and one (1) vacancy on the Planning Commission due to the untimely passing of Mr. Lyndon T. Calerdine. The annual recruitment is open through April 30, 2024.

Government Code Section 54974
(a) states "whenever an unscheduled vacancy occurs
in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, on either the local agency’s Internet Web site or at the library designated pursuant to Section 54973.”

FISCAL IMPACT:

None.

REVIEWED BY:

Item 1B - Page 1
Department Director: Brenda Pree
City Manager:

ATTACHMENTS:

A. Email Resignation from Margaret Keung

Item 1B - Page 2

ATTACHMENT A

Item 1B - Page 3

Item 1B - Page 4
From :

To:

Cc:

Subjec t :

Date:

Attachments :

Yvonne Wise
Brenda Pree: cassandra Edney
Janet Burns; Rylee Bates
FW: Resignation from Parks & Rec Commission
Tuesday, April 16, 2024 12:21:15 PM
imaqeOOl.onq
imaae002 non
Please see below.

Yvonne Wise
Directo r, Park s & Recreation
City of Palm Springs
401 S. Pavilion Way , Palm Springs, CA 92262
I: 760.323.8277 I email: yvonne.wise @pa lmspring sca.go v The City of Palm Springs is hiring! Apply Here.

From : Ma rgaret Keung <mkeung@bgc ps.org>
Sent: Tuesday, April 16, 2024 9:01 AM
To: Yvonne Wise <Yvonne.W [email protected]>
Cc: Mon ique Valencia no <mvalenciano@bgc ps.org>
Subject: Resignat ion from Parks & Rec Comm ission
NOTICE: This m essage originate d ou tsid e of The Cit y o f Pa lm Springs -- DO NOT CLICK on links or open attachments un less you are su re t he con te nt is saf e.

Yvonne:

It is with deep regret that I send this email as notificat ion of my resignation from the Parks & Recreation Commission. I have greatly enjoyed my time serving as a Comm issioner over the past months , but unfortunate ly cannot dedicate the time needed to continue serving in a Comm issioner capacity at this time. I will reach out in the future when the timing is right for a seat on the Commission.

I wish you and the Parks & Recreation Department much success as you continue the Parks & Recreation master planning process , and improving the City's recreational amenities and offerings for our commu nity.

Sincerely,
Margaret Keung
ARGARn KEUNG I CEO/ EXECUTIVE DIRECTOR
450 South Sunrise Way. Palm S prings CA 92262
760 .835.2 450
OOY$&Gau.5 a.uu m1<eung@bgcps .org
(1.)b-tJ,.-t,;,,, www.bgcps.com
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 03-22-24 TOTALING $2,329,592.37 AND
ACCOUNTS PAYABLE WARRANTS DATED 03- 14-24
TOTALING $4,410,429.65, IN THE AGGREGATE AMOUNT
OF $6,740,022.02, 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
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 25TH DAY OF APRIL, 2024
.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE

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

Page 2 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA 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:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK
Item 1C - Page 2

INTEROFFICE MEMORANDUM
TO: City Council
FROM: Kristopher J. Mooney, Director of Finance and Treasurer DATE:

RE: Payroll Wires and Warrants

FLEX SAVINGS ACCOUNT
PAY DATE 3/22/2024
April 25, 2024
PAYROLL PERIOD ENDING 3/16/2024
Transaction Type Check Numbers Amount
PAYROLL CHECK REGISTER 422617-422626 18,563.82
DEFERRED COMP: ICMA 457 54,363.33
LIABILITY CHECK REGISTER 2015813-2015826 24,956.43
PAYROLL DIRECT DEPOSITS 1,714,805.88
FEDERAL TAXES 327,006.55
STATE TAXES 110,663.48
13,736.26
VENDOR WIRE PYMTS 5,807.53
DEFERRED COMP: NATIONWIDE 31,113.79
ICMA RHS CONTRIBUTION 24,987.50
CA DCCS 3,587.80
TOTAL 2,329,592.37
04 25 24 (2) Payroll Wires and Warrants Memo for PPE 032224 | 04252024 |4/11/2024 | 4:37 PM (AM) 1 | 1 Item 1C - Page 3
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 03/14/2024 10:02
User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2015544 03/14/2024 PRINTED 104532 2990 TAHQUITZ CANYON WAY 2,086.00 2015545 03/14/2024 PRINTED 101208 ABM AVIATION INC 87,964.28 2015546 03/14/2024 PRINTED 100315 ACE PARKING MANAGEMENT IN 13,922.32 2015547 03/14/2024 PRINTED 100024 ACE PRINTING 539.70 2015548 03/14/2024 PRINTED 101263 ACTION PARK ALLIANCE 40,237.50 2015549 03/14/2024 PRINTED 101354 ADVANTEC CONSULTING ENGIN 584.00 2015550 03/14/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 9,568.68 2015551 03/14/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 114,116.67 2015552 03/14/2024 PRINTED 101028 AEG MANAGEMENT PALM SPRIN 200,305.83 2015553 03/14/2024 PRINTED 100403 AETNA 20,847.98 2015554 03/14/2024 PRINTED 101272 AIRWAVE COMMUNICATIONS EN 7,644.05 2015555 03/14/2024 PRINTED 100249 ALBERT A. WEBB ASSOCIATES 7,072.75 2015556 03/14/2024 PRINTED 103273 ALFARO COMMUNICATIONS CON 340,707.56 2015557 03/14/2024 PRINTED 104623 DEMOULIN BROTHERS AND COM 2,870.51 2015558 03/14/2024 PRINTED 101327 US SECURITY ASSOCIATES IN 106,827.13 2015559 03/14/2024 PRINTED 100228 ALLSTAR FIRE EQUIPMENT IN 3,064.95 2015560 03/14/2024 PRINTED 100755 ALTA LANGUAGE SERVICES IN 470.00 2015561 03/14/2024 PRINTED 101245 THE ALTUM GROUP 8,501.50 2015562 03/14/2024 PRINTED 103781 AMAZON.COM SALES INC 2,756.82 2015563 03/14/2024 PRINTED 100383 AMERICAN FORENSIC NURSES 2,491.81 2015564 03/14/2024 PRINTED 104248 AMS.NET INC 332,557.60 2015565 03/14/2024 PRINTED 104496 AQUATECH WATER SYSTEMS IN 413.00 2015566 03/14/2024 PRINTED 100370 AT&T 305.29 2015567 03/14/2024 PRINTED 100365 AT&T MOBILITY LLC 225.00 2015568 03/14/2024 PRINTED 104519 AVIS BUDGET GROUP INC 74,894.27 2015569 03/14/2024 PRINTED 010911 RYAN D BARRIER 987.30 2015570 03/14/2024 PRINTED 101049 MARY BARSALEAU 2,275.00 2015571 03/14/2024 PRINTED 104386 BERG AND ASSOCIATES INC 31,098.24 2015572 03/14/2024 PRINTED 104746 BIJA CHARLES 4,089.75 2015573 03/14/2024 PRINTED 015747 AMY BLAISDELL 138.55 2015574 03/14/2024 PRINTED 100207 BLUE SHIELD OF CALIFORNIA 594,916.34 2015575 03/14/2024 PRINTED 104639 RUTH A BREWER 3,672.00 2015576 03/14/2024 PRINTED 101331 BRUCE BOWER INVESTIGATION 1,125.00 2015577 03/14/2024 PRINTED 100347 CALIFORNIA BUILDING OFFIC 2,750.00 2015578 03/14/2024 PRINTED 101428 CALTEC CORPORATION 252,065.72 2015579 03/14/2024 PRINTED 104731 KARINE CAMARA 65.00 2015580 03/14/2024 PRINTED 104750 CARAVANSERAI PROJECT 38,500.00 2015581 03/14/2024 PRINTED 103604 CAROLLO ENGINEERS INC 18,678.54 2015582 03/14/2024 PRINTED 101837 CASC ENGINEERING AND CONS 8,988.18 2015583 03/14/2024 PRINTED 101477 CASL INTERPRETING 304.48 2015584 03/14/2024 PRINTED 100112 CDW GOVERNMENT INC 3,191.76 2015585 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 3,458.96 2015586 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS HO 1,649.70 2015587 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 209.49 2015588 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 234.99 2015589 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2015590 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 2015591 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 109.99 2015592 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 129.99 2015593 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 19.99 2015594 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 209.97 2015595 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 548.41 Item 1C - Page 4
.. -: ,,,. . • ••• ~. mun1s· ~ a tyler erp solution
City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 03/14/2024 10:02
User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2015596 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 273.71 2015597 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 299.99 2015598 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 199.99 2015599 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 3,435.61 2015600 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 119.98 2015601 03/14/2024 PRINTED 100353 CHARTER COMMUNICATIONS 1,300.00 2015602 03/14/2024 PRINTED 015915 MARK CHAVEZ JR 364.50 2015603 03/14/2024 PRINTED 100558 CINTAS CORPORATION 83.01 2015604 03/14/2024 PRINTED 100029 COACHELLA VALLEY ASSOCIAT 12,758.00 2015605 03/14/2024 PRINTED 101238 CONSERVE LANDCARE LLC 104,208.85 2015606 03/14/2024 PRINTED 101598 CORODATA RECORDS MANAGEME 67.15 2015607 03/14/2024 PRINTED 104065 COTA SECURITY SERVICES IN 3,454.00 2015608 03/14/2024 PRINTED 100205 NANCY K BOHL INC 300.00 2015609 03/14/2024 PRINTED 100196 COUNTY OF RIVERSIDE 1,000.00 2015610 03/14/2024 PRINTED 104597 COACHELLA VALLEY HOUSING 2,214.00 2015611 03/14/2024 PRINTED 104721 CUSTOM CUBES LTD 10,475.42 2015612 03/14/2024 PRINTED 100490 COACHELLA VALLEY CONSERVA 1,608.75 2015613 03/14/2024 PRINTED 100115 DANIELS TIRE SERVICE INC 2,310.15 2015614 03/14/2024 PRINTED 104601 DEANGELO CONTRACTING 6,140.52 2015615 03/14/2024 PRINTED 100265 DELL MARKETING LP 28,326.65 2015616 03/14/2024 PRINTED 101281 DELTA DENTAL INSURANCE CO 1,948.61 2015617 03/14/2024 PRINTED 101282 DELTA DENTAL OF CALIFORNI 21,487.86 2015618 03/14/2024 PRINTED 100067 DEMCO 341.85 2015619 03/14/2024 PRINTED 100195 DEPARTMENT OF JUSTICE-ACC 66.00 2015620 03/14/2024 PRINTED 104732 DENISE DEPPE 195.00 2015621 03/14/2024 PRINTED 103589 DESERT ARC 500.00 2015622 03/14/2024 PRINTED 104524 DESERT BOUTIQUE TMO LLC 5,342.88 2015623 03/14/2024 PRINTED 104692 DESERT HIGHLANDS ASSOCIAT 2,693.00 2015624 03/14/2024 PRINTED 104692 DESERT HIGHLANDS ASSOCIAT 3,810.00 2015625 03/14/2024 PRINTED 104594 DESERTED FILMS 200.00 2015626 03/14/2024 PRINTED 101751 DIAMOND ENVIRONMENTAL SER 8,505.80 2015627 03/14/2024 PRINTED 100254 DOKKEN ENGINEERING 11,648.27 2015628 03/14/2024 PRINTED 100393 GERGIS YOUSEF 585.00 2015629 03/14/2024 PRINTED 100616 DREAM SHAPERS 750.00 2015630 03/14/2024 PRINTED 100984 DTPS C-15 LLC 3,376.53 2015631 03/14/2024 PRINTED 101179 MARIANA DUSPIVA 1,438.50 2015632 03/14/2024 PRINTED 100054 DESERT WATER AGENCY 5,450.56 2015633 03/14/2024 PRINTED 100054 DESERT WATER AGENCY 416.08 2015634 03/14/2024 PRINTED 100054 DESERT WATER AGENCY 69.25 2015635 03/14/2024 PRINTED 100054 DESERT WATER AGENCY 72.02 2015636 03/14/2024 PRINTED 100054 DESERT WATER AGENCY 18,253.09 2015637 03/14/2024 PRINTED 100054 DESERT WATER AGENCY 69.25 2015638 03/14/2024 PRINTED 100054 DESERT WATER AGENCY 115.02 2015639 03/14/2024 PRINTED 101468 EASTERN LION LLC 20,000.00 2015640 03/14/2024 PRINTED 100090 EBSCO 4,657.25 2015641 03/14/2024 PRINTED 101648 ECITY TRANSACTIONS LLC 300.00 2015642 03/14/2024 PRINTED 100305 EISENHOWER MEDICAL CENTER 800.00 2015643 03/14/2024 PRINTED 101536 ELECNOR BELCO ELECTRIC IN 30,095.07 2015644 03/14/2024 PRINTED 103829 EMERGENCY RESILIENCE LLC 3,074.40 2015645 03/14/2024 PRINTED 100274 ENGINEERING RESOURCES OF 20,685.61 2015646 03/14/2024 PRINTED 100601 ERGOMETRICS 1,311.00 2015647 03/14/2024 PRINTED 100217 EWING IRRIGATION PRODUCTS 2,477.10 Item 1C - Page 5
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 03/14/2024 10:02
User: PatrickW
Program ID: apchkrcn

Page 3 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2015648 03/14/2024 PRINTED 100081 FEDERAL EXPRESS CORPORATI 15.53 2015649 03/14/2024 PRINTED 103451 FIESTA FORD INC 330.00 2015650 03/14/2024 PRINTED 104734 FIRST INDUSTRIAL REALTY T 13,013.00 2015651 03/14/2024 PRINTED 102470 FIRST LEGAL NETWORK 550.00 2015652 03/14/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,736.45 2015653 03/14/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 11,113.31 2015654 03/14/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,130.02 2015655 03/14/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 490.71 2015656 03/14/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,499.99 2015657 03/14/2024 PRINTED 100740 FRONTIER COMMUNICATIONS C 1,396.38 2015658 03/14/2024 PRINTED 100905 FULL SPECTRUM 550.00 2015659 03/14/2024 PRINTED 100828 FUSION CLOUD SERVICES LLC 440.16 2015660 03/14/2024 PRINTED 100158 GALLS LLC 1,088.76 2015661 03/14/2024 PRINTED 104751 WILLIAM P GAVIGAN 2,230.00 2015662 03/14/2024 PRINTED 100724 BGF LLC / GAY DESERT GUID 495.00 2015663 03/14/2024 PRINTED 104595 GENESIS FLOOR COVERING IN 145,293.00 2015664 03/14/2024 PRINTED 100536 GLS US A/R 7.04 2015665 03/14/2024 PRINTED 101398 GRIT DEVELOPMENT 7,500.00 2015666 03/14/2024 PRINTED 104747 STACI GUEVARA 1,517.00 2015667 03/14/2024 PRINTED 101672 GULF CALIFORNIA BROADCAST 600.00 2015668 03/14/2024 PRINTED 103998 JANE M GUY 535.50 2015669 03/14/2024 PRINTED 100564 HARRELL COMPANY ADVISORS 3,899.00 2015670 03/14/2024 PRINTED 104383 HD SUPPLY INC 153.68 2015671 03/14/2024 PRINTED 104625 HERITAGE PALM SPRINGS INV 390.99 2015672 03/14/2024 PRINTED 016459 ANDREW HERNANDEZ 305.00 2015673 03/14/2024 PRINTED 104730 JASON HERNANDEZ 65.00 2015674 03/14/2024 PRINTED 100729 HIRE RIGHT LLC 1,312.36 2015675 03/14/2024 PRINTED 104736 JOAN HSUEAN 9,200.00 2015676 03/14/2024 PRINTED 100107 INTERNATIONAL INSTITUTE O 50.00 2015677 03/14/2024 PRINTED 100494 IMAGE360 - PALM DESERT 535.19 2015678 03/14/2024 PRINTED 101421 IMPRESSION DESIGN GROUP 1,012.42 2015679 03/14/2024 PRINTED 100483 INFOSAT 229.44 2015680 03/14/2024 PRINTED 100257 INSIGHT PUBLIC SECTOR INC 49,472.21 2015681 03/14/2024 PRINTED 100119 INTERACTIVE DESIGN CORPOR 4,995.50 2015682 03/14/2024 PRINTED 100199 INTERNATIONAL CODE COUNCI 77.49 2015683 03/14/2024 PRINTED 104575 INVESTMENT CONCEPTS 3,325.00 2015684 03/14/2024 PRINTED 104575 INVESTMENT CONCEPTS 3,368.33 2015685 03/14/2024 PRINTED 101727 IRON MOUNTAIN 567.53 2015686 03/14/2024 PRINTED 104749 DELLA J JOHNSON 13,125.00 2015687 03/14/2024 PRINTED 104740 THE KAIDENCE GROUP 2,912.00 2015688 03/14/2024 PRINTED 101606 KINCAID INDUSTRIES INC 24,317.38 2015689 03/14/2024 PRINTED 101599 TYSEN KNIGHT 3,000.00 2015690 03/14/2024 PRINTED 104712 KOUNKUEY DESIGN INITIATIV 65,452.25 2015691 03/14/2024 PRINTED 104720 DAL ENTERPRISES INC 3,244.00 2015692 03/14/2024 PRINTED 100012 LEAGUE OF CALIFORNIA CITI 100.00 2015693 03/14/2024 PRINTED 100332 LIEBERT CASSIDY WHITMORE 31,204.60 2015694 03/14/2024 PRINTED 104741 PS PROPCO LLC 7,500.00 2015695 03/14/2024 PRINTED 103753 LIFE INSURANCE COMPANY OF 42,178.70 2015696 03/14/2024 PRINTED 103164 LINCOLN AQUATICS 6,369.08 2015697 03/14/2024 PRINTED 101260 THE LLOYD PEST CONTROL 1,368.00 2015698 03/14/2024 PRINTED 103726 LY ENVIRONMENTAL INC 1,100.00 2015699 03/14/2024 PRINTED 100849 MANSFIELD POWER AND GAS L 50,913.27 Item 1C - Page 6
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 03/14/2024 10:02
User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2015700 03/14/2024 PRINTED 016566 MARCIO MATIAS 10.92 2015701 03/14/2024 PRINTED 104666 MATTRESS FIRM INC 3,644.73 2015702 03/14/2024 PRINTED 104365 MEDIWASTE DISPOSAL LLC 25.39 2015703 03/14/2024 PRINTED 104678 MERIDIAN RAPID DEFENSE GR 6,744.00 2015704 03/14/2024 PRINTED 101798 MIDWEST TAPE INC 3,262.00 2015705 03/14/2024 PRINTED 100266 MIRACLE RECREATION EQUIPM 160,115.60 2015706 03/14/2024 PRINTED 100223 MOBILE MINI LLC CA 1,451.58 2015707 03/14/2024 PRINTED 103896 MOHAWK COMMERCIAL INC 17,363.87 2015708 03/14/2024 PRINTED 104617 STERLING ASSETS MANAGEMEN 7,632.00 2015709 03/14/2024 PRINTED 104617 MONARCH PS LP 7,280.00 2015710 03/14/2024 PRINTED 101748 MOTOROLA SOLUTIONS INC 93,224.50 2015711 03/14/2024 PRINTED 101855 MOTOWORX GARAGE 4,996.75 2015712 03/14/2024 PRINTED 104507 17834 BURBANK INVESTMENTS 22,715.00 2015713 03/14/2024 PRINTED 103465 DESERT AREA CORPORATION 411.32 2015714 03/14/2024 PRINTED 104057 DONNA S NEWTON 672.00 2015715 03/14/2024 PRINTED 100417 NI GOVERNMENT SERVICES IN 309.85 2015716 03/14/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 48,038.76 2015717 03/14/2024 PRINTED 103900 ODP BUSINESS SOLUTIONS 8,140.74 2015718 03/14/2024 PRINTED 103889 OLLIN DOCK & DOOR INC 11,681.46 2015719 03/14/2024 PRINTED 104612 OOTTRR INC 24,000.00 2015720 03/14/2024 PRINTED 104630 PACIFIC PALMS APARTMENTS 4,937.00 2015721 03/14/2024 PRINTED 104543 GOLF CLUB LLC 10,435.00 2015722 03/14/2024 PRINTED 100569 PALM SPRINGS CHAMBER OF C 19,480.07 2015723 03/14/2024 PRINTED 104700 PALM SPRINGS INSTRUMENTAL 300.00 2015724 03/14/2024 PRINTED 100087 PALM SPRINGS INTL FILM SO 50,000.00 2015725 03/14/2024 PRINTED 100075 PALM SPRINGS UNIFIED SCHO 175.00 2015726 03/14/2024 PRINTED 104733 PARIS CONSTRUCTION 800.00 2015727 03/14/2024 PRINTED 101434 PLACEWORKS 4,168.45 2015728 03/14/2024 PRINTED 100515 PRO FITNESS REPAIR 900.00 2015729 03/14/2024 PRINTED 101767 PROFORMA SOCAL 173.20 2015730 03/14/2024 PRINTED 100596 PROPER SOLUTIONS INC 13,729.56 2015731 03/14/2024 PRINTED 101894 PROVIDENT LIFE AND ACCIDE 2,996.07 2015732 03/14/2024 PRINTED 100231 PRUDENTIAL OVERALL SUPPLY 1,309.49 2015733 03/14/2024 PRINTED 100476 PS SMOG 50.00 2015734 03/14/2024 PRINTED 100762 QUADIENT INC. 1,066.12 2015735 03/14/2024 PRINTED 101642 QUENCH USA INC 214.14 2015736 03/14/2024 PRINTED 101230 R S AND H CALIFORNIA INC 12,521.50 2015737 03/14/2024 PRINTED 101629 THE RAMSAY GROUP 3,375.00 2015738 03/14/2024 PRINTED 100213 RCLETA 50.00 2015739 03/14/2024 PRINTED 100628 RIVERSIDE COUNTY CLERK 531.00 2015740 03/14/2024 PRINTED 100400 ROBERT HALF 5,769.36 2015741 03/14/2024 PRINTED 015021 ROSA ROMO 708.51 2015742 03/14/2024 PRINTED 104059 SAME DAY EXPRESS LLC 1,000.00 2015743 03/14/2024 PRINTED 101542 SC COMMERCIAL 14,392.42 2015744 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 53.31 2015745 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 91.17 2015746 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 24,183.98 2015747 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 1,543.18 2015748 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 60.85 2015749 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 124.52 2015750 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 565.09 2015751 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 144.23 Item 1C - Page 7
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 03/14/2024 10:02
User: PatrickW
Program ID: apchkrcn

Page 5 ends

FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2015752 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,352.87 2015753 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 79,124.01 2015754 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 49.23 2015755 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 2,814.62 2015756 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 6,425.62 2015757 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 38.34 2015758 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 116.39 2015759 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 29.16 2015760 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 10,994.73 2015761 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 133.33 2015762 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 20.84 2015763 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 82.75 2015764 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 278.11 2015765 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 316.11 2015766 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 750.00 2015767 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 334.04 2015768 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 148.02 2015769 03/14/2024 PRINTED 100021 SOUTHERN CALIFORNIA EDISO 117.82 2015770 03/14/2024 PRINTED 104743 JULIA SEBESTYEN 5,400.00 2015771 03/14/2024 PRINTED 100435 THE SHREDDERS 435.00 2015772 03/14/2024 PRINTED 103508 SOUTHERN CALIFORNIA FLEET 29,534.21 2015773 03/14/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 29.45 2015774 03/14/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 188.31 2015775 03/14/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 56.91 2015776 03/14/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 4,348.81 2015777 03/14/2024 PRINTED 100022 SOUTHERN CALIFORNIA GAS C 14,736.66 2015778 03/14/2024 PRINTED 101677 SOCAL PPE LLC 1,719.11 2015779 03/14/2024 PRINTED 104441 SOUTHSTAR ENGINEERING AND 44,282.50 2015780 03/14/2024 PRINTED 100577 SPARKLETTS - DS SERVICES 70.44 2015781 03/14/2024 PRINTED 016164 ANTONIO SUAREZ-ALVAREZ 282.83 2015782 03/14/2024 PRINTED 104735 GRANT LYLE THOMPSON 6,450.00 2015783 03/14/2024 PRINTED 016419 TYLER TINCHER 300.00 2015784 03/14/2024 PRINTED 104308 WS CHIEF CORNERSTONE INC 1,570.00 2015785 03/14/2024 PRINTED 100708 TOWNIE BAGELS LLC 7,500.00 2015786 03/14/2024 PRINTED 103902 TOWNSEND PUBLIC AFFAIRS I 6,000.00 2015787 03/14/2024 PRINTED 101391 TRANSUNION RISK AND ALTER 500.00 2015788 03/14/2024 PRINTED 102712 TSG ENTERPRISES, INC. 3,350.00 2015789 03/14/2024 PRINTED 101384 TYLER TECHNOLOGIES INC 12,275.00 2015790 03/14/2024 PRINTED 104368 UNIVERSAL GREEN LLC 37,750.00 2015791 03/14/2024 PRINTED 101784 V AND V MANUFACTURING 138.72 2015792 03/14/2024 PRINTED 103893 VALLEY VOICE MEDIA 1,200.00 2015793 03/14/2024 PRINTED 016541 PAOLA GARCIA VARGAS 11.73 2015794 03/14/2024 PRINTED 100129 VCA ANIMAL HOSPITALS INC 329.56 2015795 03/14/2024 PRINTED 100144 VERIZON WIRELESS 2,154.65 2015796 03/14/2024 PRINTED 100144 VERIZON WIRELESS 11,037.33 2015797 03/14/2024 PRINTED 100144 VERIZON WIRELESS 3,324.89 2015798 03/14/2024 PRINTED 100144 VERIZON WIRELESS 39.67 2015799 03/14/2024 PRINTED 100144 VERIZON WIRELESS 18,243.42 2015800 03/14/2024 PRINTED 104052 VFA INC 7,905.00 2015801 03/14/2024 PRINTED 100050 VISION SERVICE PLAN 6,535.54 2015802 03/14/2024 PRINTED 101537 VISUAL EDGE INC DBA IMAGE 1,608.27 2015803 03/14/2024 PRINTED 103646 VIVID STAGING SOLUTIONS 27,898.12 Item 1C - Page 8
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 03/14/2024 10:02
User: PatrickW
Program ID: apchkrcn

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FOR CASH ACCOUNT: 999 10005 FOR: All CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 2015804 03/14/2024 PRINTED 101277 VOHNE LICHE KENNELS INC 150.00 2015805 03/14/2024 PRINTED 015506 JASMINE WAITS 162.01 2015806 03/14/2024 PRINTED 101220 WATERLINE TECHNOLOGIES IN 9,094.24 2015807 03/14/2024 PRINTED 100156 WAXIE SANITARY SUPPLY 3,170.63 2015808 03/14/2024 PRINTED 104402 JURGEN WEISS 3,484.00 2015809 03/14/2024 PRINTED 100222 WEST COAST ARBORISTS INC 186,363.00 2015810 03/14/2024 PRINTED 101680 WEST COAST CODE CONSULTAN 17,134.11 2015811 03/14/2024 PRINTED 101311 XEROX FINANCIAL SERVICES 3,019.93 2015812 03/14/2024 PRINTED 100908 YAMADA SPA MANAGEMENT INC 511.00 269 CHECKS CASH ACCOUNT TOTAL 4,410,429.65 .00 Item 1C - Page 9
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City of Palm Springs, CA

AP CHECK RECONCILIATION REGISTER
Report generated: 03/14/2024 10:02
User: PatrickW
Program ID: apchkrcn

Page 7 ends

UNCLEARED CLEARED
269 CHECKS FINAL TOTAL 4,410,429.65 .00 ** END OF REPORT - Generated by Patrick Wynhoff **
Item 1C - Page 10
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CITY COUNCIL STAFF REPORT

DATE: APRIL 25, 2024 CONSENT CALENDAR

SUBJECT: A REQUEST BY AG LAND INVESTMENTS, LLC, FOR APPROVAL OF A

TWO-YEAR EXTENSION OF TIME APPLICATION FOR A N APPROVED TENTATIVE TRACT MAP, CASE TTM 38049, TO SUBDIVIDE 2.53
ACRES OF UNDEVELOPED LAND TO CREATE EIGHT (8) SINGLE -

FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT
2700 EAST ALEJO ROAD (APN: 507 -380-019 & 507-380-020), ZONE R- 1-C, SECTION 12 (CASE EOT-2024-0001)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the approval of a two -year Extension of Time application for a n approved Tentative Tract Map, Case TTM 38049, to subdivide 2.53 acres of undeveloped land to create eight (8) single-family residential parcels for future development. The City Council originally approved the application on March 24, 2022, and the approval of the tentative tract map was due to expire on March 24, 2024 pursuant to Palm Springs Municipal Code (PSMC) Section 9.63.110(a). An extension of time may be granted so long as an Extension of Time application has been filed prior to the expiration of the tentative tract map. On March 27, 2024, the Planning Commission reviewed the extension application and voted unanimously to recommend approval to the City Council in accordance with PSMC Section 9.63.110(e) , with a minor amendment to a previously imposed condition of approval (PLN 11).

RECOMMENDATION:

1. Adopt Resolution No. _____, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. EOT -2024- 0001, EXTENSION OF TIME, TO EXTEND THE APPROVAL OF TENTATIVE TRACT MAP NO. 38049 (CASE TTM 38049) BY TWO YEARS FOR SINGLE- FAMILY RESIDENTIAL LAND SUBDIVISION AT 2700 EAST ALEJO ROAD (APN:
507-380-019 & 507- 380-020), ZONE R -1-C, SECTION 12 (CASE EOT -2024- 0001).”

Item 1D - Page 1
City Council Staff Report
April 25, 2024 -- Page 2
Extension of Time - Case EOT-2024-0001

BUSINESS PRINCIPAL DISCLOSURE:

The owner of the project site is AG Land Investments, LLC, and the Public Integrity Disclosure Form is attached to this staff report (Attachment C).

BACKGROUND:

The applicant is seeking approval of a two -year Extension of Time application for an approved Tentative Tract Map, Case TTM 38049, to subdivide 2.53 acres of undeveloped land to create eight (8) single-family residential parcels for future development. On March 27, 2024, the Planning Commission reviewed the project and voted unanimously to recommend approval to the City Council with a minor amendment to a previously imposed condition of approval (PLN 11). The March 27, 2024 Planning Commission meeting staff report and adopted resolution are attached to this e-mail (Attachments D & E).

In reviewing the application, t he Planning Commission expressed concern for the potential impact of the growing operation at the Palm Springs International Airport and the activities associated with the UPS facility operation at 650 Commercial Road on the future residential use at the project site. The UPS facility is located at the north end of Commercial Road, and the street functions as the main traffic corridor for the facility.

Additionally, the street has been heavily utilized for commercial vehicle and employee parking by the business. In February 2024, UPS submitted Conditional Use Permit (CUP) and Minor Architectural Review applications to the City for an expansion of the existing facility and on-site parking to better manage on-site operations, which are currently under review. With approval of these applications, the parking issue on Commercial Road is anticipated to be alleviated. To better disclose the physical conditions of the site and its surroundings to future buyers, the Planning Commission decided to amend the previously approved condition of approval PLN 11 by including additional language:

Previously Approved PLN 11:

PLN 11. The applicant shall provide written notice to all buyers of the adjacent land uses and noise impacts in a recordable form to be approved by the City Attorney at the City Attorney’s reasonable discretion. In the event the CC&Rs are not required or proposed for the project, the requirement of the CC&Rs shall be removed from the required conditions or not be required.

Amendment to PLN 11 Approved by the Planning Commission on March 27, 2024 :

The disclosure shall include, but not be limited to, notification of ongoing expansions at the Palm Springs International Airport and other Item 1D - Page 2
City Council Staff Report
April 25, 2024 -- Page 3
Extension of Time - Case EOT-2024-0001

industrial activities adjacent to the site. In the event the CC&Rs are not required or proposed for the project, the requirement of the CC&Rs shall be removed from the required conditions or not be required.

STAFF ANALYSIS:

An Extension of Time application for a tentative tract map is processed in accordance with Palm Springs Municipal Code (PSMC) Section 6.93.110. PSMC Section 9.63.110 does not provide any specific findings or determinations that need to be made for the Planning Commission and City Council to grant an extension of time. However, PSMC Section 9.63.110(b) provides that the applicant is required to state the reasons for requesting the extension and the amount of time requested in the Extension of Time application. In the justification letter (Attachment F), the applicant states that a two-year extension of time is requested because of the unfavorable economic climate which prevented him from finding prospective developers in a timely fashion.

As for Tentative Tract Map No. 38049, an application for Community Facilities District (CFD) annexation has been approved by the City Council on September 29, 2022 (Ordinance No. 2065), and the final tract map has been approved on its technical merit by the Engineering Services plan checker (ERSC, Inc.) on December 21, 2022. The final tract map must be approved by the City Council. Prior to City Council review of the final tract map, the project must meet certain conditions of approval. These conditions include, but are not limited to, the requirement of bonds and a subdivision improvement agreement (ENG 47), an overhead utility covenant (ENG 39), street improvement plans (ENG 2), Tribal clearance and a monitoring agreement (ENV 5/ENG 23), and the submission of Tribal habitat fees (ENV 2/ENG 27). The applicant is not proposing any changes to the approved tentative tract map (Attachment G) as a part of this Extension of Time request.

As noted above, there are no specific findings set for the Planning Commission and City Council to grant an Extension of Time for tentative tract maps. At the March 27, 2024 meeting, the Planning Commission directed staff to consider the establishment of required findings for granting approval of tentative tract map Extension of Time applications as a part of the ongoing code amendment process.

ENVIRONMENTAL ASSESSMENT
:

The review of this Extension of Time application is considered a project under the definitions of the California Environmental Quality Act (CEQA). The City Council adopted a Mitigated Negative Declaration (MND) for the proposed project and associated impacts on March 24, 2022 for Case TTM 38049, Case 5.1521 GPA, Case 5.1521 CZ, and Case

7.1645 AMM. Since there are no changes proposed to the previously approved Tentative Tract Map No. 38049, an amendment to the MND and/or additional environmental studies are not required pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) Article 11 of the CEQA Guidelines.

Item 1D - Page 3
City Council Staff Report
April 25, 2024 -- Page 4
Extension of Time - Case EOT-2024-0001

FISCAL IMPACT:

None.

REVIEWED BY:

Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Vicinity Map
B. Draft Resolution
C. Public Integrity Disclosure Form
D. March 27, 2024 Planning Commission Staff Report (Excludes Exhibits) E. Resolution No. 6956
F. Justification Letter
G. TTM No. 38049
Item 1D - Page 4

ATTACHMENT A
Item 1D - Page 5

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS

Case No. EOT-2024-0001
AG Land Investments, LLC
2700 East Alejo Road
(APN: 507-380-019 & 507-380-020)
Item 1D - Page 6
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ATTACHMENT B
Item 1D - Page 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE NO.

EOT-2024-0001, EXTENSION OF TIME, TO EXTEND THE
APPROVAL OF TENTATIVE TRACT MAP NO. 38049 (CASE
TTM 38049) BY TWO YEARS FOR SINGLE- FAMILY
RESIDENTIAL LAND SUBDIVISION AT 2700 EAST ALEJO
ROAD (APN: 507 -380-019 & 507- 380-020), ZONE R -1-C,
SECTION 12 (CASE EOT-2024-0001).

WHEREAS, Adam Gilbert of AG Land Investments, LLC (“Applicant”) has filed an Extension of Time application, Case EOT -2024-0001, with the City pursuant to Section

9.63.110 of the Municipal Code to extend the approval of Tentative Tract Map No. 38049 (Case TTM 38049) by two (2) years for the subdivision of 2.53 acres of undeveloped land to create eight (8) single -family residential parcels for future development at 2700 East Alejo Road (APN: 507-380-019 & 507-380-020).

WHEREAS, Case TTM 38049 is associated with Case 5.1521 GPA (General Plan Amendment), Case 5.1521 CZ (Change of Zone), and Case 7.1645 AMM (Administrative Minor Modification). Case 5.1521 GPA proposed to amend the site’s General Plan land use designation from ‘Industrial’ (IND) to ‘Very Low Density Residential’ (VLDR), and Case 5.1521 CZ was filed for the change of the site’s ‘Planned Research and Development Park’ (M-1-P) zoning designation to Single-Family Residential (‘R-1-C’). A 10% lot width reduction from the code-required 130 feet to 117 feet for Lot 4 and Lot 8 abutting East Alejo Road was requested via Case 7.1645 AMM.

WHEREAS, On February 23, 2022, the Planning Commission held a public hearing on the applications, Case TTM 38049, Case 5.1521 GPA, Case 5.1521 CZ, and Case 7.1645 AMM, in accordance with applicable law. Subsequently, the Planning Commission voted 5-0- 2 (Ervin & Moruzzi absent) to recommend approval of the applications to the City Council subject to conditions of approval and adopted Resolution No. 6909.

WHEREAS, On March 24, 2022, the City Council held a public hearing on the applications, Case TTM 38049, Case 5.1521 GPA, Case 5.1521 CZ, and Case 7.1645 AMM, in accordance with applicable law. Subsequently, the City Council voted 4- 0 (Holstege recused) to approve the applications and adopt Ordinance No. 2062, Resolution No. 24997, and Resolution No. 24998. Approval of Case TTM 38049 was contingent upon the approval of Case 5.1521 GPA, Case 5.1521 CZ, and Case 7.1645 AMM as conditioned.

WHEREAS, Pursuant to Palm Springs Municipal Code Section 9.63.110(a), the approval of a tentative tract map expires 24 months after it is approved by the City Council. However, the approval of the tentative tract map may be extended up to 24 months subject to review and approval by the Planning Commission and City Council (PSMC Sections 9.63.110.b and e).

Item 1D - Page 8
Resolution No. _____

Page 2 ends

WHEREAS, On March 27, 2024, the Planning Commission reviewed an Extension of Time application, EOT -2024-0001, at its regularly scheduled meeting. Pursuant to Palm Springs Municipal Code Section 9.63.110(b), the applicant of an Extension of Time application must state the reasons for requesting the extension and the amount of time requested. The applicant state d that a two-year extension of time is required because of the unfavorable economic climate which prevented him from finding prospective developers in a timely fashion. The commission agreed with this basis for the request and voted unanimously to approve the application, subject to an amendment to condition of approval, PLN 11, which was adopted under Resolution No. 24998. The amended condition of approval PLN 11 to read as follows:

PLN 11 (AMENDED). The applicant shall provide written notice to all buyers of the adjacent land uses and noise impacts in a recordable form to be approved by the City Attorney at the City Attorney’s reasonable discretion. The disclosure shall include, but not be limited to, notification of ongoing expansions at the Palm Springs International Airport and other industrial activities adjacent to the site. In the event the CC&Rs are not required or proposed for the project, the requirement of the CC&Rs shall be removed from the required conditions or not be required.

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

SECTION 1.

T hat the foregoing Recitals are true and correct and are incorporated herein by this reference.

SECTION 2. That the review of this Extension of Time application is considered a project under the definitions of the California Environmental Quality Act (CEQA). The City Council adopted a Mitigated Negative Declaration (MND) for the proposed project and associated impacts on March 24, 2022 for Case TTM 38049, Case 5.1521 GPA, Case

5.1521 CZ, and Case 7.1645 AMM. Since there are no changes proposed to the previously approved Tentative Tract Map No. 38049, an amendment to the MND and/or additional environmental studies are not required pursuant to Section 15162 (Subsequent EIRs and Negative Declarations) Article 11 of the CEQA Guidelines.

SECTION 3. That the City Council hereby approves Case EOT -2024-0001, Extension of Time, to extend the approval of Case TTM 38049 by two (2) years for the subdivision of 2.53- acre undeveloped land to create eight (8) single- family residential parcels for future development at 2700 East Alejo Road (APN: 507- 380-019 & 507-380- 020), subject to the amended conditions of approval included in Exhibit A.

ADOPTED THIS 25TH DAY OF APRIL, 2024.

Item 1D - Page 9
Resolution No. _____

Page 3 ends

SCOTT STILES, CITY MANAGER
City of Palm Springs, California
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1D - Page 10
Resolution No. _____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 1D - Page 11

ATTACHMENT C
Item 1D - Page 12
Item 1D - Page 13
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM

RECEIVED MAR
11 2024

DEPARTMENT
OF

PLANNING

SERVICES

1. Name
of
Entity
AG

2. 3.

Local
or
California
Address
(if
different
than
#2)

4. State
where
Entity
Is
Registered
with
Secretary
of
State
·

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

6. Officers,
Directors,
Member$,
Managers,
Trustees,
Other
Fid"'ciaries
(please
specify)
Note:

If
any
response
is
not
a
natural
person1
please
identify
all
officers1
directors
1 members
1 managers
and
other
fiduciaries
for
the
member,
manager,
trust
or
other
entity
_.....;.

M____,;...;:'---=-
C\n ___
G=--_
\_l _~_e._V_~----
D
Officer
D
Director
&]
Member
~
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
___________
_
_________________
D
Officer
D
Director
iJ
Member
D
Manager
[name]
D
General
Partner
D
Limited
Partner

Other
___________
_
-----------------
D
Officer
D
Director
D
Member
D
Manager
(Revised
05/16/19)
[name]
D
General
Partner
D
Limited
Partner

Other
____________
_
CITY
OF
PALM

SPRINGS-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 Item 1D - Page 14

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

EXAMPLE JANEDOE
50%,
ABC

COMPANY,
Inc.
[name
of
owner/investor]
[percentage
of
beneficial
Interest
in
entity
and
name
of
entity)
A. 'A,J
(}Jv\
6\
\6e1.\--
~oz
[name
of
owner/Investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
B. V\/\
~~~'j
f own(ffn:Wi
~D
%
[percentage
of
beneficial
interest
in
entity
and
name
of
entity)
C.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
D.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entity]
E.
[name
of
owner/investor]
[percentage
of
beneficial
interest
in
entity
and
name
of
entitvl

I DECLARE
UNDER

PENALTY
OF

PERJURY
UNDER
THE
LAWS
OF
THE
STATE
OF

CALIFORNIA
THAT
THE

FOREGOING
IS
TRUE
AND
CORRECT.

Signature
of
Disclosing
Party,
Printed
Name,
Title
Date

PENALTIES
Falsification
of
information
or
failure
to
report
information
required
to
be
r&Plf!GEI
may
subject
you
to
administrative
action
by
the
City.

D
MAR
11 2024
(Revised
05/16/19)
CITY
OF
PALM

SPRINGS
-
PUBLIC

INTEGRITY

DISCLOSURE

APPLICANT

DISCLOSURE
FORM
Page
1 of
2 ATTACHMENT D
Item 1D - Page 15

PLANNING COMMISSION STAFF REPORT

DATE: March 27, 2024 NEW BUSINESS

SUBJECT: A REQUEST BY AG LAND INVESTMENTS, LLC, FOR APPROVAL OF A

TWO-YEAR EXTENSION OF TIME APPLICATION FOR AN APPROVED
TENTATIVE TRACT MAP, CASE TTM 38049, TO SUBDIVIDE 2.53
ACRES OF UNDEVELOPED LAND TO CREATE EIGHT (8) SINGLE -

FAMILY RESIDENTIAL PARCELS FOR FUTURE DEVELOPMENT AT
2700 EAST ALEJO ROAD (APN: 507 -380-019 & 507-380-020), ZONE R- 1-C, SECTION 12 (CASE EOT-2024-0001). (NK)

FROM: Department of Planning Services

SUMMARY:

9.63.110(a). A n extension of time may be granted so long as an Extension of Time application has been filed prior to the expiration of the tentative tract map.

RECOMMENDATION:

The Planning Commission adopt a resolution and recommend approval of the application, EOT-2024-0001, to the City Council pursuant to P alm Springs Municipal Code Section

9.63.110(e).

BUSINESS PRINCIPAL DISCLOSURE:

The owner of the project site is AG Land Investments, LLC, and the Public Integrity Disclosure Form is attached to this staff report (Attachment 7).

PROJECT DESCRIPTION:

The applicant is seeking approval of a two-year Extension of Time for Case TTM 38049, Item 1D - Page 16
Planning Commission Staff Report
March 27, 2024 – Page 2 of 5
Case EOT-2024-0001

which proposes to subdivide 2.53 acres of undeveloped land located on East Alejo Road between North Juanita Drive and North Commercial Road (Attachment 2) to create eight (8) single-family residential parcels for future development.

Case TTM 38049 is associated with three applications: Case 5.1521 GPA (General Plan Amendment), 5.1521 CZ (Change of Zone), and 7.1645 AMM (Administrative Minor Modification). The details of these applications are as follows:

• C ase 5.1521 GPA (General Plan Amendment) :

Amendment of the project site’s General Plan land use designation from IND (Industrial) to VLDR (Very Low Density Residential).

• C ase 5.1521 CZ (Change of Zone):

Amendment of the project site’s zoning designation from M -1-P (Planned Research and Development Park) to R-1-C (Single-Family Residential).

• C ase 7.1645 AMM (Administrative Minor Modification):

A 1 0% lot width reduction from the code- required 130 feet to 117 feet for two parcels (Lots 4 and 8) that abut East Alejo Road, which is a secondary throughfare.

At its meeting on February 23 , 2022, the Planning Commission recommended approval of all applications mentioned above, including Case TTM 38049, to the City Council subject to conditions of approval. The four applications were later approved by the City Council on March 24, 2022. The approval of Case TTM 38049 was contingent upon the approval of Case 5.1521 GPA, Case 5.1521 CZ, and Case 7.1645 AMM.

An Extension of Time is not required for Case 5.1521 GPA, Case 5.1521 CZ, and Case

7.1645 AMM, and the applicant is seeking Extension of Time approval for Case TTM 38049 only. Pursuant to Palm Springs Municipal Code Section 9.63.110, Tentative Tract Map No. 38049 is due to expire on March 24, 2024. The 2022 Planning Commission and City Council reviews were limited to the applications specified above, and no application has been filed for the above-ground development of the project site as of today.

BACKGROUND INFORMATION:

Related Relevant City Actions
02/23/2022
The Planning Commission recommended approval of the applications, Case TTM 38049, Case 5.1521 GPA, 5.1521 CZ, and 7.1645 AMM, to the City Council subject to conditions of approval (Resolution No. 6909).
03/24/2022
The City Council approved Case TTM 38049, Case 5.1521 GPA,

5.1521 CZ, and 7.1645 AMM subject to conditions of approval (Ordinance No. 2062, Resolutions No. 24997 & 24998).
09/21/2022 The City Council approved the annexation of Tract Map No. 38049 into Community Facility District (CFD) No. 2005-1 (Ordinance No. 2065).

Item 1D - Page 17
Planning Commission Staff Report
March 27, 2024 – Page 3 of 5
Case EOT-2024-0001

Most Recent Change of Ownership
09/03/2021 AG Land Investments, LLC

Neighborhood Notice
03/20/2024 Electronic notice of the subject application was provided to the Neighborhood Organizations within one (1) mile of the project site.

Field Check
03/11/2024 Staff conducted a site visit to confirm the site conditions.

Site Area
Net Acres 2.53 Acres

Surrounding
Property
Existing Land Use
Per Chapter 92
Existing General
Plan Designation
Existing Zoning
Designation
Subject Property Vacant VLDR (Very Low
Density Residential)
R-1-C (Single-
Family Residential)
North Business Park IND (Industrial)
M-1-P (Planned
Research and
Development Park)
South City Yard P/QP (Public/Quasi
Public) A (Airport)
East Professional/Medical
Office IND PD 158
West Single-Family
Residential VLDR R-1-C

ANALYSIS:

The applicant is requesting a two-year Extension of Time for Case TTM 38049, which proposes to subdivide 2.53-acre undeveloped land to create eight (8) single- family residential parcels for future development. Pursuant to Palm Springs Municipal Code (PSMC) Section 9.63.110(a), the tentative tract map expires 24 months from the date the map is approved by the City Council. However, the approval of the tentative tract map may be extended up to 24 months in accordance with Palm Springs Municipal Code (PSMC) Sections 9.63.110(b) and (c), as long as an Extension of Time application is filed prior to the date of expiration (March 24, 2024).

PSMC Section 9.63.110 does not provide any specific findings or determinations that need to be made for the Planning Commission to grant an extension of time. However, PSMC Section 9.63.110(b) provides that the applicant is required to state the reasons for Item 1D - Page 18
I
I
I
Planning Commission Staff Report
March 27, 2024 – Page 4 of 5
Case EOT-2024-0001

requesting the extension and the amount of time requested in the Extension of Time application. In the justification letter (Attachment 8), the applicant states that a two-year extension of time is requested because of the unfavorable economic climat e which prevented him from finding prospective developers in a timely fashion.

As for Tentative Tract Map No. 38049, an application for Community Facilities Distric t (CFD) annexation has been approved by the City Council on September 29, 2022 (Ordinance No. 2065), and the final tract map has been approved on its technical merit by the Engineering Services plan checker (ERSC, Inc.) on December 21, 2022. The final tract map must be approved by the City Council. Prior to City Council review of the final tract map, the project must meet certain conditions of approval. These conditions include, but are not limited to, the requirement of bonds and a subdivision improvement agreement (ENG 47), an overhead utility covenant (ENG 39), street improvement plans (ENG 2), Tribal clearance and a monitoring agreement ( ENV 5/ENG 23), and the submission of Tribal habitat fees (ENV 2/ENG 27). The applicant is not proposing any changes to the approved tentative tract map (Attachment 10) as a part of this Extension of Time request.

ENVIRONMENTAL ANALYSIS:

CONCLUSION:

As noted earlier in this staff report, Palm Springs Municipal Code Section 9.63.110 does not provide any specific findings or determinations that need to be made for the Planning Commission to grant an extension of time. As required in PSMC Section 9.63.110(b), the applicant states in the justification letter that a two- year extension of time is requested because of the unfavorable economic climate which prevented him from finding prospective developers in a timely fashion. The applicant is not proposing any changes to the approved Tentative Tract Map No. 38049, and all Planning applications that are associated with the project have been approved. Therefore, staff recommends that the Planning Commission recommend approval of the Extension of Time application, Case EOT-2024-0001, to the City Council as prescribed in PSMC Section 9.63.110(e).

PREPARED BY: Noriko Kikuchi, AICP, Associate Planner
REVIEWED BY: David Newell, AICP, Assistant Director of Planning Services REVIEWED BY: Christopher Hadwin, Director of Planning Services

Item 1D - Page 19
Planning Commission Staff Report
March 27, 2024 – Page 5 of 5
Case EOT-2024-0001

ATTACHMENTS:

1. Vicinity Map

2. Aerial Map

3. Draft Resolution – Extension of Time

4. February 23, 2022 Planning Commission Staff Report (excluding Attachments)

5. Except of Minutes from the February 23, 2022 Planning Commission Meeting

6. Resolutions, Ordinance, and Conditions of Approval
i. City Council (Resolution No. 24997 – Case 5.1521 GPA) ii. City Council (Resolution No. 24998 – Case TTM 38049 & 7.1645 AMM) iii. City Council (Ordinance No. 2062 – Case 5.1521 CZ)

7. Public Integrity Disclosure Form

8. Justification Letter

9. Site Photographs

10. Tentative Tract Map No. 38049 (Approved by Planning Commission and City Council)

Item 1D - Page 20

ATTACHMENT E
Item 1D - Page 21
Item 1D - Page 22

RESOLUTION
NO.
6956
A

RESOLUTION
OF
THE

PLANNING

COMMISSION
OF
THE
CITY
OF
PALM

SPRINGS,

CALIFORNIA,

APPROVING
CASE
NO.

EOT-2024-0001,

EXTENSION
OF
TIME,
TO
EXTEND
THE

APPROVAL
OF

TENTATIVE
TRACT
MAP
NO.
38049
(CASE
TIM
38049)
BY
TWO
YEARS
FOR

SINGLE-FAMILY

RESIDENTIAL
LAND

SUBDIVISON
AT
2700
EAST
ALEJO
ROAD
(APN:
507-
380-019
&
507-380-020),
ZONE
R-1-C,

SECTION
12 (CASE
EOT-2024-0001).

THE

PLANNING

COMMISSION
FINDS
AND

DETERMINES
AS
FOLLOWS:

A
Adam
Gilbert
of
AG
Land
Investments,
LLC
("Applicant")
has
filed
an
Extension
of
Time
application,
Case
EOT-2024-0001,
with
the
City
pursuant
to
Section

9.63.110
of
the
Municipal
Code
to
extend
the
approval
of
Tentative
Tract
Map
No.
38049
(Case
TIM
38049)
by
two
(2)
years
for
the
subdivision
of

2.53 acres
of
undeveloped
land
to
create
eight
(8)
single-family
residential
parcels
for
future
development
at
2700
East
Alejo
Road
(APN:
507-380-019
&
507-380-020).

Case
TIM
38049
is
associated
with
Case

5.1521
GPA
(General
Plan
Amendment),
Case

5.1521
CZ
(Change
of
Zone),
and
Case

7.1645
AMM
(Administrative
Minor
Modification).

Case

5.1521
GPA
proposed
to
amend
the
site's
General
Plan
land
use
designation
from
'Industrial'
(IND)
to
'Very
Low
Density
Residential'
(VLDR),
and
Case

5.1521
CZ
was
filed
for
the
change
of
the
site's
'Planned
Research
and
Development
Park'
(M-1-P)
zoning
designation
to
Single-Family
Residential
('R-1-C').

A
10%
lot
width
reduction
from
the
code-required
130
feet
to
117
feet
for
Lot
4 and
Lot
8 abutting
East
Alejo
Road
was
requested
via
Case

7.1645
AMM.

On
February
23,
2022,
the
Planning
Commission
held
a
public
hearing
on
the
applications,
Case
TIM
38049,
Case

5.1521
GPA,
Case

5.1521
CZ,
and
Case

7.1645
AMM,
in
accordance
with
applicable
law.

Subsequently, the
Planning
Commission
voted
5-0-2
(Ervin
&
Moruzzi
absent)
to
recommend
approval
of
the
applications
to
the
City
Council
subject
to
conditions
of
approval
and
adopted
Resolution
No.
6909.

On
March
24,
2022,
the
City
Council
held
a
public
hearing
on
the
applications,
Case
TIM
38049,
Case

5.1521
GPA,
Case

5.1521
CZ,
and
Case

7.1645
AMM,
in
accordance
with
applicable
· law.

Subsequently,
the
City
Council
voted
4-0
(Holstege
recused)
to
approve
the
applications
and
adopt
Ordinance
No.
2062,
Resolution
No.
24997,
and
Resolution
No.
24998.

Approval
of
Case
TIM
38049
was
contingent
upon
the
approval
of
Case

5.1521
GPA,
Case

5.1521
CZ,
and
Case

7.1645
AMM
as
conditioned. E.

Pursuant
to
Palm
Springs
Municipal
Code
Section

9.63.11 0(a),
the
approval
of
a
tentative
tract
map
expires
24 months
after
it is
approved
by
the
City
Council.

However,
the
approval
of
the
tentative
tract
map
may
be
extended
up
to
24 months
subject
to
review
Item 1D - Page 23
Planning
Commission
Resolution
No.
6956
Case
EOT-2024-0001
-
2700
East
Alejo
Road
March
27,
2024
Page
2 of
3 and
approval
by
the
Planning
Commission
and
City
Council
(PSMC
Sections

9.63.11 0.b
and
e).

Pursuant
to
Palm
Springs
Municipal
Code
Section

9.63.110(b),
the
applicant
of
an
Extension
of
Time
application
must
state
the
reasons
for
requesting
the
extension
and
the
amount
of
time
requested.

The
applicant
states
that
a
two-year
extension
of
time
is
required
because
of
the
unfavorable
economic
climate
which
prevented
him
from
finding
prospective
developers
in
a timely
fashion.

The
commission
hereby
agrees
with
this
basis
for
the
request.

The
review
of
the
Extension
of
Time
application,
Case
TTM
38049,
is
considered
a
project
under
the
definitions
of
the
California
Environmental
Quality
Act
(CEQA).

The
City
Council
adopted
a
Mitigated
Negative
Declaration
(MND)
for
the
proposed
project
and
associated
impacts
on
March
24,
2022
(Resolution
No.
24997).

Since
no
changes
are
proposed
to
the
previously
approved
Tentative Tract
Map
No.
38049,
an
amendment
to
the
adopted
MND
and/or
additional
environmental
studies
are
not
required
pursuant
to
Section
15162
(Subsequent
EIRs
and
Negative
Declarations)
Article
11 of
the
CEQA
Guidelines. H.

The
Planning
Commission
has
carefully
reviewed
and
considered
all
of
the
evidence
presented
in
connection
with
the
hearing
on
the
project,
including,
but
not
limited
to,
the
staff
report,
and
all
written
and
oral
testimony
presented.

NOW,

THEREFORE,
THE

PLANNING

COMMISSION
OF
THE
CITY
OF
PALM

SPRINGS
DOES
HEREBY

RESOLVE
AS
FOLLOWS:

SECTION

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

SECTION

2. That
the
review
of
this
Extension
of
Time
application
is
considered
a
project
under
the
definitions
of
the
California
Environmental
Quality
Act
(CEQA).

The City
Council
adopted
a
Mitigated
Negative
Declaration
(MND)
for
the
proposed
project
and
associated
impacts
on
March
24,
2022
for
Case
TTM
38049,
Case

5.1521
GPA,
Case

5.1521
CZ,
and
Case

7.1645
AMM.

Since
there
are
no
changes
proposed
to
the
previously
approved
Tentative
Tract
Map
No.
38049,
an
amendment
to
the
MND
and/or
additional
environmental
studies
are
not
required
pursuant
to
Section
15162
(Subsequent
El
Rs
and
Negative
Declarations)
Article
11 of
the
CEQA
Guidelines.

SECTION

3. That
the
Planning
Commission
hereby
approves
Case
EOT-2024-
0001,
Extension
of
Time,
to
extend
the
approval
of
Case
TTM
38049
by
two
(2)
years
for
the
subdivision
of

2.53-acre
undeveloped
land
to
create
eight
(8)
single-family
residential
parcels
for
future
development
at
2700
East
Alejo
Road
(APN:
507-380-019
&
507-380-
020),
subject
to
the
conditions
of
City
Council
Resolution
No.
24998.

Item 1D - Page 24
Planning
Commission
Resolution
No.
6956
Case
EOT-2024-0001
-2700
East
Alejo
Road

ADOPTED
this
27 th
day
of
March,
2024.

March
27,
2024
Page
3 of
3 AYES:

BAKER,

MILLER,

MURPHY,

ROTMAN,

AYLAIAN,

WEREMIUK,

CALERDINE
NOES: ABSENT: ABSTAIN: ATTEST:

CITY
OF
PALM

SPRINGS,

CALIFORNIA
C';blil Christopher
Hadwin
Director
of
Planning
Services
Item 1D - Page 25

RESOLUTION
NO.
6956

EXHIBIT
A
Case
EOT-2024-0001
AG
Land
Investments,
LLC
2700
East
Alejo
Road
March
27,
2024

CONDITIONS
OF

APPROVAL
Before
final
acceptance
of
the
project,
all
conditions
listed
below
shall
be
completed
to
the
satisfaction
of
the
City
Engineer,
Development
Services
Director,
Building
Official,
the
Chief
of
Police,
the
Fire
Chief
or
their
designee,
depending
on
which
department
recommended
the
condition.

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

ADMINISTRATIVE

CONDITIONS
ADM

1. Project
Description.

This
approval
is
for
the
project
described
per
Case

5.1521
GPA/CZ
and
Case
38049
TIM;
except
as
modified
with
the
approved
Mitigation
Monitoring
Program
and
the
conditions
below;
ADM

2. Conform
to
all
Codes
and
Regulations.

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

ADM

3. Indemnification.

The
owner
shall
defend,
indemnify,
and
hold
harmless
the
City
of
Palm
Springs,
its
agents,
officers,
and
employees
from
any
claim,
action,
or
proceeding
against
the
City
of
Palm
Springs
or
its
agents,
officers
or
employees
to
attach,
set
aside,
void
or
annul,
an
approval
of
the
City
of
Palm
Springs,
its
legislative
body,
advisory
agencies,
or
administrative
officers
concerning
Case

5.1521

GPA/CZ,
Case
38049
TIM,
and
Case
7 .1645
AMM.

The
City
of
Palm
Springs
will
promptly
notify
the
applicant
of
any
such
claim,
action,
or
proceeding
against
the
City
of
Palm
Springs
and
the
applicant
will
either
undertake
defense
of
the
matter
and
pay
the
City's
associated
legal
costs
or
will
advance
funds
to
pay
for
defense
of
the
matter
by
the
City
Attorney.

If
the
City
of
Palm
Springs
fails
to
promptly
notify
the
applicant
of
any
such
claim,
action
or
proceeding
or
fails
to
cooperate
fully
in
the
defense,
the
applicant
shall
not,
thereafter,
be
responsible
to
defend,
indemnify,
or
hold
harmless
the
City
of
Palm
Springs.

Notwithstanding
the
foregoing,
the
City
retains
the
right
to
settle
or
abandon
the
matter
without
the
Item 1D - Page 26
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
2 of
19 March
27,
2024
applicant's
consent
but
should
it
do
so,
the
City
shall
waive
the
indemnification
herein,
except,
the
City's
decision
to
settle
or
abandon
a
matter
following
an
adverse
judgment
or
failure
to
appeal,
shall
not
cause
a
waiver
of
the
indemnification
rights
herein.

ADM

4. Maintenance
and
Repair.

The
property
owner(s)
and
successors
and
assignees
in
interest
shall
maintain
and
repair
the
improvements
including
and
without
limitation
all
structures,
sidewalks, parking
areas,
landscape,
irrigation,
lighting,
signs,
walls,
and
fences
between
the
curb
and
property
line,
in
a
first
class
condition,
free
from
waste
and
debris,
and
in
accordance
with
all
applicable
law,
rules,
ordinances
and
regulations
of
all
federal,
state,
and
local
bodies
and
agencies
having
jurisdiction
at
the
property
owner's
sole
expense.

This
condition
shall
be
included
in
the
recorded
covenant
agreement
for
the
property
if required
by
the
City.

ADM

5. Right
to
Appeal.

Decisions
of
an
administrative
officer
or
agency
of
the
City
of
Palm
Springs
may
be
appealed
in
accordance
with
Municipal
Code
Chapter

2.05.00. ADM

6. Public
Art
Fees.

This
project
shall
be
subject
to
Chapters

2.24 and

3.37 of
the
Municipal
Code
regarding
public
art.

The
project
shall
either
provide
public
art
or
payment
of
an
in-lieu
fee.

In
the
case
of
the
in-lieu
fee,
the
fee
shall
be
based
upon
the
total
building
permit
valuation
as
calculated
pursuant
to
the
valuation
table
in
the
Uniform
Building
Code,
the
fee
being
1/2%
for
commercial
projects
or
1/4%
for
residential
projects
with
first
$100,000
of
total
building
permit
valuation
for
individual
single-family
units
exempt.

Should
the
public
art
be
located
on
the
project
site,
said
location
shall
be
reviewed
and
approved
by
the
Director
of
Planning
and
Zoning
and
the
Public
Arts
Commission,
and
the
property
owner
shall
enter
into
a
recorded
agreement
to
maintain
the
art
work
and
protect
the
public
rights
of
access
and
viewing.

ADM

7. Park
Development
Fees.

The
developer
shall
dedicate
land
or
pay
a
fee
in
lieu
of
a
dedication,
at
the
option
of
the
City.

The
in-lieu
fee
shall
be
computed
pursuant
to
Ordinance
No.
1632,
Section
IV,
by
multiplying
the
area
of
park
to
be
dedicated
by
the
fair
market
value
of
the
land
being
developed
plus
the
cost
to
acquire
and
improve
the
property
plus
the
fair
share
contribution,
less
any
credit
given
by
the
City,
as
may
be
reasonably
determined
by
the
City
based
upon
the
formula
contained
in
Ordinance
No.
1632.

In
accordance
with
the
Ordinance,
the
following
areas
or
features
shall
not
be
eligible
for
private
park
credit:
golf
courses,
yards,
court
areas,
setbacks,
development
edges,
slopes
in
hillside
areas
(unless
the
area
includes
a
public
trail)
landscaped
development
entries,
meandering
streams,
land
held
as
open
space
for
wildlife
habitat,
flood
retention
facilities
and
circulation
improvements
such
as
bicycle,
hiking
and
equestrian
trails
(unless
such
systems
are
directly
linked
to
the
City's
community-wide
system
and
shown
on
the
City's
master
plan).

ADM

8. The
final
development
plans
shall
show
eight
(8)
residential
lots.

Item 1D - Page 27
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
3 of
19 March
27,
2024

RIVERSIDE
COUNTY

AIRPORT
LAND
USE

COMMISSION
(ALUC)
CONDITIONS:

ALUC

1. ALUC

2. ALUC

3. Any
new
outdoor
lighting
shall
be
hooded
or
shielded
to
prevent
either
the
spillage
of
lumens
or
reflection
into
the
sky.

Outdoor
lighting
shall
be
downward
facing.

The
following
uses/activities
are
not
included
in
the
proposed
project
and
shall
be
prohibited
at
this
site:
(a)
Any
use
which
would
direct
a
steady
light
or
flashing
light
of
red,
white,
green,
or
amber
colors
associated
with
airport
operations
toward
an
aircraft
engaged
in
an
initial
straight
climb
following
takeoff
or
toward
an
aircraft
engaged
in
a
straight
final
approach
toward
a
landing
at
an
airport,
other
than
an
FAA-approved
navigational
signal
light
or
visual
approach
slope
indicator.
(b)
Any
use
which
would
cause
sunlight
to
be
reflected
towards
an
aircraft
engaged
in
an
initial
straight
climb
following
takeoff or
towards
an
aircraft
engaged
in
a
straight
final
approach
towards
a
landing
at
an
airport.
(c)
Any
use
which
would
generate
smoke
or
water
vapor
or
which
would
attract
large
concentrations
of
birds,
or
which
may
otherwise
affect
safe
air
navigation
within
the
area.
(Such
uses
include
landscaping
utilizing
water
features,
aquaculture,
outdoor
production
of
cereal
grains,
sunflower,
and
row
crops,
composting
operations
, wastewater management
facilities,
artificial
marshes,
trash
transfer
stations
that
are
open
on
one
or
more
sides,
recycling
centers
containing
putrescible
wastes,
construction
and
demolition
debris
facilities,
fly
ash
disposal,
and
incinerators.)
(d)
Any
use
which
would
generate
electrical
interference
that
may
be
detrimental
to
the
operation
of
aircraft
and/or
aircraft
instrumentation.
(e)
Children's
schools,
day
care
centers,
libraries,
hospitals,
nursing
homes,
and
highly
noise-sensitive
outdoor
nonresidential
uses,
and
hazards
to
flight.
(f)
Highly
noise-sensitive
outdoor
nonresidential
uses.
(g)
Any
use
which
results
in
a
hazard
to
flight,
including
physical
(e.g.
tall
objects),
visual,
and
electronic
forms
of
interreference
with
the
safety
of
aircraft
operations.

The
attached
"Notice
of
Airport
in
Vicinity"
shall
be
provided
to
all
prospective
purchasers
and
occupants
of
the
property
and
be
recorded
Item 1D - Page 28
Resolution
No.
6956
Conditions
of
Approval
Page
4 of
19 Case
EOT-2024-0001
March
27,
2024
ALUC4. ALUC

5. ALUC

6. as
a
deed
notice.

In
the
event
that
the
Office
of
the
Riverside
County
Assessor-Clerk-Recorder
declines
to
record
said
notice,
the
text
of
the
notice
shall
be
included
on
the
Environmental
Constraint
Sheet
(ECS)
of
the
final
map,
if an
ECS
is
otherwise
required.

Any
proposed
detention
basins
or
facilities
shall
be
designed
and
maintained
to
provide
for
a
maximum
48-hour
detention
period
following
the
design
storm,
and
remain
totally
dry
between
rainfalls.

Vegetation
in
and around
the
detention
basins
that
would
provide
food
or
cover
for
birds
would
be
incompatible
with
airport
operations
and
shall
not
be
utilized
in
project
landscaping.

Trees
shall
be
spaced
so
as
to
prevent
large
expanses
of
contiguous
canopy,
when
mature.

Landscaping
in
and
around
the
detention
basin(s)
shall
not
include
trees
or
shrubs
that
produce
seeds,
fruits,
or
berries.

Landscaping
in
the
detention
basin,
if
not
rip-rap,
should
be
in
accordance
with
the
guidance
provided
in
ALUC
"LANDSCAPING
NEAR

AIRPORTS
" brochure,
and
the
"AIRPORTS,

WILDLIFE
AND

STORMWATER
MANAGEMENT"
brochure
available
at
RCALUC.ORG
which
list
acceptable
plants
from
Riverside
County
Landscaping
Guide
or
other
alternative
landscaping
as
may
be
recommended
by
a qualified
wildlife
hazard
biologist.

A
notice
sign,
in
a
form
similar
to
that
attached
hereto,
shall
be
permanently
affixed
to
the
stormwater
basin
with
the
following
language: "There
is
an
airport
nearby.

This
stormwater
basin
is
designed
to
hold
stormwater
for
only
48 hours
and
not
attract
birds.

Proper
maintenance
is
necessary
to
avoid
bird
strikes".

The
sign
will
also
include
the
name,
telephone
number
or
other
contact
information
of
the
person
or
entity
responsible
to
monitor
the
stormwater
basin.

The
ALUC
overflight
informational
brochure
shall
be
provided
to
prospective
purchasers
showing
the
locations
of
aircraft
flight
patterns,
the
frequency
of
overflights,
the
typical
altitudes
of
the
aircraft,
and
the
range
of
noise
levels
that
can
be
expected
from
individual
aircraft
overflights,
as
well
as
Compatibility
Factors
exhibit
from
the
Palm
Springs
Airport
Land
Use
Compatibility
Plan.

The
project
does
not
propose
rooftop
solar
panels
at
this
time.

However,
if
the
project
were
to
propose
solar
rooftop
panels
in
the
future,
the
applicant/developer
shall
prepare
a
solar
glare
study
that
analyzes
glare
impacts,
and
this
study
shall
be
reviewed
by
the
Airport
Land
Use
Commission.

Item 1D - Page 29
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
5 of
19 March
27,
2024
CC&R's ADM

1. ADM2.

The
applicant
prior
to
issuance
of
building
permits
shall
submit
a
draft
declaration
of
covenants,
conditions
and
restrictions
("CC&R's")
to
the
Director
of
Planning
and
Zoning
for
approval
in
a
form
to
be
approved
by
the
City
Attorney,
to
be
recorded
prior
to
approval
of
a
final
map.

The
CC&R's
shall
be
enforceable
by
the
City,
shall
not
be
amended
without
City
approval,
shall
require
maintenance
of
all
property
in
a
good
condition
and
in
accordance
with
all
ordinances.

At
the
time
of
filing
of
the
CC&R's,
the
applicant
shall
submit
to
the
City
of
Palm
Springs,
a
deposit
in
the
amount
of
$4,008,
for
the
review
of
the
CC&R's
by
the
City
Attorney.

An
additional
filing
fee
shall
also
be
paid
to
the
City
Planning
Department
for
administrative
review
purposes.

Cultural
Resources
ADM3.

Given
that
portions
of
the
project
area
are
within
an
alluvial
formation,
the
possibility
of
buried
resources
is
increased.

A
Native
American
Monitor
shall
be
present
during
all
ground-disturbing
activities.
a.

Experience
has
shown
that
there
is
always
a
possibility
of
buried
cultural
resources
in
a
project
area.

Given
that,
a
Native
American
Monitor(s)
shall
be
present
during
all
ground
disturbing
activities
including
clearing
and
grubbing,
excavation,
burial
of
utilities,
planting
of
rooted
plants,
etc.

Contact
the
Agua
Caliente
Band
of
Cahuilla
Indian
Cultural
Office
for
additional
information
on
the
use
and
availability
of
Cultural
Resource
Monitors.

Should
buried
cultural
deposits
be
encountered,
the
Monitor
shall
contact
the
Director
of
Planning
and
Zoning
and
after
the
consultation
the
Director
shall
have
the
authority
to
halt
destructive
construction
and
shall
notify
a
Qualified
Archaeologist
to
investigate
and,
if
necessary, the
Qualified
Archaeologist
shall
prepare
a
treatment
plan
for
submission
to
the
State
Historic
Preservation
Officer
and
Agua
Caliente
Cultural
Resource
Coordinator
for
approval.
b.

Two
copies
of
any
cultural
resource
documentation
generated
in
connection
with
this
project,
including
reports
of
investigations,
record
search
results
and
site
records/updates
shall
be
forwarded
to
the
Tribal
Planning,
Building,
and
Engineering
Department
and
one
copy
to
the
City
Planning
and
Zoning
Department
prior
to
final
inspection.

ENVIRONMENTAL

ASSESSMENT

CONDITIONS
ENV

1. If
unavoidable
project
construction
activities
must
begin
during
the
nesting
bird
season
(February
1st
through
August
31st),
a
pre-construction
nesting
bird
survey
shall
be
conducted
no
more
than
14 days
prior
to
initiation
of
Item 1D - Page 30
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
6 of
19 March
27,
2024
ground
disturbance
and
vegetation
removal
activities.

The
nesting
pre
construction
bird
survey
shall
be
conducted
by
a
biologist
familiar
with
identification
of
avian
species
known
to
occur
in
Riverside
County.

The
nesting
bird
survey
shall
be
conducted
on
foot
inside
the
project
boundary,
including
a
300-foot
buffer
for
passerines
(song
birds)
and
500-foot
buffer
for
raptors
in
areas
of
suitable
habitat.

Inaccessible
areas
will
be
surveyed
using
binoculars
to
the
extent
practical.

If
nests
are
found,
an
avoidance
buffer
(dependent
upon
species,
the
proposed
work
activity,
the
existing
disturbances
associated
with
land
uses
outside
of
the
site)
shall
be
determined
and
demarcated
by
the
biologist
with
bright
orange
construction
fencing,
flagging,
construction
lathe,
or
other
means
to
mark
the
boundary.

If
a
raptor
nest
is
observed
in
a
tree
proposed
for
removal,
the
applicant
must
consult
with
CDFW.

All
construction
personnel
be
notified
of
the
existence
of
the
buffer
zone
and
to
avoid
entering
the
buffer
zone
during
nesting
season.

No
ground
disturbing
activities
shall
occur
within
this
buffer
area
until
the
avian
biologist
has
confirmed
the
breeding/nesting
is
completed
and
the
young
have
fledged.

Encroachment
into
the
buffer
shall
occur
only
at
the
discretion
of
the
qualified
biologist.

Focused
surveys
for
burrowing
owl
shall
be
conducted
by
a
qualified
biologist
and
in
accordance
with
California
Department
of
Fish
and
Wildlife
(CDFW)
guidelines
(THCP
Section

4.8.4.2(g))
ENV

2. The
applicant
shall
pay
the
THCP
(Tribal
Habitat
Conservation
Plan)
Valley
Floor
Planning
Area
Fee
as
required
by
the
THCP.

ENV

3. If
buried
cultural
materials
are
discovered
during
the
earth-moving
operations,
all
work
in
that
area
should
be
halted
or
diverted
until
a
qualified
archaeologist
can
evaluate
the
nature
and
significance
of
the
finds
and,
if
necessary,
develop
a
treatment
pan
in
consultation
with
the
City
of
Palm
Springs
and
the
appropriate
Native
American
tribes.

ENV

4. In
the
unexpected
event
human
remains
are
uncovered
during
construction
activities,
all
construction
work
taking
place
within
the
vicinity
of
the
discovered
remains
must
cease
and
the
necessary
steps
to
ensure
the
integrity
of
the
immediate
area
must
be
taken.

The
County
Coroner
must
be
notified
within
24 hours
of
the
discovery
of
human
remains.

If
the
remains
discovered
are
determined
by
the
coroner
to
be
of
Native
American
descent,
the
coroner
shall
contact
the
Native
American
Heritage
Commission
(NAHC)
within
24 hours.

The
NAHC
would
in
turn
contact
the
Most
Likely
Descendant
(MLD)
would
determine
further
action
to
be
taken.

The
MLD
would
have
48 hours
to
access
the
site
and
make
a
recommendation
regarding
disposition
of
the
remains.

ENV

5. Prior
to
issuance
of
a
Grading
Permit,
the
applicant
shall
obtain
written
approval
to
proceed
with
construction
from
the
Los
Coyotes
Band
of
Cahuilla
and
Cupeno
Indians
and
Agua
Caliente
Band
of
Cahuilla
Indians,
Tribal
Historic
Preservation
Officer
or
Tribal
Archaeologist.

The
applicant
shall
contact
the
Tribal
Historic
Preservation
Officer
or
the
Tribal
Archaeologist
at
Item 1D - Page 31
Resolution No. 6956
Conditions of Approval Page 7 of 19
Case EOT-2024-0001 March 27, 2024
(760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordination scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENV 6. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination.

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

ENV 7. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment.

ENV 8. Long Term Soil Stabilization and Dust Control. Those portions of the site that are to be graded, cleared, and grubbed of natural vegetation for the installation of the solar panel structures shall be provided with a long-term soil stabilization program acceptable to the City of Palm Springs to control wind borne dust and particulates. This may be either an overlay of gravel at sizes of 3/4" or larger or other equivalent means as approved by the Dust Control Management Division of the City Public Works Department.

ENV 9. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. Copies of any cultural resource documentation (report and site records) generated in connection with this project shall be submitted to the Agua Caliente Band of Cahuilla Indians.

ENV 10. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities.

Item 1D - Page 32
Resolution No. 6956
Conditions of Approval
Case EOT-2024-0001

Page 8 of 19 ends

March 27, 2024
a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection.

PLANNING DEPARTMENT CONDITIONS
PLN 1. Approval of Case 5.1521 CZ (Change of Zone) shall be contingent upon the approval of Case 5.1521 GPA (General Plan Amendment), Case 38049 TTM (Tentative Tract Map), and Case 7.1645 AMM (Administrative Minor Modification).

PLN 2. Approval of Case 38049 TTM (Tentative Tract Map) shall be contingent upon the approval of Case 5.1521 GPA (General Plan Amendment) and Case

5.1521 CZ (Change of Zone).

PLN 3. Approval of Case 5.1521 GPA/CZ and Case 38049 TTM shall be contingent upon the approval of Case 7.1645 AMM.

PLN 4. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety.

PLN 5. The street address numbering/lettering shall not exceed eight inches in height.

PLN 6. Tentative Tract Maps shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause.

PLN 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning for review and approval prior Item 1D - Page 33
Resolution
No
. 6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
9 of
19 March
27,
2024
to
the
issuance
of
a
building
permit.

Refer
to
Chapter

8.60 of
the
Municipal
Code
for
specific
requirements.

PLN

8. Prior
to
issuance
of
a
grading
permit,
a
Fugitive
Dust
and
Erosion
Control
Plan
shall
be
submitted
and
approved
by
the
Building
Official.

Refer
to
Chapter

8.50 of
the
Municipal
Code
for
specific
requirements.

PLN

9. The
grading
plan
shall
show
the
disposition
of
all
cut
and
fill
materials.

Limits
of
site
disturbance
shall
be
shown
and
all
disturbed
areas
shall
be
fully
restored
or
landscaped.

PLN

10. Prior
to
the
issuance
of
building
permits,
locations
of
all
telephone
and
electrical
boxes
must
be
indicated
on
the
building
plans
and
must
be
completely
screened
and
located
in
the
interior
of
the
building.

Electrical
transformers
must
be
located
toward
the
interior
of
the
project
maintaining
a
sufficient
distance
from
the
frontage(s)
of
the
project.

Said
transformer(s)
must
be
adequately
and
decoratively
screened.

PLN

11. (AMENDED).

The
applicant
shall
provide
written
notice
to
all
buyers
of
the
adjacent
land
uses
and
noise
impacts
in
a
recordable
form
to
be
approved
by
the
City
Attorney
at
the
City
Attorney's
reasonable
discretion.

The
disclosure
shall
include,
but
not
be
limited
to,
notification
of
ongoing
expansions
at
the
Palm
Springs
International
Airport
and
other
industrial
activities
adjacent
to
the
site.

The
disclosure
shall include,
but
shall
not
be
limited
to,
notification
of
the
ongoing
expansion
at
Palm
Springs
International
Airport
and
adjacency
of
industrial
activities.

In
the
event
the
CC&Rs
are
not
required
or
proposed
for
the
project,
the
requirement
of
the
CC&Rs
shall
be
removed
from
the
required
conditions
or
not
be
required.

ENGINEERING

DEPARTMENT

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

STREETS ENG

1. ENG2.

Any
improvements
within
the
public
right-of-way
require
a
City
of
Palm
Springs
Encroachment
Permit.

All
improvements
are
subject
to
inspection
and
a
24 to
48 hour
inspection
notification
is
required.

Submit
street
improvement
plans
prepared
by
a
registered
California
civil
engineer
to
the
Engineering
Services
Department.

The
plan(s)
shall
be
approved
by
the
City
Engineer
prior
to
issuance
of
any
building
permits.

ALEJO
ROAD
Item 1D - Page 34
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
10 of
19 March
27,
2024
ENG3. ENG4. ENG5. ENG6. ENG7. ENG8. ENG9. ENG

10. Construct
a 6
inch
curb
and
gutter,
32 feet
north
of
centerline
along
the
entire frontage,
with
a 25
feet
radius
curb
return
and
spandrel
at
the
northeast
corner
of
the
intersection
of
Alejo
Road
and
Juanita
Road
and
remove
and
replace
the
existing
curb
return
and
spandrel
located
at
the
northwest
corner
of
Alejo
Road
and
Commercial
Road
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
200
and
206.

Remove
and
replace
the
existing
6 feet
wide
cross
gutter
at
the
intersection
of
Alejo
Road
and
Juanita
Road
and
the
intersection
of
Alejo
Road
and
Commercial
Road
with
a
flow
line
parallel
with
and
located
32 feet
north
of
the
centerline
of
Alejo
Raod
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
200
and
206.

Construct
an
8 feet
wide
sidewalk
behind
the
curb
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
210.

Construct
a
Type
A
curb
ramp
meeting
current
California
State
Accessibility
standards
at
the
northeast
corner
of
the
intersection
of
Alejo
Road
and
Juanita
Road
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
212.

Remove
and
replace
the
existing
curb
ramp
at
the
northwest
corner
of
Alejo
Road
and
Commercial
Road
and
construct
a
Type
A
curb
ramp
meeting
current
California
State
Accessibility
standards
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
212.

Construct
pavement
with
a
minimum
pavement
section
of
3 inches
asphalt
concrete
pavement
over
4 inches
crushed
miscellaneous
base
with
a
minimum
subgrade
of
24 inches
at
95%
relative
compaction,
or
equal,
from
edge
of
proposed
gutter
to
clean
sawcut
edge
of
pavement
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
110.
(Additional
pavement
removal
and
replacement
may
be
required
upon
review
of
existing
pavement
cross-sections,
and
to
ensure
grade
breaks
of
the
pavement
cross-section
do
not
occur
within
a
travel
lane.)
If
an
alternative
pavement
section
is
proposed,
the
proposed
pavement
section
shall
be
designed
by
a
California
registered
Geotechnical
Engineer
using
"R"
values
from
the
project
site
and
submitted
to
the
City
Engineer
for
approval.

Remove
and
replace
existing
asphalt
concrete
pavement
where
required,
in
accordance
with
applicable
City
standards.

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

Item 1D - Page 35
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
11 of
19 March
27,
2024

COMMERCIAL
ROAD
ENG

11. ENG

12. ENG

13. ENG

14. Upon
development
of
lots
5 thru
8,
the
developer
shall
construct
a
driveway
approach
with
access
to
Commercial
Road
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
201.

Construct
a 5
feet
wide
sidewalk
behind
the
curb
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
210.

Construct
a
Type
C
curb
ramp
meeting
current
California
State
Accessibility
standards
on
the
south
side
of
the
existing
driveway
approach
for
APN#507-380-018
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
214.

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

JUANTA
ROAD
ENG

15. ENG

16. ENG

17. ENG

18. Construct
a 6
inch
curb
and
gutter,
12 feet
east
of
centerline
along
the
entire
frontage
to
join
existing
improvements
located
at
the
north
property
line
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
200.

Upon
development
of
lots
1 thru
4,
the
developer
shall
construct
a
driveway
approach
with
access
to
Juanita
Road
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
201
Construct
an
8 feet
wide
meandering
sidewalk
behind
the
curb
along
the
entire
frontage
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
210.

Item 1D - Page 36
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
12 of
19 March
27,
2024
ENG

19. ENG

20. Remove
and
replace
existing
asphalt
concrete
pavement
where
required,
in
accordance
with
applicable
City
standards.

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

SANITARY
SEWER
ENG

21. All
sanitary
facilities
shall
be
connected
to
the
public
sewer
system
.

New
laterals
shall
not
be
connected
at
manholes.

GRADING ENG

22. Submit
a
Rough
Grading
Plan
prepared
by
a
California
registered
civil
engineer
to
the
Engineering
Services
Department
for
review
and
approval.

A
Fugitive
Dust
Control
Plan
shall
be
prepared
by
the
applicant
and/or
its
grading
contractor
and
submitted
to
the
Engineering
Services
Department
for
review
and
approval.

The
applicant
and/or
its
grading
contractor
shall
be
required
to
comply
with
Chapter

8.50 of
the
City
of
Palm
Springs
Municipal
Code,
and
shall
be
required
to
utilize
one
or
more
"Coachella
Valley
Best
Available
Control
Measures"
as
identified
in
the
Coachella
Valley
Fugitive
Dust
Control
Handbook
for
each
fugitive
dust
source
such
that
the
applicable
performance
standards
are
met.

The
applicant's
or
its
contractor's
Fugitive
Dust
Control
Plan
shall
be
prepared
by
staff
that
has
completed
the
South
Coast
Air
Quality
Management
District
(AQMD)
Coachella
Valley
Fugitive
Dust
Control
Class.

The
applicant
and/or
its
grading
contractor
shall
provide
the
Engineering
Services
Department
with
current
and
valid
Certificate(s)
of
Completion
from
AQMD
for
staff
that
have
completed
the
required
training.

For
information
on
attending
a
Fugitive
Dust
Control
Class
and
information
on
the
Coachella
Valley
Fugitive
Dust
Control
Handbook
and
related
"PM10"
Dust
Control
issues,
please
contact
AQMD
at
(909)
396-3752,
or
at
http://www.AQMD.gov
. A
Fugitive
Dust
Control
Plan,
in
conformance
with
the
Coachella
Valley
Fugitive
Dust
Control
Handbook,
shall
be
submitted
to
and
approved
by
the
Engineering
Services
Department
prior
to
approval
of
the
Grading
plan.

The
Grading
Plan
shall
be
approved
by
the
City
Engineer
prior
to
issuance
of
grading
permit.

ENG

23. a.

The
first
submittal
of
the
Rough
Grading
Plan
shall
include
the
following
information:
a
copy
of
final
approved
conformed
copy
of
Conditions
of
Approval;
a
copy
of
a
final
approved
conformed
copy
of
the
Site
Plan;
a
copy
of
current
Title
Report;
a
copy
of
Soils
Report.

Prior
to
approval
of
a
Grading
Plan
(or
issuance
of
a
Grading
Permit),
the
applicant
shall
obtain
written
approval
to
proceed
with
construction
from
the Agua
Caliente
Band
of
Cahuilla
Indians,
Tribal
Historic
Preservation
Officer
or
Tribal
Archaeologist
( a
copy
of
the
written
approval
must
be
Item 1D - Page 37
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
13 of
19 March
27,
2024
ENG

24. ENG

25. ENG

26. ENG

27. ENG

28. ENG

29. ENG

30. provided
to
the
City)
.

The
applicant
shall
contact
the
Tribal
Historic
Preservation
Officer
or
the
Tribal
Archaeologist
at
ACBCI
[email protected]
to
determine
their
requirements,
if
any,
associated
with
grading
or
other
construction.

The
applicant
is
advised
to
contact
the
Tribal
Historic
Preservation
Officer
or
Tribal
Archaeologist
as
early
as
possible.

If
required,
it
is
the
responsibility
of
the
applicant
to
coordinate
scheduling
of
Tribal
monitors
during
grading
or
other
construction,
and
to
arrange
payment
of
any
required
fees
associated
with
Tribal
monitoring.

In
accordance
with
an
approved
PM-10
Dust
Control
Plan,
temporary
dust
control
perimeter
fencing
shall
be
installed.

Fencing
shall
have
screening
that
is
tan
in
color;
green
screening
will
not
be
allowed.

Temporary
dust
control
perimeter
fencing
shall
be
installed
after
issuance
of
Grading
Permit,
and
immediately
prior
to
commencement
of
grading
operations.

Temporary
dust
control
perimeter
fence
screening
shall
be
appropriately
maintained,
as
required
by
the
City
Engineer.

Cuts
(vents)
made
into
the
perimeter
fence
screening
shall
not
be
allowed.

Perimeter
fencing
shall
be
adequately
anchored
into
the
ground
to
resist
wind
loading.

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

8.50.022.

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

Prior
to
issuance
of
grading
permit,
the
applicant
shall
provide
verification
to
the
City
that
the
Tribal
Habitat
Conservation
Plan
(THCP)
fee
has
been
paid
to
the
Agua
Caliente
Band
of
Cahuilla
Indians
in
accordance
with
the
THCP. Drainage
swales
shall
be
provided
adjacent
to
all
curbs
and
sidewalks
to
keep
nuisance
water
from
entering
the
public
streets,
roadways,
or
gutters. A
Notice
of
Intent
(NOi)
to
comply
with
the
California
General
Construction
Stormwater
Permit
(Water
Quality
Order
2009-0009-DWQ
as
modified
September
2,
2009)
is
required
for
the
proposed
development
via
the
California
Regional
Water
Quality
Control
Board
online
SMARTS
system.

A
copy
of
the
executed
letter
issuing
a
Waste
Discharge
Identification
(WDID)
number
shall
be
provided
to
the
City
Engineer
prior
to
issuance
of
a
grading
or
building
permit.

This
project
requires
preparation
and
implementation
of
a
stormwater
pollution
prevention
plan
(SWPPP).

As
of
September
4,
2012,
all
SWPPPs
shall
include
a
post-construction
management
plan
(including
Item 1D - Page 38
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
14 of
19 March
27,
2024
ENG

31. ENG

32. ENG

33. ENG

34. DRAINAGE ENG

35. ENG

36. Best
Management
Practices)
in
accordance
with
the
current
Construction
General
Permit.

Where
applicable,
the
approved
final
project-specific
Water
Quality
Management
Plan
shall
be
incorporated
by
reference
or
attached
to
the
SWPPP
as
the
Post-Construction
Management
Plan.

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

In
accordance
with
City
of
Palm
Springs
Municipal
Code,
Section

8.50.022
(h),
the
applicant
shall
post
with
the
City
a
cash
bond
of
two
thousand
dollars
($2,000.00)
per
disturbed
acre
(if
there
is
disturbance
of
5,000
square
feet
or
more)
at
the
time
of
issuance
of
grading
permit
for
mitigation
measures
for
erosion/blowsand
relating
to
this
property
and
development.. A
Geotechnical/Soils
Report
prepared
by
a
California
registered
Geotechnical
Engineer
shall
be
required
for
and
incorporated
as
an
integral
part
of
the
grading
plan
for
the
proposed
development.

A
copy
of
the
Geotechnical/Soils
Report
shall
be
submitted
to
the
Engineering
Services
Department
with
the
first
submittal
of
a grading
plan.

The
applicant
shall
provide
Grading
Certification
for
all
building
(or
structure)
pads
in
conformance
with
the
approved
grading
plan
to
the
Engineering
Services
Department
for
review
and
approval.

In
cooperation
with
the
California
Agricultural
Commissioner
and
the
California
Department
of
Food
and
Agriculture
Red
Imported
Fire
Ant
Project,
applicants
for
grading
permits
involving
a
grading
plan
and
involving
the
export
of
soil
will
be
required
to
present
a
clearance
document
from
a
Department
of
Food
and
Agriculture
representative
in
the
form
of
an
approved
"Notification
of
Intent
To
Move
Soil
From
or
Within
Quarantined
Areas
of
Orange,
Riverside,
and
Los
Angeles
Counties"
(Revised
-RIFA
Form
CA-1)
prior
to
approval
of
the
Grading
Plan
(if
required).

The
California
Department
of
Food
and
Agriculture
office
is
located
at
6819
East
Gage
Avenue,
Commerce,
Ca
90040
(Phone(760)782-3271,(562)505-6415),[email protected]. The applicant
shall
accept
and
convey
all
stormwater
runoff
across
the
property
and
conduct
the
runoff
to
an
approved
drainage
system.

On-site
retention
may
be
allowed
on
that
portion
of
the
property
where
historically,
stormwater
runoff
is
conveyed.

The
incremental
increase
of
stormwater
runoff
due
to
development
of
the
property
shall
be
retained
on-site
to
the
satisfaction
of
the
City
Engineer.

The
project
is
subject
to
flood
control
and
drainage
implementation
fees.

The
acreage
drainage
fee
at
the
present
time
is
$10,311.99
per
acre
in
Item 1D - Page 39
Resolution
No.
6956
Conditions
of
Approval
Page
15 of
19 Case
EOT-2024-0001
March
27,
2024

GENERAL ENG

37. ENG

38. ENG

39. ENG

40. ENG

41. ENG42. ENG

43. ENG

44. accordance
with
Resolution
No.
15189.

Fees
shall
be
paid
prior
to
issuance
of
a
building
permit.

Any
utility
trenches
or
other
excavations
within
existing
asphalt
concrete
pavement
of
off-site
streets
required
by
the
proposed
development
shall
be
backfilled
and
repaired
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
115.

All
proposed
utility
lines
shall
be
installed
underground.

The
record
property
owner
shall
enter
into
a
covenant
agreeing
to
underground
all
of
the
existing
overhead
utilities
required
by
the
Municipal
Code
in
the
future
upon
request
of
the
City
of
Palm
Springs
City
Engineer
at
such
time
as
deemed
necessary.

The
covenant
shall
be
executed
and
notarized
by
the
property
owner
and
submitted
to
the
City
Engineer
prior
to
issuance
of
a
grading
permit.

A
current
title
report
or
a
copy
of
a
current
tax
bill
and
a
copy
of
a
vesting
grant
deed
shall
be
provided
to
verify
current
property
ownership.

A
covenant
preparation
fee
in
effect
at
the
time
that
the
covenant
is
submitted
shall
be
paid
by
the
applicant
prior
to
issuance
of
any
grading
or
building
permits.

All
existing
utilities
shall
be
shown
on
the
improvement
plans
if required
for
the
project.

The
existing
and
proposed
service
laterals
shall
be
shown
from
the
main
line
to
the
property
line.

Upon
approval
of
any
improvement
plan
(if
required)
by
the
City
Engineer,
the
improvement
plan
shall
be
provided
to
the
City
in
digital
format,
consisting
of
a
DWG
(AutoCAD
2015
drawing
file),
DXF
(AutoCAD
ASCII
drawing
exchange
file),
and
PDF
(Adobe
Acrobat

6.0 or
greater)
formats.

Variation
of
the
type
and
format
of
the
digital
data
to
be
submitted
to
the
City
may
be
authorized,
upon
prior
approval
by
the
City
Engineer.

The
original
improvement
plans
prepared
for
the
proposed
development
and
approved
by
the
City
Engineer
(if
required)
shall
be
documented
with
record
drawing
"as-built"
information
and
returned
to
the
Engineering
Services
Department
prior
to
issuance
of
a
final
certificate
of
occupancy.

Any
modifications
or
changes
to
approved
improvement
plans
shall
be
submitted
to
the
City
Engineer
for
approval
prior
to
construction.

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

93.02.00,
D.

All
proposed
trees
within
the
public
right-of-way
and
within
10 feet
of
the
public
sidewalk
and/or
curb
shall
have
City
approved
deep
root
Item 1D - Page 40
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
16 of
19 March
27,
2024
MAP ENG45. ENG46. ENG47. TRAFFIC ENG48. ENG

49. ENG

50. barriers
installed
in
accordance
with
City
of
Palm
Springs
Standard
Drawing
No.
904.

The
developer
shall
apply
for
an
annexation
to
the
City
of
Palm
Springs
Community
Facilities
District
established
for
public
safety
services
and
submit
required
applications,
waivers,
and
consent
forms
to
the
annexation
prior
to
approval
of
a
final
map.

Payment
of
an
annexation
fee
($7,500)
and
shall
be
made
at
the
time
of
the
application.

The
annexation
shall
be
completed
by
action
of
the
city
council
in
a
public
hearing,
prior
to
processing
a
final
map
for
approval.

A
Final
Map
shall
be
prepared
by
a
California
registered
Land
Surveyor
or
qualified
Civil
Engineer
and
submitted
to
the
Engineering
Services
Department
for
review
and
approval.

A
Title
Report
prepared
for
subdivision
guarantee
for
the
subject
property,
the
traverse
closures
for
the
existing
parcel
and
all
lots
created
therefrom,
and
copies
of
record
documents
shall
be
submitted with
the
Final
Map
to
the
Engineering
Services
Department
as
part
of
the
review
of
the
Map.

The
Final
Map
shall
be
approved
by
the
City
Council
prior
to
issuance
of
building
permits.

Acceptance
of
public
improvements
required
of
this
development
shall
be
completed
by
resolution
of
the
City
Council
to
release
the
faithful
performance
bond
and
acceptance
of
replacement
maintenance
bond
to
be
held
for
one
year.

An
inspection
will
be
performed
nine
months
after
said
acceptance
as
part
of
the
notice
of
completion
process,
a
notice
of
completion
will
be
filed
certifying
the
improvements
are
complete. A
minimum
of
48 inches
of
clearance
for
accessibility
shall
be
provided
on
public
sidewalks.

Minimum
clearance
on
public
sidewalks
shall
be
provided
by
either
an
additional
dedication
of
a
sidewalk
easement
if
necessary
and
widening
of
the
sidewalk,
or
by
the
relocation
of
any
obstructions
within
the
public
sidewalk
along
the
frontage
of
the
subject
property. All
damaged,
destroyed,
or
modified
pavement
legends,
traffic
control
devices,
signing,
striping,
and
street
lights,
associated
with
the
proposed
development
shall
be
replaced
as
required
by
the
City
Engineer
prior
to
issuance
of
a Certificate
of
Occupancy.

Submit
traffic
striping
and
signage
plans
for
Alejo
Road
from
Commercial
Road
to
Juanita
Road,
prepared
by
a
California
registered
Item 1D - Page 41
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
17 of
19 March
27,
2024
ENG

51. ENG

52. ENG

53. civil
engineer,
for
review
and
approval
by
the
City
Engineer.

All
required
traffic
striping
and
signage
improvements
shall
be
completed
in
conjunction
with
required
street
improvements,
to
the
satisfaction
of
the
City
Engineer,
and
prior
to
release
of
any
securities
for
the
project.

Install
traffic
striping
and
signage
improvements
to
match
existing
striping
located
on
Alejo
Road
adjacent
to
the
project.

Submit
traffic
striping
and
signage
plans
to
the
City
Engineer
for
review
and
approval. Construction
signing,
lighting
and
barricading
shall
be
provided
during
all
phases
of
construction
as
required
by
City
Standards
or
as
directed
by
the
City
Engineer.

As
a
minimum,
all
construction
signing,
lighting
and
barricading
shall
be
in
accordance
with
Part
6 "Temporary
Traffic
Control"
of
the
California
Manual
on
Uniform
Traffic
Control
Devices
(CAMUTCD),
dated
November
7,
2014,
or
subsequent
editions
in
force
at
the
time
of
construction.

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

FIRE

DEPARTMENT

CONDITIONS
FID

1. FID2. FID

3. FID4.

These
Fire
Department
conditions
may
not
provide
all
requirements.

Owner/developer
is
responsible
for
all
applicable
state
and
locally
adopted
fire
codes.

Detailed
plans
are
still
required
for
review.

Conditions
are
subject
to
final
plan
check
and
review.

Fire
Department
Conditions
were
based
on
the
2019
California
Fire
Code
as
adopted
by
City
of
Palm
Springs,
Palm
Springs
Municipal
Code,
PSFD
Appendix
"T"
Development
Requirements.

This
building
will
require
fire
sprinklers. Conditions
of
Approval
-
"Conditions
of
Approval"
received
from
the
Palm
Springs
Planning
Department
must
be
submitted
with
each
plan
set.

Failure
to
submit
will
result
in
a
delay
of
plan
approval.

Plans
and
Permits
(CFC
105.1):

Permits
and
scaled
drawings
are
required
for
this
project.

Plan
reviews
can
take
up
to
20 working
days.

Submit
a
minimum
of
three
(3)
sets
of
drawings
for
review.

Upon
approval,
the
Fire
Prevention
Bureau
will retain
one
set.

Plans
shall
be
submitted
to:

City
of
Palm
Springs
Building
and
Safety
Department
Item 1D - Page 42
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
Page
18 of
19 March
27,
2024
FID

5. FID

6. FID

7. FID

8. 3200
E.

Tahquitz
Canyon
Way
Palm
Springs,
CA
92262
Counter
Hours:
8:00
AM
-
6:00
PM,
Monday
-
Thursday
A
deposit
for
Plan
Check
and
Inspection
Fees
is
required
at
the
time
of
Plan
Submittal.

These
fees
are
established
by
Resolution
of
the
Palm
Springs
City
Council. Complete
listings
and
manufacturer's
technical
data
sheets
for
all
system
materials
shall
be
included
with
plan
submittals.

All
system
materials
shall
be
UL
listed
or
FM
approved
for
fire
protection
service
and
approved
by
the
Fire
Prevention
Bureau
prior
to
installation.

Plans
shall
include
all
necessary
engineering
features,
including
all
hydraulic
reference
nodes,
pipe
lengths
and
pipe
diameters
as
required
by
the
appropriate
codes
and
standards.

Plans
and
supporting
data,
( calculations
and
manufacturers
technical
data
sheets)
including
fire
flow
data,
shall
be
submitted
with
each
plan
submittal.

Complete
and
accurate
legends
for
all
symbols
and
abbreviations
shall
be
provided
on
the
plans.

Access
During
Construction
(CFC
503):

Access
for
firefighting
equipment
shall
be
provided
to
the
immediate
job
site
at
the
start
of
construction and
maintained
until
all
construction
is
complete.

Fire
apparatus
access
roads
~hall
have
an
unobstructed
width
of
not
less
than
24 feet
and
an
unobstructed
vertical
clearance
of
not
less
than
13'-6".

Fire
Department
access
roads
shall
have
an
all-weather
driving
surface
and
support
a
minimum
weight
of
73,000
lbs.

Required
access
(CFC
504.1
):

Exterior
doors
and
openings
required
by
this
code
or
the
California
Building
Code
shall
be
maintained
readily
accessible
for
emergency
access
by
the
fire
department.

An
approved
access
walkway
leading
from
fire
apparatus
access
roads
to
exterior
openings
shall
be
provided
when
required
by
the
fire
code
official.

Residential
Smoke
Alarms
Required:

Shall
be
interconnected
so
that
operation
of
any
smoke
alarm
or
fire
sprinkler
flow
switch
causes
all
smoke
alarms
within
the
dwelling
&
guest
house
to
sound
and
activate
the
exterior
horn/strobe NFPA
13D
Fire
Sprinklers
Required:

An
automatic
fire
sprinkler
system
is
required.

Only
a
C-16
licensed
fire
sprinkler
contractor
shall
perform
system
design
and
installation.

System
to
be
designed
and
installed
in
accordance
with
NFPA
standard
13D,
2016
Editions,
as
modified
by
local
ordinance.

Item 1D - Page 43
Resolution
No.
6956
Conditions
of
Approval
Case
EOT-2024-0001
END
OF

CONDITIONS
Page
19 of
19 March
27,
2024

ATTACHMENT F
Item 1D - Page 44
Adam Gilbert
74399 Highway 111 Ste D Palm Desert, CA 92260
[email protected]
760-408-8874
2/15/2024

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

Subject: Request for Extension of Time for Entitlements – Property at 2700 Alejo

Dear Commissioners & Staff

I am writing to formally request an extension of time for the entitlements associated with the property located at 2700 Alejo in Palm Springs. The current entitlements are due to expire on March 24, 2024. Due to changes in the market as a result of the rise in interest rates over the last year, we respectfully request an extension of two years to fulfill the requirements outlined in the entitlements.

These changes in the marketplace stifled new development and as a result we could not find ready willing and able developers to move forward on the project. At the present time, and as a result of new optimism in the market we are currently in discussions with a number of parties who are interested in developing this project.

We remain fully committed to the development and improvement of the property in accordance with the city's regulations and guidelines. However, additional time is necessary to ensure that all aspects of the project are completed to the highest standards and in compliance with all applicable laws and regulations.

We assure you that we will diligently work towards meeting the requirements within the extended timeframe and will keep the city informed of our progress throughout the process.

We understand the importance of adhering to deadlines and appreciate your consideration of our request for an extension.

Thank you for your attention to this matter. We look forward to a favorable response to our request.

Sincerely,

AG Land Investments LLC

Adam Gilbert, Managing Member
Item 1D - Page 45
ATT

ACHMENT G
Item 1D - Page 46
Item 1D - Page 47
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LOT 55
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IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

TENYAUVE MAP PROJECT DATA
TENTATIVE TRACT MAP NO. 38049
DOI/BIT DATF: OCTOBER 26, 2020
PRO.ECT DA TA:

AG LAND INVCS11,1£NTS. LLC.

PARCEL 2 & 3 OF PARCEL MAP 13336, P.M.B. 64/39
OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 4 EAST, S.B.M.

APPLICANT:

ADDRESS: 2496 £. SANTA YNEZ WAY
PAL/I SPRINGS, CA. 92264
SANBORN ARCHITECTURE GROUP, Inc. DECEMBER 2021
CONTACT: ADAM GII..BCRT I PHONE: I 17601 408-8874
PARCEL 2

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LAND OIW£R:

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CONTACT: I PHONE:

EXHIBIT PREPAR£R: SANBORN ARCHITCCTURC GROUP, INC.

AfJOKSS: 71-780 SAN JAaNTO DR. sum: E-1
RANCHO II/RAGE. CA. 92270
CONTACT: Al.l£N SANBORN I PHONE: (760) 42.J-0600
SOURCE OF' 7Dl'OCRAPIIY: VAN SURVO'ING
AOORcSS: 87D C. RcScARCH OR. ST'E. 12
PAUi SPRINGS, CA. 92262
DAIF OF' "trPOaW'HY: FEBRUARY. 2020 I PHONE: (760} 25'>-4465 LEGAL DESCRIPTION: PARCEL 2.t:}, PII 1.llJ6, PIIB 64/;J9; PLBLIC UTILITY PlRVEYOHS:

ELECTRIC: SO. CALJFORNIA EDISON 760-202-4291
GAS: SO. CALJFORNIA GAS CO. 760-.124-4691
TCI..EPHONE: FRONTIER 760-778-.J601
TE1..£1//SKJN: SPECTRIJII 760-674-5452
SFNER: DESERT WA 'TER AGENCY 760-::s2.J-4971
WATER: DESERT WA 'TER AGENCY 760-::s2:S-4971
WASTC OESERT VALLEY DISPOSAL 760-:129-50:SO IIANACDIENT:

ASSESSORS PARCEL NO.:
507-.JB0-019 020
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ADDRESS: CORNER OF ALEJO ROAD .t COMMERCIAL ROAD
PAL/I SPRINGS. CA. 92262
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TOTAL NO. OF NUIIBERBJ LOTS -fJ
TOTAL NO. OF LETTERBJ COIi/JON LOTS -0
TOTAL NO. OF LETTERBJ STRfET LOTS -0
THC PROPERTY SHOWN HERCIN CONTAINS. THC CNTIRE CONTIGUOUS OWNERSHIP.

TOTAL CROSS ARE"A -2.5.J ACRES '10,207 S.F.
8 NUMBER LOTS AREA o 2.5.J ACRES
11/NIMU/J LOT SIZE = U.246 S.F.

IIAX/IIUII LOT 51ZE • 15,.181 S.F.

A 1/ERA<:f" LOT 51ZE -T:J. 775 S.F.

LCJI\II\IC-, ,
EXISTING ZONING: 11-1-P
PROPOSED ZONING: R-1-C
'10207 S.F.

PLA/IJ•
EXISTING: INDUSTRIAL
PROPOS£D: \of1iY LOW DENSITY RtSIOCNTIAL
. -· ,_ LANJ Ur°S:

NORTH C0/1/JERC/AL

SOUTH PUBLIC

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IIE"ST RES/0£NTIAL
R.OODZOfE:

CURRENT ZONING:

TH£ PROPERTY IS SHOIW AS BEING IN Fl.000 ZONE -X-
ON FEMA IIAP PANEL 060265C 1559 C. REVISED JANUARY 19. 1982.

LEGEJ.D
FEET & INDICATES EASEJIENT IIAPPEO PER llrlE REPORT
~-,.i0-.-.,s-.,,,f0 ___ 30~--iij6~0 ----'!'(I • :z~~~ ~~ i:::u/JENT AS NOTCD I -~O I 2 j =:= /NO/CATES SEIIER UN£

INCHES IIH /NO/CATES IIANHOLE
ASPH. /NO/CA TES ASPHALT
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( /NO/CA TES CENTERUNE
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AND IS NOT TO BE IJSBJ AS A BOIJNDARY SUR~
.J. NO SEPTIC SEIIEAGE IS JNTENTCD FOR 7HIS SITE
4-SITC NOT SUB.ECT TO OIERFLO"' INIJNOATION, FLOOD HAZARDS - j ,~ JIiii SANBORN ARCHITECTURE •
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CITY COUNCIL STAFF REPORT

DATE: APRIL 25, 2024 CONSENT CALENDAR

SUBJECT: A REQUEST BY ZION FREEMAN FOR APPROVAL OF AN ART MURAL TITLED “DESERT SUN AND PALM TREE” LOCATED ON A PORTION OF

THE NORTH AND SOUTH ELEVATION OF AN EXISTING HOTEL
BUILDING AT 284 SOUTH INDIAN CANYON DRIVE, ZONE LSC, (APN:
508-085-004) (CASE MUR 2024-0001)

FROM: Scott C. Stiles, City Manager

BY: Department of Planning Services

SUMMARY:

This is a request for the City Council to consider the approval of an art mural titled “Desert Sun and Palm Tree” installed on the north and south elevation of an existing hotel, Drift Palm Springs, located at 284 South Indian Canyon Drive in accordance with Palm Springs Municipal Code Chapter 5.81.

RECOMMENDATION:

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

CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ART MURAL TITLED “DESERT SUN AND PALM TREE” INSTALLED ON THE NORTH AND SOUTH ELEVATION OF AN EXISTING HOTEL, LOCATED AT 284 SOUTH INDIAN CANYON DRIVE (APN: 508-085-004) (CASE MUR 2024-0001).”

BUSINESS PRINCIPAL DISCLOSURE:

See Attachment C of this report.

BACKGROUND:

The applicant submitted an Art Mural application, MUR 2024-0001, to the Department of Planning Services for the approval of an art mural titled “Desert Sun and Palm Tree”, to be installed on the north and south wall on an existing hotel building, Drift Palm Springs.

The commissioned artist will paint an art piece that depicts culturally significant symbols in the city. The dimensions of the art mural will be 8 feet in height by 6 feet in width (Attachment F).

Item 1E - Page 1
City Council Staff Report
April 25, 2024 -- Page 2
Case MUR 2024-0001

On April 4, 2024, the Public Arts Commission reviewed the application and voted 5-0- 2 (2 members absent) to recommend approval to the City Council. The notice of the Public Arts Commission to consider the Art Mural application was distributed to the owners of the properties located within five hundred (500) feet of the project site. A copy of the resolution is attached to this staff report (Attachment E).

STAFF ANALYSIS:

The Art Mural application is subject to the regulations stated in Palm Springs Municipal Code (PSMC) Chapter 5.81 (“Art Murals on Private Property”). Pursuant to Palm Springs Municipal Code (PSMC) Section 5.81.020, an art mural is defined as follows:

“…a painting or artwork temporarily or permanently affixed to a building wall, freestanding wall, or fence, which can be seen from the public right-of-way, and is distinguished from signage in that it does not advertise a business, commercial endeavor, or product sold or offered on the site or off-site.”

The design of the art mural is described as follows: “The mural will depict a yellow desert sun behind a lone palm tree. The mural serves as an homage to the end of a day and the beginning of another – a never-ending cycle reminding us that we always have a fresh start ahead” ( see Justification Letter in Attachment D ). The art mural does not include any elements that graphically convey the use of the property to the audience, therefore, the mural is not signage, and it may be permitted with the approval of an Art Mural application.

The required standards and regulations for the approval of an Art Mural application are provided in PSMC Section 5.81.060 (“Regulations”). Staff analyzed the Art Mural application in accordance with the applicable regulations below:

a. Any alteration to an approv ed mural shall require approval in accordance with procedures listed in Section 5.81.040.

The art mural is subject to the conditions of approval stated in Exhibit A of the attached draft resolution, which includes adherence to this requirement. As conditioned, the project meets this requirement.

b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

The art mural is painted on the north and south elevation of the two-story hotel building. The painted art mural does not extend beyond the top of the building, and it meets this requirement.

c. No part of a mural shall extend more than six (6) inches from the plane of the wall upon which it is tiled, painted, or affixed.

Item 1E - Page 2
City Council Staff Report
April 25, 2024 -- Page 3
Case MUR 2024-0001

The art mural does not project beyond the wall surface on which it will be painted; therefore, it meets this requirement.

d. Unless otherwise authorized by City Council upon making findings of no resulting impacts, no mural may consist of, or contain, electrical or mechanical components, or changing images (moving structural elements, flashing or sequential lights, lighting elements, or other automated methods that result in movement, the appearance of movement, or change of mural image or message, not including static illumination turned off and back on not more than once every 24 hours).

The art mural is painted with acrylic -based paint, and it does not contain any electrical or mechanical components; therefore, it meets this requirement.

e. No mural shall be placed on a lot that is improved with only one single- family residential structure and accessory structures.

The art mural will be installed on the side elevations of a commercial hotel building; therefore, the project meets this requirement.

f. No mural shall be arranged and illuminated in a manner that will produce light intensity of greater than three- foot candles above ambient lighting, as measured at the property lie of the nearest residential zoned property.

There are existing wall lights that will remain. No new exterior lighting fixtures are proposed to illuminate the art mural as a part of this application. Therefore, the project meets this requirement.

g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety.

The art mural is hand- painted with acrylic -based paint; therefore, the project conforms to this requirement.

h. A mural shall not be created without the final authorization of the Palm Springs City Council.

The applicant is seeking approval of an art mural via an Art Mural application, Case MUR 2024-0001. With City Council approval, the project meets this requirement.

Palm Springs Municipal Code Section 5.81.050 (“Requirements”) requires the property owner to record a covenant stipulating that the art mural will be maintained at all times in full compliance with the requirements of PSMC Chapter 5.81. The execution of this covenant is required as a condition of approval of this request as stated in Exhibit A of the attached draft resolution (Attachment B).

Item 1E - Page 3
City Council Staff Report
April 25, 2024 -- Page 4
Case MUR 2024-0001

ENVIRONMENTAL ASSESSMENT:

The installation of the art mural is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and it has been determined to be categorically exempt from further environmental review pursuant to Section 15301(a) of the CEQA Guidelines (Class 1, Existing Facilities) . The projects categorized under Class 1 exemption include minor alterations to an existing private structure which do not involve any expansion of the existing use.

FISCAL IMPACT
:

None.

REVIEWED BY:

Department Assistant Director: David Newell
Department Director: Christopher Hadwin
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Vicinity Map
B. Draft Resolution
C. Public Integrity Disclosure Form
D. Justification Letter
E. Public Arts Commission Resolution
F. Exhibits
Item 1E - Page 4

ATTACHMENT #A

Item 1E - Page 5

Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
284 South Indian Canyon Drive

Item 1E - Page 6
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Item 1E - Page 7
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING AN ART
MURAL TITLED “ DESERT SUN AND PALM TREE”

LOCATED ON A PORTION OF THE NORTH AND SOUTH
ELEVATION OF AN EXISTING HOTEL BUILDING AT 284
SOUTH INDIAN CANYON DRIVE (CASE MUR 2024-0001).

WHEREAS, Zion Freeman (“Applicant”) has filed an Art Mural application with the City pursuant to Chapter 5.81 of the Palm Springs Municipal Code (PSMC) for the approval of an art mural titled “Desert Sun and Palm Tree” located on a portion of the north and south elevation of an existing hotel building at 284 South Indian Canyon Drive, Zone LSC, (Case MUR 2024-0001) (“Application”).

WHEREAS, on April 4, 2024, the Public Arts Commission considered the application at a meeting and voted 5-0 , 2 absent, to recommend approval of the Application by the City Council.

WHEREAS, on April 25, 2024, the City Council considered the Application at a regularly scheduled public meeting in accordance with applicable law.

WHEREAS, the application is considered a “project” pursuant to the terms of the California Environmental Quality Act (“CEQA”), and is exempt from further environmental review pursuant to Section 15301 (“Existing Facilities”) of the CEQA Guidelines.

WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the Application, including, but not limited to, the staff report, and all written and oral testimony presented.

WHEREAS, pursuant to Palm Springs Municipal Code Section 5.81.060 (“Regulations”), the City Council finds as follows:

a. Any alteration to an approval mural shall require approval in accordance with procedures listed in Section 5.81.040.

b. No part of a mural shall exceed the height of the structure to which it is tiled, painted, or affixed.

The art mural is painted on the north and south elevation of the building which is two-stories high. The painted art mural does not extend beyond the top of the building, and it meets this requirement.

c. No part of a mural shall extend more than six (6) inches from the plane of the Item 1E - Page 8
Resolution No. _____

Page 2 ends

wall upon which it is tiled, painted, or affixed.

The art mural does not project beyond the wall surface on which it will be painted; therefore, it meets this requirement.

The art mural is painted with acrylic -based paint, and it does not contain any electrical or mechanical components; therefore, it meets this requirement.

e. No mural shall be placed on a lot that is improved with only one single- family residential structure and accessory structures.

The art mural will be installed on the side elevations of a commercial multi - tenant building; therefore, the project meets this requirement.

g. Digitally printed image murals shall receive approval of both the Fire Department and Department of Building and Safety.

The art mural is hand- painted with acrylic -based paint; therefore, the project conforms to this requirement.

h. A mural shall not be created without the final authorization of the Palm Springs City Council.

The applicant is seeking approval of an art mural via an Art Mural application, Case MUR 2024 -0001. With City Council approval, the project meets this requirement.

Item 1E - Page 9
Resolution No. _____

Page 3 ends

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

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

SECTION 2. That the City Council hereby approves MUR 202 4-0001 for an art mural installation on an existing hotel building located at 284 South Indian Canyon Drive, subject to the conditions of approval attached herein as Exhibit A.

ADOPTED THIS 25TH DAY OF APRIL 2024.

SCOTT STILES

CITY MANAGER

ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1E - Page 10
Resolution No. _____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK

Item 1E - Page 11
Resolution No. _____

Page 5 ends

EXHIBIT A

Case MUR 2024-0001

Art Mural: “Desert Sun and Palm Tree”
284 South Indian Canyon Drive

April 25, 2024

CONDITIONS OF APPROVAL

Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the Director of Planning Services, the Director of Building and Safety, or the Director of Community and Economic Development, depending on which department recommended the condition.

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

ADMINISTRATIVE CONDITIONS

ADM 1. Project Description. This approval is for the project described per MUR-2024- 0001, except as modified by the conditions below.

ADM 2. Reference Documents . The site shall be developed and maintained in accordance with the approved application, on file in the Development Services Department, except as modified by the conditions below.

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

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

ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case MUR 2024-0001. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the Item 1E - Page 12
Resolution No. _____

Page 6 ends

applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADM 6. Covenant.

A covenant shall be executed and delivered to the Office of the City Clerk for recordation in a form approved by the City Attorney, unless otherwise waived. The covenant shall provide that the mural will be installed and maintained at all times in full compliance Chapter 5.81 of the Palm Springs Municipal Code. In addition, the covenant shall remain in force for as long as the mural exists.

ADM 7. Maintenance Plan. The property owner(s), or any successors and assignees in interest shall maintain and repair the mural in accordance with the maintenance plan approved in conjunction with this application. This condition shall be included in the recorded covenant agreement for the property as required by the City.

ADM 8. Grounds for Revocation. Non -compliance with any of the conditions of this approval or with City codes and ordinances may result in proceedings to revoke the approval. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law.

PLANNING DEPARTMENT CONDITIONS

PLN 1. Lighting.

There shall be no new direct illumination of the art mural. If proposed, the illumination shall be submitted for review by the Planning Services Department for conformance to Chapter 5.81 of the Municipal Code prior to installation.

PLN 2. Removal of Mural. Should the mural be removed in the future, the property owner shall submit a Minor Architectural Review application to the Planning Department for approval prior to repainting the building.

PLN 3. Alterations
. Any alteration to the approved art mural shall be reviewed and approved in accordance with Palm Springs Municipal Code Section

5.81.060(a).

END OF CONDITIONS

Item 1E - Page 13

ATTACHMENT #C

Item 1E - Page 14
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

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? F Yes F No

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

6. Officers, Directors, Members, Managers , Trustees, Other Fiduc iaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
Item 1E - Page 15
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 05/16/19)

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

Item 1E - Page 16

ATTACHMENT #D

Item 1E - Page 17
Justification
Drift Hotel Palm Springs has been blessed with a great location with the front of the building facing one of the main roads in the city, Indian Canyon Drive.

In partnership with o2 Architecture and Folklor, the 39-key boutique hotel embraces the bold design that the Drift brand is known for. Featuring forms and colors reflective of the Californian desert and the brand's Baja roots, the property couples Spanish Colonial and Moorish Desert architecture with organic interior accents and Mexican artisanal décor. Raw materials including steel, Italian brick, and cedar wood create an industrial and modern aesthetic, a clean palette to allow the eye to explore the handpicked design elements by Californian and Mexican artists.

The combination of the location and design direction led us to the conversation of painting a mural on the exterior walls of the property to intertwine the essence of Palm Springs with the forms and colors of the brand’s Baja roots. The mural depicting the sun behind a palm tree is not only a familiar and warm scene seen throughout Palm Springs but also very common in Baja. In addition to that, the mural serves as an homage to the end of one day and the beginning of another – a never-ending cycle reminding us that we always have a fresh start ahead of us.

We also have a muralist, Sean Spellman, coming out to paint it on 1/17.

Maintenance Plan
The desert sun and its effects on the mural were taken into consideration. Our muralist and property staff will be on call to patch up and repaint the mural whenever needed. The mural will only be two colors, yellow and charcoal, and we will have both paints on the property. The mural will be well taken care of as it is not only a reflection of the city of Palm Springs but also a reflection of our hotel and the Drift Brand.

Item 1E - Page 18

ATTACHMENT #E

Item 1E - Page 19
Item 1E - Page 20
RESOLUTION NO. MUR-2024-0005

A RESOLUTION OF THE PUBLIC ARTS COMMISSION OF

THE CITY OF PALM SPRINGS, CALIFORNIA,

APPROVING AN ART MURAL APPLICATION FOR
"DESERT SUN AND PALM TREE" BY MURALIST SEAN

SPELLMAN LOCATED ON THE NORTH AND SOUTH
ELEVATION OF THE BUILDING AT 284 SOUTH INDIAN
CANYON DRIVE (CASE MUR-2024-0005)
WHEREAS, the City Council created according to Chapter 2.24 of the Palm Springs Municipal Code (Section 2.24.010) the Public Arts Commission; and WHEREAS, the City Council created according to Chapter 5.81 of the Palm Springs Municipal Code (Section 5.81.010) the process and procedures for the installation of original art murals on private property; and
WHEREAS, at the April 4, 2024, Public Arts Commission Meeting, it was determined that the "DESERT SUN AND PALM TREE" mural on the property located at 284 South Indian Canyon Drive, meets the requirements set forth in Chapter 5.81 of the Palm Springs Municipal Code, Art Murals on Private Property; and NOW, THEREFORE, be it resolved that the Public Arts Commission recommends:

THAT THE CITY COUNCIL APPROVE AN ART MURAL
APPLICATION FOR "DESERT SUN AND PALM TREE" FROM

ZION FREEMAN BY MURALIST SEAN SPELLMAN LOCATED

ON THE NORTH AND SOUTH ELEVATION OF THE BUILDING
AT 284 SOUTH INDIAN CANYON DRIVE
ADOPTED the 4th day of April, 2024
ATTEST:
irector
ommunity Development Department
Item 1E - Page 21

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, JAY VIRATA, hereby certify that Resolution No. MUR-2024-0005 is a full, true and correct copy, and was duly adopted at a meeting of the Public Arts Commission of the City of Palm Springs on April 4, 2024, by the following vote:

AYES: ARMSTRONG, NEWKIRK, FAVEAU, AND BURNS
NOES:

ABSENT:

ABSTAIN:

Jay Vi ra , Director
Hou & Community Development Department

ATTACHMENT #F

Item 1E - Page 22
Item 1E - Page 23
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EXISTING I
Item 1E - Page 24
Item 1E - Page 25

CITY COUNCIL STAFF REPORT
DATE: APR
IL 25, 2024 CONSENT CALENDAR
SUBJECT: A WARD UTILITY USERS TAX AUDIT SERVICES AGREEMENT WITH

AVENU INSIGHTS & ANALYTICS
FROM: Scott C. Stiles, City Manager
BY: Financ e Depar
tment
SUMMARY:

Awar
d a contract services agreement with Avenu Insights & Analytics, for Utility Users Tax Audit Services.

RECOMMENDATION:

1. Approv
e Contract Services Agreement No. 24P068 ( Attachment A) with Avenu Insights & Analytics, to provide Utility Users Tax Audit Services for a five-year term in an amount not to exceed $242,500 beginning April 15, 2024, through April 14, 2029; and

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

BUSINESS PRINCIPAL DISCLOSURE:

Acc
ording to the Public Integrity Disclosure form (Attachment B) submitted on November 14, 2023, Avenu Insights & Analytics, is registered in the states of Virginia and California.

BACKGROUND:

The Ut
ility Users Tax (UUT) is a tax that is applied to all Utility Providers that operate within the City of Palm Springs, CA. Telecommunication services are taxed at 4.5% ; electricity, gas, and cogeneration services are taxed at 5%. The Utility Users Tax (UUT) is addressed in the City’s Municipal Code in section 3.32.

Section 3.32.18 (d) of the Municipal Code under Additional Powers and Duties of the Tax Administrator (Director of Finance and Treasurer) auth orized the Tax Administrator to conduct an audit of any person required to collect and/or remit the UUT to ensure proper Item 1F - Page 1
compliance with this Chapter of the Municipal Code. In prior years, the Tax Administrator has engaged a third party to regularly conduct these audits.

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.

Two proposals were received by the deadline of February 14, 2024, as follows:

• Avenu Insights & Analytics, Westlake Village, CA
• Sotomayor & Associates, Westlake Village, CA

The evaluation team made up of City staff from the Finance department evaluated the proposals received against published criteria that included the firm’s experience, the staff experience, the understanding of the scope of work, local preference, and price.

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

ENVIRONMENTAL ASSESSMENT
:

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

ALIGNMENT WITH STRATEGIC PLANNING:

Approval of this action supports City Council priority 2 – Community Infrastructure.

FISCAL IMPACT:

Sufficient funds are budgeted and available in the current Fiscal Year 2023-24.

Item 1F - Page 2
REVIEWED BY:

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

ATTACHMENTS:

A. Agreement No. 24P068
B. Public Integrity Disclosure
Item 1F - Page 3

ATTACHMENT A
Item 1F - Page 4
CONT
RACT SERVICES AGREEMENT 24P068

UTILITY USERS TAX AUDIT SERVICES

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 15, 2024, by and between the City of Palm Springs , a California charter city and municipal corporation (“City”), and 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 Utility Users Tax Audit Services firm for Utility Users Tax Audit Services, (“Project”).

B. Contractor has submitted to City a proposal to provide Utility Users 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 S ervices 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. C ontractor 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 1F - Page 5

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 S ervices required by this Agreement.

1.4 Familiarity with Work. By exec uting 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 P arty 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 is estimated to be approximately $242,500.00.

3.2 Method of Payment . In any m onth 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 t he 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 produc t, 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.

Item 1F - Page 6

4. PERFORMANCE SCHEDULE

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

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

4.3 Force Majeure. The time for performance of S ervices 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 W ork); 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 S ervices 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 P arties 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. Un
less 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 April 15, 2024, and ending on April 14, 2029, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term . C ity 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 terminati on, Contractor shall immediately cease all S ervices except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of W ork. 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 action . Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

Item 1F - Page 7

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: McKinley Larkin – Customer Success Manager. 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 S ervices 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 S ervices. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment . T he 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. Ne
ither City nor any of its employees shall have any
control over the manner, mode , or means by which Contractor , its agents or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role ; however, City shall have the right to review Contractor ’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Cont
ractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel Item 1F - Page 8
wi
thout the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Paul Colangelo Chief Executive Officer
Mike Portis Vice President of Audit
Cody Burnett UUT Auditor

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 construction, alteration, demolition, installation, or repair, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. I t 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.

Item 1F - Page 9

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

7.2 Design Professional Services Indemnification and Reimbursement. If Contractor’s obligation to defend, indemnify, and/or hold harmless arises out of Contractor ’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Contractor’s indemnification obligation shall be limited to the extent which the 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. C ontractor 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 S ervices 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 . Al l 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 Item 1F - Page 10
it
s full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

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

8.5 Audit and Inspection of Records . Aft er receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and document s 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. Thi
s 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 de
lay 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 unnecessary 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. Exc
ept with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. T he exercise by either P arty of one or more of such rights or remedies shall not Item 1F - Page 11
pr
eclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either P arty 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 t he 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: NO

N-DISCRIMINATION

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

10.2 Conflict of Interest. Contr actor 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. I
n 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 thi s 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.

Item 1F - Page 12

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre -paid, first-class mail to the address set forth below.

Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To C ity: 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: James Barkman
5860 Trinity Parkway, Suite 120
Centreville, VA 20120

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

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

11.4 Severability. Wh enever 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 unenfo rceability 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 A
greement shall be binding upon and inure to the
benefit of the Parties’ successors and assignees.

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

Item 1F - Page 13

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

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

12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE.

When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “C ” (Russian Sanctions Certification), attached hereto and incorporated herein by reference. Consultant shall also require any subconsultants to comply with the Russian Sanctions Program and certify compliance pursuant to this Section.

SIGNATURES ON NEXT PAGE]
Item 1F - Page 14
SI

GNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM

SPRINGS AND AVENU INSIGHTS & ANALYTICS, LLC

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 15
EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,

Schedule of Fees

And

Schedule of Performance

Item 1F - Page 16
Ba
ckground:

The Utility Users Tax (UUT) is a tax that is applied to all Utility Providers that operate within the City of Palm Springs, CA. Telecommunication services are taxed at 4.5%. Electricity, gas, and cogeneration services are taxed 5%. The Utility Users Tax (UUT) is addressed in the City’s Municipal Code in section 3.32.

Section 3.32.18 (d) of the Municipal Code under Additional Powers and Duties of the Tax Administrator (Director of Finance and Treasurer) authorized the Tax Administrator to conduct an audit of any person required to collect and/or remit the UUT to ensure proper compliance with this Chapter of the Municipal Code.

In prior years, the Tax Administrator has engaged a third party to regularly conduct these audits.

Scope:

A. Required Services:
a) Proposer will conduct periodic audits of all service providers, mainly focusing on the major services providers, within the City to determine that all products and services are being properly taxed. The City can also request specific audits of Utility Providers. b) The City will provide the Proposer with payment history of all service providers for the Proposer to review for payment gaps or calculation mistakes. c) Proposer will have a methodology to detect new Utility Providers on a regular basis and ensure taxes are being appropriately remitted to the City. d) Proposer will review the exemption list on a regular basis to ensure the list’s accuracy and collect any applications for exemptions from the City to update the list with the Utility Provider.
e) Proposer should be prepared to answer questions on the application of the UUT from Utility Providers and assist in responding to questions from Residents of the City regarding the calculation of UUT on the monthly Utility bill.
f) Proposer should monitor state and federal legislation that would affect the City’s UUT revenue and consult with the City to implement the legislation as necessary. g) If the City should make changes to the Ordinance that governs the UUT, the Proposer should be prepared to advise the City on the language that should be used in the Ordinance and ensure that all necessary state and federal legislation is included as needed.

B. Report Deliverables:

1. Proposer shall provide the City quarterly reporting on recoveries vs. fees. The City would like the recovery revenue to be divided into recurring and one-time revenue.

2. Provide the City with comprehensive analysis at least annually. The report should include the following:
a) Revenue, one-time and recurring, from compliance activities.

Item 1F - Page 17
b) His
torical comparison charts of the compliance activities. c) Historical analysis of the City’s revenue by Utility. d) Revenue forecasts (a minimum of 3 years forward looking) the City can use in the biennial budgeting process. Please provide the methodology for the forecast.

Schedule:

Work will commence on the issuance of a notice to proceed and will continue for five years.

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 1F - Page 18

Item 1F - Page 19
ATTACHMEN T "G"

COST PROPOSAL
REQUEST FOR PROPOSAL (RFP 02-24)

UTILITY USERS TAX AUD IT SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED IN SEPARATE ELECTRONIC FILE #2 " Cost Proposal", NOT w ith Electronic File #1, Techn ical/Work Proposal ") ITEM DESCRIPTION Unit of Estimated Percentage TOTAL
Measure Annual
Hours
1 Total fees and expenses Dollars 1,000 $95,000,year•
for services per audit - +
Year 1 2.5% !The 25% of recovered
revenue in
~o ...... nliance audits
2 Total fees and expenses Dollars 1,000 $95,000,year•
for services per audit - +
Year 2 2.5% !The 25% of recovered
revenue in
~omnliance audits
3 Total fees and expenses Dollars 1,000 $95,000,year•
for services per audit - +
Year 3 2.5% !The 25% of recovered
revenue in
~omnliance audits
4 Total fees and expenses Dollars 1,000 $95,000,year•
for services per audit - +
Year 4 2.5% !The 25% of recovered
revenue in
~omnliance audits
5 Total fees and expenses Dollars 1,000 $95,000,year•
for services per audit - +
Year 5 2.5% !The 25% of recovered
revenue in
~omnliance audits
Total $475,000*
+
!The 25% of recovered
evenuein
lco....,nlimce audit&
Printed Name: James Barkman
Title: Chief Financial Officer
Date: February 14 2024
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 1F - Page 20
INS
URANCE

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

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

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. C ertificates 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. M inimum Scope of Insurance. The min imum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one m
illion 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. Fo r any claims related to this Agreement, Contractor ’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees , agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 1F - Page 21
cont
ribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Er rors & 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. I nsurance 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 sha
ll 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 L
iability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsem ent 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 1F - Page 22
D. B
oth 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 -Ins
ured 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. Severa
bility 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 1F - Page 23

Item 1F - Page 24
ATTACH MENT "F"
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR PROPOSALS (RFP 02-24)

UTILITY USERS TAX AUD IT SERVICES
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor's authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions aga inst Russia and Russian entities and individuals; and (b) refra in from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

Executive Order N-6-22 also requires that any contractor that: (1) currently has a contract with the City of Palm Springs funded through grant funds provided by the State of California; and/or (2) submits a bid o r proposal or otherwise proposes to or enter into or renew a contract with the City of Palm Springs with State of California grant fund's, certify that the person is not the target of any economic sanctions against Russia and Russ ian entities and individuals.

The contractor hereby certifies, SUBJECT T O PENAL TY FOR PERJURY, that a) the contractor is not a target of any economic sanctions against Russian and Russian entities and individuals as discussed in Executive Order N-6-22 and b) the person signing below is duly authorized to legally bind the Contractor. This certification is made under the laws of the State of California.

Signature: ~ 7
Printed Name: James Barl<man
Title: Chief !Financial Office r
Firm Name: Avenu Insights & Analytics, LLC
Date: February 14, 2024

ATTACHMENT B
Item 1F - Page 25

Item 1F - Page 26

1. Name of Erntity

PUBLIC INTEGRITY DISCLOSURE

APPLICA NT DISCLOSURE FORM
Avenu Insights & A nalyt ics, LLC

2. Address of Entity (Principal Place of Business)
5860 Trinity Parkway, Suite 120, Centrev ille VA 2 0 120

3. Local or California Address (if different than #2)
5716 Corsa Avenue, Ste 203 Westlake Village, CA 91362

4. State where Entity is Registered with Secretary of State Delaware
If other than C alifornia, is the Entity also registered in California? 0 Yes O No

5. Type of Entity
D Corporation E21 limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers , Directors, Members, Managers, Trustees, Other Fidudaries (please specify) Note: If any response is not a natural person, please iden tify all officers , directors , members , managers and other fiduciaries for the member , manager, trust, or ot her entity
Paul Colan gelo, CEO E2I Officer O Director O Member O
Manager
[name] O General Partner O Li mited Partner
o ther
James Markman, CFO E2I Officer O Director D Member O Manager [name] D General Partner D Limited Partner
Other
O Officer O Director D Member O Manager

Item 1F - Page 27
[name] O General Partner O Limited Partner
D Other

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

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

I DECLAR E UNDER P ENALTY OF P ERJURY UNDER THE L AWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE A ND CORRECT.

Signature of Disclosing Party, Printed Name. Title Date 02/1 4/24

CITY COUNCIL STAFF REPORT
DATE:

APRIL 25, 2024 CONSENT CALENDAR
SUBJECT: STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE PERIOD OF MARCH 1 THROUGH MARCH 31, 2024
FROM: Scott C. Stiles, City Manager
BY: P roc
urement and Contracting Department
RECOMMENDATION:

Recei
ve and file the report of Staff Authorized Agreements (Attachment A) and Purchase Orders (Attachment B) for the period of March 1 through March 31, 2024.

STAFF ANALYSIS:

The Cit
y’s policies and procedures provide the City Manager and designated staff authority to enter into agreements and purchase orders which are $75,000 or less, and certain other amendments and change orders as previously approved by the City Council.

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

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

REVIEWED BY:

Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:

A. Cit
y Manager or designee authorized agreements for March 2024 B. Purchase orders for March 2024
Item 1G - Page 1
==========__J __ ====f====--

ATTACHMENT A

Item 1G - Page 2

STAFF AUTHORIZED AGREEMENTS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL
24S042 DESIGN SERVICES TO REPAIR THE WATER FEATURE AT

THE DOWNTOWN PARK
HYDROLOGY GROUP $20,100.00
24I043 REPAIR AND RESURFACING OF THE RUTH HARDY

BACKETBALL COURT
FRANCO TENNIS COURTS $8,000.00
24I051 COPPER AND FIBER INSTALLATION FOR NEW IDF DATASTREAM CABLING AND BUSINESS

SOLUTIONS LLC
$64,180.54
24I052 TYLER MUNIS HR/PAYROLL/TIMEKEEPING SYSTEM

IMPLEMENTATION CONSULTING SERVICES
SDI PRESENCE LLC $21,000.00
24I064 CVEP AND IT BLUEROOM ACCESS CONTROLS

BUILDOUT
IT1 SOURCE LLC $27,464.32
24I066 PSP PERIMETER GATE #23 CARD READER ENDLESS ENDEAVORS DBA PRECISION

TECHNOLOGIES
$2,007.75
24I071 CUSTOMS CAMERAS FOR PSP IT1 SOURCE LLC $43,599.83 24S072 LIBSOFT PLUS SOFTWARE SUBSCRIPTION AGREEMENT-

ANNUAL RENEWAL
MK SOLUTIONS, INC $4,038.36
CITY CLERK 24I047 RECORDS RETENTION SCHEDULE UPDATES WESTERN INTEGRATED SYSTEMS DBA

JAMES E HUGHES
$9,800.00
FINANCE DEPARTMENT 24P065 COMPREHENSIVE FEE STUDY-RFP 01-24 WILLDAN FINANCIAL SERVICES $38,745.00

COMMUNITY &
ECONOMIC DEV.
24I045 TAMING OF THE HORSES DE-INSTALLATION AND

REMOVAL
SAME DAY EXPRESS LLC $7,345.00

HOUSING &

COMMUNITY

DEVELOPMENT
24I054 PARKLET ECONOMIC IMPACT STUDY KEYSER MARSTON & ASSOCIATES, INC $10,000.00 POLICE DEPARTMENT 24I067 DISPATCH CONSOLE CLEANING CONSOLE CLEANING SPECIALISTS INC.

DBA COMMUNICATION CENTER

SPECIALISTS
$3,081.65
24I059 FIRE STATION #2 PURCHASE/INSTALLATION OF
CACHMHD-70 EXTRACTOR AND SEKO-2 DISPENSING
PUMP
CALIFORNIA PPE RECON INC $27,761.09
24S056 CONTRACT SERVICES FOR CALCULATING PS FIRE DEPT
2024 CALOES CFAA RATES AND TO TRAIN CITY STAFF.

ABBE MEYER $3,750.00
24I063 CONSULTING SERVICES-CUSTOMER EXPERIENCE

RESEARCH
KBSB AVIATION LLC $8,000.00

FIRE DEPARTMENT

AVIATION DEPARTMENT

A/CITY MANAGER ADMIN

INFO TECHNOLOGY

Page 1 of 2 ends

Item 1G - Page 3

STAFF AUTHORIZED AGREEMENTS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT CONTRACT # CONTRACT DESCRIPTION VENDOR CONTRACT TOTAL
24I069 RED CROSS FIRST AID/CPT/AED TRAINING AMERICAN RED CROSS & ITS

CONSTITUENT CHAPTERS DBA AMERICAN

RED CROSS
$9,964.00
24I060 PALM SPRINGS STADIUM ASPHALT PAVING-

CONSTRUCTION CONTRACT
AMS PAVING INC $53,685.00
24I055 SALLY PORT DOOR REPAIR SERVICES PATTON ENTERPRISES, INC. DBA PATTON

DOOR & GATE
$500.00
24I058 FIRE SPRINKLER INSPECTION SERVICES SHASTA FIRE PROTECTION, INC. $3,300.00 24I061 QUARTERLY MAINTENANCE OF THE CERRITOS

BASEBALL FIELD
BACK NINE GREENS INC $9,900.00
24I062 INSTALLATION OF BLINDS AT FIRESTATION 3 LIFE TIME BLINDS LLC $5,962.00 24I070 COMMERCIAL DRIVER'S LICENSE TRAINING COMMERCIAL TRANSPORTATION SERVICES, INC.
$7,338.64

FACILITIES

MAINTENANCE

Page 2 of 2 ends

Item 1G - Page 4

ATTACHMENT B

Item 1G - Page 5

PURCHASE ORDERS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 24001311 A9041 CITY HALL - WEST WING ENVIRONMENTAL TESTING LY ENVIRONMENTAL INC $1,100.00 24001334 A9324 CITY BUILDOUT PROJECT - KITCHEN FURNITURE ODP BUSINESS SOLUTIONS $5,303.74 24001447 A9324 DEVELOPMENT SERVICES CONFERENCE ROOM CHAIRS ODP BUSINESS SOLUTIONS $11,594.65 24001309 A9194 DELL PRECISION 3660 TOWER DELL MARKETING LP $2,494.49 24001322 2 BROTHER ALL-IN-ONE SCANNER AND PRINTER B & H PHOTO $1,071.11 24001324 24I006 CABLING-IT TECH OFFICES AND BUS LICENSE PRECISION TECHNOLOGIES $6,404.38 24001325 5 BROTHER PRINTERS ALL IN ONE B & H PHOTO $2,677.77 24001326 1 BROTHER ALL IN ONE PRINTER B & H PHOTO $535.55 24001332 24I032 WIFI CABLING & INSTALL-PSP BONO & RJ TERM PRECISION TECHNOLOGIES $11,254.78 24001335 3 TVS FOR FACILITIES AND MAINTENANCE B & H PHOTO $2,574.51 24001337 QTY 10 SHORETEL 480G IP PHONE CMS COMMUNICATIONS INC $902.41 24001338 PRIVILEDGED REMOTE ACCESS AND APPLICATION BEYONDTRUST CORPORATION $9,969.98 24001349 ETHERNET AND FIBER OPTIC CABLES FS COM INC $1,727.84 24001368 A9194 2 APC'S AND 2 PDU'S DELL MARKETING LP $3,859.50 24001387 CAMERA AND EQUIPMENT PER QUOTE NO
1104620345.

B & H PHOTO $1,028.99
24001398 24S027 PUBLIC SAFETY MAPPING SERVICES SOFTWARE GEOSPATIAL TECHNOLOGIES INC $19,048.50 24001400 24I052 PAYROLL HR ASSISTANCE SDI PRESENCE LLC $21,000.00 24001409 BROTHER PRINTER AND SCANNER ALL IN ONE B & H PHOTO $535.55 24001416 INK FOR IT ADMIN PRINTER B & H PHOTO $458.13
24001417 ATA DEVICE FOR HR FAX MACHINE INTELESYSONE $304.37 24001420 24I051 COPPER AND FIBER INSTALLATION FOR NEW IDF DATASTREAM CABLING AND BUSINESS

SOLUTIONS LLC
$64,180.54
24001421 ZOOM LICENSE RENEWAL INSIGHT PUBLIC SECTOR INC $47,831.85 24001423 BLUEBEAM SOFTWARE RENEWAL APPLIED TECHNOLOGY GROUP INC $10,319.00 24001448 CONFERENCE ROOM CAMERA B & H PHOTO $203.89
24001449 PHONES FOR FIRE STATION 3 CMS COMMUNICATIONS INC $415.86 24001466 CA PEACE OFFICERS LEGAL SOURCEBOOK SITE LICENSE 3Y
COPWARE INC $9,120.00
24001467 A9194 DEMUTH COMPUTERS DELL MARKETING LP $16,175.82 24001471 TVS FOR WEST WING AND HR B & H PHOTO $4,680.63 CITY CLERK 24001438 24I047 RECORDS RETENTION SCHEDULE JAMES E HUGHES $9,800.00

SPECIAL PROGRAMS

COMPLIANCE
24001355 CODE COMPLIANCE UNIFORM ORDER - DESERT

PROMOTIONS
DESERT PROMOTIONAL EMBROIDERY LLC $2,373.93
HUMAN RESOURCES 24001370 A9324 FURNITURE: OFFICE ODP BUSINESS SOLUTIONS $948.90 SUSTAINABILITY 24001336 A9324 TWO NEW DESKS FOR SUSTAINABILITY ODP BUSINESS SOLUTIONS $15,506.60 24001344 24I035 SALES TAX STUDY HINDERLITER DE LLAMAS AND ASSOCIATES $10,000.00

A/CITY MANAGER ADMIN

FINANCE DEPARTMENT

INFO TECHNOLOGY

Page 1 of 6 ends

Item 1G - Page 6

PURCHASE ORDERS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 24001396 23P380 SUTA- PROVIDE SALES AND USE TAX AUDIT SVCS GOVERNMENT REVENUE SOLUTIONS

HOLDING I LLC
$53,650.00

COMMUNITY &
ECONOMIC DEV.
24001347 24I045 TAMING OF THE HORSES DE-INSTALLATION AND

REMOVAL
SAME DAY EXPRESS LLC $7,345.00
24001399 24S042 DOWNTOWN PARK WATER FEATURE RENO DESIGN HYDROLOGY GROUP INC $20,100.00 24001430 PURCHASE OF PLAYGROUND SAND - CITY YARD SOUTH WEST BOULDER AND STONE INC $3,416.01 24001439 24I043 RESURFACING RUTH HARDY BASKETBALL COURT MARTIN FRANCO $8,000.00 24001460 A9296 STAGING TRAILER TOW PLAZA TOWING INC $1,050.00 24001461 A9296 STAGING TRAILER TOW FOR 3.14.24 EVENT PLAZA TOWING INC $1,050.00 24001333 SUMMER CAMP EQUIPMENT & SUPPLY VAR SITY BRANDS HOLDING CO INC $663.08 24001371 MARKET ING ITEMS FOR P&R CARDINAL PROMOTIONS $1,384.76 24001372 STAKES FOR POSTING IMAG E360 PALM DESERT $1,769.79 24001457 23I117 JUMPERS FOR DIPPING INTO SUMMER EVENT A JUMP N PARTY INC $1,562.80 24001458 23I117 WATER JUMPERS FOR JULY 4TH A JUMP N PARTY INC $2,414.61 24001473 BUBBLE HOUSE FOR WORLD ART DAY EVENT AUB REE ENRIQUEZ $368.72 24001474 ADVERTISEMENT & EQUIPMENT FOR WORLD ART DAY ROADRUNNER PRINTING AND SHIPPING LLC
$792.06
24001475 23I119 PREVENTATIVE MAINTENANCE FOR FITNESS

EQUIPMENT
PAX FITNESS REPAIR LLC $750.00
24001476 23I119 PREVENTATIVE MAINTENANCE OF FITNESS

EQUIPMENT
PAX FITNESS REPAIR LLC $433.56
24001477 T-SHIRTS FOR PARKS & RECREATION STAFF SCA RLIGHT LLC $796.92 24001478 SPECIAL EVENT T-SHIRTS SCA RLIGHT LLC $1,001.43 LIBRARY 24000881 BOOKS FOR PS SPEAKS TEMPLE GRANDIN EVENT FOLLETT GROUP $1,639.80 24001341 TASER BATTERIES AXO N ENTERPRISE INC $1,982.23 24001342 CHEMI CAL MUNITIONS - LAUNCHING CARTRIDGE AARDVARK $375.66 24001369 SAFE WITH SHELF KIT VALLE Y LOCK AND SAFE $4,544.36 24001406 GLASS AWARDS (16) THE PA RADISE GROUP INC $2,162.68 24001429 A9324 EXECUTIVE CHAIRS (2) ODP BUSINESS SOLUTIONS $764.73 24001437 AMMUN ITION DOOLEY ENTERPRISES INC $6,436.41
24001339 FIRE CHIEF TURNOUT GEAR ALL STAR FIRE EQUIPMENT INC $3,064.95 24001419 TURNOU T GEAR ALLSTAR FIRE EQUIPMENT INC $48,572.55 24001422 24S056 CONSULTING SERVICES FOR CALOES CFAA ABBE MEYER $3,750.00 24001441 24I059 FIRE STATION #2 PURCHASE/INSTALL EXTRACTOR CALIFORNIA PPE RECON INC $27,761.09 24001480 EDRAULIC EXTRICATION EQUIPMENT FOR ENGINE 3 L N CU RTIS AND SONS $43,354.44 24001350 23P041 CP 24-01, CWA SERVICES TSG ENTERPRISES, INC. $15,410.00

POLICE DEPARTMENT

RECREATION

DEPARTMENT

PARKS MAINTENANCE

MECHANICS

ENGINEERING - PUBLIC

FIRE DEPARTMENT

Page 2 of 6 ends

Item 1G - Page 7

PURCHASE ORDERS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 24001440 A8342 CP 22-35, PAVEMENT MANAGEMENT PLAN REVIEW KIMLEY HORN AND ASSOCIATES INC $48,600.00 22001060 BHS MAINT SERVICE CONTROLTOUCH SYSTEMS LLC $50,000.00 24001291 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $1,429.36 24001292 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $1,179.36 24001328 A9391 PSP CONSULTING MASTER PLAN MEAD AND HUNT INC $57,320.00 24001345 PSP BAGGAGE CLAIM HANDLING SYS BELTS MOTION INDUSTRIES INC $6,677.26 24001346 PSP FLOOR MATS/NEW LOGO WAXIE'S ENTERPRISES LLC $14,278.77 24001348 PSP AVI TRANSPONDERS TRANSCORE HOLDINGS INC $10,009.53 24001384 23B364 PSP FLOOR REPLACEMENT OPS ADMIN GENESIS FLOOR COVERING INC $15,755.00 24001388 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $190.00 24001389 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $1,086.56 24001390 A9065 PSP LOCKSMITH SERVICES VALLEY LOCK AND SAFE $1,015.74 24001391 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS HINGEWERKS COMMERCIAL DOORS INC. $2,172.51 24001392 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $646.84 24001393 23P201 PSP CONSULT NEW CONCESSIONS TO 1 MARRS SERVICES INC $2,992.00 24001397 PSP SHIPPING CONTAINERS BIZON GROUP INC $7,298.15 24001403 A9294 PSP DOOR MAINTENANCE / PM REPAIR SRVS HINGEWERKS COMMERCIAL DOORS INC. $31,950.00 24001404 23B204 PSP FENCE REPLACEMENT GATE 39 RED HAWK SERVICES INC $22,210.74 24001410 PSP BHS CONVEYOR TOTES AVAMI SYSTEMS INC $9,993.82 24001427 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $5,000.00 24001481 A9071 PSP PLUMBING SERVICES KINCAID INDUSTRIES INC $2,399.13 24001294 23B101 INSPECT AND REPAIR CITY WIDE ALARM FIRE PROTECTION SERVICE CORPORATION $2,500.00 24001308 A9071 DEMUTH CC - KINCAID TO ACCESS MAINLINE

BLOCKAGE
KINCAID INDUSTRIES INC $1,617.48
24001310 A9071 EL CIELO AND TAHQUITZ CANYON BROKEN WATER LINE
KINCAID INDUSTRIES INC $1,320.00
24001316 A9135 FIRE STATION NO. 5 SERVICE CALL OLLIN DOCK & DOOR INC $4,919.47 24001317 A9135 PSPD SERVICE CALL OLLIN DOCK & DOOR INC $312.00 24001318 A9135 ADJUST GATE AT THE ANIMAL SHELTER OLLIN DOCK & DOOR INC $780.00 24001321 A9071 WATER LEAK AND BASEBALL FIELD KINCAID INDUSTRIES INC $3,000.00 24001327 A9071 REMOVE & REPLACE DRAIN LINE FROM CHILLER PLAN
T
KINCAID INDUSTRIES INC $70,000.00
24001330 A9135 FIRE STATION NO. 2 SERVICE CALL OLLIN DOCK & DOOR INC $6,083.75 24001340 SENSOR FOR CHILLER PER REF#VHS/COPS/22824 THERMAX INC $622.79 24001343 24I039 FOCUSED TRAINING STRATEGIES WAYNE MCAFEE $9,400.00 24001373 A9065 CITY FACILITIES KEYS-CVEP BUILDING (HR) VALLEY LOCK AND SAFE $1,182.30

FACILITIES

MAINTENANCE

WORKS

AVIATION DEPARTMENT

Page 3 of 6 ends

Item 1G - Page 8

PURCHASE ORDERS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 24001374 A9071 DEMUTH COMMUNITY MAINLINE KINCAID INDUSTRIES INC $1,085.13 24001405 23B101 ALARM SYSTEM REPAIRS AT VARIOUS CITY FACILITIES FIRE PROTECTION SERVICE CORPORATION $5,000.00 24001418 A9069 PALM SPRINGS ANIMAL SHELTER HVAC

REPAIR/REPLACEMEN
ALLISON MECHANICAL INC $50,000.00
24001436 23C394 STOCK-LUBRICANT AND MULTI PURPOSE GREASE DESERT AREA CORPORATION $101.55 24001445 24B022 PROPOSAL FOR ASBESTOS SURVEY SERVICES TERRACON CONSULTANTS INC $1,738.00 24001453 A9071 SNAKE URINAL KINCAID INDUSTRIES INC $776.84 24001454 A9069 FIRE STATION#1 DUCT CLEANING & ENCAPSULATION ALLISON MECHANICAL INC $16,385.00 24001455 A9069 TROUBLESHOOT CHILLER AT THE LEISURE CENTER ALLISON MECHANICAL INC $7,565.15 24001469 A9071 HYDRO-JET FLOOR DRAINS IN APPARATUS BAY AND PUMP I
KINCAID INDUSTRIES INC $5,274.96
24001470 A9068 MBE CONSTRUCTION IS PLEASED TO PROPOSE ON

THE ABOV
M BREY ELECTRIC INC $11,603.00
24001293 A9040 TIRE PURCHASE FOR STOCK PER ESTIMATE#192140 DANIELS TIRE SERVICE INC $1,034.89 24001296 23S057 PUMP SUB-ASSEMBLY UNIT# 220 SOUTH COAST LLC $5,934.23 24001297 23C394 ANTIFREEZE / COOLANT FOR STOCK. DESERT AREA CORPORATION $298.02 24001298 23S057 SEAT BELT / HORN BRUSH KIT FOR UNIT# 221 SOUTH COAST LLC $583.20 24001299 23S057 AIR HORN UNIT#217 SOUTH COAST LLC $426.64 24001300 23C394 SPARK PLUG FOR UNIT#215 DESERT AREA CORPORATION $46.61 24001301 23C360 FRONT SUSPENSION PARTS FOR UNIT#059 FIESTA FORD INC $670.57 24001302 23C360 HEATER HOSES FOR UNIT#215 FIESTA FORD INC $180.26 24001303 A9040 TIRE PURCHASE FOR STOCK PER ESTIMATE#192013 DANIELS TIRE SERVICE INC $153.08 24001304 A9040 TIRE PURCHASE FOR UNIT# 3011T PER
ESTIMATE#192019
DANIELS TIRE SERVICE INC $134.58
24001305 23C394 AIR DRYER ,DASH FAN, MARKER LIGHTS FOR UNIT#204 AN
DESERT AREA CORPORATION $269.40
24001306 23C394 V BELTS, LUBRICANT SPRAY FOR STOCK DESERT AREA CORPORATION $17.94 24001307 23C360 FRONT BRAKE PADS AND ROTORS FOR STOCK FIESTA FORD INC $234.88 24001312 23S060 REPAIRS & PARTS UNIT#0098 PER EST# MWGEST273 JORDAN FREEMAN $2,361.62 24001313 23C360 BLOWER MOTOR RESISTER FOR STOCK FIESTA FORD INC $102.64 24001314 23C394 FOR STOCK OIL & FUEL FILTERS, HUB CUP WINDOW KIT
DESERT AREA CORPORATION $55.06
24001315 A9040 TIRE PURCHASE FOR UNIT# 163 PER ESTIMATE#192418 DANIELS TIRE SERVICE INC $671.24

FLEET OPERATIONS

Page 4 of 6 ends

Item 1G - Page 9

PURCHASE ORDERS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 24001319 A9040 TIRE PURCHASE FOR STOCK PER ESTIMATE#192484 DANIELS TIRE SERVICE INC $151.42 24001320 A9040 TIRE PURCHASE FOR UNIT# 200 PER ESTIMATE#192486 DANIELS TIRE SERVICE INC $699.65 24001357 23C394 FOR STOCK AIR FILTER & DEGREASER DESERT AREA CORPORATION $26.44 24001358 A9040 TIRE PURCHASE FOR STOCK PER ESTIMATE#192553 DANIELS TIRE SERVICE INC $285.37 24001359 A9241 2023 FORD EXPLORER POLICE INTERCEPTOR 4 DR WAGON
J & L AUTO BODY INC $2,310.02
24001360 A9241 2023 FORD EXPLORER POLICE INTERCEPTOR 4 DR WAGON
J & L AUTO BODY INC $2,310.02
24001361 A9241 2023 FORD EXPLORER POLICE INTERCEPTORN4 DR WAGON
J & L AUTO BODY INC $2,310.02
24001362 23C394 STOCK-SILICONE ADHESIVE DESERT AREA CORPORATION $10.75 24001363 23C360 PARTS FOR UNIT# 200 COOLANT HOSE FIESTA FORD INC $135.21 24001364 23C360 PARTS FOR UNIT#005 SHIELD, GLASS, DEFLECTOR FIESTA FORD INC $553.33 24001365 23S060 REPAIRS & PARTS UNIT#095 PER EST# MWGEST274 JORDAN FREEMAN $1,910.76 24001366 23C394 SHOP-OZZY JUICE AND OZZY MATT DESERT AREA CORPORATION $282.12 24001367 A9040 SERVICE CALL TIRE REPAIR DANIELS TIRE SERVICE INC $1,000.00 24001375 23C394 STOCK-THREAD LOCKER, TPMS VALVES DESERT AREA CORPORATION $41.65 24001376 23C394 BATTERIES FOR UNIT# 7117E DESERT AREA CORPORATION $746.92 24001377 23C360 HEATER / WATER HOSE FOR UNIT# 200 FIESTA FORD INC $42.14 24001378 23C394 MARKER LIGHT FOR UNIT#502 DESERT AREA CORPORATION $3.62 24001379 23C394 STOCK- H13 HEADLIGHT BULB (2) DESERT AREA CORPORATION $22.27 24001380 23C360 BLOWER MOTOR, PIGTAIL CONNECTION FOR UNIT#502
FIESTA FORD INC $342.56
24001381 23S060 TIRE AND BRAKES FOR UNIT#095 JORDAN FREEMAN $1,910.76 24001382 A9040 TIRES FOR UNIT 315 DANIELS TIRE SERVICE INC $671.24 24001383 A9040 TIRE PURCHASE FOR STOCK PER ESTIMATE#192993 DANIELS TIRE SERVICE INC $671.24 24001385 A9241 20018 FORD F-150 XL 4 DR CREW CAB J & L AUTO BODY INC $11,646.16 24001394 A9190 POLICE VEHICLE TOWING UNIT# 047 MOHICA TOWING $319.00 24001407 23B104 FLEET SERVICE AND PARTS BLACK AND WHITE EMERGENCY VEHICLES $25,000.00 24001411 23S060 PARTS FOR UNIT#099, TAIL LIGHT, BRAKE LIGHT JORDAN FREEMAN $585.00 24001412 23C394 STOCK-ELECTRICAL TAPE, AIR FILTER, OIL FILTERS DESERT AREA CORPORATION $42.62 24001413 A9040 STOCK-TIRES DANIELS TIRE SERVICE INC $830.54 24001414 23C360 STOCK-BRAKE PADS,ROTORS, BELT TENSIONERS FIESTA FORD INC $553.92

Page 5 of 6 ends

Item 1G - Page 10

PURCHASE ORDERS
MARCH 1, 2024 - MARCH 31, 2024
DEPARTMENT PO # CONTRACT # PO DESCRIPTION VENDOR PO TOTAL 24001415 A9065 RE KEY 2024 INTERCEPTORS TO EXISTING FLEET KEY VALLEY LOCK AND SAFE $11,000.00 24001424 23C394 AUTOMOTIVE PARTS DESERT AREA CORPORATION $121.25 24001425 23C360 AUTOMOTIVE PARTS FIESTA FORD INC $482.13 24001426 23C394 FLEET DEPARTMENT PARTS PURCHASE DESERT AREA CORPORATION $184.52 24001428 A9082 SWEEPER RENTAL STREET DEPARTMENT UNITED RENTALS $5,000.00 24001431 A9230 UNIT#102-SUSPENSION ADJUSTMENT GERGIS YOUSEF $150.00 24001432 A9040 TIRE STOCK PER ESTIMATE#193361 DANIELS TIRE SERVICE INC $286.89 24001433 23C394 STOCK-OIL FILTER KIT,FUEL FILTER KIT DIESEL EXHAUS DESERT AREA CORPORATION $184.52 24001434 23C360 UNIT#062-FUEL DOOR ASSY, TUBE,DOOR,PLUG FIESTA FORD INC $482.13 24001435 23C360 UNIT#031-SWAY BAR BUSHINGS, BAR LINKS FIESTA FORD INC $121.25 24001442 A9230 UNIT#048-SUSPENSION ADJUSTMENT GERGIS YOUSEF $150.00 24001443 23S060 UNIT#094-BRAKES, SERVICE, TIRES JORDAN FREEMAN $3,819.47 24001446 A9230 UNIT# 917 CAR WASH GERGIS YOUSEF $32.95 24001451 23C394 FLEET DEPARTMENT PARTS PURCHASE DESERT AREA CORPORATION $101.55 24001452 23C394 FLEET DEPARTMENT PARTS PURCHASE DESERT AREA CORPORATION $396.26 24001456 23C360 FLEET DEPARTMENT PARTS PURCHASE FIESTA FORD INC $270.65 24001459 A9296 STAGE TRAILER TOW SERVICE PLAZA TOWING INC $2,100.00 24001462 23C360 FLEET DEPARTMENT PARTS PURCHASE FIESTA FORD INC $542.78 24001463 23C394 FLEET DEPARTMENT PARTS PURCHASE DESERT AREA CORPORATION $26.22 24001464 A9230 VEHICLE REPAIR GERGIS YOUSEF $202.20 24001465 23C360 FLEET DEPARTMENT PARTS PURCHASE FIESTA FORD INC $561.39 24001468 23C360 PERFORM AN ELECTRICAL SYSTEM DIAGNOSE. FIESTA FORD INC $5,000.00 24001472 REAR AXLE ASSEMBLY UNIT 6100E VOLVO CONSTRUCTION EQUIPMENT AND

SERVICES
$7,811.88
STREETS MAINTENANCE 24001295 A9192 CONES AND DELINEATORS CITYWIDE PACIFIC PRODUCTS AND SERVICES LLC $6,221.79

DOWNTOWN PARKS

MAINTENANCE
24001479 24I020 REMOVE AND REPLACE TURF ON PITCHER'S MOUND. BACK NINE GREENS INC $1,615.00

DOWNTOWN

MAINTENANCE
24001331 A8374 PACKING,TRANSPORTATION & DISPOSAL/RECYCLING RCRA
ALPHA PETROLEUM TRANSPORT INC $21,035.24
*Please note Purchase Orders (POs) issued with contract numbers shown indicate an approved contract is being utilized. Therefore, the PO issued is an order against the contract.

Page 6 of 6 ends

Item 1G - Page 11

CITY COUNCIL STAFF REPORT
DATE: AP
RIL 25, 2024 CONSENT CALENDAR
SUBJECT: A PPROVE THE AMENDED AND RESTATED JOINT POWERS

AUTHORITY AGREEMENT WITH VISIT GREATER PALM SPRINGS
FRO
M: Scott C. Stiles, City Manager
BY: Offi ce
of Economic Development
SUMMARY:

On March 29, 2024, the Executive Committee of Visit Greater Palm Springs (VGPS) adopted a resolution ( Attachment A ) of the Joint Powers Authority (JPA) Executive Committee of VGPS approving a proposed Second Amended JPA Agreement (SAA). In order for the SAA to be fully approved, all of the member cities , through their City Councils, must also approve the SAA. The SAA is included in both redline (Attachment B) and final draft form (Attachment C).

RECOMMENDATION:
1) Approv
e the Second Amended JPA Agreement; and
2) A uth
orize the City Manager and City Attorney to execute any and all documents required for this matter.

BACKGROUND:

Visi
t Greater Palm Springs (V GPS) is the official tourism marketing agency for the Coachella Valley. Founded in May 1989 by a JPA comprising the cities of Palm Springs, Desert Hot Springs, Cathedral City, Rancho Mirage, Palm Desert, Indian Wells, La Quinta and Indio, VGPS was created as a public -private partnership to help grow the region’s tourism economy.  During the Study Session portion of the March 29 meeting, Scott White, President & CEO of VGPS, provided an update on their goals and objectives for 2024 and introduced the proposed amended and restated JPA agreement.

The proposed amended and restated JPA agreement is a result of the exploration and analysis of the public and private partnerships of VGPS and the business activities of VGPS. In order to amend the existing JPA Agreement, all existing parties (through their City Councils) must approve the amendment.

Item 1H - Page 1
The VGPS staff’s recommendation to the JPA was to approve (1) the addition of the City of Coachella as a member agency, (2) the expansion of the territorial boundaries of the JPA to include the City of Coachella, (3) the amendments to the purpose set forth in the JPA Agreement to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy, and (4) the creation of a 501(c)(6) entity, formerly the Board of Directors, to manage the destinati on activities of the JPA.

STAFF ANALYSIS:

In addition to the other administrative activities proposed in the S econd Amended Agreement (SAA), the adoption of the SAA by the JPA on February 26, 2024 includes specific benefit to the City of Palm Springs. As described in article 10(c) of the SAA, the JPA would adopt responsibilities for the development of strategic initiatives, including marketing, on behalf of regional economic development.

In preliminary discussion with VGPS economic development staff, in addition to the marketing of the region from an economic development perspective, VGPS staff plans to build on the tourism data already being collected, thereby providing additional data resources for economic development information sharing with potential business attraction candidates. By leveraging JPA staff and resources, Palm Springs stands to have additional layers of marketing for its economic development activities.

ENVIRONMENTAL ASSESSMENT
:

The extension of the Program considered at this time is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378. This action is an organizational or administrative activity by the City of Palm Springs in furtherance of its jurisdictional power and will not result in a direct or indirect physical change in the environment, per section 15378(b)(5) of the Guidelines.

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the City Council Strategic Plan 1 – Quality of Life: Economic Development, Business development initiatives.

FISCAL IMPACT:

Due to the additional responsibilities of economic development recruitment, VGPS staff is recommending that along with the broader benefits recognized by member agencies, a new fee structure be imposed. The new fee structure proposal is a minimum contribution of $35,000 or an amount derived using the current JPA formula (explained below) , whichever is the greater of the two.

Item 1H - Page 2
The current contributing members of the JPA pay according to a formula derived from a combination of 1) a contribution fee of .15% of gross room rental revenues for lodging establishments excluding convention hotels, and .35% of gross room rental revenue for convention hotels.

Since these numbers are based on gross room revenues, the data is incomplete to determine the JPA fee for the 2024-2025 JPA budget cycle. However, in the 2023-2024 JPA fiscal year, Palms Springs’ contribution was $874,599.17. To offer context, the 2 nd
closest fee amount paid by a participating city in the Coachella Valley was Palm Desert at $425,000.

Furthermore, during its review of the SAA, staff identified language in Section 12 “Contribution”, item (c) , which states that “ the annual contribution calculation shall not include any transient occupancy tax rebate incentives provided by the JPA Members. ” To date, the fees described above were calculated based on the formulas without any reduction by staff of the incentive amount paid to hotels in the program.

As a result, g oing forward, the City should reduce its room revenue reporting by the increment paid to hotels participating in the Hotel Incentive Program. To illustrate, in the prior year, the increment paid to hotels approximated $2.9M in the form of TOT rebate.

That amount would have translated to an approximate fee savings of $60,241 (7% reduction).

Therefore, assuming gross room revenues are equal or greater than the 2023- 2024 FY and given the revelation that the amount reported will be adjusted downward as a result of the subtraction of any incentives paid, the JPA contribution by the City of Palm Springs may possibly be adjusted downward from the 2023-2024 FY payment of $874,599.17.

REVIEWED BY:

Department Director: Wayne Olson
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles

ATTACHMENTS:

A. Visit Greater Palm Springs JPA Resolution # JPA 2024-003 B. Second Amended JPA Agreement – Redline
C. Second Amended JPA Agreement – Final Draft

Item 1H - Page 3

ATTACHMENT A

Item 1H - Page 4
DocuSign Envelope ID: 1D900B47-CD2B-49FF-A0AC-ED2FF9FAD161 Item 1H - Page 5
Gary Gardne r, Chair
City of Desert Hot Spr ings
Waymond Fermon , Vice Chair
City of Indio
Mark Carnevale
City of Cathedral City
Greg Sande rs
City of Indian Wells
Linda Evans
City of La Quinta
Jan Harnik
City of Palm Desert
Jeffrey Bernstein
City of Palm Spr ings
Steve Downs
City of Rancho Mirage
V. Manuel Perez
County of Riverside

JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
RESOLUTION NO. JPA 2024-003

A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE

OF VISIT GREATER PALM SPRINGS APPROVING AN AMENDMENT TO SECTION 12 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT

REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY

MEMBERS
WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority ("JPA") operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq. ), located in the County of Riverside, State of California; and WHEREAS, the JPA Executive Committee serves as the govern ing body of VGPS; and
WHEREAS, the JPA Executive Committee adopted the Joint Powers Agreement ("Amended and Restated Agreement ") on January 20, 2016 ("JPA Agreement") ; and
WHEREAS, section 12 of the JPA Agreement sets forth the contribution amounts for JPA Members' participation in the JPA. Pursuant to the JPA Agreement , the contribution amounts may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the JPA Member s' legislative bodies ; and
WHEREAS, in accordance with the above referenced sections of the JPA Agreemen t, the JPA Executive Committee now desires to revise the JPA Members ' contribution amounts as set forth below.

NOW, THEREFORE, BE IT RESOLVED by the JPA Executive Committee of Visit Greater Palm Springs as follows:

Section 1. Recitals.

That the Recita ls set forth above are true and correct .

Section 2. JPA Member Contributions.

That the JPA Executive Committee hereby approves and adopts the following amendment to section 12 ("Contributions") of the JPA Agreement:
(a) Initial Membership Fee . Each new JPA Member sha ll pay to the JPA a one-( l) time entry fee and operation fee calculated as follows:
(i)
(ii)
Entry Fee: The "Entry Fee" shall be calculated by multiplying the new JPA Member's current fiscal year 's gross revenue estimat e by .55%.

Operation Fee: The "Operation Fee" shall be calcu lated by multiplying the Entry Fee by 15.62%.

The sum of the Entry Fee and the Operat ion Fee is due within thirty (30) days of a new JPA Member joining the JPA.

DocuSign Envelope ID: 1D900B47-CD2B-49FF-A0AC-ED2FF9FAD161 Item 1H - Page 6
(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies. JPA Members' legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.

A contribution from each of the JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.

Section 3. Initial Membership Fee for the City of Coachella.

That the Entry Fee and Operation Fee for the City of Coachella for Fiscal Year 2023/2024 is $35,327 which has been calculated as follows:

Entry Fee: $5,555,555 x . .55% = $30,555
Operation Fee __ 3=0"-'-,5=5....,5.________,X_,___1'-"5'"'"'.6=2 .... %,,_o _= ___ _,4....._,7_,_7-=2 Initial Membership Fee $35,327
Section 4. That the President/Chief Executive Officer of VGPS and/or his designee shall take all reasonable steps to) seek the approval of the amendment to section 12 of the JPA Agreement by the legislative bodies of the JPA Members.

Section 5. Severablllty.

That the Executive Committee declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 6. Repeal of Conflicting Provisions.

That all the provisions heretofore adopted by Visit Greater Palm Springs or the Executive Committee that are in conflict with the provisions of this Resolution are hereby repealed.

Section 7. Effective Date.

That this Resolution shall take effect immediately upon its adoption.

Section 8. Certification.

That the Clerk of the Executive Committee shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
[Remainder of this page intentionally left blank.]
2 1 - Mark Carnevale (Cathedral City)

8 - Gary Gardner, Waymond Fermon, Greg Sanders, Linda Evans, Jan Harnik, Jeffrey Bernstein, Steve Downs, Joaquin Tijerina (Riverside County)
DocuSign Envelope ID: 1D900B47-CD2B-49FF-A0AC-ED2FF9FAD161 Item 1H - Page 7
PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority (JPA) Executive Committee of Visit Greater Palm Springs, held on the 29 day of March, 2024, by the following vote:

AYES:

NAYES: p
ABSENT:

ABSTAIN: (b
ATTEST:

Executive Committee
Visit Greater Palm Springs
~ Sarah Goslin,erktortheExecutive Committee
APPROVED AS TO FORM:
5832 / I ED9FC52f50 ...

Lena D. Wade, General Counsel
3 ATTACHMENT B

Item 1H - Page 8

Greater Palm Springs Convention & Visitors Bureau

VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)

A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500, et seq.

JANUARY 20, 2016
_________________, 2024
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TABLE OF CONTENTS

RECITALS ........................................................................................................................... 1 AGREEMENT ..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name ................................................................................................ 3 Section 5 InitialFirst Amended and Restated Agreement Superseded – Effective Date 3
Section 6 Termination ...................................................................................... 3 Section 7 CVBJPA Members .......................................................................... 4 Section 8 Additional Members ........................................................................ 4 Section 9 Governing Body ............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties ............................. 4 Section 11 Territorial Boundaries ...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity ............................................................................... 76 Section 15 Powers of the JPA ............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations ............................................. 9 Section 19 Treasurer – Duties and Responsibilities ........................................... 9 Formatted: Not Expanded by / Condensed by
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Section 20 Independent Audit ......................................................................... 10 Section 21 Auditor’s Duties ............................................................................ 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ....................................................................................... 1110 Section 24 Amendments .............................................................................. 1110 Section 25 Ambiguities or Uncertainties ......................................................... 11 Section 26 Applicable Law .............................................................................. 11 Section 27 Venue ............................................................................................. 11 Section 28 Notices ........................................................................................... 11 Section 29 Counterparts ................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12

EXHIBIT A
Territorial Boundaries .......................................................................................................... 16 Item 1H - Page 11
This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered heretointo by and between the cities of Cathedral City , Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California Government Code. (“Agreement”).The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”).

The parties to this Agreement are individually referred to herein as “CVBJPA Member” and collectively as “CVBJPA Members.”

RECITALS

WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority (“JPA”); and

WHEREAS, the CVBJPA Members entered into the original joint powers agreement on February 8, 1989, for the purpose to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the CVBJPA Members have in common; and

WHEREAS, it is intended by the CVBJPA Members that this Agreement shall be amendatory of the original joint powers agreement First Amended and Restated J oint Powers Agreement, dated February 8, 1989January 20, 20 16, including any subsequent amendments (“InitialFirst Amended and Restated Agreement”), and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement in its entirety as of the Effective Date; and

WHEREAS, the CVB Members, consisting of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside have consented to renaming the JPA to the “Greater Palm Springs Convention & Visitors Bureau” (“CVB”) for all purposes.

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set Formatted: Font: 12 pt
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forth, and intending to be legally bound hereby, the CVBJPA Members hereby covenant and agree as follows:

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Item 1H - Page 13

AGREEMENT

Section 1. Definitions

The following words, terms and phrases shall have the following meanings:

“Advisory Board” shall mean the board appointed by the JPA Executive Committee for the purposes described in paragraph (c) of Section 10.

“Additional JPA Members” shall mean qualified organizationsmunicipalities that may be added as members of CVBJPA as described in Section 8.

“Board of Directors ” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.

“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.

“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.

that provides facilities“JPA” shall mean the Joint Powers Authority and services designedmay also be referred to host meetings or gatherings within or upon the same premises of the hotel or within a facility (herein as VGPS.

“JPA Executive Committee” shall mean the JPA’s governing body formed for example: convention centers, auditoriums, outdoor venues, etc.) that is in close proximity of the hotelthe purposes and having the powers and duties set forth in Section 10.

“CVB Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.

“CVB“JPA Member” shall mean an organizationa municipality that is party to this Agreement.

“CVBJPA Members” shall mean, collectively, the organizationsmunicipalities that have entered into this Agreement.

“CVBJPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.

“Greater Palm Springs Convention & Visitors Bureau” or “CVB” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside.

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“Lodging Establishments,” as referenced in Section 10, Paragraph C, ” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, or any privatepublic or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.

“
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.

“JPA Executive Committee” shall mean the CVB’s governing body formed for the purposes and having the powers and duties set forth in Section 10.

A “Non-Convention Hotel” shall mean any structure, with the exception of the previously defined “Convention Hotels,” or any portion of any structure which is occupied or intended or designed for use or occupancy by transients including, but not limited to, dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, campground, mobile home or house trailer at a fixed location, or other like structure or portion thereof. Non-Convention Hotel includes a recreational vehicle, as defined in Cal. Health & Safety Code § 18010 and campgrounds.

Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement.

“President and Chief Executive Officer ” shall mean the individual employed by CVBVGPS, who is responsible for professionally supervising, managing , and administering CVB’sVGPS’s day-to day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.

“TBID” shall mean Tourism Business Improvement District assessment.

“Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of CVB’sVGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.

“Treasurer” shall mean the individual appointed by CVB’sVGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.

“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.

“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority Formatted: Right: 0"
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Item 1H - Page 15
formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals

The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose

The purpose of this AgreementVGPS is to form a joint powers authority to benefit all JPA Members and their constituents by jointly encourage, promote, and to do:

(a) Marketing, attracting, encouraging, promoting, and do ing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to attract visitors from national and international markets, all to the benefit of the CVB Members and their constituents.; and

(b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.

Section 4. Name

The name of the JPA shall be the ““Visit Greater Palm Springs Convention & Visitors Bureau” (“CVB” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote of the entire JPA Executive Committee.

Section 5. InitialFirst Amended and Restated Agreement Superseded - Effective Date

It is intended by the CVBJPA Members that this Agreement shall be amendatory of the InitialFirst Amended and Restated Agreement and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the CVBJPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the CVBJPA Members’ legislative bodies (“Effective Date”).

Section 6. Termination

(a) This Agreement may be terminated by unanimous vote of all the CVBJPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a CVBJPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing CVBJPA Member as described in Section 13; and

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(b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the CVBJPA Members’ treasuries in proportion to the CVBJPA Member Contributions made by the respective CVBJPA Member to the JPA.

(c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2 , any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 7. CVBJPA Members

The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 8. Additional Members

Additional CVBJPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as CVBJPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 9. Governing Body

(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: ( i) a duly elected or appointed council member of each city CVBJPA Member; and (ii) a member of the Riverside County Board of Supervisors.

(b) Only those members of the JPA Executive Committee, whose agencies pay the CVBJPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties

The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business of the JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:

(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;

(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s Formatted: Condensed by 0.1 pt
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Item 1H - Page 17
subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;

(c) Appoint an advisory board consisting(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other f unctions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate by the JPA Executive Committee;. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee.

(d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each CVBJPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on;

(e) Employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day -to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as the JPA Executive Committee may designate;

(f) (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and

(g)(f) Create any committees, sub -committees, advisory committees and advisory boardscommittees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.

(h)(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Formatted ...

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Item 1H - Page 18
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Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar powers.

Section 11. Territorial Boundaries

The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Sp rings, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the CVBVGPS may only be changed by a two -thirds vote of the JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies.

Section 12. Contributions

(a) Initial Membership Fee . Each CVBnew JPA Member shall pay to the JPA a one-(1) time entry fee and operation fee calculated as follows:

(i) Entry Fee: The “Entry Fee” shall be calculated by multiplying the new JPA Member’s current fiscal year’s gross revenue estimate by .55%.

(ii) Operation Fee: The “Operation Fee” shall be calculated by multiplying the Entry Fee by 15.62%.

The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.

(a)(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies. The provisions of this section may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote of the CVB JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.

A contribution from each of the CVBJPA Members is a funding mechanism equal to:

.0015 x Gross Room Rental Revenue for Non-Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels

(b)(a) The Gross Hotel Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the CVBJPA Members.

Section 13. Withdrawal

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Any Party may withdraw as a CVBJPA Member and the obligations under this Agreement subject to the following conditions:

(a) The withdrawing CVBJPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice of Withdrawal.

(b) The effective date of withdrawal shall always be the last day of the CVB’VGPS’ s Fiscal Year.

(c) All CVBJPA Member Contributions must be paid in full by the withdrawing CVBJPA Member through the end of the current CVBVGPS Fiscal Year of the year when the withdrawing CVBJPA Member provides its Notice of Withdrawal as well as the following CVBVGPS Fiscal Year.

(d) After giving notice of withdrawal, a withdrawing CVBJPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through the effective date of withdrawal.

(e) A withdrawing CVBJPA Member may again become a party to this Agreement on condition that it pays to the treasury of the CVBVGPS an amount equal to all CVBJPA Member Contributions which the withdrawing CVBJPA Member would have been required to pay if it had not withdrawn from participation.

(f) Partners within the territorial boundaries of the CVBVGPS may remain active Partners as long as their respective government entity is a CVBJPA Member and during the period of their CVBJPA Member’s withdrawal from the Joint Powers Agreement.

(g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.

Section 14. Expulsion/Withdrawal

A JPA Member may be expelled or suspended by a two -thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 15. Separate Entity

PursuantExcept for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA Formatted: Condensed by 0.1 pt
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Item 1H - Page 20
shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one CVBJPA Member except that any CVBJPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

Section 1516. Powers of the JPA

Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:

(a) The power to make, enter into and perform all necessary contracts;

(b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties;

(c)(b) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services;

(d)(c) The power to acquire, construct, manage, maintain or operate any building, works or improvements;

(e)(d) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(f)(e) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(g)(f) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA;

(h)(g) The power to donate any surplus real or personal property to any public agency or nonprofit organization;

(i)(h) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract;

(j)(i) The power to raise revenue for any public purpose consistent with the JPA ’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq;

(j) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property Formatted: Right: 0"
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Item 1H - Page 21
and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish , modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this agreementAgreement by the CVBJPA Members constitutes consent: (i) to :

(k)(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the CVB in connection with formation of the said district (“2013 TMD”); (ii) to form an improvement district not to exceed an assessment rate of one percent (1%) on Lodging Establishments not currently being assessed under the 2013 TMD or the Palm Springs Desert Resort Communities Tourism Business Improvement District established by Ordinance No. 883 of the County of Riverside (“Tourism BID”); and (iii) to consolidate the 2013 TMD and Tourism BID as long as the overall assessment rate does not exceed three percent (3%) on the entities currently being assessed therein;VGPS in connection with formation of the said district (“2013 TMD”); and

(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;

(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals;

(l)(k) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA;

(m)(l) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;

(n)(m) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the Government Code;

(o)(n) The power to provide insurance pursuant to section 989 of the Government Code, et seq.;

(p)(o) The power to sue and be sued in the name of the JPA;

(q)(p) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors , groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;

(r)(q) The power to travel domestically and internationally that is necessary or proper Formatted: Indent: Left: 0", First line: 1", Right: 0", Numbered + Level: 1 + Numbering Style: i, ii, iii, … +
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to carrying out the purposes and intent of the JPA;

(s)(r) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;

(t)(s) The power to lobby on behalf of travel and tourism; and economic development;

(u)(t) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the hospitality, convention and tourism and economic development industry; and

(v)(u) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

Section 1617. Power to Invest

Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

Section 1718. Bonding

Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:

(a) President/Chief Executive Officer;

(b) Director of Finance; and

Section 1819. Treasurer and Auditor - Designations

Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.

Section 1920. Treasurer - Duties and Responsibilities

Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:

(a) Receive and receipt (account) for all money of the JPA and place it in the Formatted ...

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Item 1H - Page 23
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treasury of the Treasurer so designated to the credit of the JPA;

(b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; Pay, when due, out of money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;

(c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;

(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and

(e) Verify and report in writing on the first day of July, October, January and April of eachno less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties the amount of money the Treasurer holds financial statement of activities for the JPA, the amount of receipts since the Treasurer’s last report, and the amount paid out since the Treasurer’s last reportyear.

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Section 2021. Independent Audit

Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

Section 2122. Auditor’s Duties

The Auditor shall perform the following duties:

(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;

(b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee;

(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in the reports;

(e) Review investments made by the President or Treasurer;

(f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and

(g) Assist staff in the selection of the Certified Public Accounting firm.

Section 2223. Attorney’s Fees

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.

Section 24. Voting

Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated.

Section 25. Severability

If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Formatted: Right: 0"
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Item 1H - Page 25
Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Item 1H - Page 26
Section 2326. Waiver

All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 2427. Amendments

This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 2528. Ambiguities or Uncertainties

The CVBJPA Members have mutually negotiated the terms and conditions of this Agreement and each CVBJPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of all CVBJPA Members and none of the CVBJPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any CVBJPA Member.

Section 2629. Applicable Law

This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 2730. Venue

In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

Section 2831. Notices

Any notice or communication required hereunder between the JPA and the CVBJPA Members shall be in writing, and may be given either personally or by registered mail, return receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

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Item 1H - Page 27

City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Desert Hot Springs
11711 West DriveCoachella
Desert Hot Springs53990
Enterprise Way
Coachella, CA 92240 92236
Attention: City Manager
City of Indian Wells 44950 El
DoradoDesert Hot Springs
Indian Wells11999 Palm Drive
Desert Hot Springs, CA
9221092240 Attention: City
Manager
City of IndioIndian
Wells 44950 Eldorado
Drive
Indian Wells100 Civic
Center Mall Indio, CA
9220192210 Attention:

City Manager
City of La Quinta 78495 Calle TampicoIndio
100 Civic Center Mall La
Quinta
Indio, CA 92253 92201
Attention: City Manager
City of Palm Desert
La Quinta 78495
Calle Tampico
73510 Fred Waring Drive
Palm DesertLa Quinta,
CA 9226092253
Attention: City Manager
City of Palm SpringsDesert
3200 East Tahquitz Canyon Way
73510 Fred Waring Drive
Palm SpringsDesert, CA
9226292260
Attention: City Manager
City of Rancho Mirage 69-825 Highway
111Palm Springs
Rancho Mirage3200 East
Tahquitz Canyon Way Palm
Springs, CA 9227092262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County ClerkCity
Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk

Section 2932. Counterparts

This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 3033. Privileges and Immunities

Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, Formatted: Normal, Left
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disability, workmen ’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. Formatted: Character scale: 105% Item 1H - Page 29

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

Item 1H - Page 30
IN WITNESS WHEREOF, the duly authorized representatives of the CVBJPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY

____________________________________
_____________________,________________
_________________
Mark Carnevale, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Charlie McClendon, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Eric S. Vail, City Attorney

CITY OF DESERT HOT

SPRINGSCOACHELLA

____________________________________
_____________________,________________
_________________
Steven Hernandez, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Gabriel Martin, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Angela M. Zepeda, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Carlos Campos, City Attorney

CITY OF INDIAN WELLS DESERT

HOT SPRINGS

____________________________________
_____________________,________________
_________________
Scott Matas, Mayor

____________________________________
_____________________,Dated:

CITY OF INDIOINDIAN WELLS

____________________________________
_____________________,
_________________________________
Greg Sanders, Mayor

____________________________________
_____________________,Dated:
___________________________
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Item 1H - Page 31
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___________________________

_________________________________
Frank Luckino, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Daniel McVey, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Jennifer Mizrahi, City Attorney

_________________________________
Christopher Freeland, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Angelica Avila, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Todd Leishman, City Attorney

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Item 1H - Page 32
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CITY OF LA QUINTAINDIO

____________________________________
_____________________,________________
_________________
Guadalupe Ramos Amith, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Bryan Montgomery, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Cynthia Hernandez, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Steven P. Graham, City Attorney

CITY OF PALM DESERTLA QUINTA

____________________________________
_____________________,________________
_________________
Linda Evans, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Jon McMillen, City Manager

ATTEST:

____________________________________
___________________,__________________
_______________
Monika Redeva, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
William H. Ihrke, City Attorney

CITY OF PALM SPRINGSDESERT

____________________________________
_____________________,________________
_________________
Karina Quintanilla, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Todd Hileman, City Manager

CITY OF RANCHO MIRAGE PALM

SPRINGS

____________________________________
_____________________,________________
_________________
Jeffrey Bernstein, Mayor

____________________________________
_____________________,Dated:
___________________________

_________________________________
Scott Stiles, City Manager

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Item 1H - Page 33
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ATTEST:

____________________________________
___________________,__________________
_______________
Anthony Mejia, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Isra Shah, City Attorney

ATTEST:

____________________________________
___________________,__________________
_______________
Brenda Pree, City Clerk

APPROVED AS TO FORM:

____________________________________
________________________,_____________
___________________
Jeffrey Ballinger, City Attorney

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Item 1H - Page 34
I
J

COUNTYCITY OF RIVERSIDERANCHO
MIRAGE

____________________________________
_____________________,_______________________
__________
Steve Downs, Mayor

Dated: ___________________________

_________________________________
Isaiah Hagerman, City Manager
Chairman

____________________________________
_____________, County Executive Officer

ATTEST:

____________________________________
___________________,________________________
_________
Kristie Ramos, City Clerk of the Board

APPROVED AS TO FORM:

____________________________________
________________________, County Counsel
________________________________
Steven B, Quintanilla, City Attorney

COUNTY OF RIVERSIDE

_____________________________
_______
Chuck Washington, Chairman

_____________________________
_______
Jeff Van Wagenen, County
Executive Manager

ATTEST:

_____________________________
_______
Kimberly A. Rector, Clerk of the
Board

APPROVED AS TO FORM:

_____________________________
_______
Minh Tran, County Counsel

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Item 1H - Page 35
.
----
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EXHIBIT A

TERRITORIAL BOUNDARIES Formatted: Font: 11 pt
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I ._
~\]========~

ATTACHMENT C

Item 1H - Page 38

VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)

A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq.

_________________, 2024
Item 1H - Page 39

TABLE OF CONTENTS

RECITALS ........................................................................................................................... 1 AGREEMENT ..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name ................................................................................................ 3 Section 5 First Amended and Restated Agreement Superseded – Effective Date 3 Section 6 Termination ...................................................................................... 3 Section 7 JPA Members .................................................................................. 4 Section 8 Additional Members ........................................................................ 4 Section 9 Governing Body ............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties ............................. 4 Section 11 Territorial Boundaries ...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity ................................................................................. 6 Section 15 Powers of the JPA ............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations ............................................. 9 Section 19 Treasurer – Duties and Responsibilities ........................................... 9 Section 20 Independent Audit ......................................................................... 10 Item 1H - Page 40
Section 21 Auditor’s Duties............................................................................. 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ........................................................................................... 10 Section 24 Amendments .................................................................................. 10 Section 25 Ambiguities or Uncertainties ......................................................... 11 Section 26 Applicable Law .............................................................................. 11 Section 27 Venue ............................................................................................. 11 Section 28 Notices ........................................................................................... 11 Section 29 Counterparts ................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12

EXHIBIT A
Territorial Boundaries .......................................................................................................... 16 Item 1H - Page 41
This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”). The parties to this Agreement are individually referred to herein as “JPA Member ” and collectively as “JPA Members.”

RECITALS

WHEREAS, the JPA Member s entered into the original joint powers agreement on February 8, 1989, to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the JPA Members have in common; and

WHEREAS, it is intended by the JPA Member s that this Agreement shall be amendatory of the First Amended and Restated J oint Powers Agreement, dated January 20, 2016, including any subsequent amendments (“First Amended and Restated Agreement”), and shall restate, amend and supersede the First Amended and Restated Agreement in its entirety as of the Effective Date; and

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows:

Item 1H - Page 42

AGREEMENT

Section 1. Definitions

The following words, terms and phrases shall have the following meanings:

“Additional JPA Members” shall mean qualified municipalities that may be added as members of JPA as described in Section 8.

“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.

“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.

“JPA” shall mean the Joint Powers Authority and may also be referred to herein as VGPS.

“JPA Executive Committee” shall mean the JPA’s governing body formed for the purposes and having the powers and duties set forth in Section 10.

“JPA Member” shall mean a municipality that is party to this Agreement.

“JPA Members” shall mean, collectively, the municipalities that have entered into this Agreement.

“JPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.

“Lodging Establishments” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.

“Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement.

“President and Chief Executive Officer” shall mean the individual employed by VGPS, who is responsible for professionally supervising, managing , and administering VGPS’s day- to day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.

“TBID” shall mean Tourism Business Improvement District assessment.

“Technical Advisory Committee” or “TAC” shall mean the committee which may be Item 1H - Page 43
appointed by a majority vote of VGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.

“Treasurer” shall mean the individual appointed by VGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.

“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.

“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals

The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose

The purpose of VGPS is to benefit all JPA Members and their constituents by jointly:

Section 4. Name

The name of the JPA shall be “Visit Greater Palm Springs ” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two -thirds vote of the entire JPA Executive Committee.

Section 5. First Amended and Restated Agreement Superseded - Effective Date

It is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Agreement and shall restate, amend and supersede the First Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the JPA Members’ legislative bodies (“Effective Date”).

Section 6. Termination

Item 1H - Page 44
(a) This Agreement may be terminated by unanimous vote of all the JPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a JPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing JPA Member as described in Section 13; and

(b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the JPA Members’ treasuries in proportion to the JPA Member Contributions made by the respective JPA Member to the JPA.

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 7. JPA Members

Section 8. Additional Members

Additional JPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 9. Governing Body

(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: ( i) a duly elected or appointed council member of each city JPA Member; and (ii) a member of the Riverside County Board of Supervisors.

(b) Only those members of the JPA Executive Committee, whose agencies pay the JPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties

(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;

(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other p ersons from any other industry deemed appropriate. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

(d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each JPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on;

(e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and

(f) Create any committees, sub-committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.

(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar powers.

Section 11. Territorial Boundaries

The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Sp rings, Item 1H - Page 46
Indian Wells, Indio, La Quinta, Palm Springs, Palm Dese rt and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies.

Section 12. Contributions

(a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one -(1) time entry fee and operation fee calculated as follows:

(i) Entry Fee: The “Entry Fee” shall be calculated by multiplying the new JPA Member’s current fiscal year’s gross revenue estimate by .55%.

(ii) Operation Fee: The “Operation Fee” shall be calculated by multiplying the Entry Fee by 15.62%.

The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.

(b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies. JPA Members’ legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.

A contribution from each of the JPA Members is a funding mechanism equal to:

.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels

(c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.

Section 13. Withdrawal

Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions:

(a) The withdrawing JPA Member ’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice of Withdrawal. (b) The effective date of withdrawal shall always be the last day of the VGPS’ s Fiscal Year.

(c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice of Withdrawal as well as the following VGPS Fiscal Year.

(d) After giving notice of withdrawal, a withdrawing JPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through Item 1H - Page 47
the effective date of withdrawal.

(e) A withdrawing JPA Member may again become a party to this Agreement on condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation.

(f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member’s withdrawal from the Joint Powers Agreement.

Section 14. Expulsion/Withdrawal

Section 15. Separate Entity

Except for termination as provided in Section 6 of this Agreement, p ursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become the de bts, liabilities, or obligations of any one JPA Member except that any JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

Section 16. Powers of the JPA

Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:

(a) The power to make, enter into and perform all necessary contracts;

(b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties;

(d) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services;

(e) The power to acquire, construct, manage, maintain or operate any building, Item 1H - Page 48
works or improvements;
(f) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(g) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;

(h) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA;

(i) The power to donate any surplus real or personal property to any public agency or nonprofit organization;

(j) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract;

(k) The power to raise revenue for any public purpose consistent with the JPA ’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq;

(l) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish , modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this Agreement by the JPA Members constitutes consent to:

(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district (“2013 TMD”); and

(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;

(m) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA;

(n) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
Item 1H - Page 49

(o) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code;

(p) The power to provide insurance pursuant to section 989 of the Government Code et seq.;

(q) The power to sue and be sued in the name of the JPA;

(r) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;

(s) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA;

(t) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;

(u) The power to lobby on behalf of tourism and economic development;

(v) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and

(w) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

Section 17. Power to Invest

Section 18. Bonding

Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:

(a) President/Chief Executive Officer;

(b) Director of Finance; and

Item 1H - Page 50
(c) Treasurer.

Section 19. Treasurer and Auditor - Designations

Section 20. Treasurer - Duties and Responsibilities

Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:

(a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA;

(b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer;

(c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;

(e) Verify and report in writing no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial statement of activities for the year.

Section 21. Independent Audit

Section 22. Auditor’s Duties

The Auditor shall perform the following duties:

(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;

(b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee;

(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in Item 1H - Page 51
the reports;

(e) Review investments made by the President or Treasurer;

(f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and

(g) Assist staff in the selection of the Certified Public Accounting firm.

Section 23. Attorney’s Fees

Section 24. Voting

Section 25. Severability

Item 1H - Page 52
Section 26. Waiver

All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 27. Amendments

This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Co mmittee and a unanimous vote of the JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 28. Ambiguities or Uncertainties

The JPA Members have mutually negotiated the terms and conditions of this Agreement and each JPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein.

As such, this Agreement is a product of the joint drafting efforts of all JPA Members and none of the JPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any JPA Member.

Section 29. Applicable Law

This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 30. Venue

Section 31. Notices

Any notice or communication required hereunder between the JPA and the JPA Members shall be in writing and may be given either personally or by registered mail, return receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

Item 1H - Page 53
City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attention: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
City of Indian Wells
44950 El dorado Drive
Indian Wells, CA 92210
Attention: City Manager
City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk

Section 32. Counterparts

This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 33. Privileges and Immunities

Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen ’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extrate rritorially under the provisions of this Agreement.

[SIGNATURES APPEAR ON THE FOLLOWING PAGES]

Item 1H - Page 54
IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY

_________________________________
Mark Carnevale, Mayor

Dated: ___________________________

_________________________________
Charlie McClendon, City Manager

ATTEST:

_________________________________
Tracey R. Hermosillo, City Clerk

APPROVED AS TO FORM:

________________________________
Eric S. Vail, City Attorney

CITY OF COACHELLA

_________________________________
Steven Hernandez, Mayor

Dated: ___________________________

_________________________________
Gabriel Martin, City Manager

ATTEST:

_________________________________
Angela M. Zepeda, City Clerk

APPROVED AS TO FORM:

________________________________
Carlos Campos, City Attorney

CITY OF DESERT HOT SPRINGS

_________________________________
Scott Matas, Mayor

Dated: ___________________________

_________________________________
Frank Luckino, City Manager

ATTEST:

_________________________________
Daniel McVey, City Clerk

APPROVED AS TO FORM:

________________________________
Jennifer Mizrahi, City Attorney

CITY OF INDIAN WELLS

_________________________________
Greg Sanders, Mayor

Dated: ___________________________

_________________________________
Christopher Freeland, City Manager

ATTEST:

_________________________________
Angelica Avila, City Clerk

APPROVED AS TO FORM:

________________________________
Todd Leishman, City Attorney

Item 1H - Page 55

CITY OF INDIO

_________________________________
Guadalupe Ramos Amith, Mayor

Dated: ___________________________

_________________________________
Bryan Montgomery, City Manager

ATTEST:

_________________________________
Cynthia Hernandez, City Clerk

APPROVED AS TO FORM:

________________________________
Steven P. Graham, City Attorney

CITY OF LA QUINTA

_________________________________
Linda Evans, Mayor

Dated: ___________________________

_________________________________
Jon McMillen, City Manager

ATTEST:

_________________________________
Monika Redeva, City Clerk

APPROVED AS TO FORM:

________________________________
William H. Ihrke, City Attorney

CITY OF PALM DESERT

_________________________________
Karina Quintanilla, Mayor

Dated: ___________________________

_________________________________
Todd Hileman, City Manager

ATTEST:

_________________________________
Anthony Mejia, City Clerk

APPROVED AS TO FORM:

________________________________
Isra Shah, City Attorney

CITY OF PALM SPRINGS

_________________________________
Jeffrey Bernstein, Mayor

Dated: ___________________________

_________________________________
Scott Stiles, City Manager

ATTEST:

_________________________________
Brenda Pree, City Clerk

APPROVED AS TO FORM:

________________________________
Jeffrey Ballinger, City Attorney

Item 1H - Page 56

CITY OF RANCHO MIRAGE

_________________________________
Steve Downs, Mayor

Dated: ___________________________

_________________________________
Isaiah Hagerman, City Manager

ATTEST:

_________________________________
Kristie Ramos, City Clerk

APPROVED AS TO FORM:

________________________________
Steven B, Quintanilla, City Attorney

COUNTY OF RIVERSIDE

____________________________________
Chuck Washington, Chairman

____________________________________
Jeff Van Wagenen, County Executive
Manager

ATTEST:

____________________________________
Kimberly A. Rector, Clerk of the Board

APPROVED AS TO FORM:

____________________________________
Minh Tran, County Counsel

Item 1H - Page 57

EXHIBIT A

TERRITORIAL BOUNDARIES
Item 1H - Page 58

CITY COUNCIL STAFF REPORT

DATE: APRIL 25, 2024 CONSENT CALENDAR

SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2096 AMENDING SECTION 16.37.005 OF THE PALM SPRINGS MUNICIPAL

CODE RELATING TO THE SIGNAGE REGARDING REGULATORY

MEASURES APPLICABLE TO TRANSPORTATION NETWORK

COMPANIES

FROM: Scott C. Stiles, City Manager

BY: Department of Aviation

SUMMARY:

This is the second reading of an ordinance amending the Palm Springs Municipal Code Section 16.37 .005 Regulatory Measures to remove a signage requirement outlining regulations of Transportation Network Companies (TNC) such as Lyft and Uber at the Airport.

RECOMMENDATION:

Waive the second reading of the ordinance text in its entirety, read by title only, and adopt Ordinance No. 2096 entitled, “ AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.37.005 OF THE PALM SPRINGS MUNICIPAL

CODE RELATING TO SIGNAGE REGARDING REGULATORY MEASURES
APPLICABLE TO TRANSPORTATION NETWORK COMPANIES.”

STAFF ANALYSIS:

On April 11, 2024, Ordinance No. 2096 was introduced for first reading, as noted below:

MOTION BY COUNCIL MEMBER HOLSTEGE, SECOND BY MAYOR, CARRIED 5-0 to waive the reading of the ordinance text in its entirety, read by title only, and introduce Ordinance No. 2096 entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 16.37.005 OF THE PALM SPRINGS MUNICIPAL

CODE RELATING TO SIGNAGE REGARDING REGULATORY MEASURES
APPLICABLE TO TRANSPORTATION NETWORK COMPANIES.”

Item 1I - Page 1
City Council Staff Report
April 25, 2024 -- Page 2
TNC Regulatory Measures Ordinance – 2nd Reading & Adoption

City Attorney’s Summary: This Ordinance revises Section 16.37.005 of the Palm Springs Municipal Code to remove a signage requirement outlining regulations of Transportation Network Companies such as Lyft and Uber.

This report provides for the City Council to waive further reading and adopt the ordinance.

The ordinance shall be effective 30 days from adoption.

REVIEWED BY:

Department Director: Harry Barrett Jr.

City Attorney: Geremy Holm
City Manager: Scott Stiles

ATTACHMENTS:

A. Ordinance No. 2096
Item 1I - Page 2

ATTACHMENT A
ORDINANCE NO.2096
Item 1I - Page 3
55575.18160\42011404.1
ORDINANCE NO. 2096

AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING SECTION 16.37.005 OF THE

PALM SPRINGS MUNICIPAL CODE RELATING TO

SIGNAGE REGARDING REGULATORY MEASURES

APPLICABLE TO TRANSPORTATION NETWORK

COMPANIES
City Attorney’s Summary
This Ordinance revises Section 16.37.005 of the Palm
Springs Municipal Code to remove a signage requirement
outlining regulations of Transportation Network Companies such as Lyft and Uber.

WHEREAS, the City of Palm Springs is a charter city , organized pursuant to Article XI of the California Constitution and pursuant to the authority so granted, the City has the power to make and enforce within its limits all ordinances and regulations with respect to municipal affairs not in conflict with its own charter; and such police powers include, without limitation , the ability to adopt regulations pertaining generally to the protection and promotion of the public health, safety, and welfare; and WHEREAS, Chapter 16.37 of the Palm Springs Municipal Code (“PSMC”) outlines rules a nd regulations regarding the operation of Transportation Network Companies at the Palm Springs International Airport (“Airport”); and WHEREAS, Section 16.37.005(d) of the PSMC requires certain signage to be posted on the Airport related to the operation of Transportation Network Companies; and
WHEREAS, Airport staff desires to remove this signage from the Airport; and WHEREAS, the PSMC is required to be amended to allow this signage to be removed from the Airport; and
WHEREAS, the purpose of this Ordinance is to remove this signage requirement from the PSMC; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Incorporation of Recitals. The City Council finds that all the facts, findings, and conclusions set forth above in this Ordinance are true and correct.

Item 1I - Page 4
55575.18160\42011404.1

Ordinance No. 2096

Page 2 ends

Palm Springs City CouncilApril 25, 2024

Palm Springs City Council
April 25, 2024