3.15.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.15.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.15.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its officials, employees, agents and volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.15.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.15.3.4 All Coverages. Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and volunteers.
3.15.4 Builders’/All Risk Policy Requirements . The builders’/all risk insurance shall provide that the City be named as loss payee. In addition, the insurer shall waive all rights of subrogation against the City.
3.15.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and volunteers.
Item 1F - Page 21
3.15.6 Professional Liability Insurance. All architects, engineers, consultants or design professionals retained by Contractor shall also procure and maintain, for a period of five (5) years following completion of the Contract, errors and omissions liability insurance with a limit of not less than $1,000,000 per occurrence. This insurance shall name the City, its directors, officials, officers, employees, agents and volunteers as additional and insureds with respect to Work performed, and shall otherwise comply with all requirements of this Section. Defense costs shall be paid in addition to the limits.
3.15.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
3.15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.15.9 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.15.10 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employees, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
3.15.11 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.16 Bond Requirements.
3.16.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.2 Performance Bond. If specifically requested by City in Exhibit “B” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a Item 1F - Page 22
form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.16.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.16.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.
3.17 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Work or non- conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work.
Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non- conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense.
Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
Item 1F - Page 23
3.18 Employee/Labor Certifications.
3.18.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “ C” and incorporated herein by reference, shall be executed simultaneously with this Contract.
3.18.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.18.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.19 Termination. This Contract may be terminated by City at any time, either with our without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
3.20 City Officers and Employees: Non-Discrimination.
3.20.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor -in-interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
3.20.2 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Contract nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Contract 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 Contract.
Item 1F - Page 24
3.20.3 Covenant Against Discrimination. In connection with its performance under this Contract, 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 Contract, and in executing this Contract, 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, demot ion 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.
3.21 General Provisions.
3.21.1 City’s Representative. The City hereby designates Aaron Bergeson, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.21.2 Contractor’s Representative. Before starting the Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.21.3 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision shall be binding upon Contractor.
3.21.4 Anti-Trust Claims . This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and Item 1F - Page 25
become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.21.5 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR: NATA CONSTRUCTION, INC.
32564 CULLEN CT.
WINCHESTER, CA 92596
ATTN: MICHAEL DE LA TORRE
CITY: CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92262
ATTN: CITY MANAGER & CITY CLERK
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.21.6 Time of Essence. Time is of the essence in the performance of this Contract.
3.21.7 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.21.8 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.21.9 Laws; Venue. This Contract shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Contract, the action shall be brought in a state or federal court situated in the County of Riverside, State of California.
3.21.10 Attorneys’ Fees. If either Party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys’ fees and all other costs of such action.
3.21.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.21.12 Successors . The Parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
Item 1F - Page 26
3.21.13 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid, nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.21.14 Certification of License.
3.21.14.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.21.14.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.21.15 Authority to Enter Contract. Each Party warrants that the individuals who have signed this Contract have the legal power, right and authority to make this Contract and bind each respective Party.
3.21.16 Entire Contract; Modification. This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.21.17 Non-Waiver. None of the provisions of this Contract shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.21.18 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects.
3.22 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 “F ” (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 27
SIGNATURE PAGE TO CONSTRUCTION AGREEMENT
BY AND BETWEEN THE CITY OF PALM SPRINGS AND NATA CONSTRUCTION, INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.
CONTRACTOR:
By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
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 28
EXHIBIT “A”
SERVICES / SCHEDULE
[SCOPE OF SERVICES]
Item 1F - Page 29
1.1 Background:
The City of Palm Springs is in need of new ADA-compliant bleachers at the Palm Springs Powers Baseball Stadium, located at 1901 E Baristo Rd, Palm Springs, CA 92262.
1.2 Scope:
A. Contractor shall furnish all parts, materials, tools, equipment, labor, and supervision to remove and replace approximately 122 feet of bleachers at the Palm Springs Powers Baseball Stadium, located at 1901 E Baristo Rd, Palm Springs, CA 92262.
B. The work requires design, engineering, permit processing, excavation, footings, connections, and installation of new ADA-compliant bleachers.
C. Contractor shall conduct site visits and handle mobilizations.
D. All work must conform to the City of Palm Springs Standard Drawings and Specifications and Standards for Public Works Construction (Latest Edition), or as directed by the City’s Project Manager.
E. The work includes but is not limited to the following:
a. Demolition and Disposal:
i. Contractor shall safely remove and dispose of existing 122 feet (LF) bleachers.
ii. Contractor is responsible for field verification before proceeding. b. Stamped Drawings for New ADA-Compliant Bleachers:
i. Contractor shall provide professional stamped drawings for 122 LF, 10-row bleachers.
ii. Designs must meet ADA compliance standards and local building codes.
c. Permit Processing:
i. Contractor shall the area for a reinforced concrete pad, as per local code requirements handle all necessary permit processing with the City of Palm Springs.
ii. Contractor shall ensure all permits are acquired before starting construction.
d. Excavation for Reinforced Concrete Pad Installation:
i. Contractor shall excavate the area for a reinforced concrete pad, as per local code requirements.
ii. Depth to be determined by concrete requirements and field verification.
e. Reinforced Concrete Pad Installation:
i. Contractor shall install a reinforced concrete pad, approximately 22' x 122' x 4" (subject to local code requirements).
ii. Process includes grading, compacting, and all necessary labor and materials.
iii. Field verification required for final specifications.
Item 1F - Page 30
f. Bleacher Delivery and Offloading:
i. Contractor will receive and offload new bleachers at the project site. ii. Contractor will coordinate delivery with the project schedule. g. Bleacher Installation:
i. Contractor will provide, assemble, and install new aluminum angle understructure bleachers with the following specifications:
1. 8” Rise / 24'' Run
2. 2 x 10 anodized aluminum seat plank with poly end caps
3. Double 2 x 10 mill finish aluminum foot plank with aluminum end caps
4. 1 x 6 riser rows 2 - 9, and (2) 1 x 6 top row risers mill finish
5. (3) 4'-6" wide vertical aisle with mid aisle handrail
6. Chain link guardrail system
7. 8 Wheelchair spaces
8. Concrete wedge anchors
9. Submittals required for approval.
1.3 Schedule:
Work will commence on issuance of agreement and all work shall be completed by November 30, 2024.
1.4 Compensation:
Work will be compensated on a lumpsum basis. 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. All invoices are to be sent as one document to: [email protected]
.
Item 1F - Page 31
Item 1F - Page 32
ATTACH ENTG
B DFO,RM
INVITATmN FOR I11HM (IIPll!I ,L-t 1),
BLEACHERS, FOR PALMI SPRINGS POWERS BASEBALL STAIDIIU1
Responding to this IFB for bleachers for the Palm Springs Powers Baseball Stadium, tne undersr,gned biddP.r ,-irnp0$e-$ ~ ~gre@s ro provide the s:ervl~e; :.ind work ·n accordancee with 1he $1Jecffic.ations. Bidder pn.11>~ am:l ag rea. tu -rurnish all abor. eQutpment. ma~1a1s. s.upel'\iisio . and service necessary to, complete said Work in accorda nce w ith 1he Specifications of the City of Palm Springs arid will acoept as. full payment therefore , the following unit cost amounts , The City of Palm Springs. will not aooe:pt any additional charges,, fees, etc. that are not already included or Incorpo rated In tM M low UM costs. ·
fTEM ID ES:C RIPTIONI UNIT ESTIMATED SUBT10TAL QUANTITY 1 Blcachel'3 for the ralm Springs rowers LUMP
Baseball Staa1um per scope .. SIJM $182.315 .16
TOTAL {Enter this armount in PltnetSi,ds) $182,315.1 B
Attach Bleacner spee1ncaUoii ilifl.nts I tleta Is to this torm .
Firm Namo:. _ _ N_A_T_·A_C_O_N_S_T_--_R_U_C_T_IO_·_N_, _IN_C.:_. ______ _ DIR Number. '100000 '1913
contractor, uoon .. , EM3562 • B ~ /
Signatu~ ~ A~•r~ed Pe~nc ~,; 3
Printed Namlil; Ho aclo, O!=!,laiU1rre
1 rfloc Pr, oident ~
0.10 1- #
EXHIBIT “B”
SPECIAL CONDITIONS
ARTICLE 1. BONDS
Concurrently with this Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “E” to the Contract. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
Item 1F - Page 33
EXHIBIT “C”
Item 1F - Page 34
ATT ACHMIENIT M
CERTIFICATION
lJ\BOR CODE - SECTION 1861
I, the undersigned Contrac tor, am aware of the pro'!Jisions of Seotinn 3700, fil ~ .. of the Califo nia Labor Code which require every employer to be insured .against liabiltty for Worker' Gompensaitlon or to undertake self-in!';11r.innP. in i:i~Cf.!rdance with the prov fi lOni oHhil Code, and I, the, 1.mdeB.!gned Contraci!or, agree to and will corn1,,1 y with sucr1 provls!o-ns before comme c111a the performance of the Wort on this Contract
By: ~~· ··.~·. -"""""',_ ; __ ~ =-~~-
l=I oraclo Delatorre
Name {~nnt)
President
NATA CONSTR UCTION, INC.
Oontractor Name (Frint}
EXHIBIT “D”
Item 1F - Page 35
ATTACHMENT I
~UBLIC WORKS CONTRACTOR REGISTRATION CER I lt-lUA I ION Pursuant to ,Labor Code sections 1172.5.5 and 1771, 1, all contractors and S-UbCtlntractors th at. wish to bid on, be listed in a biQ ~ropos!i!I, or enter Into a <::ontract t0 1pet1orm pub'lic work must be regi:stered wm1 the 0~1,R:trtt111:!l' t or Industrial Relations. see MO~/MiWW,djr,ca,goytpubl'!c; w9dSJ}Pub,ittWor1<sc. html for additional information.
fl.lo bid wiD be acoepted, n:or any comract enter-ed into without pr-oof of the conlract:or's and suooo·nhaotors,• ,current re;lstratlM With the !Department of Industrial Relafions to rermrm r11hlll~ work.
Contra.den haraby certifleo th.it it is aware of the registration requl1rem-ents set forth in Labor Cooe sections 1725.5 and 1771.1 and iis oorrently reg1istered as, a contractor with the Department of ndustrial Relations. 1
Namo of Contrsctor: NATA CONISTRUCTION, INC.
DIR egm'lratlon Number: 1000001913
DIR Regii!!.tratlon C.Xpi.r,;i11tron: tQ ... 30 - 2o 2..t.\ 6mal1I rroject CxemptiQn: __ Ye,.& or~ No
Unl ss Contractor rs exempt pursuant to the small project exempron, Cootfaetor further acknow l'edges ·
1_ Contll'adnr ~l,.qll m~ ~, ;:i current DlR. r-egi!tl.ration for the duratir;>n @f th projac:t,
2. Contractor $'hid I include the requirements. of Labor Code 5ec.tions 1725, 5 and 11771 .. 1 in its contract wilh ijUtJc:urIt1ac:tors and tmsure th•at all subc:omraotors are, r.e(llste,rM 31 tM ti e of bid open ing and maint.iiin A1giwo1tion Gtalus for tha duration oHhe project.
3. Failure to submit this form or comply with any of the abo\18 rsquirements may result in a finding that tile bid Is non-respo:ns.ive.
1 I tho Project iia enmpt from the contre.:tor re,gi$ntion requiremenm pur!u nl to the smalll project eJ<emptloi'i Ln'la:er labor Gode l::ieci1ons l2!l,b and 1771.1. please mark: "Yes" in response fo "Small P,roji;-:1 Exlilmplkm,"
EXHIBIT “E”
PAYMENT AND PERFORMANCE BONDS
Item 1F - Page 36
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Springs (hereinafter referred to as “City”) has awarded to ___________________________, (hereinafter referred to as the “Contractor”) an agreement for ____________________________, CONTRACT SERVICES AGREEMENT ____ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _____________________________, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
(1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
Item 1F - Page 37
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
Item 1F - Page 38
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety)
(Name and Address of Agent or
Representative for service of
process in California, if different
from above)
(Telephone number of Surety
and Agent or Representative for
service of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Item 1F - Page 39
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared ___________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Item 1F - Page 40
I I
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Springs (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
___________________________, CONTRACT SERVICES AGREEMENT ____ (the “Project”); and
WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated _____________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining Item 1F - Page 41
or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
Item 1F - Page 42
Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public,
personally appeared ________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
Item 1F - Page 43
I I
EXHIBIT “F”
Item 1F - Page 44
ATTACHMENT F
1EXECUTIVE ORDER N~-~ CERTIFICATION
liNVITATION IIF'OIR. ems (IFB 24-1H
BLEACtt,ERS FOR PALM 3PRIKOS POWl!M !SAS!!.BALL STADU!JM Exea.1 'vjO! Order N-&-22 i!.&ued by Governor Gavin NGW6.gm on Mlaroh 4. 2022, direct!, ell agencies and b'µ.:irhm:mls that are subject to he, Gmve:rnor s autf'IMtY to taJ terminate any contracts with any individuals or anitities that are determined to be s targ:et of econom ic s2:11r1cllcns against Russia aM RU!';Slan ~t'itities and 1001\liduals; and (b) refrain fn,m ,entering i to any new contracts with such [ndMduals or entities while the afcm~mentioned sanctions are in1 effect
~ecutive Ord'er N--'6,.:22 also requires that any contract.or that: ( 1) oummdy has a contract wiith the City of Palm Springs funded through grant funds prov"ded by tne State or California; and/or (2) submits a bid or proposal or otherwise proposes to or enter into or renew a cont ract w:ith ih~ City Qf Pi!'lm Springs with State of C~lifotnia grant funds, certify 1ihat the pe~on is. not u,e t8Jy1::1l ur i:my eco 1oir1ic sanctl'ons against R,ussla aM IRUSSh!ll'l ~MitieS and individuals.
Thi! contractor herebv cenlfles, SUBJEC T TO PENALTY I-UH. 1-'J:.HJIJR.Y, that a) the ogntrac:tor i6 not a target of any ,economiG Gtmo.tlon3 against Ruaaian aind Rue5ian entities and Inawiaua1s as discussed 1n Executive Urder 1N:.s:-22 and b) the person signing belo.w l:S duly authorized to legal'ly bind the Contractor. This certification is made under the aws of the: State of California.
Slgnotu<e; Y-. ~ _. J/,t;--i
Pr11ue<1 Name: Horacio D~ Lc1. Tumt
r It~: P resideint
Fil'm Nome'. NATA CONSTRUCTION, INC.
Date: 'f,... 6 /4 ~/2 Y°
/ / >
Attachment B
Item 1F - Page 45
Horacio Delatorre
Kevin Delatorre
Michael De La Torre
32564 Cullen Ct. Winchester, CA 92596
Item 1F - Page 46
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
NATA CONSTRUCTION , INC.
Address of Entity (Principal Place of Business)
607 LUIS ESTRADA RD BEAUMONT, CA 92223
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State
CALIFORNIA
If other than California , is the Entity also registered in California? D Yes D No Type of Entity
!&corporation D Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
~ Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
~Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
~Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
Other
Item 1F - Page 47
7. Owners/Investors with a 5% beneficial interest in the Applicant Entity or a related entity
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.
Horacio Delatorre 50% NATA CONSTUCTION, INC.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
B.
Kevin De La Torre 25% NATA CONSTRUCT ION, INC.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
C.
Michael De La Torre 25% NATA CONSTRUCTION, INC.
[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.
Date
CITY COUNCIL STAFF REPORT
DATE: JUNE 27
, 2024 CONSENT CALENDAR
SUBJECT: ANNUAL LEVY OF ASSESSMENTS FOR VARIOUS STREET LIGHTING
AND PARKWAY MAINTENANCE DISTRICTS CITYWIDE FOR FISCAL
YEAR 2024-2025
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
This item will initiate procee
dings required by law to continue the levy of existing annual special assessments in the City’s various Street Lighting and Parkway Maintenance Districts. Adoption of a Resolution of Intention will schedule a Public Hearing for July 25, 2024, to consider the formal levy and collection of special assessments for the subject fiscal year.
RECOMMENDATION:
1) Adopt Resolu
tion No. _____ “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, TO ESTABLISH
ANNUAL ASSESSMENTS AND THE LEVY AND COLLECTION RELATED
THERETO FOR FISCAL YEAR 2024/2025;” and
2) Adopt Resolution No. _____ “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNI A, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 25, 2024, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2024/2025.” 1G - 1
City Council Staff Report
June 27, 2024 -- Page 2
Street Lighting and Parkway Maintenance Districts
STAFF ANALYSIS:
In accordance with the Streets and Highways Code of the State of California, the City is required to prepare Engineer’s Reports on the annual costs to operate and maintain improvements within the City’s various Street Lighting or Parkway Maintenance Districts, which include the following:
1. Street Lighting Maintenance District No. 3 consists of 75 residential parcels located in the “Crossley Tract,” south of 34th Avenue along Lawrence Street and Marguerite Street. District No. 3 was established in 1983 to provide funding for the installation, operation, and maintenance of street lighting along Lawrence Street and Marguerite Street, shown in the Vicinity Map below:
District No. 3 Vicinity Map
Crossley Tract
1G - 2
- a!,.-+----1
1-;- --I--_J
\ -- DINAH SHORE--;;-R
~~
~
r---'~~___.:C ~
Legend ~
~ Site
c::J 500' R adius \
City Council Staff Report
June 27, 2024 -- Page 3
Street Lighting and Parkway Maintenance Districts
2. Parkway Maintenance District No. 6A consists of 25 commercial and industrial properties located in the “Fairport Development,” between Chia Road and Tachevah Drive, west of Gene Autry Trail. District No. 6A was established in 1980 to provide funding for the maintenance of parkway landscaping along the south side of Chia Road as shown in the Vicinity Map below:
District No. 6A Vicinity Map
Fairport Development
1G - 3
I I I _ LJ .J ~
- E V1 STA CHINO -i=::---- --=:=:=:::======-
Legend
&883si te
O soo•Rad,ut
-I
I
r-------:.-------
----~ -----,-,
l .
/
City Council Staff Report
June 27, 2024 -- Page 4
Street Lighting and Parkway Maintenance Districts
3. Parkway Maintenance District No. 6C consists of 30 residential parcels located in the “Park Sonora Tract,” on the east side of El Cielo Road along Sonora Road, Loma Vista Circle and San Marin Circle. District No. 6C was established in 1980 to provide funding for the maintenance of parkway landscaping along the east side of El Cielo Road along the frontage of the Park Sonora Tract, shown in the Vicinity Map below:
District No. 6C Vicinity Map
Park Sonora Tract
1G - 4
Legend
~Sl e
D SOO' R od h,a
' '
1,)--
r
. I It I I ~ Y.
t--LA_. __ s+,P-A.--tM-PA--t. s_ w_ ~ TTD ~ ,-
1,.-~'•'--I ~. ~- • .,.~ :,_-_, ,1Trr-_.--~ ~ --~l :;:::11 :t:1 ~1~1~.~. -
ESCOBADR
N RIDGEVIEW CIR
City Council Staff Report
June 27, 2024 -- Page 5
Street Lighting and Parkway Maintenance Districts
4. Parkway Maintenance District No. 7 consists of 53 residential parcels located in the “Sunrise Norte Tract,” on the north side of San Rafael Drive west of Sunrise Way, located along Mountain Shadow Drive, Sand Spring Drive, Mica Drive, Garnet Road, and Twin Star Road. District No. 7 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive along the frontage of the Sunrise Norte Tract, shown in the Vicinity Map below:
District No. 7 Vicinity Map
Sunrise Norte Tract
1G - 5
Legend
ffl Site
CJ 500' Radfus
SAN RAFAEL DR z
----- <t
!!:
0 ~
f
________ w __ ...,..
~ u
ci:
UJ
~ .J u. z
~
City Council Staff Report
June 27, 2024 -- Page 6
Street Lighting and Parkway Maintenance Districts
5. Parkway Maintenance District No. 8 consists of 62 residential parcels located in the “Vintage Palms Tract,” on the north side of San Rafael Drive and the east side of Avenida Caballeros. District No. 8 was established in 1990 to provide funding for the maintenance of parkway landscaping along the north side of San Rafael Drive and the east side of Avenida Caballeros along the frontage of the Vintage Palms Tract, shown in the Vicinity Map below:
District No. 8 Vicinity Map
Vintage Palms Tract
1G - 6
}
Legend
~ Site
CJ :sou' RaOIUS
I \
I I I
LUCENT-CT--
sllcl 1
I I I I
C:
13 a:
L&.I
~
..J
"' z
:i V)
SUNFLCMIER CIR S
'
City Council Staff Report
June 27, 2024 -- Page 7
Street Lighting and Parkway Maintenance Districts
6. Parkway Maintenance District No. 9 consists of 77 residential parcels located in the “Flora Vista Tract,” on the south side of Racquet Club Road, the west side of Sunrise Way, and the north side of Via Escuela. District No. 9 was established in 1997 to provide funding for the maintenance of parkway landscaping along the west side of Sunrise Way along the frontage of the Flora Vista Tract, shown in the Vicinity Map below:
District No. 9 Vicinity Map
Flora Vista Tract
1G - 7
-, a::
Cl
~~ t--1- 1----1---+--~_J
0 I ·-:iii
-----ffi .:
I I
LJ
l
City Council Staff Report
June 27, 2024 -- Page 8
Street Lighting and Parkway Maintenance Districts
7. Parkway Maintenance District No. 10, Zone 1 , consists of 308 residential parcels located in the “Mountain Gate (Phase 1),” development on the east side of N. Palm Canyon Drive and north of Gateway Drive. District No. 10, Zone 1, was established in 2003 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, the north side of Gateway Drive, and drainage basins along East Gate Road, shown in the Vicinity Map below:
District No. 10 – Zone 1 Vicinity Map
Mountain Gate (Phase 1)
1G - 8
Legend
~ Sile
D 500' Radius
--- -rr-:-• ,- ,-~~+
II ~
I I
I I -
City Council Staff Report
June 27, 2024 -- Page 9
Street Lighting and Parkway Maintenance Districts
8. Parkway Maintenance District No. 10, Zone 2 , consists of 196 residential parcels located in the “Mountain Gate (Phase 2),” development on the east side of N. Palm Canyon Drive. District No. 10, Zone 2, was established in 2005 to provide funding for the maintenance of parkway landscaping along the east side of N. Palm Canyon Drive, shown in the Vicinity Map below:
District No. 10 – Zone 2 Vicinity Map
Mountain Gate (Phase 2)
1G - 9
Legend
a s ite
D 500' Radius
-- -
City Council Staff Report
June 27, 2024 -- Page 10
Street Lighting and Parkway Maintenance Districts
9. Landscape Maintenance District No. 12 consists of 6 commercial parcels located in the “Smoke Tree Commons” shopping center on the south side of E. Palm Canyon Drive and west side of Barona Road. District No. 12 was established in 2008 to provide funding for the maintenance of median landscaping within E. Palm Canyon Drive between Cerritos Drive and Farrell Drive, shown in the Vicinity Map below:
District No. 12 Vicinity Map
Smoke Tree Commons
1G - 10
T
Legend
~ Site
c::::J 500' Radius
z ..I
w
W __ _
~
w
~
0 ~
tl>I
E PALM CANYON DR
City Council Staff Report
June 27, 2024 -- Page 11
Street Lighting and Parkway Maintenance Districts
The Preliminary Engineer’s Reports listed below are on file with the City Clerk and can be accessed via the following on-line link for public inspection.
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=1397762&dbid=0&re po=CityHall-Primary
x Street Lighting Maintenance District No. 3 (Crossley Tract – 75 Properties) x Parkway Maintenance District No. 6A (Fairport Development – 25 Properties) x Parkway Maintenance District No. 6C (Park Sonora Tract – 30 Properties) x Parkway Maintenance District No. 7 (Sunrise Norte Tract – 53 Properties) x Parkway Maintenance District No. 8 (Vintage Palms Tract – 62 Properties) x Parkway Maintenance District No. 9 (Flora Vista Tract – 77 Properties) x Parkway Maintenance District No. 10, Zone 1, (Mountain Gate – 308 Properties) x Parkway Maintenance District No. 10, Zone 2 (Mountain Gate 2 – 196 Properties) x Landscape Maintenance District No. 12 (Smoke Tree Commons – 6 Parcels)
In accordance with the Streets and Highways Code of the State of California, it is necessary for a Resolution of Intention to be adopted scheduling a Public Hearing for consideration of the levy and collection of special assessments for the various Maintenance Districts for the subject fiscal year.
FISCAL IMPACT:
On November 5, 1996, the voters of California approved Proposition 218, the “Right to Vote on Taxes Act,” (or “Prop 218”). Prop 218 revised the manner in which local agencies could increase special assessments or levy new taxes, by adding Articles XIIIC and XIIID to the California Constitution and imposing new regulations requiring local agencies to call for elections for a vote of affected property owners for any proposed new or increased special assessment. Prior to Prop 218, local agencies had the legal ability to propose new or increased special assessments, and such assessments could be implemented insofar as a majority protests were not presented by the affected property owners.
Prop 218 has imposed a challenge on local agencies administering Special Districts that generate revenue for maintaining public improvements that benefit private properties.
Those Special Districts that were established prior to Prop 218 did not have a formula for adjustment of special assessments to account for inflation; therefore, after Prop 218 any increase in special assessments requires a local agency to call for a special election and for a majority vote to support such increased assessment. Specifically for Palm Springs, four of its remaining Special Districts (District No. 3, 6A, 6C, and 7) were established prior to Prop 218, and District No. 7 was established immediately after Prop 218 in 1997.
However, Districts No. 10 and 12 were originally established with a formula allowing for annual increases to the special assessment subject to the Consumer Price Index (“CPI”).
As costs have increased associated with street lighting or landscape maintenance, namely with utility costs, the total costs incurred by the City for maintenance of public 1G - 11
City Council Staff Report
June 27, 2024 -- Page 12
Street Lighting and Parkway Maintenance Districts
improvements in these Special Districts has, at times, exceeded the revenue generated by the special assessments in each District, causing a deficit. In those cases, services are reduced accordingly to ensure overall costs do not exceed assessment revenues received. Conversely, when excess revenues generate a surplus, the City reduces the maximum amount of the assessment being levied to the specific district. The intent is to maintain an adequate surplus to provide the required service. There are specific times when an unexpected event occurs. Staff uses additional built-up surplus to address these unexpected events. The following summarizes the fiscal status of each District:
Street Lighting Maintenance District No. 3 (“Crossley Tract”) Max assessment: $ 4,283 (spread over 75 parcels) Levied costs: $ 2,630
Note: The proposed assessment is less than the approved max assessment.
Parkway Maintenance District No. 6A (“Fairport Development”) Max assessment: $ 5,154 (spread over 25 parcels) Levied costs: $ 5,154
Note: The proposed assessment equals the approved max assessment.
Parkway Maintenance District No. 6C (“Park Sonora Tract”) Max assessment: $ 12,368 (spread over 30 parcels) Levied costs: $ 12,368
Note: The proposed assessment equals the approved max assessment.
Parkway Maintenance District No. 7 (“Sunrise Norte”)
Max assessment: $ 23,747 (spread over 53 parcels) Levied costs: $ 23,747
Note: The proposed assessment equals the approved max assessment.
Parkway Maintenance District No. 8 (“Vintage Palms”)
Max assessment: $ 18,509 (spread over 62 parcels) Levied costs: $ 18,509
Note: The proposed assessment equals the approved max assessment.
Parkway Maintenance District No. 9 (“Flora Vista”)
Max assessment: $ 17,409 (spread over 77 parcels) Levied costs: $ 17,409
Note: The proposed assessment equals the approved max assessment.
PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 1 (“MOUNTAIN GATE 1”) Max assessment: $ 173,309 (spread over 308 parcels) Levied costs: $ 66,473
1G - 12
City Council Staff Report
June 27, 2024 -- Page 13
Street Lighting and Parkway Maintenance Districts
Note: The proposed assessment is less than the approved max assessment.
PARKWAY MAINTENANCE DISTRICT NO. 10, ZONE 2 (“MOUNTAIN GATE 2”) Max assessment: $ 173,499 (spread over 196 parcels) Levied costs: $ 173,499
Note: The proposed assessment equals the approved max assessment.
LANDSCAPE MAINTENANCE DISTRICT NO. 12 (SMOKE TREE COMMONS) Max assessment: $ 19,215 (spread over 6 parcels) Levied costs: $ 19,215
Note: The proposed assessment equals the approved max assessment.
Approval of this action is the first step to formally levying special assessments in the City’s Street Lighting and Parkway Maintenance Districts. In accordance with the Engineer’s Reports prepared for each Maintenance District, at the public hearing to be held on July 25, 2024, the City Council will consider levying special assessments to collect revenue to pay for expenditures incurred within each District, as identified below:
Special District No. Levy Amount Qty of
Parcels
Special
Assessment/Parcel
Crossley Tract (3) $2,629.50 75 $35.06
Fairport Development (6A) $5,154.00 19 $166.26
6 $332.52
Park Sonora Tract (6C) $12,367.80 30 $412.26
Sunrise Norte (7) $23,746.12 53 $448.04
Vintage Palms (8) $18,508.24 62 $298.52
Flora Vista (9) $17,408.16 77 $226.08
Mountain Gate Zone 1 (10-1) $66,471.28 292 $214.70
16 $236.18
Mountain Gate Zone 2 (10-2) $173,498.64 175 $875.82
21 $963.34
Smoke Tree Commons (12) $19,214.96 6 Varies from:
$10.62 - $11,858.07
Total Levy $338,998.70 832 N/A
The proposed assessments for the subject Fiscal Year are lower or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in 1G - 13
City Council Staff Report
June 27, 2024 -- Page 14
Street Lighting and Parkway Maintenance Districts
accordance with the provisions of the Califo rnia Constitution Arti cle XIIID (Proposition 218).
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Priority 2, Community Infrastructure.
REVIEWED BY:
City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fa gg
City Manager: Scott Stiles
ATTACHMENTS:
A. Resolution No. 1 - Preliminary Approval of Engineer’s Reports B. Resolution No. 2 - Intention to Conduct Public Hearing 1G - 14
Attachment A
1G - 15
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, ORDERING THE PREPARATION OF AND
GIVING PRELIMINARY APPROVAL OF THE ENGINEER’S REPORT
REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3,
AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9,
AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE
DISTRICT NO. 12, TO ESTABLISH ANNUAL ASSESSMENTS AND
THE LEVY AND COLLECTION RELATED THERETO FOR FISCAL
YEAR 2024/2025 (JULY 1, 2024 TO JUNE 30, 2025)
WHEREAS, the City Council of the City of Palm Springs, California, (hereinafter the “City Council”), has by previous Resolution established Street Lighting Maintenance District No. 3 (“Crossley Tract”), Parkway Maintenance District No. 6A (“Fairport Development”), Parkway Maintenance District No. 6C (“Park Sonora Tract”), Parkway Maintenance District No. 7 (“Sunrise Norte Tract”), Parkway Maintenance District No. 8 (“Vintage Palms Tract”), Parkway Maintenance District No. 9 (“Flora Vista”), Parkway Maintenance District No. 10 (Zones 1 and 2) (“Mountain Gate”), and Landscape Maintenance District No. 12 (“Smoke Tree Commons”), (hereafter individually referred to as the “District”, or collectively referred to as the “Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Palm Springs to pay for the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and
WHEREAS, §22566 and §22622 of the Act requires the preparation of an Engineer’s Report to determine and adjust the annual assessment rates for the Districts; and
WHEREAS, the Districts include existing street lighting improvements, or existing streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and im provements within non-contiguous, separately established District areas within the incorporated boundaries of the City of Palm Springs; and
WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay costs for the maintenance and services of all improvements and facilities related thereto; and
WHEREAS, the City Engineer, or designee, has prepared an Engineer’s Report (hereafter referred to as the “Report”) in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution as enacted by the passage of Proposition 218, also referred to as “The Right to Vote on Taxes Act,” as approved by the voters of the State of California on November 5, 1996; and
WHEREAS, there has now been presented to the City Council the Report for each of the Districts for the Subject Fiscal Year; and
1G - 16
Resolution No.
WHEREAS, the City Council has carefully examined and reviewed the Report for each of the Districts as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties within the Districts will receive from the improvements, operation, maintenance and services to be performed as part of the Districts, as set forth in said Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The preceding recitals are all true and correct.
Section 2: The City Engineer, or designee, is hereby ordered to prepare and appropriately file an Engineer’s Report for the Districts required to determine and adjust the assessments therein each District for the Subject Fiscal Year in accordance with §22566 and §22622 of the Act. The Engineer’s Report for each District shall be file d with the City Clerk for submission to the City Council.
Section 3: The improvements to be operated and maintained by the Districts generally include the operation, administration, maintenance, and servicing of street lighting, or streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and expenses associated with the Districts that will be maintained by the City of Palm Springs through annual assessments.
Section 4: The improvements to be maintained by the City of Palm Springs for the Subject Fiscal Year are substantially the same as the improvements provided and maintained in the previous Fiscal Year and the Engineer’s Report for each District prepared in connection therewith shall describe the improvements as required by the Act, and as presented, consists of the following:
1) A description of the District and its improvements.
2) A Method of Apportionment that outlines the special benefit conferred on properties within the District from the improvements; and the calculations used to establish each parcel’s proportional special benefit assessment for the Subject Fiscal Year.
3) An annual budget that outlines the costs and expenses to service, and maintain the improvements, including incidental expenses, as authorized by the Act.
4) An Assessment Diagram that identifies the lots, parcels and properties included within the boundaries of the District.
5) An Assessment Roll containing each of the Assessor Parcel Numbers that comprise the District, and the proportional maximum assessment for the Subject Fiscal Year.
1G - 17
Resolution No.
Section 5: The Engineer’s Report for each District shall reflect provisions and related assessments in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution as enacted by the passage of Proposition 218, also referred to as “The Right to Vote on Taxes Act,” as approved by the voters of the State of California on November 5, 1996.
Section 6: The Engineer’s Report for each District is hereby approved on a preliminary basis (as submitted or amended), and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
Section 7: The proposed assessments for the Subject Fiscal Year are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218).
Section 8: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Engineer’s Report for each District.
ADOPTED THIS 27
th DAY OF JUNE, 2024.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
1G - 18
Resolution No.
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 June 27, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pree, City Clerk
City of Palm Springs, California
1G - 19
Attachment B
1G - 20
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECL ARING ITS INTENTION TO
CONDUCT A PUBLIC HEARING ON JULY 14, 2022,
REGARDING STREET LIGHTING MAINTENANCE DISTRICT
NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C,
7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE
MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND
COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2024/2025 (JULY 1, 2024 TO JUNE 30, 2025)
WHEREAS, the City Council of the City of Palm Springs, California, (hereinafter the “City Council”), has by previous Resolution established Street Lighting Maintenance District No. 3 (“Crossley Tract”), Parkway Maintenance District No. 6A (“Fairport Development”), Parkway Maintenance District No. 6C (“Park Sonora Tract”), Parkway Maintenance District No. 7 (“Sunrise Norte Tract”), Parkway Maintenance District No. 8 (“Vintage Palms Tract”), Parkway Maintenance District No. 9 (“Flora Vista”), Parkway Maintenance District No. 10 (Zones 1 and 2) (“Mountain Gate”), and Landscape Maintenance District No. 12 (“Smoke Tree Commons”), (hereafter individually referred to as the “District”, or collectively referred to as the “Districts”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the “Act”), that provides for the levy and collection of assessments by the City of Palm Springs to pay for the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and
WHEREAS, an Engineer’s Report for each District, (hereafter referred to as the “Report”), has been prepared and filed with the City Clerk of the City of Palm Springs, (hereafter referred to as the “City Clerk”), and the Report identifies the levy of assessments for Fiscal Year 2024/2025 (hereafter referred to as the “Subject Fiscal Year”) in accordance with the Act; and the City Council did by previous Resolution preliminarily approve each Report.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:
Section 1: The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within each District for the Subject Fiscal Year in accordance with §22624 of the Act.
Section 2: The territory of land within each District consists of non-contiguous, separately established District areas within the incorporated boundaries of the City of Palm Springs, and a full and complete listing of parcels within each District is included in the Report on file with the City Clerk.
1G - 21
Resolution No.
Section 3: The improvements include the operation, maintenance and servicing of existing street lighting, or streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and ap purtenant facilities and improvements to be provided by the City of Palm Springs in connection with the improvements installed within each District. Detailed maps and descriptions of the location and extent of the improvements to be maintained are included as part of the Report for each District, and by reference is made part of this Resolution.
Section 4: The proposed assessments for each District are outlined in the Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting within eac h District, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218).
Section 5: The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with §22625 of the Act.
Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 6: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on July 25, 2024, at 6:00 P.M., or as soon thereafter as feasible in the Council Chamber at City Hall, located at 3200 East Tahquitz Canyon Way, Palm Springs, California.
Section 7: In accordance with §22552 and §22553 of the Act, the City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act.
ADOPTED THIS 27
th DAY OF JUNE, 2024.
Scott C. Stiles, City Manager
ATTEST:
Brenda Pree, City Clerk
CERTIFICATION
1G - 22
Resolution No.
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 June 27, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Pr ee, City Clerk
City of Palm Springs, California
1G - 23
CITY COUNCIL STAFF REPORT
DATE: JUNE 27, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E) AND AUTHORIZATION TO BID 2024 SLURRY SEAL, CITY PROJECT 24-02
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:
The construction documents (Plans, Specifications and Estimate) for this project have been prepared and in accordance with Section 7.03.040 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and working details, and authorize the bid request for all public projects in excess of $200,000.
Approval of this item will allow Staff to proceed with bidding of this capital project, with an estimated project cost of approximately $5,000,000.
RECOMMENDATION:
1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the 2024 Slurry Seal, City Project 24-02 (“the Project”).
2. Authorize the City Manager to execute all necessary documents to award a construction contract and task order while the City Council is on August break. No construction contract will be awarded above what is budgeted for the 2024 Slurry Seal, City Project 24-02.
Note: A staff report will be submitted to City Council in September 2024 detailing the results of bidding and awarding the Project construction contract and construction management task order with our on-call firms.
BACKGROUND:
All public streets within the City have been professionally evaluated and assigned a Pavement Condition Index (“PCI”), indicating their condition. Specific ranges of PCI ratings are assigned a letter grade, as shown in Table 1 below.
Item 1H - Page 1
City Council Staff Report
June 27, 2024 -- Page 2
Authorize to Bid for 2024 Slurry Seal, City Project 24-02
Table 1
PCI
Range Grade Condition Description
100-90 A Good Little or no distress.
89-70
B Satisfactory Little or no distress, with exception of utility patches in good condition, or minor-moderate hairline cracks; lightly weathered. 69-80
C Fair Light to moderate weathering, light load -related base failure, moderate linear cracking.
49-25 D Poor Moderate to severe weathering, moderate levels of base failure, moderate to heavy linear cracking.
24-0 E Very Poor Extensive weathering, moderate- heavy base failure, failed patches, extensive network of moderate-heavy cracking.
All streets require regular maintenance to improve the condition and extend the life of the pavement, with the type of maintenance dictated by the PCI index. The following table lists the various typical maintenance treatment s applied per Condition/PCI range. See Table 2 below.
Condition Grade PCI Range Typical Maintenance Treatment Good A 100-90 • Do nothing
Satisfactory B 89-70 • Slurry Seal & Crack Seal; or
• Edge Grind and 2" Overlay Fair C 69-60
59-50
Poor D 49-25 • AC (Asphalt/Concrete) Surface Reconstruction Very Poor E 24-0 • Full Depth AC and Base Reconstruction • Reconstruction Structure (PCC)
The purpose of a slurry seal is to maintain streets on the higher end of the PCI range and prevent them from falling into a category where more costly repairs become necessary.
An additional benefit of a slurry sealing project is the refreshment of pavemen t striping and markings.
STAFF ANALYSIS:
The list of recommended streets for the 2024 Slurry Seal Project is included as Attachment A, with corresponding maps included as Attachment B.
With City Council approval, Staff will advertise the Project in The Desert Sun , and utilize the procurement program, “PlanetBids” ™, to allow the submission of bids electronically.
The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system.
Staff recommends that the City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project.
Item 1H - Page 2
City Council Staff Report
June 27, 2024 -- Page 3
Authorize to Bid for 2024 Slurry Seal, City Project 24-02
ENVIRONMENTAL ASSESSMENT:
Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15301(c) “Existing Facilities,” Class 1 projects consist of operation, repair, and maintenance of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, therefore, the 2024 Slurry Seal, City Project No. 24- 02, is considered categorically exempt from CEQA, and a Notice of Exemption will be filed with the Riverside County Clerk.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Priority 2A Improve City Facilities – Prioritize deferred maintenance.
FISCAL IMPACT
:
The Project will be funded utilizing $3,794,032, currently available, with an additional $1,350,000 available as of July 1 , 2024 (Fiscal year 2024- 2025), for a grand total of $5,144,032 from Gas Tax funds.
The Project Street List shown in Attachment A will be split into four (4) B id Schedules identified as A, B, C, & D for bidding purposes. In the event the total of all bid schedules exceeds the Slurry budget, then only the bid schedules whose sum is less than $5,144,032 will be recommended for awarding a contract.
Following bidding, the Project will be returned to the City Council for award, at which time a full accounting of the Project costs including construction, consultant services, and staff costs will be presented for consideration and approval.
REVIEWED BY:
City Engineer Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. List of Proposed Streets
B. Maps of Proposed Streets
Item 1H - Page 3
Attachment A
Item 1H - Page 4
Section ID Street Name Beg Location End Location
1006 34TH AVENUE ‐ 34TH AVE 245 FT. W/O LAWRENCE STREET W/S MARGUERITE STREET 1007 ABRIGO ROAD ‐ ABRIGO RD N/S CAMINO SUR W/S VIA LAS PALMAS 1010 ACE CIRCLE ‐ ACE CR N/S ALEXANDER WAY N END (CDS) 1033 ALHAMBRA DRIVE ‐ ALHAMBRA E/S CAMINO REAL CL SEQUOIA 1034 ALHAMBRA DRIVE ‐ ALHAMBRA CL SEQUOIA S/S CAMINO REAL 1036 ALLEY @ JUNIPERO AVENUE ‐ ALLEY@JUNI 100 FT. S/O SAN MARCO WAY 400 FT. S/O SAN MAR CO WAY 1037 ALLEY @ JUNIPERO AVENUE ‐ ALLEY@JUNI 400 FT. S/O SAN MARCO WAY N/S CABRILLO ROAD 1043 ALONDRA WAY ‐ ALONDRA WY W/S COMPADRE ROAD W END (CDS) 1044 ALTA LOMA DRIVE ‐ ALTA LOMA E/S COMPADRE ROAD W/S BEVERLY DRIVE 1052 AMADO ROAD ‐ AMADO E/S CALLE SEGUNDO E/S CALLE ALVARADO 1053 AMADO ROAD ‐ AMADO E/S CALLE ALVARADO W/S AVENIDA CABALLEROS 1058 AMADO ROAD ‐ AMADO E/S SUNRISE WAY W/S CERRITOS DRIVE 1060
AMARILLO WAY ‐ AMARILLO W/S LA REINA WAY W END (CDS)
1061 AMELIA WAY ‐ AMELIA WY E/S SHANNON WAY E/S PASEO DE ANZA 1062 AMELIA WAY ‐ AMELIA WY W/S PASEO DE ANZA W END (CDS) 1063 ANA MARIA PLACE ‐ ANA MARIA S/S MARION WAY N/S ANZA DRIVE 1064 ANDEE DRIVE ‐ ANDEE DR N/S E PALM CANYON DRIVE S/S SONORA ROAD 1073 ANDREAS ROAD ‐ ANDREAS E/S CALLE EL SEGUNDO E/S CALLE ALVARADO 1080
ANZA TRAIL ‐ ANZA TR E/S BARONA ROAD W/S ARABY DRIVE
1081 ANZUELO CIRCLE ‐ ANZUELO CR W/S EL CIELO ROAD W END (CDS) 1082 APACHE CIRCLE ‐ APACHE CR S/S APACHE ROAD S END (CDS) 1083 APACHE ROAD ‐ APACHE RD W/S CALIENTE ROAD E/S NAVAJO ROAD 1085 AQUANETTA DRIVE ‐ AQUA. DR S/S TWIN PALMS DRIVE N/S LA JOLLA ROAD 1092 ARENAS ROAD ‐ ARENAS W/S CAHUILLA ROAD W/S BELARDO ROAD 1097 ARENAS ROAD ‐ ARENAS E/S CALLE EL SEGUNDO W/S AVENIDA CABALLEROS 1098 ARENAS ROAD ‐ ARENAS E/S AVENIDA CABALLEROS 315 FT. E/O AVENIDA CABALLEROS 1100 ARENAS ROAD ‐ ARENAS 637 FT. W/O HERMOSA DRIVE W/S HERMOSA DRIVE 1101 ARENAS ROAD ‐ ARENAS 365 FT. WEST OF SUNRISE WAY W/S SUNRISE WAY 1102 ARENAS ROAD ‐ ARENAS E/S SUNRISE WAY 300 FT. E/O SUNRISE WAY 1103 ARENAS ROAD ‐ ARENAS 300 FT. W/O SUNRISE WAY (NORTH 1/2) W/S SATURMINO DRIVE 1104 ARENAS ROAD ‐ ARENAS 300 FT. W/O SUNRISE WAY ( SOUTH 1/2) W/S SATURMINO DRIVE 1116 AVENIDA CABALLEROS ‐ AV CABALLE N/S TAHQUITZ CANYON WAY S/S ALEJO ROAD 1127 AVENIDA CERCA ‐ AV CERCA S/S COROZON AVENUE E/S GRANADA AVENUE 1128 AVENIDA CERCA ‐ AV CERCA W/S GRANADA AVENUE N/S COROZON AVENUE 1131 AVERY DRIVE ‐ AVERY DR W/S ANDEE DRIVE W END
1139 AVENIDA GRANADA ‐ AV GRANADA E/S SIERRA MADRE DRIVE E/S S PALM CANYON DRIVE 1142
AVENIDA OLANCHA ‐ AV OLANCHA E/S SAGEBRUSH ROAD W/S CALLE ROLPH 1143 AVENIDA OLANCHA ‐ AV OLANCHA E/S CALLE ROLPH W/S CALLE MARCUS 1144 AVENIDA OLANCHA ‐ AV OLANCHA E/S CALLE MARCUS W/S SUNRISE WAY 1152 AVENIDA PALMAS ‐ AV PALMAS N/S TAMARISK ROAD S/S VIA EYTEL 1155 AVENIDA PALOS VERDES ‐ AV PALVER S/S VIA EYTEL N/S TAMARISK ROAD 1163 BAHADA ROAD ‐ BAHADA S/S JOYCE DRIVE N/S FRANCIS DRIVE 1165 BALBOA CIRCLE ‐ BALBOA W/S CAMINO REAL W END (CDS) 1170
BARISTO ROAD ‐ BARISTO E/S HERMOSA DRIVE W/S SUNRISE WAY 1171 BARISTO ROAD ‐ BARISTO E/S SUNRISE WAY E/S PAVILION WAY 1200 BERNE DRIVE ‐ BERNE N/S VIA ESCUELA N END (CDS)
1201 BEVERLY DRIVE ‐ BEVERLY DR S/S THERESA DRIVE N/S SUNNY DUNES ROAD 1202 BEVERLY DRIVE ‐ BEVERLY DR S/S ALTA LOMA DRIVE N/S SONORA ROAD 1203 BEVERLY DRIVE ‐ BEVERLY DR S/S SONORA ROAD N/S ESCOBA DRIVE 1222 BONAIR DRIVE ‐ BONAIR DR E/S GRANADA AVENUE S/S COROZON AVENUE 1229 BUENA VISTA DRIVE ‐ BUENA VSTA E/S ARQUILLA ROAD W/S HERMOSA DRIVE 1234 BURTON WAY ‐ BURTON S/S AMADO ROAD N/S ANDREAS ROAD 1240 CAMINO AMAPOLA ‐ CA AMAPLA E/S THORNHILL ROAD W/S CALLE AMIGOS 1241 CALLE AMIGOS ‐ CA AMIGOS S/S RAMON ROAD N/S SUNNY DUNES ROAD 1243 CABRILLO ROAD ‐ CABRILLO E/S DE ANZA ROAD E/S ZANJERO ROAD 1246 CABRILLO ROAD ‐ CABRILLO E/S CARDILLO AVENUE W/S JUNIPERO AVENUE 1247 CABRILLO ROAD ‐ CABRILLO E/S JUNI PERO AVENUE W/S N PALM CANYON DRIVE 1249 CALLE DE CARLOS ‐ CA CARLOS W/S AVENIDA EVELITA E/S EL PLACER ROAD 1254 CALLE DE MARIA ‐ CA DE MRIA N/S DEEP WELL ROAD S/S MESQUITE AVENUE 1268 CAHUILLA ROAD ‐ CAHUILLA S/S TAHQUITZ CANYON WAY N/S ARENAS ROAD 1271 CAJON CIRCLE ‐ CAJON CR W/S EL CIELO ROAD W END (CDS) 1277 CALIENTE ROAD ‐ CALIENT RD N/S LA VERNE WAY S/S LA JOLLA ROAD 1278
CALIENTE ROAD ‐ CALIENT RD N/S LA JOLLA ROAD S/S APACHE ROAD 1279 CALIFORNIA AVENUE ‐ CALIFORNIA S/S SUNNY DUNES ROAD S END 1280 CALLE LILETA ‐ CA LILETA E/S SATURMINO DRIVE W/S AVENIDA ELEANOR 1290 CAMINO CENTRO ‐ CAM CENTRO N/S CAMINO SUR N/S S VIA LAS PALMAS 1292 CAMINO CENTRO ‐ CAM CENTRO N/S N VIA LAS PALMAS S/S VEREDA NORTE 2024 Slurry List, City Project 24-02
Item 1H - Page 5
Section ID Street Name Beg Location End Location
1293 CAMINO CENTRO ‐ CAM CENTRO N/S VEREDA NORTE S/S CAMINO NORTE 1303 CAMINO MONTE ‐ CAM MONTE S/S CAMINO ALTURAS S END 1304 CAMINO NORTE ‐ CAM NORTE E/S STEVENS ROAD W/S VIA MONTE VISTA 1306 CAMINO MONTE VISTA ‐ CA MTE VST E/S PALM CANYON DRIVE W/S INDIAN CANYON DRIVE 1311 CAMINO PAROCELA ‐ CAM PRCELA W/S CALLE PALO FIERRO W/S CAMINO REAL 1312 CAMINO PAROCELA ‐ CAM PRCELA E/S CAMINO REAL W/S WARM SANDS DRIVE 1316
CAMINO PAROCELA ‐ CAM PRCELA E/S EL CIELO ROAD W/S EL PLACER ROAD 1318 CAMINO PAROCELA ‐ CAM PRCELA E/S AVENIDA EVELITA W/S PASEO DOROTEA 1319 CAMINO PAROCELA ‐ CAM PRCELA E/S PASEO DOROTEA W/S CALLE SANTA CRUZ 1324 CAMINO PAROCELA ‐ CAM PRCELA E/S GENE AUTRY TRAIL W/S SAN LUIS REY DRIVE 1331 CAMINO REAL ‐ CAM REAL S/S MESQUITE AVENUE N/S CALLE PALO FIERRO 1333 CAMINO REAL ‐ CAM REAL N/S SONORA ROAD E/S INDIAN TR AIL 1339 CAMINO SAN MIGUEL ‐ CAM SN MGL E/S EL PLACER ROAD W/S AVENIDA EVELITA 1345 CAMINO SUR ‐ CAM SUR W/S CAMINO DEL CORTO E/S VIA MONTE VISTA 1347 CANON DRIVE ‐ CANON DR N/S SUNNY DUNES ROAD S/S THERESA DRIVE 1351 CALLE PAUL ‐ CA PAUL N/S PASEO CAROLETA S/S CALLE SAN ANTONIO 1353 CALLE PALO FIERRO ‐ CA PL FRRO S/S RAMON ROAD N/S CAMINO PAROCELA 1364 CARDILLO AVENUE ‐ CARDILLO N/S VIA ESC UELA S/S VIA OLIVERA 1366 CARDILLO AVENUE ‐ CARDILLO N/S RACQUET CLUB ROAD S/S CABRILLO ROAD 1367 CARDILLO AVENUE ‐ CARDILLO N/S CABRILLO ROAD S/S SAN MARCOS WAY 1368 CALLE DE RICARDO ‐ CA RICARDO E/S EL PLACER ROAD W/S AVENIDA EVELITA 1377 CALLE ROLPH ‐ CA ROLPH S/S ALEJO ROAD S END (CDS) 1378 CALLE ROLPH ‐ CA ROLPH S/S MESQUITE AVENUE N/S E PALM CANYON DRIVE 1380 CALLE EL SEGUNDO ‐ CA SEGUNDO N/S RAM ON ROAD N/S SATURNINO ROAD 1390 CALLE SAN RAPHAEL ‐ CA SN RPHL W/S CALLE SANTA CRUZ E/S PASEO DOROTEA 1393 CALLE SANTA CRUZ ‐ CA SNT CRZ S/S RAMON ROAD N/S SUNNY DUNES ROAD 1397 CERES ROAD ‐ CERES RD W/S HIGH ROAD E/S ROSE AVENUE 1398 CERRITOS ROAD ‐ CERRITOS S/S JOYCE DRIVE N/S FRANCIS DRIVE 1399 CERRITOS ROAD ‐ CERRITOS S/S FRANCIS DRIVE N/S DEL LAGO ROAD 1405 CERRITOS DRIVE ‐ CERRITOS S/S TACHEVAH DRIVE N/S ALEJO ROAD 1406
CERRITOS DRIVE ‐ CERRITOS S/S ALEJO DRIVE N/S AMADO ROAD 1408 CERRITOS DRIVE ‐ CERRITOS N/S ANDREAS ROAD ‐ W END N/S ANDREAS ROAD ‐ E END 1410 CERRITOS DRIVE ‐ CERRITOS S/S CERRITOS ROAD N/S ANDREAS ROAD 1411 CERRITOS DRIVE ‐ CERRITOS S/S CERRITOS ROAD N/S ANDREAS ROAD 1415 CERRITOS ROAD ‐ CERRITOS S/S MESQUITE AVENUE S/S SONORA ROAD 1419 CHEROKEE WAY ‐ CHEROKEE S/S SEVEN LAKES DRIVE N/S E PALM CANYON DRIVE 1438 CHUCKWALLA ROAD ‐ CHUCKWALLA E/S VIA M IRALESTE W/S AVENIDA CABALLEROS 1443 CIVIC DRIVE ‐ CIVIC DR N/S BARISTO ROAD S/S TAHQUITZ CANYON WAY 1452 COMPADRE ROAD ‐ COMPADRE S/S RAMON ROAD N/S SUNNY DUNES ROAD 1453 COMPADRE ROAD ‐ COMPADRE N/S MESQUITE AVENUE N/S SONORA ROAD 1454 COMPADRE ROAD ‐ COMPADRE S/S SONORA ROAD N/S AVERY DRIVE 1457 CONCHITA WAY ‐ CONCHITA W/S LA REINA WAY W END (CDS) 1458 CONCHO LANE ‐ CONCHO LN N/S JACARANDA ROAD N END (CDS) 1463 CORTEZ ROAD ‐ CORTEZ W/S DE ANZA ROAD W/S ZANJERO ROAD 1469 CRESCENT DRIVE ‐ CRESCENT W/S VIA MONTE VISTA W END 1472 CRESTVIEW WAY ‐ CRESTVIEW S/S RIDGE ROAD S END
1483 DEBBY ROAD ‐ DEBBY RD N/S ANDREAS ROAD S/S TERRY LANE 1500 DILLON ROAD ‐ DILLON RD W/S DIABLO ROAD 321 FT. W/O MELISSA ROAD 1501 DILLON ROAD ‐ DILLON RD 321 FT. W/O MELISSA ROAD W/S KAREN AVENUE 1503 DINAH SHORE DRIVE ‐ DINAH SHR E/S GENE AUTRY TR AIL E/S SAN LUIS REY DRIVE 1506 DIVOT LANE ‐ DIVOT LN S/S PAR DRIVE N/S EAGLE WAY 1519 DESERT WAY ‐ DSRT WAY S/S RAMON ROAD N/S CAMINO PAROCELA 1534 EL ALAMEDA ‐ EL ALAMEDA E/S INDIAN CANYON DRIVE E END 1542 EL CAMINO WAY ‐ EL CAMINO W/S S PALM CANYON DRIVE W END 1544 EL CID ‐ EL CID E/S AVENIDA CABALLEROS E END (CDS) 1546 EL CIELO ROAD ‐ EL CIELO N END (CDS) N/S TAHQUITZ CANYON WAY 1551
EL CONQUISTADOR ROAD ‐ EL CNQSTDR E/S AVENIDA CABALLEROS E END (CDS) 1556 EL ORO WAY ‐ EL ORO WY NW CERRITOS DRIVE NE CERRITOS DRIVE 1559 EL PLACER RD ‐ EL PLACER N/S CALLE SAN RAPHAEL N/S MESQUITE AVENUE 1573 EAST PALM CANYON FRONTAGE NORTH ‐ EPC N FRTG W/S LA REINA WAY E/S CERRITOS ROAD 1575 EAST PALM CANYON FRONTAGE NORTH ‐ EPC N FRTG W/S ANDEE DRIVE 294 FT. W. OF ANDEE DRIVE 1584 EUGENE ROAD ‐ EUGENE RD S/S CAMINO PAROCELA N/S SUNNY DUNES ROAD 1587 FAIR CIRCLE ‐ FAIR CR N/S LEISURE WAY N END (CDS) 1588 FAIRVIEW CIRCLE ‐ FAIRVIEW N/S REGAL DRIVE N END (CDS) 1607 FRANCIS DRIVE ‐ FRANCIS W/S AVENIDA CABALLEROS W/S SUNRISE WAY 1631 GENE AUTRY TRAIL ‐ GENE AUTRY 315 FT. S/O VIA ESCUELA S/S VIA ESCUELA 1634 GEORGE DRIVE ‐ GEORGE N/S VIA ESC UELA N END (CDS) 2024 Slurry List, City Project 24-02
Item 1H - Page 6
Section ID Street Name Beg Location End Location
1638 GIRASOL AVENUE ‐ GIRASOL S/S VIA OLIVERA N/S VIA ESCUELA 1647 GRANITO CIRCLE ‐ GRANITO CR N/S VIA LAS PALMAS N END (CDS) 1648 GRANVIA VALMONTE ‐ GRAN VLMNT W/S SUNRISE WAY E/S HERMOSA DRIVE 1649 GRANVIA VALMONTE ‐ GRAN VLMNT W/S HERMOSA DRIVE E/S ARQUILLA ROAD 1653 GRANVIA VALMONTE ‐ GRAN VLMNT W/S VIA CHICA E/S INDIAN CANYON DRIVE 1657 GUADALUPE ROAD ‐ GUADALUPE E/S LA BREA ROAD W/S BEVERLY DRIVE 1659 HELENA CIRCLE ‐ HELENA CR N/S ANDREAS ROAD N END (CDS) 1679 HERMOSA PLACE ‐ HERMOSA PL E/S MISSION ROAD W/S N PALM CANYON DRIVE 1683 HIGH ROAD ‐ HIGH RD N/S CRESCENT DRIVE S/S CERES ROAD 1689 INCA CIRCLE ‐ INCA CR S/S VERA CRUZ ROAD S END (CDS) 1694 INDIAN CANYON DRIVE ‐ IND CYN DR N/S TAHQUITZ CANYON WAY S/S ALEJO ROAD 1705 INDIAN TRAIL ‐ INDIAN TR S/S SONORA ROAD N/S CAMINO REAL 1706 INDIAN TRAIL ‐ INDIAN TR N/S CAMINO REAL N/S E PALM CANYON DRIVE 1711 JACQUES DRIVE ‐ JACQUES DR N END (CDS) N/S VIA ESCUELA 1716 JASON COURT ‐ JASON CT N/S ARNICO STREET N END (CDS) 1717 JILL CIRCLE ‐ JILL CR N/S ANDREAS ROAD N END (CDS) 1720 JOYCE DRIVE ‐ JOYCE DR W/S FARRELL DRIVE E/S SUNRISE WAY 1721 JUAN CIRCLE ‐ JUAN CR S/S GATEWAY DRIVE S END (CDS) 1732 KAWEAH ROAD ‐ KAWEAH N/S STEVENS ROAD S/S VIA SOL 1736 LA BREA ROAD ‐ LA BREA RD S/S VERA CRUZ ROAD N/S GUADALUPE ROAD 1743 LA REINA WAY ‐ LA REINA S/S SONORA ROAD N/S E PALM CANYON DRIVE 1747 LA VERNE WAY ‐ LA VERN WY E/S S PALM CANYON DRIVE W/S CAMINO REAL 1757 LEISURE WAY ‐ LEISURE WY W/S VIA MONTE VISTA E/S HIGH ROAD 1758 LEONARD ROAD ‐ LEONARD RD S/S RACQUET CLUB ROAD N/S VIA OLIVERA 1759 LEONARD ROAD ‐ LEONARD RD S/S VIA OLIVERA S END
1761 LESLIE CIRCLE ‐ LESLIE CR N/S ANDREAS ROAD N END (CDS) 1763 LINDA VISTA DRIVE ‐ LINDA VSTA W/S PATENCIO ROAD W END 1764 LINDEN WAY ‐ LINDEN WY N/S MATTHEW DRIVE S/S EAST PALM CANYON DRIVE 1771 LINDA VISTA ROAD ‐ LNDA VSTA S/S PASEO EL MIRADOR E/S PASATIEMPO ROAD 1774 LORENA WAY ‐ LORENA WY W/S SHANNON WAY W END (CDS) 1775 LORENA WAY ‐ LORENA WY W/S PASEO DE ANZA W END (CDS) 1780 LOS NIETOS ROAD ‐ LOS NIETOS N/S ALEJO ROAD S/S GRANVIA VALMONTE 1782 LOS ROBLES DRIVE ‐ LOS ROBLES N/S VIA VADERA N END 1785 LOUISE DRIVE ‐ LOUISE DR E/S VIA MIRALESTE W/S AVENIDA CABALLEROS 1796 LYN CIRCLE ‐ LYN CR N/S ANDREAS ROAD N END (CDS)
1817 MCCARTHY ROAD ‐ MCCARTHY S/S RADIO ROAD N/S SAN RAFAEL ROAD 1829 MESQUITE AVENUE ‐ MESQUITE WEST END W/S PARK VIEW LANE 1830 MESQUITE AVENUE ‐ ME SQUITE W/S PARK VIEW LANE 323 FT. E/O PARK VIEW LANE 1840 MESQUITE AVENUE ‐ MESQUITE E/S EL CIELO ROAD W/S MOUNTAIN VIEW DRIVE 1843 MESQUITE AVENUE ‐ MESQUITE E/S VELLA ROAD W/S GENE AUTRY TRAIL 1845 MICHELLE ROAD ‐ MICHELLE N/S ANDREAS ROAD S/S TERRY LANE 1856 MONTEREY ROAD ‐ MONTEREY S/S TAMARISK ROAD N/S ALEJO ROAD 1857 MONTEREY ROAD ‐ MONTEREY S/S ALEJO ROAD N/S AMADO ROAD 1858 MONTEREY ROAD ‐ MONTEREY S/S AMADO ROAD N/S ANDREAS ROAD 1859
MONTE VISTA DRIVE ‐ MONTE VSTA W/S CAHUILLA ROAD S/S PABLO DRIVE 1866 MOUNTAIN VIEW DRIVE ‐ MTN VW DR N/S MESQUITE AVENUE S/S SUNNY DUNES ROAD 1874 MUSEUM DRIVE ‐ MUSEUM S/S BELARDO ROAD N/S TAHQUITZ CANYON WAY 1880 NAVAJO DRIVE ‐ NAVAJO DR S/S TWIN PALMS DRIVE N/S LA VERNE WAY 1881 NEWHALL STREET ‐ NEWHALL ST N/S ORR WAY S/S 19TH AVENUE 1898 OLGA WAY ‐ OLGA WAY W/S PASEO DE ANZA W END (CDS) 1901
ORANGE AVENUE ‐ ORANGE AV S/S SUNNY DUNES ROAD S END
1902 ORCHID TREE LANE ‐ ORCHID TR N/S ANDREAS ROAD S/S AMADO ROAD 1903 ORCHID TREE LANE ‐ ORCHID TR N/S AMADO ROAD S/S ALEJO ROAD 1906 ORELLA CIRCLE ‐ ORELLA CR W/S BEVERYLY DRIVE W END (CDS) 1912 PABLO DRIVE ‐ PABLO DR W/S CAHUILLA ROAD N/S SANTA ROSA DRIVE 1917 PALERMO DRIVE ‐ PALERMO S/S RACQUET CLUB ROAD N/S VIA OLIVERA 1921 PALOMINO ROAD ‐ PALMNO RD W/S MANZANITA AVENUE N/S E DEEPWELL ROAD 1929 PANORAMA ROAD ‐ PANORAMA S/S CHINO CANYON ROAD ‐ E END CHINO CANYON ROAD ‐ NW END 1930 PAR DRIVE ‐ PAR DR W/S BIRDIE WAY E/S GENE AUTRY TRAIL FRONTAGE 1931 PARK DRIVE ‐ PARK DR E/S SATURMINO DRIVE W/S CERRITOS ROAD 1934 PAROCELA PLACE ‐ PAROCLA PL W/S WARM SANDS DRIVE S/S CAMINO PAROCELA 1938 PASEO DE ANZA ‐ PASEO ANZA S/S RACQUET CLUB ROAD N/S VIA ESCUELA 1943 PASEO DERO ‐ PASEO DERO N/S CAMINO SUR N END (CDS) 1949 PASEO GRACIA ‐ PASO GRCIA N/S ARENAS ROAD S/S CALLE LILETA 1950 PASEO ROSETA ‐ PASO ROSTA N/S CALLE FELICIA N/S ARENAS ROAD 1952 PATENCIO LANE ‐ PTNCIO LN E/S PATENCIO ROAD E END 1985 PUERTA DEL SOL ‐ PUERTA SOL S/S SAN CARLOS ROAD S END 2024 Slurry List, City Project 24-02
Item 1H - Page 7
Section ID Street Name Beg Location End Location
2016 RANDOM ROAD ‐ RANDOM RD S/S S RIVERSIDE DRIVE N/S MESQUITE AVENUE 2019 RENEE CIRCLE ‐ RENEE CR W/S ANDEE CIRCLE W END (CDS) 2027 ROBERTO DRIVE ‐ ROBERTO DR N/S VIA ESCUELA N END (CDS) 2030 ROCHELLE ROAD ‐ ROCHELLE W/S INDIAN CANYON DRIVE W END 2031 ROCK CIRCLE ‐ ROCK CR N/S ALEXANDER WAY N END (CDS) 2037 ROSA PARKS ROAD ‐ ROSA PARKS W/S EASTGATE ROAD E/S VIDEO ROAD 2041 ROSE AVENUE ‐ ROSE AVE S/S CERES ROAD N/S STEVENS ROAD 2044 RUSH STREET ‐ RUSH ST N/S 34TH AVENUE 625 FT. N/O 34TH AVENUE 2046 SABITA WAY ‐ SABITA WY W/S SHANNON WAY W END (CDS) 2047 SABITA WAY ‐ SABITA WY W/S PASEO DE ANZA W END (CDS) 2068 SAN JOAQUIN DRIVE ‐ SN JOAQUIN E/S FARRELL DRIVE N/S SONORA ROAD 2069 SAN JOAQUIN DRIVE ‐ SN JOAQUIN S/S SONORA ROAD S END (CDS) 2073 SAN MARCO WAY ‐ SN MARCO E/S PUERTO DEL SOL W/S INDIAN CANYON DRIVE 2085 SATURMINO DRIVE ‐ SATRMNO DR N/S ANDREAS ROAD N/S TAHQUITZ CANYON WAY 2086 SATURMINO DRIVE ‐ SATRMNO DR S/S TAHQUITZ CANYON WAY N/S BARISTO ROAD 2093 SCOTIA LANE ‐ SCOTIA LN S/S SAN JUAN ROAD N/S VISTA CHINO 2099 SERENA CIRCLE ‐ SERENA CR N/S CHRISTINA WAY N END (CDS) 2100 SHANNON WAY ‐ SHANNON WY S/S AMELIA WAY N/S OLGA WAY 2106 SIERRA WAY ‐ SIERRA WY E/S CAMINO REAL W/S CALIENTE DRIVE 2114 SAN JACINTO DRIVE ‐ SN JCNT DR N/S BARISTO ROAD S/S ARENAS ROAD 2122 SAN LUCAS ROAD ‐ SN LUCAS W/S SUNRISE WAY E/S CAMINO REAL 2125 SAN MARTIN ‐ SN MARTIN W/S EL CIELO ROAD W END (CDS) 2128 SAN MATEO DRIVE ‐ SN MTO DR E/S FARRELL DRIVE N/S SONORA ROAD 2129 SAN MATEO DRIVE ‐ SN MTO DR S/S SONORA ROAD S END (CDS) 2141 SONORA ROAD ‐ SONORA RD SAN JOAQUIN DRIVE E/S FARRELL DRIVE 2142 SONORA ROAD ‐ SONORA RD W/S FARRELL DRIVE E/S CERRITOS ROAD 2143 SONORA ROAD ‐ SONORA RD W/S CERRITOS ROAD E/S SUNRISE WAY 2144 SONORA ROAD ‐ SONORA RD W/S SUNRISE WAY E/S CALLE MARCUS 2145 SONORA ROAD ‐ SONORA RD W/S CALLE MARCUS E/S CALLE ROLPH 2146 SONORA ROAD ‐ SONORA RD W/S CALLE ROLPH E/S SAGEBRUSH ROAD 2149 SONORA ROAD ‐ SONORA RD W/S VIA SOLEDAD E/S S PALM CANYON DRIVE 2176
SANTA YNEZ WAY ‐ STA YNEZ W/S FARRELL DRIVE W END (CDS) 2180 STEVENS ROAD ‐ STEVENS RD W/S VIA MONTE VISTA E/S ROSE AVENUE 2188 SUNNY DUNES ROAD ‐ SUNNY DUNE E/S EL CIELO ROAD W/S DESERT WAY 2190 SUNNY DUNES ROAD ‐ SUNNY DUNE E/S PLACER ROAD W/S AVENIDA EVELITA 2191 SUNNY DUNES ROAD ‐ SUNNY DUNE E/S AVENIDA EVELITA W/S PASEO DOROTEA 2193 SUNNY DUNES ROAD ‐ SUNNY DUNE E/S CALLE SANTA CR UZ W/S VELLA ROAD 2203 SUNRISE WAY ‐ SUNRISE WY S/S RACQUET CLUB ROAD N/S VIA ESCUELA 2218 SUNVIEW AVENUE ‐ SUNVIEW AV N/S COROZON AVENUE E/S GRANDA AVENUE 2219 SUNVIEW AVENUE ‐ SUNVIEW AV W/S GRANADA AVENUE N/S COROZON AVENUE 2223 SYBIL ROAD ‐ SYBIL RD N/S LIVMOR AVENUE S/S PLAIMOR AVENUE 2232 TACHEVAH DRIVE ‐ TACHEVAH E/S MONTALVO WAY W/S GENE AUTRY TRAIL 2234 TAMARISK ROAD ‐ TAMARISK E/S JUANITA ROAD E/S FARRELL DRIVE 2236 TAMARISK ROAD ‐ TAMAR ISK W/S CERRITOS ROAD E/S SUNRISE WAY 2244 THE PALMS STREET ‐ THE PALMS W/S VIA MIRALESTE W END (CDS) 2245 THERESA DRIVE ‐ THERESA DR W/S CANON DRIVE E/S COMPADRE ROAD 2265 TAHQUITZ CANYON WAY ‐ TQZ CYN WY W/S BELARDO ROAD W/S MUSEUM DRIVE 2269 TRAIL CIRCLE ‐ TRAIL CR N/S ALEXANDER WAY N END (CDS) 2273 TUSCAN ROAD ‐ TUSCAN S/S RACQUET CLUB ROAD N/S VIA OLIVERA 2274 TUSCAN ROAD ‐ TUSCAN S/S VIA OLIVERA S END
2275
TUXEDO CIRCLE ‐ TUXEDO CR N/S REGAL DRIVE N END (CDS)
2291 VERA CRUZ ROAD ‐ VERA CRUZ W/S BEVERLY DRIVE E/S LA BREA ROAD 2296 VERBENA DRIVE ‐ VERBENA W/S PASEO DE ANZA E/S HERMOSA DRIVE 2306 VIA COLUSA ‐ VIA COLUSA W/S HERMOSA DRIVE E/S ARQUILLA ROAD 2315 VIA ESCUELA ‐ VIA ESCUEL E/S INDIAN CANYON DRIVE W/S AVENIDA CABALLEROS 2316 VIA ESCUELA ‐ VIA ESCUEL E/S AVENIDA CABALLEROS W/S HERMOSA DRIVE 2320 VIA ESCUELA ‐ VIA ESC UEL 130 FT. E/O WHITEWATER CLUB DRIV W/S GENE AUTRY TRAIL 2322 VIA EYTEL ‐ VIA EYTEL E/S AVENIDA PALMAS W/S AVENDA PALOS VERDES 2327 VIA MIRALESTE ‐ VIA MRLSTE S/S RACQUET CLUB ROAD N/S VIA ESCUELA 2331 VIA MIRALESTE ‐ VIA MRLSTE S/S PASEO EL MIRADOR N/S TACHEVAH DRIVE 2332 VIA MIRALESTE ‐ VIA MRLSTE S/S TACHEVAH DRIVE 318 FT. S. OF TACHEVAH 2336 VIA MONTE VISTA ‐ VIA MT VST S/S VIA OLI VERA S END 2338 VIA NORTE ‐ V NORTE S/S VISTA CHINO N/S STEVENS ROAD 2344 VIA OLIVERA ‐ VIA OLVRA W/S VIA MONTE VISTA E/S VISTA DRIVE 2349 VIA SOL ‐ VIA SOL W/S WAWONA ROAD E/S VIA NORTE
2350 VIA SOL ‐ VIA SOL E/S VIA NORTE W END
2353 VIA VAQUERO ‐ VIA VAQURO W/S COMPADRE ROAD W END
2024 Slurry List, City Project 24-02
Item 1H - Page 8
Section ID Street Name Beg Location End Location
2354 VIA VADERA ‐ VIA VDRA W/S VISTA VESPERO E/S ABRIGO ROAD 2355 VIA VADERA ‐ VIA VDRA W/S ABRIGO ROAD E/S ROSE AVENUE 2356 VIA VADERA ‐ VIA VDRA W/S ROSE AVENUE W END
2365 VINE AVENUE ‐ VINE AV S/S STEVENS ROAD N/S CAMINO NORTE 2367 VIRGINIA ROAD ‐ VIRGINIA 345 FT. S/O SAN RAFAEL ROAD N/S SANTA CATALINA ROAD 2368 VIRGINIA ROAD ‐ VIRGINIA S/S SANTA CATALINA ROAD 270 FT. N/O SAN CARLOS ROAD 2371 VISTA DRIVE ‐ VIST A DR S/S CHINO CANYON ROAD S END 2375 VIA LAS PALMAS ‐ V LAS PALM E/S ABRIGO ROAD W/S VIA MONTE VISTA 2377 VIA LAS PALMAS ‐ V LAS PALM S/S VIA LAS PALMAS ‐ N/S 208 FT. W PALM CANYON DRIVE 2379 VIA LAS PALMAS ‐ V LAS PALM 208 FT. W OF PALM CANYON DRIVE VIA LAS PALMAS ‐ N/S 2383 VIA MONTE VISTA ‐ V MNT VST N/S VIA LAS PALMAS N/S CAMINO SUR 2387 VIA PARAISO ‐ V PARAISO N/S VIA VADERA N END (CDS) 2390 VISTA CHINO ‐ VSTA CHINO W/S VIA NORTE E/S VIA MONTE VISTA 2391 VISTA CHINO ‐ VSTA CHINO E/S GENE AUTRY TRAIL 1605 FT. E/O GENE AUTRY TRAIL 2393 VISTA ORO ‐ VSTA ORO S/S CAMINO PAROCELA N/S SUNNY DUNES ROAD 2397 WAWONA ROAD ‐ WAWAONA N/S STEVENS ROAD S/S VISTA CHINO 2400 TWIN PALMS DRIVE W/S LA VERNE WAY E/S VIA AQUILA 2409 WEST PALM CANYON DRIVE ‐ W PALM CYN S/S S PALM CANYON DRIVE S/S E PALM CANYON DRIVE 2420 YUCCA PLACE ‐ YUCCA PL N/S ANZA DRIVE S/S MARION WAY 2421 ZACHARY COURT ‐ ZACHARY N/S ARNICO STREET N END (CDS) 2423 ZANJERO ROAD ‐ ZANJERO S/S YORBA ROAD S/S SAN CARLOS ROAD 2024 Slurry List, City Project 24-02
NOTE: The slurry list above will be broken down into four (4) bid schedule A, B, C, & D for bidding purposes.
In the event that the total of all bid schedules (A+B+C+D) exceeds the Slurry Budget, then only the bids schedules who sum is less than the Slurry budget will be recommended for awarding a contract.
Item 1H - Page 9
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2024 Slurry Seal Map, City Project 24-02
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CITY COUNCIL STAFF REPORT
DATE: JUNE 27, 2024 CONSENT CALENDAR
SUBJECT: A REQUEST BY CGR DEVELOPMENT ON BEHALF OF SPROUTS
FARMERS MARKET FOR A RESOLUTION OF PUBLIC CONVENIENCE
OR NECESSITY (PCN) TO SELL BEER AND WINE FOR OFF-PREMISES CONSUMPTION (TYPE 20 – OFF-SALE BEER & WINE) AT A NEW
GROCERY STORE, SPROUTS FARMERS MARKET, LOCATED AT 5200
EAST RAMON ROAD BUILDING B (APN: 677 -420-058), ZONE PD -291, SECTION 17 (CASE PCN-2024-0001)
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:
The applicant has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 20 (Off-Sale Beer & Wine) liquor license for a new grocery store, Sprouts Farmers Market, within The Springs Shopping Center. The subject property is located within a Census tract , which is identified by the ABC as an area of undue concentration of liquor licenses. The applicant is therefore requesting that City Council make a determination of public convenience or necessity for the sale of beer and wine in conjunction with the operation of a grocery store.
RECOMMENDATION:
1) Adopt Resolution No._____, “A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT PUBLIC
CONVENIENCE OR NECESSITY WOULD BE SERVED BY THE ISSUANCE OF A TYPE 20 (OFF -SALE BEER & WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR SPROUTS FARMERS MARKET LOCATED AT 5200 EAST RAMON ROAD BUILDING B WITHIN CENSUS TRACT NO. 447.02.”
BUSINESS PRINCIPAL DISCLOSURE:
Public Integrity Disclosure Form is attached to this staff report (Attachment C).
Item 1I - Page 1
City Council Staff Report
June 27, 2024 -- Page 2
Determination of Public Convenience or Necessity - PCN-2024-0001
BACKGROUND:
The project site is a 28,245-square-foot commercial space within The Springs Shopping Center at the northeast corner of East Ramon Road and South Gene Autry Trail. The shopping center abuts the City of Cathedral City on the east side. The proposed business, Sprouts Farmers Market, will be located within Unit B, which was previously occupied by Bed Bath & Beyond.
The context map of The Springs Shopping Center is attached to this report (Attachment H).
The business is proposing to conduct the sale of alcoholic beverages for off-site consumption subject to a Type 20 ABC liquor license in conjunction with the operation of a grocery store.
Approximately 400 square feet within the tenant space, which is less than 2% of the tenant space, will be dedicated to alcoholic beverage sales. The floor plan of the proposed business is attached to this report (Attachment G). The project site is Planned Development District No. 291 (PD-291) in which grocery stores are permitted by right pursuant to Resolution No. 6175.
STAFF ANALYSIS:
The California Department of Alcoholic Beverage Control (ABC) requires a Type 20 (Off- Sale Beer & Wine) liquor license for the proposed beer and wine sales at Sprouts Farmers Market, as well as the determination of Public Convenience or Necessity (PCN) due to undue concentration of liquor licenses within the Census tract, in which the site is located.
The ABC identifies the Type 20 liquor license as follows:
“Issued to retail stores. Authorizes the sale of beer and wine for consumption off the premises where sold. Minors are allowed on the premises.”
The second paragraph of Section 23958 of the State of California Business and Professions Code states that the California Department of Alcoholic Beverage Control (ABC) is required to “…deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4. ” Section 23958.4(a)(3) of the Code defines undue concentration as follows:
“As to off-sale retail license applications, the ratio of off -sale retail licenses to population in the census tract or census division in which the applicant premises are located exceeds the ratio of off -sale retail licenses to population in the county in which the applicant premises are located.”
The Section further states that a license may nevertheless be issued in an area of undue concentration when “… the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body, determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.” (State of California Business and Professions Code, Section 23958.4(b)(2).
The project site is located within Census Tract No. 447.02, which is generally identified as the area located at the northeast corner of East Ramon Road and South Gene Autry Item 1I - Page 2
City Council Staff Report
June 27, 2024 -- Page 3
Determination of Public Convenience or Necessity - PCN-2024-0001
Trail. As shown on the Census tract map (Attachment E), a large portion of the tract map area is located in the City of Cathedral City. The only portion of the Census tract that is located within the City of Palm Springs is The Springs Shopping Center site.
According to the California Department of Alcoholic Beverage Control ( ABC) liquor license application (Attachment D), only one (1) Type 20 liquor license would be allowed in the particular tract, while three (3) licenses have been issued. Hence, the applicant is requesting a determination of public convenience or necessity from the City Council to allow ABC to issue a liquor license for the sale of beer and wine in conjunction with the operation of the grocery store, notwithstanding the undue concentration in the Census tract.
The proposed activity takes place within The Springs Shopping Center which is a multi- tenant commercial complex. The site is located at the intersections of two major throughfares, East Ramon Road and South Gene Autry. The Gene Autry Plaza, another multi-tenant commercial complex that is comparable to The Springs Shopping Center in scale, is located across the street. Located on an active commercial corridor at the east end of the City, the site is easily accessible from the nearby residential neighborhoods of two abutting cities, the airport, and other commercial activities. This provides an opportunity for the business to offer the convenience of “one stop shopping” and serve a wide range of clients who visit the premises for different purposes.
While there is an existing grocery store, ALDI, within the same building in which t he business will be located, ALDI and Sprouts Farmers Market present unique corporate identities that are different from each other. While Sprouts Farmers Market “…specializes in farm-fresh produce purchased from local growers …” (Attachment F, page 1) , ALDI stores are “… designed with savings in mind” (from the ALDI corporate website:
https://www.aldi.us/about-us/about-aldi/
). The justification letter describes Sprouts
Farmers Market as “…magical middle ground between conventional supermarkets, healthy food superstores, and Trader Joe’s-like discounters, making this a unique retailer in this neighborhood” (Attachment F, page 4). The business proposes to offer wines from California, Australia, Chile, and Europe, as well as specialty beers in the unique retail environment. Therefore, the addition of alcoholic beverages offered by the business will diversify the products and services that the area currently has to offer.
For the reasons stated above, staff has determined that the project would serve the Public Convenience and Necessity.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with City Council Strategic Priority 1, Quality of Life.
Item 1I - Page 3
City Council Staff Report
June 27, 2024 -- Page 4
Determination of Public Convenience or Necessity - PCN-2024-0001
FISCAL IMPACT:
None.
REVIEWED BY:
Department Director: Christopher Hadwin
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:
A. Vicinity Map
B. Draft Resolution
C. Public Integrity Disclosure Form
D. ABC License Application
E. Census Tract No. 447.02
F. Justification Letter
G. Floor Plan
H. Context Map
Item 1I - Page 4
ATTACHMENT A
Item 1I - Page 5
Department of Planning Services
Vicinity Map
CITY OF PALM SPRINGS
Sprouts Farmers Market – Determination of Public Convenience or Necessity 5200 East Ramon Road (APN: 677-420-058)
Case PCN-2024-0001
Item 1I - Page 6
11..egend
~St8
c:J 500 F Rsdiu!> East Ramon Road
•
.
.
W E .
.
.
s
I I
----~---~-----------r--- ---1
ATTACHMENT B
Item 1I - Page 7
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DETERMINING THAT
PUBLIC CONVENIENCE OR NECESSITY WOULD BE
SERVED BY THE ISSUANCE OF A TYPE 20 (OFF -SALE
BEER & WINE) ALCOHOLIC BEVERAGE CONTROL
LICENSE FOR SPROUTS FARMERS MARKET LOCATED
AT 5200 EAST RAMON ROAD BUILDING B WITHIN
CENSUS TRACT NO. 447.02.
WHEREAS, Terri Dickerhoff of CGR Development has initiated the application process for a California Department of Alcoholic Beverage Control (ABC) Type 2 0 (Off- Sale Beer & Wine) license to sell beer and wine at Sprouts Farmers Market located at 5200 East Ramon Road Building B, Census Tract No. 447.02, Zone PDD 291, APN:
677-
420-058; and
WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that there are three (3) existing Type 20 license within Census Tract No. 447.02, while only one (1) alcohol license would be allowed based on off -sale retail licenses to population in the County in which the applicant’s premise is located; and
WHEREAS, The California Department of Alcoholic Beverage Control (ABC) has determined that is the addition of the requested license would cause an “undue concentration” of alcohol-related licenses in the Census Tract No. 447.02; and
WHEREAS, Pursuant to Section 23958.4(b)(2) of the State of California Business and Professions Code, the City Council may determine the public convenience or necessity would be served by the issuance of the requested license within an area of undue concentration; and
WHEREAS, Sprouts Farmers Market is a new grocery store, which will be located with a multi-tenant commercial complex, The Springs. The business specializes in farm- fresh produce purchased from local growers, and it is propos ing to conduct the sale of beer and wine for off -site consumption in conjunction with the operation of the grocery store. The issuance of a Type 20 (Off-Sale Beer & Wine) liquor license will allow the business to serve the public convenience due to the following findings: 1) The site is located on an active commercial corridor at the intersection of two major throughfares which provides an opportunity to offer “one stop shopping” and serve a wide range of clients who visit the premises for different purposes; and 2) the corporate identity of Sprouts Farmers Market is different from that of the existing grocery store in the same commercial complex. The business offers unique retail environment and products which will contribute to diversifying the products and services that area currently has to offer.
Item 1I - Page 8
Resolution No. _____
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 public convenience or necessity would be served by the issuance of a Type 20 (Off-Sale Beer & Wine) alcoholic beverage license for the sale of beer and wine at Sprouts Farmers Market located at 5200 East Ramon Road Building B, Census Tract No. 447.02, Section 17.
ADOPTED THIS 27TH DAY OF JUNE, 2024.
SCOTT C. STILES
CITY MANAGER
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 1I - Page 9
Resolution No. _____
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 1I - Page 10
ATTACHMENT C
Item 1I - Page 11
WB813284
Sprouts Farmers Markets
Holdings, LLC (Delaware)
(EIN: 45-1076258)
Sprouts Farmers
Market, Inc.
(Delaware)
(EIN: 32-0331600)
Sunflower Farmers
Markets, LLC
(Delaware)
(EIN: 38-3664887)
SFM, LLC
(Delaware)
(EIN: 90-0657615)
SFM Logistics, LLC
(Arizona)
(EIN: 27-2133439)
SF Market Texas,
LLC (Delaware)
(EIN: 59-3822221)
SFM Manager, LLC
(Texas)
(EIN: 45-1839061)
Henrys Holdings LLC
(Delaware)
(EIN: 26-0557298)
100% 100% 100% 100% 100% 100%
100%
Item 1I - Page 12
Sprouts Farmers Market, Inc.
Corporate Structure Chart
I I I I I
June 12, 2024
To Whom It May Concern:
Sprouts Farmers Market, Inc. is the ultimate parent company of Sprouts Farmers Markets Holdings, LLC and SF Markets, LLC and is a publicly traded corporation on the Nasdaq Stock Exchange under the symbol ‘SFM’.
No individual owns more than 5% of the outstanding stock of Sprouts Farmers Market, Inc. As of February 2024 (the most recent date such information was available to us), three institutional investment funds owned more than 5% of the outstanding stock of Sprouts Farmers Market, Inc. as follows:
Investment Fund Ownership Percentage
FMR LLC (Fidelity) 12.9%
BlackRock, Inc. 12.6%
The Vanguard Group 10.6%
Regards,
Brandon Lombardi
Chief Legal Officer and Corporate Secretary
Sprouts Farmers Market, Inc.
Item 1I - Page 13
------ SPROUTS®
FARMERS MARKET
Item 1I - Page 14
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Sprouts Farmers Mark ets, Inc.
Addre ss of Entity (Principle Place of Business)
5455 E. High St., Suite 111
Phoenix, Arizona 85054
Local or California Addre ss (if different than #2)
5200 E. Ramon Road , Building B
State where Entity is Regi stered with Secretary of State California
If other than California, is the Entity also registered in California? n Yes D No Type of Entity
--@-0orporation- -1::imited-l::tabitity-C---ompany-0-Partnership- 0 -'frust -0-0ther-(please-specify}
6. Offic ers, Directors, Members, Managers, Tru stees, Other Fiduciaries (please speci fy) Note: If any r esponse is not a natural person, please identify all officers , directors, members, managers and other fiduciarie s for the member, manager, trust or other entity t:>rO/\.~ Lo-w\lo O,.._( ~ @Officer D Director D Member D Manager [name]
D General Partner D Limited Partner
Other
t'J ~ c "'-.o l °'- ~ ~ 13l.Officer D Director D Member D Manag er [name]
D General Partn er D Limited Partn er
Other
~Q_,,lL- M.\r2-cz._ [R'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
-
Item 1I - Page 15
7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv or a related entitv
EXAMPLE
JANE DOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
A.
None
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
B.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitv]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
e of Disclosing Party, Printed Name, Title Date
~re...~ ~\..:),,__..,..,.,,L--[_
f I Ciu ~"'..o..x lU. ( 0/ f;} ( a-oa---y
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1I - Page 16
1. 2.
3. 4.
5. Name of Entity
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Sprouts Farmers Markets Holdings, LLC
Address of Entity (Principle Place of Business)
5455 E. High St., Suite 111
Phoenix, Arizona 85054
Local or California Address (if different than #2)
5200 E. Ramon Road, Building B
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also reoistered in California ? n Yes n No Type of Entity
D Corporation Ix] Limited Liability Company D Partnership D Trust D Other (please specify)
6. Officers , Directors, Members, Managers , Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person , please identify all officers , directors , members, managers and other fiduciaries for the member, manager , trust or other entity Sprouts Farmers Markets Holdings, LLC D Officer D Director D Member ~ -Manager [name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limit ed Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Oth er
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
(Revised 05/16/19)
Item 1I - Page 17
7. Owners/Investors with a 5% beneficial interest in the Aoolicant Entitv 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.
5pro~S ~Cl.r((JLrS
l D() 'Z:, M D-r \c.e.;r, -:C.,f\ c ,
[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 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 reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1I - Page 18
1. 2.
3. 4.
5. Name of Entity
SF Markets, LLC
PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
5455 E. High St., Suite 111
Phoenix, Arizona 85054
local or California Address (if different than #2)
5200 E. Ramon Road, Building B
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also reaistered in California? n Yes n No Type of Entity
D Corporation Ix] Limited liability Company D Partnership D Trust D Other (please specify)
6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity 5pro\A..+!> Fci..r Me.rs MA.r~s
r\-o\J.. '""ds I LLC.. D Officer D Director O Member ~ Manager [name]
(Revised 05/16/19)
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1I - Page 19
7. Owners/Investors with a S°/4 beneficial interest in the Aoolicant Entitv or a related entity
EXAMPLE
JANEDOE 50%, ABC COMPANY, Inc.
[name of owner/investor] [percentage of beneficial Interest In entity and name of entitvl
A. Sprou..;:f-s ~r rN2-f s
{V\ C\.( IQ2.,-r_5 \-17:> l J.,; ~ > J '-- L c_ l 0067'° [name of owner/investor] [percentage of beneficial Interest in entity and name ofentitvl
B.
[name of owner/investor] [percentage of beneficial interest In entity and name of entity]
C.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entitvl
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of 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 ~ rQ.nd.o{'\ C-oA\\o~", \
'S.tl-c..re..:hu '1 ~ 3 I I \ ~ ~
c_t_c:,
PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
(Revised 05/16/19)
CITY OF PALM SPRINGS-PUBLIC INTEGRITY DISCLOSURE
APPLICANT DISCLOSURE FORM
Item 1I - Page 20
I
\.
State of California
Secretary of State
CERTIFICATE OF REGISTRATION
I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify:
That on the 3rd day of March, 2011, SF MARKETS, LLC, complied with the requirements of California law in effect on that date for the purpose of registering to transact intrastate business in the State of California; and further purports to be a limited liability company organized and existing under the laws of Delaware as SFM, LLC and that as of said date said limited liability company became and now is duly registered and authorized to transact intrastate business in the State of California, SUBJECT, HOWEVER, TO:
(a) any licensing requirements otherwise imposed by the laws of this State and; (b) that subject foreign limited liability company shall transact all intrastate business within this State under the above name elected.
NP-25 (REV 1/2007)
IN WITNESS WHEREOF, I execute
this certificate and affix the Great Seal
of the State of California this day of
March 4, 2011.
DEBRA BOWEN
Secretary of State
ag
~ OSP 06 99731
Item 1I - Page 21
LLC..S Applh;ation to RegistEtr a Foreign
Limited Liability Company (LLC)
To register an LLC from anotner state or country In California., fill out this furm, and submit for filing along with:
• A $70 filing fee,
- A certificate of good standing from the agency where your LLC was formed originally, and
ENDORSED - FILED
- A separate, non-refundable $15 service fee, if you drop off the In the office of the Secretary of State
of the State of California
completed form.
Important/ LLCs in California may have to pay a minimum $800 yearly tax to the Franchise Tax Board.
MAR O 8 2011
LL Cs that provide professional services cannot regfster in California. Thi$ Space For Office Use Only For questions about this form, go to www.sos.ca.gov/businesslbelfillng-tlps.htin CD Name to be used for this LLC In California
SF Markets, LLC
(Proposed LLC name) The proposed LLC name: must end with .2l1i of these terms: "LLC,""L.L.C.,11 "Limit~ Liability Company,• "Limited Liabirity Co.," ''Ltd. Uabif,ty Co." or "Ltd. Uability Company;" and may not inclu~e these words:
"bank," ''truat,• "trustee:' "Incorporated," "inc.," "corporation," or"corp . ." "insurer,• or "insurance company." . @ LLC History
a. If the proposed LLC name you listed above IS- different than the LLC name you use now (as 1.isted on your certificate of good standing), list the complete LLC name used now:
SFM, LLC
b. Date your LLC was formed (MM, DD, YYYY): _0_2!_08_/_20_1_1 _______________ _ c. State or country where your LLC was formed:._D_e_la.;..;.w_a_re _________________ _ d. Your LLC currently has powers and privileges to conduct business _in the state.or country listed above. @ Setvic~ Qf Process
List a California resident or a qualified 1505 corporation In California that agrees to be your agent to accept service of process in ~e your LLC is sued. You may list any adult who lives in California, You may not list an LLC as your agent. a. Agenfs name: Corporation Service Company which will do business In Galifomfa as CSC;Lawyers lncorp<;>raiihg Service If the agent you listed above, is a CaUfomla resident (not a corporation), list that person's address:
b. Agent's address: CA
street a,;J;Jress city (no abbreviations) sta.t& zip
If the agent listed above has resigned or cannot be found or served after reasonable attempts, the California Secretary of State wilJ be appointed the agent for service of process for your LLC. @ LLC Address
a. List address for your LLC's headquarters:
11811 N. Tatum Boulevard, Suite 2400, Phoenix AZ 85028
street address city (no abbreviations) state . zip
b. List address fur your LLC's main office In Callfomla, if any:
®
Sign here
Bradley A. Denton
Print YoUr name here
Make check/money ord.er payable to: Secreblry of State
., can give you up to 2 free certified copies of
Jr filed form if you submit up to 2 completed
~pies of this form (with all attachments).
Corpora1lo!ls Code§§ 17375, 17451, 17452, Revenue and Taxation Code§ 17941 LLC•5 (REV 09/2010)
PHX 329, 750, 135v1
CA
city (no sbbreviations) state zip
Chief Financial Officer
Your business title
By Mail
Secretary of Sta1e
Business Entitles,P.O. Box 944~8,
Sacramento, CA 94244-2280
Drop-Off
Secretary ofState
150011th St., 3rd Floor,
Satramento, CA 95814
2010 Galfomia Secretary of Slate
www.sos.ca.gov/businessJ
Item 1I - Page 22
tJJe[aware PAGE 1
'lJie :First State
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF DELAWARE, DO HEREBY CERTIFY "SFM, LLC" IS DULY FORMED UNDER THE
LAWS OF THE STATE OF DELAWARE AND IS IN GOOD STANDING AND HAS A
LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS OFFICE SHOW, AS OF THE THIRD DAY OF MARCH, A.D. 2011.
AND I DO HEREBY FURTHER CERTIFY THAT THE SAID "SFM, LLC" WAS FORMED ON THE EIGHTH DAY OF FEBRUARY, A.D. 2011.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE NOT BEEN ASSESSED TO DATE.
4937776 8300
110260253
You may verify this certificate online
at corp.delaware.gov/authver.shtml
Jeffrey W. Bullock, Secretary of State
C TION: 8599813
DATE: 03-03-11
Item 1I - Page 23
Lk.
~ State of California .
~~ ~ Se.cr.etary of State ·,~ .. !~~~"":;~~) •
~ i..·
STATEMENT OF INFORMATION c:-~ "01\ 1
ate
_(Limited Liability Company)
ENDORSED • FILED Filing fee $.20.00. If amendment, see Instruction$.
1.MPORJANT-READ INSTRUCTIONS BEFORE COMPLETING THIS. rOA.M In the office of the Secretary of SI of the State of California
1. LIMITED LIABILITY COMPANY NAME (Pleas11 do notatte, if ~e Is p,!'.eP.rlnted.) MAR 04 2011 SF ~arkets 1 LLC
11811 No. Tatum Boulevard .
Sulte2400
Pho~nix,. AZ 85Q28
This space For FUlng Use Only
DUEOATE!
FILE: NUMBER AND STA'fE: Ort PLACI: OF ORGANIZATION.
2. SECRETARY OF STATE FILE NUMB.ER 3. STATE OR PLACE OF OR~NIZATION ~at/o&Blo;J.5&, Delaware •
COMPLETE ADDRESSES fOR THS FOLLOWING (Do not abbrevlaf~ the name of the city, !Corns 4 and 5 cannot be P,O, Boxes.) 4, STREET ADDRESS OF PRINCIPAL EXEOUllVE-OFFICE CllY'h.ND STATE ZIP CODE 11811 N. Tatum Boulevard, Suite 2400 Phoenix, AZ. 85028 6, C.AUFORNIA-OfflCE WHER!: RECORDS ARE MAINTAINED (DOMru3l'IC ONI. Y) CllY STATE llPCOOE CA
~
NAME AND COMP.lETE ADDRJ:SS OF THE: CHIEF EXECU'l'lVE OFFICER, IF ANY ~E ADORESS CITYAND STATE ZIPOODE
Jn Boney 11811 N. Tatum Blvd.~ Suite 2400, Phoenix, AZ 8p028 NAME ANO COMPLETE ADDRESS OF ANY MANAGER OR MANAGERS, OR IF NONE HAVE BEEN APPOINTED OR ELECTE'C~, PROVIDE iHE NAME AND ADO~ESS OF l:ACH MEMBER (Attactt addltfonal pages, If necessary,)
7. N!;ME AODRI:$'$ CITY AND STATE ZIP CODE
Sprouts Farmers Markets, LLC 11811 N. Tatum Blvd., Suite 2400, Phqenjx, AZ 85028
8. ~E APDRE6S C.ITY AND'SiA'rE ZIP CODE
.
9. NAME ADDRESS CrrY AND STATE ZIP.CODI::
AGENT FO.R SERVICE OF PROCE-SS (If the ageht is an Individual, 'tha alJ.8nl must reside In Callfomla and Item 11 must be completed with El California address. lf·the agent Is a corpotatlon, the agent must have on •file wlth ·the California Seurotary o.f State. a cerlificat<i purs.uant lo Corporations Code $Sdion 1!i05 and Item 11 must be !aft blank.)
10. NAME OF AGENT FOR SERVICE OF PROCESS
Corporation Service Comp1;1ny which will do business in California.-as CSC-Lawyers Incorporating Service 11, ADDRESS OP AGENT FOR SERVICE OF P.ROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIPCObE CA
'TYPE OF BU.SINESS
12; DESCRIBE TAE TYPE OF DUSINl=SS ofi'nJE LIMITED UABIL.m' CQMPANY Retail grocery stores
(
18, lHE INFORMATION COITTAINED HEREIN IBlRIJE AND CORRECT, ~ CJJ'- 'r --·
I
Jradley A. Denton ( - J.. . f /2 ~hlaf Financial Officer 5-3:~I) TYPE OR PRINT NAME OF PERSON COMPLE11NG nte. f'ORM
~
SIGNATUl1E ,,. -1 TITLE O.ATE
I LLC.12-(REV 03/2007) II APPRO\!Eo BY SECRETARY OF STATE PHX 329,750, 129v1
Item 1I - Page 24
a
State of California I.!:..
,
1: ; Secretary of State ~ ~
' ,,,.
STATEMENT OF INFORMATION (\~ ..
(Limited Liability Company)
Filing Fee $20.00. If amendment, see instructions.
IMPORTANT - READ INSTRUCTIONS BEFORE COMPLETING THIS FORM
1. LIMITED LIABILITY COMPANY NAME (Please do not alter if name is preprinted.) This Space For Filing Use Only
DUE DATE: -JUN 0;3 ?Oli
FILE NUMBER AND STATE OR PLACE OF ORGANIZATION
2. SECRETARY OF STATE FILE NUMBER 3. STATE OR PLACE OF ORGANIZATION COMPLETE ADDRESSES FOR THE FOLLOWING (Do not abbreviate the name of the city. Items 4 and 5 cannot be P.O. Boxes.)
4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY AND STATE ZIP CODE
5. CALIFORNIA OFFICE WHERE RECORDS ARE MAINTAINED (DOMESTIC ONLY) CITY STATE ZIP CODE CA
'AME AND COMPLETE ADDRESS OF THE CHIEF EXECUTIVE OFFICER, IF ANY ti. NAME ADDRESS CITY AND ST A TE ZIP CODE
NAME AND COMPLETE ADDRESS OF ANY MANAGER OR MANAGERS, OR IF NONE HAVE BEEN APPOINTED OR ELECTED, PROVIDE THE NAME AND ADDRESS OF EACH MEMBER (Attach additional pages, if necessary.)
7. NAME ADDRESS CITY AND STATE ZIP CODE
8. NAME ADDRESS CITY AND STATE ZIP CODE
9. NAME ADDRESS CITY AND STATE ZIP CODE
AGENT FOR SERVICE OF PROCESS (If the agent is an individual, the agent must reside in California and Item 11 must be completed with a California address. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 11 must be left blank.)
10. NAME OF AGENT FOR SERVICE OF PROCESS
11. ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE CA
TYPE OF BUSINESS
12. DESCRIBE THE TYPE OF BUSINESS OF THE LIMITED LIABILITY COMPANY
13. THE INFORMATION CONTAINED HEREIN IS TRUE AND CORRECT.
TYPE OR PRINT NAME OF PERSON COMPLETING THE FORM SIGNATURE TITLE DATE LLC-12 (REV 03/2007) APPROVED BY SECRETARY OF STATE
Item 1I - Page 25
INSTRUCTIONS FOR COMPLETING FORM LLC-12
For easier completion, this form is available on the Secretary of State's website at http://www.sos.ca.gov/business/ and can be 'ewed, filled in and printed from your computer. Completed forms along with the applicable fees can be mailed to Secretary of tate, Statement of Information Unit, P.O. Box 944230, Sacramento, CA 94244-2300 or delivered in person to the Sacramento office, 1500 11th Street, Sacramento, CA 95814. If you are not completing this form online, please type or legibly print in black or blue ink.
This form should not be altered.
Every domestic and registered foreign limited liability company shall file a Statement of Information with the Secretary of State, within 90 days after filing of its original Articles of Organization or Application for Registration, and biennially thereafter during the applicable filing period. The applicable filing period for a limited liability company is the calendar month during which its original Articles of Organization or Application for Registration were filed and the immediately preceding five calendar months. A limited liability company is required to file this statement even though it may not be actively engaged in business at the time this statement is due. Changes to information contained in a previously filed statement can be made by filing a new form, completed in its entirety.
Statutory filing provisions are found in California Corporations Code section 17060, unless otherwise indicated. Failure to file this Statement of Information by the due date will result in the assessment of a $250.00 penalty. (Corporations Code sections 17651 (b) and 17653; Revenue and Taxation Code section 19141.)
FILING FEES: The fee for filing the initial or biennial Statement of Information is $20.00. Checks should be made payable to the Secretary of State. If this statement is being filed to amend any information on a previously filed statement and is being filed outside the applicable filing period, as defined above, no fee is required.
COPIES: The Secretary of State will endorse file one copy of the statement if an exact copy is submitted along with the statement to be filed.
Copies submitted with the statement to be filed can be certified upon request and payment of the $8.00 per copy certification fee.
Complete the Statement of Information (Form LLC-12) as follows:
Item 1. Please do not alter the preprinted name. If the name is not correct, please attach a statement indicating the correct name and the date the name change amendment was filed with the Secretary of State. If blank, enter the name of the limited liability company exactly as it is of record with the California Secretary of State.
Item 2. Please do not alter the preprinted file number. If blank, enter the file number issued by the California Secretary of State. 9m 3. Please do not alter the preprinted jurisdiction. If blank, and the limited liability company is a registered foreign limited liability company ( organized outside the state of California), enter the state or place under the laws of which the limited liability company is organized.
Item 4. Enter the complete street address, city and zip code of the limited liability company's principal executive office. Please do not enter a P.O. Box or abbreviate the name of the city. This address will be used for mailing purposes.
Item 5. If the limited liability company is formed under the laws of the state of California, enter the complete street address, city and zip code of the office required to be maintained pursuant to Corporations Code section 17057(a). Please do not enter a P.O. Box or abbreviate the name of the city.
Item 6. Enter the name and complete business or residential address of the chief executive officer, if any. Please do not abbreviate the name of the city.
Items Enter the name and complete business or residential address of any manager or managers, appointed or elected in accordance 7-9. with the Articles of Organization or Operating Agreement, or if no manager has been so elected or appointed, the name and business or residential address of each member. Attach additional pages, if necessary. Please do not abbreviate the name of the city.
Item 10. Enter the name of the agent for service of process in California. An agent is an individual (manager, member or any other person, whether or not affiliated with the company) who resides in California or a corporation designated to accept service of process if the company is sued. The agent must agree to accept service of process on behalf of the company prior to designation.
If a corporation is designated as agent, that corporation must have previously filed with the Secretary of State, a certificate pursuant to Corporations Code section 1505. Note, a limited liability company cannot act as its own agent and no domestic or foreign corporation may file pursuant to section 1505 unless the corporation is currently authorized to engage in business in California and is in good standing on the records of the Secretary of State.
If an individual is designated as agent, complete Items 10 and 11. If a corporation is designated as agent, complete Item 10 and proceed to Item 12 ( do not complete Item 11 ).
Item 11. If an individual is designated as agent for service of process, enter a business or residential address in California. Please do not enter "in care of' (c/o) or abbreviate the name of the city. Please do not enter an address if a corporation is designated as agent. am 12. Briefly describe the general type of business that constitutes the principal business activity of the limited liability company.
Item 13. Type or print the name and title of the person completing this form and enter the date this form was completed.
Item 1I - Page 26
Instructions for Form FTB 3522
LLC Tax Voucher
What's New
Beginning November 2010, limited liability cor.1panies (LLCs) can make payments electronically at the Franchise Tax Board's (FTB's) website using Web Pay. After a one-time online registration, LLCs can make an immediate payment or schedule payments up to a year in advance. For more information go to fib.ca.gov and search for web pay.
General Information
Use form FTB 3522, LLC Tax Voucher, to pay the annual LLC tax of $800 for taxable year 2011. An LLC should use this voucher if any of the following apply:
• The LLC has articles of organization accepted by the California Secretary of State (SOS).
• The LLC has a certificate of registration issued by the SOS. • The LLC is doing business in California.
You can download, view, and print California tax forms and publications at fib.ca.gov.
Access other state agencies' websites at ca.gov.
Who Must Pay the Annual LLC Tax
Every LLC that is doing business in California or that has articles of organization accepted or a certificate of registration issued by the SOS is subject to the $800 annual tax. The tax must be paid for each taxable year until a certificate of cancellation of registration or of articles of organization Is filed with the SOS.
Get FTB Pub. 1038, Guide to Dissolve, Surrender, or Cancel a California Business Entity, for more information.
For taxable years beginning on or after January 1, 2003, an LLC as described in Internal Revenue Code Sections 501 (c)(2) and 501 (c)(25) and California Revenue and Taxation Code Sections 23701 hand 23701x is exempt from the annual LLC tax.
When to Pay the Annual LLC Tax
The annual LLC tax is due and payable by the 15th day of the 4th month after the beginning of the LL C's taxable year (fiscal year) or April 15, 2011 (calendar year).
Due to the federal Emancipation Day holiday on April 15, 2011, tax returns filed and payments received on April 18, 2011, will be considered timely.
The first taxable year of an LLC begins when the LLC files its articles of organization with the SOS. The first taxable year of a foreign LLC begins when the LLC is organized in another state.
If the 15th day of the 4th month of an existing foreign LLC's taxable year has passed before the foreign LLC commences business in California or registers with the SOS, the annual LLC tax should be paid immediately after commencing business or registering with the SOS.
Example: LLC1, a newly-formed calendar year taxpayer, organizes as an LLC in Delaware on June 1, 2011. LLC1 registers with the SOS on August 12, 2011, and begins doing business in California on August 15, 2011. Because LLC1's initial taxable year begins on June 1, 2011, the annual LLC tax is due by September 15, 2011 (the 15th day of the 4th month of the short-period taxable year). LLC1 's short-period (June 1, 2011-December 31, 2011) tax return is due by April 16, 2012. The annual tax payment for taxable year 2012, with form FTB 3522 also is due by April 16, 2012.
How to Complete Form FTB 3522
Enter all the information requested using black or blue ink. To ensure the timely and proper application of the payment to the LLC's account, enter the SOS file number (assigned upon registration with the SOS), and the federal employer identification number (FEIN).
Series LLC-After the name for each series, write "Series LLC #_."In addition, write "Series LLC" in red in the top right margin of the voucher. Only the first series to pay tax or file a return may use an SOS file number. For all other series, enter zeroes in the SOS file number field. We will notify each series of its assigned number after we receive its initial payment voucher. The series LLC should use this assigned number for subsequent years. See FTB Pub. 3556, Limited Liability Company Filing Information, for more information.
Private Mail Box (PMB)
Include the PMB in the address field. Write "PMB" first, then the box number.
Example: 111 Main Street PMB 123.
Where to File
Using black or blue ink, make a check or money order payable to the "Franchise Tax Board." Write the SOS file number, FEIN, and "2011 FTB 3522" on the check or money order. Detach the payment voucher from the bottom of the page.
Enclose, but do not staple, your payment to the voucher and mail to:
FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0631
Make all checks or money orders payable in U.S. dollars and drawn against a U.S. financial Institution. If no payment is due or paid electronically, do not mail this voucher.
Penalties and Interest
If the LLC fails to pay its annual tax by the 15th day of the 4th month after the beginning of the taxable year, a late payment penalty plus interest will be assessed tor failure to pay the annual LLC tax by the due date. The FTB may waive the late penalty, based on reasonable cause, where the greater of the annual tax or 90% of the tax shown on the return is paid by the original due date of the return.
The penalty and interest will be computed from the due date of the tax to the date of payment.
Late Payment of Prior Year Annual LLC Tax
If a prior year LLC tax of $800 was not paid by the 15th day of the 4th month after the beginning of the taxable year, the tax should be paid as soon as possible, using the appropriate taxable year form FTB 3522. Do not use any other form for payment of the tax. This will assure proper application of the payment to the LLC's account.
:}(- DETACH HERE ______ IF NO PAYMENT IS DUE OR PAID ELECTRONICALLY, DO NOT MAIL THIS VOUCHER ______ DETACH HERE-)>{; Fiscal year: File and Pay by the 15th day of the 4th month after the beginning of the taxable year.
Calendar year: File and Pay by APRIL 15, 2011. ·
TAXABLE YEAR CALIFORNIA FORM
2011 LLC Tax Voucher
For calendar year 2011 or fiscal year beginning month
Limited liability company name
OBA
Address (suite, room, PO Box, or PMB no.).
City
Contact Telephone no.
)
day year
6111113
3522
, and ending month day year
Secretary of State (SOS) file number
FEIN
State ZIP Code
Amount of payment
___ .Jill.,
FTB 3522 2010
ACTIVE 48030316v1
[REDACTED COPY]
WRITTEN CONSENT
OF THE
MANAGER
OF
SFM, LLC
(a Delaware limited liability company)
April 1, 2024
The undersigned, the sole Manager (as defined in the Agreement (as defined below)) of SFM, LLC, a Delaware limited liability company (the “Company”), DOES HEREBY CONSENT to the adoption of, and DOES HEREBY ADOPT, the following resolutions by written consent in lieu of a meeting in accordance with Section 18- 404(d) of the Delaware Limited Liability Company Act, 6 Del. C. §§ 18-101 et seq. (the “Act”), and the Amended and Restated Limited Liability Company Agreement of the Company made and entered into as of April 18, 2011 (as the same may be amended or amended and restated from time to time, the “Agreement”):
1. A
ppointment of Officers
WHEREAS, all capitalized terms used herein but not otherwise defined shall have the meanings set forth in the Agreement;
WHEREAS, Section 9 of the Agreement provides that the Manager may appoint Officers from time to time, with such titles as the Manager may select, and that such Officers shall have such power and authority as the Manager may delegate to such Officers; WHEREAS, the Company desires to remove any and all existing Officers and appoint new Officers having such titles and power and authority as set forth below.
NOW, THEREFORE, BE IT RESOLVED, that any and all existing Officers be, and each hereby is, removed effective immediately;
RESOLVED, FURTHER, that, effective immediately following the aforesaid removals, the following natural persons be, and each of them hereby is, appointed to serve as Officers, with the titles set forth opposite their respective names below, each to hold such office until his or her respective successor is duly appointed and qualified or until his or her earlier death, resignation (upon written notice to the Company) or removal (by the Managers):
Name: Title:
Nick Konat President and Chief Operating Officer
Brandon Lombardi Chief Legal Officer & Corporate Secretary Derek Mirza Vice President, Legal & Assistant Secretary;
RESOLVED, FURTHER, unless the Manager otherwise determines by further resolution or resolutions adopted after the date hereof, if the title assigned to an Officer above is one commonly used for an officer of a business corporation formed under the General Corporation Law of the State of Delaware, the assignment of such title above shall constitute the delegation to such natural person of the rights, powers and duties that are customarily associated with that office; and
RESOLVED, FURTHER, that any appointment and/or delegation of rights, powers and duties pursuant to the foregoing resolutions may be revoked at any time by the Manager.
Item 1I - Page 27
ACTIVE 48030316v1 2
[REDACTED]
3. G eneral
RESOLVED, FURTHER, that, each officer of the Company, or any one or more of them, be and they hereby are, authorized and empowered, for and on behalf of the Company, to: (i) execute and deliver any and all applications, agreements, documents, instruments and certificates; (ii) incur such costs and expenses; and (iii) do any and all acts and things that they deem, in the exercise of their discretion, necessary, desirable or appropriate in connection with these resolutions, with the execution and delivery of such applications, agreements, documents, instruments and certificates to constitute conclusive proof of the appropriateness of such applications, agreements, documents, instruments and certificates; and
RESOLVED, FURTHER, that any actions taken by the Officers of the Company listed above prior to the date of the foregoing resolutions adopted hereby that are within the authority conferred thereby are hereby ratified, confirmed, approved and adopted as actions of the Company.
RESOLVED, FURTHER that the Manager hereby ratifies, approves, and confirms in all respects any and all actions taken on behalf of the Company by any manager, member, employee, agent, or attorney of, or acting on behalf of, each Company heretofore and in connection with the foregoing resolutions.
RESOLVED, FURTHER, that a signed copy of this Written Consent shall be filed with the minutes of proceedings of the Manager.
[SIGNATURE PAGE FOLLOWS]
Item 1I - Page 28
ACTIVE 48030316v1
IN WITNESS WHEREOF, the undersigned has executed this Written Consent as of the date first above written.
MANAGER:
SPROUTS FARMERS MARKETS HOLDINGS, LLC, a
Delaware limited liability company
By:
Name: Brandon Lombardi
Title: Secretary
Item 1I - Page 29
ATTACHMENT D
Item 1I - Page 30
Item 1I - Page 31
Department of Alcoholic Beverage Control
INFORMATION AND INSTRUCTIONS -
SECTION 23958.4 B&P
State of California
Gavin Newsom, Governor
Instructions This form is to be used for all applications for original issuance or premises to premise s transfer of licenses. • Part 1 is to be comp leted by an ABC employee, given to app licant with pre-app lication package, with copy retained in • h olding file or applicant's district file.
Part 2 is to be comp leted by the applicant, and returned to ABC.
Part 3 is to be com pleted by the local govern ing body or its designated subord inate officer or body, and returned to ABC.
PART 1 -TO BE COMPLETED BY ABC
1. APPLICANTS NAME
SF MARKETS LLC
2. PREMISES ADDRESS (Street number and name, city, zip code) 5200 E RAMON RD., BLDG B, PALM SPRINGS, CA 92264-3612
4. TYPE OF BUSINESS
Full Service Restaurant
Deli or Specialty Restaurant
Cafe/Coffee Shop
Bed & Breakfast:
Wine only All
Hofbrau/Cafeteria
Comedy Club
Brew Pub
Theater
Cocktail Lounge
Night Club
Tavern : Beer
Tavern: Beer & Wine
Service Station
3. LICENSE TYPE
20 Private Club
Veterans Club
Fraternal Club
Wine Tasting Room
X Superma rket
Liquor Store
DrugNariety Store
Other - describe:
Membership Store
Department Store
FlorisVGift Shop
Conven ience Market
Convenience Market w/Gasolin e
Swap MeeVFlea Market
Drive-in Dairy
5. COUNTY POPULATION
8. CENSUS TRACT NUMBER
6. TOTAL NUMBER OF LICENSES IN COUNTY
On-Sale
9. NO. OF LICENSES ALLOWED IN CENSUS TRACT
Off-Sale
7. RATIO OF LICENSES TO POPULATION IN COUNTY
On-Sale
10. NO. OF LICENSES EXISTING IN CENSUS TRACT
Off-Sale
447.02 1 On-Sale X Off-Sale 3 On-Sale X O ff-Sale
11. I S THE ABOVE CENSUS TRACT OVERCONCENTRATED WITH LICENSES? (i.e., does the ratio of licenses to population in the census tract exceed the ratio of licenses to population for the entire county? ) X Yes, the number of existing licenses exceeds the number allowed No, the number of existing licenses is lower than the number allowed
12. DOES LAW ENFORCEMENT AGENCY MAINTAIN CRIME STATISTICS? Yes (Go to Item #13) No (Go to Item #20)
- --------------------------13. CRIME REPORTING DISTRICT NUMBER 14. TOTAL NUMBER OF REPORTING DISTRICTS 15. TOTAL NUMBER OF OFFENSES IN ALL REPORTING DISTRICTS
16. AVERAGE NO. OF OFFENSES PER DISTRICT 17. 120% OF AVERAGE NUMBER OF OFFENSES 18. TOTAL NUMBER OF OFFENSES IN REPORTING DISTRICT
19. IS THE PREMISES LOCATED IN A HIGH CRIME REPORTING DISTRICT? (i.e., has a 20% greater number of reported crimes than the average number of reported crimes as determined from all crime ~porting districts within the jurisdiction of the local law enforcement agency) Yes, the total number of offenses in the reporting district equals or exceeds the total number in item #17 No, the total number of offenses in the reporting district is lower than the total number in item #17
20. CHECK THE BOX THAT APPLIES (check only one box)
a. If "No" is checked in both item #1 1 and item #19, Section 23958.4 B&P does not apply to this application , and no additional information will be needed on this issue. Advise the applicant to bring this completed form to ABC when filing the application. b. If "Yes" is checked in either item #11 Q[ item #19, and the applicant is applying for a non-retail license , a retail bona fide public eating place license , a retail license issued for a hotel, motel or other lodging establishment as defined in Section 25503.16(b) B&P, or a retail license issued in conjuction with a beer manufacture r's license, or winegrower's license , advise the applicant to complete Section 2 and bring the completed form to ABC when filing the application or as soon as possible thereafter.
X c. If" Yes" is checked in either item #1 1 Q[ item #19, and the applicant is applying for an off-sale beer and wine license , an off-sale general license, an on sale beer license, an on-sale beer and wine (public premises) license , an on-sale general (public premises) license, or an on-sale general music venue license, advise the applicant to take this form to the local governing body, or its designated subordinate officer or body to have them complete Section 3.
The completed form will need to be provided to ABC in order to process the application.
Governing Body/Designated Subordinate Name:
FOR DEPARTMENT USE ONLY
PREPARED BY (Name of Department Employee)
MARICELA MATA
ABC-245 (rev. 03-23)
Item 1I - Page 32
PART 2 - TO BE COMPLETED BY THE APPLICANT (If box #20b _is_c_h_e_c_ke_d~) _____ _
21. Based on the information on the reverse, the Departm ent may approve your application if you can show that public convenience or necessity would be served by the issuance of the license. Please describe below the reasons why issuance of another license is justifie d in this area. You may attach a separate sheet or additional docume ntion, if desired. Do not proceed to Part 3.
22. APPLICANT SIGNATURE 23. DATE SIGNED
PART 3 - TO BE COMPLETED BY LOCAL OFFICIALS (If box #20c is checked) The applicant named on the reverse is applying for a license to sell alcoholic beverages at a premises where undue concentration exists (i.e., an over-concentration of licenses and/or a tiigli er than average crime rate as defined in Section 23958.4 of the Business and Professions Code). Sections 23958 and 23958.4 of the Business and Professions Code requires the Department to deny the application unless the local governing body of the area in which the applicant premises are located, or its designated subordinate officer or body , determines within 90 days of notification of a completed application that public convenience or necessity would be served by the issuance.
Please complete items #24 to #30 below and certify or affix an official seal, or attach a copy of the Counci l or Board resolution or a signed letter on official letterhead stating whether or not the issuance of the applied for license would serve as a public conve nience or necessity. ------------- - --- --24. WILL PUBLIC CONVENIENCE OR NECESSITY BE SERVED BY ISSUANCE OF THIS ALCOHOLIC BEVERAGE LICENSE? Yes No See Attached (i.e., letter, resolution, etc.)
25. ADDITIONAL-COMMENTS, IF DESIRED (may include reasons for approva l or denial of public convenience or necessity):
2& CITY/COUNTY OFFIC IAL NAME 27. CITY/COUNTY OFFICIAL TITLE 28. CITY/COUNTY OFFICIAL PHONE NUMBER
29. CITY/COUNTY OFFICIAL SIGNATURE 30. D ATE SIGNED
ABC-245 REVERSE (rev. 03-23)
ATTACHMENT E
Item 1I - Page 33
Census Tract No. 447.02
Project Site
Item 1I - Page 34
---·- I -- •
ATTACHMENT F
Item 1I - Page 35
1 | Page
Sprouts Farmers Market
Site Address: 5200 E Ramon Road, Building B
Applicant: Sprouts Farmers Market
THE REQUEST
Sprouts Farmers Market (“the Applicant”) is seeking the following discretionary approval:
• Pursuant To Section 6.84.030, The Applicant requests a Finding of Public Convenience and Necessity for over concentration in conjunction with an approximate 28,245 square foot, full service grocery store. There are currently eight (8) active licenses in census tract 9412.00, where one (1) license is allowed. The addition of Sprouts Farmers Market will bring the total of active licenses to nine (9).
Project Location
The proposed grocery store will be located in an existing commercial center, known as The Springs at the northeast corner of Gene Autry Trail and Ramon Road. This center has multiple retail and restaurant tenants, including The Home Depot, Panera Bread, T-Mobile, Wells Fargo, Massage Envy, Panda Express, Fedex, Firehouse Subs, Rubio’s, Jack In the Box, Party City, Aldi, Ross Dress for Less, and Marshalls. The Sprouts Farmers Market will occupy a 28,245 square foot space that was a Bed Bath & Beyond, between Marshalls and Ross Dress for Less, see attached site plan.
Proposed Grocery store
Sprouts Farmers Market is a grocery store that specializes in farm-fresh produce purchased from local growers. It will offer a full line of grocery products, including a Sprouts Private label of bakery goods, a full service meat counter and deli. The stores feature natural, organic and favorite indulgence foods at a great value. As a full service grocery store, Sprouts Farmers Market proudly offers a variety of goods and services, as outlined below:
• PRODUCE. Like any farmers market, Sprouts’ great strength is produce. The selection of quality fruits and vegetables includes seasonal and organic items at reasonable prices. Whenever possible, Sprouts buys directly from local farms to ensure that customers get the freshest items Mother Nature has to offer — at prices that are often 20% below conventional stores and way below the natural food megastores.
• GROCERY & PRIVATE LABEL. Sprouts offers a wide variety of great-tasting natural, organic and mainstream items at highly competitive prices, so customers can do most of their weekly shopping under one roof. They source select products from around the world for the highly regarded Sprouts private label line.
Item 1I - Page 36
2 | Page
• MEAT & SEAFOOD. Customers always rave about the Sprouts meat department, in large part because of the fabulous value and superior flavor of the all-natural Sprouts OldTyme Beef and Pork. Unlike most grocers, they hand-pack the farm-fresh chicken, and grind their own meats and sausages right in the store. Sparkling seafood is delivered to the stores up to six days a week. There are also organic choices, and even many delicious ready-to-cook items.
• VITAMINS & SUPPLEMENTS. The healthy life costs less at Sprouts. They feature national brands of vitamins and nutritional supplements at 10% or more off the usual retail prices, along with a vast array of Sprouts private label items — plus a friendly and knowledgeable staff, and many ongoing educational classes and seminars.
• BULK. In times like these, buying in bulk just makes sense. That’s why the Sprouts bulk department is growing in popularity and size — now with more than 200 bins filled with fresh trail mixes, rolled oats, sugars, flours, grains, dried fruits, sweet treats and more.
• BAKERY. In the Sprouts Bakery, customers can find fresh rolls and sandwich loaves, delectable cookies, irresistible pastries…and the wafting aromas of warm breads right from the oven. They also carry many sugar-free, gluten-free and low-carb products, all at family-friendly prices.
• WINE & BEER. Some farmers markets feature not just fruit, but the fruit of the vine. Sprouts offers wines from California, Australia, Chile and Europe, as well as the great specialty beers of the world, narrowing down their eternal search for the best values in bottles and brews.
• DELI. There is a broad array of tasty deli meats and freshly made or made-to-order sandwiches, fresh pre-packed salads, and delectable platters of prepared meals—at prices that are right for the family.
• DAIRY. No farmers market would be complete without an outstanding selection of fresh dairy products. Sprouts features everything from organic milk to fresh juices, and cage-free eggs to kefir.
Today, Sprouts is one of the fastest growing retailers in the country. Sprouts employs more than 36,000 team members and operates over 400 stores in 23 states from coast to coast, with stores in California, Arizona, Colorado, Utah, Texas, Oklahoma, New Mexico, Alabama, Georgia, Kansas, Missouri, Tennessee, North Carolina, Florida, Washington, Nevada, South Carolina, Virginia, Maryland, Delaware, Louisiana, New Jersey, and Pennsylvania. In California alone, there are 137 stores, with more stores being added in 2024 and 2025.
For the convenience of the patrons, the store will be open from 7:00 am to 10:00 pm, seven days a week.
Item 1I - Page 37
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Alcohol Sales
The sale of beer and wine is imperative to stay competitive within the marketplace. The sales area for beer and wine is approximately 400 square feet, less than 2.0% of the total store square footage. On average, the sale of beer and wine is less than 5% of Sprouts’ total sales volume. In other Sprouts Markets in California, beer is approximately 0.05% of total sales and wine is approximately 2.0% of overall sales, making the sale of beer and wine a small, although very important, percentage of total sales.
Products for sale include single beers ranging from 16 - 25.4 ounces, such as growlers and 4 pack multiples of beers, which are typically a local craft brew or an imported brand. Additionally, Sprouts sells Kombucha, a fermented tea, which is technically consider “alcoholic” and is therefore required to be labeled as beer. Kombucha is sold in single 10-ounce bottles.
For wines, typically the smallest products are bottles of Sake and Prosecco; these are sold in bottles of 180 milliliters or 8.5 ounces.
Sprouts takes the privilege of selling alcohol very seriously. All staff must complete the State Alcoholic Beverage Control’s mandated training, as well as an internal training on the sale of alcohol as part of their new employee orientation. The internal training model/course used for all new personal is the BARS Program. More information on this training program can be found on the BARS Program website at http://www.barsprogram.com. Also included in this packet is the alcohol policy/training guideline for the store. Additionally, all staff selling alcohol will be over 21 years of age.
There will be a camera surveillance system with recordation capabilities installed, with cameras located throughout the sales area and on the exterior elevation. Furthermore, the premises, both the interior of the store and the parking lot, will be patrolled by management and staff to ensure a safe environment. Finally, Sprouts will comply with City mandated conditions to mitigate any impacts from the sale of alcohol.
Public Benefits
With the current market conditions, cities are seeing national retail chains go out of business and with the collapse of these retail giants, there is a surplus of retail real estate available. It is imperative that municipalities encourage successful businesses to ensure continued economic development. The development of successful commercial centers, serving surrounding residential neighborhoods, will add to the value of the adjacent properties. Allowing new development to replace older development will keep neighborhoods safer and will benefit the public health, safety and general welfare of residents and workers.
Sale of beer and wine in the grocery store is consistent with the pattern of markets and restaurants in this neighborhood. The proposed project is part of a development plan that increases the utility of land, provides nearby residents and employees the option of shopping without having to drive Item 1I - Page 38
4 | Page
elsewhere, and adds appropriately to the mix of uses in the immediate vicinity. Therefore, the proposed location is admirably suited for the grocery store, in that it promotes livability and convenience for residents and employees and furthers community and economic development.
While this is a full-service grocery store, Sprouts has a very different business model. Sprouts Farmers Market is a grocery store that specializes in farm-fresh produce purchased from local growers. It will offer a full line of grocery products, including a Sprouts Private label of bakery goods, a full-service meat counter and a deli. The stores feature natural, organic and favorite indulgence foods at a great value. Sprouts Farmers Market gives neighboring residents and workers a supermarket alternative for their shopping needs. A variety of goods and services is vital for the growth of any neighborhood and with an increase in retail choices, neighborhoods become more desirable to new residents. Sprouts Farmers Market offers an extensive (but not prescriptive) mix of natural, organic and great-tasting mainstream foods with a strong emphasis on value. Sprouts Market has carved out that magical middle ground between conventional supermarkets, healthy food superstores, and Trader Joe’s-like discounters, making this a unique retailer in this neighborhood.
Sprouts Farmers Market is a growing retailer, with 137 stores in California. This retailer is strong and will continue to grow. The economic welfare of a community depends on healthy and viable commerce and strong businesses and the grocery store, as proposed, will provide the community with an economically viable and respected commercial establishment as part of its neighborhood-serving retail. The proposed project will put the currently vacant space to good use by establishing a full- service grocery store that will serve the community. This, in turn, will contribute to the economic vitality of the site and to the City's tax base. The grocery store will also employee approximately 100 people, which will provide employment for local residents and help the jobs-housing balance desired by the city and promoted in the General Plan.
Item 1I - Page 39
Adobe Captivate Sunday, March 31, 2024
Slide 1 - Introduction
Slide notes
Welcome to the Sprouts Academy module on Alcohol Sales.
Item 1I - Page 40
ACADEMY
====== HEALTHY. HAPPY. HELPFUL.======
Adobe Captivate Sunday, March 31, 2024
Slide 2 - Sprouts Commitment
Slide notes
Sprouts is committed to responsible sales of alcoholic beverages. Sprouts expects any team member who sells alcohol to strictly comply with state law. In accordance with this commitment, you are required to follow the procedures as outlined in this training module.
Item 1I - Page 41
SPR ~ UTS™
FARMERS MARKET
Sprouts is committed to responsible sales of alcoholic
beverages. Sprouts expects any team member who sells
alcohol to strictly comply with state law. In accordance with this commitment, you are required to follow the procedures as outlined in this training module.
Adobe Captivate Sunday, March 31, 2024
Slide 3 - Guidelines for Success
Slide notes
Set yourself up for success! Set aside enough time to complete the module. Focus on the material and avoid interruptions. Take notes on important points. Ask yourself, “How does this apply to me?” Make an effort to use the information soon!
Item 1I - Page 42
Set yourself up for success!
~ c> Set aside enough time to complete the module.
((F)) r ¢ Focus on the material and avoid interruptions. <(l c> Take notes on important points.
~ c> Ask yourself, "How does this apply to me?"
& c> Make an effort to use the information soon!
Next
Adobe Captivate Sunday, March 31, 2024
Slide 4 - Objectives
Slide notes
Item 1I - Page 43
By the end of this module, you will be able :P · :
Identify key components of Sprouts alcohol sales policy. <__--:> I II q escribe The BARS Program.
' · , · rLosdL.501s LOS<AiBOIS
ltf\01 bRH,H
,I , l J f. t '1 (
Next
Adobe Captivate Sunday, March 31, 2024
Slide 5 - In the News
Slide notes
Selling alcohol to minors can carry heavy penalties for those involved. You are cautioned to be extremely careful in your sale of alcoholic beverages.
Item 1I - Page 44
East Hampton
Store Clerk is
Charged with
Selling to Minors in
State Wide Police
Sting
She was charged with
unlaw fully dealing with
a child a nd selling an
alcoholic beverage to
a minor, both are
misdameanors,
according to
authori ties.
Adobe Captivate Sunday, March 31, 2024
Slide 6 - Your Responsibility
Slide notes
It is your responsibility to make sure alcohol is not being sold to minors. It is one of the few legal products you can sell that could put you in jail if proper procedures are not followed. Failure to abide by this policy may also result in termination of employment.
Item 1I - Page 45
- -~--- -~
It is your responsibility to
make sure alcohol is not
being sold to minors. It is
one of the few legal
products you can sell that
could put you in jail if
proper procedures are not
followed. Failure to abide
by this policy may also
result in termination of
employment.
Adobe Captivate Sunday, March 31, 2024
Slide 7 - State Required Training
Slide notes
All team members who can ring up a sale, meaning anyone assigned a cashier code, are required to successfully complete any state required Alcoholic Beverage Commission Certified Seller/Server Training Course when beginning employment. Since requirements vary by state, ask your manager or store manager for details about this training.
Item 1I - Page 46
All team members who can ring
up a sale, meaning anyone
assigned a cashier code, are
required to successfully complete
any state required Alcoholic
Beverage Commission Certified
Seller/Server Training Course
when beginning employment.
Since requirements vary by state,
ask your manager or store
manager for details about this
training.
Next
Adobe Captivate Sunday, March 31, 2024
Slide 8 - Always Ask!
Slide notes
When a customer is purchasing alcohol, always ask, “Are you at least 21 years old?” before asking for identification. It’s important to know that if this is a “sting” operation, in other words an audit to make sure we’re complying with the law, the underage customer cannot lie about his or her age.
If the customer responds with a “yes” then you can proceed to request an ID and input the information into the register. Do not ask the customer to state his or her birthdate.
If the customer responds with “no,” refuse the sale and call a manager or head cashier over to your register.
Item 1I - Page 47
ALWAYS ASK:
Before asking for an ID
(identification} ask the customer,
"Are you at least 21 years old?"
In case of a "sting" operation, an
underage customer cannot lie about
his or her age.
I
You can proceed to request an ID
and input the information into the
reg ister. Do not ask the customer
to state his or her birthdate.
'
Refuse the sale and ca ll a
manager or head cashier over to
your register .
Adobe Captivate Sunday, March 31, 2024
Slide 9 - Acceptable Forms of ID
Slide notes
Here are the acceptable forms of ID. These IDs must be current. State driver’s license with a photo, State ID with a photo, Military ID or Passport.
Make sure that the ID is current and authentic. If the customer does not have a valid form of ID, call the head cashier or store management over to your register.
Item 1I - Page 48
Acceptable forms of ID are
current:
❖ State driver's license with
a photo
❖ State ID with a photo
~
❖ Military ID
❖ Passport
If the customer does not have a valid form of ID, call the head cashier or store management over to your register.
Adobe Captivate Sunday, March 31, 2024
Slide 10 - Determine ID Authenticity
Slide notes
Verify the date of birth and compare the picture on the ID against customer’s features. If there is suspicion that the ID is not authentic or has been tampered with, notify store management.
Item 1I - Page 49
❖ Verify the date of birth
❖ Compare the picture on
the ID against the
customer's features
If there is suspicion that the ID is not authentic or has been tampered with , notify store management .
Adobe Captivate Sunday, March 31, 2024
Slide 11 - Accurately Enter Birthdate
Slide notes
The next step is to accurately enter the customer’s birthdate. If the system declines the customer’s birthdate, refuse the sale.
Item 1I - Page 50
The next step is to accurately enter the customer's birthdate.
If the system declines the customer's birthdate, refuse the sale.
Adobe Captivate Sunday, March 31, 2024
Slide 12 - Do Not Sell to Intoxicated Customers
Slide notes
Do not sell alcoholic beverages to anyone who appears to be intoxicated. If a customer shows signs of intoxication, you or the head cashier should notify store management.
Item 1I - Page 51
Do not sell alcoholic
beverages to anyone who
appears to be intoxicated.
If a customer shows signs
of intoxication , you or the
head cashier should notify
store management.
Adobe Captivate Sunday, March 31, 2024
Slide 13 - Returns and Exchanges
Slide notes
All alcohol returns or exchanges must be authorized by a member of management such as a head cashier or one of the Core 4 managers. If it’s an exchange, the customer must be at least 21 years of age and you must verify his or her age as you do with any customer.
Item 1I - Page 52
All alcohol returns or
exchanges must be authorized
by a member of management
such as a head cashier or one
of the Core 4 managers.
If it's an exchange, the
customer must be at least 21
years of age and you must
verify his or her age as you do
with any customer.
Adobe Captivate Sunday, March 31, 2024
Slide 14 - The BARS Program
Slide notes
Sprouts is committed to ensuring that our cashiers are properly trained on how to handle alcohol sales. Therefore, we’ve partnered with a training provider and program called “The BARS Program.” The BARS program will verify our knowledge of Sprouts’ alcohol policies. It focuses on whether, upon an alcohol purchase, we ask our customers for ID and enter their date of birth in our registers if they appear under 40 years of age.
Item 1I - Page 53
THE
BARS
P ROGRAM
Sprouts is committed to
ensuring that our cashiers are
properly trained on how to
handle alcohol sales.
Therefore, we've partnered
with a training provider and
program called "The BARS
Program."
The BARS program will verify
our knowledge of Sprouts'
alcohol policies. It focuses on
whether, upon an alcohol
purchase, we ask our
customers for ID and enter
their date of birth in our
registers if they appear under
40 years of age.
Adobe Captivate Sunday, March 31, 2024
Slide 15 - How the BARS Program Works
Slide notes
If ID is requested and date of birth is entered, the manager on duty will be given a Green Card. If not, the manager will be given a Red Card. The alcohol product will be left on the counter and not purchased. A Red Card will result in a coaching session of the cashier (or cashiers if the manager deems appropriate) to reinforce training of our policies. Although the Red Card states you must ask for ID if customer looks under 30 years old, Sprouts policy is to ask for ID if the customer looks under 40 years old.
Item 1I - Page 54
If ID is requested and date of birth is entered, the manager on duty will be given a Green Card. If not, the manager will be given a Red Card. The alcohol product will be left on the counter and not purchased. A Red Card will result in a coaching session of the cashier (or cashiers if the manager deems appropriate) to reinforce training of our policies.
The BARS Program
Congratulations!
You have been tested by a
BARS trainer and you have
successfully requested ID.
Continue the Good Work!
The BARS Program
We represent The BARS Program, the program that
monitors carding practices. No ID was asked for before
alcohol was sold. Remember, part of your job is to ask
for ID and enter DOB into POS for customers that appear under 30 that purchase alcohol. Had we been under age
and working with local law enforcement, you could be
facing criminal charges, be fined, and the store you are working for cou Id lose their liquor sales license.
YOU MUST ID.
Although the Red Card states you must ask for ID if a customer looks under 30 years old, Sprouts policy is to ask if a customer looks under 40 years old.
Adobe Captivate Sunday, March 31, 2024
Slide 16 - Get Those Green Cards!
Slide notes
Please remember that the BARS Program is a service to reinforce your store’s commitment to Sprouts’ carding policy and protect our team members from potential fines and legal actions.
We appreciate your efforts to achieve always green cards and ensure that we are not selling to minors. If you have any questions please do not hesitate to contact [email protected]
Item 1I - Page 55
PR O GR AM
The BARS Program
Congratulations!
You have been tested by a
BARS trainer and you have
successfully requested ID.
Continue the Good Work!
Please remember that the BARS
Program is a service to reinforce
your store's commitment to
Sprouts' carding policy and
protect our team members from
potential fines and legal actions.
We appreciate your efforts to
achieve always green cards
and ensure that we are not
selling to minors.
If you have any questions
please do not hesitate to
contact Licensing @Sprouts.com
Adobe Captivate Sunday, March 31, 2024
Slide 17 - Knowledge Check Introduction
Slide notes
Remember, always ask for an ID if a person looks under 40 years old. It’s the easiest way to protect yourself and Sprouts! Let’s take a look at what you learned in this module.
Item 1I - Page 56
SPROUTS ACADEMY
Adobe Captivate Sunday, March 31, 2024
Slide 18 - Knowledge Check
Slide notes
Item 1I - Page 57
Y(?U cannot be held personally responsible for selling alcohol to a minor.
0 True
• False
Correct - Click anywhere or press 'y' to continue.
Adobe Captivate Sunday, March 31, 2024
Slide 19 - Knowledge Check
Slide notes
Item 1I - Page 58
Which of the following are correct forms of ID when validating a customer's age to purchase alcohol? (Select all that apply.) ~ Passport
~ State driver's license with photo
!L. Military ID
r College ID
~ State ID with photo
Correct - Click anywhere or press 'y' to continue.
Adobe Captivate Sunday, March 31, 2024
Slide 20 - Knowledge Check
Slide notes
Item 1I - Page 59
In some states, you will need to complete state required alcohol sales training in addition to this training.
~ True
~ False
Correct - Click anywhere or press 'y' to continue.
Adobe Captivate Sunday, March 31, 2024
Slide 21 - Slide 21
Slide notes
Item 1I - Page 60
You do not need to verify the customer's age during an alcohol exchange since he/she provided proof of age during purchase. 0 True
• False
Correct - Click anywhere or press 'y' to continue.
Adobe Captivate Sunday, March 31, 2024
Slide 22 - Knowledge Check
Slide notes
Item 1I - Page 61
Which of the following statements is not true about The BARS Program?
0 The program helps ensure that team members are
following Sprouts alcohol sales policy.
0 A cashier will know immediately if a customer is
aassociated with The BARS Program.
~ The program is run by Sprouts Farmers Market.
0 If you receive a green card, you demonstrated correct action under Sprouts alcohol sales policy.
Correct - Click anywhere or press 'y' to continue.
Adobe Captivate Sunday, March 31, 2024
Slide 23 - Objective Review
Slide notes
Item 1I - Page 62
Congratulations! You have successfully completed
the module. You should now be able to:
Identify key components of Sprouts alcohol sales policy.
Next
Adobe Captivate Sunday, March 31, 2024
Slide 24 - Thank You!
Slide notes
Item 1I - Page 63
SPROUTS ACADEMY
Exit
ATTACHMENT G
Item 1I - Page 64
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111
MEAT PREP
COOLER
15 110
SERVICE MEAT
109
BAKERY/DELI
PREP
107A
HALL
112
MEAT/DELI
COOLER
33 118
JANITOR
116
PRODUCE/BULK
PREP COOLER
327
113
GROCERY
FREEZER
141
114
DAIRY COOLER
19 100
MAIN SALES
09 T041
91 27 4'-2"
198F
96 32
20A
6464
64 64
646464
64 64 64
64 64 64
64 64
64 64 64
64 64
6464 64 64 64 64
177BW177AW 177AW
276
6'-0"6'-0"6'-0"6'-0" 6'-0"
4646
T037T037
T037T037
107
107
97 97
97 9'-5"
56 56 56 56
56 56
56 56E56 56E
56 56
56 56
7'-1"
9'-1 1/2"
56IB
56IB
56B
7'-4 1/2"
66 3'-0"
4'-0"
128
97 128HD
128HD
128 257
197
197
133
257
4'-2"
8'-0"
7'-2"
8'-2"
18 8 1 H S A 199A199A
61A61A61A61A61A61A
61SA 61SA
61SA
61A61A 61A
56S56S56S