Palm Springs City Council
July 25, 2024

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity
Governmentjobs.com, Inc DBA Neogov

2. Address of Entity (Principle Place of Business)
2120 Park Place, Suite 100, El Segundo, CA 90245

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Shane Evangelist- Officer
F Officer F Director F Member FManager
[name]
F General Partner F Limited Partner
F Other
Alex Chun- Officer
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
Nicholas Smith Wang- Officer
F Officer F Director F Member F Manager
[name]
F General Partner F Limited Partner
F Other
Item 1J - Page 25
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

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

Warburg Pincus
[name of owner/investor]
50%> Warburg Pincus
[percentage of beneficial interest in
entity
and name of entity]
B.

The Carlyle Group
[name of owner/investor]
29%> The Carlyle Group
[percentage of beneficial interest in
entity
and name of entity]
C.

Frontier Capital
[name of owner/investor]
10%> Frontier Capital
[percentage of beneficial interest in
entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

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

Signature of Disclosing Party, Printed Name, Title Date Jose Meza, Collections Specialist, 07/09/24
Item 1J - Page 26

ATTACHMENT C
Item 1J - Page 27
Invoice #INV-42361
From
Governmentjobs.com, Inc. DBA NEOGOV
2120 Park Pl,
Suite 100
El Segundo, CA 90245
Invoice Summary
Invoice Number INV-42361
Date 06/01/2024
Terms Net 30
Due Date 07/01/2024
Amount Due (USD) $ 106,607.82
Bill To
Palm Springs, City of (CA)
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
USA
Item / Description Total
Insight
This is your subscription fee for Insight for the term starting 07/01/2024 and ending 06/30/2025. 10,966.15
Governmentjobs.com
This is your subscription fee for Governmentjobs.com for the term starting 07/01/2024 and ending 06/30/2025.
1,946.66
Learn
This is your subscription fee for Learn for the term starting 07/01/2024 and ending 06/30/2025. 7,840.80
HRIS Suite
This is your subscription fee for HRIS Suite for the term starting 07/01/2024 and ending 06/30/2025. 57,181.71
Perform
This is your subscription fee for Perform for the term starting 07/01/2024 and ending 06/30/2025. 18,817.92
Onboard
This is your subscription fee for Onboard for the term starting 07/01/2024 and ending 06/30/2025. 9,854.58
Amount Due (USD) $ 106,607.82
Thank you for your business!
For questions, or pay by credit card, please reply to this email or reach out to [email protected]. For questions on a renewals invoice, please reach out to [email protected].

Please make checks payable to:

Governmentjobs.com, Inc
DEPT LA 25067
Pasadena, CA 91185-5067
For Payments by Wire:

Silicon Valley Bank
Account #: 3302022848
Account Name: Governmentjobs.com, Inc.

Bank Routing No.: 121140399
Swift Code: SVBUS6SIBO
For a copy of our W9, please click on "Download W9" above.

Invoice powered by Maxio, LLC. Subscription Management for B2B SaaS Item 1J - Page 28
NEOGOV

CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: REQUEST BY THE OWNERS OF THREE HISTORIC PROPERTIES FOR

APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION

AGREEMENTS, INCLUDING A CONDOMINIUM LOCATED AT THE
VILLA ROMA GARDEN HOMES HISTORIC DISTRICT AT 2562 SOUTH SIERRA MADRE (HD-10); THE KOERNER RESIDENCE , A CLASS 1 HISTORIC SITE (HSPB 150) LOCATED AT 1275 SOUTH CALLE DE MARIA; AND A CONDOMINIUM LOCATED AT SANDCLIFF GARDEN
APARTMENT HOMES (HD-5) AT 1826 BARONA ROAD
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with the current property owners of three separate historic sites. The intent of these contracts is to require maintenance and preservation of the designated sites in exchange for possible property tax relief as determined by the Riverside County tax assessor.

RECOMMENDATION:

1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs and the owners of the following list of properties:

A. 2562 S. Sierra Madre (Villa Roma Garden Homes), APN: 512-120-052.

B. 1275 South Calle de Maria (Koerner Residence), APN: 508-403-003.

C. 1826 Barona Road (Sandcliff Garden Apartment Homes), APN: 510-040- 031.

2. Authorize the City Manager to execute the Agreements.

3. Direct the City Clerk to record the Agreements with the County of Riverside.

BUSINESS PRINCIPAL DISCLOSURES:

The applicants for each Mills Act Agreement are as follows:

1. Giorgia Bardini (along with the Villa Roma HOA) for the condominium within the Villa Roma Garden Homes Historic District at 2562 S. Sierra Madre.

Item 1K - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
Mills Act Agreements – 2562 S. Sierra Madre, 1275 S. Calle de Maria, and 1826 Barona Road.

2. Sawtooth Investments, LLP for the residence at 1275 S. Calle de Maria.

3. Thomas F. Semper and Raymond S. Calabro (along with the Sandcliff HOA) for the condominium within Sandcliff Garden Apartment Homes Historic District at 1826 Barona Road.

STAFF ANALYSIS:

The following chart lists the date and resolution number for each property designated by the City Council:

Address Historic Class Date of
Designation
City Council
Resolution
2562 S. Sierra Madre Contributor in Historic
District
02/21/2023 25091
1275 S. Calle de Maria Class 1 Historic Site 11/09/2023 25159 1826 Barona Road Contributor in Historic
District
02/03/20216 23963
Pursuant to California Government Code Sections 50280 – 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a “Mills Act Agreement” and it provides for possible alternative property tax rate calculations in exchange for the ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics.

California Government Code Section 50280.1 denotes that properties are eligible for a Mills Act contract if listed in a state, city, or county official register of historic sites. All three properties were locally designated and listed on the local inventory of historic places, and therefore, qualify to apply for a Mills Act Contract. The draft Historic Property Preservation Agreements for each property are included as Attachment D to this report and specify details regarding restoration and/or maintenance of the three historic properties.

Aerial maps showing the location and context of each property and photographs of the exterior elevations are included on the following pages.

Item 1K - Page 2
City Council Staff Report
July 25, 2024 -- Page 3
Mills Act Agreements – 2562 S. Sierra Madre, 1275 S. Calle de Maria, and 1826 Barona Road.

AERIAL VIEW OF 2562 S. SIERRA MADRE EXTERIOR ELEVATION OF 2562 S. SIERRA MADRE

AERIAL VIEW OF 1275 S. CALLE DE MARIA EXTERIOR ELEVATION OF 1275 S. CALLE DE MARIA

Item 1K - Page 3
City Council Staff Report
July 25, 2024 -- Page 4
Mills Act Agreements – 2562 S. Sierra Madre, 1275 S. Calle de Maria, and 1826 Barona Road.

AERIAL VIEW OF 1826 BARONA ROAD EXTERIOR ELEVATION OF 1826 BARONA ROAD FISCAL IMPACT:

Approval of these Mills Act contracts may result in a decrease in the property tax collected for the subject properties.

REVIEWED BY:

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

A. Vicinity Maps for Each Property
B. City Council Resolution Nos. 25091, 25159 & 23963
C. Owner Letters and Disclosures
D. DRAFT Historic Property Preservation Agreements
Item 1K - Page 4

ATTACHMENT A
Item 1K - Page 5
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HD-10 The Villa Roma Garden Homes Historic District
2562 S. Sierra Madre
Item 1K - Page 6
Legend
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W •.. • : 0 ~ -: E
. :\. ~ .
• • r • •
s
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
Koerner Residence (HSPB 150)
1275 S. Calle De Maria
Item 1K - Page 7
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Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HD-5 Sandcliff Garden Apartment Homes Historic District 1826 Barona Road
Item 1K - Page 8
Legend
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ATTACHMENT B
Item 1K - Page 9
Item 1K - Page 10
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RESOLUTION No. 25091

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, FINDING THAT THE VILLA
ROMA GARDEN HOMES LOCATED AT 2500 SOUTH
SIERRA MADRE DRIVE, (MASTER APN #512-120-070)
QUALIFIES AS A HISTORIC DISTRICT (HSPB #140 / HD-10 )
SUBJECT TO CONDITIONS.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, the Villa Roma Garden Homes Homeowner's Association submitted an application to the City seeking historic district designation of The Villa Roma Garden Homes located at 2500 South Sierra Madre Drive. The application included a historic resources report ("the report") prepared for the applicant by the Palm Springs Preservation Foundation ("PSPF") dated August, 2021 ; and
C. WHEREAS, Pursuant to Municipal Code Chapter 8.05, Article V, Section

8.05.200; "Tribal Review of Applications for Historic Designation (reservation Fee Land)" the Villa Roma Garden Homes is located on Fee land on the Agua Caliente Band of Cahuilla Indians Reservation and on July 25, 2022, the City's Historic Preservation Officer ("HPO") notified the Tribal Historic Preservation Officer (''THPO") of receipt of the application.

D. WHEREAS, on October 2, 2021 , December 4, 2021 , and February 5, 2022 community meetings were conducted remotely via Zoom with property owners within the proposed historic district and City Staff pursuant to PSMC 8.05.090 (8 ,1); and
E. WHEREAS, in May 2022, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic district; and
F. WHEREAS, on June 7, 2022, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #140 was held in accordance with applicable law; and
G. WHEREAS, at said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted 5-1-1 (Rose absent, Rosenow recused) to recommend historic district Item 1K - Page 11
- ~-----
Resolution No. 25091

H.
designation of the Villa Roma Garden Homes with conditions; and WHEREAS, at the HSPB meeting of July 5, 2022, City staff returned with a draft resolution reflecting the HSPB's actions. At said meeting the HSPB voted 5-1-1 (Rose absent, Rosenow recused) to reject the draft resolution and request revised findings be prepared; and
I. WHEREAS, at the HSPB meeting of September 6, 2022, City staff returned with a second draft resolution reflecting the HSPB's actions. At said meeting the HSPB voted 4-1 (Rosenow recused) to adopt Resolution #140 to recommend historic district designation of the Villa Roma Garden Homes with conditions; and
J. WHEREAS, on October 17, 2022, City staff received review comments from the Tribal Historic Preservation Officer ("THPO") concurring with staff's findings of ineligibility.

K. WHEREAS, on February 9, 2023, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #140 was held in accordance with applicable law; and
L.

M.

WHEREAS, at said hearing, the City Council continued the public hearing to a date certain of February 21 , 2023; and
WHEREAS, on February 21, 2023 at a noticed public hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS- PART C,1, CRITERIA FOR DESIGNATION OF HISTORIC DISTRICTS:

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.090 (C), the City Council shall evaluate the application and make findings in conformance with the following criteria:

PSMC 8. 05. 090 (C, 1 ); Criteria for the Designation of Historic Districts. An area of the City may be designated as a Historic District, provided one or more of the following findings are met:

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Item 1K - Page 12
I
Resolution No. 25091

1. The proposed district and the contributing resources located therein exhibits exceptional historic significance and meets one or more of the criteria listed below:

The Council did not evaluate the individual resources, buildings or elements within the proposed historic district to determine if individually they exhibit exceptional historic significance nor whether they individually meet the criteria listed below. Instead the City Council found that the Villa Roma Garden Homes Historic District, as a whole, exhibits exceptional historic significance because it is reflective of the post-World War II shift in residential development patterns from single family houses to include multi-family housing and to embrace new and innovative form of multi-family property types. The City Council also found that the historic district exemplifies the postwar garden apartment community type that today contributes to Palm Springs' Mid-century Modern residential landscape.

These findings are further discussed under the criteria below. (Criterion "a'? The resource is associated with events that have made a meaningful contribution to the nation, state or community; The proposed area does not qualify as a historic district under Criterion "a". (Criterion "b'? The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; I The proposed area does not qualify as a historic district under Criterion "b". (Criterion "c'? The resource reflects or exemplifies a particular period of national, state or local history;
I
The City Council finds that Villa Roma Garden Homes qualifies as a historic district based on Criterion "c". In making its finding , the City Council determined that the historic district is significant within the theme, "Post-World War II Multi-Family Residential Development" in Palm Springs, as discussed in the citywide historic context statement. Villa Roma Garden Homes exemplifies new trends and patterns of multi-family development from the postwar period when prosperity brought a new group of upper middle and middle-class tourists, residents, and second-home owners to the city. This gradual democratization of Palm Springs would irrevocably change the city during the 1950's and 60's through the use of innovative and creative forms of multi-family residential development and ownership options.

The City Council further found that Villa Roma Garden Homes exemplifies the multi-family garden apartment community property type of the 1960s, and now regarded as ubiquitous to Palm Springs' residential landscape. The type employed a Modern design aesthetic and sometimes incorporated historic architectural styles such as the Roman elements applied to Villa Roma Garden Homes. The garden apartment type of the 1960s features low-slung buildings and a site plan that incorporates separation of pedestrian and vehicular traffic, no or few through streets, landscaped areas, and amenities such as Item 1K - Page 13
Resolution No. 25091

pools, clubhouses, and gathering spaces deliberately designed to foster a unique sense of community and social interaction.
(Criterion "d'J The resource embodies the distinctive characteristics of a type, period or method of construction;
The proposed area does not qualify as a historic district under Criterion "d". (Criterion "e'J The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The proposed area does not qualify as a historic district under Criterion "e". (Criterion "fJ The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
The City Council finds that Villa Roma Garden Homes also qualifies as a historic district based on Criterion "f '. In making this finding , the City Council notes that the historic district derives significance from being a unified entity comprised of a variety of contributing I
features and because it characterizes Midcentury Modern garden apartment communities 1 of the post-War era in Palm Springs. The significance of the district results from the interrelationship of its contributing features that convey a visual sense of the overall historic environment and period of development although the components lack individual distinction.
(Criterion "g'J The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

The proposed area does not qualify as a historic district under Criterion "g".

Conclusion: The City Council finds that the Villa Roma Garden Homes exhibits exceptional historic significance and qualifies as a historic district based on Criteria "c" and "f '.

SECTION 2: PART C,2 AND C,3 ANALYSIS OF HISTORIC INTEGRITY AND

DETERMINIATION OF CONTRIBUTING AND NON-CONTRIBUTING RESOURCES AND ELEMENTS.

Analysis of Integrity. (PSMC 8.05.090 (C,2). The contributing resources within the proposed historic district shall be evaluated for integrity of location, design, setting, materials, workmanship, feeling and association I Item 1K - Page 14
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Resolution No. 25091

according to the United States Department of the Interior, National Park Service's National Register Bulletin titled: "How to apply the National Register Criteria for Evaluation" as revised from time to time.

Analysis of Contributing Resources and Non-contributing Buildings & Parcels. (PSMC 8.05.090 (C,3): The proposed district:
a.) Contains contributing resources on a majority of the sites within the proposed district which individually meet the criteria in paragraphs (1) and (2) of this section, as well as other structures, buildings, or archaeological sites which contribute generally to the overall distinctive character of the area and are related historically or visually by plan or physical development; b.) Includes non-contributing properties or vacant parcels only to the extent necessary to establish appropriate, logical or convenient boundaries Although the Historic Site Preservation Board and the City Council did not evaluate individual buildings or elements of the proposed historic district, they evaluated the proposed district as a whole, and the City Council finds that nearly all the buildings and elements within the proposed district are of exceptional historic significance and thus identifies the "Contributing" resources to be as follows:

The contributing features of the Villa Roma Garden Homes Historic District are:
• Its site plan.
• Nineteen (19) residential building composed of 2, 3, and 4 dwelling units per building.
• Midcentury modern design emphasizing horizontal massing, flat rooflines, overhanging eaves, minimal exterior detailing, and construction materials including concrete block (split face, slumpstone, and screen block), aluminum, and glass • Original Roman-themes architectural elements, most notably a "Temple of Venus," ringed by ionic columns and surmounted by a circular roof pierced by a large oculus and fronted by a semi-circular reflecting pool with foundation (excluding the 2013 replacement of the Venus statue.)
• Temple "ruins" with ionic columns located at the northeast and southwest portion of the Temple of Venus lawn area.
• Carports.
• Swimming pool and spa.
• Clubhouse including the colonnade and the folded-plate portico on the west side facing the swimming pool.
• Original statuary, benches, and planters
• Original monument sign (not including the plastic signage). • Original exterior sconce light fixtures at the front doors.

As listed, contributing resources exist on the majority of sites within the proposed district and thus it conforms to PSMC 8.05.110 (C,3,a).

The non-contributing features of the Villa Roma Garden Homes Historic District are:

Item 1K - Page 15
Resolution No. 25091

• Additions to back patios on residential units.
• Solar panels and related concealment screens.
• Glass bock windows.
• Steel security doors.
• Non-original entry light fixtures.
• Ground mounted pool equipment and equipment enclosure. • Pool fencing.
• Desert landscaping.

As listed, non-contributing properties or features are included only to the extent necessary to establish appropriate, logical or convenient boundaries and thus the proposed Villa Roma Garden Homes Historic District conforms to PSMC 8.05.110 (C,3,b) SECTION 3: CHARACTER-DEFINING FEATURES.

In considering a recommendation for historic district designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the district's historic significance from alterations, additions or features that were added or altered at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original characterdefining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the buildings within the historic district.

The City Council determines that the character-defining feature of the Villa Roma Historic District are the combination of the following:
• Low-slung single-story buildings.
• Repetitive building design.
• Various "roman-inspired" precast objects (statues, benches, planters) that create a whimsical thematic quality to the district.
• Primary dwelling entrances facing small common-use courtyards rather than the street.
• Carports and parking areas accessed from the perimeter public streets, placed between clusters of units, and separate from pedestrian courtyards and outdoor passageways.
• Limited private outdoor space for each dwelling, mostly in the form of small patios. • Large open common use spaces - (1) a corner open lawn area and (2) a centralized common-use swimming pool, terrace, and community building.

SECTION 4: PROPOSED DISTRICT BOUNDARIES, HISTORIC CONTEXT AND PERIOD OF SIGNIFICANCE.

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The boundaries for the proposed historic district would be the 3.92 acres bounded by Avenida Granada on the north, Sierra Madre Drive on the west, and property lines along I the east and south that comprise the limits of the original development.

Item 1K - Page 16
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Resolution No. 25091

The historic context is "Post World War II (1945 - 1969)" as identified in the Citywide Historic Context Statement report dated December 2018.

The period of significance is 1964-65, marking the completion of construction of the Villa Roma Garden Homes.

SECTION 5: HISTORIC DISTRICT DESIGN GUIDELINES.

A document titled "Villa Roma Owners Association Architectural Guidelines (Rules & Regulations)", dated October 2022 shall comprise the design guidelines for the Villa Roma Historic District. Notwithstanding the above, any demolition or alteration of a building, structure or object within the Historic District shall be subject to Chapter 8.05 of the Palm Springs Municipal Code and, as provided in said Chapter, may require a Certificate of Appropriateness from the City prior to demolition or alteration.

SECTION 6: PROPERTY OWNER SUPPORT
The historic district application included letters of support from 56 of the 69 property owners which meets the Historic Preservation Ordinance requirement that no less than 51 % of property owners support the proposed district designation.

SECTION 7: ENVIRONMENTAL ASSESSMENT
The proposed historic district designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 8: CONDITIONS THAT APPLY TO HISTORIC DISTRICTS:

According to Section 8.05 of the Municipal Code, the following shall apply to historic districts:

1. It shall meet the definition of a historic district as outlined in Municipal Code Section 8.05.020.

2. An archival file on the properties in the district shall be maintained by the City.

3. It may be qualified as 'historic' at the federal, state, and/or county level.

4. The structure or resources in the district may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.120 "Demolition or Alteration or New Construction within a Historic District - Certificate of Appropriateness", including conformance with the District's approved Design Guidelines.

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

Item 1K - Page 17
Resolution No. 25091

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required. I

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution.

Based upon the foregoing, the City Council hereby designates "The Villa Roma Garden Homes" located at 2500 South Sierra Madre Drive, as a Historic District (HSPB #140 / HD-9).

Indemnification. The applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case HSPB #140 / HD-10. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall 1 waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.

ADOPTED THIS 21 sr DAY OF FEBRUARY, 2023.

ATTEST:

BrehdaPree 1
City Clerk
Teresa Gallavan
Interim City Manager
I
Item 1K - Page 18
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Resolution No. 25091

STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS )

CERTIFICATION
ss.

I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25091 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 February 21 , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Holstege, Middleton, Mayor Pro Tern Bernstein Councilmember deHarte and Mayor Garner
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this / s,t- day of 'Yno.rch , 1.023 . renda e, MMC, CERA, City Clerk
City of Pam Springs, California
Item 1K - Page 19
RECORDING REQUESTED BY:

CITY OF PALM SPRINGS
2024-0077542
03/ 15/ 2024 02 :39 PM Fee : $ 0 . 00

Recorded in Official Records
County of Ri verside
Peter Aldana
AND WHEN RECORDED MAIL TO:

City of Palm Springs
P. 0 . Box 2743
i1]ii:i~~f iiif111111
Palm Springs, CA 92263
Attn: Office of the City Clerk 4117

SPACE ABOVE FOR RECORDER ONLY
Filing fee EXEMPT per Government Code 6103
RESOLUTION NO. 25159

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA,
DESIGNATING "THE KOERNER RESIDENCE"
LOCATED AT 1275 SOUTH CALLE DE MARIA, A
CLASS 1 HISTORIC SITE, (HSPB #150),
APN# 508-403-003.

THIS AREA FOR

RECORDER'S

USE ONLY

THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Item 1K - Page 20
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RESOLUTION NO. 25159
A RESOLUTION ·oF THE CITY COUNCIL OF.THE CITY OF PALM
SPRINGS, CALIFORNIA, DESIGNATING . "THE KOERNER
RESIDENCE" LOCATED AT 1275 SOUTH CALLl= DE MARIA, A
CLASS 1 HISTORIC SITE, (HS~~ #150), A.PN#508-403-003.

THE CITY COUNCIL FINDS AND DETERMINES As FOLLOWS: -
A. WHEREAS1 Chapter 8.05 of the 'Palm Springs Municipal Code allows for the designation of historic sites and districts; and ·
B. WHEREAS, David and Katherine Wright; Represented by the Palm Springs Preservation Foundation, submitted an application seeking historic site designation of the Koerner Residence located at 1275 South Calle de Maria; and
' . . C. WHEREAS, in August, 2023, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and . . .

D. WHEREAS, on September 5, 2023, a 11oticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #150 was held in accordance with applicable law; and
,E. . WHEREAS, at the said hearing, the HSPS carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the st~ff report and all written and oral testimony and voted unanimously to recommend th~t the Council designate the Koerner Residence a Class 1 (Laridmar~) historic re~ource; and F. WHEREAS, on November 9, 2023, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #150 was _he.Id in accordance wi~h applicable law; an_d . .

G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in. connection with the hearing o.n the project; including, but not limited to the staff report an~ all writt;en ~nc;j oral te_stimony. . .·. .. . : . # • • ' ~ • THE CITY COUNCIL OF THE Cll)' OF PALM ~PRIN~S. .. RESQLV~S: . . . . , . . . . . . , . . .· . ...

SECTION 1: FINDINGS - PART "A", CRITERIA FOR HISTORIC RESOURCES.

Evaluation of the Application. Pursuant to Municipal Code s~·ction 8.05.070 (C, 1,a), the City Council shall evaluate the application and make findings in conformance with the following criteria:

Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be. designated as a Class 1 historic resource, provided.bot~ of the following findings ("a" and "b'? are met: .· . . . · · · · .

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Resolution No. 25159
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a. The site, structure, building or: object exhibits exceptional historic significance and meets one or more of the criteria listed below:

The restored Koerner residence•is bro_ught back to its period of significance and is an outstanding example of Modern architecture from the mid-twentieth century that demonstrates exceptional historic significance because of its association with master architect E. Stewart Williams and landscape design~r Garrett Eckbo and Francis H. Dean.
(Criterion 1) The resource is associated with events that have made a meaningful · contribution to the nation~ state .of' community; ·
No information was prov!ded i~dicating a.ny significant event was directly associated with this site. The site does not qualify under Criterion i. ·
(Criterion 2) The resource is associated with the lives of persons who mac!e a mear:ingful _contribution to na{io~a/, state or local history; The report provides a robust history of the first owners, Leq'n and Thea Koerner, and lists their important contributions to British Columbia. ·The Koerners are recognized as a "Person of National historic Significance", bi.It the report does not expand on their contributions 'to local, state or national history of the United States.' Unlike the applicant, the City Council 'finds the site does not qualify for Criterion ii.

I
(Criterion 3) The resource reflects or exemplifies a particular period .of national, I state or local history;· · · · ·
The home was constructed during the context of "Post-World War II Palm Springs." The rise in wealthy tourists and seasonal r~sidents during this time was a clear indicator of the growing prosperity following the wars. Modernist ideals arid a newfound concern for landscape design became important for designers. Although E. Stewart Williams was not formally trained in Modernism, he was. highly influenced by Scandinavian Modern design and the principals of using "organic forms'.' and "natural m~t~rials." . . !h,e}~oerrier residence_integrates natural materials with Modernist ideas regarding light, fenestration and form. E. Steward \(Villiams uses building details and materials .. to extend the interior space to the exte'rior. AdditionaHy, the site placement of the home places an emphasis on the landscape design. The restored earth mounds arid the different fountain features are· a few of the qualities identified as significant to the landscape design. The City Council finds the site q1,1aiifies as a historic reso~rce under Criterion iii. (Criterion 4) The resource embodies the distinctive characteristics of a type, period or method of construption;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction)-, the period (of , construction) and the method (of construction). The post-and-beam construction was a conventional method of construction; however, the structural' _use of "slumpstone", which I was a relatively new building material at that time, was innovative. It was used in such a way that the material transitioned from an interior wall to an exterior garden wall. The surface texture of the "slumpstone" gave the appearance of a more natural material like Item 1K - Page 22
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Resolution No. 25159

adobe, yet it was lightweight and .cost efficient. The City Council concurs with the applicant's analysis and finds that Criterion iv is met. . (Criterion 5) The resource presents the work of a master builder, designer, -artist, or architect -whose individual genius .influenced his age, or that possesses high artistic value;
The• site planning and the design of the home was by.master architect E SJewart Williams .and the landscape design was by Garrett Eckbo and. Francis H. Dean. Architect E. Stewart Williams,. one of the most influential architects from that time period, designed ·other notable buildings such as the Palm Springs Art Museum an~ the Edris House. His work is based on the notion that the site generates the form of the building and that all aspects of design must be compatible with the surrounding landscape. Garrett Eckbo and Francis H. Dean created a lush landscape design around lhe home utilizing: large natural stone retaining walls, planters, fountains and earthen mouAds. Both the architect and the landscape architects were highly influential, and their work at the Koerner Residence possesses high artistic value, thus the City Council finds Criterion. v is met.
(Criterion 6) The resource represents a significant and distinguishable entity whos_e components may Jack individual distinction, as used in evaluating applications for designation of historic district~, for parcels on which more than one entity exists; or I No information has been provided that the resource qualifies under Criterion vi. (Criterion 7) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

I
No information has been provided on any pre-historic significance of the site.

SECTION 2: PART ''.B" ANALYSIS OF HISTORIC INTEGRITY.

Analysis of Integrity. (PSMC 8.05.070 (C, 1,b). The site, structure, building or object retains one or more of the following aspects Qf integrity, as. established in the Secretary of the Interior's Standards: integrity of design, materials, workmanship, location, setting; feeling, or association ..

Beginning on page 37 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, .as recognized by the· National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The resource remains in its original location of construction, thus, retains integrity of location. . .

2. Design:

Item 1K - Page 23
Resolution No. 25159

The layout of the building on an 8x8 foot grid dictates the spatial layout of the home. The post- I and-beam construction is clad with vertical board-and-batten wood siding that was sandblasted to better reveai' the natural wood grain and textures. This treated wood siding transitions seamlessly from the inside of the home to the exterior. The "slumpstone" walls also extend from the interior to the exterior. The home incorporates design queues found in ranch homes, such as a low-slung roof and wood siding, giving it a modest appearance; however, the use of expansive glass doors/windows, clerestory windows, and asymmetrical rooflines ·clearly demonstrate Modernist design principals. The recent remodel removed all non-historic additions made in 1973 and brought it b~ck to the original 1955 floor plan. · 3. Setting:

The setting of the property was maintained by preserving the landscape-design surrounding the home. Since the original construction of the home in 1955, the Deepwell subdivision has been developed, however, the ·setting immediately surround the property has been maintained and virtually unchanged. The integrity of setting remains intact.

4. Materials:

The restoration included replacement of original materials that were deteriorated and/or altered.

This work was done using historic documentation and existing original material. The existing vertical wood siding was sandblasted and painted as part of the restoration, and areas with missing or damaged siding was matched to the original material. The "slumpstone" walls were I. re-painted and the fenestration remains a single pane glass.

5. Workmanship:

The construction of the building appears to use conventional" construction methods but the attention to detail, particularly the seamless transition of materials from the interior to the exterior, demonstrates high-quality workmanship. The City Council finds the integrity of-workmanship is clearly visible.

6. Feeling:.

The 'property remains .a -single-family home .designed with Modernist ·design principals that remain the focal point. The site placement of the home remains unchanged in a landscape design that includes two gardens and a recreational area. The overall expression, desig_n aesthetic and setting are maintained allowing the feeling of the site to remain intact.

7. Association:

The property is associated with the renowned architect E. Stewart Williams and landscape architects Garrett Eckbo and Francis Dean. Both groups are highly respected designers that have contributed in a meaningful way .to their respective professions. Their notable design 1 · tra!ts/features associate .the designers to the site.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
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Resolutioa No. 25159

In considering a recommendation for historic resource desigr:tation it is important to distinguish thos~ physical elements that are .origihal or from the period of significan~ that contribute to the resource's historic significance from alterations, additions or features that were added at a later time that may be syi:npathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the City Council when it is tasked with evaluating future alterations to the historic resource.

following is a list of character-defining features identified by the City Council:

Character-defining features 9f the resource are as follows:
• Overall site design
• Low slung contemporary ranch-style home designed on a modular eight-foot grid • Open carport design with deep overhangs
• Indoor/outdoor atrium space adjacent to primary bedroom • Thin steel-framed sliding glass doors, windows, and casement doors • Large expanses of glazing and clerestory windows
• Sandblasted board-and-batten vertical wood details
• Formica-covered front door
• Original "sl~mpstone" block walls that extend beyond the interior of the home bec~ming the exterior walls
• Open beam terrace on the rear of the house
• Swimming pool
• Flagstone paving and white concrete exposed aggregate paving around the slatted bench feature under the tr.ellis
• Trellis and sl~tt~d curved bench and planter box
• Landscape/outdoor .d~sfgn.features that include the following details:
o. Sculpted earth mounds in rear garden
o Native stone retaining walls in rear garden
o Planting beds on three sides of the house
o Shallow steel tank ends used for planters and fountains Non-contributing elements:
• Photovoltaic Panels on the roof
• Mechanical and pool equipment
• Hedge blocking the front elevation
SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no ·potential for resulting in physical changes to the environment, directly or indirectly.

Item 1K - Page 25
Resolution No. 25159

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 1 Historic Resource:

1. It shall meet the definition of a Class 1 historic site as outlined in Municipal Code Section

8.05.020.

2. An archival file on the property shall be maintained by the City.

3. It may be qualified as 'historic' at the federal, state, and/or county level.

4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.110 "Demolition or Alteration of Class 1 and Class 2 Historic Resources - Certificate of Appropriateness".

5. A marker explaining the historic nature of the site may be installed at the site in a location viewable from the public way.

6. Compliance with all rules and regulations for Historic Sites and Historic Districts under Chapter 8.05 of the Municipal Code shall be required.

7. The site shall not be further subdivided.

8. The City Clerk shall submit the Council Resolution to the County recorder for recordation within 90 days of the effective date of the Council's resolution.

Based upon the foregoing , the City Council hereby designates "The Koerner Residence" located at 1275 South Calle de Maria, a Class 1 (Landmark) Historic Resource (Case HSPB #150).

ADOPTED THIS 9TH DAY OF NOVEMBER 2023.

Scott C. Stile's, City Manager
ATTEST:

BrendaPiee:'tfity Clerk
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Resolution No. 25159 ·
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STATE OF CALIFORNIA )

COUNTY OF RIVERSIDE )

CITY OF PALM SPRINGS )

CERTIFICATION
ss.

I, BRENDA PREE, City Clerk .of the City of Palm Springs, hereby certify that Resolution No. 25159 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 November 9, 2023, hy the following vote:

AYES:

NOES:

ABSENT:

RECUSED:

Councilmembers deHarte, Holstege, Middleton; Mayor Pro Tern Bernstein; and Mayor Garner
None
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official.seal of the City of Palm Springs, California, this ?o"1l{ day of November 2023. · . ~ . Brenda Pree, MMC, CERA, City Clerk
.1 · . City of Palm Springs, California
I

CERTIFIED COPY
I certify that this ts a true and correct copy d the document on file In the official recoros of the City of Palm Springe. z:32a:;r-& ' ~ Deputy City Clerk
This certification must appear In blue wtth an orfglnaJ signature.

Item 1K - Page 27
RESOLUTION NO. 23963

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DESIGNATING THE

SANDCLIFF GARDEN APARTMENT HOMES
CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND
ADCPTING A CLASS 31 CATEG0rUCAL EXEMFilON
UNDER CEQA FOR PROPERTY LOCATED AT 1800
BARONA ROAD (CASE HSPB 93/HD 5).

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts.

B. The Sandcliff Garden Apartment Homes Homeowners Association (SGAH) in conjunction with the Palm Springs Preservation Foundation (PSPF) filed an application with the City for historic district designation of the Sandcliff Garden Apartment Homes condominium complex pursuant to PSMC Chapter 8.05. The application included a historic resources report about the complex dated March 15, 2015.

C. In May 2015, members of the Historic Site Preservation Board (HSPB} conducted guided site inspections of the proposed historic district accompanied by City staff.

D. A significant number of unit owners within the Sandcliff Garden Apartment Homes (SGAH) condominium association have indicated their support of the proposed historic district designation.

E. A notice of a public hearing of the Historic Site Preservation Board of the City of Palm Springs to consider designation of the Sandcliff complex was issued in accordance with applicable law.

F. On May 12, 2015, the HSPB conducted a public hearing in accordance with applicable law to consider designation of the Sandcliff Garden Apartment Condominiums as a historic district and at said hearing voted to recommend that the City Council designate the Sandcliff Garden Apartment Condominiums (Case HSPB #93) as historic district #HD-5.

G. A notice of a public hearing of the City Council of the City of Palm Springs to consider historic district designation of the Sandcliff complex was issued in accordance with applicable law.

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Resolution No. 23963
Page2
H. On February 3, 2016, the City Council conducted a public hearing in accordance with applicable law to consider historic district designation of the Sandcliff Garden Apartment Condominiums.

I. The proposed histcr:c d:stri,;: r!~sigriatiC'r ;i; r.--,.msidered 2.projeci pursuant tc.tilc terms of the California Environmental Quality Act (CEQA) and has been determined to be Categorically Exempt from further evaluation under CEQA as a Class 31 exemption (historic resources restoration / rehabilitation) pursuant to Section 15331 of the CEQA Guidelines.

J. Pursuant to Municipal Code Section 8.05.160, the City Council, in evaluating a historic district application, must find that the designation of the site or district supports or furthers the purpose of the historic preservation ordinance. As stated in Section

8.05.010, "Purpose and Authority" the Historic Preservation ordinance is " ... For the purpose of prese,ving areas and specific buildings of the city which reflect elements of its cultural, social, economic, political, architectural and archaeological history. This chapter is intended to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of specific buildings for the education and welfare of the citizens." The Sandcliff Garden Apartment Condominium complex (SGAC) reflect elements of the City's cultural and architectural history as explained in the defining criteria outlined below including being representative of a particular period in local history and embodying distinctive characteristics of a building type and architectural style. The proposed designation of the Sandcliff complex as a historic district is supported because it imbues aspects of the cultural, social, economic and architectural history and development of the City. It possesses a high-degree of integrity in terms of its ability to convey its historic significance in the context of the social and physical development of Palm Springs and the modern period of architecture for which Palm Springs is well known. Therefore the proposed historic district designation conforms to the required finding.

K. Pursuant to Municipal Code Chapter 8.05.020 ('Definitions'), in order for an area within the City to be considered for possible historic district designation, it must contain a number of structures, natural features or sites that possess " ... historic, architectural, archaeological, cultural or aesthetic significance.".

The City Council finds that the Sandcliff Garden Apartment Condominiums Historic District possesses a number of structures and features that possess historic, Item 1K - Page 29
Resolution No. 23963
Page3
architectural, cultural and aesthetic significance as defined in the following criteria outlined in PSMC 8.05.020:

Criteria #3. That reflects or exemplifies a particular period of the nation;;,'. :;tats c.-:o.;;;f hi.,:my; The buildings within the proposed Sandcliff Historic District reflect the Modern Period in local architectural history; specifically the period of significance proposed is from the early 1950's to the late 1960's. It was during this period that the City of Palm Springs, in response to rapid population growth following World War 11, studied the inventory of housing types that existed in the city and began establishing more multi-family zoning designations in many of the open, undeveloped parts of the city. This in turn encouraged a greater variety of housing types, including garden style apartments to be developed.

The development of the garden apartments at Sandcliff are a response to the significant increases in growth in population that Palm Springs was experiencing after World War II and the shortage of high quality, affordable housing stock. As noted on page 10 of the historic resource report, from 1950 to 1956, the population in Palm Springs grew by an astonishing 60%. The City responded to this dramatic increase in population by creating more medium and high-density residential zones and in turn, developers responded by producing literally hundreds of garden style homes and multi- family apartment and condominium complexes. The FHA began to insure mortgages on condominium developments in 1961, making the financing of "apartment homes" affordable and attractive to a growing number of families and individuals.

Criteria

4. That embodies the distinctive characteristics of a type, period or method of construction; The buildings in the proposed Sandcliff Historic District reflect a low-cost approach to home construction. Stripped of ornament, high quality finishes, expensive details or lavish materials, the developers of the homes at Sandcliff focused their resources on providing technological features that were advanced for their time, and amenities such as built-in sound systems, built in-kitchen gadgets, contemporary appliances, air conditioning and sunken tubs.

Buyers in the early 1960's in Palm Springs were comparing features and value of the post-and-beam construction common in the housing tracts that the Alexander Construction Company began in the mid-1950's with the conventional "stick-built" frame construction of the Sand cliff homes; which were typically better insulated, offered larger kitchens with more gadgets, appliances and storage. Not only does the construction typology of Sandcliff reflect the market demand at that time for convenience and "state- Item 1K - Page 30
Resolution No. 23963
Page4
of-the-art" gadgetry, it is also reflective of the fiercely competitive nature of producing affordable housing. That which wasn't essential for convenience or comfort within the proposed units was stripped away, leaving the physical architecture of the buildings simple, clean, and uncluttered. During the period in which Sandcliff was built, modern architecture, with· its ul£:s~ i~ m,-.r\;" rna,,tra \iv'as ernbracerl. i.o~• . .,'Jar Jc:v~!ope!~ S9e~.ir,g !c maximize profits and home-buyers seeking to minimize the time and effort required for maintenance and upkeep.

L. The boundaries of the proposed historic district are Barona Road on the west, Sandcliff Road on the north and east, and Morongo Trail on the south.

M. The Sandcliff Garden Home Apartment Condominiums Historic District's period of significance is roughly from the early 1950's to the mid-1960's.

N. The context within which the Sandcliff Garden Home Apartment Condominiums Historic District is identified with the post-World War II growth of Palm Springs as a worldwide vacation and resort destination. The period following World War II saw increasing seasonal and permanent population in Palm Springs and from a 1950's report on the housing stock of the City it was determined that a shortage of affordable homes existed. Many areas in the City were re-zoned from low-density to medium and high-density residential zones to encourage an increase in production of different housing stock options.

0. Contributing. Non-Contributing, and Defining Historic Characteristics or Elements The physical character-defining features of this site include the following:

1. The strong horizontal roof planes of all buildings and structures on the site, emphasized by the thin fascia of the roof structure and deep patio overhangs, interspersed with simple rectilinear volumes of the kitchens which protrude above the roof fascia to provide visual balance to the overall composition.

2. Narrow natural-anodized aluminum-frame windows and sliding glass doors.

3. The variety of concrete screen block privacy walls at patios and terraces.

4. The lightly raked stucco accent panels above and below the kitchen windows.

The contributing elements of the complex are recommended as follows:

1. All residential structures within the Sandcliff complex are recommended to be designated as Contributing Structures and individually treated as Item 1K - Page 31
Resolution No. 23963

Class 1 historic structures pursuant to Section 8.05.125 of the Palm Springs Municipal Code.

2. The swimming pool and pool cabana structure are recommended for designation as Contributing Structures and treated as Class 1 historic strur.h.,ies.

The non-contributing elements are recommended as follows:

1. The driveways, carports and service areas along Sandcliff road.

2. The common area landscape.

3. Any new or modified privacy walls, canopies, shade trellises, surface mounted conduit, antenna, satellite dishes, floor tile at patios, screen doors of varying designs, steel picket gates of varying designs, vinyl replacement windows and doors.

P. Integrity. The factor of integrity, while not a requirement of the Municipal Code Findings, is a factor that is considered in applications made to the National Trust for Historic Places and in certain state historic designations. The report concludes that the buildings within the proposed Sandcliff historic district have undergone limited alterations and that most of the character-defining features survive. Thus, the sites within the district retain a high degree of historic integrity.

Q . The specific parcels proposed for inclusion in the Sandcliff Historic District are as follows:

Assessor Parcel Numbers 510-040-001 to 040 and the common lot -041 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA HEREBY RESOLVES:

Based upon the foregoing, the City Council hereby designates the Sandcliff Garden Apartment Condominiums located at 1800 South Barona Road and as bounded by Barona Road, East Sandcliff Drive, South Sandcliff Drive and, Morongo Trail , Palm Springs, California, as "HSPB #93, Historic District #HD-5."

1. The property owner shall permit the City to place a historic marker of the City's choosing at the site. The marker shall be placed in a location visible from the public right-of-way. The owner shall maintain the marker in the location installed and pay for the replacement cost if the plaque is lost, stolen, or otheiwise removed from the property.

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Resolution No. 23963
Page6

2. All future modifications of the existing structures, as well as, any new buildings proposed on the site shall require HSPB review pursuant Municipal Code Ordinance 8.05.180.

4. That the City Clerk submits the Council Resolution to the County recorder for recordation within 90 days of the effective date of this resolution.

5. Any alterations or modifications to the exterior approved prior to the designation of this site by the City Council shall be considered legal, non-conforming only as to Section 8.05 of the Palm Springs Municipal Code.

ADOPTED THIS 3RD DAY OF FEBRUARY, 2016.

ATTEST:

Item 1K - Page 33
Resolution No. 23963

STATE OF CALIFORNIA )

CERTIFICATION
COUNTY CF RIVF.:~C:r>C ) ,~

CITY OF PALM SPRINGS)
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 23963 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 the 3rd day of February, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor Pro Tern Mills, and Mayor Moon.

None.

None.

None.
es Thompson. City Clerk
ity of Palm Springs, Califor~/ i 4-/ z.o , (:,

ATTACHMENT C
Item 1K - Page 34
Giorgia Bardini, DVM
2562 S Sierra Madre Palm Springs, CA 92264
[email protected]
909-678-9231
March 21st, 2024
Subject: Mills Act Authorization Request for 2562 S Sierra Madre, Villa Roma To whom it may concern,
I am writing to request the authorization of the Mills Act for my property located at 2562 S Sierra Madre, part of the historically significant Villa Roma development in Palm Springs. As the sole owner and resident, I am dedicated to the preservation and authentic restoration of this iconic condominium to its original state from 1966, reflecting the unique architectural heritage of the era. My commitment to this endeavor is driven by a deep appreciation for the cultural and historical significance of Villa Roma, and a desire to maintain its legacy for the Palm Springs community.

In my restoration efforts, I plan to go beyond mere aesthetic revitalization; I aim to incorporate energy-efficient upgrades that are sensitive to the property's historical context. These enhancements will be thoughtfully selected to ensure compatibility with the mid-century modern design, while also promoting the longterm sustainability and resilience of the property. The Mills Act authorization is crucial in supporting these restoration activities, enabling me to preserve the condominium's historical integrity and contribute to the enduring charm of our city's architectural landscape.

I trust that the City of Palm Springs values the preservation of its historic landmarks and understands the role of the Mills Act in facilitating these efforts. By granting this authorization, you will be aiding in the protection and enhancement of Villa Roma, a treasured example of our shared mid-century heritage. I am available for any further discussion or to provide additional information as needed and look forward to your positive response.

Thank you for considering my request.

Sincerely,
Giorgia Bardini, DVM
Item 1K - Page 35
1111 E. Tahquitz Canyon Way, Suite 107 Phone: (760) 327-0301 Fax: (877) 681-0301 Palm Springs, CA 92262 http://www.thegaffneygroup.net
March 21, 2024
City of Palm Springs
Attention: Historic Preservation Office
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Villa Roma Owners Association
HSPB #140/ HD 10
Dear Sir/Madam:

This letter is being sent to confirm Villa Roma Owners Association’s knowledge and acceptance of the proposed application submitted by the following owner to participate in the Mills Act Tax Incentive program.

Should you require any additional information from the Association, please do not hesitate to contact me directly.

Giorgia Bardini
2562 Sierra Madre
Palm Springs, CA 92264
APN: 512-120-052-0
Sincerely,
For the Board of Directors
Villa Roma Owners Association
Meaghan Gaffney-Howe, CMCA, AMS
Community Association Manager
Item 1K - Page 36
Gf(~ - - THE GAFFNEY GROUP, INC.

CONTINUITY • STRENGTH • UNITY
Item 1K - Page 37
April 9, 2024
David Wright
25 Beaver Pond Road
Beverly, MA 01915
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: 1275 S Calle De Maria, Palm Springs, CA 92264
To Whom It May Concern:

Please find attached my Mills Act application for my home located at 1275 S Calle De Maria, Palm Springs, CA 92264. I am in favor of this application and remain at your disposal to address any questions you may have.

With thanks and best regards,
David Wright, Sawtooth Investments, LLP Owner/ Manager
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1. 2 .

3. 4 .

5. PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Name of Entity
~IJwroom .:{ivvF""s,M~N75 LLP
Address of Entity (Principle Place of Business)
o7S- f3P/,J-Vrk SDaNI) Rl>
Local or California Address (if different than #2)
/~7.f s. C1;-t..t.~ :0~ MARl4
I iJyt. m ¥tz / M6'.-~
State where Entity is Registered with Secretary of State /)1 /f .S S /)c /t'V SET z:5
C·.4 <7/ Zzt, f
If other than California, is the Entity also registered in California? n Yes n No Type of Entity
D Corporation D Limited Liability Company O Partnership D Trust 0 Other (please specify) LH11/rl'D l11f1'//.../ ;1/ PAATpi:,/Z-.S/r'/r'

6. Officers, Directors, Members, Managers, Truitees, 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 VlrY/t) 8. N;.c/ frll-1 D Officer D Director D Member D Manager [name]
~ General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
0 General Partner D Limited Partner
• Other
D Officer D Director O Member D Manager
[name]
D General Partner D Limited Partner
• Other

CITY OF PALM SPRINGS- PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 05/16/19)
Item 1K - Page 39

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.

J)/r f' I I::, 7.3 , W/t-ltrr/v /ao/o
[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]

0. [name of owner/investor) [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity)

I DECLARE 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

Calabro | Semper
929 Federal Avenue E
Seattle, WA 98102
April 27, 2024
Sarah Yoon
Associate Planner / Historic Preservation Officer
City of Palm Springs
3200 E. Tahquitz Canyon Road
Palm Springs, CA 92262
(760) 323-8245
[email protected]
Re: 1826 South Barona Road, Palm Springs, CA 92264--SANDCLIFF Dear Ms. Yoon,
We are the owners of a condominium at 1826 S. Barona Road in Palm Springs. Our unit is part of the Sandcliff Historic District (#HSPB93) and we would like to request a Mills Act Contract to begin the application process. Our understanding is that we need to provide the following information to you:
• Owner Contact Information:

Raymond S. Calabro, [email protected], (206) 245-8048 Thomas F. Semper, [email protected], (206) 849-8614 • Assessor’s Parcel Number: 510-040-031
• Legal Description of Property: attached.
• Letter of support from the Sandcliff HOA attached.

In consultation with the HOA Board President and the Management Company, we can confirm that the capital improvement projects to the unit that will maintain and preserve the unit are handled by the HOA as part of ongoing and long-term maintenance and improvement plans.

This includes annual exterior painting, as well as scheduled window replacement, roof replacement, AC replacement, etc. For capital improvements specific to 1826 S. Barona, please see the List of Proposed Capital Improvements submitted through the online portal.

If there is any additional information we can provide to you at this time, please let us know.

Thank you for your help with this process.

Sincerely,
Raymond S. Calabro, FAIA Thomas F. Semper, MD
Item 1K - Page 40
Item 1K - Page 41
Pro/essio11ally .lla11aged by:

PERSONALIZED
!lliilPROPERTY
lffill MANAGEMENT
Till' 1:owhd/11 l11/1,·, ·• r.,m1111111111,
lfu1111!,!Nll1'1lf f."otllJH/11\
January 9, 2023
To: City of Palm Springs
Re: Mills Act
Sandcliff Homeowners Association
To Whom It May Concern,
68950 Adelina Road
Cathedral City, CA 92234
Phone: (760) 325-9500
Fax: (760) 325-9300
Sandcliff Owners Association supports the Mills Act Application for all of its members and 40 units, specifically 1826 South Barona Road, Palm Springs CA 92264. The association is committed to the prnservation of the association's hi:;toric design and architecture. The association understands that they will need to co-sign the contract in order for the owner to receive approval.

Sincerely,
Nick Keuilian
On behalf of the
Sand cliff Owners Association
Board of Directors

ATTACHMENT D
Item 1K - Page 42
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ___day of _____, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Giorgia Bardini ("Owner") and The Villa Roma Garden Homes (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 2562 S. Sierra Madre, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On February 21, 2023 (the "Approval Date"), the City Council approved Resolution 25091 establishing the subject property as a contributing structure in The Villa Roma Garden Homes Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1K - Page 43
2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on __________2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1K - Page 44
3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1K - Page 45
4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1K - Page 46
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Giorgia Bardini
2562 Sierra Madre
Palm Springs, CA 92264

HOA: The Villa Roma Garden Homes HOA
Meaghan Gaffney-Howe, Community Association Manager
1111 E. Tahquitz Canyon Way, Suite 107
Palm Springs, CA 92262

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1K - Page 47
6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1K - Page 48
7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1K - Page 49
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Owner: Giorgia Bardini

Dated:_________________________ By:_______________________________ Community Association Manager:

Meaghan Gaffney-Howe
The Villa Roma Garden Homes HOA
Item 1K - Page 50
9 Item 1K - Page 51

ACKNOWLEDGMENT
A notary public or other officer completing this certificMe , verifies only the identity of the individ ual w ho sig ned the document to which this certificate is attached . and not the truthfulness. accuracy. or validity of that document.

State of Galifomia
County of _________ _
On ______ before me. _ ___________________ _
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory evidence to be the persont.s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe1:ule<.J U1e ~111e i11 1,i~1e1/U1ei1 aulhu1i,:e<.J c<1p<1cily(ie~). <111<.J lhal l>y t1i~1e1/U1ei1 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 PENAL 1Y OF PERJURY under the laws of the State of Cal ifornia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION
A CONDOMINIUM COMPRISED OF:

PARCEL 1:

ALL THAT PORTION OF TRACT NO. 3048, IN THE CITY OF PALM SPRINGS,

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 52, PAGES 1 THROUGH 7, INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS, SHOWN AND DEFINED AS UNIT 45 ON CONDOMINIUM PLAN FOR SAID TRACT NO. 3048, RECORDED JANUARY 17, 1967 AS INSTRUMENT NO. 4420, OF OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDS;

EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER
HYDROCARBON SUBSTANCES IN AND UNDER THE PROPERTY. GRANTOR

RETAINING THE EXCLUSIVE TITLE AND RIGHT TO REMOVE SAID SUBSTANCES,

TOGETHER WITH THE SOLE RIGHT TO NEGOTIATE AND CONCLUDE LEASES

AND AGREEMENTS WITH RESPECT TO THE PROPERTY WHICH UNDERLIE A PLANE PARALLEL TO AND 500 FEET BELOW THE PRESENT SURFACE OF THE

PROPERTY FOR THE PURPOSE OF PROSPECTING FOR, DEVELOPING AND/OR

EXTRACTING SUCH SUBSTANCES FROM THE PROPERTY BY MEANS OF WELLS

DRILLED INTO OR THROUGH SAID PORTIONS OF THE PROPERTY FROM DRILL SITES LOCATED ON OTHER PROPERTY, IT BEING EXPRESSLY UNDERSTOOD;

AND AGREED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS SHALL HAVE

NO RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY OR TO USE THE

PROPERTY OR ANY PORTION THEREOF ABOVE THE LEVEL OF THE AFORESAID

PLANE, AS RESERVED IN DEED FROM PRUDENTIAL SAVINGS AND LOAN ASSOCIATION, A CORPORATION, RECORDED DECEMBER 31, 1968 AS INSTRUMENT NO. 126857.

PARCEL 2:

AN UNDIVIDED 1/69TH INTEREST IN AND TO ALL THAT PORTION OF TRACT NO. 3048 AS SHOWN BY MAP ON FILE IN BOOK 52 PAGES 1 THROUGH 7 INCLUSIVE OF MAPS, RIVERSIDE COUNTY RECORDS, SHOWN AND DEFINED AS “COMMON AREA” ON CONDOMINIUM PLAN FOR SAID TRACT NO. 3048 RECORDED JANUARY 17, 1967 AS INSTRUMENT NO. 4420; EXCEPTING THEREFROM

EXCLUSIVE EASEMENTS FOR PURPOSES OF AUTOMOBILE PARKING OVER EACH OF THESE PORTIONS SHOWN AS PARKING SPACES 1-P TO 100-P INCLUSIVE, ON SIAD CONDOMINIUM PLAN.

PARCEL 3:

AN EXCLUSIVE EASEMENT FOR PURPOSES OF AUTOMOBILE PARKING OVER THAT PORTION OF SAID TRACT 3048, AS SHOWN BY MAP ON FILE IN BOOK 52 PAGES 1 THROUGH 7, INCLUSIVE, OF MAPS, RIVERSIDE COUNTY RECORDS, SHOWN AS PARKING SPACE 45-P ON CONDOMINIUM PLAN FOR SAID TRACT Item 1K - Page 52
11 NO. 3048, RECORDED JANUARY 17, 1967 AS INSTRUMENT NO. 4420, OF

OFFICIAL RECORDS OF RIVERSIDE COUNTY RECORDS, WHICH EASEMENT IS FOR THE BENEFIT OF AND APPURTENANT TO SAID PARCELS 1 AND 2 ABOVE DESCRIBED.

ASSESSOR’S PARCEL NUMBER: 512-120-052
Item 1K - Page 53
12 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic characterdefining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1K - Page 54
13 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1K - Page 55
14 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Electrical Panel Upgrade: faulty original electrical panel (currently Zynsco) from 1966 will be upgraded/replaced to ensure it meets current safety standards and accommodate the electrical needs of the property efficiently. Panel upgrade to 200 amp. Estimated cost: $5,100

2. Security System Installation: Ring security system to maintain safety of the property and to be able to remotely check-in on property. Estimated cost: $350

3. Energy-efficient lighting installation: Following electrical panel upgrade, all light fixtures will be changed to LED and sustainable lighting that is consistent with mid-century modern feel of the home. Estimated cost: $2,500

4. HVAC System Replacement/Upgrade: 20 year old units will be replaced for a new more sustainable model

5. Solar Panel upgrade on the roof to be installed in accordance with rules and regulations set forth by HOA/Mills Act guidelines and maintain structural integrity of the property.

HOA maintenance include: Roof inspection and maintenance, exterior painting, landscaping and outdoor enhancement, pool/clubhouse maintenance, external lighting and electrical work/upgrades.

Item 1K - Page 56
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ____day of _____, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Sawtooth investments, LLP ("Owner") RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1275 S. Calle De Maria, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. On November 20, 2023 (the "Approval Date"), the City Council approved Resolution 25159 establishing the subject property as a historic resource which is listed on the City’s register of historic resources, sites, landmarks and districts.

D. The City and the Owner, desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1K - Page 57
2 AGREEMENT

NOW, THEREFORE, the City and the Owner, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on ___________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner shall comply with these minimum standards throughout the term of this Agreement. In addition, the Owner shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1K - Page 58
3 4.2 The Owner shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, the Owner shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner breaches any provision of this Agreement, the City Manager may give written notice to the Owner by registered or certified mail detailing the Owner's violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner to be in breach of this Agreement. Upon the City Manager’s declaration of the Item 1K - Page 59
4 Owner's, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner breached any of the conditions of the Agreement, the Owner allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City and the Owner hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, Item 1K - Page 60
5 shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City and the Owner hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City and the Owner,

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Sawtooth Investments, LLP
David Wright, Owner/Manager
25 Beaver Pond Road
Beverly, MA 01915

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs Item 1K - Page 61
6 incurred by each of them. The Owner's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

21. No Compensation. The Owner shall not receive any payment from the City in consideration of the obligations imposed under this
Agreement. The Owner and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Item 1K - Page 62
7 Property, and the primary consideration to the Owner is the economic advantage that will accrue to the Owner as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1K - Page 63
8 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Owner/Manager: David Wright
(Sawtooth Investments, LLP)

Item 1K - Page 64
9 Item 1K - Page 65

ACKNOWLEDGMENT
A notary p ublic or other officer completing this certific,Me verifies on ly the identity of the individual w ho signed the document to which this certificate is attached. and not the truthfulness. accuracy. or validity of that docum ent.

State of Galifomia
County ,of __________ _
On _______ before me. _ ___________________ _
(here insert name and title of the officer)
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.
1 certify under PENAL 1Y 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 ____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION

THE LAND REFERRED TO IS SITUATED IN THE COUNTY OF RIVERSIDE, CITY OF PALM SPRINGS, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 2, 3, 10 AND 11 OF DEEP WELL RANCH ESTATES NO. 10, IN THE CITY OF

PALMS SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 28, PAGE(S) 69, OF MAPS IN THE OFFICE OF THE COUNTY RECORDED OF SAID COUNTY.

ASSESSOR’S PARCEL NUMBER: 508-403-003-9
Item 1K - Page 66
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic characterdefining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1K - Page 67
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1K - Page 68
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Maintenance of exterior features including but not limited to: HVAC service and systems, chimney and similar masonry features and pest control.

2. Daily maintenance of designated landscape design: fountains/ ponds, pools, yard. (Landscape design was identified as a significant feature.)

3. Designated arborist to manage original planting material.

4. Exterior painting projects and upkeep of finishes of building materials.

5. Upgrade of exterior hardware related to locks, doors and windows.

6. Alarm system and permit.

Item 1K - Page 69
1 FREE RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT
This Historic Property Preservation Agreement ("Agreement") is made this ____day of ______, 2024 by and between the City of Palm Springs, a charter city and municipal corporation ("City") and Thomas F. Semper and Raymond S. Calabro ("Owner") and Sandcliff Garden Apartment Homes (“HOA”).

RECITALS:

A. California Government Code Sections 50280, et seq. (the “State Law”), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

B. The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1826 S. Barona Road, Palm Springs, California ("Historic Property"). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

C. The HOA and Owner share responsibility for routine maintenance and upkeep of the Historic Property’s building exteriors and grounds.

D. On February 3, 2016 (the "Approval Date"), the City Council approved Resolution 23963 establishing the subject property as a contributing structure in Sandcliff Garden Apartment Homes Condominium Historic District.

E. The City, the Owner, and the HOA desire to enter into this Agreement for the purpose of protecting and preserving the characteristics of historical significance of the Historic Property, in accordance with the State Law; to help preserve the Palm Springs community’s own unique civic identity and character; and to qualify the Historic Property for an assessment of valuation pursuant to Revenue and Taxation Code Section 439.2 and any corresponding adjustment in property taxes resulting therefrom.

Item 1K - Page 70
2 AGREEMENT

NOW, THEREFORE, the City, the Owner, and the HOA, in consideration of the mutual covenants and conditions set forth herein, agree as follows:

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on _________, 2024 ("Effective Date") and shall remain in effect for a minimum term of ten (10) years thereafter. Each year upon the anniversary of the Effective Date (“Renewal Date”), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2. Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ("Notice of Nonrenewal").

The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

3. Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement.

The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

4. Maintenance Standards for the Property. During the term of this Agreement, the Property shall be subject to the following conditions, requirements, and restrictions:

4.1 The Owner and the HOA shall preserve and maintain the characteristics of the cultural and historical significance of the Historic Property. Attached to this Agreement as Exhibit "B", is a list of the minimum standards and conditions for maintenance, use, protection, and preservation of the Historic Property, which shall apply to the Historic Property. The Owner and HOA shall comply with these minimum standards throughout the term of this Agreement. In addition, Owner and HOA shall comply with the terms of the City Code, and shall obtain any applicable permits necessary to protect, preserve, restore, and rehabilitate the Historic Property so as to maintain its historical and cultural significance.

Item 1K - Page 71
3 4.2 The Owner and the HOA shall, where necessary, repair, maintain, restore, and rehabilitate the Historic Property according to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, Secretary of the Interior’s Standards for the Treatment of Historic Properties, the State Historical Building Code, and the City of Palm Springs. The condition of the interior and exterior of the Historic Property on the effective date of this Agreement is documented in photographs attached as Exhibit "C” to this Agreement. At a minimum, Owner and HOA shall continually maintain the exterior of the Historic Property in the same condition as documented in Exhibit "C."

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as outlined in the attached Exhibit "D" to this Agreement. All such projects shall be undertaken and completed in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

4.4 The Owner and the HOA shall not be permitted to block the view corridor with any new structure, such as walls, fences, or shrubbery, so as to prevent the viewing of the Historic Property from the public right-of-way.

5. Interior and Exterior Inspections. Prior to the approval, execution, and recordation of this Agreement, and every five years thereafter, the City Manager of the City or the City Manager’s designee (the “City Manager”) shall inspect the interior and exterior of the premises to determine the Owner’s compliance with the terms and provisions of this Agreement.

6. Provision of Information of Compliance. The Owner and the HOA shall furnish the City Manager with any and all information requested by the City Manager, which the City Manager deems necessary or advisable to determine eligibility of the Historic Property and compliance with the terms and provisions of this Agreement.

7. Breach of Agreement; Remedies.

7.1 If the Owner or the HOA breaches any provision of this Agreement, the City Manager may give written notice to the Owner and/or HOA by registered or certified mail detailing the Owner's and/or HOA’s violations. If such violation is not corrected to the reasonable satisfaction of the City Manager within thirty (30) days after the date of notice of violation, or within such a reasonable time as may be required to cure the violation (provided the acts to cure the violation are commenced within thirty (30) days and thereafter diligently pursued to completion), the City Manager may, without further notice, declare The Owner and/or HOA to be in breach of this Agreement.

Upon the City Manager’s declaration of the
Item 1K - Page 72
4 Owner's and/or HOA’s breach, the City Manager may pursue any remedy available under local, state, or federal law, including those specifically provided for in this section.

7.2 The City Council may cancel this Agreement if the City Council determines, following a duly noticed public hearing in accordance with California Government Code section 50286, that the Owner or HOA breached any of the conditions of the Agreement, the Owner or HOA allowed the Historic Property to deteriorate to the point that it no longer meets the standards for a qualified historic property, or the Owner or HOA failed to maintain and preserve the Historic Property in accordance with the terms of this Agreement. If this Agreement is cancelled, under this paragraph, the Owner shall pay a cancellation fee to the Office of the Auditor for the County of Riverside as required by California Government Code Section 50286.

7.3 As an alternative to cancellation of this Agreement for the Owner's or HOA’s breach of any condition, the City Manager may bring an action in court necessary to enforce this Agreement including, but not limited to, an action to enforce this Agreement by specific performance, injunction, or receivership.

8. Destruction of Property; Eminent Domain; Cancellation. If the Historic Property is destroyed by earthquake, fire, flood, or other natural disaster such that in the opinion of the City Building Official more than sixty percent (60%) of the original fabric of the structure must be replaced, this Agreement shall be cancelled because the historic value of the structure will have been destroyed. If the Historic Property is acquired in whole or in part by eminent domain or other acquisition by any entity authorized to exercise the power of eminent domain, and the acquisition is determined by the City Council to frustrate the purpose of this Agreement, this Agreement shall be cancelled. No cancellation fee pursuant to Government Code section 50286 shall be imposed if the Agreement is cancelled pursuant to this Section.

9. Waiver. The City does not waive any claim of default by the Owner or HOA if the City or the City Manager does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to the City to pursue in the event that there is a reach of this Agreement. No waiver by the City or the City Manager of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder.

10. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and Item 1K - Page 73
5 HOA’s successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

11. Covenants Run with the Land. The City, the Owner, and the HOA hereby declare their understanding and intent that the burden of the covenants, reservations, and restrictions set forth in this agreement touch and concern the land in that it restricts development of the Historic Property. The City and the Owner hereby further declare their understanding and intent that the benefit of such covenants, reservations and restrictions touch and concern the land by enhancing and maintaining the cultural and historical characteristics and significance of the Historic Property for the benefit of the public, the City, the Owner, and the HOA.

12. Notice. Any notice required to be given by the terms of this Agreement shall be provided at the address of the respective parties as specified below or at any other address as may be later specified by the parties hereto:

City: City of Palm Springs
Office of the City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263

Owner: Thomas F. Semper and Raymond S. Calabro
1826 S. Barona Road
Palm Springs, CA 92264

HOA: Sandcliff Garden Apartment Homes HOA
Nick Keuilian, Property Manager
68950 Adelina Road
Cathedral City, CA 92234

13. Effect of Agreement. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

14. Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, Item 1K - Page 74
6 or any other person; (ii) the Owner's or HOA’s activities in connection with the Historic Property; and (iii) any restrictions on the use or
development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA’s obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

15. Binding Upon Successors. All of the agreements, rights, covenants, reservations and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns and all persons acquiring any part or portion of the Historic Property, whether by operation of law or in any manner whatsoever.

16. Legal Costs. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, conditions or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorneys' fees to be fixed by the court, in addition to court costs and other relief ordered by the court.

17. Severability. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby.

18. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Riverside. In the event the City fails to record this Agreement as provided in this Section, the Owner or agent of an owner shall record this Agreement with Riverside County within six (6) months of entering into the Agreement and shall file and submit a conformed copy of this Agreement with the City Clerk promptly after recordation.

19. Amendments. This Agreement may be amended, in whole or in part, only by written recorded instrument executed by the parties hereto.

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county.

Item 1K - Page 75
7 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement.

SIGNATURES ON FOLLOWING PAGE
Item 1K - Page 76
8 IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above.

CITY OF PALM SPRINGS,
a Charter City and Municipal Corporation

Dated:______________________ By:_______________________________ City Manager: Scott Stiles
City of Palm Springs

APPROVED AS TO FORM: ATTEST:

_____________________________ ____________________________ City Attorney: Jeff Ballinger City Clerk: Brenda Pree, MMC City of Palm Springs City of Palm Springs
Dated:_________________________ By:_______________________________ Owner: Thomas F. Semper

Dated:_________________________ By:_______________________________ Owner: Raymond S. Calabro
Dated:_________________________ By:_______________________________ Property Manager: Nick Keuilian
Sandcliff Garden Apartment Homes HOA
Item 1K - Page 77
9 Item 1K - Page 78

ACKNOWLEDGMENT
A notary public or other officer completing this certificMe , verifies only the identity of the individ ual w ho sig ned the document to which this certificate is attached . and not the truthfulness. accuracy. or validity of that document.

State of Galifomia
County of _________ _
On ______ before me. _ ___________________ _
(here insert name and title of the officer)
personally appeared _______________________ _
who proved to me on the basis of satisfactory evidence to be the persont.s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they exe1:ule<.J U1e ~111e i11 1,i~1e1/U1ei1 aulhu1i,:e<.J c<1p<1cily(ie~). <111<.J lhal l>y t1i~1e1/U1ei1 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 PENAL 1Y OF PERJURY under the laws of the State of Cal ifornia that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _____________ _
(Seal)
10 EXHIBIT A

LEGAL DESCRIPTION

REAL PROPERTY IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

LOT 38, TOGETHER WITH AN UNDIVIDED 1/40TH INTEREST IN AND TO COMMON LOT 42, AS SHOWN ON THAT CERTAIN MAP ATTACHED TO AN INSTRUMENT ENTITLED “FIRST REVISION OF DECLARATION OF PROTECTIVE RESTRICTIONS,

LIMITATIONS, CONDITIONS, COVENANTS, RESERVATIONS, LIENS AND CHARGES FOR GARDEN VILLAS, A RESIDENTIAL PROJECT”, RECORDED JULY 1, 1966 AS INSTRUMENT NO. 68359 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

EXCEPTING AN EASEMENT OVER THE EASTERLY 7.00 FEET OF SAID LOT 42,

REFERRED TO ABOVE FOR INGRESS, EGRESS, PUBLIC UTILITIES AND

INCIDENTIAL PURPOSES, TOGETHER WITH THE RIGHT TO CONVEY OR

DEDICATE SAME TO ANY PERSON, FIRM OR GOVERNMENTAL AGENCY, AS CONTAINED IN AN INSTRUMENT ENTITLED “INDENTURE OF EASEMENTS AND RIGHTS OF WAY” RECORDED NOVEMBER 27, 1964 IN BOOK 3862 PAGE 554 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA;

EXCEPTING THEREFROM ALL GAS, OIL AND MINERAL RIGHTS BELOW A DEPTH OF 50 FEET, AS WAS RESERVED BY JOHN G. MUNHOLLAND, ET AL. IN VARIOUS DEEDS OF RECORD.

PARCEL 2:

AN EASEMENT OVER THE WESTERLY 18.0 FEET OF LOT 41 OF TRACT NO. 3010, AS SHOWN BY MAP ON FILE IN BOOK 50 PAGES 76 AND 77 OF MAPS, RECORDS

OF RIVERSIDE, CALIFORNIA, FOR INGRESS, EGRESS, PUBLIC UTILITIES AND

INCIDENTAL PURPOSES, AS CONTAINED IN AN INSTRUMENT ENTITLED “INDENTURE OF EASEMENTS AND RIGHTS OF WAY”, RECORDED NOVEMBER 27, 1964 IN BOOK 3862 PAGE 554 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

ASSESSOR’S PARCEL NUMBER: 510-040-031
Item 1K - Page 79
11 EXHIBIT B

MAINTENANCE STANDARDS
(Section 4.1)

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement (“Agreement”) shall be maintained in good condition throughout the term of this agreement.

All nuisances as defined in Title 11 “Peace, Morals and Safety” of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee.

All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic characterdefining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).

Item 1K - Page 80
12 EXHIBIT C

EXISTING CONDITIONS
(Section 4.2)

(Aerial photo of the property and the tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
Item 1K - Page 81
13 EXHIBIT D

SPECIFIC PROJECTS
(Section 4.3)

1. Exterior: improvements to planting bed at perimeter of east patio: removal of nonnative plant species, removal of dead plants and debris, installation of new decorative gravel and native, drought tolerant desert plant species. To be Completed Fall 2024. Estimated Cost: $2000

2. Exterior: Removal and relocation of electrical conduit to the rooftop HVAC unit in south utility access. To be Completed Spring 2025. Estimated Cost: $250

3. Exterior: Removal of existing non-conforming overhead coiling storm shutter at west end of utility access. To be Completed Spring 2025. Estimated Cost: $1000

4. Exterior: Removal of existing non-conforming storage closet in courtyard outside of bedroom, and repair, patch and paint existing stucco exterior wall. To be Completed Spring 2025. Estimated Cost: $3800

5. Exterior: Installation of a new security gate to match other gates within Sandcliff Historic District. To be Completed Spring 2025, Estimated Cost: $1500 Item 1K - Page 82

CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND

THE PALM SPRINGS HISTORICAL SOCIETY FOR DISBURSEMENT
AND USE OF FUNDS TO OPERATE THE 1930’S GENERAL STORE
MUSEUM
FROM: Scott C. Stiles, City Manager
BY: Department of Finance and Treasury
SUMMARY:

The 1930’s General Store Museum was originally assumed by the City in 2003 with a gift of the contents and cash ($75,000) for the City to conduct store operations. This donation was received from Jim Ruddy and family. The General Store is housed in a City owned and maintained building located within the Village Green and was shut down during the COVID-19 pandemic and has never reopened. The Palm Springs Historical Society has agreed to open and operate the store.

RECOMMENDATION:

1. Approve Disbursement and Use of Funds Agreement (Attachment A) between the City of Palm Springs and the Palm Springs Historical Society to operate the 1930’s General Store Museum.

BACKGROUND:

The 1930’s General Store Museum was operable prior to the COVID-19 pandemic. The Store contained items that were typically sold in a general store in the 1930’s and was open Thursday-Sunday from 10:00 a.m. to 4:00 p.m. There was a $1 admission fee to tour the store and view the contents. Through the revenues generated and the donation of cash by the Ruddy family, there remains approximately $79,000 in a separate bank account maintained by the City.

The General Store is a 501(c)(3) nonprofit corporation which was administered by a contracted independent third party who performed all of administrative work for $200 per month. The City is currently working with the City Attorney’s office, Best Best & Krieger LLP (BBK, Law) to dissolve the nonprofit corporation and transfer the operations to the Item 1L - Page 1
City Council Staff Report
July 25, 2024-- Page 2
Disbursement and Use of Funds Agreement – Historical Society Palm Springs Historical Society. Also confirmed by BBK, the Historical Society is a 501 (c)(3) nonprofit public benefit corporation and operating the General Store would fall within the exempt purposes of the entity and they can receive funds that are restricted for a specific use. The agreement (Attachment A) restricts the funds to the operation of the General Store Museum.

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan 2A – Improve City Facilities, prioritize deferred maintenance. The General Store Museum resides in a City owned and maintained facility in the Village Green that has been closed since the COVID-19 pandemic.

FISCAL IMPACT:

The agreement would send approximately $79,000 to the Palm Springs Historical Society to help with re-opening the store and its operations.

REVIEWED BY:

Department Director: Kristopher J. Mooney
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Disbursement and Use of Funds Agreement – Historical Society Item 1L - Page 2

ATTACHMENT A
Item 1L - Page 3
55575.18140\42299744.2
1 AGREEMENT FOR DISBURSEMENT AND USE OF FUNDS

BETWEEN THE CITY OF PALM SPRINGS AND

PALM SPRINGS HISTORICAL SOCIETY
This Agreement for Disbursement and Use of Funds (“Agreement”) is entered into this ___ day of _____________, 20__, by and between the CITY OF PALM SPRINGS (“City”) and the PALM SPRINGS HISTORICAL SOCIETY, a non-profit public benefit corporation with its principal address at 221 S Palm Canyon Dr., Palm Springs, CA 92262, (“Recipient”). City and Recipient are sometimes referred to individually as Party and collectively as Parties.

RECITALS
A. The City previously received donated funds to facilitate the operation of the General Store Museum located at 193 S Palm Canyon Dr, Palm Springs, CA 92262 (“General Store Museum”), and some such funds remain in the City’s accounts. The City has ceased its own operations of the General Store Museum and desires to find another entity to operate the General Store Museum for the continued enrichment of City history, culture, and education.

B. Recipient desires to assume operational responsibility for the General Store Museum for the City. Recipient has submitted a request to City for disbursement of $ 79,000 (the “Funds”), comprising the amount of leftover donated funds in City’s possession for operation of the General Store Museum, to be used for continued General Store Museum operations as specified in Exhibit “A”, attached hereto and incorporated herein by reference (“Authorized Uses”).

C. City has considered Recipient’s request and desires to approve the disbursement of the Funds to Recipient, to be used only for Authorized Uses, subject to the terms and conditions set forth herein. City also desires to transfer all personal property located in the General Store Museum to Recipient for Recipient’s full operational control of the General Store Museum.

AGREEMENT

1. Disbursement and Use of Funds and Personal Property. Within 30 days of City’s receipt of an invoice from Recipient, City shall disburse the Funds to Recipient in a manner convenient to City. Additionally, all personal property located in the General Store Museum premises as of the date set forth above is hereby transferred and donated to Recipient. In exchange, Recipient shall operate the General Store Museum. Recipient shall use the Funds for Authorized Uses only, and shall not use the Funds for any other purpose.

2. Maintenance of Records. Recipient shall keep, preserve, and maintain, for a period of at least three years commencing on the date of City’s disbursement of Funds to Recipient, all documents and records of any kind relating to Recipient’s use of the Funds.

3. Right to Inspect and Audit; Return of Funds. The City may inspect and audit all of Recipient’s documents and records relating to the Recipient’s use of the Funds to ensure Item 1L - Page 4
55575.18140\42299744.2
2 compliance with this Agreement and to ensure Recipient uses the Funds for authorized purposes.

Recipient shall make such documents and records available to City, at the place and in the manner and form specified by City, within 15 days following City’s request for such documents and records. Recipient shall furthermore grant City’s employees or agents access to any land, facilities, or improvements relating to Recipient’s use of the Funds, within a reasonable amount of time after City issues written notice to Recipient requesting such access. If City finds that Recipient has used funds for unauthorized purposes in violation of the terms of this Agreement, City may issue written notice to Recipient demanding return of all Funds and Recipient shall return all Funds to City within three (3) business days of City’s written notice.

4. Prevailing Wage Laws. Recipient is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Recipient’s use of the Funds constitutes or involves an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Recipient agrees to fully comply with such Prevailing Wage Laws. Recipient shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Recipient, its consultants, and all subconsultants to comply with all applicable California Labor Code provisions, which may include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). If Recipient’s use of the Funds constitutes or involves an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Recipient, its consultants, and all subconsultants must be registered with the Department of Industrial Relations. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Recipient’s sole responsibility to comply with all applicable registration and labor compliance requirements.

5. Indemnification. To the fullest extent permitted by law, Recipient agrees to defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, fines, penalties, judgements, demands and defense costs, arising out of or in connection with this Agreement or Recipient’s use of the Funds, except if such loss or damage resulted from the sole gross negligence or willful misconduct of the City.

6. Authority to Enter Agreement. Recipient and City each respectively represent, covenant, and warrant that they are authorized to enter into and execute this Agreement and to bind each respective Party.

7. Entire Agreement. This Agreement contains the entire agreement between the Parties related to the matters specified herein, and supersedes any prior oral or written statements or agreements between the Parties related to such matters.

Item 1L - Page 5
55575.18140\42299744.2
3 8. Compliance with Laws and Funding Requirements. Recipient shall comply with any and all applicable laws and regulations before, during, and after using the Funds.

9. Incorporation of Recitals. The Recitals set forth preceding this Agreement are true and correct and are incorporated into this Agreement in their entirety by this reference. [signatures on the following page]
Item 1L - Page 6
55575.18140\42299744.2
4 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date set forth above.

PALM SPRINGS HISTORICAL SOCIETY
By:

Name:

Title:

CITY OF PALM SPRINGS
By:

Scott Stiles
City Manager
APPROVED BY CITY COUNCIL:

Date: _______ Item No._________
APPROVED AS TO FORM: ATTEST:

By: __________________________ By: _______________________________ Jeff Ballinger Brenda Pree, MMC, CERA
City Attorney City Clerk
Item 1L - Page 7
A-1

EXHIBIT A
Authorized Uses
(Attachment Behind This Page)
Item 1L - Page 8
A-2
Recipient may use the Funds contemplated by this Agreement only for the following:
• Direct operating costs of the General Store Museum, including utility costs, repair and maintenance costs, and reasonable staffing costs (if any).

Item 1L - Page 9

CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2100 ENTITLED, “AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS

MUNICIPAL CODE STRICTLY REGULATING CO-OWNED HOUSING

UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED
UPDATES TO THE CITY’S TIMESHARE DEFINITIONS, AND

DETERMINING SUCH ACTION TO EXEMPT FROM FURTHER

ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.”
FROM: Scott C. Stiles, City Manager
BY: Jeffrey Ballinger, City Attorney
SUMMARY:

On July 9, 2024, the City Council considered and introduced an ordinance to strictly regulate certain managed co-owned housing uses and directing the Planning Department and Planning Commission to study a proposed update to the City’s current definitions regarding “time-share” uses. At that time, the Council made modifications to the ordinance, in order to increase the amount of certain fines. This agenda item provides the City Council with the opportunity to conduct a second reading (adoption) of the ordinance, including those changes.

RECOMMENDATION:

Conduct a second reading by title only and adopt an Ordinance No. 2100 entitled:

AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY

REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE

DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Item 1M - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
Co-Owned Managed Housing Ordinance (Second Reading)
BACKGROUND:

On July 9, 2024, Ordinance No. 2100 was introduced for first reading, as noted below:

AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE PALM SPRINGS MUNICIPAL CODE STRICTLY

REGULATING CO-OWNED HOUSING UNITS, DIRECTING THE PLANNING AGENCY TO STUDY PROPOSED UPDATES TO THE CITY’S TIMESHARE

DEFINITIONS, AND DETERMINING SUCH ACTION TO EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

Vote:

AYES: Mayor Pro Tem deHarte; Councilmember Holstege; Councilmember Middleton
NOES: Mayor Bernstein; Councilmember Garner
ABSTAIN: None
STAFF ANALYSIS:

At the July 9, 2024 Council meeting, the Council considered and introduced an ordinance to strictly regulate certain managed co-owned housing uses and directing the Planning Department and Planning Commission to study a proposed update to the City’s current definitions regarding “time-share” uses. At that time, the Council made modifications to the ordinance, in order to increase the amount of certain fines. At the time of the first reading, the Council also incorporated the following modifications to the ordinance:
• Removed the grandparenting provision from Section 5.92.060 • Directed that fines for violations relating to noise, nuisance, parking, trash, occupancy limits, or the prohibition of weddings or commercial events be increased, as follows:
o First violation – increased from $500 to $2,500
o Second violation – increased from $1,000 to $5,000
o Subsequent violations – maintained at $10,000 for third and subsequent violations
• Directed the City Attorney to bring back an analysis/recommendations as to what happens after an operator’s permit is revoked.

At the July 9, 2024 meeting, the City Council engaged in a discussion about differences and similarities with the penalty provisions of the proposed ordinance and the City’s Vacation Rental ordinance. Under the City’s Vacation Rental ordinance:
• Violations generally are subject to fines of $500 for the first violation and $1,000 Item 1M - Page 2
City Council Staff Report
July 25, 2024 -- Page 3
Co-Owned Managed Housing Ordinance (Second Reading)
for each subsequent violations. The City Manager can then suspend the vacation rental certificate for two (2) years for the third violation in any 12-month period. • Violations of renting without a VR permit are subject to a $5,000 fine for the first violation along with a permanent ineligibility to conduct short term rentals in the City. Subsequent violations or renting without a VR permit are subject to $10,000 fines.
• The following violations are subject to a $2,500 fine (and six-month suspension) for the first violation, and a $5,000 fine (combined with a revocation of the VR permit):
o Advertising without including the VR certificate;
o Operates a Vacation Rental without a contract;
o Operates a Vacation Rental without providing a contract summary to the City;
o Operates a Vacation Rental without paying TOT;
• Failure to comply with an order of any police officer can result in a revocation of the VR permit.

Under the proposed Co-Owned Managed Housing ordinance, there would be graduated fines for various violations. In addition, the ordinance provides the City with the authority to revoke a Co-Owned Managed Housing permit upon the issuance of a third administrative penalty. As mentioned during the July 9 Council meeting, if a permit is revoked, then then the continued use of the home by multiple owners in single-family zones would be illegal.

Just as the City does with properties that have had their Vacation Rental permits revoked, the City would have the ability to both fine operators of a Co-Owned Managed Housing unit, as well as seek a court order barring them from using the home for occupancy by multiple owners. The owners could, if they wanted, continue owning their property interests. But they would not be able to occupy the property. They would, like owners of Vacation Rental properties whose permits have been revoked, then decide whether they wish to continue owning that property interest when they cannot use the property for the purpose they bought it for.

As such, the City Attorney believes that the proposed ordinance contains adequate remedies in order to ensure the secondary impacts of the Co-Owned Managed housing units to not create a nuisance to their neighborhoods.

This item provides the opportunity for the City Council to waive further reading and adopt the ordinance. If adopted, the ordinance would be effective on the thirtieth day from and after its final passage.

ENVIRONMENTAL ASSESSMENT:

This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Item 1M - Page 3
City Council Staff Report
July 25, 2024 -- Page 4
Co-Owned Managed Housing Ordinance (Second Reading)
Guidelines, because this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as that term is defined in Section 15378 of the State Guidelines. In addition, this Ordinance consists of regulations intended to ensure that co-managed owned property use of residential property, with the strict regulations implemented by the subject ordinance, remains consistent with other residential uses of property within the City and thereby preserves the residential character of the City’s residential neighborhoods as identified in the City’s adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact for the adoption of this Ordinance, the Environmental Impact Report for the adopted General Plan is the controlling environmental document.

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s goal of focusing on items that impact quality of life, by ensuring that residential properties that are co-owned by multiple owners do not become a nuisance to neighbors or unduly impact affordability of homes within the City.

FISCAL IMPACT:

Any regulatory approach would be accompanied by a regulatory fee that would be collected by the City in order to appropriately offset the costs of administering the regulatory program.

REVIEWED BY:

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

A. Ordinance No. 2100
Item 1M - Page 4

ATTACHMENT A
Item 1M - Page 5
55575.18000\42422578.1
ORDINANCE NO. 2100

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING A NEW CHAPTER 5.92 TO THE

PALM SPRINGS MUNICIPAL CODE STRICTLY

REGULATING CO-OWNED HOUSING UNITS, DIRECTING

THE PLANNING AGENCY TO STUDY PROPOSED
UPDATES TO THE CITY’S TIMESHARE DEFINITIONS,

AND DETERMINING SUCH ACTION TO EXEMPT FROM

FURTHER ENVIRONMENTAL REVIEW PURSUANT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
City Attorney’s Summary
This ordinance adopts a new Municipal Code Chapter to
strictly regulate certain managed co-owned housing uses, and directs the Planning Department and Planning Commission to study a proposed update to the City’s current definitions regarding “time-share” uses.

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

SECTION 1. Regulation of Co-Owned Managed Housing. A new Chapter 5.92 (Co-Owned Managed Housing) is hereby added to the Palm Springs Municipal Code to read as set forth in Exhibit “A”, attached hereto and incorporated by reference herein.

SECTION 2. Study of Updated “Timeshare” Definitions. The City’s Planning Department and Planning Commission are directed to conduct a study of updating the City’s current timeshare definitions contained in City ordinances, include a potential update based on the definitions set forth in Exhibit “B”, attached hereto and incorporated by reference herein.

SECTION 3. CEQA. The City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as that term is defined in Section 15378 of the State Guidelines. In addition, the City Council also determines that this Ordinance consists of regulations intended to ensure that co-managed owned property use of residential property, with the strict regulations implemented by the subject ordinance, remains consistent with other residential uses of property within the City and thereby preserves the residential character of the City’s residential neighborhoods as identified in the City’s adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact for the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.

Item 1M - Page 6
55575.18000\42422578.1
Ordinance No. 2100

SECTION 3. Severability. The provisions of this Ordinance are severable. If any portion, section, subsection, paragraph, clause, sentence, phrase, work, or application of this Ordinance is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each and every portion, section, subsection, paragraph, clause, sentence, phrase, word and application not declared invalid or unconstitutional without regard to whether any portion of this ordinance or application thereof would be subsequently declared invalid.

SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after its passage.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF _____________________, 2024.

JEFFREY BERNSTEIN
MAYOR
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1M - Page 7
55575.18000\42422578.1
Ordinance No. 2100

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held 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 1M - Page 8
55575.18000\42422578.1
Ordinance No. 2100

EXHIBIT “A”
“Chapter 5.92 CO-OWNED MANAGED HOUSING

5.92.010 Definitions

5.92.020 Co-owned Housing Unit Permit Required

5.92.030 Operational Standards

5.92.040 Administrative Regulations

5.92.050 Violations

5.92.060 Application to Pre-existing Co-owned Housing
Units

5.92.010 Definitions
“Guests” means any guests of an owner of a Co-owned Housing Unit who have not provided compensation to an owner for dwelling, lodging, and sleeping purposes and are present in the Co-owned Housing unit while an owner is on-site and in the home.
“Co-owned Housing Unit” means a residential dwelling unit, managed by a Coowned Property Manager, and utilized for occupancy for dwelling, lodging, or sleeping purposes by up to ten owners or ten members of a Limited Liability Company that owns the dwelling unit, along with guests. The term “Co-owned Housing Unit “is not a time-share project, as defined in Palm Springs Municipal Code section 93.23.11(A), and usage of a Co-owned Housing Unit is not a timeshare use. Notwithstanding the foregoing sentence, if the property is not managed by a Co-owned Property Manager or is being managed without a Co-owned Housing Unity Permit, and the use of a property otherwise meets the definition of a “timeshare” pursuant to Section 93.23.11(A), the use of that property shall be deemed a “timeshare” use, subject to the regulation and prohibition of such by the City of Palm Springs.
“Co-owned Property Manager” means a person, corporation, trust, or entity that manages a Co-owned Housing Unit, including providing cleaning services and maintenance of the co-owned housing unit, on behalf of the owners of the CoOwned Housing Unit. The term Co-owned Property Manager does not include software used by the owners of a Co-owned Housing Unit to self-manage the coowned housing unit. “Co-owned Housing Unit Permit” means a permit granted to a Co-owned Property Manager for each Co-owned Housing Unit under management. “Co-owned Housing Unit Citywide Cap" means the maximum number of Co-owned Housing Units within the City, as such cap may be established and amended from time to time by City Council. The Co-owned Housing Unit Citywide Cap is hereby set at thirty (30) Co-owned Housing Units for the period starting on the effective Item 1M - Page 9
55575.18000\42422578.1
Ordinance No. 2100

date of this ordinance and ending three years after the effective date of this ordinance. The City shall study the impact of Co-owned Housing Units in the City Council and may adjust the Co-owned Housing Unit Citywide Cap by ordinance or resolution.
“Co-owned Housing Unit Neighborhood Cap” means the maximum number of Coowned Housing Units allowed by the City Council in each Neighborhood. The Coowned Housing Unit Neighborhood Cap is hereby set at two (2) per neighborhood.

The City shall study the impact of Co-owned Housing Units in the City Council and may adjust the Co-owned Housing Unit Citywide Cap by ordinance or resolution. “Good Neighbor Policy” is a policy that governs the operation of a Co-owned Housing Unit that summarizes general rules of conduct, occupancy limits, consideration, and respect, including, without limitation, provisions of the 5.25.030 Municipal Code applicable to, or expected of, owners and guests. “Director” means the City of Palm Springs Director of Special Programs, or his or her designee.
“Local contact person” means a property management company, real estate broker, or agent, lawyer, or other individual that resides within 25 miles of the Coowned Housing Unit. The local contact person must be: (1) available by telephone, or otherwise, twenty-four (24) hours per day; (2) able to respond to telephone inquiries within one (1) hour of the receipt of inquiry; (3) authorized by the owner to take remedial action when responding to any violation of this code or the Good Neighbor Policy; and (4) designated as the owner’s agent for receiving all official communications from the City.
“Neighborhood” means a City-recognized neighborhood, as set forth in Palm Springs Municipal Code Chapter 2.55 (Office of Neighborhoods). For those areas within the City that are not located within a City-recognized Neighborhood, the City Council may, by ordinance or resolution, determine that, for purposes of this Chapter only, such area is contained in a particular City-recognized Neighborhood, or the City Council may recognize, for purposes of this Chapter only, a new Neighborhood.
“Operating Agreement” an Agreement that determines how the Co-owned Housing Unit is used, how to divide shares, and how the costs are shared. “Owner” means the Limited Liability Company, natural person or persons who is/are the owner of record of the Co-owned Housing Unit. The term “Owner” also includes members of the property specific Limited Liability Company, Tenancy in Common, or Real Estate Trust.

5.92.020 Co-owned Housing Unit Permit Required
(a) The occupancy of a Co-owned Housing Unit without a Co-owned Housing Unit Permit is prohibited.

Item 1M - Page 10
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55575.18000\42422578.1
Ordinance No. 2100

(b) Prior to the dwelling’s occupancy as a Co-owned Housing Unit, and annually thereafter, a Co-owned Property Manager shall obtain a permit for each Coowned Housing Unit in the City. (c) The City shall not issue a new Co-owned Housing Unit Permit for a property unless the property has a recorded purchase price greater than two (2) times of the then median housing price, measured at the date that the application for the Co-owned Housing Unit is deemed complete.
(d) The City shall not issue a new Co-owned Housing Unit Permit for a property in any Neighborhood in which the VR Neighborhood Percentage Cap, as outlined in Palm Springs Municipal Code Chapter 5.25 has been exceeded. (e) Prior to, and as a condition precedent to, the City’s issuance of a Co-owned Housing Unit Permit, a Co-owned Property Manager shall submit an affidavit, signed under penalty of perjury, declaring that all owners of the Co-owned Housing Unit have adopted a Good Neighbor Policy, which shall be binding on the Owner(s) of the Co-owned Housing Unit for so long as the property is used as a Co-Owned Housing Unit, and which must contain the following requirements:
(1) Noise: Occupants of the Co-owned Housing Unit shall comply with all provisions of the City’s Noise Ordinance, Palm Springs Municipal Code Chapter 11.74.
(2) Parking: Occupants of the Co-owned Housing Unit shall comply with all provisions of the City’s parking regulations applicable to residential units. In addition, all owners and guests of Co-owned Housing Units shall park their vehicles on the property of the Coowned Housing Unit whenever sufficient parking space is available at the property.
(3) Trash: Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the authorized collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The Owner of the Coowned unit shall use reasonably prudent property ownership/management practices to ensure compliance with all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and Diversion), and shall provide “walk-in service”. (4) Occupancy Limits: The maximum number of occupants shall be no more than two (2) persons per bedroom within the Co-owned Housing Unit, plus any minor children (defined for purposes of this Chapter as age 12 or under).

Item 1M - Page 11
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55575.18000\42422578.1
Ordinance No. 2100

(5) Home Repairs & Maintenance: Property repairs and maintenance (external and internal), garden and yard maintenance, and pool cleaning and maintenance shall be prohibited between the hours of 5:00 pm on Friday through 8:00 am on Monday, except in the case of an emergency or the occurrence of an unexpected event that reasonably warrants a more timely or immediate response. (6) Legal Compliance: All Owners must comply with the provisions of this Chapter 5.92 of the Palm Springs Municipal Code
(f) A Co-owned Property Manager applying for a Co-owned Housing Unit Permit must provide evidence of a valid business license issued by the City for the separate business of operating Co-owned Housing Units or submission of a certificate indicating that the Owner is exempt or otherwise not covered by the City's Business Tax Ordinance (Palm Springs Municipal Code, Title 3, Division II) for such activity. The Co-owned Property Manager shall maintain such license in good standing, including timely payment of the applicable business license tax, for so long as the Co-owned Property Manager provides management services within the City.
(g) The City shall not issue a Co-owned Housing Unit Permit for a property that is within 500 feet of the outer property line of any other Co-owned Housing Unit. (h) The City shall not issue any new Co-owned Housing Unit Permit for any property that previously had a Vacation Rental permit revoked in the 24-month period prior to the acquisition of that property by the Owner. (i) The City shall not issue a Co-owned Housing Unit Permit for a property unless the owner obtains the following insurance coverage: (i) a policy of fire and casualty insurance covering the property and personal property in the Coowned Housing Unit in an amount equal to the full replacement value of the property and the estimated value of the personal property in the Co-owned Housing Unit; and (ii) a policy of general liability insurance that include liabilities arising from usage of the Co-owned housing Unit by all owners and guests, with limits of liability not less than $2,000,000. The owner shall maintain such policy for so long as the property is used as a Co-owned Housing Unit.
(j) The Co-owned Housing Unit Permit shall be subject to renewal annually pursuant to procedures provided by the Director. Unless so renewed, the Coowned Housing Unit Permit shall expire one (1) year following the date of its last issuance.
(k) The Director shall process applications for Co-owned Housing Unit permits in the order in which complete applications therefore are received by the Special Programs department.

Item 1M - Page 12
55575.18000\42422578.1
Ordinance No. 2100

(k) Fees for a Co-owned Housing Unit Permit will be established by resolution of the City Council and shall not exceed $5,000.
(l) A Co-Owned Property Manager shall at all times comply with the following minimum requirements and management regulations:
(1) A Co-Owned Property Manager must identify a local contact person.

The name, physical address, email address, and telephone number associated with any Co-Owned Property Manager and local contact person shall be provided to the City in writing, and written notice of any change to the foregoing shall be provided to the City within three (3) calendar days following any change.
(2) All Co-Owned Property Managers and each individual owner shall be required to sign a sworn affidavit agreeing and acknowledging that shortterm rentals are prohibited in the Co-owned Housing Unit. (3) A Co-Owned Property Manger must ensure that each Co-owned Housing Unit managed by the Manager is governed by an Operating Agreement.
(4) A Co-Owned Property Manager must provide the Director, at the written request of the Director, with a copy of the Operating Agreement. Such copy shall be provided to the Director within three (3) calendar days following the Director’s written request.
(4) Within three (3) calendar days after a request by the Director, the Coowned Property Manager must provide the name and contact information of any Owner that was residing at the Co-owned Housing Unit during a time period when the Director alleges a violation of this Chapter has occurred.
(5) A Co-Owned Property Manager must provide or contract for the provision of yard maintenance services, including landscaping, weed control, and irrigation to a level that is consistent with the level of landscaping and maintenance on adjoining and nearby properties. (6) A Co-Owned Property Manager must provide or contract for the provision of structural maintenance of any buildings on the property. (7) A Co-Owned Property Manager must provide or contract for the provision of routine upkeep, including painting and repair, to a level that is consistent with the level of maintenance on adjoining or nearby properties.
(8) A Co-Owned Property Manager must require the Co-Owners and guests of any Co-owned Housing Unit adopt and adhere to the Good Neighbor Policy described in section 5.92.020(e).
(9) Within three (3) calendar days after a written request by the Director, the Co-owned Property Manager must provide documentation
Item 1M - Page 13
55575.18000\42422578.1
Ordinance No. 2100

demonstrating that the Co-owned Property Manager has complied with the requirements of this subsection.

5.92.030 Operational Standards
(l) No Co-owned Housing Unit shall be used as Vacation Rental or for Homesharing.
(m) No weddings or commercial events shall be conducted at a Co-owned Housing Unit.
(n) Any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within a fully enclosed Co-owned Housing Unit and shall not be audible at the property line of the Co-owned Housing Unit. (o) No Co-owned Housing Unit shall be used by any guest(s) without a co-owner present.

5.92.040 Administrative Regulations
The City Manager shall have the authority to establish administrative rules and regulations, which may include, but are not limited to, registration conditions, property valuation determinations, reporting requirements, inspection frequencies, enforcement procedures, disclosure requirements, or insurance requirements, consistent with the provisions of this Chapter, for the purpose of implementing, interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter. No person shall fail to comply with any such regulation. A copy of such administrative rules and regulations shall be maintained on file in the Office of the City Clerk.

5.92.050 Violations
(a) Any person who violates a provision of this Chapter is subject to criminal sanctions and administrative penalties pursuant to Chapter 1.06 of this Code and the specific penalties as provided in this Chapter. Any person who uses, or allows, or causes, the use of property in violation of the provisions in this Chapter is guilty of a misdemeanor for each day in which such property is used, caused to be used, or allowed to be used, in violation of this Chapter.

Except as specifically set forth differently below, an administrative citation issued pursuant to Chapter 1.06 for a first violation shall be five hundred dollars ($500.00) and each subsequent violation shall be one thousand ($1,000.00) dollars. Each administrative citation for a violation of any provision of this Chapter may be levied or assessed against the Co-Owner(s), the Co-Owned Property Manager, or guest, or all of them, depending on who is responsible for committing, causing, or permitting such violation to occur. Upon the issuance of a third administrative citation for any violation of this Chapter, the City Manager may suspend or revoke the Co-owned Managed Housing Permit.

Item 1M - Page 14
55575.18000\42422578.1
Ordinance No. 2100

(b) Any Co-owned Property Manager who manages a Co-owned Housing Unit without obtaining a Co-owned Property Management Permit is subject to criminal sanctions and administrative penalties pursuant to Chapter 1.06 of this Code. An administrative citation issued pursuant to Chapter 1.06 for a first violation shall be five thousand dollars ($5,000.00) and each subsequent violation shall be one thousand ($10,000.00) dollars.
(c) Any Co-owned Property Manager or any other person that uses, causes to be used, or allows to be used, a Co-owned Housing Unit as a Vacation Rental or for Homesharing is subject to criminal sanctions and administrative penalties pursuant to Chapter 1.06 of this Code. An administrative citation issued pursuant to Chapter 1.06 for a first violation of this subsection (c) shall be five thousand dollars ($5,000.00) and each subsequent violation shall be ten thousand ($10,000.00) dollars.
(d) Any owner of a Co-owned Housing Unit who violates, causes to violate, or allows a violation, of any ordinance related to noise, nuisance, parking, trash, occupancy limits, or the prohibition of weddings or commercial events, shall be punishable by administrative fines and/or remedies as specified in the provisions of the Municipal Code. An administrative citation issued pursuant to Chapter 1.06 for a first violation under this subdivision (d) shall be two thousand five hundred dollars ($2,500.00), five thousand ($51,000) for a second violation in any 12-month period, and $10,000 for a third, and any subsequent violation in any 12-month period.
(e) Any person who fails to pay any fine, fee or charge provided in this Chapter within the time required, shall pay a penalty in the amounts established by the City Council by resolution. Such penalty may also include interest, at the rate of 10% per annum, from the date on which the fine, fee or charge became due and payable to the City until the date of payment.
(f) The filing of knowingly false claims against a Co-owned Property Manager and/or Co-owned Housing Unit is prohibited. An administrative citation issued pursuant to Chapter 1.06 for a first violation of this subsection (f) shall be five thousand dollars ($5,000.00) and each subsequent violation shall be ten thousand ($10,000.00) dollars.
(g) Notwithstanding any provision contained in chapter 1.06 to the contrary, no pre-citation or courtesy notice shall be required prior to the issuance of any citation or administrative penalty pursuant to this Chapter.

5.92.060 Application to Pre-existing Co-owned Housing Units Any Co-owned Housing Unit in which in which an interest was sold prior to March 10, 2022 shall be subject to the regulatory provisions of this ordinance, but shall not count toward the Co-owned Housing Unit Citywide Cap, the Co-owned Housing Unit Neighborhood Cap, or the prohibition on the issuance of a permit in Item 1M - Page 15
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55575.18000\42422578.1
Ordinance No. 2100

a Neighborhood in which the VR Neighborhood Percentage Cap, as outlined in Palm Springs Municipal Code Chapter 5.25 has been exceeded.” Item 1M - Page 16
55575.18000\42422578.1
Ordinance No. 2100

EXHIBIT “B”

PROPOSED UPDATE TO TIMESHARE DEFINITIONS
Section 93.23.11(A) of the Palm Springs Municipal (Zoning) Code is hereby amended to read as follows:
“93.23.11 Use or Occupancy of Land on a “Time-Share” Basis.

A. Definitions.

For the purposes of this section, the following terms shall have the following meanings:
“Time-share interest” means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof. “Time-share plan” means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.
“Time-share project” means a property consisting of one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations. “Time-share use” means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.” Item 1M - Page 17

CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVAL OF AMENDMENT NO. 10 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CNS ENGINEERS, INC., A CALIFORNIA CORPORATION (A6190), IN THE AMOUNT OF $326,678.67 FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR. TO LANDAU
BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE WIDENING,
CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO. BHLS-5282 (040)
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

The requested action will approve Amendment No. 10 to a Professional Services Agreement (PSA) No. 6190 with CNS Engineers, Inc. (CNS), in the amount of $326,678.67 to update the project plans, technical special specifications, quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards. Modification of the roadway design is necessary to accommodate a new signalized pedestrian crossing across Ramon Road and refining the traffic control plans to improve access to adjacent businesses. The following services are needed: update of the roadway 100% PS&E, update Whitewater River Channel Topographic Surveys, update Storm Water Pollution Prevention Plan, (SWPPP), prepare a Habitat Mitigation and monitor Plan (annual reporting), and extend Temporary Construction Easement (TCE’s) with thirteen (13) property owners for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040), (the “Project”).

RECOMMENDATION:

1. Approve Amendment No. 10 in the amount of $326,678.67 to PSA No. 6190, for a new not to exceed amount of $3,767,433.13 with CNS Engineers for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040), (the “Project”); and

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

Item 1N - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
Approve CNS Amendment No. 10 for CP 08-25 Ramon Bridge
BUSINESS PRINCIPAL DISCLOSURE:

A copy of the CNS Public Integrity Disclosure Form is included as Attachment A.

BACKGROUND:

On January 30, 2008, the City of Palm Springs, the City of Cathedral City, and the Agua Caliente Band of Cahuilla Indians submitted a letter to CVAG requesting funding for a Project Study Report (PSR) to identify the project details and overall scope for the widening of Ramon Road to its full 6-lane width, extending from San Luis Rey Drive to Landau Boulevard, including widening of the existing bridge over the Whitewater River.

This capital improvement project has been called the Ramon Road Widening (from San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, (the “Project”). A location map is provided in Figure 1 for reference.

Figure 1 – Location Map
On May 9, 2009, following approval of CVAG funding, City Council awarded a Professional Services Agreement to CNS Engineers to prepare a Project Study Report (“PSR”) to identify the project details and overall scope for the Project. CNS subsequently completed the Project Study Report resulting in a funding package requesting over $25 million in federal Highway Bridge Program (“HBP”) funds for widening the Ramon Road Bridge and adjacent bridge approaches. The existing Ramon Road Bridge is eligible for funding under the HBP, which is administered by the State of California Department of Transportation (“Caltrans”). The HBP federal funds cover 88.53% of eligible project costs, requiring an 11.47% local match.

Item 1N - Page 2
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City Council Staff Report
July 25, 2024 -- Page 3
Approve CNS Amendment No. 10 for CP 08-25 Ramon Bridge
On April 28, 2010, Caltrans representatives advised the City that the funding request was approved, and that the Project would be programmed as part of the HBP in 2011. The budget with Caltrans has been revised over time as additional scope and costs have been identified. The latest total project costs are identified in Table 1 on the following page.

Table 1
Phase
HBP
Federal
Funding
CVAG
Regional
Measure A
Palm Springs
Local
Measure A
Cathedral
City
Fair Share
Totals
Preliminary
Engineering $2,815,254 $787,397 $131,233 $131,233 $3,865,117 Right of Way $1,605,934 $1,471,363 $127,819 $362,635 $3,567,751 Construction $28,152,540 $6,677,226 $918,942 $1,306,800 $37,055,508 Totals $32,573,728 $8,935,986 $1,177,994 $1,800,668 $44,488,376 Pursuant to a previous funding agreement with CVAG and Cathedral City, the local funding amounts were funded by CVAG with 75% Regional Measure A funds with the remaining 25% appropriately split between Palm Springs and Cathedral City. This reduces the City’s responsibility of the $44.5 million total project cost to approximately $1.2 million, to be funded with Local Measure A funds. The last three (3) CNS amendments are listed below:
• On November 28, 2018, the City Council approved Amendment No. 7 to authorize extra work to complete the design of utilities and right-of-way services in the amount of $170,360.48 for an increased total contract amount of $3,402,592.23. • On November 23, 2020, Staff processed a no-cost Amendment No. 8, authorizing the readjustment of budgets for certain tasks with reduced scope and reallocating budget for a required biological assessment.
• On October 17, 2022, the City Council approved Amendment No. 9 to authorize extra work to renew the Army Corps and Water Quality permit, survey, and utility extra work, and update hydraulic analysis within the Whitewater River impacted by recent flooding events to Ramon Road Widening in the amount of $38,162.23 for an increased total contract amount of $3,440,754.46.

STAFF ANALYSIS:

On July 2, 2024, CNS provided a proposal to update the project plans, technical special specifications, quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards. Modification of the roadway design to accommodate a new signalized pedestrian crossing across Ramon Road will be done and the consultant will be refining the traffic control plans to improve access to adjacent businesses. The following services are needed: update of the roadway 100% PS&E, update Whitewater River Channel Item 1N - Page 3
City Council Staff Report
July 25, 2024 -- Page 4
Approve CNS Amendment No. 10 for CP 08-25 Ramon Bridge
Topographic Surveys, update Storm Water Pollution Prevention Plan, (SWPPP), prepare a Habitat Mitigation and monitor Plan (annual reporting), and extend Temporary Construction Easement (TCE’s) with thirteen (13) property owners for the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) CNS Engineers has prepared a proposal for the additional work and their proposal is included in, and will be made part of, the amended agreement.

Staff recommends the approval of Amendment No. 10 in the amount of $326,678.67 to Agreement No. 6190 with CNS Engineers, included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act (“CEQA”). In accordance with the CEQA Guidelines, the City acting as “Lead Agency” pursuant to CEQA, previously completed an environmental analysis of the potential impacts resulting from construction of the Project. On May 7, 2014, the City Council adopted Resolution No. 23544, adopting and ordering the filing of a Mitigated Negative Declaration for the Project. Subsequently, on May 14, 2014, Staff filed a Notice of Determination with the Riverside County Clerk and State Clearinghouse.

The Project is funded, in part, by federal funds, requiring local oversight by Caltrans. As a federally funded project, the Project is subject to environmental review pursuant to the National Environmental Policy Act (“NEPA”). On June 9, 2014, Caltrans, acting as the lead agency pursuant to NEPA, made an environmental determination that the Project does not individually or cumulatively have a significant impact on the environment as defined by NEPA and is excluded from the requirements to prepare an Environmental Assessment (“EA”) or Environmental Impact Statement (“EIS”), and that it qualifies for a Categorical Exclusion in accordance with 23 USC 327. Subsequently, on January 21, 2016, Caltrans completed a NEPA re-validation of the Project, confirming that the prior NEPA determination for the Project remains valid, and approved the City to proceed with the right-of-way acquisition phase.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority No.2 “Community Infrastructure”, specifically Priority 2B, 5-Year Capital Improvement Plan, identify high priority facilities.

FISCAL IMPACT:

The Project is funded through Federal and Local sources, with 88.53% from the federal Highway Bridge Program (HBP) for eligible bridge costs, and 11.47% from local match plus costs outside of the bridge eligibility area, which is expected to come from Coachella Valley Association of Governments (CVAG) Regional Measure "A". The CVAG funds will cover 75% of the local match requirements, with the City of Palm Springs and Cathedral City covering the remaining 25% using Local Measure “A” funds.

Item 1N - Page 4
City Council Staff Report
July 25, 2024 -- Page 5
Approve CNS Amendment No. 10 for CP 08-25 Ramon Bridge
Sufficient funding is available to approve Amendment No. 10 to the PSA with CNS in the amount of $326,678.67 from the following accounts:
• Capital Project Fund (261); $201,046.76 (88.53% - State and Fed share) • Regional Measure A Fund (134); $94,223.93 (75% of 11.47% - CVAG share) • Local Measure A Fund (134); $15,703.99 (1/2 of 25% of 11.47% - City share) • Capital Project Fund (261); $15,703.99 (1/2 of 25% of 11.47% - Cathedral City share) REVIEWED BY:

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

A. Public Integrity Disclosure Form
B. Amendment No. 10
Item 1N - Page 5
Attachment A
Item 1N - Page 6
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 0ϵϭϯ 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
_________________________________________________ F Officer F Director F Member F Manager [name]
F General Partner F Limited Partner
F Other ____________________________________
CNS Engineers, Inc.
11870 Pierce Street, Suite 265, Riverside, CA 92505
California
X
Jong-Jiann (James) Lu XX
Hui-Min (Lily) Huang XX
Item 1N - Page 7
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Jong-Jiann (James) Lu, President
1-9-2019
Item 1N - Page 8
Attachment B
Item 1N - Page 9

Revised: 2.9.22
AMENDMENT NO. 10 TO CONTRACT SERVICES AGREEMENT NO.
6190 FOR THE RAMON ROAD WIDENING (FROM SAN LUIS REY DR.

TO LANDAU BLVD.) INCLUDING THE WHITEWATER RIVER BRIDGE
WIDENING, CITY PROJECT NO. 08-25, FEDERAL-AID PROJECT NO.

BHLS-5282 (040)

1. Parties and Date.

This Amendment No. 10 to the Contract Services Agreement No. A6190 is made and entered into as of this 25th day of July 2024, by and between the City of Palm Springs (“City”) and CNS Engineers, a California Corporation, (herein “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.0 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement No. A6190” dated January 31, 2012 “Agreement” for the purpose of retaining the services of Consultant to provide professional engineering and consulting services related to the Ramon Road Widening (San Luis Rey Dr. to Landau Blvd.) including the Whitewater River Bridge Widening, City Project No. 08-25, Federal-Aid Project No. BHLS-5282 (040), (the “Project”);

2.1 Amendment No. 1. On March 18, 2013, the City and Consultant amended the Agreement to adjust contract task costs by shifting portion of the budget for the task of VA study for the additional consultant services. Purchase Order 12-0716 by zero dollars ($.00) for a contract amount of $1,159,990.31.

2.2 Amendment No. 2. On September 23, 2013, The City and Consultant amended the Agreement to adjust schedule of compensation exhibit C for consultant services. Purchase Order 12-0716 by zero dollars ($.00) for a contract amount of $1,159,990.31.

2.3 Amendment No. 3. On June 25, 2015, The City and Consultant amended the Agreement to provide professional services to complete the Project Approval/Environmental Document (“PA/ED”) phase and the Plans, Specifications and Estimates (PS&E) phase additional services increasing Purchase Order 12-0716 by ($1,502,353.05) for a new maximum contract amount is amended to ($2,662,343.36).

2.4 Amendment No. 4. On October 17, 2016, The City and Consultant amended the Agreement to provide professional services to add additional right of way services; coordination for right of entry, tribal cultural monitoring during drilling; oversight services for emergency bridge repairs.

Additional services increasing Purchase Order 12-0716 by ($367,911.49) for a new maximum contract amount is amended to ($3,030,254.85).

2.5 Amendment No. 5. On July 24, 2017, The City and Consultant amended the Agreement to conduct a water percolation test: modify the design plans, additional coordination with stakeholders, and updating plans to the most current standards. Additional services increasing Purchase Order 12-0716 by ($84,616.73) for a new maximum contract amount is amended to ($3,114,871.58).

2.6 Amendment No. 6. On July 1, 2018, the City and Consultant amended the Agreement to conduct additional utility coordination; modify the design plans to avoid impacts to the private property; update the channel improvement plans, add a dry well siphon, establish an inventory of the existing landscape irrigation systems; update the bridge hydraulics and scour study; assistance in completing the right of way offer packages and evaluations. Additional services increasing Purchase Order 12-0716 by ($117,360.17) for a new maximum contract amount is amended to ($3,232,231.75).

Item 1N - Page 10

Revised: 2.9.22

2.7 Amendment No. 7. On November 28, 2018, the City Council approved to authorize extra work to complete the design of utilities and right-of-way services in the amount of $170,360.48 for an increased total contract amount of $3,402,592.23.

2.8 Amendment No. 8. On November 23, 2020, Staff processed a no-cost Amendment authorizing the readjustment of budgets for certain tasks with reduced scope and reallocating budget for a required biological assessment.

2.9 Amendment No. 9. On October 17, 2022, the City Council approved Amendment to authorize extra work to renew the Army Corps and Water Quality permit, survey, and utility extra work, and update hydraulic analysis within the Whitewater River impacted by recent flooding events to Ramon Road Widening in the amount of $38,162.23 for an increased total contract amount of $3,440,754.46.

2.10 Amendment Authority. This Amendment No. 10 is authorized pursuant to Section 2.3, Changes in Scope, of the Agreement. update the project plans, technical special specifications, quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards. Modification of the roadway design is necessary to accommodate a new signalized pedestrian crossing across Ramon Road and refining the traffic control plans to improve access to adjacent businesses. The following services are needed: update of the roadway 100% PS&E, update Whitewater River Channel Topographic Surveys, update Storm Water Pollution Prevention Plan, (SWPPP), prepare a Habitat Mitigation and monitor Plan (annual reporting), and extend Temporary Construction Easement

3. Terms.

3.1 Maximum Contract Amount, Section 2.1 of the Agreement is hereby amended to add the following: Approve Amendment No. 10, in the amount of $326,678.67, to PSA No. 6190, for a new not to exceed amount of $3,767,433.13 with CNS Engineers for the Ramon Road Widening for Fiscal Year 24/25.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 10, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 10. From and after the date of this Amendment No. 10, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 10.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 10.

3.4 Severability. If any portion of this Amendment No. 10 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Counterparts. This Amendment No. 10 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
Item 1N - Page 11

Revised: 2.9.22
SIGNATURE PAGE TO AMENDMENT NO. 10 BY AND BETWEEN

THE CITY OF PALM SPRINGS AND CNS ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONSULTANT:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1N - Page 12
Civil and Structural Engineers
CNS Engineers, Inc. 11870 Pierce Street, Suite 265, Riverside, CA 92505 Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com 1 | P a g e
July 2, 2024
Mr. Joel Montalvo, MPA, PE
City Engineer, Development Services Department
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subject: Request for Contract Amendment No. 10
Ramon Road Widening from San Luis Rey Drive to Landau Boulevard including the Whitewater River Bridge Widening
City Project No. 08-25
Federal Aid Project No. BHLS 5282-(040)
Dear Joel:

CNS Design Team requests additional budget to reflect extra work as follows:

1. Implementation of the 2023 Caltrans Construction Contract Standards Design History: The 100%-level design of the project was completed in January 2020 while the right of way acquisition and utility relocation were being coordinated. The right of way and utility relocation activities are complex and took a long lead time to complete as they involved several private properties, a golf course, a gas station, a billboard, flood control access, and tribal lands.

The current project design was based on Caltrans 2018 Construction Contract Standards.

Since the project is funded by the federal Highway Bridge Program, Caltrans standards must be followed. In accordance with a notice issued by Caltrans Local Assistance on November 9, 2022, the 2018 Standards can only be continuously used for federally funded projects receiving construction authorization before May 1, 2023.

Caltrans periodically updates the construction contract standards. On April 21, 2023, Caltrans issued a memorandum stating that the 2022 Standards will be no longer supported after July 21, 2023, and the new 2023 Standards will be published on July 24, 2023. Since the construction of the Project has not been authorized by Caltrans as of June 2024, the Design Team must update the bid documents of the Project with the Caltrans 2023 Standards.

G1. Required Design Modifications: The Caltrans 2023 Construction Contract Standards include Standard Specifications, Standard Special Provisions, and Standard Plans. The Standard Plans implement new design criteria involving the Eight Edition of AASHTO LRFD Bridge Design Specifications, California Amendments with 2022 Errata, and Seismic Design Criteria (SDC) Version 2.0.

Item 1N - Page 13
Joel Montalvo
Request for Contract Amendment No. 10
July 2, 2024
2 | P a g e
The Design Team will update the project plans, technical special specifications, quantities, and cost estimates per the Caltrans 2023 Construction Contract Standards. The design modification will involve project elements that reference the Caltrans standards, which include the bridge, retaining walls, and traffic signals. The geotechnical foundation report per SDC 2.0 shall be updated accordingly.

2. Roadway Design Modifications
G2. Candlewood Drive Pedestrian Crossing:

Modification of the roadway design is necessary to accommodate a new signalized pedestrian crossing across Ramon Road at the southerly corner of Candlewood Drive T-intersection, which is being constructed by the Cathedral City. The new pedestrian crossing improvements will require changes to the current design of the median of the Ramon Road Bridge Project.

The design changes involve a demolition plan, two street plans, striping plans, landscaping plans, and update of cost estimate and specifications.

G3. Order of Work of Traffic Controls:

1. Order of Work Enhancements: The order of work for traffic control during construction will be enhanced to further minimize impacts to the businesses as follows
a. To restrict the amount of driveway access within the project area that can be closed at one time, the project will add Order of Work description and diagram to the Traffic Control Plans that provide limits to the length and time and access to driveways along small segments of each phase can be performed. Traffic Control plans cross-reference the limits of construction.
b. The order of work description in the specifications will be modified.

2. Westbound Left-Turns into the Ramon Tower Lot with Bowling Lanes:
a. To keep access to the businesses on the south side of Ramon Road immediately east of Landau Blvd open as much as possible before the construction of the south leg extension of Landau Blvd, modify the traffic control plans TC-5, TC-8, and TC-11 to allow westbound left turns into the easterly driveway of the Ramon Tower Lot.

G4. Update of the Roadway 100% PS&E:

The current roadway design that was completed in January 2020 will be updated based on the existing conditions. Conduct a job walk to review the existing conditions and reflect the conditions and changes on the design plans.

G5. Update Whitewater River Channel Topographic Surveys (Field Work and Digital Mapping Preparation)
Updating the topographic surveys of the Whitewater Channel to reflect the existing conditions was proposed in the previous Amendment No.9; however, only the cost of the aerial topo flight was included in the cost proposal. This amendment will catch the missing engineering field work of setting ground targets and tie-in control, and the office engineering effort of preparing a digital topographic mapping in CAD.

Item 1N - Page 14
Joel Montalvo
Request for Contract Amendment No. 10
July 2, 2024
3 | P a g e

3. Task 2.3 Update Storm Water Pollution Prevention Plan (SWPPP) The existing SWPPP was prepared to meet the requirements of the United States Environmental Protection Agency’s (USEPA’s) February 16, 2012 Construction General Permit (USEPA-CGP) and the California State Water Resources Control Board’s (SWRCB’s) 2009 Construction General Permit as amended in 2010 and 2012 (SWRCB-CGP). The SWPPP will be updated to address the new requirements added to the 2022 USEAP-CGP and 2022 SWRCB-CGP. In addition, any construction related water pollution control BMPs updates identified in the 2022 CGPs shall be included.

4. Task 4.1 Habitat Mitigation and Monitoring Plan (Annual Reporting) The extra work involves preparing one additional annual report in February 2025 per the requirements of the CDFW 1602 Streambed Alteration Agreement and the previously approved HMMP.

5. Extend Temporary Construction Easement (TCE’s) with Thirteen (13) Property Owners
The proposed project requires a temporary construction easement (TCE’s) at several private properties listed in the following table:
# Parcel No. Owner TCE Expiration Date
1 677-420-015 &
677-420-012 WCP DSSH Holdings 3  February 27, 2024
2 677-430-040  Saul H. and Florence Greene  March 28, 2024 3 377-444-011  Joseph Michael Dirnberger and
Victoria M. Peterson  April 5, 2024
4 677-431-046  Ramon Road Investors  June 13, 2024
5 677-444-009  Jerry H. Dirnberger; The Jerry H.

Dirnberger Living Trust June 21, 2024
6 677-444-014  Jerry H. Dirnberger; The Jerry H.

Dirnberger Living Trust June 21, 2024
7 677-447-011 &
677-447-011 Henry L. and Gloria Arroyo  June 30, 2024
8 678-210-038  Cathedral Plaza JLO  June 30, 2024
9 680-190-031  Eighteen Sac Self Storage Corp  June 30, 2024 10 677-420-024  Desert Water Agency  June 30, 2024
11 680-190-036  Ramon Tower Business Park Inc  June 30, 2024 12 678-210-012  Marwan Jizrawi  June 30, 2024
13 677-420-022  7-11 Development Company
LLC May 8, 2025
Item 1N - Page 15
Joel Montalvo
Request for Contract Amendment No. 10
July 2, 2024
4 | P a g e
The thirteen TCEs were negotiated for a period of four (4) years from sometime in June 2020 and will expire in July 2024 except one property. However, the project has been delayed and has not received Caltrans authorization for construction due to the utility relocation, negotiation of a channel access agreement with CVWD, and constraint of federal fundings in fiscal years. The TCEs are expected to be extended for an additional four (4) years until June 2028.

The proposed extra work involves professional right of way supporting services of waiver valuation, acquisition, and escrow overnight by the design team’s subconsultant – Epic Lan Solutions, Inc. (a division of CLS Company).

We request adjusting budget among tasks as shown in the following table:

Task Current Contract
Amount
Proposed
Amendment
Amended
Contract Amount
Phase II Final Design Plans, Specifications and Estimate (PS&E) Task 1.1, Project Administration and
Project Controls
$121,822.49 $19,918.77 $141,741.26
Task 2.3, Update SWPPP $6,080.52 $2,299.84 $6,080.52
Task 3.13, Final 100% Design PS&E &
Contract Bid Documents
$269,001.14 $114,289.23 $269,001.14
Task 4.1, Habitat Mitigation and
Monitoring Plan
$12,977.47 $1,985.28 $12,977.47
Phase III Right of Way
Task 1.2, Right-of-Way Appraisal,
Acquisition and Certification
$332,065.05 $88,140.55 $420,205.60
Other Direct Costs $51,093.50 $100,045.00 $51,093.50
Subtotal $326,678.67
Current Contract Amount (includes previous approved amendments):

Phase I – PA&ED: $1,134,662.52
Phase II – PS&E: $1,880,617.34
Phase III – R/W: $425,474.60
Total: $3,440,754.46
Proposed Amendment No.10 (this request):

Phase I – PA&ED: $0.00
Phase II – PS&E: $238,538.12
Phase III – R/W: $88,140.55
Total: $326,678.67
Amended Contract Amount:

Phase I – PA&ED: $1,134,662.52
Phase II – PS&E: $2,119,155.46
Phase III – R/W: $513,615.15
Total: $3,767,433.13
Item 1N - Page 16
Joel Montalvo
Request for Contract Amendment No. 10
July 2, 2024
5 | P a g e
We look forward to approval of this contract amendment request and continue to deliver the final design and right of way phases of the project. Should you have any questions about this proposal, please feel free to contact me at (951) 687-1005 ext.104 or by e-mail at [email protected].

Sincerely,
James Lu, P.E., S.E.

Project Manager / Principal
CNS Engineers, Inc.

Attachments:

1. Cost Proposal Work Sheets

2. Scope of Work with extra work shown in blue
Item 1N - Page 17
Current Contract This Amendment Amended Amount
Task 1 Project Management

1.1 Project Administration and Project Controls $114,825.08 $0.00 $114,825.08

1.2 Meeting and Coordination $94,801.88 $0.00 $94,801.88

1.3 Quality Assurance and Quality Control $34,754.94 $0.00 $34,754.94

1.4 Local Assistance Funding/Programming Supports $21,333.20 $0.00 $21,333.20 Task 2 Preliminary Engineering

2.1 Data Collection and Research $18,913.72 $0.00 $18,913.72

2.2 Field Review and Site Assessment $9,354.20 $0.00 $9,354.20

2.3 Surveying and Aerial Topographic Mapping $34,617.46 $0.00 $34,617.46

2.4 Right of Way Research and Base Mapping $25,513.06 $0.00 $25,513.06

2.5 Utility Research, Notification and Mapping $13,776.37 $0.00 $13,776.37

2.6 Traffic Study $44,080.75 $0.00 $44,080.75

2.7 Preliminary Roadway/ Bridge Foundation Report $29,612.51 $0.00 $29,612.51

2.8 Roadway Alternatives Study and Geometric Approval
Drawings $88,094.54 $0.00 $88,094.54

2.9 Preliminary Right of Way Study and Cost Estimates $30,585.21 $0.00 $30,585.21

2.10 Bridge Aesthetics and Approach Landscape Modification Study $50,425.18 $0.00 $50,425.18

2.11 Preliminary Street Lighting Study $4,695.82 $0.00 $4,695.82

2.12 Roadway Drainage Study $7,548.71 $0.00 $7,548.71

2.13 Floodplain Study, Bridge Hydraulics and Sediment Transport Analyses $45,355.12 $0.00 $45,355.12

2.14 Preliminary Channel Improvement Plans $10,936.07 $0.00 $10,936.07

2.15 Conditional Letter of Map Revision (CLOMR) $10,592.08 $0.00 $10,592.08

2.16 Bridge Type Selection Study $88,959.68 $0.00 $88,959.68

2.17 Preliminary Cost Estimates $17,279.81 $0.00 $17,279.81

2.18 Project Report Equivalent $41,191.36 $0.00 $41,191.36

2.19 Value Analysis Study $0.00 $0.00 $0.00
Task 3 Environmental Document (CEQA/NEPA)

3.1 Public Scope, Commission & Council Meetings $4,639.62 $0.00 $4,639.62

3.2 Preliminary Environmental Study (PES) $6,721.70 $0.00 $6,721.70

3.3 Noise Study $32,437.36 $0.00 $32,437.36

3.4 Air Quality Study $17,121.22 $0.00 $17,121.22

3.5 Phase 1 Initial site Assessment and ADL Surveys $15,129.12 $0.00 $15,129.12

3.6 Water Quality Assessment Report and Preliminary SWPPP $18,693.84 $0.00 $18,693.84

3.7 Location Hydraulic Study & Summary Floodplain
Encroachment Report $8,029.35 $0.00 $8,029.35

3.8 Biological Resources study (NES and BA) $23,377.36 $0.00 $23,377.36

3.9 Wetland and Jurisdictional Delineation and Assessment $5,762.43 $0.00 $5,762.43

3.10 Visual Impact Assessment $25,772.25 $0.00 $25,772.25

3.11 Community Impact Assessment $6,563.22 $0.00 $6,563.22

3.12 Cultural Resources Study (ASR/HPSR/APE) $14,262.43 $0.00 $14,262.43

3.13 Draft NEPA Environmental Assessment $25,930.48 $0.00 $25,930.48

3.14 Draft CEQA Initial Study/Mitigated Negative Declaration $10,191.85 $0.00 $10,191.85

3.15 Bureau of Indian Affairs Consultation & NEPA/Section 106 Clearance $4,907.39 $0.00 $4,907.39

3.16 Circulate Draft Environmental Document & Respond
Comments $2,295.22 $0.00 $2,295.22

3.17 Final Environmental Document (MND/FONSI) $5,680.14 $0.00 $5,680.14

3.18 File Notice of Determination (CEQA) $655.78 $0.00 $655.78

3.19 Publish Notice in Federal Register $0.00 $0.00 $0.00 Task Labor Cost
Phase I - Project Approval and Environmental Document (PA&ED)

CITY OF PALM SPRINGS
COST PROPOSAL (AMENDMENT NO. 9)
Federal Project No. BHLS-5282(040)), City Project No. 08-25 Professional Engineering Design Services for Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening)
7/1/2024
Task No. Task Description
Summary of Task Costs
Item 1N - Page 18
Current Contract This Amendment Amended Amount
Task Labor Cost
7/1/2024
Task No. Task Description

3.20 USACE Section 404 Permit and NEPA Clearance/USEPA & SWRCB Section 401 Water Quality Certification $35,383.19 $0.00 $35,383.19

3.21 CDFG 1602 Streambed Alteration Agreement $7,257.25 $0.00 $7,257.25 $26,604.57 $0.00 $26,604.57
$1,134,662.52 $ $1,134,662.52 -
Task 1 Project Management

1.1 Project Administration and Project Controls $121,822.49 $19,918.77 $141,741.26

1.2 Meetings and Coordination $121,174.19 $0.00 $121,174.19

1.3 Quality Assurance and Quality Control $37,087.81 $0.00 $37,087.81

1.4 Local Assistance Supports $16,149.63 $0.00 $16,149.63 Task 2 Final Design Reports and Studies

2.1 Utility Potholing $29,470.26 $0.00 $29,470.26

2.2 Geotechnical Investigations and Design Reports $44,897.86 $0.00 $44,897.86

2.3 Update SWPPP $6,080.52 $2,299.84 $8,380.36

2.4 Utility Relocation Coordination $92,015.05 $0.00 $92,015.05

2.5 Update Drainage Report $6,564.10 $0.00 $6,564.10

2.6 Update Topographic Field Survey $66,192.23 $0.00 $66,192.23

2.7 Value Analysis Study $77,679.26 $0.00 $77,679.26
Task 3 Plans, Specifications and Estimates (PS&E)

3.1 65% Roadway Plans $101,905.67 $0.00 $101,905.67

3.2 65% Storm Drain Plans and Erosion Control Plans $39,475.47 $0.00 $39,475.47

3.3 65% Channel Improvements Plans $30,166.76 $0.00 $30,166.76

3.4 65% Landscaping Plans $21,777.72 $0.00 $21,777.72

3.5 65% Traffic Control Plans $25,388.06 $0.00 $25,388.06

3.6 65% Signing and Striping Plans $17,758.96 $0.00 $17,758.96

3.7 65% Traffic Signal Improvement Plans $16,211.41 $0.00 $16,211.41

3.8 65% Bridge Mounted Lighting Plans $6,583.34 $0.00 $6,583.34

3.9 95% Civil Roadway PS&E $195,364.60 $0.00 $195,364.60

3.10 65% Unchecked Structure Plans $280,459.64 $0.00 $280,459.64

3.11 Bridge Design Independent Check $89,345.23 $0.00 $89,345.23

3.12 95% Structure PS&E $94,295.16 $0.00 $94,295.16

3.13 Final 100% Design PS&E & Contract Bid Documents $269,001.14 $114,289.23 $383,290.37 Task 4 Environmental Permitting

4.1 Habitat Mitigation and Monitoring Plan $12,977.47 $1,985.28 $14,962.75

4.2 CEQA Exemption & NEPA Caltrans Revalidation $9,679.80 $0.00 $9,679.80 $51,093.50 $100,045.00 $151,138.50
$1,880,617.34 $238,538.12 $2,119,155.46
Task 1.0 Right-of-Way Services

1.1 Legal Descriptions and Plats $93,409.55 $0.00 $93,409.55

1.2 Right-of-Way Appraisal, Acquisition and Certification $332,065.05 $88,140.55 $420,205.60 $425,474.60 $88,140.55 $513,615.15
$3,440,754.46 $326,678.67 $3,767,433.13
Phase III Subtotal
Reimbursable Expenses
Phase I Subtotal
Reimbursable Expenses
Phase II Subtotal
Grand Total
Civil Roadway PS&E
Structure PS&E
Phase II Final Design Plans, Specifications and Estimate (PS&E) Phase III Right of Way
Item 1N - Page 19
Consultant: CNS Engineers, Inc.

Project Name:

Contract No. Date: 7/1/2024

DIRECT LABOR
Hours Actually Hourly Rate Total
44 $ 103.00 $ 4,532.00
110 $ 75.20 $ 8,272.00
128 $ 37.00 $ 4,736.00
32 $ 79.00 $ 2,528.00
24 $ 55.60 $ 1,334.40
64 $ 40.48 $ 2,590.72
64 $ 48.20 $ 3,084.80

LABOR COSTS
a) Subtotal Direct Labor Costs $ 27,077.92
b) Anticipated Salary Increases $ - 0%
$ 27,077.92
d) Fringe Benefit (Rate: $ -

INDIRECT COSTS
f) Overhead (Rate: 154.04% $ 41,710.83
h) General and Administrative (Rate: $ -
$ 41,710.83
FIXED FEE (Profit)
l) (Rate: 10% ) $ 6,878.87

OTHER DIRECT COSTS (ODC)
(ODC is actual cost to be reimbursed with supporting documentation.) m) Reproduction
n) Conference Calls
o) Travel/Mileage Expense (Mileage will be IRS standard rate.) p) Mailing/Overnight/Special Deliveries
q)
$ -
CNS Cost (Prime Consultant) $ 75,667.62

SUBCONSULTANT COSTS
MSA Consultants $ 21,531.36
Epic Land Solutions $ 187,915.55
KOA Corporation $ 16,919.38
Aguilar Consulting, Inc. $ -
Converse Consulting $ 12,804.93
TKD Associates $ 7,534.70
Terra Nova Planning and Research $ 2,005.28
CASC Consulting $ 2,299.84
VMS $ -
$ 251,011.05
TOTAL COST [(c) + (e) + (j) + (k) + (r) + (s)] $ 326,678.68 Roadway Project
Engineer/Deputy PM
c) TOTAL DIRECT LABOR COSTS [(a)+(b)]

FRINGE BENEFITS
Bridge Design Engineer I
Senior Bridge Engineer
Senior CADD Designer
s) TOTAL SUBCONSULTANT COSTS
j) TOTAL INDIRECT COSTS [(g) + (i)]
) g) Overhead [(c) x (f)]
Ramon Road Widening (San Luis Rey Drive to Landau Boulevard, including the Whitewater River Bridge Widening)
City of Palm Springs
Cost Proposal
Bridge Project Engineer
r) TOTAL OTHER DIRECT COSTS [(m) + (n) + (o) + (p) + (q) ] Palm Springs City Project No. 08-25
Classification/Title
Principal Bridge Engineer/PM
Roadway Design Engineer I
Name
James J. Lu
Steve Hosford
k) TOTAL PROFIT [(c) + (e) + (j)] x (l)]
) e) TOTAL FRINGE BENEFITS [(c) x (d)]
) i) Gen & Admin [(c) x (h)]
Item 1N - Page 20

CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVE A COOPERATIVE PURCHASE AGREEMENT FOR THE

PURCHASE OF UNMANNED AERIAL VEHICLES (UAVS) AND

ASSOCIATED SERVICES FOR THE PALM SPRINGS POLICE

DEPARTMENT
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:

It is recommended that City Council approve a cooperative purchase agreement for the purchase of Unmanned Aerial Vehicles (UAVs), commonly referred to as drones, and associated services. The proposed purchase includes fourteen drones and associated accessories, software, warranties, and training.

The total cost of the equipment and services will be $171,712.98, funded through the Board of State and Community Corrections (BSCC) Organized Retail Theft grant accepted by City Council on November 9, 2023. These UAVs were specifically included in the BSCC grant request submitted by the Department.

RECOMMENDATION:

1. Approve Cooperative Purchase Agreement 24C161 (Attachment A) of the UAVs (drones), software, care plan, and accessories through a Sourcewell cooperative purchase agreement with Advexure LLC in the amount of $171,712.98.

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

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms submitted on July 1, 2024, Advexure is a Limited Liability Corporation registered in the state of Wisconsin. (Attachment B).

STAFF ANALYSIS:

Drone use has become an essential part of public safety operations nationwide. The Department purchased its first drone in 2023 and has deployed it over 150 times to Item 1O - Page 1
City Council Staff Report
July 25, 2024 – Page 2
Approval of UAV Purchase Agreement
investigate and document crime scene and traffic collisions, as part of search and rescue operations, for disaster management during flooding events, and during high-risk situations. The Department has used the drone to provide critical overwatch protection at large-scale special events, including parades.

The purchase of additional drones will allow for improved response times during critical incidents, increased efficiency in collecting evidence and conducting investigations, expanded search and rescue capabilities, and an aerial perspective providing for enhanced safety and situational awareness. The drones recommended by staff are capable of providing aerial surveillance of large areas and tracking suspects from a safe distance, making them particularly well suited for investigations and apprehensions related to retail theft, auto theft, and catalytic converter theft.

Any use of the UAVs will be in strict accordance with constitutionally protected privacy and associational rights and Federal Aviation Administration (FAA) regulations. The Department has drafted a policy that addresses privacy considerations related to UAV deployment and prohibited uses of the device. Palm Springs Police Department Policy 609 governing the use of the UAV is included as Attachment C.

Staff is utilizing Sourcewell Cooperative Contract 011223 to obtain these needed goods and services as allowed by the City’s Procurement Policies under Title 7.09.010 of the Municipal Code.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services and focusing on issues that most impact quality of life, including crime.

FISCAL IMPACT:

The total cost of this purchase will be fully covered by the BSCC Organized Retail Theft grant awarded to the City and will not impact the Department budget.

Item 1O - Page 2
City Council Staff Report
July 25, 2024 – Page 3
Approval of UAV Purchase Agreement
REVIEWED BY:

Department Director: Andrew G. Mills
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:

A.) Cooperative Purchase Agreement 24C161
B.) Public Integrity Disclosure
C.) Palm Springs Police Department Policy 609
Item 1O - Page 3
ATTACHMENT "A"
Item 1O - Page 4

4.13.2023
COOPERATIVE PURCHASE AGREEMENT 24C161

UNMANNED AERIAL VEHICLES AND SERVICES
This Cooperative Purchase of Equipment and Training Services Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Advexure LLC, a Wisconsin Limited Liability Company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. Background.
a. This Agreement is made and entered into in reference to the competitively solicited SOURCEWELL Contract No.011223-ADX with Contractor (“Cooperative Agreement”).
b. The City desires to utilize the equipment and associated services for the Palm Springs Police Department (PSPD) attached hereto as Attachment “A”, the content of which is incorporated by reference to this Agreement as if fully set out her in its entirety.
c. Contractor desires to perform said services on the terms and conditions set forth in this Agreement.

2. Term. Unless earlier terminated in accordance with Section 10 of this Agreement, this Agreement shall continue in full force and effect, commencing on August 1, 2024, and ending on July 31, 2025.

3. Compensation and Payment. This Agreement is for an amount not to exceed $171,712.98, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Attachment “B”, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety.

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

5. Insurance. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Attachment "C", incorporated herein by reference. If no insurance is required Attachment “C” will reflect that there are no requirements.

Item 1O - Page 5

4.13.2023

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

7. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: ADVEXURE LLC
Attention: Travis Waibel
9281 Irvine Boulevard
Irvine, CA 92618

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

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

Item 1O - Page 6

4.13.2023
A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional work not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

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

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

12.Compliance with Economic Sanctions in Response to Russia's Actions in Ukraine. When funding for the services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Item 1O - Page 7

4.13.2023
Sanctions Program by completing the form located in Attachment “D” (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.

13.Entire Agreement. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between this Agreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail.
[Signature Page Follows]
Item 1O - Page 8

4.13.2023

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF EQUIPMENT AND

ASSOCIATEDSERVICES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND ADVEXURE LLC.

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

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for 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 1O - Page 9

4.13.2023

ATTACHMENT A

SCOPE OF WORK
The scope of the services is outlined in the SOURCEWELL – Unmanned Vehicle Systems Contract #011223-ADX. Services include the purchase of equipment and training.

Advexure: Contract 011223-ADX | Sourcewell (sourcewell-mn.gov)

ATTACHMENT B
Item 1O - Page 10

4.13.2023

QUOTE / PRICING
Pricing is outlined in the SOURCEWELL – Unmanned Vehicle Systems Contract #011223-ADX and detailed below.

Item 1O - Page 11
Palm Springs Police D<!partment
QuOle #55605-3
D.il8<1· 04/16!2024
•n·, ,i;m • .. "" 2 DJI-MJOTCB OJI MalriOil 30T Com bo wl care Enlamrlse !Basic. 1 Yi,.ir' 4 OJI-CEB-M30T OJI C.ire EnlME!!]S9 Pl.in Reri&w.il (Basic, MJOT. 1 Ye.ir} 36 DJI-M30TB30 OJI M.ilriOil 30 1830 lnlellinenl Ai"'11 Ball""' 6 DJI-CSB37 OJI WB37 lnlall!;lllnl B.itt,;ri
2 CZI-LP12 OJI LP12 SE!Q~ hl & St!!.lkM ror OJI Malrice 30 2 GPC-H30C GPC OJI Malrioo 30 Hard Case
2 DJI-RCPLSK OJI RC Plus Shoulder Hartl!!s.s Sltan & Bracket Kit 12 DJI-M30P9 OJI MalriOil 30 Standard m1111 Prooeller Pair 5 DJI-M3TB2 OJI Mavie 3 Thermal w/ OJI Care Entemrise tBasic 2 Yea 5 OJI-CEB-M3T OJI Care Enter(!jse Pl.in Reri&wal (Basic MJT 1 Year) 10 DJI-MJEPS OJI Mavie 3 Enlemrge B.lllaN Kit
18 DJI-MAVJBT OJI Mavie 3 lnlellicenl Flilllll Ball8f'V 32 DJI-M3El'3 OJI Mavie 3 Enternrise Pro~ellers {Palrl
5 JO-U3 OJI U3 Soollioht & SoMker rcx OJI Mavic 3 Enlerorise Ser 4 DJI-MN4PCP-RC2 OJI Mini 4 Pro FIii More Combo Plus /OJI RC 2\ 4 DJI-CHN4P-2Y OJI Care Refresh !DJ I Mini 4 Pm. 2 Years! 4 0JI-MN4P-PG OJI Mini 4 Pro 360' Prull!!IIGr Guard
3 DJI-AVA2.fMC3 OJI Aval.i 2 Fit More Combo (Three Battelies} 3 DJI-CA V A2-2Y OJI Care Relresh !OJ I Asata 2 2 Years) 16 DJI-AVA2-BT OJI Aval.i 2 lnlelli0enl Fliohl Batterv
9 OJI-AVA2.f>RP OJI Avala 2 P.,,,..llers fSel of 41
3 DJI-FPV-RC3 OJI FPV Remote Coolruller 3
3 GPC-DJI-AVA2 GPC DJI Avala 2 Hard Case
20 SD-HSD64E SanOiSk 64GB Exlreme Micro SD Card llilh Adanter 10 HM-AD-ll'3 Ad•eXllre Hoodman Orone Launcl\ll.andir\Q P.id (3 Fil 6 DS-DSC2 OmnaStu1se Class 2 UAS (2 M30T x 3 Yeats)
3 DS-DSMSAT DrooeSense Ma bile SUeaming and Tracking
6 DS-DSCP-AVA omnaSense CoPilOI fcx Avata 12 Avala x 3 Years) 5 AOV-BLXL-PSP[ Advexute Blll"Link XL Slleaming Box+ Monitor (Base: OJ I l ADV-ASPF AdVeXll/9 Public Safety Aii'Cta~ Setup (M30T I M3T) l ADV-ELPS Advexure Enterprise Le,el Lifetime S~port
l ADV-TRN Advexute 2-Dav Local S~stems Trainir\Q and Fleet FamiliZ ChangH ReguHted 4115/24 (Meeting: TW W/ WH + FGI
• Remove 15 OS Class 1 Licenses (5 M3T for 3 Years)
Travis Waibel/ Cody Tnomas
m .. "~' ··•

9.637.00 19,274.00
713.00 2,852.00
329.00 11,844.00

59.00 354.00
1,750.00 3,500.00
499.00 998.00

39.00 78.00

49.00 588.00
5,748.00 28,740.00
499.00 2,495.00
659.00 6,590.00
209.00 3,762.00

19.00 608.00
1,099.00 5,495.00
1,159.00 4,636.00
125.00 500.00

29.00 1.16.00

1.199.00 3,597.00

99.00 297.00
129.00 2,064.00

9.00 81.00
199.00 597.00
249.00 747.00

10.00 200.00

40.00 400.00
3,400.00 20,400.00
2,400.00 7,200.00
900.00 5,400.00

7.000.00 35,000.00
168,413.00
• Add 3 or 5 Blu-Llnk XL 'with M3T foarn, XL mooel 'wilh laiger :saeen, not OG! • Add 1 l'nOltl Ava!Jl 2 selilp
• Swilc:h M3E Spomghl/Spe~kers lo U3 Combo
• Add Prop Guards ror Mini 4 PIO
• Ei,sure all ailcran have 3 yMrs of Care, if available ,,.., ~ tllollfo:l'.~U IJ;al •• ,n
481.85 963.70 #II 9.155.15 18.310.30 T 1,693.70

35.85 1.42.60 #II 677.35 2.709.40 N

16.45 592.20 51b 312.55 11.251.BO T 1,040.79

2.95 17.70 51b 56.05 336.30 T 31.11

87.50 175.00 51b 1.662.50 3.325.00 T 307.56

24.95 49.90 51b 474.05 948.10 T 8?.70

1.95 3.00 51b 37.05 74.10 T 6.8S

2.45 29.40 51b 46.55 558.60 T 51.67
287.40 1,437.00 51b 5,460.60 27,303.00 T 2,525.53

24.95 124.75 51b 474.05 2,370.25 N

32.95 329.50 Sib 626.05 6,260.50 T 579.10

10.45 188.10 51b 198.55 3,573.90 T 330.S.9

0.95 30.40 51b 18.05 577.60 T 53.43

54.95 274.75 51b 1,044.05 5,220.25 T 482.87

57.95 231.80 51b 1,101.05 4,404.20 T 407.39

6.25 25.00 51b 118.75 475.00 N

1.45 5.80 Sib 27.55 110.20 T 10.19
II# 1,199.00 3,597.00 T 332.72
#II 99.00 297.00 N
#II 129.00 2,064.00 T 191Ht2
#II 9.00 81.00 T 7.49
#II 199.00 597.00 T 55.22

12.45 37.35 #II 236.55 709.65 T 6S.64

0.50 10.00 51b 9.50 190.00 T 17.58

2.00 20.00 51b 38.00 380.00 T 35.15
170.00 1,020.00 Sib 3,230.00 19,380.00 N
120.00 360.00 51b 2.280.00 6,840.00 N

45.00 270.00 51b 855.00 5,130.00 N
350.00 1,750.00 Sib 6,650.00 33,250.00 T 3,075.63
N
N
N
8,088.85 160,324.15 11,388.83
Item Total $168,41].00
Conlr.ict Pricing -S8,088 .. 85
SUbtolal Sl60,324.l5
Sales Tax (9.25% Sll,388.83
Shipping SO.Oil
Total S171,712.98

4.13.2023

ATTACHMENT C

INSURANCE REQUIREMENTS

INSURANCE

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

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

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

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

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

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

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

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

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

Item 1O - Page 12

4.13.2023

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

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

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

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

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

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

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

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

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

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to Item 1O - Page 13

4.13.2023
obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

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

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

Item 1O - Page 14

4.13.2023

ATTACHMENT D
EXECUTIVE ORDER N-6-22 CERTIFICATION
Executive Order N-6-22 issued by Governor Gavin Newsom on March 4, 2022, directs all agencies and departments that are subject to the Governor’s authority to (a) terminate any contracts with any individuals or entities that are determined to be a target of economic sanctions against Russia and Russian entities and individuals; and (b) refrain from entering into any new contracts with such individuals or entities while the aforementioned sanctions are in effect.

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

Item 1O - Page 15
ATTACHMENT "B"
Item 1O - Page 16
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Advexure LLC
9281 Irvine Blvd Irvine, CA 92618
Wisconsin
Travis Waibel
Daniel Waibel
Item 1O - Page 17
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

(Revised 09 13 18)

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date Travis Waibel, CEO
7/1/2024
Travis Waibel 100%
Item 1O - Page 18
IL W.11,,tL
ATTACHMENT "C"
Item 1O - Page 19
Policy
609
Palm Springs Police Department
Policies
Copyright Lexipol, LLC 2022/09/20, All Rights Reserved.

Published with permission by Palm Springs Police Department Unmanned Aerial System (UAS) Operations -
1 Unmanned Aerial System (UAS) Operations
609.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 609.1.1 DEFINITIONS
Definitions related to this policy include:

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording, or any other means. 609.2 POLICY
Unmanned aerial systems may be utilized to enhance the department's mission of protecting lives and property when other means and resources are not available or are less effective. The deployment of unmanned aerial systems by public safety organizations across the country has proven invaluable in improving efficiency, mitigating risk, and preventing injury for both the public and first responders.By affording the department an opportunity to visually access hazardous mountainous terrain or remote desert areas quickly, efficiency is increased in locating lost hikers, at-risk dependent adults, and missing children. Unmanned aerial systems also enable the department to exponentially magnify our capabilities when providing critical overwatch protection during popular large scale special events by increasing our ability to recognize traffic safety hazards or potential pre-assault indicators, and proactively circumventing pending danger or violence without significantly increasing staffing requirements. Unmanned aerial systems provide the ability to monitor rapidly evolving reports of at-large persons suspected of serious criminal offenses or individuals threatening violent behavior before potentially dangerous face-to-face contact is required.

Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
609.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Item 1O - Page 20
Palm Springs Police Department
Policies
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2022/09/20, All Rights Reserved.

Published with permission by Palm Springs Police Department Unmanned Aerial System (UAS) Operations -
2 609.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations, and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies, and procedures regarding use of the UAS.
• Developing a uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require authorization by the Chief of Police or an authorized designee.
• Developing protocol for conducting criminal investigations involving a UAS, including documentation of time spent monitoring a subject.
• Implementing a system for public notification of UAS deployment during critical incidents or pre-planned large-scale public events.
• Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, the establishment of lost link procedures, and secure communication with air traffic control facilities.
• Developing a protocol for fully documenting all missions. In addition to the mandated annual reporting required to remain in compliance with Assembly Bill 481 regarding the department's use of military equipment, all utilization and deployments of the UAS will also be detailed in a quarterly report which will be made available in accordance with standard department practices.
• Developing a UAS inspection, maintenance, and record-keeping protocol to ensure the continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored, and retrieved in a manner that ensures its integrity as evidence, including strict adherence to the chain of custody requirements. Electronic trails, including encryption, authenticity certificates, and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing quarterly reports on the program to the Chief of Police.

Item 1O - Page 21
Palm Springs Police Department
Policies
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2022/09/20, All Rights Reserved.

Published with permission by Palm Springs Police Department Unmanned Aerial System (UAS) Operations -
3 609.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.

UAS operations should only be conducted in accordance with the Federal Aviation Administration Certificate of Authorization. A UAS should not be flown directly over populated areas without FAA approval.
609.6 PROHIBITED USE
The UAS and its video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person(s) based solely on individual characteristics, such as, but not limited to, race, ethnicity, national origin, religion, disability, gender, or sexual orientation. • To harass, intimidate or discriminate against any individual or group. • For routine surveillance of anyone freely engaging in a constitutionally protected legitimate right to peacefully assemble, demonstrate, or exercise free speech. However, if clear indications of pending violence become imminent at an organized protest, demonstration, or impromptu public gathering, the Chief of Police or their authorized designee may consider deployment of the UAS if appropriate to safeguard overall public safety.
• For unofficial personal uses of any kind.

The UAS shall not be weaponized.
609.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.
609.8 JOINT OPERATIONS OR UNIFIED COMMAND WITH PALM SPRINGS FIRE

DEPARTMENT
In the event Palm Springs Fire Department UAS operators are assisting the police department with the operation of a UAS at a crime scene, all data / evidence obtained from the UAS will be provided to the police department for chain of custody purposes. This data will be retained according to the department's retention standards.

Item 1O - Page 22

CITY COUNCIL STAFF REPORT
DATE: JULY 25, 2024 CONSENT CALENDAR
SUBJECT: APPROVE A THREE-YEAR COOPERATIVE SUBSCRIPTION
AGREEMENT WITH INSIGHT PUBLIC SECTOR, INC. FOR 40 FIXED

ALPR CAMERAS, FLOCKOS ELITE ENHANCED LPR PACKAGE, AND

CONTRACTING A CONSULTANT FOR A REAL-TIME INFORMATION

CENTER IMPLEMENTATION
FROM: Scott C. Stiles, City Manager
BY: Police Department
SUMMARY:

This action will approve the purchase of 40 fixed automated license plate recognition (ALPR) cameras, the FlockOS elite enhanced LPR package, and a real-time information center consultant from Insight Public Sector, Inc. These acquisitions will be funded by the Board of State and Community Corrections (BSCC) retail theft prevention grant awarded to the Palm Springs Police Department (PSPD) in October 2023 and accepted by City Council on November 9, 2023. This technology aims to aid investigations into retail theft, auto theft, catalytic converter theft, and other crimes requiring suspect identification.

RECOMMENDATION:

1. Approve Cooperative Subscription Agreement 24C162 (Attachment A) with Insight Public Sector, Inc. for a three-year period, not to exceed $506,000 to implement Flock Safety's fixed ALPR technology, the FlockOS Elite enhanced LPR package, and a Real-Time Information Center (RTIC) consultant; and

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

BUSINESS PRINCIPAL DISCLOSURE:

Insight Public Sector, Inc. is a corporation registered in Illinois and California. (Attachment B)
Item 1P - Page 1
City Council Staff Report
July 25, 2024 -- Page 2
Insight Public Sector Agreement
BACKGROUND:

Automated License Plate Recognition (ALPR) technology uses a combination of cameras and computer software to scan the license plates of passing vehicles. The cameras, which can be fixed (e.g., mounted on road signs or traffic lights) or mobile (i.e., mounted on a vehicle), capture computer-readable images that allow law enforcement to compare plate numbers against plates of known stolen vehicles or vehicles associated with individuals wanted on criminal charges. When a match is found, a real-time alert is generated, notifying police of the location where the image of the stolen or wanted vehicle was captured. ALPR data can also be used by investigators, after a crime has been committed, to identify and locate associated vehicles. The PSPD has an existing ALPR policy (Attachment C) to guide the use of this technology.

On October 12, 2023, the Palm Springs City Council approved the purchase and installation of 15 fixed ALPR cameras. To date, 11 of the cameras have been installed while the remaining four are awaiting Caltrans permitting approval. The existing 11 cameras and related software system have been a valuable tool to the Police Department, leading to the recovery of over 30 stolen vehicles, assisted in missing person investigations, and providing dozens of investigative leads.

STAFF ANALYSIS:

The Palm Springs Police Department (PSPD) proposes a strategic expansion funded by a recent $4.5 million grant award that was accepted by City Council in November of 2023.

This plan entails acquiring 40 additional fixed ALPR cameras alongside the FlockOS enhanced ALPR package. FlockOS provides improved accuracy, data analysis, and realtime alerts across the entire network. Additionally, a Real-Time Information Center consultant will provide guidance in establishing a central hub for managing the data. This comprehensive approach will achieve citywide coverage, deter crime, improve resource allocation, and leverage FlockOS's power to refine license plate recognition and strengthen data analysis and criminal investigations. The locations of the 40 cameras was based on retail theft, auto theft, and catalytic converter theft crime analysis and do not concentrate on any specific residential areas in the city.

If implemented, PSPD will be equipped with an enhanced crime-fighting tool, demonstrating its commitment to building on past successes and creating a safer Palm Springs. The City will utilize the Omnia Partners Cooperative Purchasing Program to contract with Insight Public Sector, Inc. who were selected to provide Flock Safety ALPR equipment. This aligns with Palm Springs Municipal Code Title 7 section 7.09.010.

To ensure transparency and gather valuable public input, the Palm Springs Police Department (PSPD) has actively engaged with a wide range of stakeholders throughout the ALPR program development process. This included a dedicated ALPR study session for the City Council in October 2023, facilitating consultations with partnering agencies, and conducting a thorough review of the ACLU guidelines in August 2023.

Item 1P - Page 2
City Council Staff Report
July 25, 2024 -- Page 3
Insight Public Sector Agreement
Additionally, the Department hosted a community meeting in September 2023 to directly address resident concerns and gather feedback. This ongoing engagement was further complemented by the creation of an updated informational webpage incorporating community input, fostering a well-informed public dialogue on the ALPR program.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This agenda item aligns with the City Council’s Major Themes/Principles of optimizing basic services and focusing on issues that most impact quality of life, including crime.

FISCAL IMPACT:

The costs associated with the purchase and implementation of the ALPR system, FlockOS, and the contract with the consultant will be fully covered for the term of this threeyear agreement by BSCC grant funding.

REVIEWED BY:

Department Director: Andrew G. Mills
Procurement and Contracting Director: Kim Baker
City Manager: Scott Stiles
ATTACHMENTS:

A. Cooperative Subscription Agreement 24C162
B. Business Public Disclosure
C. PSPD ALPR Policy
Item 1P - Page 3
ATTACHMENT "A"
Item 1P - Page 4

COOPERATIVE SUBSCRIPTION OF INFRASTRUCTURE-FREE LICENSE PLATE READERS AGREEMENT NO. 24C162
This Cooperative Subscription of Infrastructure-Free License Plate Readers Agreement (“Agreement”) is entered into by and between the City of Palm Springs, a California charter city and municipal corporation (“City”) and Insight Public Sector, Inc., an Illinois corporation with its principal place of business at 2701 E. Insight Way, Chandler AZ (“Contractor”). City and Contractor are sometimes individually referred to as “Party” or collectively as “Parties” in this Agreement.

1. BACKGROUND.
a. This Agreement is made and entered into in reference to the competitively solicited OMNIA Partners (formerly U.S. Communities) Contract No. #23-6692-03 with Contractor (“Cooperative Agreement”).
b. The City desires to utilize the equipment and associated services for the Palm Springs Police Department (PSPD) attached hereto as Exhibit ‘A’ the content of which is incorporated by reference to this Agreement as if fully set out in its entirety. c. Desires to perform said Services on the terms and conditions set forth in this Agreement, as well as the Terms and Conditions attached hereto as Exhibit “F” and incorporated by reference herein.

2. TERM. Unless earlier terminated in accordance with Section 10 of this Agreement, this Agreement shall continue in full force and effect, commencing on August 1, 2024, and ending on July 31, 2027.

3. COMPENSATION AND PAYMENT. This Agreement is for an amount not to exceed $506,000, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, as shown as Exhibit "B", the content of which is incorporated by reference into this Agreement as if fully set out in its entirety.

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

5. INSURANCE. Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "C", incorporated herein by reference. If no insurance is required Exhibit “C” will reflect that there are no requirements.

6. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not Item 1P - Page 5
---
limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7. NOTICE. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed, or hand delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows:

To City: City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: Insight Public Sector, Inc.

Attn: Cathy Chapman
2701 E Insight Way
Chandler, AZ 85286-1930
800-467-4448

8. COMPLIANCE WITH LAW. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. When providing the Services, Contractor shall comply with the City of Palm Springs Police Department Policy 403 (Automated License Plate Readers) to the extent such policy is applicable to Contractor’s provisions of Services. Said policy is attached hereto as Exhibit “D” and incorporated by reference herein, and may be amended from time to time.

City shall provide Contractor with a copy of any amendments to such Policy. Contractor shall be liable for all violations of such laws and regulations in connection with this Agreement.

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

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

10. TERMINATION PRIOR TO EXPIRATION OF TERM. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer.

Contractor shall be entitled to compensation for all Services rendered prior to receipt of the Item 1P - Page 6
notice of termination and for any Services authorized by the Contract Officer after such notice.

City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon 30 days written notice to City.

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

12. COMPLIANCE WITH ECONOMIC SANCTIONS IN RESPONSE TO RUSSIA'S ACTIONS IN UKRAINE. When funding for the Services is provided, in whole or in part, by an agency controlled of the State of California, Consultant shall fully and adequately comply with California Executive Order N-6-22 (“Russian Sanctions Program”). As part of this compliance process, Consultant shall also certify compliance with the Russian Sanctions Program by completing the form located in Exhibit “D” (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.

13. ENTIRE AGREEMENT. This Agreement, along with the Cooperative Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written between the parties. In the event of conflict or inconsistency between thisAgreement and the Cooperative Agreement, this terms and conditions in this Agreement shall prevail. [SIGNATURE PAGE FOLLOWS]
Item 1P - Page 7

SIGNATURE PAGE TO COOPERATIVE PURCHASE OF EQUIPMENT AND

ASSOCIATED SUBSCRIPTION SERVICE AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND INSIGHT PUBLIC SECTOR, 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 1P - Page 8
EXHIBIT “A”

SCOPE OF WORK
The Contractor is to provide a subscription service (“Services”) provided through Insight Public Sector, Inc. The system, developed by Flock Safety and licensed to Insight Public Sector, Inc., is a network of license plate readers (LPR) strategically placed in cooperation with PSPD and the Contractor.

Team Configuration:

Implementation Meet with a Solutions Consultant (former LEO) to build a deployment plan based on your needs. Our Permitting Team and Installation Technicians will work to get your device network approved, installed, and activated.

User Training + Support Your designated Customer Success Manager will help train your power users and ensure you maximize the platform, while our customer support team will assist with needs as they arise.

Maintenance We proactively monitor the health of your device network. If we detect that a device is offline, a full-time technician will service your device for no extra charge.

Public Relations Government Affairs
Get support educating your stakeholders, including city councils and other governing bodies.

Media Relations
Share crimes solved in the local media with the help of our Public Relations team.

System Features:

Simplified Search Get a complete view of all activity tied to one vehicle in your network of privately and publicly owned cameras.

The user-friendly search experience allows officers to filter hours of footage in seconds based on time, location, and
detailed vehicle criteria using patented Vehicle Fingerprint ™ technology. Search filters include:
• Vehicle make
• Body type
• Color
• License plates
• Partial tags
• Missing tags
• Temporary tags
• State recognition
• Decals
• Bumper stickers
• Back racks
• Top racks
Item 1P - Page 9
National and Local Sharing Access 1B+ additional plate reads each month without purchasing more cameras. Solve cross-jurisdiction crimes by opting into Flock Safety's sharing networks, including one-toone, national, and statewide search networks. Users can also receive alerts from several external LPR databases:

California SVS FDLE
FL Expired Licenses
FL Expired Tags
FL Sanctioned Drivers
FL Sex Offenders Georgia DOR
IL SOS
Illinois Leads NCIC
NCMEC
Amber Alert REJIS

CCIC FBI
Real-time Alerts Receive SMS, email, and in-app notifications for custom Hot Lists, NCIC wanted lists, AMBER alerts, Silver alerts, Vehicle Fingerprint matches, and more.

Interactive ESRI Map View your AVL, CAD, traffic, and LPR alerts alongside live onscene video from a single interactive map for a birdseye view of activity in your jurisdiction.

Vehicle Location Analysis Visualize sequential Hot List alerts and the direction of travel to guide officers to find suspect vehicles faster.

Transparency Portal Establish community trust with a public-facing dashboard that shares policies, usage, and public safety outcomes related to your policing technology.

Insights Dashboard Access at-a-glance reporting to easily prove ROI, discover crime and traffic patterns and prioritize changes to your public safety strategy by using data to determine the most significant impact.

Native MDT Application Download FlockOS to your MDTs to ensure officers never miss a Hot List alert while out on patrol.

Hot List Attachments Attach relevant information to Custom Hot List alerts. Give simple, digestible context to Dispatchers and Patrol Officers responding to Hot List alerts so they can act confidently and drive better outcomes. When you create a custom Hot List Alert, add case notes, photos, reports, and other relevant case information.

Single Sign On (SSO) Increase your login speed and information security with Okta or Azure Single Sign On (SSO). Quickly access critical information you need to do your job by eliminating the need for password resets and steps in the log-in process.

Item 1P - Page 10
HTTP://WWW.INSIGHT.COM

INSIGHT PUBLIC SECTOR SLED
2701 E INSIGHT WAY
CHANDLER AZ 85286-1930
Tel: 800-467-4448
SOLD-TO PARTY 10655272

PALM SPRINGS, CITY OF
3200 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262-6959

SHIP-TO

PALM SPRINGS POLICE DEPARTMENT
200 S CIVIC DR
PALM SPRINGS CA 92262-7201
We deliver according to the following terms:

Payment Terms : Net 30 days
Ship Via : Insight Assigned Carrier/Ground
Terms of Delivery : FOB DESTINATION
Currency : USD
Quotation
Quotation Number : 0227467880
Document Date : 03-JUN-2024
PO Number :

PO release: :

Sales Rep : Cathy Chapman
Email : [email protected]
Telephone :

A signature below is required at time of Purchase Order if it is not fully funded. Insight will not be able to process the Purchase Order without this quote being signed. If placing POs annually, Insight will require POs for the out years to be placed at least 15 days prior to the renewal date. By executing this quote, Customer agrees to the below terms and annual payment schedule.

Customer understands, accepts and agrees that this purchase is subject to Flock Safety's End User License Agreement, available at: https://www.flocksafety.com/terms-and-conditions-eula.

TERM LENGTH: 36 Months
TERM START: Unless otherwise noted, the Term shall commence upon first installation and validation of Flock Hardware THIS IS A 3 YEAR ANNUAL PAYMENT COMMITMENT
Year 1 - Line 20-60 - $206,000.00 plus applicable tax - Invoiced 100% upon First Camera Validation Year 2 - Line 70-90 - $150,000.00 plus applicable tax - Invoiced at first anniversary Year 3 - Line 100-120 - $150,000.00 plus applicable tax - Invoiced at second anniversary Total Contract Commit - $506,000.00 plus applicable tax Material Material Description Quantity Unit Price Extended Price PARTNER-MDS-PO MANUAL PO - SALES NOTES TO PURCHASING 1

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
Solution includes the following:

PS-IMP-EXST FLOCK GROUP PROFESSIONAL SERVICES

EXISTING

INFRASTRUCTURE MOUNTING SERVICE
40 150.00 6,000.00

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 195.99
Discount: 23.465%
Year 1
PS-FLCK-CUST-PMSPRFLOCK RTIC CONSULTING 1 50,000.00 50,000.00

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 65264.99
Discount: 23.389%
Year 1
EXHIBIT "B"

QUOTE/PRICING
Item 1P - Page 11
HTTP://WWW.INSIGHT.COM Document Date 03-JUN-2024
Quotation Number 227467880

Material Material Description Quantity Unit Price Extended Price FOS-ELITE-T4 FlockOS Elite - 51-100 officers 1 20,000.00 20,000.00 Coverage Dates: 25-JUL-2024 - 24-JUL-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 22131.99
Discount: 9.633%
Year 1
FOS-ENHANLPR-T4 FlockOS Enhanced LPR Package - license - 1 license
1 10,000.00 10,000.00
Coverage Dates: 25-JUL-2024 - 24-JUL-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 11065.99
Discount: 9.633%
Year 1
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTUREFREE (SOLAR POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REALTIME

ALERTS FOR UNLIMITED USERS
40 3,000.00 120,000.00
Coverage Dates: 25-JUL-2024 - 24-JUL-2025

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
Year 1
FOS-ELITE-T4 FlockOS Elite - 51-100 officers 1 20,000.00 20,000.00 Coverage Dates: 25-JUL-2025 - 24-JUL-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 22131.99
Discount: 9.633%
Year 2
FOS-ENHANLPR-T4 FlockOS Enhanced LPR Package - license - 1 license
1 10,000.00 10,000.00
Coverage Dates: 25-JUL-2025 - 24-JUL-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 11065.99
Discount: 9.633%
Year 2
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTUREFREE (SOLAR POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REALTIME

ALERTS FOR UNLIMITED USERS
40 3,000.00 120,000.00
Coverage Dates: 25-JUL-2025 - 24-JUL-2026

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
Year 2
Item 1P - Page 12
HTTP://WWW.INSIGHT.COM Document Date 03-JUN-2024
Quotation Number 227467880

FOS-ELITE-T4 FlockOS Elite - 51-100 officers 1 20,000.00 20,000.00 Coverage Dates: 25-JUL-2026 - 24-JUL-2027

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 22131.99
Discount: 9.633%
Year 3
FOS-ENHANLPR-T4 FlockOS Enhanced LPR Package - license - 1 license
1 10,000.00 10,000.00
Coverage Dates: 25-JUL-2026 - 24-JUL-2027

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 11065.99
Discount: 9.633%
Year 3
FLCK-FALCON-2-LE FLOCK GROUP FALCON INFRASTRUCTUREFREE (SOLAR POWER + LTE), LICENSE PLATE RECOGNITION
CAMERA WITH VEHICLE FINGERPRINT ™

TECHNOLOGY
+ MACHINE LEARNING SOFTWARE AND REALTIME

ALERTS FOR UNLIMITED USERS
40 3,000.00 120,000.00
Coverage Dates: 25-JUL-2026 - 24-JUL-2027

OMNIA PARTNERS (COBB COUNTY) IT PRODUCTS AND
SERVICES(# 23-6692-03)
List Price: 3319.99
Discount: 9.638%
Year 3
Product Subtotal 450,000.00
Services Subtotal 56,000.00
TAX 0.00
Total 506,000.00
Thank you for choosing Insight. Please contact us with any questions or for additional information about Insight's complete IT solution offering.

Sincerely,
Cathy Chapman
[email protected]
To purchase under this contract, your agency must be registered with OMNIA Partners Public Sector.

Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.

This purchase is subject to Insight’s online Terms of Sale unless you have a separate purchase agreement signed by you and Insight, in which case, that separate agreement will govern. Insight’s online Terms of Sale can be found at the “terms-and-policies” link below.

SOFTWARE AND CLOUD SERVICES PURCHASES: If your purchase contains any software or cloud computing offerings Item 1P - Page 13
HTTP://WWW.INSIGHT.COM Document Date 03-JUN-2024
Quotation Number 227467880