Agenda packet, regular meeting, second session — Palm Springs City Council, November 12, 2025 (part 4 of 8)

Item 1O - Page 10
City Council Staff Report
November 12, 2025 -- Page 10
Case CR-2025-0001 – Inspire Sunrise
Per Section 14 Specific Plan Chapter 6, page 6-9 (Table 6-3, Residential Development Standards), the R-2 (Limited Multiple-Family Residential) zone development standards (PSZC Section 92.03.03) are applicable to development projects in the MR land use designation area. As analyzed in the table on pages 5 and 6 of this report, the proposed project does not conform to the minimum side yard (west) setback, open space, and building separation distance requirements. Additionally, it exceeds the maximum allowable lot coverage and perimeter wall and gate height limits. Project conformance with additional performance standards is detailed in this section below. Nevertheless, the Tribe is not bound by the development standards of the General Plan and Specific Plan, though the Specific Plan serves as a guiding framework for developments proposed on Tribal Trust lands.

Controlled Access:

The project proposes two (2) access points on the East Alejo Road and North Sunrise Way frontages for primary and emergency vehicular access. Per the Palm Springs General Plan Community Design Element Policy CD 14.6 (Palm Springs General Plan, page 9-34), gated community entries are prohibited. Instead of gates, the General Plan encourages the implementation of design features such as meandering streets, landscaping, and special consideration for site layout to provide privacy and exclusivity.

Staff recommends that the proposed vehicular gates be omitted from the site plan.

Common Open Space:

The Specific Plan requires an open space at the ground level which is ample in size and easily accessible to the residents. Although the proposed open space is 40.7% and it is less than 50% required by the Specific Plan, the building design incorporates private patios for the first-floor units and balconies for the second-floor units. Additionally, the proposed site design includes a dog park and a common area which is equipped with amenities such as a pool, a spa, a BBQ, and shade structures.

Streetscape/Landscape:

The project proposes landscape buffers on the East Alejo Road and North Sunrise Way frontages. The proposed plant materials include Blue Palo Verde and Chinese Pistache as shade trees, in addition to Data Palm and California Palm to accentuate the main entrance on East Alejo Road and as a backdrop of the cultural monument which will be installed at the northeast corner of the development. Additionally, sparse placement of desert plant materials such as Golden Barrel Cactus, Agave, Purple Prickly Pear, and Mexican Tall Grass is proposed along with crushed rocks and boulders. While the landscape plan includes shade trees, they are inadequate to provide microclimate which would provide physical comfort to the pedestrians walking on both street frontages because of their sparse installation pattern. Furthermore, no shade trees are proposed at the northeast corner of the project from which pedestrians crossing the streets could benefit. To enhance pedestrian experience, staff recommends an increase in the amount of shade trees on both street frontages.

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City Council Staff Report
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Case CR-2025-0001 – Inspire Sunrise
Architectural Features:

The Section 14 Specific Plan (Table 6-3 Residential Development Standards, page 6-9) requires the incorporation of design detail and elements which provide visual character and interest and avoid flat planer walls and box-like appearances. Additionally, the Specific Plan Design Guidelines (Section 14 Specific Plan Design Guidelines, Section

7.2.5, page 7-18) encourage street-facing walls, which extend more than 25 feet horizontally, to be designed with a visual break created by an articulation and/or architectural detailing. The project proposes two different types of materials (precision block & shadow block) for the street-facing wall, in addition to weathered streel raised planters against the wall to add visual interest. The project proposes the installation of a 6-foot-high perimeter wall on the street-facing elevations, which typically requires a 15- foot setback per the zoning code (PSZC Section 93.02.00). At the proposed wall installation location, which appears to provide a 7-foot setback, staff recommends the wall height to be reduced to 5 feet.

Different architectural designs are proposed for the 4-unit and 5-unit apartment buildings, though both designs retain rectangular form throughout for visual consistency and a modern appearance. Design considerations are given to add visual character and interest to the buildings as exemplified by the louvered screen accent, recessed building elevations in selected areas, and the use of vivid colors for the entrance doors. However, the buildings exhibit a strong horizontal profile combined with thick eaves and flat roofline throughout, which contribute to a box-like appearance. Additionally, the architectural treatment of the garage elevations is rather bare and monotonous, and the second-floor windows appear to be out of scale against the background. Finally, the project proposes bright blue, purple, and pink paint for the entry doors as an accent. The use of the accent colors, as proposed, appears insufficient to effectively deliver visual interest or vibrancy to the buildings because the area of the color application is limited and it is not proportional to the scale of the white background of the buildings. Staff is recommending further exploration of building elevation articulation, thickness of the eaves, and the application of the accent colors to address these issues.

Cultural Monument:

The project proposes the installation of a cultural monument at the northeast corner of the project site. The Project Report provides neither the details nor precise installation location of the proposed monument. To ensure that there will be no obstruction in the corner cutback area, staff recommends that the monument be installed in accordance with the requirements of Plam Springs Zoning Code Section 93.02.00(D).

ENVIRONMENTAL ASSESSMENT:

In 2002, an Environmental Impact Report (EIR) and an Environmental Impact Statement (EIS) were prepared for the adoption of the Section 14 Specific Plan. In 2016, an Initial Study (IS) and an Environmental Assessment (EA) were prepared as a part of a comprehensive amendment of the Specific Plan, which analyzed the cumulative environmental impacts of the future development under the amended Specific Plan. The 2016 IS and EA were prepared in accordance with the requirements of the California Item 1O - Page 12
City Council Staff Report
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Case CR-2025-0001 – Inspire Sunrise
Environmental Quality Act (CEQA) Guidelines and the National Environmental Policy Act (NEPA) regulations as mandated by 40 CFR 1500-1508 and implemented by the Bureau of Indian Affairs (BIA) NEPA Handbook (59 IAM 3-H). An environmental assessment is typically required for a major Tribal action per the Tribal Environmental Policy Act (TEPA); however, the requirement does not apply to the proposed project because the Initial Study and Environmental Assessment, which were prepared as a part of the 2016 Section 14 Specific Plan Amendment, included an environmental analysis for future development.

SUGGESTED CONDITIONS OF APPROVAL:

The City has developed a set of suggested conditions of approval for consideration by the Tribe in its review of the proposed project (Attachment B). These conditions are attached and made a part of this Conformity Report; they include recommendations for compliance with various City and State ordinances and regulations. These conditions are advisory, and they are not binding on the Tribe.

The proposed project partially conforms to the applicable development standards of the Section 14 Specific Plan and the General Plan. However, the Tribe reserves the final decision on this project and is not required to strictly adhere to all of the City’s development standards. In addition to the suggested standard conditions of approval, staff recommends that the Tribe consider the following modifications to the development proposal:

1. Remove two (2) access gates on the East Alejo Road and North Sunrise Way frontages in accordance with the 2007 Palm Springs General Plan Community Design Element Policy CD 14.6 (page 9-34).

2. Install additional shade trees along both street frontages.

3. Install the cultural monument out of the corner cutback area.

4. Further explore the articulation of the building elevations, thickness of the eaves, and the application of the accent colors.

5. Reduce the street-facing perimeter wall height to 5 feet.

FISCAL IMPACT:

As stated on page 4, the construction of the proposed 62-unit upscale apartment complex in Palm Springs is expected to generate substantial one-time and ongoing fiscal benefits to the City. Upon completion and occupancy, the project is expected to generate sustained fiscal benefits through annual property tax revenues of $270,000–$340,000, equivalent to roughly $4,000–$5,500 per unit per year. Resident spending will further support the local economy, adding an estimated $45,000–$50,000 in recurring annual sales tax revenue, while surrounding property values and business activity are expected to increase through secondary investment and neighborhood revitalization effects. Over a 20-year horizon, total local fiscal benefits are estimated to exceed $6–8 million, exclusive of long-term appreciation and inflation.

Item 1O - Page 13
City Council Staff Report
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Case CR-2025-0001 – Inspire Sunrise
REVIEWED BY:

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

A. Vicinity Map
B. Draft Resolution and Recommended Conditions of Approval C. Tribal/City Land Use Coordination Agreements
D. Inspire Sunrise Project Report
Item 1O - Page 14

ATTACHMENT A
Item 1O - Page 15
Department of Planning Services
Vicinity Map

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Item 1O - Page 16

ATTACHMENT B
Item 1O - Page 17
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING A
CONFORMITY REPORT FOR A 62-UNIT APARTMENT

DEVELOPMENT ON TRIBAL TRUST LAND AT THE

SOUTHWEST CORNER OF EAST ALEJO ROAD AND
NORTH SUNRISE WAY (APN: 508-060-017,
GOVERNMENT LOT 140); DIRECTING STAFF TO

TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF
THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND

WAIVING THE JOINT MEETING BETWEEN THE CITY
COUNCIL AND TRIBAL COUNCIL (CASE CR-2025-0001)”
WHEREAS, On December 15, 1998, the City Council of the City of Palm Springs (“City”) and the Tribal Council of the Agua Caliente Band of Cahuilla Indians (“Tribe”) entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe’s final approval and authority over projects on Tribal Trust Land.

WHEREAS, On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement (“Agreement”).

WHEREAS, On October 17, 2018, the City and the Tribe adopted an Amended and Restated Land Use Contract (“Contract”), superseding all prior agreements relative to Allotted Trust Lands, and reaffirming the authority of the Tribe to establish, impose and enforce land use controls relative to Tribal Trust Lands.

WHEREAS, On October 7, 2025, the Tribe submitted a Project Report to the City for “Inspire Sunrise,” a 62-unit apartment complex (“Project”) at an undeveloped 5-acre site located at the southwest corner of East Alejo Road and North Sunrise Way (APN:
508-060-017, Government Lot 140).

WHEREAS, the Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement.

WHEREAS, on November 12, 2025, the City Council conducted a public meeting and considered the matter, including the Project Report, the Administrative Review, the Conformity Report, and public testimony.

WHEREAS, the City Council has concluded that the proposed Project is generally consistent with the goals and objectives of the Section 14 Specific Plan, as proposed for amendment, and the City of Palm Springs General Plan, such that it is “...not deemed significant. . .” and also “is found to be conforming” under the terms of the Agreement and such that certain procedures may be waived under Section 7 of the Agreement.” Item 1O - Page 18
Resolution No. _____

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

SECTION 1. The Conformity Report, dated October 6, 2025, including the suggested conditions of approval contained in Exhibit A and attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe.

SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case No. CR-2025-0001), as outlined in the Agreement, is hereby waived:

Section 5. Joint Meeting.
“Within thirty (30) days (of the City Council’s adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.” ADOPTED THIS 12TH DAY OF NOVEMBER, 2025.

SCOTT C. STILES

CITY MANAGER
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1O - Page 19
Resolution No. _____

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 1O - Page 20
RESOLUTION NO._______

EXHIBIT A
Case CR-2025-0001
Southwest Corner of East Alejo Road & North Sunrise Way APN: 508-060-017, Government Lot 140
November 12, 2025

RECOMMENDED CONDITIONS OF APPROVAL
The recommended conditions below are provided by the Director of Planning Services, the Building Official, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition.

PLANNING DIVISION CONDITIONS
PLN 1. Outdoor Lighting Conformance. It is recommended that exterior lighting plans, including a photometric site plan showing the project’s conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized.

PLN 2. Water Efficient Landscaping Conformance. It is recommended that the project conform to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning Services for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency’s and the State’s Water Efficient Landscape Ordinances.

PLN 3. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Item 1O - Page 21
Conditions of Approval - Case CR-2025-0001
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Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing.

PLN 4. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City’s community-wide system and shown on the City’s master plan).

PLN 5. Impact Fees. The developer shall pay to the City or designated entity (e.g.

Palm Springs Unified School District) all related impact fees, including, but not limited to, sewer and drainage fees, public art fees, and regional impact fees (TUMF).

PLN 6. Maintenance and Repair. It is recommended that the property owner(s) and successors and assignees in interest shall maintain and repair the off-site improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner’s sole expense.

ENGINEERING DIVISION CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

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

STREETS
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ENG 1. It is recommended that any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.

ENG 2. It is recommended that Master planned roadways shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City.

ENG 3. It is recommended that upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the Public Improvements constructed by the applicant. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant’s Engineer of Record.

ENG 4. It is recommended that applicant submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits.

ENG 5. It is recommended that all Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval.

ALEJO ROAD
ENG 6. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted.

ENG 7. It is recommended the applicant Construct 6 inch curb and gutter 27 feet south of centerline along the entire frontage (and transition to existing improvements along the frontage of APN 508-060-038) with a 35 feet radius curb return, spandrel and cross gutter at southwest corner of Alejo Road and Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206.

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ENG 8. It is recommended the applicant construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Alejo Road and Sunrise Way and in accordance with City of Palm Springs Standard Drawing No. 212.

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

ENG 9. It is recommended the applicant Construct a 45 feet wide main entrance in accordance with City of Palm Springs Standard Drawing No. 205.

ENG 10. It is recommended the applicant Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 11. It is recommended the applicant Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 12. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced.

SUNRISE WAY
ENG 13. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line - corner cut-back at the southwest corner of Sunrise Way and Alejo Road, in accordance with City of Palm Springs Standard Drawing No. 105. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted
ENG 14. It is recommended the applicant remove existing curb and gutter and construct an 8 inch curb and gutter, 38 feet west of centerline along the Item 1O - Page 24
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entire frontage in accordance with City of Palm Springs Standard Drawing No. 200.

ENG 15. It is recommended the applicant construct a 30 feet wide entrance in accordance with City of Palm Springs Standard Drawing No. 205.

ENG 16. It is recommended the applicant Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210.

ENG 17. It is recommended the applicant Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 18. It is recommended the applicant Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards.

ENG 19. It is recommended to be in accordance with the Section 14 Master Specific Plan, the applicant shall plant shade trees and landscaping to separate pedestrians from traffic where feasible, as approved by Planning Department and the City Engineer. The landscaping shall be consistent with landscaping located at the northwest corner of Sunrise Way and Tahquitz Canyon Way. The applicant shall be responsible for the perpetual maintenance of the new trees and other parkway landscaping along the frontage.

ENG 20. It is recommended to be in accordance with the Section 14 Master Specific Plan, the applicant is to design and install an electrical system for installation of Sunrise Way decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as required by the City Engineer. The lighting system shall be installed and operational, and Item 1O - Page 25
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accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer.

ENG 21. It is recommended to construct a 14-feet wide raised, landscaped median island as specified by the City Engineer extending from Alejo Road to Desert Palms Drive. Design and construct applicable turn pockets. The median nose width shall be constructed 4 feet wide and shall have stamped colored concrete. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, or as approved by the City Engineer.

ENG 22. It is recommended to submit median landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Facilities. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant (applicant to enter into maintenance agreement with City) upon acceptance of the median landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. The median island landscaping shall have a similar design and plant palette as the median landscaping existing on Sunrise Way and Tahquitz Canyon Way.

ENG 23. It is recommended to construct a 170-feet long by 12-feet wide bus turn out to begin approximately 130 feet south of centerline of Alejo Road. Bus stop furniture and other accessories, as required by SunLine Transit Agency, shall be provided by the developer, as necessary.
a. Dedicate additional right-of-way concentric with the back of sidewalk adjacent to the bus turn-out.

ENG 24. It is recommended to construct an 8 feet wide sidewalk behind the curb concentric with the bus turn out in accordance with City of Palm Springs Standard Drawing No. 210

ON-SITE
ENG 25. It is recommended the minimum pavement section for all on-site pavement for private streets and drive isles shall be 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval.

ENG 26. It is recommended on-site private streets and drive isles shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept Item 1O - Page 26
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and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards.

SANITARY SEWER
ENG 27. It is recommended all sanitary facilities shall be connected to the public sewer system (via the proposed on-site private sewer system). New laterals shall not be connected at manholes.

ENG 28. It is recommended the on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Services Department for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes.

Sewer manhole covers shall be identified as “Private Sewer”. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division.

ENG 29. It is recommended the applicant Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits. All on-site sewer systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site sewer systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) required for this project.

ENG 30. It is recommended the project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of permits.

GRADING
ENG 31. It is recommended the applicant submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Item 1O - Page 27
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Springs Municipal Code, and shall be required to utilize one or more “Coachella Valley Best Available Control Measures” as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant’s or its contractor’s Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related “PM10” Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project-specific Final Water Quality Management Plan.

ENG 32. It is recommended prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI[email protected] to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring.

ENG 33. It is recommended the applicant In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations.

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ENG 34. It is recommended the temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed.

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

ENG 35. It is recommended Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer.

ENG 36. It is recommended A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009- DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit.

ENG 37. It is recommended this project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP) Meeting EPA standards (state requirements not required). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the upto-date SWPPP shall be kept at the project site and be available for review upon request.

ENG 38. It is recommended the applicant In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development.

ENG 39. It is recommended the applicant submit a Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan.

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ENG 40. It is recommended the applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval.

ENG 41. It is recommended the applicant In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved “Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties” (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone(760)782-3271,(562)505-6415),[email protected].

ENG 42. (RESERVED)

WATER QUALITY MANAGEMENT PLAN
ENG 43. It is recommended that this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development (if any).

ENG 44. It is recommended that a Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP’s) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP’s shall be incorporated into the Precise Grading and Paving Plan.

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DRAINAGE
ENG 45. It is recommended all stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention basin and other storm drainage facilities approved by the City Engineer shall be required.

ENG 46. It is recommended that this project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP’s) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP’s, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant’s responsibility to design and install appropriate BMP’s, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City’s municipal separate storm sewer system (“MS4”), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R’s) required for the development.

ENG 47. It is recommended the applicant submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.

ENG 48. It is recommended that all on-site storm drain systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R’s) required for this project.

GENERAL
ENG 49. It is recommended that any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern Item 1O - Page 31
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California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

ENG 50. It is recommended that all proposed utility lines shall be installed underground.

ENG 51. It is recommended that nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D.

ENG 52. It is recommended that all proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904.

MAP
ENG 53. It is recommended the developer shall apply for an annexation to the City of Palm Springs Community Facilities District (2007-1) established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application.

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

ENG 54. It is recommended a Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Services Department as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits.

ENG 55. It is recommended In accordance with Government Code Section 66411.1, the Tentative Parcel Map is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer and secured by a construction agreement and a maintenance and warranty Item 1O - Page 32
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bond (held for one year upon acceptance) in accordance with Government Code Section 66462.

ENG 56. It is recommended that upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the “Guidelines for G.I.S. Digital Submission” from the Riverside County Transportation and Land Management Agency.” G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following:

ArcGIS Geodatabase, ArcView Shapefile, ArcInfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer.

TRAFFIC
ENG 57. It is recommended a minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property.

ENG 58. It is recommended to submit traffic striping plans prepared by a California registered civil engineer, for review and approval by the City Engineer prior to issuance of any encroachment or building permits. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy.

ENG 59. It is recommended to relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the southwest corner of Alejo Road and Sunrise Way in accordance with the requirements of the City of Palm Springs. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer or traffic engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of the Certificate of Occupancy, unless otherwise allowed by the City Engineer.

ENG 60. It is recommended that all damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, Item 1O - Page 33
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associated with the proposed development shall be replaced as required by the City Engineer.

ENG 61. It is recommended that striping for a 5 feet wide bike lanes per the Section 14 Master Plan as required by the City Engineer.

ENG 62. It is recommended that stop signs, stop bars, and “STOP” legends be installed for traffic exiting the development in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer.

ENG 63. It is recommended that construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction.

FIRE DEPARTMENT CONDITIONS
The Fire Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.

FID 1. These Fire Department conditions may not provide all requirements.

Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review.

FID 2. Fire Department Conditions were based on the 2022 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix “T” Development Requirements. This building will require fire sprinklers.

FID 3. Conditions of Approval – “Conditions of Approval” received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval.

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FID 4. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs.

FID 5. Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official.

FID 6. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet.

FID 7. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus.

FID 8. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering “ NO PARKING FIRE LANE”, or by approved signage, or by both red curb with lettering and signage.

FID 9. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads.

FID 10. Private Fire Hydrants: Additional private hydrants may be required.

FID 11. Security Gates: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch™, or approved equal, and an approved Knox key switch when required by the fire code official. Secured nonautomated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼ inch) when required by the fire code official.

FID 12. Residential Smoke Alarms Required: Shall be interconnected so that operation of any smoke alarm or fire sprinkler flow switch causes all smoke Item 1O - Page 35
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alarms within the dwelling & guest house to sound and activate the exterior horn/strobe
FID 13. NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA Standard 13R, 2022 Editions, as modified by local ordinance.

END OF CONDITIONS
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ATTACHMENT C
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Z Attachment 4
APPENDIX 4

AGREEMENT FOR TRIBAL CITY TRIBAL/CITY LAND COORDINATION ON CERTAIN PARCELS AGREEMENT #1324A R19450, 1-6-99

THIS AGREEMENT FOR TRIBAL CITY LAND USE REVIEW ON CERTAIN PARCELS (“Agreement”) is made this 15th day of December, 1998 by and between the AGUA CALIENTE BAND OF CAHUILLA INDIANS, acting through its Tribal. Council (the “Tribe”), and the CITY OF PALM SPRINGS, CALIFORNIA, acting through its City Council, a municipal corporation (the City). This Agreement is made with reference to the following:

RECITALS:

A. WHEREAS, the Tribe is a federally recognized Indian tribe which exercises its sovereign authority over the lands of the Agua Caliente Indian Reservation according to a constitution approved by the Commissioner of Indian Affairs, as well as applicable federal law, with portions of the City of Palm Springs located within the boundaries of federal Indian reservation; and
B. WHEREAS, the city of Palm Springs is a charter city, possessing lull powers with respect to municipal affairs to regulate the territory under its jurisdiction and in accordance with the California Constitution, its Charter and State law. The trust land of the Agua Caliente Indian Reservation are interspersed in a checkerboard pattern within that portion of the City located within the Reservation; and
C. WHEREAS, both the Tribe and the City wish to cooperate in promoting the orderly and expeditious use and development of all lands of the Agua Caliente Indian Reservation to their highest and best use consistent with principles of sound planning and the sovereignty of the tribe; and
D. WHEREAS, on July 26, 1977. the Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the “Land Use Agreement”), adopted by city Council Resolution No. 12298. Pursuant to that Agreement, the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and
E. WHEREAS, the Land Use Agreement has been amended from lime to time, by Supplements 2, 3, and 4, and most recently by Supplement No. 5. which would exempt all land acquired by the Tribe from regulation by the City, including: Application of all laws, ordinances, and codes; application of all fees, including drainage, sewer, school, Uniform Transportation Mitigation fees, building and other fees. The taking of title to parcels into trust Z Attachment 4:1 Supp 0, Xxx 20xx
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by the United States for the tribe would exempt such property from regular City taxes such as property taxes, sales taxes, transient occupancy taxes, and others; and F. WHEREAS, the Tribe has generally supported development consistent with the City’s General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and
G. WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment if given in a timely manner.

The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City’s and the Tribe’s normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-Tribal land should make a fairshare contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City.

IN CONSIDERATION OF THE FOREGOING, THE PARTIES HEREBY AGREE AS FOLLOWS:

1. Pre-Submittal.

Prior to the initiation of a Project on Tribal Land and initiation of the process detailed below, the Tribe, where feasible, will consult with the City to determine the scope and significance of the Project and its appropriate level of review. This consultation will normally, but not necessarily, be satisfied by a meeting between the Tribal Planning Department and City Department of Planning and Building.

2. Submission of Report.

When any new development or substantial expansion or renovation of a project is proposed on land located within the Reservation and has been acquired by the Tribe, at least ninety (90) days prior to Tribal approval of the project including preliminary or schematic design, the Tribe shall submit to the City a report on the Project (“Project Report”). As used herein, “Reservation” means those lands whose legal description is set forth in Exhibit A hereto. The Project Report shall include a description of the Project, the preliminary or schematic plans and drawings for the Project, environmental documents per NEPA, if any, or any equivalent Tribal document, an analysis of the compatibility of the proposed Project with the City’s and the Tribe’s development standards, an analysis of the fiscal impact of the Project and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe. The Tribe shall provide any explanation of any of the foregoing, as they shall deem reasonable or necessary. The Indian Planning Commission, and other Tribal bodies, will develop this report in accordance with applicable federal and Tribal law.

The level of detail provided in the Project Report should be as follows: if a minor project, then similar to the level of detail normally required by the City for architectural review; if a major project, then similar to the level of detail which would be required by the City for Planned Development District permit. The determination of whether a project is major or minor shall require the agreement of Z Attachment 4:2 Supp 0, Xxx 20xx
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the chief staff planning official of each party but, in the event of a disagreement, the opinion of the Tribe’s planning official shall govern. It is the intent of the parties that this process be undertaken, not at the point at which the land is acquired by the Tribe, but when development is contemplated, and when the development is contemplated, and when the development can be described and its impacts forecast.

3. Administrative Review.

Upon receipt of a Project Report, the City Manager shall distribute the Project Report to appropriate departments, including Police, Fire, Finance, Public Works, Planning and Building and such other departments as the City Manager shall deem relevant, such as Parks and Recreation, Tourism, Economic Development, and so forth. It shall be the purpose of this administrative review to determine how well the Project conforms with the City’s existing rules and regulations; any health and safety, or welfare concerns; the adequacy of police and fire safety services, and other services of the city necessary for the Project; compatibility of the project with surrounding properties; and the fiscal impact of the Project. The purpose of the fiscal impact analysis shall be to determine whether the Project will pay the normal City fees, taxes charges, and assessments; to the extent that any of such revenues will not accrue to the city, what will be the resulting financial impact therefrom; what other direct and indirect financial impacts, negative or positive, will result and what the overall economic impact will be of the Project on the city. Within thirty (30) days of the City Manager’s receipt of the Report from the Tribe, the City shall prepare the “Administrative Analysis” of the foregoing information and shall submit the Administrative Analysis to the City Council for its review and approval.

4. City Council Conformity Report.

The City Council shall have thirty (30) days from the submission of the Administrative Analysis to prepare the City Council’s Conformity Report (“Conformity Report”). The Conformity Report shall be adopted by the City Council at a public meeting. At the same time that the City Manager submits the Administrative Report to the City Council, a copy of the same shall be submitted to the Tribe. The Tribe shall have ten (10) days to prepare its comments on the Administrative Analysis for submission to the City Council to be considered at the time the City Council determines the Conformity Report. The Conformity Report shall contain the same subject matter as the Administrative Analysis.

5. Joint Meeting.

Upon the City Council’s adoption of the Conformity Report, the Project Report shall be immediately submitted to the Tribal Council. Within thirty(30)days, the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the Project more conforming with the rules, regulations, and ordinances of both the City and the Tribe.

6. Final Tribal Action.

At the Joint Meeting, or following the Joint Meeting, the Tribal Council may take any action authorized by its Constitution, Bylaws, rules, and ordinances concerning the Project. The Tribal Council shall be free to disregard any or all comments in the Z Attachment 4:3 Supp 0, Xxx 20xx
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Conformity Report or otherwise made by the City Council and may approve or modify the Project in any way the Tribal Council deems appropriate. It is expressly understood by the parties hereto that the Tribal Council retains full and complete sovereignty to administer Tribal lands in accordance with the Constitution, Bylaws, and Ordinances of the Tribe and applicable federal law. This Agreement deals solely with the consultation process in which the City is being given the opportunity to review and comment on certain projects being undertaken by the Tribe, and the Tribal Council retains full and complete authority to make final decisions concerning the development of Tribal Land under its Constitution and applicable federal and Tribal law.

7. Waiver.

With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated.

8. Amendments.

This Agreement maybe amended by mutual agreement by the parties, provided that neither party may terminate this Agreement, without prejudice to any legal position thereafter asserted, upon thirty (30) days written notice to the other party.

9. Approval.

This Agreement shall be approved by Resolutions of the Tribal Council and the City Council.

10. Lands Located Inside Reservation and Owned in Fee by Parties Other than the Tribe.

This Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of parcels of land located within the Reservation, which are owned in fee by parties other than the Tribe. The parties recognize that federal law already allocates such jurisdiction over such parcels.

11. Lands Located Outside Reservation.

The parties recognize that federal law provides to the City notice and an opportunity to express its views on the subject of the proposed taking of title into trust for the Tribe of parcels located outside the Reservation but within the city limits of the City in 25 CFR. § 151.11(d), as well as time in which to challenge such a proposed action before it occurs, in 25 C.R.F. § 151.12(b). Otherwise, this Agreement will not affect, alter, increase, or decrease in any way the jurisdiction that either the City or the Tribe may have over the use or development of such parcels of land. The parties recognize that federal law already allocates such jurisdiction over such parcels.

IN WITNESS WHEREOF, the parties have executed this Agreement by their respective authorized officers on the day and year first above written.

CITY OF PALM SPRINGS, CALIFORNIA
a municipal corporation.

Will Kleindienst, Mayor
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Attest:

Judith Sumich, City Clerk
Approved as to form:

David Aleshire, City Attorney
Approved by the City Council
By Res. No. 19450, 1-6-99, A1324-A

AGUA CALIENTE BAND OF CAHUILLA

INDIANS,
a federally-recognized Indian tribe
By:

Richard M. Milanovich, Chairman
Approved as to form:

Art Bunce, Tribal Attorney
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ATTACHMENT D
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Inspire Sunrise

PROJECT REPORT
Prepared by:

AGUA CALIENTE BAND OF CAHUILLA INDIANS
5401 Dinah Shore Drive
Palm Springs, CA 92264
October 6, 2025
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i

TABLE OF CONTENTS
Sections
I. INTRODUCTION.................................................................................................................. 1 II. EXISTING CONDITIONS ..................................................................................................... 2 III. STATEMENT OF PROJECT.................................................................................................... 2 IV. ARCHITECTURAL AND LANDSCAPE CONCEPT ................................................................. 5 V. ENVIRONMENTAL ANALYSIS ............................................................................................. 5 VI. TENTATIVE PARCEL MAP NO. 39368.................................................................................. 6 VII. FISCAL IMPACT ANALYSIS................................................................................................. 6 Tables
TABLE 1 DEVELOPMENT STANDARDS COMPARISON ........................................................ 4 Exhibits

EXHIBIT A PROJECT SITE LOCATION

EXHIBIT B EXISTING SITE CONDITIONS

EXHIBIT C PROJECT SITE PHOTOS

EXHIBIT D SITE PLAN

EXHIBIT E ARCHITECTURAL ELEVATIONS

EXHIBIT F BUILDING RENDERINGS

EXHIBIT G FLOOR PLANS

EXHIBIT H PRELIMINARY LANDSCAPE PLAN
EXHIBIT I TENTATIVE PARCEL MAP NO. 39368
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1 I. INTRODUCTION
Inspire Sunrise (the “Project”) is a 62-unit, attached, upscale residential apartment development proposed to be constructed on approximately five acres of Tribal Trust land (the “Project Site”) of the Agua Caliente Band of Cahuilla Indians (the “Tribe”).

The Project Site is located within Section 14, Township 4 South, Range 4 East of the San Bernardino Base and Meridian, Palm Springs, California, on the Agua Caliente Indian Reservation at the southwest corner of Sunrise Way and Alejo Road. (See Exhibit A, Project Site Location Map).

As part of the project approval process and pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on Certain Parcels (the “Land Use Coordination Agreement”) with the City of Palm Springs (the “City”) dated December 15, 1998, the Tribe has prepared this report on Inspire Sunrise (the “Project Report”) for the City’s administrative review. The following key Tribal and/or City actions establish the project approval process for Tribal lands:

1. On July 26, 1977, the Tribe and the City entered into Agreement No. 1324 (the “Land Use Agreement”) adopted by City Council Resolution No. 12298. Pursuant to the Land Use Agreement, the parties agreed that applications for issuance of permits and development pertaining to Indian Trust lands would initially be processed through the City, with the City collecting its normal fees and charges.

Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council, with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust lands, with the decision of the Tribal Council being final, after considering the recommendation of the Indian Planning Commission, as well as applicable Federal and Tribal law.

2. On January 5 and July 27, 1995, the City and the Tribe amended the Land Use Agreement with Supplement Nos. 3 and 4, respectively, which exempted certain Tribal lands from the Land Use Agreement.

3. On December 15, 1998, the Tribe and City entered into the aforementioned Land Use Coordination Agreement, which provides for City review and comment on projects exempted from the Land Use Agreement, while retaining the Tribe’s final approval and authority over projects on Tribal land.

4. On February 3, 1999, the City and the Tribe amended the Land Use Agreement with Supplement No. 5, which exempted all Tribal lands from the Land Use Agreement subject to the Land Use Coordination Agreement process.

5. On October 17, 2018, the City and the Tribe entered into an Amended and Restated Land Use Contract (the “Contract”) that superseded all prior agreements regarding land use between the Tribe and the City, including the Land Use Agreement and all supplements and amendments. As with the prior Land Use Item 1O - Page 46
Inspire Sunrise Project Report October 6, 2025
2 Agreement, the Contract exempts all Tribal lands which are then subject to the Land Use Coordination Agreement process.

This Project Report serves as an expanded project description and goes “hand in hand” with other submittal documents including technical reports and other pertinent information. The proposed Project will be developed to the standards of development identified in this Project Report.

II. EXISTING CONDITIONS
Project Site
As shown on Exhibit B, Existing Site Conditions Map, the Project Site is vacant undeveloped land covered with scattered creosote brush. There is no curb, gutter, or public sidewalk installed along the northern edge of the Project Site, and the eastern edge only has curb and gutter with a partial sidewalk extending approximately 100’ south from the intersection of Alejo and Sunrise to an existing Sunline Transit Stop. (See Exhibit C, Project Site Photos). Utility connections for water, sewer, natural gas, electricity, and telecommunication services are available, and the public streets fronting the Project Site include Sunrise Way to the east and Alejo Road to the north.

Surrounding Land Uses
Land uses on adjacent properties include:
• North – Single-Family Homes across Alejo Road
• West – United Methodist Church of Palm Springs
• South – United States Post Office
• East – Americana Gardens Condos across Sunrise Way
III. STATEMENT OF PROJECT
Family Development acting as Family Forward Communities, LLC (the “Developer”), through a ground lease with the Tribe, is proposing to build a gated residential community comprised of 62 upscale apartments with the following features:
• 13 two-story buildings with either four or five attached apartment units; • Units will range from 682 – 1,067 square feet;
• One bedroom with one bath and two bedrooms with two baths floor plans; • Forty-two attached two-car garages and twenty attached one-car garages; • Twenty-seven guest parking spots, two of which will be ADA accessible; • First-floor units include enclosed private patios;
• Second-story units include balconies;
• Communal recreational amenities include a pool, spa, and a dog park; and • Modern architecture.

Item 1O - Page 47
Inspire Sunrise Project Report October 6, 2025
3 The Site Plan for the Project is included as Exhibit D, and the Architectural Elevations, Building Renderings, and unit Floor Plans, are provided as Exhibits E, F, and G, respectively. The Preliminary Landscape Plan, for the Project is included as Exhibit H.

The Project will be gated with the apartments fronting internal 24-foot-wide private roadways. Two entrances/exits provide access to the Project: a main driveway off Alejo Road with enhanced paving and a secondary emergency access point at the southeast corner off Sunrise Way. In addition to the one- and two-car garages provided for the apartments, twenty-seven guest parking spaces are positioned throughout the development. A landscape parkway with six-foot privacy walls is provided along the Project street frontages, and a decorative six-foot wall will be installed along the southern and western property boundaries.

Upon completion of construction, the Developer will contract with a professional management company that will be responsible for operating and maintaining the development.

A. Property Development Standards
Pursuant to the Land Use Coordination Agreement, the Project Report shall include “an analysis of the compatibility of the proposed Project with the City's and the Tribe's development standards and a statement identifying any manner in which the Project would be exempt from, or not conform to, any ordinance, rule, regulation, or standards of the City or of the Tribe.”
While the Project is located within the Section 14 Specific Plan (the “Specific Plan”) area, it is located on Tribal lands that are not subject to City land use regulations. As a result, the Specific Plan serves as a guiding framework, but does not bind the Tribe in its decision to approve the Project. Under the Specific Plan, the Project Site is designated Medium Density Residential (MR) where multi-family residences are permitted subject to the development standards of the “R-2” limited multiple-family residential zone; however, if this Project were subject to City standards/regulations, the following development standards would need to be modified through the approval of a Planned Development District:
• Minimum open space; and
• Maximum lot coverage.

With or without the approval of a Planned Development District, the Project supports the Specific Plan’s residential vision by contributing to the “healthy variety of residential use types” in Section 14, and by offering a product that “will attract permanent residents, including seniors, who will be served by the expanded services provided in the area.” The Project Site is also directly “connected by an enhanced walkway/bikeway network that leads to the streets with commercial activity.” Table 1 on the following page compares the proposed development standards for the Project against the allowed/required standards of the MR/R-2 Zone with the above-identified Planned Development District modifications.

Item 1O - Page 48
Inspire Sunrise Project Report October 6, 2025
4 Table 1 – Development Standards Comparison
Section 14 Specific Plan
Property Development Standard
Currently
Allowed/
Required
Planned
Development
District
Proposed
Project
Complies?
(yes/no)
Maximum Density1 15 du/ac No Change 15 du/ac2 Yes
Minimum Lot Area3 20,000 sq. ft. No Change 4.13 acres4 Yes Minimum Lot Dimensions5
Width 170’ No Change 290’ Yes
Depth 175’ No Change 616’ Yes
Minimum Open Space6 50% 40.7% 40.7% Yes7
Maximum Lot Coverage8 30% 32.5% 32.5% Yes7
Maximum Building Height9 24’ No Change 23’6.5” Yes
Minimum Distance Between Buildings10 15’ No Change 16’ Yes Minimum Setbacks (to buildings)
Alejo Road11
Sunrise Way12
Interior Side/Rear Yard13
30’
30’
10’14/23’6.5”15
No Change
No Change
No Change
30’
48’2.4”
20’6”/44’2.4”
Yes
Yes
Yes
Maximum Wall Height16 6’ No Change 6’ Yes
Minimum Parking Spaces17 102 No Change 131 Yes
1 Section 4.1.2 of the Section 14 Specific Plan. 2 62 units/4.13 net acres = 15 du/acre. 3 Palm Springs Municipal Code (PSMC) 92.03.03(A). 4 Net Project Site acreage, less existing rights-of-way for Sunrise Way and Alejo Road. 5 PSMC 92.03.03(B). 6 PSMC 92.03.04. 7 With the approval of a Planned Development District per section 94.03.00 of the Palm Springs Municipal Code. 8 PSMC 92.03.03(L). 9 Table 6-3 of the Section 14 Specific Plan. 10 PSMC 92.04.03(F). 11 PSMC 92.04.03(E)(3)(e). 12 PSMC 92.04.03(E)(2)(b). 13 PSMC 92.04.03(E)(3)(a) & (E)(4)(a). 14 Minimum setback to single story building elevation. 15 Minimum setback to second story building elevation.
16 PSMC 93.02.00(E)(2)(b). 17 PSMC 93.06.00(D)(31)(b).

As Table 1 illustrates, with the proposed revisions to minimum open space and maximum lot coverage requirements, the Project complies with all MR/R-2 development standards that would be established through the approval of a Planned Development District.

The minimal increase in lot coverage and open space reduction are necessary to achieve the highest and best use of Tribal land consistent with the purpose and intent of the Specific Plan and the creation of high quality, multi-family development in an urban setting.

Item 1O - Page 49
Inspire Sunrise Project Report October 6, 2025
5 B. Circulation
A central gated entrance off Alejo Road provides access to the Project, with an additional secondary emergency access point located at the southeast corner off Sunrise Way. Internal circulation is provided by 24' wide private streets with 27 guest parking spaces (two ADA) positioned throughout the development. Eight-foot-wide public sidewalks adjacent to landscape parkways will provide pedestrian connectivity along Alejo Road and Sunrise Way, which streets will be fully built out along the Project frontage. Pedestrian gates are provided near the main entrance and at the southeast corner of the Project providing direct access to the adjacent public streets.

IV. ARCHITECTURAL AND LANDSCAPE CONCEPT
The Project will consist of 13 two-story buildings with modern architecture, comprised of either four or five apartments with varying layouts. Communal recreational amenities are provided at the northeast and southwest corners of the Project Site and include a pool and spa with restroom facilities and a BBQ area, and a dog park (see Exhibits E and H).

As shown on Exhibit H, Project landscaping includes a variety of low maintenance plant species that meet water efficiency requirements. The landscape parkways along Alejo Road and Sunrise Way include trees that provide shade for pedestrians.

In addition to the requirements of Chapter 5.12, Property Maintenance Standards, of the Agua Caliente Tribal Code, the Developer will be bound by the ground lease with the Tribe to maintain all common area landscaping, including the landscape parkways along Alejo Road and Sunrise Way.

V. ENVIRONMENTAL ANALYSIS
The Section 14 Specific Plan was comprehensively amended in 2016, and an Initial Study/Environmental Assessment (IS/EA) was prepared at that time to assess the shortterm, long-term, and cumulative environmental impacts that could result from future development under the amended Specific Plan. The 2016 IS/EA had been prepared to comply with Section 15063 of the State California Environmental Quality Act (CEQA) Guidelines, and National Environmental Policy Act (NEPA) regulations as mandated by 40 CFR 1500-1508 and implemented by the Bureau of Indian Affairs (BIA) NEPA Handbook (59 IAM 3-H). In addition, the 2016 IS/EA tiered from, and incorporated by reference, the 2002 Environmental Impact Report/Environmental Impact Statement (EIR/EIS) prepared for the original 2004 Section 14 Master Development Plan/Specific Plan.

Pursuant to the Tribal Environmental Policy Act (TEPA), codified as Chapter 5.04 of the Tribal Code, an environmental assessment shall be performed and prepared for every proposed major Tribal action; however, the term "major Tribal action" does not include such actions which are otherwise subject to environmental review under either federal or state law. Since the 2016 IS/EA prepared for Section 14 Specific Plan was Item 1O - Page 50
Inspire Sunrise Project Report October 6, 2025
6 intended to cover future development within the plan area, and it was prepared pursuant to CEQA and NEPA and adopted by the City and BIA, no further environmental review is required for this Project under TEPA.

The Project would also be considered categorically exempt from further CEQA review as it meets the criteria established in Section 15332 (Class 32 – “In-Fill Development Project”) of the CEQA Guidelines, as it’s generally “consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.” Notwithstanding these TEPA and CEQA exemptions, the Project will be conditioned to comply with all applicable measures included in the 2016 IS/EA and 2002 EIR/EIS.

VI. TENTATIVE PARCEL MAP NO. 39368
A tentative parcel map has been prepared for the proposed Project, for lease purposes, consisting of one numbered lot for the 62 apartments and private common areas, and three lettered lots for the public rights-of-way along the perimeter of the Project (see Exhibit I).

VII. FISCAL IMPACT ANALYSIS
The Project will be conditioned to pay the standard development impact fees typically imposed by the City of Palm Springs, including, but not limited to, sewer and drainage fees, public art fees, park (Quimby Act) fees, regional traffic impact (in-lieu TUMF) fees, school fees, etc. In addition, a Community Facilities District (CFD) will be formed, or the Project will be annexed to an existing CFD, under which a special tax will be levied based on the number of residences in the Project. This special tax pays for new police, fire protection and suppression, and life safety services of the City required to sustain the service delivery capability for emergency and non-emergency services to new growth areas. Therefore, with the incorporation of these fees and taxes, the Project will have a negligible impact on public services, while having a beneficial impact to the local economy by providing more housing opportunities in the City.

Item 1O - Page 51
Inspire Sunrise Project Report October 6, 2025
EXHIBIT A – PROJECT SITE LOCATION
Item 1O - Page 52
Inspire Sunrise Project Report October 6, 2025
EXHIBIT B – EXISTING SITE CONDITIONS
Item 1O - Page 53
Inspire Sunrise Project Report October 6, 2025
EXHIBIT C – PROJECT SITE PHOTOS
Northeast Corner looking Southwest
Northwest Corner looking Southeast
Southeast Corner looking Northwest
Item 1O - Page 54
Inspire Sunrise Project Report October 6, 2025
EXHIBIT D – SITE PLAN
ACCESS
' .,,,. I '----=
- n ~
- - - - UNRISE W - '41) ._ ,------ ..._
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Iii FAMILY FORWARD

COMMUNIT I ES

SITE PLAN

SITE PLAN SUMMARY

EXISTINGZOONG
NETSITEAREA 4.13 ACRES
62 UNITS

15.0 DU/AC

RESIDENTIAL SUMMARY
13,6-40 32'l
7,500 16'11,
1,061 '·"' "°" 6,312
1,067 21,340
62 55,158 100%

PARKING SUMMARY

BULOINGCOVERAGE
ROf,()S,PAAKING&ORIVEWAYS
PROJECT NOTES:
102 131
180,070

INDIVIDUAL TRASH CANS WILL BE USED BY RESIDENTS,
TO BE STORED IN GARAGE IN DESIGNATED SPOTS.

SEE LANDSCAPE PLANS FOR GATES, WALL AND
FENCING OET AILS.

SEE LANDSCAPE PLAN FOR EXTERIOR LIGHTING
DETAILS.
~
w ffi;;, --- O 30'

DANIELIAN
60'
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Item 1O - Page 55
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.1 – ARCHITECTURAL ELEVATIONS (4 PLEX)

PALM SPR INGS, CA

FAMILY FORWARD

COMMUN I T IES
... """c+----1
• t
LEFT
/
\
4 PLEX ELEVATIONS

KEYNOTES
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Item 1O - Page 56
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.2 – ARCHITECTURAL ELEVATIONS (4 PLEX)
t
RIGHT
REAR

KEYNOTES
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----~---------------~~ == DANIE$ ~ LS
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Lil 4 PLEX ELEVATIONS

PALM SPRINGS, CA

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Item 1O - Page 57
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.3 – ARCHITECTURAL ELEVATIONS (5 PLEX)

PALM SPR INGS, CA
(ii FAMILY FORWARD

CO M MU NI T I ES
5 PLEX ELEVATIONS

KEYNOTES
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El WJNCOI.OA·SW7757HIGHREFLECTIVEWHTE
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Item 1O - Page 58
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.4 – ARCHITECTURAL ELEVATIONS (5 PLEX)
RIGHT
~-~------------------------~--,-------------------------4-;::;-~, ___ j_•'!..(• ... ! •
REAR
(ii

PALM SPRINGS, CA

FAMILY FORWARD

COMMUNIT I ES
5 PLEX ELEVATIONS

KEYNOTES
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Item 1O - Page 59
Inspire Sunrise Project Report October 6, 2025
EXHIBIT E.5 – ARCHITECTURAL ELEVATIONS (COLOR / MATERIAL BOARD)

COLOR / MATERIAL BOARD
STUCCO, PAINTED • MAIN
SW 7757 HIGH REFLECTIVE WHITE

ENTRY DOOR, PAINTED
SW 6789 BLUE MOSQUE

ENTRY DOOR, PAINTED
SW 6551 PURPLE PASSAGE

ENTRY DOOR, PAINTED
SW 6571 CYCLAMEN
(ii

GARAGE DOORS, PAINTED
SW 7660 EARL GRAY

PALM SPRINGS , CA

FAMILY FORWARD

COMMUNITIES

COLOR / MATERIAL BOARD
- -
- -

METAL LOUVERS, PAINTED
SW 7622 HOMBURG GRAY

VINYL WINDOWS
BLACK

STUCCO, PAINTED - ACCENT
SW 7652 MINERAL DEPOSIT
~

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Item 1O - Page 60
Inspire Sunrise Project Report October 6, 2025
EXHIBIT F.1 – BUILDING RENDERINGS (4 PLEX FRONT PERSPECTIVE) 4 Plex -- Front Perspective Sun Study

SU NRISE

PALM SPRINGS, CA

FAMILY FORWARD

COMMUNITIES
Item 1O - Page 61
Inspire Sunrise Project Report October 6, 2025
EXHIBIT F.2 – BUILDING RENDERINGS (4 PLEX GARAGE ELEVATION) 4 Plex -- Garage Elevation Sun Perspective

SUNRIS E

PALM SPRINGS, CA
(ii

FAMILY FORWARD

COMMUNITIES
Item 1O - Page 62
Inspire Sunrise Project Report October 6, 2025 EXHIBIT F.3 – BUILDING RENDERINGS 5 PLEX FRONT PERSPECTIVE) 5 Plex -- Front Perspective Sun Study INS Pim SUNRIS E

PALM SPRINGS, CA

FAMILY FORWARD

COMMUNITIES
Item 1O - Page 63
Inspire Sunrise Project Report October 6, 2025
EXHIBIT F.4 – BUILDING RENDERINGS (5 PLEX GARAGE ELEVATION) 5 Plex -- Garage Elevation Sun Perspective

SUNRISE

PALM SPRINGS, CA
(ii

FAMILY FORWARD

COMMUNITIES
Item 1O - Page 64
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.1 – FLOOR PLANS (4 PLEX - FIRST FLOOR)
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[i) FAMILY FORWARD

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4 PLEX FIRST FLOOR PLAN DANIELIAN
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Item 1O - Page 65
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.2 – FLOOR PLANS (4 PLEX - SECOND FLOOR)
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(ii FAMILY FORWARD

COMMUN I T I ES
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Item 1O - Page 66
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.3 – FLOOR PLANS (5 PLEX - FIRST FLOOR)
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5 PLEX FIRST FLOOR PLAN DANIELIAN
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Item 1O - Page 67
Inspire Sunrise Project Report October 6, 2025
EXHIBIT G.4 – FLOOR PLANS (5 PLEX - SECOND FLOOR)
I UNIT B3, 2-BEDROOMI D 1,067SF
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PALM SPRINGS, CA
(ii FAMILY FORWARD

COMMUNITIES
5 PLEX SECOND FLOOR PLAN DANIELIAN
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Item 1O - Page 68
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.1 – PRELIMINARY LANDSCAPE PLAN (OVERALL ILLUSTRATIVE PLAN) l\\''<'-,,j
l -1 - ~-9JSSTOP BENCH
SUNRISE WAY IEFER TO PERIEIER TO BE FELOCATED PSI~
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• " CALLl&~ VIMNAJ...15 . ..... """' "Lltll.E .IOI-ti' eotrl.E~ . . ERlCAMERiALARICIFOLIA 02LOW ~t-lE!!USM"
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•
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Item 1O - Page 69
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.2 – PRELIMINARY LANDSCAPE PLAN (INTERIOR/PERIMETER/ENTRY PLANTING)

FAMILY FORWARD

COMM U N I T IE S

INTERIOR PLANTING
SUNRISE WY.

PERIMETER PLANTING

I INSPIRE SUNRISE
IRl11111ltd'f tijliilli

PATINA FINSH STEEL

RAISED PLANTER

ENTRY PLANTING
6' HT. PERIMETER WALL

CALL BOX
•
•
Item 1O - Page 70
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.3 – PRELIMINARY LANDSCAPE PLAN (POOL CONCEPT)

FAMILY FORWARD

COMMUN I T I ES

SHADE STRUCTURE
ACCENT PAVER 12' X 24'
REFER TO ARCHTECrs
PLANS
880.

SUNRISEWY.

SHADE ME
6' HT. RWALL
RASE!) PLANTER
•
•

RAISED PLANTER
Item 1O - Page 71
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.4 – PRELIMINARY LANDSCAPE PLAN (CORNER MONUMENT/DOG PARK)

FAM ILY FORWARD

COMMUN I T IE S
SUNRISE WY.

CORNER MONUMENT

STEEL PANEL

PLANTER
'PATINA' FIN ISf-4
DG AlH

CORNER MONUMENT
_J 6' HT. PERIMETER WALL
BENCH
•
•
S HT. DOG FENCE

DOG PARK
Item 1O - Page 72
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.5 – PRELIMINARY LANDSCAPE PLAN (PROJECT ENTRY GATE/PERIMETER WALL) PROJECT SIGN SCALE, JI" • 1'0 "
8" x 8" x 16" Shadow Block
Sf-4ADOW BLOCK

PERIMETER WALL

FAMILY FORWARD
GATE ELEVATION SCALE, Jl"•I'<!>"
8" x 8" x 16" Hi-Lite Mark I

PRECISION BLOCK COLOR, NATURAL GREY

LOUVERED FENCE
•
RAISED PLANTER •
Item 1O - Page 73
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.6 – PRELIMINARY LANDSCAPE PLAN (PROJECT TREES/PLANTS) TREES:

DATE PALM WASl-l lNGTONIA FILIFERA
DESERT ACCENTS:

GOLDEN BARREL CACTUS

DASYLIRION LONGISSIMUM

FAMILY FORWARD

COMMUM I T I ES
ARTICl-lOKE AGAVE

OFUNTIA SANT A RITA
F ISTACIA Ci-l lNENSIS
•
AGAVE DESMETTIANA 1-lESFERALOE F. DESERT FLAMENCO
•
AGAVE GEMINIFLORA EUFl-lORBIA-ANTISYFl-lALL ITICA ASCLEF IAS SUBULAT A Item 1O - Page 74
Inspire Sunrise Project Report October 6, 2025
EXHIBIT H.7 – PRELIMINARY LANDSCAPE PLAN (PROJECT PLANTS/GRASS) St-1RUBS 4 GRASSES:

MUl-lLENBERGIA CAPILLARIS CARISSA " GREEN CARPET" LANTANA " PURPLE TRAIL ING"

RUSSELIA EQUISETIFORMIS CALLISTEMON VIMINALIS
CARISSA M. "BOXWOOD BEAUTJ"

FAMILY FORWARD

COMM U N I T I ES
LEUCOPl-l,LLUM LANGMANIAE
ROSMARINUS 0 . " 1-lUNTINGTON CARPET" STIPA T. "MEXICAN FEATl-lER GRASS" •
LEUCOPl-l,LLUM P. SIERRA BOUQUET OLEA E. "L ITTLE OLL IE" •
Item 1O - Page 75
Inspire Sunrise Project Report October 6, 2025
EXHIBIT I – TENTATIVE PARCEL MAP NO. 39368
NWCOIIOflHEW1/2,0fl'H[NE1/4,
Of11£NE!/', Ofl'HENE1/4,SCCT.
l4, l4S.,R,4E.,S88MF(l(JN)l"IRON
PIP!: QIU ~ J" PER M8 417\~-116
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N£1/4,0fTtiENE1/4,SCCT.H,T.<!S .. R.4 (., SBBM NOl'nlNGFCIJN)PQSITIOH ESTWSHCD ltlllO-Pt!H...,_OCNlM:P(Rr.18 41 7\94-96
'"""' "'"" ~ ,.,----H
I :
: I
I I
I
I

PROPERTY EXCEPTIONS

FIDELITY NATIONAL TITLE
COl,O,HTMENT NUt.lBER 989-30122310-A-BAI.I
DATEOfPOLJCY:MARCH1J, 2025AT7:30A.M .. At.lENOED:MARCH21 , 2025, AMENDt.lHJT NO.A
EXCEPTIONS:

OPLOTTED EXCEPTIONS

1. WATER RIGHTS, CLAlt.lS OR TITLE TO WATER, ~ETHER OR NOT DISCLOSED BY THE PUBLICRECOROS.(UNABLETOPLOT)
2 RIGHTSOfTHEPUBLJCOYERANYPO.TlONOfSAIDLANOL)1NG\lr11HINTHE BOUNDARIES Of ANY ROAD, STREET OR HIGHWAY
J RIGHT Of WAY 375- 227, IN FAVOR Of THE COUNTY or RIV£RSIDE, FOR HIGHWAYS ANOROADS,40tEETINW10TH, APPROV(OOCT08EROJ, 19J7,AS....O.!SCI.QS AN 1/NYEBlflfD Il] E STADIS REPORT [ROM llif BUREAU Of INPIAN AffA!BS NO OOO!MFNI FO\INO BX TIDE SfARQ! 0 ~~~~f~J ~~N~~ f~·Jlri~JJiltt\ltN BELOW ANO Rlc.iTS INCIDENTAL GRANTED TO· THECITYOF" PALMSPRINGS
PURPOSE· UAINTENANCTANDOPERATIONOf"SANITARYS('l.tRLINE
RECORDINGDATE: OCTOBER08.1 951
RECORDING NO: 42311, IN 8{)()1( 1:\08 Prl.C.[ 526 OF O'rlCIAL RECORDS AFFECTS: A PORTION Of" SAIO LANO AS UOR£ PARTICULARLY

DESCRIBEOINSAIODOCUMENT
5 TRUSTPATENTN0.1128284. FROMTHEUNITEDSTATESOfAt.lERICA TOEL.MJNA MILUCENTWELMAS.HELDINTRUSTFORIBESOLEUSEAND BENEFlTOfSAID INDIAN,RECOROEDJ.JNE06,1952ASINSTRUMENT N0.23982,IN~
PA!.E....J6iOfOfflCIALRECORDS.
6 EASEMENT(S) FOR THE PURPOSE(S) SHO\ltN BELOW ANO Rlc.iTS INCIDENTAL niERElO.ASGRANTEOINADOCUMENT; (BLANKETINNATURE)
GRANTED TO: PALI.I SPRINGS WATER COMPANY
RIGHT Of WAY fOR WAT[R PIPE LINE RECORDING OATEt.lARCH I?. lgSS.

RECOR DI NG NO:

AFfECTS:

BOOK 1ZP9 PMif 1:i80fOfflCIALRECOROS
APORTlONOf"SAIOLANDAS MOR£PARTlCULARLY
DESCRl8ED INSAIOD0CUMENT
7 AOEDICATIONOfSTllEEfSBYTHEUNITEDSTATESOfAt.lERIC A OATEOAUGIJST

05. 1968 AS INSTliUMENT NO. 75466 or Of"FICIAL RECORDS. AS DISCIQSEO BX AN \!NYEBIEIEO DD f SUD!S BEPPBI fRPM IHf FIi/BEAi! 0£ INOIA.N AfEAIBS 8 INTENTl(XIIALLY OMITTEO (NOT A SURVEY MATTER)
9 INTENTI(XIIALLYOMITTEO(NOTASURV£YMATTER)

10. ANY RIGl·ITS or THE PARTIES IN POSSESSION or A PORTI(XII or, OR All Of, SAID LAND. 'M,ICH RIGI-HS ARE NOT DISO..OSED BY THE PUBLIC RECORDS. (UNABLE TO PLOT)
11 MATTERSWHICH MAYBEDiSQ.OSEOBYANINSPECTIONANO/ORBYACORRECT ALTA/NSPSLANOTirU:SURVEYOfSAIOLANOTliAT ISSATISfACTORYTOTliE COMPANY.ANO/ORBYINQUIRY orTHEPARTIES INPOSSESSl(XIITHEREor (UNABLE TO Pl.OT).
@ 1~i~~~ ~ RR~:1~N~1~ ~RF~R~E p~~~TE~il~~~sA::t~~T ~ ~ E CONSfNTOf" iHE AGUACAUENTEBANDOf"CAl-lUUAINDIANS,A FEOERALLY RECOGNIZED INOIAN TlilBE ("TRIBE"). TO SOJIBERN CALIFORNIA mSON. IN TRACT NO. H68 R/W FU NO. 378-617, ANO FILED 'Mni IBE CAl-lUILLA INOIANS, A FEDERALLY RECOGNIZED INOIAN TRIBE ("TRIBE") IN AN INTERNAL DOCUMENT fS84-1862Y19, NO RECORDED DOCUMENT ~TH THE OITICIAL RECORDS RIVERSIDE COUNTYfOUNOBYTITLESEARCH

PROJECT SUMMARY
GOVERNMENT LOT HO 4.963 ACRES
LOT 1 J.880ACRES
LOT"A"(STREETLOT) 0.86BACRES
216,203.26 S.F
169,020.65 S.f
37,8\3.39 S.F
9,044.87 S.F
IN THE CITY OF PALM SPRINGS. COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE PARCEL MAP 39368

BEING A PORTION OF THE NORTHEAST ONE- QUARTER, OF THE NORTHEAST ONE - QUARTER, OF THE NORTHEAST ONE - QUARTER, OF SECTION 14, TOWNSHIP 4 SOUTH, RA NGE 4 EAST, SA N BERNARDINO MER IDIAN SEPTEMBER 04, 2025

FOR LEASE AND CONDOMINIUM PURPOSES

PREPARED BY
AM IR ENGINEERING & SURVE"l1NG INC.
160LURINGOR .. SUITEA
PALMSPRINGS. CA.92262
PHONE(760)J1 8- 7424
FAX (760)318-7410

DEVELOPER /APPLICANT

FAMILY FORWARD COMMUNITIES
301N.PALMCANY0NOR.,SUITE 103-1l6
PALM SPRINGS,CA.92262
CONTACT:VINCENTBARBATO
PHONE(949)283- 5049
UNITED STATES Of"AMERICA INTRUSTfORiHEAGUACAIJENTE BANDOfCAHUIUA iNOIANS, A FEDERALLY RECOGNIZED INDIAN TR IBE

LEGAL DESCRIPTION
1HEEAST ONE-HALfOfTliENOOTHEASTOllART£RDfniENORTHEASTOUARTER DfiHENORTHEASTOUARTER Of SECTION H, TD'MlSHIP 4 SOUTH. RANGE4EAST.

SAN BERNARDINO MERIDIAN, IN THE aTY Of PALM SPRI NGS, COUNTY OF RMRSIOC.

STATEOf"CALlFORNIA,ACCOROINGTOTHEDfTICIALPlATIBEREOf".
(APNSOB-060-017)

UTILITY PURVEYORS
DESERT WAlER AGENCY
1200S. GENEAUTRYTliAII.

PALMSPRINGS, CAUFORNIA92262
(760)323-4971
SOUTHERNCAIJfORNIAEOI~
3610DCATHEDRAL.CANYDNDR.

CAIBEORAL OTY. CALIFORNIA 92234
(760)323-4971
SPECTliUt.l
41725 COOKSTREET
PALMDESERT,CALJFORNIA9221 1
(760) rn-- 5472

FRONTIER
295 N. SUNRISE WAY
PALM SPRINGS. CAL.f"ORNIA 92262
(800)483-4000
SOUiHERNCAUFORNIAGASCOMPANY
211 N. SUNRISE WAY
PALMSPRINGS.CALIFORNIA92262
(800)427- 2200

OTYOFPALM SMNGS

C/O VHXJA WATER (SEWER)
P.D. BDX270J
3200 TAHOU1TZ CANYON WAY
PALMSPRINGS.CALIFORNIA92262
(760) J2J- 8166EXT.2
EXISTINGMONUMENT(ASDE~BEDONMAP)
• co.lPUTEDF'aNT(NOlHINGflJJNDORSET)
R/W RIGHT Of WAY
---- TRACTBOONDARY
---- RIGHTDFWAYUNE
- - - - - [ASEMENTUNE
LOT"B" (LANDSCAf>EEASEt.lENT) 0.208ACRES
LOT"C"(EASEMENT) O.OD7ACRES 324.35 S.F AN EASEUENTFOR PUBLIC RIGIH-Of-WAY

ANDPUBLICUTILITYPURPOSESTOBE
RECOR0€0 BYASEPARATE INSTRUMEN1.

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$1#1S£111YNl111ca'ltllll'IIWrtl7MZS -·-
MU611£(a:mttlfflJIISrTIMJISll'a:um,M>
fNDll'SN(JIJ'ot'Wf
AMIR ENG [N EERI NG 1--~•c="~•~CALE=,,..=~BAN=•~o~'~CAH~u==- 'N~•==~-, SHffl' 1/HJ WRING DR., STE.~ P.lJJI SPRJNCS. CA 1122M TENTATIVE PARCEL MAP 39368 OF ___J__ PH. ('MO) 318- ?'24 1J.I ('MD) 318-1410
PPlPNi£1)/ND11£f11/ECrStff1MSlW(T:
l,IEf,i,l',@0 "' _, EXP . .9:~ 1
APOROONOf"nt:NOR'lltfASTONE-QUARTER, Df"Tlf:NORMAST
ONE--QUAATER,orTt£NDRn£ASTONE- QlWITER,CfSECTON14,
TOWNSHIP4SOUTH,RANGE 4£AST,SANBERNARD!NOMERIDIAN
IH/~/1
"""'""""' ,,,_, arfREJ111fHa
Item 1O - Page 76
P. APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE DEMUTH PARK DEVELOPMENT
PROJECT, CITY PROJECT 21-16
RECOMMENDATION:

1. Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Demuth Park Development Project, City Project 21-16 (“the Project”); and

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

Item 1P - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVAL OF PLANS, SPECIFICATIONS & ESTIMATE (PS&E) AND

AUTHORIZATION TO BID THE DEMUTH PARK DEVELOPMENT
PROJECT, CITY PROJECT 21-16
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:

The construction documents (Plans, Specifications and Estimate) for the Demuth Park Development Project have been prepared and in accordance with Section 7.03.04 of the Procurement and Contracting Code, the City Council shall approve and adopt the plans, specifications, and working details, and authorize the bid request for all public projects in excess of $220,000. Approval of this item will allow Staff to proceed with bidding of this capital project.

RECOMMENDATION:
1) Approve the plans, specifications and estimate and authorize Staff to advertise and solicit bids for the Demuth Park Development Project, City Project 21-16 (“the Project”); and
2) Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

Not Applicable.

BACKGROUND:

Demuth Park is a highly utilized public park located at 3601 E. Mesquite Avenue, with various recreational amenities including a community center, playgrounds, restrooms, athletic courts and fields, picnic areas, parking lot areas, and two temporary dog park areas.

Item 1P - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 The City of Palm Springs is proposing to make a series of site improvements to enhance Demuth Park for the community, improving its function and overall usability. The Project improvements include design of a permanent large dog park with ADA parking spaces, a small dog park, conversion of an existing 2.2-acre dirt lot into a 165-stall paved parking lot with drainage improvements, pavement of the Community Center parking lot, pavement and drainage repairs at the Little League parking lots, installation of ADA drinking fountains, and sidewalk and pathway restoration.

On August 16, 2022, the Parks & Recreation Department received notification that the City was awarded a Land and Water Conservation Fund grant (LWCF) in the amount of $1,750,734 to assist in the construction of the two Demuth dog parks and parking area components of the Project. Grant requirements state that the City of Palm Springs must match the grant amount. The City has also allocated funding from Measure J for a new 5-stall unisex restroom, sidewalk restoration to meet ADA requirements, and replacement of drinking fountains that conform to ADA requirements.

On July 5, 2023, Procurement and Contracting Staff issued a Request for Proposals (RFP) for Professional Design Services to solicit proposals from qualified engineering firms who specialize in these types of services. The requested RFP was written to ensure that the selected firm has demonstrated successful experience and capacity to provide civil design services to municipal government agencies similar to those required by the City.

On September 14, 2023, following a review of all proposals received and interviews with the top candidates, Kimley-Horn and Associates, Inc. (Kimley-Horn) was deemed qualified to complete the work and a Professional Services Agreement was awarded by City Council. Shortly thereafter, design work commenced, including numerous stakeholder meetings and community outreach meetings over the course of nearly two (2) years. All feedback was assessed for feasibility and incorporated in the final design, which was completed on October 28, 2025. The concept drawing for the large dog park is shown as Figure 1, parking lot improvements as Figure 2, and new restroom installation as Figure 3 on the following pages.

Item 1P - Page 3
City Council Staff Report
November 12, 2025 -- Page 3
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 Figure 1 – Large Dog Park Concept
Figure 2 – Parking Lot Improvement Concept
Item 1P - Page 4
City Council Staff Report
November 12, 2025 -- Page 4
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 Figure 3 – Restroom Concept
STAFF ANALYSIS:

The contract documents for the Project have been reviewed and approved by Staff. With City Council approval, Staff will advertise the Project in The Desert Sun, and utilize the procurement program, “PlanetBids”™ to allow the submission of bids electronically. The following tentative schedule has been identified for the bid process:

Action Date
Notice Inviting Bids to be posted November 13, 2025
Deadline for receipt of bids/ bid opening December 18, 2025 Contract awarded by City Council January 14, 2026
The contract documents will be provided free of charge to prospective bidders through the PlanetBids™ system. Staff recommends City Council approve the contract documents and authorize Staff to formally solicit construction bids for the Project.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301(c) “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. Therefore, Staff has determined that Item 1P - Page 5
City Council Staff Report
November 12, 2025 -- Page 5
Approval Of PS&E and Authorization To Bid Demuth Park Project, CP 21-16 the Demuth Park Development Project, City Project 21-16, is considered categorically exempt from CEQA and a Notice of Exemption has been filed with the Riverside County Clerk.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council’s Strategic Plan Broad Goal of Infrastructure and Facilities.

FISCAL IMPACT:

The total Project construction cost is estimated to be $7,600,000 – not including contingency. The Project will be funded through a combination of grant funding, Quimby Funds, and Measure J Funds, which have already been allocated for this purpose. The Project will be split up into three (3) bid schedules, one primary and two optional, allowing the City Council to determine which optional bid schedule(s) to include.

Following the bidding process, the Project will be presented to the City Council, with a detailed breakdown of all project costs, including construction, consultant services, construction management, and staff time, for their review and approval.

REVIEWED BY:

Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Specifications and Contract Documents For City Project 21-16 (available on the City’s Website with the below link)
https://publicportal.palmspringsca.gov/WebLink/DocView.aspx?id=144 2316&dbid=0&repo=CityHall-Primary
Item 1P - Page 6

ATTACHMENT A
is available via the City’s Website with the below link https://publicportal.palmspringsca.gov/WebLink/DocV
iew.aspx?id=1442316&dbid=0&repo=CityHall-Primary
Item 1P - Page 7
Q. APPROVE AMENDMENTS TO PROFESSIONAL SERVICES
AGREEMENTS A8509, A8510, A8514 AND A8516 WITH HISTORIC
RESOURCES GROUP, CHATTEL, INC., GPA CONSULTING, INC., AND ARCHITECTURAL RESOURCES GROUP, INC. FOR ON-CALL

ARCHITECTURAL HISTORIAN SERVICES
RECOMMENDATION:

1. Approve amendments to Agreements A8509, A8510, A8514 and A8516 for on-call architectural historian services to extend the term through July 31, 2026; and

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

Item 1Q - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVE AMENDMENTS TO PROFESSIONAL SERVICES
AGREEMENTS A8509, A8510, A8514 AND A8516 WITH HISTORIC
RESOURCES GROUP, CHATTEL, INC., GPA CONSULTING, INC., AND ARCHITECTURAL RESOURCES GROUP, INC. FOR ON-CALL

ARCHITECTURAL HISTORIAN SERVICES
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

This action will approve amendments to Agreement A8509 with Historic Resources Group, Agreement A8510 with Chattel, Inc., Agreement A8514 with GPA Consulting, Inc., and Agreement A8516 with Architectural Resources Group, Inc. to extend the term of the agreement for on-call architectural historian services.

RECOMMENDATION:
1) Approve amendments to Agreements A8509, A8510, A8514 and A8516 (Attachment A) for on-call architectural historian services to extend the term through July 31, 2026; and
2) Authorize the City Manager or designee to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

According to the Public Integrity Disclosure forms (Attachment B) all four firms are registered in the state of California.

BACKGROUND:

The Department of Planning Services requires as-needed, on-call historic resource assessment services for a variety of current and future City-initiated historic preservation projects and nominations. The required services primarily consist of historic resources reports that involve the evaluation of a variety to sites based on the City’s current historic preservation ordinance as outlined in Chapter 8.05 of Title 8 “Building and Construction” of the City’s Municipal Code. The department anticipates the need for these services for Item 1Q - Page 2
various projects as historic preservation activity in the City continues. The on-call agreements with multiple firms allow the department to provide an efficient and streamlined level of customer service and effectively schedule the required historic resource assessment for sites and projects.

Contracts were awarded to the four firms listed in this request for amendment by the City following a Request for Proposal (RFP) solicitation conducted in 2020 based on their professional qualifications. Professional services agreements are included as Attachment C.

The department is currently working with the Department of Procurement & Contracting to initiate the next Request for Proposals (RFP) but requests the terms of the existing agreements to be extended to ensure coverage of services while the RFP process is in progress. The extension would be applied retroactively and expire in July of 2026.

STAFF ANALYSIS:

Staff recommend approval of these amendments to Agreement A8509 with Historic Resources Group, Agreement A8510 with Chattel, Inc., Agreement A8514 with GPA Consulting, Inc., and Agreement A8516 with Architectural Resources Group, Inc. and seeks to extend the term of the agreements through July 31, 2026.

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 project aligns with City Council’s Strategic Plan Broad Goals of Infrastructure and Facilities, and Community Services.

FISCAL IMPACT:

Sufficient funds are budgeted and available in Fiscal Year 2025-26 Planning Department account 1002010-7000.

Item 1Q - Page 3
REVIEWED BY:

Director of Planning: Christopher Hadwin
City Attorney: Jeff Ballinger
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Amendments to Agreements: No. A8509, No. A8510, No. A8514 and No. A8516 B. Public Integrity Disclosure Forms
C. Professional Services Agreements No. A8509, No. A8510, No. A8514 and No.

A8516
Item 1Q - Page 4

ATTACHMENT A
Item 1Q - Page 5
AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8509

BETWEEN THE CITY PALM SPRINGS AND

HISTORIC RESOURCES GROUP

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and Historic Resources Group (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8509” dated March 20, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of March 20, 2020 to March 20, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.2 Amendment #1. The City and Consultant amended the Agreement to extend the term one year. The Parties have heretofore entered into that Amendment Letter dated March 13, 2023, for a term of March 20, 2020 to March 20, 2024.

2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from March 20, 2024 to March 20, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024.

2.4 Amendment #3. The City and Consultant amended the Agreement by extending the term from March 20 2025 to September 20, 2025 to exercise the extension option and specify the compensation. The Parties have heretofore entered into that Amendment on February 26, 2025.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

3.1 Terms. Section 3.4 of the Agreement is hereby amended in its entirety to read as follows:
“Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect from the Effective Date and continuing through July 31, 2026.”
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3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

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. 4.

3.4 Severability. If any portion of this Amendment No. 4 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. 4 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]
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SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS

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

CONSULTANT:

By: ____________________________ By: _____________________________ Historic Resources Group Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8509
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
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AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8510
BETWEEN THE CITY PALM SPRINGS AND CHATTEL, INC.

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and Chattel, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8510” dated April 9, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 9, 2020 to April 9, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from April 9, 2024 to April 9, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024.

2.4 Amendment #3. The City and Consultant amended the Agreement by extending the term from April 9, 2025 to October 9, 2025 to exercise the extension option and specify the compensation. The Parties have heretofore entered into that Amendment on February 26, 2025.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND CHATTEL, INC.

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

CONSULTANT:

By: ____________________________ By: _____________________________ Chattel, Inc. Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8510
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
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AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8514
BETWEEN THE CITY PALM SPRINGS AND GPA CONSULTING, INC.

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and GPA Consulting, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8514” dated April 9, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 9, 2020 to April 9, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the agreement.

3. Terms.

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND GPA CONSULTING, INC.

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

CONSULTANT:

By: ____________________________ By: _____________________________ GPA Consulting, Inc. Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8514
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
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AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT A8516

BETWEEN THE CITY PALM SPRINGS AND ARCHITECTURAL
RESOURCES GROUP, INC.

1. Parties and Date.

This Amendment No. 4 to the Professional Services Agreement is made and entered into as of this 12th day of November, 2025, by and between the City of Palm Springs (“City”) and Architectural Resources Group, Inc. (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services Agreement A8516” dated April 23, 2020 (“Agreement”) for the purpose of retaining the services of Consultant to provide “On-Call Architectural Historian Services” for a variety of future historic resource-related projects for a term of April 23, 2020 to April 23, 2023, subject to two additional one year extensions, approved by City Council on March 19, 2020.

2.3 Amendment #2. The City and Consultant amended the Agreement by extending the term from April 23, 2024 to April 23, 2025 to exercise the last extension option and specify the compensation. The Parties have heretofore entered into that Amendment on March 19, 2024.

2.4 Amendment #3. The City and Consultant amended the Agreement by extending the term from April 23, 2025 to October 23, 2025 to exercise the extension option and specify the compensation. The Parties have heretofore entered into the Amendment on February 26, 2025.

2.5 Amendment #4. The City and Consultant desire to extend the term through July 31, 2026.

2.6 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section 2.3 of the Agreement.

3. Terms.

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ARCHITECTURAL RESOURCES GROUP, INC.

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

CONSULTANT:

By: ____________________________ By: _____________________________ Architectural Resources Group, Inc. Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: N/A Item No. N/A Agreement No. A8516
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
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ATTACHMENT B
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________
Historic Resources Group, LLC 556 S. Fair Oaks Avenue, Suite 101-154, Pasadena, CA 91105 California ■ Christine Lazzaretto ■
Paul D. Travis ■
Andrea Humberger
■
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CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

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

EXAMPLE

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

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

Signature of Disclosing Party, Printed Name, Title Date

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

Christine Lazzaretto, Managing Principal
Christine Lazzaretto 33 1/3%, Historic Resources Group, LLC Paul D. Travis 33 1/3%, Historic Resources Group, LLC Andrea Humberger 33 1/3%, Historic Resources Group, LLC October 30, 2025
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1. 2.

3. 4.

5. Name of Entity
Chattel, Inc.

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
Address of Entity (Principle Place of Business)
13417 Ventura Blvd., Sherman Oaks, CA 91423
Local or California Address (if different than #2)
State where Entity is Registered with Secretary of State California
If other than California, is the Entity also registered in California? n Yes n No Type of Entity ~ Corporation D Limited Liability Company D Partnership D Trust D other (please specify)

6. Officers. Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity Robert Jay Chattel, President (29 Officer D Director D Member D Manager [name) D General Partner D Limited Partner
• other
D Officer D Director D Member D Manager
[name] D General Partner D Limited Partner
• Other
D Officer D Director D Member D Manager
[name]
n General Partner n Limited Partner
22 Item 1Q - Page 21
• Other

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

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

Robert Jay Chattel Trust 100%, Chattel, Inc.
[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 entitv and name of entitvl
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 PENAL TY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Date
January 13, 2020
23 Item 1Q - Page 22
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Item 1Q - Page 24
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner

 Other ____________________________________
Architectural Resources Group, Inc. Pier 9, the Embarcadero, #107, San Francisco, CA 94111 360 E. 2nd Street, Los Angeles, CA 90012 California ■ Naomi Miroglio, President and CFO ■
Katie Horak, Vice President
■
Lisa Yergovich, Secretary ■
Item 1Q - Page 25
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

(Revised 05/16/19)

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

EXAMPLE

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.

Naomi Miroglio 26.09 Debbie Cooper 13.04 Katie Horak 13.04 Kitty Vieth 13.04 Maya Fott 13.04 October 30, 2025
F. Lisa Yergovich, 10.33, and G. Matthew Davis, 9.24%
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ATTACHMENT C
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3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes," freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten ( I 0) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages agains� the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Christine Lazzaretto. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City, and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation of law, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its sub-Consultant(s) in the same manner as it is for persons directly employed. 1-31-18
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3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten ( l 0) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Robert Chattel. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by operation oflaw, without the prior written consent of City. Consultant shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subConsultant(s) in the same manner as it is for persons directly employed. 1-31-18
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time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten (10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 I.um- Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one (1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Andrea Galvin. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, voluntarily or by 1-31-18
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period(s) established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant (financial inability excepted), including, but not limited to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City, if Consultant, within ten ( 10) days of the commencement of such delay, notifies the City Manager in writing of the causes of the delay. The City Manager shall ascertain the facts and the extent of delay, ·and-extend the" time for perforl1ling.Jhe-Services for Ihe period oI the :eiirorcecf"dela�wben and-if-in...th ..... --- judgment of the City Manager such delay is justified. The City Manager's determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant's sole remedy being extension of the Agreement pursuant to this section.

3.4 Iufil. Unless earlier terminated under the terms of this Agreement, this Agreement shall continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one ( 1) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Katie Horak. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

INTERACTIVE DESIGN CORPORATION, PURSUANT TO ON-CALL
AGREEMENT A8876, FOR THE SWIM CENTER RENOVATIONS
PROJECT, CITY PROJECT NO. 25-06
RECOMMENDATION:

1. Approve a Task Order in the amount of $742,500 with Interactive Design Corporation (IDC), pursuant to On-Call Agreement A8876, for the Swim Center Renovations Project, City Project No. 25-06; And,

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

Item 1R - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVE A TASK ORDER IN THE AMOUNT OF $742,500 WITH

INTERACTIVE DESIGN CORPORATION, PURSUANT TO ON-CALL
AGREEMENT A8876, FOR THE SWIM CENTER RENOVATIONS
PROJECT, CITY PROJECT NO. 25-06
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
Parks and Recreation Department
SUMMARY:

The Parks and Recreation Department Director, with the assistance of Interactive Design Corporation (IDC), held multiple community and Parks Commission meetings to refine the concept, design, and scope of the Swim Center project. The scope and concept are finalized, and the design team is ready to move on to the final construction documents.

RECOMMENDATION:
1) Approve a Task Order in the amount of $742,500 with Interactive Design Corporation (IDC), pursuant to On-Call Agreement A8876 for the Swim Center Renovations Project, City Project No. 25-06; and
2) Authorize the City Manager to execute all necessary documents.

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure is included as Attachment B.

BACKGROUND:

On October 1, 2021, the Measure J Commission made an application form available for individual citizens, neighborhood organizations, businesses and organizations in the City to submit projects for funding consideration. They encouraged projects that would enhance the livability and overall quality of life for people who live, work, and play in our City. The Swim Center Project was one of those projects submitted for consideration and was approved.

Item 1R - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Approve a Task Order for Swim Center Renovations
IDC, one of the City’s approved on-call architectural consultants, was retained to develop conceptual designs for a remodeled and expanded Swim Center building; a copy of the agreement with IDC is included with Attachment B. The Parks and Recreation Director, with the assistance of IDC, conducted multiple community and commission meetings as noted below to obtain input on the proposed design:
• December 5, 2023 - Community Meeting
• April 22, 2024 - Presentation at Parks & Recreation Commission Meeting • April 23, 2024 - Community Meeting
• May 20, 2024 - Presentation at Parks & Recreation Commission Meeting • June 23, 2025 - Presentation at Parks & Recreation Commission Meeting • June 26, 2025 - Community Meeting
A final concept design has been approved by the Parks & Recreation Commission.

Images of the concept are shown in the following figures:

Figure 1
Figure 2
Item 1R - Page 3
AREAS
ADMIN BUILDING 385 SF
ADMIN ADDITION 351 SF
SHOWERS & LOCKERS 2,45 1 SF
EXPANDED DECK & ACCESS 2,000 SF
TOTAL AREA 5,187SF
ENTRY ARCADE 703 SF
PAVILION SHADE STRUCTURE 3, 130 SF
TOTAL SHADE STRUCTURES 3,833 SF
City Council Staff Report
November 12, 2025 -- Page 3
Approve a Task Order for Swim Center Renovations
STAFF ANALYSIS:

In July of 2025, IDC submitted the design proposal for completion of the construction documents (Attachment A). Unfortunately, the project was delayed due to staffing issues and pending funding decisions for the project.

The Parks and Recreation Director and City Engineer have reviewed the proposal and recommend the City Council approve the task order to move the project forward.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code mandates guidelines for implementing the California Environmental Quality Act (CEQA). The proposed design is not considered a project under CEQA and is therefore exempt from CEQA review.

ALIGNMENT WITH STRATEGIC PLANNING:

The project aligns with City Council’s Strategic Plan Broad Goal of Infrastructure and Facilities.

FISCAL IMPACT:

Funding for the project was included in the library debt issuance; $7 million was incorporated into the debt issuance for design and construction of the Swim Center.

REVIEWED BY:

Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. IDC Proposal
B. Public Integrity Disclosure and Professional Services Agreement Item 1R - Page 4
Attachment A
Item 1R - Page 5

P R O P O S A L

I N T E R A C T I V E D E S I G N C O R P O R A T I O N 199 South Civic Drive, Suite #10
Palm Springs, California 92262
T: 760.323.4990
www.interactivedesigncorp.com

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July 7, 2025
Joel Montalvo, City Engineer
City of Palm Springs
425 N Civic Drive
Palm Springs, CA 92262
Dear Mr. Montalvo:

We are pleased to submit this Proposal to the City of Palm Springs Engineering (the Client) for Professional Services relating to the Full Scope of Architectural Services for Palm Springs Swim Center Renovations based on schematic design package dated 01OCT24.

I. PROJECT DESCRIPTION
A. Palm Springs Swim Center Improvement Programming Services has been completed after a series of Open Houses with the public and design adjustments.

The approved Programming and Concept site plan presented at Open House dated April 23, 2024, completed Task Order 2 and served as the base for the architect to complete Schematic Design Services for renovations of the swim center and entrance ramp at Pavilion southern Courtyard/Swim Center Site enclosure with presentation and package dated 01OCT24 which also completed Task Order 3.

B. CPS Engineering Staff requested IDC to gather/develop a proposal for the scope of services for the completion of the Palm Springs Swim Center Improvements using schematic design package dated 01OCT24 with the understanding that the existing utility and site conditions were not evaluated and incorporated. As part of the discovery and research phases, IDC shall collect and evaluate relevant site and utility data. Findings may impact on the schematic design previously approved and consequently the consultant shall evaluate these changes. Report of these changes shall be reviewed collaboratively with the Client. This proposal reflects the Client’s directive to proceed with the existing CMU/wood frame structure of the shower and locker room building without implementing structural upgrades or retrofits. Structural engineering services are related to the design of new building expansion, the addition of a steel pavilion structure, areas where new openings need enforcement or required structural connections from new to Item 1R - Page 6
••• ••• ••

I N T E R A C T I V E D E S I G N C O R P O R A T I O N

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existing, and the retaining site walls of two ramps with stairways. All systems are to be designed to operate within the capacity of the existing utility infrastructure.

II. SCOPE OF SERVICES - The Architect shall provide Design Services of the PS Swim Center renovation, new administration addition, new free standing steel structure, new site walls, new ramps, new stairways, and new flatwork at north and east entrances in collaboration with the Client for the following services:

A. Phase 1: Discovery and Research – Description of scope and services provided in contract amendment memo dated 24SEPT24 for Utility Services.

B. Phase 2: Update 01OCT24 Schematic Design (SD) based on Phase 1 findings, client’s evaluation & direction, and preparation digital base plans

1. SD Landscape Plan

2. SD Grading Plan

3. SD Site Plan

4. SD Building Floor plan

5. SD Building Roof plan

6. SD Building Exterior Elevations

7. SD Overall Site/Building Sections
C. Phase 3: SD presentation and Planning Department Submittal:

1. Planning Application exhibits for Minor Architectural Administration

2. Presentation Meetings (up to 8) such as
(1) Parks and Recreation Commission
(2) Community Public
(3) City Council Hearing
D. Phase 4: Design Development

1. Architectural plans
(1) Develop Floor Plan, Reflected Ceiling Plan, and Roof Plan (2) Develop Elevations, Building Sections, Door and Window Schedule (3) Code Review and Evaluation

2. Structural:
(1) Structural System and component calculations and Code requirements (2) Prepare plans that illustrate beam sizes, lateral resistant system, footings/foundations
(3) Steel canopy framing and decorative steel shade louver systems

3. Electrical
(1) Establish preliminary overall demand/loads
(2) Work within the capacity of Existing Site utility distribution system (3) Develop dedicated control panel for building POC
(4) Selection of Electric units (HVAC, ventilation and exhaust) and appliances
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4. Mechanical
(1) Establish preliminary overall demand/loads - Determine preliminary cooling loads based upon latest CEC and Title 24
(2) HVAC System selection type to be powered with existing gas systems. (3) Develop/Evaluate exhaust systems

5. Plumbing
(1) Establish preliminary overall building demand/loads and work within the capacity of existing connection.
(2) Domestic water building points of connection, shut off valves’ location (coordinate with civil engineer and owner)
(3) Waste building points of connection and areas requiring furring for waste lines and major cleanouts (coordinate with civil engineer and owner)
(4) Propose water supply system – building fixtures and work within the capacity of existing supply. Water heating System to be powered by existing gas similarly to existing conditions.

E. Phase 5: Contract (construction) Documents

1. Landscape Demolition Plan including removal of palm trees

2. Landscape Planting Plan

3. Irrigation Plans

4. Precise Grading and Drainage Plan

5. Drainage Calculations

6. Erosion Control Plans if necessary

7. Architectural Plans

8. Mechanical Engineering and Plumbing Engineering Plans

9. Electrical Engineering Plans

10. Structural Engineering Plans

11. Coordination and Meetings with the client (up to 5 meetings)

12. Technical Specifications

13. Technical Bid documents preparation

14. Document review and coordination
(1) In-house review with consultants to coordinate with associated disciplines
(2) Up to (3) Structural Engineering meetings
(3) Up to (3) Mechanical, Plumbing, & Electrical Engineering (4) Up to (3) Landscape Architect and Civil Engineer

15. Plan Review: Respond as needed to corrections and comments from JHA with clarifications and/or revisions as necessary to obtain approvals (permits) Up to (2) rounds for plan check responses
(1) City Planning Department
(2) City Fire Department
(3) Building and Safety Department
(4) City Engineering Department
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F. Optional Phase 6: Design of Low voltage/IT/Communication System

1. Meet with Parks and Rec’s Swim Center Staff to gather design needs of data, communication, access control, and CCTV.

2. Meet with City of Palm Springs and Communication Utility Agency to discuss changes and agency requirements.

3. Manage meetings with City of Palm Springs representatives to define scope to determine the equipment, power and related requirements (up to 4 meetings).

4. Retain subject matter expert for IT/Data System and connection to existing site connection

5. Prepare design documents showing location of equipment and other information for use by the Architect’s consulting electrical engineer

6. Prepare specifications for equipment, conduit, boxes, cable and related items for the above systems to be included in the bid and contract documents using the Architect’s format.

7. Coordination and preparation of construction documents prepared by the Architect and his consulting electrical engineer.

G. Optional Phase 7: Design selection of furniture, fixtures, and equipment (FF&E)

1. Initial meeting with Client’s representative and Subsequent meetings (Up to 3 total meetings) to develop the FF&E program needs.

2. Prepare furniture design selection package.

3. Prepare itemized furniture/accessories to be included in the Project Construction Bid package.

4. Prepare supplemental information for General Contractor scheduling, and coordinating the delivery, offloading and assembly of furniture for the Client to include in the bid manual.

H. Phase 8: Bidding Assistance for one BID

1. Respond to RFI’s distributed by the Client (up to 25)

2. Prepare Addenda as agreed with the Client (up to 5)

3. Pre-Bid Walk attendance coordinated by the Client

4. Substitution Evaluation as requested by the Client (up to 5)

5. Bid Evaluation as requested by the Client
I. Phase 9: Contract Administration (14 months construction)

1. Attendance of Pre-Construction Meeting and bi-monthly contract administration meetings. The Client shall require the General Contractor to prepare agenda, meeting minutes, and organize the construction administration through management software such as Procore, etc.

2. Prepare written clarifications based upon field walks and changes.

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I N T E R A C T I V E D E S I G N C O R P O R A T I O N

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3. Provide responses to RFI’s.

4. Review submittals (i.e.shop drawings and samples)

5. Perform on-site visual observation at appropriate stages of construction to confirm conformance with the documents and design intent. Meetings and Site Observations with consultants may overlap with Architect.

6. a. Up to (26) Architectural Site Observation/meetings including punchlist and closeout meetings

7. b. Up to (4) Structural Site Observations

8. c. Up to (2) Electrical, Mechanical and Plumbing Site Observations III. PROJECT SCHEDULE
A. Phase One – Discovery and Research
Swim Center to close for potholes & openings: 1 1/2 months B. Phase Two – Update Schematic Design: 1 month
C. Phase Three – Planning Department Submittal: 1 month

1. With public and Agency Meetings
D. Phase Four – Design Development: 2 1/2 months
E. Phase Five – Contract Documents 3 months
F. Optional Phase Six – Low Voltage Systems Design 1 month G. Optional Phase Seven – Design Selection of FF&E 1 month H. CPS Plan Check Corrections and Responses 2 months
I. Phase Eight – Bidding (with Client’s input) 1 month
J. Phase Nine – Construction (Contract Administration) 14 months including punch list and project closeout
IV. COMPENSATION FOR SCOPE OF SERVICES:

A. Fees of Purchase Order 23001091 contract are to be increased by the additional work as described for Phases 1 to 9 and Reimbursable. Total compensation under this Amendment shall not exceed SEVEN HUNDRED FORTY TWO THOUSAND FIVE HUNDRED DOLLARS ($742,500) unless authorized in writing by Client. Consultants included in these services are:

1. Landscape Architecture Design

2. Civil Engineering
(1) Boundary and topographic surveys
(2) Hydrology and storm water retention
(3) Grading and drainage
(4) Utility design

3. Structural, Electrical, Mechanical and Plumbing Engineering

4. Energy Design Consultant

5. Low Voltage Design based on Optional Phase

6. FF & E Selection Design based on Optional Phase
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I N T E R A C T I V E D E S I G N C O R P O R A T I O N

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Phase 1: Discovery and Research shall be HOURLY NOT-TO-EXCEED ONE

HUNDRED THIRTY THOUSAND TWO HUNDRED FIFTY DOLLARS
($130,250).

Phase 2: Update Schematic Design shall be HOURLY NOT-TO-EXCEED SIX FORTY FOUR THOUSAND ONE HUNDRED DOLLARS ($44,100).

Phase 3: Planning Process and Approval shall be HOURLY NOT-TO-EXCEED FIFTEENTHOUSAND DOLLARS ($15,000).

Phase 4: Design Development shall be HOURLY NOT-TO-EXCEED SIXTY FOUR THOUSAND THREE HUNDRED FIFTY DOLLARS ($64,350).

Phase 5: Contract (construction) Documents shall be HOURLY NOT-TO-EXCEED

TWO HUNDRED TWENTY TWO THOUSAND THREE HUNDRED DOLLARS
($222,300).

Optional Phase 6: Design of Low voltage/IT/Communication System HOURLY

NOT-TO-EXCEED TWENTY SEVEN THOUSAND FIVE HUNDRED DOLLARS ($27,500).

Optional Phase 7: Design selection of furniture, fixtures, and equipment shall be HOURLY NOT-TO-EXCEED SIXTY FIVE THOUSAND DOLLARS ($65,000).

Phase 8: Bidding Assistance for one BID Phase shall be HOURLY NOT-TOEXCEED FIFTEENTHOUSAND DOLLARS ($15,000).

Phase 9: Contract Administration during 14 months of construction shall be

HOURLY NOT-TO-EXCEED ONE HUNDRED FORTY ONE THOUSAND
DOLLARS ($141,000).

B. Reimbursable is ESTIMATED EIGHTEEN THOUSAND DOLLARS ($18,000).

Out-of-pocket expenses incurred by the design team which are related to the project, such as reproduction costs (i.e. photocopying), shipping and postage, etc., will be included in the monthly billing at 1.18 times the architect's cost.

C. Additional services such as models, perspective renderings, additional site observation, evaluating contractor submittals or substitutions, revisions to previously approved work, and assistance with construction caused by failure of contractors shall be billed on an hourly basis as stated below:

Principal $195 Architect $160
Project Manager $145 Project Designer $125
Drafter $105 Administrative $85
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V. CLIENT’S RESPONSIBILITIES
A. Provide Record Drawings of existing facility including past improvements.

B. Provide Current Title Report of this parcel
C. Provide Utility Agency Contact information, make available when Agency requires owner’s participation and complete/submit agency required information
D. Provide information required by funders which has effects on project design and construction cost.

E. Responding to the Architect’s questions and requests for approval within a reasonable time and providing reasonable access to the Project site.

F. Compensating the Architect pursuant to the terms and conditions of this Agreement.

G. Authorization from Client to proceed to next Task and/or payment of invoices signifies approval of work completed and obligates Client to appropriate fees.

I. SERVICES NOT INCLUDED IN THIS AGREEMENT
A. Geotechnical Investigation
B. Environmental Review,Asbestos and/or Lead Investigation (1) Specifications for Exterior Abatement
(2) Abatement monitoring and verification
C. Structural Upgrade of existing structure
D. Destructive Investigation
E. Fire Protection Design and Engineering
F. Photovoltaic system design and engineering
G. CASP Inspection and Report Preparation
H. Legal Advisory, Support and Documentation
I. Arborist Evaluation of existing trees
If this Proposal including the optional services meets with your approval, let us know of the next steps.

Yours truly,
Maria Song, AIA
Item 1R - Page 12
0 ATTACHMENT B
Item 1R - Page 13
Item 1R - Page 14

1. 2.

3. 4.

5. Name of Entity

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
l~Ml\JE !>€£\fi N dJfl-fotATWN
Address of Entity (Principle Place of Business)
1q~ ~- C1V)0 Pf:... ~tE:. Io I flrt,M Sf~Nf{b) Ck0i~J-6'JLocal or California Address (if different than #2) State where Entity is Registered with Secretary of State ' . dtt{ft>(l...NI~
If other than California, is the Entity also reaistered in California? n Yes n No Type of Entity
0( Corporation D Limited Liability Company D Partnership D Trust D Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity '
e,. f\AfriZ-\ Ir- 90/\J~ p( Officer D Director D Member D Manager ~e;\.)htl A.
(Revised 09 13 18)
[name]
D General Partner D Limited Partner
Other
'-{OvN(q Ps( Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other
D Officer D Director D Member D Manager
[name]
D General Partner D Limited Partner
Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 1 of 2 ends

Item 1R - Page 15

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.
~. MA;e, Pr <;c)/\Jb). ~9o(o, ICC,,,.!f
[name of owner/investor] [percentage of beneficial interest in entity and name of entity)
B.
¥2..~hl, A-. 'iOtJN~ \ o(o J IPG
[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 ANO CORRECT.
(Revised 09 13.18)
Date

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE FORM

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

Item 1R - Page 16

CITY OF PALM SPRINGS

PROFESSIONAL SERVICES AGREEMENT

ON-CALL ARCHITECTURAL DESIGN SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into, to be effective this !fil day of July. 2021,by and between the CITY OF PALM SPRINGS, a California charter city and municipal corporation, (hereinafter referred to as "City") and INTERACTIVE DESIGN CORPORATION , (hereinafter referred to as "Consultant"). City and Consultant are sometimes hereinafter individually referred to as "Party" and are hereinafter collectively referred to as the "Parties."

RECITALS
A. City has determined that there is a need for As-Needed, "On-Call" Architectural Design Services for a variety of future capital improvement projects, (hereinafter the "Project").

B. Consultant has submitted to City a proposal to provide As-Needed, "On-Call'' Architectural Design Services for a variety of future capital improvement projects to City pursuant to the terms of this Agreement.

C. Consultant is qualified by virtue of its experience, training, education, reputation, and expertise to provide these services and has agreed to provide such services as provided herein.

D. City desires to retain Consultant to provide such professional services.

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

1.0 SERVICES OF CONSULT ANT

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant agrees to perform the professional services set forth in the Scope of Services described in Exhibit "A," which is attached hereto and is incorporated herein by reference (hereinafter referred to as the "Services" or "Work"). The Services shall be more particularly described in the individual Task Order issued by the City. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that this Agreement requires specialized skills and abilities and is consistent with this understanding, Consultant is a provider of first class work and professional services and that Consultant is experienced in performing the Work contemplated herein and, in light of such status and experience, Consultant covenants that it shall perform the Work in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified members of the profession currently practicing under similar conditions.

1.2 Contract Documents. The Agreement between the Parties shall consist of the following:
(1) this Agreement; (2) the Scope of Services; (3) the City's Request for Proposals; (4) the Consultant's signed, original proposal submitted to the City ("Consultant's Proposal"); and (5) the Task Order (as defined herein) (collectively referred to as the "Contract Documents"). The City's Request for Proposals

Page 1 of 19 ends

55575. 18165\ 32900l59.2
Item 1R - Page 17
and the Consultant's Proposal, which are both attached as Exhibits "B" and "C", respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall include the Consultant's Proposal. All provisions of the Scope of Services, Task Order, the City's Request for Proposals and the Consultant's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract Documents, the conflict or inconsistency shall be resolved by applying the provisions in the highest priority document, which shalt be determined in the following order of priority: (1st
) the terms of this Agreement; (2nd
) the provisions of the Task Order; (3rd) Scope of
Services (Exhibit "A"), as may be amended from time to time; (4th) the provisions of the City's Request for Proposal (Exhibit "B"); and (5th) the provisions of the Consultant's Proposal (Exhibit "C"}.

1.3 Compliance with Law. Consultant warrants that all Services rendered hereunder shall be performed in accordance with all applicable federal, state, and local laws, statutes, and ordinances and all lawful orders, rules, and regulations promulgated thereunder, including without limitation all applicable Cal/OSHA requirements. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.4 Licenses, Permits, Fees and Assessments. Consultant represents and warrants to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work required by this Agreement. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, qualification, or approval that is legally required for Consultant to perform the Work under this Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant's performance of the Work required by this Agreement, and shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.

1.5 Familiarity with Work. By executing this Agreement, Consultant warrants that Consultant (a) has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of any Services hereunder. Should the Consultant discover any latent or unknown conditions that will materially affect the performance of the Services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the City.

1.6 Care of Work. Consultant shall adopt reasonable methods during the term of the Agreement to furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Work by the City, except such losses or damages as may be caused by City's own negligence.

1.7 Further Responsibilities of Parties. Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes of this Agreement.
55575.I8165U2900159.2

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1.8 Performance of Services. City Manager, Director of Development Services, or City Engineer as provided in Section 2.1 of this Agreement, shall have the right at any time during the term of this Agreement to order the performance of services as generally described in the Scope of Services to perform extra or additional work beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from such Work. No Work may be undertaken unless a written order is first given by the City Manager, Director of Development Services, or City Engineer to the Consultant, incorporating therein the identification and description of the Work to be performed, a maximum or not to exceed amount for such Work, and the time to perform the Work.

1.9 Unauthorized Aliens. Consultant hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 110 l, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of any Work under this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to reimburse City for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by City.

2.0 COMPENSATION

2.1 Maximum Contract Amount. City and Consultant hereby acknowledge and agree that the Services required by this Agreement will vary dependent upon the number, type, and extent of the Services the Consultant shall provide; and no guarantee of the extent or the type of Services required of Consultant under the terms of this Agreement is made by the City. The annual level of services required by this Agreement is unknown and may significantly increase or decrease from year to year. In acknowledgement of the fact that the number and type of projects requiring the Consultant's Services has not been identified for this Agreement, City and Consultant hereby acknowledge and agree that a specific "Maximum Contract Amount" shall be imposed on each separate project that the City may assign Consultant as provided in Section 1.8 and in this Section 2.1. Each such separate project shall be identified as a Task Order authorized by the City Manager, Director of Development Services, or City Engineer as provided in this Section 2.1.

The method of compensation for each separate City authorized Task Order may include: (i) a lump sum payment upon completion, (ii) payment for time and materials based upon the Consultant's Schedule of Hourly Billing Rates as shown on Exhibit "D", or (iii) such other methods as may be specified in the Schedule of Compensation. Compensation shall include reimbursement for actual and necessary expenditures for reproduction costs, telephone expense, transportation expense, and all other necessary expenditures required to perform the professional services under this Agreement. Compensation shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City; Consultant shall not be entitled to any additional compensation for attending said meetings. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates, and that Consultant shall not be entitled to additional compensation, therefore.

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It is expressly agreed that the maximum contract amount of this Agreement is undefined and is subject to the number and type of projects requiring the Consultant's Services throughout the duration of the term of this Agreement, if any. Consultant's compensation shall be limited to the Maximum Contract Amount identified on each separate, individually authorized Task Order corresponding to a project requiring the services of the Consultant.

By approval of this Agreement, the City Council hereby authorizes the subsequent approval of individual Task Orders (Purchase Orders) in those amounts sufficient to cover the cost of required Services necessary for the projects.

2.2 Method of Payment. Unless some other method of payment is specified in the Schedule of Compensation (Exhibit "D"), in any month in which Consultant wishes to receive payment, no later than the tenth (10) working day of such month, Consultant shall submit to the City, in a form approved by the City's Finance Director, an invoice for Services rendered prior to the date of the invoice. Such requests shall be based upon the amount and value of the Services performed by Consultant and accompanied by such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to Consultant within forty-five ( 45) days after receipt of the invoice or a soon thereafter as is reasonably practical. There shall be a maximum of one payment per month.

2.3 Changes in Scope. In the event any change or changes in the Scope of Services is requested by the City, the Parties shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional professional fees.

An amendment may be entered into: (a) to provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; and/or (b) to provide for additional services not included in this Agreement or not customarily furnished m accordance with generally accepted practice in Consultant's profession.

2.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the Palm Springs City Council for each fiscal year covered by the Agreement.

If such appropriations are not made, the City Manager may terminate this Agreement as provided in Section 8.3 of this Agreement; otherwise, there shall be no funding for any Services and Consultant shall not be entitled to payment for any Services that Consultant may provide.

3. SCHEDULE OF PERFORMANCE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the Services to be performed by Consultant is an essential condition of this Agreement.

Consultant shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon Schedule of Performance for each Task Order. Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.

3.2 Schedule of Performance. Consultant shall commence the Services pursuant to this Agreement upon receipt of a written Task Order and shall perform all Services within the time period(s)

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established in the Schedule of Performance. When requested by Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one hundred eighty ( 180) days cumulatively; however, the City shall not be obligated to grant such an extension.

3.3 Force Maieure. The time for performance of Services to be rendered under each Task Order may be extended because of any delays due to a Force Majeure Event, if Consultant notifies the Contract Officer within ten ( I 0) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant's performance and is one or more of the following: (I) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For putposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the Parties to this Agreement. The Consultant will not receive an adjustment to the contract price or any other compensation. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

3.4 Term. Unless earlier terminated under the terms of this Agreement, this Agreement shall commence on July l, 2021 and continue in full force and effect for three (3) years. At the sole discretion of the City Manager, upon written notice to Consultant and mutual agreement, the term of this Agreement may be extended for two (2) additional one ( l) year terms.

4. COORDINATION OF WORK

4.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the Services to be performed under this Agreement and make all decisions in connection therewith: Maria Song, President. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer.

4.2 Contract Officer. The Contract Officer shall be such person as may be designated by the City Manager of City and is subject to change by the City Manager. It shall be the Consultant's responsibility to ensure that the Contract Officer is kept fully informed of the progress of the performance of the Services, and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

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4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subconsultant(s) in the same manner as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subconsultant and City. All persons engaged in the Work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant from any liability hereunder without the express written consent of City.

4.4 Independent Consultant.

A. The legal relationship between the Parties is that of an independent Consultant, and nothing herein shall be deemed to make Consultant a City employee. During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of its officers, employees, or agents, except as set forth in this Agreement. Consultant, its officers, employees, or agents shall not maintain an office or any other type of fixed business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of Consultant's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Consultant shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers' compensation, and other similar matters. City shall not in any way or for any purpose be deemed to be a partner of Consultant in its business or otherwise a joint venturer or a member of any joint enterprise with Consultant.

B. Consultant shall not incur or have the power to incur any debt, obligation, or liability against City, or bind City in any manner.

C. No City benefits shall be available to Consultant, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Consultant as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for the performance of Services under this Agreement. City shall not be liable for compensation or

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indemnification to Consultant, its officers, employees, or agents, for injury or sickness arising out of performing Services hereunder. If for any reason any court or governmental agency determines that the City has financial obligations, other than pursuant to Section 2 and Subsection 1.8 herein, of any nature relating to salary, taxes, or benefits of Consultant's officers, employees, servants, representatives, subconsultants, or agents, Consultant shall indemnify City for all such financial obligations.

4.5 California Labor Code Requirements.

A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects ("Prevailing Wage Laws"). If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant 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 Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777 .5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1 ).

B. If the Services are being performed as part of an applicable "public works" or "maintenance" project and if the total compensation is $15,000 or more for maintenance or $25,000 or more for construction, alteration, demolition, installation, or repair, then pursuant to Labor Code Sections 1725.5 and 1771. l, the Consultant and all subcontractors performing such Services must be registered with the Department oflndustrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements.

5. INSURANCE

5.1 Types of Insurance. Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, the insurance described herein for the duration of this Agreement, including any extension thereof, or as otherwise specified herein, against claims which may arise from or in connection with the performance of the Work hereunder by Consultant, its agents, representatives, or employees. In the event the City Manager determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk ofloss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City Manager or his designee. Consultant shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein. Except as otherwise authorized below for professional liability (errors and omissions) insurance, all insurance provided pursuant to this Agreement shall be on an occurrence basis. The minimum amount of insurance required hereunder shall be as follows:

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A. Errors and Omissions Insurance. Consultant shall obtain and maintain in full force and effect throughout the term of this Agreement, standard industry fonn professional liability (errors and omissions) insurance coverage in an amount of not less than one million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual aggregate, in accordance with the provisions of this section.
(1) Consultant shall either: (a) certify in writing to the City that Consultant is unaware of any professional liability claims made against Consultant and is unaware of any facts which may lead to such a claim against Consultant; or (b) if Consultant does not provide the certification pursuant to (a), Consultant shall procure from the professional liability insurer an endorsement providing that the required limits of the policy shall apply separately to claims arising from errors and omissions in the rendition of services pursuant to this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years from the date of the completion of the Services provided hereunder. In the event of termination of the policy during this period, Consultant shall obtain continuing insurance coverage for the prior acts or omissions of Consultant during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services under the terms of this Agreement.

B. Workers' Compensation Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Consultant agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City and to require each of its subconsultants, if any, to do likewise under their workers' compensation insurance policies. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.

C. Commercial General Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general aggregate for bodily injury and property damage including coverages for contractual liability, personal injury, independent Consultants, broad form property damage, products and completed operations.

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D. Business Automobile Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include coverage for owned, nonowned, leased, and hired cars.

E. Employer Liability Insurance. Consultant shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence basis with a policy limit of at least one million dollars ($1,000,000.00) for bodily injury or disease.

5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager prior to commencing any work or services under this Agreement. Consultant guarantees payment of all deductibles and self-insured retentions. City reserves the right to reject deductibles or self-insured retentions in excess of $10,000, and the City Manager may require evidence of pending claims and claims history as well as evidence of Consultant's ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

5.3 Other Insurance Reguirements. The following provisions shall apply to the insurance policies required of Consultant pursuant to this Agreement:

A. For any claims related to this Agreement, Consultant's coverage shall be primary insurance as respects City and its officers, council members, officials, employees, agents, and volunteers.

Any insurance or self-insurance maintained by the City and its officers, council members, officials, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it.

B. Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City and its officers, council members, officials, employees, agents, and volunteers.

C. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made, or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.

D. None of the insurance coverages required herein will be in compliance with these requirements if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City Manager and approved in writing.

E. Consultant agrees to require its insurer to modify insurance endorsements to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the endorsements. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of

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the Project. It is Consultant's obligation to ensure timely compliance with all insurance submittal requirements as provided herein.

F. Consultant agrees to ensure that subconsultants, and any other parties involved with the Project who are brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants and others engaged in the Project will be submitted to the City for review.

G. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any insurance requirement in no way imposes any additional obligations on the City nor does it waive any rights hereunder in this or any other regard.

H. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration.

Endorsements as required in this Agreement applicable to the renewing or new coverage shall be provided to City no later than ten (10) days prior to expiration of the lapsing coverage.

I. Requirements of specific insurance coverage features, or limits contained in this section are not intended as limitations on coverage, limits, or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

J. The requirements in this section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this section.

K. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement and for any other claim or loss which may reduce the insurance available to pay claims arising out of this Agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City, or to reduce or dilute insurance available for payment of potential claims.

L. Consultant agrees that the provisions of this section shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages resulting from the Consultant's activities or the activities ofany person or person for which the Consultant is otherwise responsible.

5.4 Sufficiency of Insurers. Insurance required herein 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 such requirements are waived in writing by the City Manager or his designee due to unique circumstances.

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5.5 Verification of Coverage. Consultant 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 Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies.

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

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

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

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

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

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them.

6. INDEMNIFICATION

6.1 To the fullest extent permitted by law, Consultant shall defend (at Consultant'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 (Consultant's employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local

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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 Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant'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 Consultant's indemnification obligation or other liability under this Agreement.

Consultant'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.

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

7. REPORTS AND RECORDS

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

7.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of the Work to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Work contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of such fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.3 Ownership of Documents. All drawings, specifications, reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Consultant, its employees, subconsultants, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials hereunder.

Any use of such completed documents for other projects and/or use of incomplete documents without

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specific written authorization by the Consultant will be at the City's sole risk and without liability to Consultant, and the City shall indemnify the Consultant for all damages resulting therefrom. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. Consultant shall ensure that all its subconsultants shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.

7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. All information gained by Consultant in the performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization.

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

8. ENFORCEMENT OF AGREEMENT

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

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

8.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

8.3 Termination. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant 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, Consultant shall immediately cease all Services except such as may be specifically approved by the Contract Officer.

Consultant 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

Page 13 of 19 ends

55575.18165'32900159.2
Item 1R - Page 29
liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed Services and shall not be entitled to damages or compensation for termination of Work. Consultant may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

8.4 Default of Consultant.

A. Consultant's failure to comply with any provision of this Agreement shall constitute a default.

B. If the City Manager, or his designee, determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Consultant in writing of such default. Consultant shall have ten ( 10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Consultant fails to cure its default within such period of time, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this Agreement. Consultant shall be liable for any and all reasonable costs incurred by City as a result of such default. Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to Section

8.3. C. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 8.4.B, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure to withhold payments to Consultant shall not limit Consultant's liability for completion of the Services as provided herein.

8.5 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from enforcing the full provisions hereof.

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

8. 7 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to

Page 14 of 19 ends

55575.18165\32900159.2
Item 1R - Page 30
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

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

9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

9.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Consultant 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").

Consultant 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, Consultant certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Consultant 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 Consultant 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.

10. MISCELLANEOUS PROVISIONS

10.1 Patent and Copyright Infringement.

A. To the fullest extent permissible under law, and in lieu of any other warranty by City or Consultant against patent or copyright infringement, statutory or otherwise, it is agreed that Consultant shall defend at its expense any claim or suit against City on account of any allegation that any item furnished under this Agreement, or the normal use or sale thereof arising out of the performance of

Page 15 of 19 ends

5557 5, I 8165''32900159.2
Item 1R - Page 31
this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Consultant shall pay all costs and damages finally awarded in any such suit or claim, provided that Consultant is promptly notified in writing of the suit or claim and given authority, information and assistance at Consultant's expense for the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence, recklessness or willful misconduct of Consultant. However, Consultant will not indemnify City if the suit or claim results from: (l) City's alteration of a deliverable, such that City's alteration of such deliverable created the infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in combination with other material not provided by Consultant when it is such use in combination which infringes upon an existing U.S. letters patent or copyright.

B. Consultant shall have sole control of the defense of any such claim or suit and all negot1at1ons for settlement thereof, Consultant shall not be obligated to indemnify City under any settlement made without Consultant's consent or in the event City fails to cooperate in the defense of any suit or claim, provided, however, that such defense shall be at Consultant's expense. If the use or sale of such item is enjoined as a result of the suit or claim, Consultant, at no expense to City, shall obtain for City the right to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright indemnity thereto.

10.2 Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of posting by the United States Post Office ifby mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty•eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e•mails, text messages, instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City:

To Consultant:

City of Palm Springs
Attention: City Manager
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
Interactive Design Corporation
Attention: Maria Song
199 South Civic Drive, Suite I 0
Palm Springs, CA 92262
Telephone: (760) 323-4990

10.3 Entire Agreement. This Agreement constitutes the entire understanding between the Parties and supersedes and cancels all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter hereof. No amendments or other modifications of this Agreement shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

Page 16 of 19 ends

55575.181 65\32900159 2
Item 1R - Page 32
'
Item 1R - Page 33

SIGNATURE PAGE TO ON-CALL PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF PALM SPRINGS AND INTERACTIVE DESIGN CORPORATION IN WITNESS WHEREOF, the City and the Consultant have caused this Agreement to be executed the day and year first above written.

CONTENTS APPROVED:
/)d- By ~~f--
Justin ~ty ~ager
Date: '& 'I i I
APPROVED AS TO FORM: APPROVED BY CITY COUNCIL:

Jef~Balmger,'Attomey By ~~~~ Date: 6/,IJ poilAgreement No. '1-,:S 16 Date: J \d, \_.;, :z.J, '2.,i) -z... (

CONSULTANT
Name: Interactive Design Corporation
Check one: _ Individual _ Partnership ~Corporation
Corporations require two notarized signatures: One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

Address: 199 S. Civic Dr., Suite 10
Palm Springs, CA 92262
By: ___ ~_ ··- -+- - - - - -
~( notarized)
Name: Maria Song
Title: President
55575 18165\32900159,2
By:_~- - ----- - - Signature (notarized)
Name: Reuel Young
Title: Secretary

Page 18 of 19 ends

Item 1R - Page 34

ALL-PURPOSE ACKNOWLEDGMENT
State/Commonwealth of _ VIRGIN ................................ IA ____ _ D City~ County of Prince William
)
)
)
On 07/09/2021
Date
before me, __ T __ e __ n __ e __ i __ s __ h--a __ M ____ o __ n __ a __ e_M __ c __ R __ o __ y ______ _ Notary Name
personally appeared Reuel Anthony Young, Maria Song
Name(s) of Signer(s)
□ personally known to me - OR -
□ proved to me on the basis of the oath of_....,.,._.....,.~...,.,,.,,.....,.,.,,.... _____ OR - Name of Credible Witness fl proved to me on the basis of satisfactory evidence: driver license Type of ID Presented
to be the individual(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 by proper authority, and that by his/her/their signature(s) on the instrument, the individual(s), or the person(s) or entity upon behalf of which the individual(s) acted, executed the instrument for the purposes and consideration therein stated.

Al[G1$TRATION HUHIER
75110327
COHM1$$t0N EXPIAES
Feb,..., 2e. 20.2S
WITNESS my hand and official seal.

Notary Public Signature: 7.:st.. ~f#t•t. Md,y
Notary Name: Teneisha Monae McRoy
Notary Commission Number:_7_9_1_0_3_2_7 _____ _
Notary Commission Expires: 02/28/2025
Notarized online using audio-video communication

DESCRIPTION OF A TT ACHED DOCUMENT
Title or Type of Document: Professional Services Agreement Document Date: 07/09/2021 Number of Pages (w/ certificate): __ ]_?_s __ Signer(s) Other Than Named Above: ___ N_/_A ______________ _ Capacity(les) Claimed by Signer(s)
Signer's Name: ___ Mc....=.a:..:.ria=-a=S=o.:..:.n .. g ____ _ ,!! Corporate Officer Title: ergsigent
□ Partner- □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian of Conservator
□ Other:

Capacity(les) Claimed by Slgner(s)
Signer's Name: Be11el Aotbao)l Ya, mg
~ Corporate Officer Title: Secretar:i£
□ Partner- □ Limited □ General
□ Individual □ Attorney in Fact
□ Trustee □ Guardian of Conservator
□ Other:

Signer Is Representing: _______ Signer Is Representing: ______ _ loteractjye Pesjqn Corporation IAt'iriir.ti><'i O'iiigA C,;irporitioA ( 125)
S. SECOND READING AND ADOPTION OF ORDINANCE NO. 2118
AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.25

RELATIVE TO THE ALLOTMENT OF ANNUAL CONTRACT LIMITS

FOR VACATION RENTAL PERMIT HOLDERS
RECOMMENDATION:

Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2118, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 5.25.070(b) OF THE CITY’S VACATION RENTAL ORDINANCE, REGARDING THE ANNUAL CAP

ON THE NUMBER OF VACATION RENTALS THAT CAN OCCUR ON
RESIDENTIAL PROPERTY WITHIN THE CITY OF PALM SPRINGS.”
Item 1S - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2118 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 5.25

RELATIVE TO THE ALLOTMENT OF ANNUAL CONTRACT LIMITS FOR

VACATION RENTAL PERMIT HOLDERS
FROM: Scott C. Stiles, City Manager
BY: Department of Special Program Compliance
SUMMARY:

This is the second reading of an ordinance to amend Palm Springs Municipal Code (PSMC) Section 5.25 regarding the allotment of annual contract limits for vacation rental permit holders.

RECOMMENDATION:

ORDINANCE, REGARDING THE ANNUAL CAP ON THE NUMBER OF VACATION

RENTALS THAT CAN OCCUR ON RESIDENTIAL PROPERTY WITHIN THE CITY OF PALM SPRINGS.”
STAFF ANALYSIS:

On October 22, 2025, Ordinance No. 2118 was introduced for first reading as noted below:

ACTION: Waive reading of the text in its entirety, read by title only and introduce for first reading, Ordinance No. 2118, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA AMENDING SECTIONS 5.25.07(b) OF THE CITY’S

VACATION RENTAL ORDINANCE, REGARDING THE ANNUAL CAP ON THE

NUMBER OF VACATION RENTALS THAT CAN OCCUR ON RESIDENTIAL PROPERTY WITHIN THE CITY OF PALM SPRINGS”
Item 1S - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Second Reading of Ordinance 2118
AYES: Councilmembers Garner, Bernstein, Ready, Mayor Pro Tem Soto, Mayor deHarte
NOES: None
ABSENT: None
The City Council voted to introduce Ordinance No. 2118, subject to certain revisions which were made at the time of first reading. Namely, the City Council voted to not increase the number of allowable rentals for those properties permitted after November 2022. The Council also voted to keep the “third quarter” distinction for pre-November 2022 permitted properties. Those revisions resulted in the following language:
“§ 5.25.070 Operational Requirements and Standard Conditions. ***
(b) For new permittees, on and after the effective date of this oOrdinance No. 2075, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year. For existing permittees, no more than 32 contracts for vacation rental use of a property shall be allowed or provided in any calendar year; however, up to four additional contracts shall be allowed or provided for the third quarter of a calendar year so long as the entire term of each such contract occurs during such third quarter, subject to reduction in such numbers on and after January 1, 2026. A contract includes any occupancy of a property subject to a vacation rental registration certificate by persons other than the owner when the owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. For any property for which a Junior vacation rental registration certificate has been issued, no more than six contracts for vacation rental use of that property shall be allowed or provided in any calendar year.
(1) [Intentionally left blank].
(2) [Intentionally left blank].
(3) For Existing Permittees, the 32 + four contract limitation above shall be reduced to 26, on January 1, 2026. For new permittees, on and after the effective date of this ordinance, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year.
(4) Notwithstanding the restrictions imposed by this subparagraph, the owner at the time an application or renewal is submitted can designate and file with the enforcement official the names of up to five persons who may occupy the vacation rental unit at no cost and without requiring the presence of the owner on the premises of the vacation rental. Each such occupancy shall fully comply with all other provisions of this chapter, including, without limitation, the requirement to submit a contract summary prior to each applicable occupancy, as set forth in Section 5.25.070(h).

Item 1S - Page 3
City Council Staff Report
November 12, 2025 -- Page 3
Second Reading of Ordinance 2118
The attached ordinance incorporates those revisions made at first reading.

This report provides for the City Council to waive further reading and adopt the ordinance, which shall be effective 30 days from adoption.

REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Ordinance No. 2118
Item 1S - Page 4

ATTACHMENT A
Item 1S - Page 5
55575.18195\44323299.1
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTIONS 5.25.070(b) OF THE
CITY’S VACATION RENTAL ORDINANCE, REGARDING

THE ANNUAL CAP ON THE NUMBER OF VACATION

RENTALS THAT CAN OCCUR ON RESIDENTIAL

PROPERTY WITHIN THE CITY OF PALM SPRINGS
City Attorney’s Summary
This ordinance removes an upcoming reduction in the annual number of short term rentals of certain residential properties, which reduction would otherwise go into effect on January 1, 2026.

WHEREAS, on March 15, 2017, the City Council of the City of Palm Springs adopted Ordinance No. 1918, which comprehensively and strictly regulated the short term rentals of residential properties within the City; and
WHEREAS, Ordinance No. 1918 was primarily codified as Chapter 5.25 of the Palm Springs Municipal Code, with some provisions also being codified as Section

93.23.16 of the Palm Springs Municipal (Zoning) Code; and WHEREAS, among other regulations, Section 5.25.070(b) provided for a cap on the number of short term rentals that could lawfully be conducted per year, originally setting that number at thirty two (32) rentals in any calendar year, plus up to an additional four (4) rentals occurring entirely during the third quarter of a year; and WHEREAS, on November 28, 2022, the City Council adopted Ordinance No. 2075, amending Section 5.25.070(b), setting the annual cap at twenty six (26) for “New Permittees”, thirty six (36) (32 + 4) for “Existing Permittees”, and providing that said thirty six (36) cap for Existing Permittees would automatically go down to twenty six (26) on January 1, 2026.

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

SECTION 1. Section 5.25.070, subdivision (b) of the Palm Springs Municipal Code is hereby amended to read as follows:
“§ 5.25.070 Operational Requirements and Standard Conditions. ***
(b) For new permittees, on and after the effective date of this oOrdinance No. 2075, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year. For existing permittees, no more than 32 contracts for vacation rental use of a property Item 1S - Page 6
55575.18195\44323299.1
Ordinance No. _____

Page 2 ends

shall be allowed or provided in any calendar year; however, up to four additional contracts shall be allowed or provided for the third quarter of a calendar year so long as the entire term of each such contract occurs during such third quarter, subject to reduction in such numbers on and after January 1, 2026. A contract includes any occupancy of a property subject to a vacation rental registration certificate by persons other than the owner when the owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document. For any property for which a Junior vacation rental registration certificate has been issued, no more than six contracts for vacation rental use of that property shall be allowed or provided in any calendar year.
(1) [Intentionally left blank].
(2) [Intentionally left blank].
(3) For Existing Permittees, the 32 + four contract limitation above shall be reduced to 26, on January 1, 2026. For new permittees, on and after the effective date of this ordinance, no more than 26 contracts for vacation rental use of a property shall be allowed or provided in any calendar year.
(4) Notwithstanding the restrictions imposed by this subparagraph, the owner at the time an application or renewal is submitted can designate and file with the enforcement official the names of up to five persons who may occupy the vacation rental unit at no cost and without requiring the presence of the owner on the premises of the vacation rental. Each such occupancy shall fully comply with all other provisions of this chapter, including, without limitation, the requirement to submit a contract summary prior to each applicable occupancy, as set forth in Section 5.25.070(h). *** ”
SECTION 2. 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 the 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 this Ordinance consists of regulations intended to ensure that the incidental short term rental use of residential property remains an ancillary and secondary use of residential property in the City and thereby preserve the residential character of the City's single- family and multi-family 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 from the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.

PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, 2025.

Item 1S - Page 7
55575.18195\44323299.1
Ordinance No. _____

Page 3 ends

Ron deHarte
Mayor
ATTEST:

BRENDA PREE, MMC

CITY CLERK
Item 1S - Page 8
55575.18195\44323299.1
Ordinance No. _____

Page 3 ends

Item 1S - Page 9
55575.18195\44323299.1
Ordinance No. _____

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, 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 1S - Page 10
T. APPROVE FUNDING IN THE AMOUNT OF $25,000 OF PUBLIC ART

FUNDS TO THE OLD LAS PALMAS NEIGHBORHOOD
ORGANIZATION FOR COMMISSION OF THE “YELLOW WARBLER”
SCULPTURE AND “DANCING RHINO” SCULPTURE BY ARTIST

DELOS VAN EARL, BOTH TO BE LOCATED IN THE WEST CHINO

DRIVE MEDIAN IN THE OLD LAS PALMAS NEIGHBORHOOD, AND

APPROVE THE DONATION OF THE SCULPTURES TO THE CITY
RECOMMENDATION:

Approve the expenditure of Public Art Funds in the amount of $25,000 for commission and installation of Yellow Warbler and Dancing Rhino by Delos Van Earl.

Accept donation of the public art pieces Yellow Warbler and Dancing Rhino from the Old Las Palmas Neighborhood Organization by Artist Delos Van Earl on the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road.

Item 1T - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: APPROVE FUNDING IN THE AMOUNT OF $25,000 OF PUBLIC ART

FUNDS TO THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION
FOR COMMISSION OF THE “YELLOW WARBLER” SCULPTURE AND
“DANCING RHINO” SCULPTURE BY ARTIST DELOS VAN EARL, BOTH

TO BE LOCATED IN THE WEST CHINO DRIVE MEDIAN IN THE OLD

LAS PALMAS NEIGHBORHOOD, AND APPROVE THE DONATION OF

THE SCULPTURES TO THE CITY
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Public Arts Commission is requesting the City Council approve funding in the amount of $25,000 as a Community Grant for the commission and installation of two pieces of art, Yellow Warbler and Dancing Rhino (Artworks) by Delos Van Earl (Artist). The proposed location for the Artwork is the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road. The total cost to create and install the Artwork is $50,000, with $25,000 to be provided by the City and $25,000 to be provided by the Old Las Palmas Neighborhood Organization (OLPNO). The Artworks will also be donated to the City.

RECOMMENDATION:
1) Approve the expenditure of Public Art Funds in the amount of $25,000 for commission and installation of Yellow Warbler and Dancing Rhino by Delos Van Earl.
2) Accept donation of the public art pieces Yellow Warbler and Dancing Rhino from the Old Las Palmas Neighborhood Organization by Artist Delos Van Earl on the West Chino Drive median, west of North Palm Canyon Drive and east of Belardo Road.

BACKGROUND:

On November 9, 2023, the City Council approved a community grant of $5,000 to assist with the installation of the Red Dragon sculpture located in the West Chino Drive median, Item 1T - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Approving Funding for Public Artwork in Old Las Palmas
west of Belardo Road and east of North Cahuilla Road. OLPNO paid $20,000 to cover the total cost to create and fabricate the Red Dragon sculpture by Artist, and the $5,000 grant was used to pay for installation of the sculpture. Red Dragon was donated by the neighborhood to the City.

On July 9, 2024, the City Council approved funding in the amount of $50,000 as a Community Grant for the commission and installation of two additional pieces of art named Prince and Blue Belly Crab, also by the Artist for the West Chino Drive median.

The total cost to create and install the Prince and Blue Belly Crab was $50,000 ($25,000 each). Both were also donated to the City.

At their meeting on October 9, 2025, the City’s Public Arts Commission voted to recommend the City Council approve a proposal (Attachment A) from OLPNO requesting funding in the amount of $25,000 to pay half the costs of installing two additional art pieces named Yellow Warbler and Dancing Rhino. The total cost to create and install these pieces is $50,000. As proposed, $25,000 would be provided by the City and $25,000 would be provided by the OLPNO, and the Artworks would be donated to the City.

STAFF ANALYSIS:

OLPNO submitted an unsolicited proposal to the Public Arts Commission to have the Artworks created and installed in the West Chino Drive median at the locations shown below in Image 1.

Image 1: Proposed Locations
Item 1T - Page 3
City Council Staff Report
November 12, 2025 -- Page 3
Approving Funding for Public Artwork in Old Las Palmas
The proposal is to create and install the final two sculptures of the five-piece "Creature Alley" collection. Yellow Warbler is shown in Image 2 and Dancing Rhino is shown in Image 3 below. Creature Alley is the name of a public art installation located on the median of West Chino Drive in the Old Las Palmas neighborhood of Palm Springs. The installation was conceptualized as a series of five sculptures. Approving this final phase will bring a successful, multi-phase public art project to its intended completion.

The five sculptures in the Creature Alley collection are shown in Attachment A and include:

1. Red Dragon (Installed in Phase One)

2. Prince (Installed in Phase Two)

3. Blue Belly Crab (Installed in Phase Two)

4. Yellow Warbler (Proposed for Phase Three)

5. Dancing Rhino (Proposed for Phase Three)
The OLPNO is offering a direct $25,000 contribution to match the requested City funds.

This 1:1 match, generated from the neighborhood's own successful fundraising efforts during their 2025 Modernism Week Home Tour, demonstrates significant community buyin and financial commitment. This partnership allows the City to acquire $50,000 worth of public art for a public investment of $25,000, effectively doubling the impact of the funds.

The "Creature Alley" installation has already proven to be a popular and engaging landmark. The proposal notes that the reaction from residents to the existing sculptures has been "overwhelmingly positive." Furthermore, the installation serves as a destination for residents and visitors alike, with frequent reports of "visitors taking 'selfies' with these sculptures," which aligns with the city's goal of creating visible and interactive public art.

The OLPNO's substantial financial pledge confirms their commitment to seeing this full vision realized.

Item 1T - Page 4
City Council Staff Report
November 12, 2025 -- Page 4
Approving Funding for Public Artwork in Old Las Palmas
Image 2: Yellow Warbler
Image 3: Dancing Rhino
Item 1T - Page 5
City Council Staff Report
November 12, 2025 -- Page 5
Approving Funding for Public Artwork in Old Las Palmas
Each of the Artworks will be approximately 10’x 6’ x 5’ in size and weigh approximately 550 pounds. They will be made of steel and painted with sign painter’s enamel to give the pieces a long-lasting surface life. This can also be easily repainted when needed. The planned disposition of the Artworks is to donate them to the City (as was Red Dragon, Prince, and Blue Belly Crab). If approved, OLPNO can engage the artist to begin working on the Artworks with the expected completion date by the end of February 2026.

As proposed, the Artworks will be created by Delos Van Earl. The Artist moved to the Coachella Valley in 1987 and subsequently opened a studio in Yucca Valley where he creates large scale sculptures and paintings. He received his Bachelor of Art at California State University, Chico before attending Mills College in Oakland for his Master’s in Fine Art. Locally, he is recognized by many for “Jungle Red” and “Orange Twist”, both located in Palm Springs. He has community pieces in almost 50 corporate and public collections.

ENVIRONMENTAL ASSESSMENT:

The recommended action is not a “project” for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

ALIGNMENT WITH STRATEGIC PLANNING:

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

Approval of this action will allocate $25,000 of Public Art Funds for the creation and installation of public art. Approval of this action would have no impact on the General Fund.

REVIEWED BY:

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

A. Old Las Palmas Neighborhood Organization Proposal
Item 1T - Page 6

ATTACHMENT A
Item 1T - Page 7
Item 1T - Page 8
October 2, 2025
Mr. Jay Virata
Director

JOHN WILLIAMS
385 WEST VEREDA SUR
PALM SPRINGS, CA 92262
Housing and Community Development Department
Palm Springs, CA
Dear Jay,
Attached please find material related to our presentation by the Old Las Palmas Neighborhood Organization to the Palm Springs Public Arts Commission on October 9, 2025. Is it possible to get this packet out to the Commissioners of the Public Arts Commission before the meeting? I believe last time you were able to scan the document and get it out.

Also, if possible, could you send a copy of the scan to my email address? [email protected]
I would like to get this out to our board members of OLPNO and my scanner is not up to the task of handling this large document.

Many thanks in advance and we look forward to a successful presentation. Please email me or phone me if you have any questions.

John Williams
760-668-5244
Item 1T - Page 9
Presentation to:

Date:

Artist:

Presented by:

Contacts:

Request for Funding
Palm Springs Public Arts Commission
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92264
www.palmsringsca.gov
Thursday, October 9, 2025
Delos Van Earl
55666 Yucca Trail
Yucca Valley, CA 92252
760-333-2271
www.delosvanearlstudios.com
Old Las Palmas Neighborhood Organization
P.O. Box 2658
Palm Springs, CA 92263
760-841-4538
www.oldlaspalmas.org
Paul Mahoney, Chair
760-594-1599
[email protected]
Dan Kiser, Beautification Committee
917-921-9539
[email protected]
Tim Schoeffler, Beautification Committee
202-997-1519
[email protected]
John Williams, Beautification Committee
760-668-5244
[email protected]
Item 1T - Page 10
Introduction
and
History
Item 1T - Page 11
Introduction
In order to better understand our neighborhood and the project we are asking you to help us fund, it is important that we share information about the Old Las Palmas Neighborhood Organization.

History of the Old Las Palmas Neighborhood Organization (OLP NO} Old Las Palmas had a neighborhood group that had met for many years to discuss neighborhood issues. However, in 2005, the Palm Springs City Council formalized a process for officially recognizing neighborhood organizations throughout Palm Springs through a new City ordinance. The Old Las Palmas Neighborhood Organization (OLPNO} was one of the first neighborhoods to be recognized as an "official" neighborhood. There are now 52 recognized neighborhoods. Of the 257 single family homes in OLPNO, 166 are paid members of OLPNO.

This makes OLPNO one of the most inclusive neighborhoods in the city with participation of 65% of our homes as paid members. Each year OLPNO holds a Fall Meeting and a Spring Meeting. Both meetings are attended by more than 100 of our neighborhood residents.

OLPNO believes in community involvement and working to improve our neighborhood for our residents.

Beautification of our Neighborhood
From the very beginning OLPNO has spearheaded projects to beautify Old Las Patmas. One of our first projects was to landscape the medians in our neighborhood. The medians along West Chino Drive, Mountain View, and Via Las Palmas are now thriving with desert landscaping and drought tolerant plants. The OLPNO Board keeps a close eye on these medians and works with the City to maintain them beautifully. ,-~.
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. . Old Las Palmas Marker
Our next successful project created six Old Las Palmas
markers throughout our neighborhood. These markers
will stand the test of time and will outlive most of us! The markers are located on the West Chino Drive median, in
the Mountain View median, in the Via Las Palmas median
(where there are two), in a small median at the corner of Merida Place and Prescott Drive, and the last one at the corner of Camino Sur and Camino del Corte. These
markers are now the property of the City of Palm Springs.

Item 1T - Page 12
Our neighborhood has continually completed small beautification projects, like painting over the graffiti on the wall of the parking lot behind Koffi North. Recently we ordered enough street "topper" signs to place on each and every one of our street signs in Old Las Palmas.

A Desire for Art in Our Neighborhood and Selecting an Artist In late 2022 the OLPNO Board decided that we would like to have some significant public art in Old Las Palmas. We discussed many artists and locations and settled on contacting Delos Van Earl for his thoughts and ideas. Delos is a well-respected artist with a studio in Yucca Vally, California. He has multiple pieces on display in the Coachella Valley, including the famous Jungle Red Sculpture in the Warm Sands Neighborhood of Palm Springs and The Seeker on El Paseo in Palm Desert. Included with this packet are three articles on Delos' work in Art Patron Magazine, Palm Springs Life, and Xtra Magazine. Also included is a listing of his solo exhibitions, group exhibitions and reviews in publications of his work. You may view more of his work at www.delosvanearlstud1os.com. Members of the OLPNO Board asked Delos to tour our neighborhood and make suggestions for artwork. We as a board thought the median on Via Las Palmas was the ideal location for our first art installation.

Delos was not sold on that location. We showed him the very long West Chino median, and he was immediately anxious to make suggestions to us about art along that median. We asked him to develop ideas, and he did.

Selecting the Art
Prototype of Red Dragon
Engaging the Community
Delos floated the idea to us of creating "Creature Alley" along the West Chino Median. He suggested at least five sculptures to line the median to create a long, interesting art installation. We were intrigued. Delos thought our first installation should be the piece he titled "Red Dragon." Over the next few weeks Delos created a prototype of his proposed Red Dragon, along with pictures of four more
sculptures that he proposed to install along the West
Chino median. As a group we were immediately on board
with his ideas and design. We all loved the concept and the images of the art pieces! But the process from design to installation needed to be addressed.

We decided to dedicate our OLPNO Spring Meeting in April of 2023 to introducing our neighborhood to our idea for the art walk Creature Alley along the West Chino median. We asked Delos to deliver Item 1T - Page 13
the prototype of Red Dragon and to attend our Spring Meeting. We had over 100 of our neighbors in the backyard of one of our board member's home. The meeting was a complete success. The great majority of neighbors loved Red Dragon, and they especially enjoyed meeting Delos Van Earl, the artist and creator. We knew we had a winner. In addition to this meeting, we sent numerous emails to our membership describing the process and introducing the artist, Delos Van Earl. We were ready - except for the funding. The price of the first piece, Red Dragon, was $25,000. Fortunately, we had reserve funds left over from the Old Las Palmas Home Tour that we did in conjunction with Modernism Week a couple of years ago. We had almost $20,000 available. So how to proceed? Engaging the Public Arts Commission
We contacted the City of Palm Springs and the Chair of the Public Arts Commission to see how we should proceed. We worked with both Arts Commission Members Russell Pritchard and Gary Armstrong on the process. It was recommended that we plan to procure the artwork with the help of the Public Arts Commission, and after installation, we donate the artwork Red Dragon to the City of Palm Springs for its Public Arts Collection. As we at the time had $20,000 in funds from our Modernism Week Home Tour, we asked the Public Arts Commission for the needed $5,000. They were incredibly supportive and recommended that the City Council approve our request. City Council did approve our request, and Red Dragon was installed on November 7, 2023. A subsequent dedication ceremony was held with a significant amount of press coverage. The OLPNO Board of Directors is most thankful to the Public Arts Commission and to the City Council for their help in getting this incredible piece of public installed in our neighborhood on the West Chino median . .. Red Dragon being installed West Chino Artist Delos Van Earl after Installation Item 1T - Page 14
The Collection
Item 1T - Page 15
The Collection:

We worked with Delos Van Earl to create four more sculptures that we envisioned placing along the West Chino Median. We envisioned these sculptures to be toward the eastern end of the median to be more visible to the public as they drive along North Palm Canyon and to be especially enticing to the customers of the shops at The Corridor Palm Springs. Delos agreed to create prototypes for our review.

The Prototypes:

Delos Van Earl created and presented us with four amazing prototypes of the sculptures he envisioned placing along the Chino Median. A photo of each is shown on the flowing page.

Prince
Blue Belly Crab
Yellow Warbler
Dancing Rhino
Our Board was thrilled with these creations.

Decisions, Decisions:

We as the board of the Old Las Palmas Neighborhood Organization were sold the idea of four more creatures to be added to Creature Alley, and also sold on Delos Van Earl as our artist. However, we do not make decisions in a vacuum. We involved our neighborhood residents to make two decisions. 1) Did they like the current piece, Red Dragon, and do they want to continue with the creatures along West Chino median to create Creature Alley, and 2) if so, which of the creatures should be the next two to be installed along Creature Alley? Spring of 2024 gave us the perfect opportunity to engage our neighbors.

We held a Cheers on Chino Block Party on March 9th. The Old Las Palmas Neighborhood Organization used the parking lot of Temple Isaiah to have our Cheers on Chino event, complete with carnival games, live music, food and drinks, and a large table where we displayed the four prototype sculptures with their names. We asked our neighbors for their opinion of the current Red Dragon sculpture, and a large majority of residents were very supportive Then we asked which sculptures they preferred to be the next two. A large majority of residents selected Prince. Not far behind in second place was Blue Belly Crab.

We knew we had two winners! We decided to work toward installation of both Prince and Blue Belly Crab as soon as possible.

Item 1T - Page 16
Prince
•
•
Yellow Warbler
Blue Belly Crab
Dancing Rhino
Item 1T - Page 17
Phase Two
Item 1T - Page 18
The Presentation:

On June 6, 2024, members of the Old Las Palmas Neighborhood Organization made a presentation to the Palm Springs Public Arts Commission. Joining the neighborhood representatives was artist Delos Van Earl. The community members and artist were there to ask the Public Arts Commission for financial assistance to install the next two sculptures by Delos Van Earl, Prince and Blue Belly Crab. OLPNO did not have sufficient funds at the time to move forward, and therefore asked the commission for $50,000 to fund the installation of both Prince and Blue Belly Crab. The artist, Delos Van Earl, made an impassioned presentation about the need to have the full collection in place to portray its full meaning.

The Decision:

After lengthy discussion the Public Arts Commission voted to support the $50,000 in funding of the two sculptures. Needless to say the representatives of the neighborhood and the artist were thrilled! Please be aware that the Old Las Palmas Neighborhood Organization and its members are extremely grateful for this support.

Next Step:

The final step in the process requires the Palm Springs City Council to approve the Public Arts Commission request. That approval came in July of 2024. Again, neighborhood representatives and the artist are sincerely grateful to the Palm Springs City Council for approving the funding of these two sculptures.

Installation:

The sculptures had to be created and that takes several months. The goal of the neighborhood organization was to have the two sculptures in place for Modernism Week in February 2025. Delos Van Earl, the artist, was able to meet the timeline and the sculptures were installed in January 10, 2025.

Interest and Reaction:

The reaction of neighborhood residents has been overwhelmingly positive. Many of our residents have personally thanked our neighborhood board for facilitating this installation of two more members of Creature Allely. Additionally, residents of the Old Las Palmas Neighborhood report that frequently they see visitors taking "selfies" with these sculptures as a souvenir of Palm Springs and its commitment to public art. Again, a HUGE THANK you to both the Palm Springs Public Arts Commission and the Palm Springs City Council for supporting this very visible public art in the Old Las Palmas neighborhood for both residents and visitors to enjoy.

Item 1T - Page 19
Phase Three
and
Request for
Funding
Item 1T - Page 20
It's Time to Complete Creature Alley:

The Old Las Pal mas Neighborhood Organization and artist Delos Van Earl believe that Creature Alley is incomplete without the two remaining sculptures, Yellow Warbler and Dancing Rhino, that are part of the series. We are committed to getting these sculptures in place as soon as possible to complete the street scape. The two remaining sculptures wit I be equally spaced between the existing Red Dragon sculpture and Blue Belly Crab. See the attached diagram for more complete placement information.

What Will It Cost?
Though prices have gone up on materials needed to create Yellow Warbler and Dancing Rhino, artist Delos Van Earl has agreed to keep the costs the same. The cost is $25,000 each, or a total of $50,000.

This cost is the complete cost and includes creating a concrete base and installation by crane of the two sculptures. For art of this quality and magnitude we feel the cost is very reasonable. An invoice from the artist is attached.

How Long Will It Take?
We don't know exactly but artist Delos Van Earl has promised to move these pieces along as quickly as possible. We hope to have them in place for most of the tourist season Winter 2026.

And Most Importantly, An Offer by the Old Las Palmas Neighborhood Organization:

The Old las Palmas Neighborhood Organization hosted a home tour in conjunction with Modernism Week 2025. Our tour was extremely successful and completely sold out. We want to use some of the profits from the tour to help beautify our neighborhood and add significant art to the Palm Springs Public Arts Collection. We don't have the funds to purchase both sculptures, but we are in a position to contribute.

THE OLD LAS PALMAS NEIGHBORHOOD ORGANIZATION WILL FUND THE PURCHASE OF ONE OF THE SCULPTURES FOR $25,000 IF THE PALM SPRINGS

PUBLIC ARTS COMMISSION RECOMMENDS FUNDING THE PURCHASE OF THE SECOND SCULPTURE FOR $25,000. WE UNDERSTAND THAT THE PALM SPRINGS CITY COUNCIL Will NEED TO SUPPORT THIS OFFER TO MAKE IT OFFICIAL.

We are very fortunate to have the great support of our neighbors and their help in organizing and hosting our Modernism Week Tour 2025 and we want to give back a large portion of the profits for the benefit of the City of Palm Springs.

Item 1T - Page 21
Remaining Sculptures that are part of the
Creature Alley Collection
•
•
•
•
Yellow Warbler Dancing Rhino
Item 1T - Page 22
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Proposed Artwork
Donation
Note· This Proposed Artwork Donation is for the sculptures Yellow Warbler and Dancing Rhino. We are requesting funding of $25,000 from the Palm Springs Public Arts Commission that will be matched by funding of $25,000 from the Old Las Palmas Neighborhood Organization. The total cost of the two sculptures is $50,000. Both sculptures will be donated to the City of Palm Springs per the attached Artwork Donation Form.

Donor:

Recipient:

Artist:

Artwork:

Install Location:

Old Las Palmas Neighborhood Organization
P.O. Box 2658
Palm Springs, CA 92263
(760) 841-4538
~ w~ no.org
City of Palm Springs
3200 E. Tahquitz Way
Palm Springs, CA 92262
(760) 323-8299
Delos Van Earl
55666 Yucca Trail
Yucca Valley, CA 92252
(760) 333-2271
www .delosvanearlstudios.com
Yellow Warbler and Dancing Rhino by Delos Van Earl
West Chino Drive median between Palm Canyon Drive and Belardo Rd.

Palm Springs, CA
Application procedure requirements outlined in the City of Palm Springs Public Arts Program Application for Donation of Artwork are answered on subsequent pages in the packet.

Item 1T - Page 24
Application for Donation of Artwork
Proposed Artwork
Proposed Donation: Yellow warbler and Dancing Rhino Sculptures Donor's Address: Old Las Palmas Neighborhood Organization, Paul Mahoney, President Donor's Phone: (460) 594-1599 Donor's Email: [email protected] Artist: Delos Van Earl
Artist Address: 55666 Yucca Trail, Yucca Valley, CA 92252 Artist's Phone: (760) 333-2271 Artist's Email: [email protected] Title of Artwork: Yellow warbler and Dancing Rhino
Media: Sculpture
Description of Artwork: Large metal outdoor sculptures painted bright colors. Yellow Warbler is inspired by the small bright yellow songbird found in North America, and Dancing Rhino is inspired by black rhino's midden dance routine.

Approximate Weight: 550 lbs. each Dimensions: 1 O' x 6' x 5' Approximate Cost: $25,000 each for a total of $50,000 including tax, delivery and installation.

Location of Identification Plaque: TBD
Description of Foundation: Concrete
Proposed Date of Delivery: February 2026
Proposed Date of Installation: February 2026
Proposed Landscape Plans or Requirements: NIA
Special Handling or Installation Requirements Unique to This Artwork: NIA as artist will install Identify Maintenance and Conservation Requirements Necessary for This Artwork: Normal Maintenance Item 1T - Page 25
Application Procedures
The prospective donor shall submit, to the Director of Community and Economic Development, the following information as part of the Donation of Artwork Application:
-Sketches, photographs or other documentation of sufficient descriptive clarity to Indicate the nature of the proposed artwork, to be donated.

Attached art the artist's rendition of the proposed sculptures Yellow Warbler and Dancing Rhino. -Additional samples of artist's work other than the proposed donation.

Attached are photos of additional artworks by the artist Delos Van Earl including Seeker 10 (displayed on El Paseo, Palm Desert), Red Dragon (displayed on the West Chino median between Belardo Road and Cahuilla Road in Palm Springs) and Prince and Blue Belly Crab displayed on the West Chino Median between Belardo Road and North Palm Canyon Drive.
-Background information about the Artist who created the proposed donation.

A copy of the resume for Mr. Delos Van Early is attached. -An appraisal or other evidence of the value of the proposed artwork, including acquisition and installation costs, if available.

The purchase agreement attached states the artwork cost is $25,000 per sculpture or a total of $50,000 for the two sculptures.
-Provide a description of maintenance procedures to maintain first class appearance and permanence of the artwork.

The attached purchase agreement states "The sculpture will be painted with sign painter's enamel to give the piece a long lasting surface life and also a surface that can be easily repainted when it is needed. Maintenance would involve washing it twice a year to remove surface dirt and waxing it to rejuvenate the painted surface and to provide protection from the elements. -8" X 10" photographs, 35 mm slides, digital pdf or jpg formats, graphics, or illustrations depicting several views of the artwork.

The rendering referenced above gives an 8 x 10 illustration of the sculpture. -Provide evidence that (i) the Art is original; (ii} at the time of transfer hereunder, Donor is the sole owner of the Art and of all rights it possesses therein including copyright, trademark, and other proprietary rights; (iii} Donor has and will have full and sufficient right to assign all rights granted herein and to waive all rights relinquished herein;(iv) Donor is not under any obligation to transfer or sell any of the Art to any third party; (v) the Art has not been and will not be published under circumstances which have or will cause a loss of any copyright, trademark, or other proprietary rights therein; and (vi) the Art does not and will not infringe any patent, copyright, trademark, or other proprietary rights, privacy rights, or other rights of any third party, nor has any claim (whether or not embodied in a legal action, past or present} of such infringement been threatened or asserted, nor is Item 1T - Page 26
such a claim pending, against Donor (or, insofar as Donor is aware, against any entity from which Donor has obtained any rights) The copy of the purchase agreement should address these issues.

Item 1T - Page 27
l>El.O~ V AN t-; ARI
S 1· U D I O S
55666 A Yucca Trail, Yucca Valley, CA 92284
760-333-2271 I [email protected] I www.delosvanearlstud1os.com INVOICE for Commissioned Artwork
2"Creature Series" Sculptures-Painted Steel-10'X6'X4.5' Sculptures based on two of the maquettes "Yellow Warbler" and "Dancing Rhino". The two sculptures will be similar to "Red Dragon", "The Prince", And "Blue Belly Crab" in size and material.
2 "Creature Series" Sculptures
"Yellow Warbler" and "Dancing Rhino" $50,000.00
- Deposit $25,000.00
Final payment upon
$25,000.00 completion and installation
Cost reflects - construction and site preparation along with installation.

Item 1T - Page 28
The Entire Creature
Alley Collection
(larger photographs)
Red Dragon
Prince
Blue Belly Crab
Yellow Warbler
Dancing Rhino
Item 1T - Page 29
Item 1T - Page 30
Item 1T - Page 31
Item 1T - Page 32
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Item 1T - Page 33
Item 1T - Page 34
The Seeker
El Paseo Public Arts Display
Palm Desert, California
Item 1T - Page 35
Item 1T - Page 36
Artist Information,
Exhibitions and Press
Item 1T - Page 37

DELOS VAN EARL
Delos Van Earl was born in 1951 in Port Angeles, Wash., the fifth of five children in a classic Northwest logging family. He moved to Crescent City, Calif., with his family at age 5. When he entered Shasta College in Redding, he thought he would become a high school art teacher and football coach. But he would earn a bachelor's degree at California State University Chico and a masters in fine art from Mills College in Oakland. He lives in Joshua Tree with his wife, Jena.

Driving through the heat of the desert near Joshua Tree National Park in California, you would be lucky to come across the studio of artist Delos Van Earl. Inside the warehouse-like building you will find piles of cool steel sheets, some sprinkled across the floor in preparation for welding or awaiting cutting. There are also paintings scattered throughout:
some are finished, some are still wet with the most recent application of enamel, and others have a powdery dusting on top - the smell of freshly sanded paint lingers in the air.

Everywhere you look, there are bright splashes of color and an aura of energy fills the studio.

While most artists who are as established as Delos have settled on a particular medium, Delos has managed to master both painting and sculpture. He captures a sense of balance and vigor in using either steel or enamel paint to form his creations Delos works on about a dozen paintings at a time, arranging them about his studio, focusing on one, then jumping to another. Seeds, shells, string, feathers, and twigs are embedded in the 20+ layers of oil enamel tediously applied in sessions as each layer dries and is then subsequently sanded down. When complete, the paintings are hard to resist touching. The surface appears as though the depth of the layered enamel can be felt, but the paintings are completely smooth.

In Van Earl's large paintings, grace comes at a tremendous physical cost: the process. He applies up to 20 layers of oil enamel paint on museum-quality wood panels- many of them as large as six-foot squares or paired in dynamic diptychs. Within each thick coat, he embeds little gems from nature - seeds, dried flowers, twigs, pine needles, grass, bird feathers, and other items. This transmutation of detritus into art - in addition to the tape, rope, and even foam he buries into the layers - gives way to the physical and aesthetic challenge of unearthing the final picture. This time-consuming (waiting for each coat to dry before applying the next) and exhausting (sanding through the layers) process ultimately gives each painting the appearance of a deeply textured surface. However, his finishing process - sanding, waxing, and buffing - makes for wonderful irony: The final pictures, chock full of the stuff of nature, are impossibly smooth to the touch and a gutsy departure from the rough, often chemically corroded edges of his earlier sculptures and geometric, painted steel wall paintings.

Item 1T - Page 38
Talent and Resiliency
DELOS VAN EARL Embraces Change
written by Judy Nemer Sklar
, nave been told that the buzzword for 2019 is "resiliency." hat and longevity are the goals many artists seek in pursuit of a successful career, particularly since success in the field is olten dependent upor world order, linancial markets and the whims of collectors a10 agents. On y the most talented and resilient survive. Coachella Valley mixed media artisi and sculoto' Delos Van Earl fits that bill. He has successfully traversed the economic downturn ol 2008 and continues to explore and evolve creatively . •
ARTPATRONl,U,Gll.l.lNE COM 5~
Item 1T - Page 39
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Van Earl was born in the state of Washington, grew up in Crescent City, California, and went on to earn his B.A. from Chico State University and his M.F A from Mills College in Oakland. But living in a logging family amidst the beautiful natural environment of the Northwest, with its ocean waters, rivers and forests, was a key early influence on his sculptures, which employ bronze, steel and wood and which range from pedestalsized pieces to large outdoor works. His resume lists numerous solo and group exhibitions, and his work is in both corporate and public collections.

Comfortable in his own skin, he is happy to discuss both the business and creative sides of an artist's life.

Van Earl's move from Sacramento to Desert Hot Springs in 1987 turned out to be a pivotal event in his artistic development. His career took off after he received a prestigious purchase award from the Bowers Museum in Santa Ana and was invited to mount a solo show at the Riverside Museum. from fairs to galleries, from collectors to dealers, he was suddenly in demand. His steel sculptures, with their distinctive fractured corners, were selling out, and collectors were looking for more and more pieces. In fact, Van Earl's work was in such high demand that it caused his health to suffer. He knew change was in order-and soon change was going to be necessary for many artists.

The economic c,isis of 2008 drove a number of artists to seek new directions in their careers as galleries and collectors stepped back. It seemed as if everything had changed overnight, and while the crash set most on their heels, Van Earl, who considers himself a survivor, chose to pull into rather than out or the artist's life. He instinctively knew it was necessary to make both business and personal adjustments, so he proceeded to modify his business model and explore a new creative direction While some have said that for Van Earl it's all about business, he strongly objects. "For me,· he says, "it's all about the work. My goal is to be as good as I can be, to create great art. I know I may fail, but for me it is about the journey.•

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Item 1T - Page 40
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When I met Van Earl for an interview at his Yucca Vally studio and gallery in late 2018, I found a happy, bright and colorful space and couldn't help but notice the changes in the artist's creative direction. His new work consists of large freestanding and wall-mounted sculptures in exciting colors and shapes. There are pieces large and small that he calls •creatures• - frogs, sea horses and rabbits-and colors in his palette-oranges, bright yellows and lime greens- that are standy different from the deeper reds he has been known for His new work takes Van Earl back lo his childhood, back to the days he remembers fondly of Danish modern furniture, low sofas, the Seattle World's Fair of 1962, girls in polka dot dresses and go-go boots, and miniature golf courses and trampoline parks. Despite the changes in his creative direction, his guiding principle remains the same: an insistence on quality, craftsmanship and integrity.

Van Earl is not afraid of change; in fact, he embraces il •1 want to continue to do work that reflects my lime and culture; he insists. His commitment to his art and his life as an artist exemplify his resiliency and longevity. As a beginning artist, he was often singled out as the next great thing, "which is not always the best thing to hear when you're young; he points out, explaining that it's important to have to fight for success if you want to make a living in the field. •For me, it was the wolf at the door that made me work hard to become a successful artist.• How does Van Earl see his future? ·1 hope to continue to work and be healthy. I want the eighty-year old me to be doing new things. I want another run at it because things don't get better than that.' I hope you have the opportunity to meet Delos Van Earl at his studio in Yucca Valley. Find out more at his website, delosvanearlstudios.com, and read my full interview with him at artistnarratives.com or judynemerklar.com.@

TOM SWIMM
NEW EXHIBITION OPENS SATURDAY, FEBRUARY 23, 2019
ARTIST RECEPTION AT PACIFIC EDGE GALLERY 4 TO 8PM
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24''X36" OIC
51\JDIO 315 I Laguna Canyon Road / Studio E / Laguna Beach/ 949-715-1705 VifNi paintings in the exhibition at www.tomswimmfineart.com GAU.HW. Pact6c Edge Gallery/ 540 So. Coast H1gnway / Laguna Be3Cil / 949-49 4-0491 View paintings in the exhibition at www.pacilicedgegallery.com ARTPATRONMAGAZIN E COM 55
Item 1T - Page 41
ARTS+ CULTURE
In the Studio - Delos Van
Earl

HIDE AND SEEK
Story by Steven Biller
Palm Springs Live Magazine
Whether abstract or representational, art can be heroically expressive. It can stand up for something, be a champion. Delos Van Earl's energetic new paintings achieve this by harnessing the pure chance and ultimate triumph of nature.

The paintings in the Viscus series also punctuate a bright new direction for Van Earl, the Palm Springs artist whose distressed, painted bronze and steel works put his career on autopilot for longer than a decade. Those sculptures and wall pieces - each protruding a colorful angularity - bear the aged appearance of a long-past time.

The Viscus paintings, on the other hand, hold the promise of the future - nature's continuum and cycles of life - and signal a mature and emotional response to the angst-infused, shock-and-awe images that permeate our lives and some contemporary art.
'These paintings are just the opposite," Van Earl says. "Using nature as the reference point forces you to work at a higher level. Nature is more sophisticated than are humans. Everything's perfect: The veins in a leaf are organized chaos. but also where they need to be. There's a sense of grace."
In Van Earl's large paintings, grace comes at a tremendous physical cost: the process He applies up to 20 layers of 011 enamel paint on museum-quality wood panels - many as large as 6-foot squares or paired in dynamic diptychs. Within each thick coat. he embeds seeds. dried flowers, twigs pine needles, grass, bird feathers. and other items Item 1T - Page 42
from nature. This transmutation of detritus into art - in addition to tape, rope, and foam he buries into the layers - gives way to the physical and aesthetic challenge of unearthing the final picture. This time-consuming and exhausting process (waiting for one coat to dry before applying the next and sanding through the layers) ultimately gives each painting the appearance of a deeply textured surface. However, his finishing process - sanding, waxing, and buffing - makes for wonderful irony: The final pictures, chock full of the stuff of nature, are impossibly smooth to the touch and a gutsy departure from the rough, often chemically corroded edges of his earlier work. "This is an evolution," he says. "This work has a relation to the human condition.

Everything you do in life counts; that's what these paintings are about. Everything matters."
Everything matters, too, in these biomorphic paintings. Van Earl hides items in each painting, only to rediscover them from a different perspective. "It's like creating memories," he says. "They're sometimes hard to remember; but when we find them, we treasure them as they should be."
The transition to these paintings manifested during an emotionally wrenching period during which Van Earl doubled as caretaker and medical champion for his wife, Jena, who was suffering from a debilitating condition. "I don't know if I'd have been able to get here without Jena," Van Earl says, emphasizing how she continued to push him creatively through this challenging period. "Life has to push you to a level to see a deeper truth - a simplicity, a resentment of the superficial, an attempt to reach some level of purity."
We're born with only our environment and free will and choice, he says, but we process decisions, however impulsive, through various filters. "No single aspect of life is so essentially important. Life is fragmented with different variables." The artist's understanding of these variables leads him to resolutions that reflect calculated risks and sound choices. He leaves us with supercharged images - sometimes tranquil, sometimes violent - that seldom come easily.

Moreover, Van Earl's resolution of discord feels natural. In his first group of single-panel Viscus paintings, the monikers are meaningful to artist and viewer: Wag of a Labrador's Tail is genuinely playful; Fusion of Scarlet Rhythm has a flirtatious quality, a convergence of energy that could be a metaphor for sexual intercourse; and Echoes in the Mind has transfixing powers. As the series progressed, Van Earl often named paintings to refer to natural gestures, such as the chaotic perfection of a bird's nest, a spinning tornado, or hypnotic raindrops.

He has searched his soul and emerged with fresh vision. The result comes in the form of paintings that could be his most powerful yet.

Item 1T - Page 43
In the desert, jungle
fever
Palm Springs famous Jungle Red sculpture
By X.tra editor • July 18, 2013 5:17 pm EDT
One of Palm Springs' most familiar landmarks is Jungle Red. Credit: Scott Brassart It's big, it's long, and it's hard. If you're in the mood you can sit on it. It's also Palm Springs' most recognizable public sculpture.

Jungle Red - 14 feet high, 15 feet wide, 38 feet long - graces the entrance to Warm Sands, the most vibrant gay neighborhood in Palm Springs. The 2008 installation of the sculpture by Delos Van Earl marked the culmination of three years effort by the Warm Sands Neighborhood Association.

Item 1T - Page 44
"The site suffered from benign neglect for years," says Robert Stone, who spearheaded the campaign, in reference to the formerly ugly median strip at the entrance to the neighborhood. "We thought it would be good for everyone if the site were rehabilitated."
Van Earl admits that he usually avoids doing public art. "It doesn't suit my personality," he says. "It's a lot of paperwork and process, and I don't deal with that very well."
This project was special, though, because he wanted to give back to the Palm Springs community.
"I've been fortunate," he says. "The gay community in particular has been very supportive of my work. So this sculpture is a wonderful way for me to give back, especially where it's situated, right there in Warm Sands." The work is from Van Earl's Luna series, a collection of large-scale sculptures based on the linear form. "I call them subterranean," he says. "A portion of the work is beneath the ground, and is imaginary."
Like all works in the series, Jungle Red appears to be a single, rhythmic line undulating over and around and through itself- a sculpted steel version of modern dance.

One of the great features of Jungle Red is that it is interactive; designed to be viewed from all angles, walked through, and touched.
"That's what I like best about this piece," Van Earl says. "You can stand next to it, you can sit on it. The back tail is actually designed so people can get up on it." Item 1T - Page 45

DELOS VAN EARL

EDUCATION
MFA, Mills College, Oakland, California
BA. California State University, Chico, California

SOLO EXHIBITIONS
2022 Commission Schedule Only
2021 Commission Schedule Only
2020 Commission Schedule Only
2019 Commission Schedule Only
2018 Commission Schedule Only
2017 Commission Schedule Only
2016 "Meridians", Ramey Fine Art, Palm Desert, California "White Rabbit", Sense Fine Art, Menlo Park
2015 "Zenith", Ramey Fine Art, Palm Desert, California
2014 "Meridian Bronzes", Sense Fine Art, Menlo Park, California 2013 Premiere of Meridian Series, Palm Springs Fine Art Fair, Hamamjian Modern, Palm Springs, California
2012 "Viscus Paintings", Howard Hughes Medical Institute, Chevy Chase, Maryland "Viscus Paintings", Janelia Farms Research Campus, Ashburn, Virginia 2010 "Viscus 3.0 "The Glassworks", Gail Severn Gallery, Sun Valley, Idaho "Viscus 3.0" The Glassworks, Ramey Fine Art, Palm Desert, California 2009 "Viscus 3.0", The Edge Gallery, Santa Fe, New Mexico "Viscus" Glassworks", Sense Fine Art, Menlo Park, California 2008 "Current Perspective", Gail Severn Gallery, Sun Valley, Idaho 2007 "Viscus 2.0", Sense Fine Art, Menlo Park, California "Southern Exposure", Jillian Glowinke Fine Art, Corona del Mar, California "Viscus Paintings/ Luna Sculpture", Eleonore Austerer Gallery, Palm Desert, California 2006 "Viscus 2006", Sense Fine Art, Menlo Park, California "Everything Matters", Viscus Paintings and Luna Sculpture, Gail Severn Gallery, Sun Valley, Idaho
"New Bronzes", Gallery Bienvenu, New Orleans, Louisiana 2005 "The Viscus Paintings", Sense Fine Art, Menlo Park, California "Nazca and Phoenix", Hayes George Gallery, Charlotte, North Carolina "The Viscus Paintings", Argazzi Gallery, Lakeview, Connecticut.

New Work From Phoenix. Terra & Nazca Series. Eleonore Austerer Gallery, Palm Desert, California
"The Phoenix Series", Susan Street Gallery, Solana Beach, California 2004 "Viscus Premiere", Sense Fine Art, Menlo Park, California "Phoenix Premier", Gail Severn Gallery, Sun Valley, Idaho 2003 "Steel Resolve", Susan Street Gallery, Solana Beach, California "Earthbound", Sense Fine Art, Menlo Park, California
"Steel Resolutions·, Gail Severn Gallery, Sun Valley, Idaho Palm Springs International Art Fair, Palm Springs, California Tre Contemporary Gallery, Palm Desert, California
2002 Tercera Gallery, San Francisco, California
Item 1T - Page 46
SOLO EXHIBITIONS, cont.
2002 Boritzer/Gray/Hamano Gallery, Santa Monica, California "No Boundaries", Gallery Btu, Palm Desert, California
2001 Chiaroscuro Gallery, Scottsdale, Arizona
Gail Severn Gallery, Sun Valley, Idaho
Todd Madigan Art Gallery, CSUB, Bakersfield, California "Night and Day", Gallery Blu, Palm Desert, California
"Steel Radius", Boritzer/Gray/Hamano Gallery, Santa Monica, California 2000 ·vestiges·, Gail Severn Gallery, Sun Valley, Idaho "Red at Blu", one-person show, Gallery Blu, Palm Desert, California 1999 "Imperfect", Boritzer/Gray/Hamano Gallery, Santa Monica, California One-person show, Gallery Btu, Palm Desert, California
1998 One-person show, Denise Roberge Gallery, Palm Desert, California 1997 One-person show, Gallery Blu, Palm Desert, California 1991 One-person show, Sherry Frumkin Gallery, Santa Monica, California 1990 One-person show, Accurate Art Gallery, Sacramento, California 1989 "Return To River City", one-person show, Barbara McDonald Gallery, Sacramento, California
1988 "Emerging Artists", Riverside Art Museum, Riverside, California 1978 MFA Exhibit, Mills College Art Gallery, Oakland, California 1972 "Colored Walls", Installation, Shasta College, Redding, California

GROUP EXHIBITIONS
2021 Color Journeys, Gail Severn Gallery, Sun Valley, Idaho 2019 Color & Form as Metaphor 11, Gail Severn Gallery, Sun Valley, Idaho Absolutely Abstract, Yucca Valley Visual & Performing Arts Center, Yucca Valley, California "The House That Art Builr, Indio Public Arts and Historic Preservation Commission, Indio, California
2018 JTAG, PopUp, Joshua Tree, CA
2017 Desert Artists, Ramey Fine Art, Palm Desert, CA
2016 City of Palm Desert, El Paseo Invitational Exhibition 2016-2018, Palm Desert, California 2015 Art Silicon Valley/San Francisco, San Mateo, California 2014 Art Silicon Valley/San Francisco, San Mateo, California Gallery Premiere, Ramey Fine Art, Palm Desert, California 2013 City of Palm Desert, El Paseo Invitational Exhibition 2013-2014, Palm Desert, California 2012 The Red Arrow Gallery, Joshua Tree, California
2011 Gail Severn Gallery, Winter Group Show, Sun Valley, Idaho 2009 Ramey Fine Art, Grand Opening, Palm Desert, California Orange County Museum of Art - Art and Architecture Tour 2008 "Abstractions", Argazzi Gallery, Lakeview, Connecticut Grand Opening, The Edge Gallery, Santa Fe, New Mexico
"Texture and Surface", Renee George Gallery, Charlotte, North Carolina 2007 Art and Architecture Tour Orange County Museum of Art Group Contemporary Show. Gail Severn Gallery, Sun Valley, Idaho Orange County Museum of Art -Art and Architecture Tour
"Contemporary Surfaces", Argazzi Gallery, Lakeview. Connecticut Summer Group Show, Margo Jacobsen Fine Art, Portland, Oregon Delos Van Earl, page 2
Item 1T - Page 47
GROUP EXHIBITIONS, cont.
2006 Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Two person show, American Institute of Architects, Los Angeles Home Tour Gallery Artists, Eleonore Austerer Gallery, Palm Desert, California 2005 "Small Works", Hayes George Gallery Grand Opening, Charlotte, North Carolina "Texture and Surface", Hayes George Gallery, Charlotte, North Carolina "Surface", Gail Severn Gallery, Sun Valley, Idaho
"Canvas & Steel", Two person show, Lurie Fine Art, Boca Raton, Florida Summer Group Show, Argazzi Gallery, Lakeview, Connecticut Two person show, Glass Garage Gallery, West Hollywood, California 2004 "Winter Abstraction", Gail Severn Gallery, Sun Valley Idaho Winter Group Show, Susan Street Gallery, Solana Beach, California "Metal and Gtass", Eleonore Austerer Gallery, Palm Desert, California Three person show, William Havu, Denver, Colorado
Three person show, Finer Things Gallery, Nashville, Tennessee Grand Opening, Eleonore Austerer, Palm Desert, California SOFA, Navy Pier, Chicago, Illinois
20th Anniversary Group Show, Butters Gallery, Portland, Oregon 2003 Summer Sculpture Show, Gail ~evern Gallery, Sun Valley, Idaho Spring Group Show, Susan Street Gallery, Solana Beach, California Summer Group Show, Eleonore Austerer Gallery, Palm Springs, CA Four-person show, William Havu Gallery, Denver, Colorado 2002 City of Palm Desert, El Paseo Sculpture Exhibition, Palm Desert, California SOFA, Navy Pier, Chicago, Illinois
Summer Group Show, Gail Severn Gallery, Sun Valley, Idaho Spring Group Show, Craighead-Green Gallery, Dallas, Texas Winter Group Show, Gail Severn Gallery, Sun Valley, Idaho Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California 2001 Grand Opening, Chiaroscuro Gallery, Scottsdale, Arizona Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Palm Springs International Art Fair, Palm Springs, California Summer Group Show, Margo Jacobsen Gallery, Portland
Art In The Courtyard, Tercera Gallery, San Francisco, California Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Season Premiere, Gallery Blu, Palm Desert, California
2000 Sculpture & Objects of Fine Art", Navy Pier, Chicago, Illinois Season Premiere, Gallery Blu, Palm Desert, California
Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Annual Sculpture Show, Gail Severn Gallery, Sun Valley, Idaho Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Palm Springs International Art Fair, Palm Springs, California 1999 Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Grand Opening, Tercera Gallery, San Francisco, California
Season Premiere, Gallery Blu, Palm Desert, California
Winter Holiday Show, Gail Severn Gallery, Sun Valley, Idaho Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Annual Sculpture Show, Gail Severn Gallery, Sun Valley, Idaho Group show, Gail Severn Gallery, Sun Valley, Idaho
Introductory Exhibition, Tercera Gallery, Los Gatos, California Delos Van Earl, page 3
Item 1T - Page 48
GROUP EXHIBITIONS, cont.
1998 Grand Opening, Gallery Blu, El Paseo, Palm Desert, California Winter Group Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Appetite for Art, Los Angeles County Museum of Art, Los Angeles, California Summer Show, Boritzer/Gray/Hamano Gallery, Santa Monica, California Director's Choice, 98, Adamar Fine Art, Miami, Florida
1997 Sculpture & Objects of Fine Art, Navy Pier, Chicago, Illinois Visual And Inner Landscapes, Merging One Gallery, Santa Monica, California Sculpture & Objects of Fine Arts, Miami Convention Center, Miami, Florida 1996 Art Miami "96, Miami Convention Center, Miami, Florida Three - D, Adamar Fine Art, Miami, Florida
Appetite for Art: An Evening of Art, Sex, Food & Videotape.

Los Angeles County Museum of Art, Los Angeles, California 1995 Director's Choice, '95, Adamar Fine Art, Miami, Florida Grand Opening, Ross Watkins Gallery, Palm Desert, California Small Works, Posner Fine Art, Los Angeles, California
1994 Director's Choice, 94, Adamar Fine Art, Miami Florida Canvas of Hope, Orange County Chapter of the American Parkinson's Disease Association, Laguna Hills, California
Landscapes / Structure, Rachel Lozzi Gallery, Los Angeles, California Two-person show, Adamar Fine Art, Miami Florida
1993 Invitational Exhibition, Eleonore Austerer Gallery, San Francisco, CA Gallery Artists, Season Premiere, Adamar Art Collection, Miami, Florida Intermezzo, John Thomas Gallery, Santa Monica, California Invitational Exhibition, Bay Arts, San Francisco, California 1992 Outstanding Maquettes, Hakone Open-Air Museum, Tokyo, Japan Two-person show, Adamar Art Gallery, Miami, Florida
Sculptural Invitational, Rancho Mirage City Center, Rancho Mirage, California 1991 Sculpture Annual, Mary Bell Gallery, Chicago, Illinois 1990 Two-person show, "A" Gallery, Palm Desert, California Sculpture Annual, Mary Bell Gallery, Chicago, Illinois
1989 Vessels, John Thomas Gallery, Fullerton, California Art of Function, William Lamb Gallery, Long Beach, California Invitational Exhibition, Mary Bell Gallery, Scottsdale, Arizona Maliboo, Barry White Gallery, Malibu, California
Grand Opening Exhibition, John Thomas Gallery, Santa Monica, California Inaugural Exhibition, La Quinta Arts Foundation, La Quinta, California 1988 Artist Toys, John Thomas Gallery, Fullerton, California Invitational Exhibition, "A" Gallery, Palm Desert, California Outdoor Sculpture, College of the Desert, Palm Desert, California New Faces, John Thomas Gallery, Fullerton, California
1987 Images '87, Bowers Museum, Santa Ana, California
33rd Annual Exhibition, San Diego Art Institute, San Diego, California Sculpture, City Gallery, Sacramento, California
Invitational Exhibition, Gallery Vander Woude, Palm Springs, California 1986 Two person show, Djurovitch Gallery, Sacramento, California 1986 Three Sculptors, J. Noblette Gallery, Sonoma, California Sacramento City Council Invitational, Sacramento, California 1985 Gallery Artists, City Gallery, Sacramento, California Delos Van Earl, page 4
Item 1T - Page 49
GROUP EXHIBITIONS, cont.
1980 Texas Sculpture, Galveston Art Center, Galveston, Texas 1977 First Year Exhibition, Mills College Art Gallery, Oakland, California 1972 Shasta Painters, Redding Civic Center, Redding, California North Coast Annual, Humboldt Cultural Center, Eureka, California 1976 Mills College Graduate Students, Oakland Civic Center, Oakland, California 1975 Hayward Annual Juried Exhibit, Hayward Art Center, Hayward, California 1974 Juried Student Show, Cal-State University, Chico, California

REVIEWS AND PUBLICATIONS
"Talent and Resiliency", Art Patron, Spring 2019.

The Desert Sun. November 24, 2015, article and photographs. "Orange Twist", The Desert Sun", February 7, 2014, article and photographs.

Landmark Neighborhoods, Sunday, June 19, 2011, article and photographs.

Nail Pro Magazine, May, 2010, article and photographs.

The Bottom Line Magazine, November, 2009, article and photographs. "The Bellevue Collection" sales brochure", July, 2009.

Architectural Digest, May 2009, installation photograph. "Spotlight on Green Art, June, 2008, article and photographs.

The Desert Sun, January 20, 2008, article and photograph. "Go West" with David Garcia, segment on public arts programs, aired 4/21/07 on KCBW Space Magazine, January, 2007, Article and photographs
Palm Springs Life, December 2005, Article and photograph.

Gallery Guide, October 2005. Cover, article and photograph.

Desert Magazine, January 2005. Article and photographs.

Palm Springs Life, Annual Desert Living Issue. Gallery ad and photo.

Art In America, October 2004, Full page photograph and show listing.

The El Paseo Sculpture Invitational Exhibition: 2004 Video and Print Campaign "Path of the Bighorn, Connecting A Community", 2004 Bighorn Institute.

The Desert Sun, February 2, 2003. Article and photograph.

The Press-Enterprise, January 26, 2003. Article and photograph.

Palm Springs Life, Path of the Bighorn. January 2004.

Decor & Style, November 2003, article and photographs.

The San Diego Union-Tribune, October 10, 2003. Article and photograph.

Palm Springs Life, March 2003. Photograph and show announcement.

Chico's, Fall 2002. Nationally run television commercial, catalogue.

California Homes, February 2003, ten page article and photographs.

Gallery Guide, West Coast Edition, Summer 2002. Half page ad and photograph.

Catalogue, The Nazca Series, February 2002.

Gallery Guide, West Coast Edition, January 2002. Cover photograph, review.

Art News. December 2001. Full-page photograph and gallery listing Arizona Foothills, December 2001. Full-page photograph and gallery listing.

Palm Springs Life, October 2001 . Photograph and announcement.

Sun Valley Magazine, July 2001. Photograph and announcement.

The Bakersfield Californian, April 20, 2001. Review.

Delos Van Earl, page 5
Item 1T - Page 50
REVIEWS AND PUBLICATIONS, cont.

The Desert Sun, February 11, 2001. Review and photographs.

Next Magazine, February, 2001. Article and photographs.

Palm Springs Life, February, 2001. Article and photographs.

Park City Record, December 20, 2000. Review and photograph.

Desert Art Scene, Fall, 2000. Gallery Announcement and photograph.

Palm Springs Life, October, 2000. Photograph and announcement.

LA Times, July 23, 2000. Article and photograph.

Desert Post Weekly, February 17, 2000. Review and photograph.

Palm Springs Life, February, 2000. Photograph and announcement.

Palm Springs Life, November, 1999. Photograph and announcement.

Art In America, July 1999. Full page photograph and gallery listing.

Desert Art Scene, Spring 1999. Gallery announcement and photograph.

The Bottom Line, March 25. 1999. Review of one-man show at Gallery Blu.

Southwest Arts, April, 1997. Review of one-man show at Denise Roberge Gallery.

The Desert Sun, June 22, 1997. Review of one-man show, photographs.

Haute Decor, October-November, 1996. Review of work, photographs The Fujisankei Biennale Catalogue, August, 1993. The Hakone Open-Air Museum, Tokyo
Haute Decor. December-January 1993. Review of work.

Guide to The Arts, January, 1993. Gallery announcement and photograph.

The Desert Sun, July 5, 1992. Review of work, biographical article, photographs.

The Desert Sun, June 14, 1992. Review of work and photograph.

Florida Design, Volume 2, Number 3 (October, 1992). Full-page color gallery advertisement.

The Desert Sun, March 29. 1992. Review of work and photograph.

The Desert Sun, October 20, 1991. Review of work and photograph.

Gallery Guide, December, 1991. Full-page photograph and gallery announcement.

Gallery Guide, August 1990. Gallery announcement and photograph.

Sacramento Good Life, July 1989. Review of work and photograph.

Art News, September 1988. Full page color advertisement.

Emerging Artist 1988, June 1988. Riverside Art Museum published catalogue.

Riverside Register Guard, July 5, 1988. Review of show.

Santa Ana Register, August 30. 1987, Review of show.

Sacramento Bee, May 14, 1987. Review and photograph of show.

Placer County News, May 1987. Review of show.

Auburn Journal, May 8, 1987. Review of show.

Sacramento Bee, March 15. 1987, Review of show

SELECTED CORPORATE AND PUBLIC COLLECTIONS
Cooley, LLP, Menlo Park, California
Viejas Casino Resort Hotel, Alpine, California
Pechanga Resort Casino, Temecula, California
Dr. William Grimm. Palm Springs, California
City of Coronado, California
Clorox Corporation, Pleasanton, California
City of Sun Valley, Sun Valley. ID
Howard Hughes Medical Institute, Janelia Farms Campus. Ashburn, Virginia Delos Van Earl, page 6
Item 1T - Page 51

SELECTED CORPORATE AND PUBLIC COLLECTIONS
City of Palm Springs, Palm Springs, California
Pacific Life Insurance Company, Newport Beach, California Innovation, Manassas, Virginia
Weil, Gotshal and Manges, Dallas, Texas
California National Bank, Orange County, California
Hyatt Hotels, Bellevue, Washington
USBancorp, Los Angeles, California
United Brotherhood of Carpenters, Washington D.C.

Sun Valley Symphony, Sun Valley, Idaho
Bank of America, Charlotte, North Carolina
Pacific Life Insurance Company, Newport Beach, California American Career College, California
Hewlett Packard, Seattle, Washington
Guy Dreier Habitat, Palm Desert, California
SELECTED CORPORATE ANO PUBLIC COLLECTIONS, cont.

GenStar Capital LP, San Francisco, California
The Living Desert, Palm Desert, California
Elroy Corp., Laguna Beach.

Perkins-Coie LLP, Los Angeles, California
Opus Moon Enterprises, Inc., Los Gatos, California
ANZDL, Australian-New Zealand Direct Line, Costa Mesa, California Electronic Data Systems, Los Angeles, California
Hippocrates Health Institute, West Palm Beach, Florida
OPTO 22, Temecula, California
BRUZZI of Miami, Florida
Mark Palmer Design, Palm Desert, California
Antares Hotel, Palm Springs, California
Desert Palms Hotel, Palm Springs, California
New York Stock Exchange, New York City, New York
Bowers Art Museum, Santa Ana, California
Sutter General Hospital, Sacramento, California
Hugh O"Brien Foundation, Westwood, California
B. L. Wood Products, Eugene, Oregon
Jon Piper Interests, Palm Springs, California
Excaliber Motor Cars, Palm Springs, California
Delos Van Earl, page 7
U. ADOPT A RESOLUTION ENTITLED, “A RESOLUTION OF THE CITY

OF PALM SPRINGS ADOPTING INVENTORY REPORT FOR EXCESS,

EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE § 54223.”
RECOMMENDATION:

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

SPRINGS ADOPTING INVENTORY REPORT FOR EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE §
54223.”
Item 1U - Page 1

CITY COUNCIL STAFF REPORT
DATE: November 12, 2025 CONSENT CALENDAR
SUBJECT: ADOPT A RESOLUTION ENTITLED, “A RESOLUTION OF THE CITY OF

PALM SPRINGS ADOPTING INVENTORY REPORT FOR EXCESS,

EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE § 54223.”
FROM: Scott C. Stiles, City Manager
BY: Housing & Community Development Department
SUMMARY:

The Surplus Land Act (the “Act”), as amended, requires that on or before December 31 of each year, each county and city in the state must “make a central inventory of all surplus land ... and all lands in excess of its foreseeable needs … within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls” (the “Inventory Report”) and submit the Inventory Report to the California Department of Housing and Community Development (HCD) by April 1 of action each year as part of the county or city’s annual Housing Element progress report.

This would have the City Council review and approve the Inventory Report.

RECOMMENDATION:

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY OF PALM SPRINGS

ADOPTING INVENTORY REPORT FOR EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE § 54223.”
BACKGROUND:

Government Code § 54230 mandates that California cities and counties prepare, by Dec. 31 of each year, an inventory of all “surplus land,” as that term is defined in the Act, and all “lands in excess of its foreseeable needs,” as that phrase is used in Government Code § 50569. HCD provides the practical difference between these two categories of land is essentially one of timing. “Surplus land” is land that is no longer necessary for an agency’s use and has been officially declared “surplus” by the local agency’s governing body. “Excess land” is land that is beyond an agency’s foreseeable needs but has not yet been declared surplus.

Item 1U - Page 2
City Council Staff Report
November 12, 2025 -- Page 2
Surplus Land Resolution
In January 2024, SB 747 amending the Surplus Land Act went into effect. This amendment exempted properties from the Surplus Land Act if they were less than onehalf acre in area or if they were transferred to be used for affordable housing. The Gene Autry Trail and Mission Drive properties (Reference No. 1 on the attached resolution) will be used for an affordable housing project (Juniper Mission) and is identified as “Exempt Surplus”.

In addition, three single family parcels located at 233 West Tramview Road (APN 501- 401-010), El Dorado Boulevard (APN 501-401-039), and Rosa Parks Road (APN 669- 353-001) were all less than one-half acre and were to be transferred for use as affordable housing. As such, these three properties are identified as “Exempt Surplus.” STAFF ANALYSIS:

To be “necessary for [an] agency’s use,” land must be “used, … planned to be used pursuant to a written plan adopted by the local agency’s governing board for, or … disposed [of] to support … agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes, related to greenhouse gas emissions, and buffer sites near sensitive governmental uses, including, but not limited to, wastewater treatment plants.” [Government Code § 54221(c)(1).] The Act requires that a local agency declare property as “surplus” before any action may be taken to dispose of the property. Parcels the local agency wishes to sell, that are not exempt from the Act, must be made publicly available for purchase, which includes distribution of the parcel(s) to a list of affordable housing developers prepared and updated regularly by HCD. The notification must also be posted on the City’s website and sent to HCD for notification on their website. The notification must stand for sixty (60) days, in which time staff shall take proposals from any interested entity, affordable housing or otherwise. However, the Act is prescriptive on which developer must be selected regarding affordable housing; and that is, priority must be given to an affordable housing project regardless of underlying land use. If multiple affordable housing projects are proposed, then staff must prioritize the project with the greatest and deepest affordability. Once a developer is selected, staff must negotiate in good faith for a minimum of ninety (90) days with the developer that proposed the greatest and deepest affordability. Two outcomes may result from this process:

1. If the City and developer come to terms within the proscribed timeline, then the regular development processes would begin; or

2. If after good-faith negotiations the City and the developer cannot come to terms, the surplus land being notified is no longer required to be listed for public notification under the Act and may be marketed or sold according to the standards of the authority or agency which owns the parcel(s) in question. This comes with a firm caveat: future proposals on surplus land that propose more than ten (10) units of housing are required to provide 25% of the proposed units as affordable.

Item 1U - Page 3
City Council Staff Report
November 12, 2025 -- Page 3
Surplus Land Resolution
A local agency may be liable for a penalty of 30 percent of the final sale price of land sold in violation of the Act, and 50 percent for any subsequent violation. As the current law is written, the state may, via the Act, cancel disposition agreements and force local agencies to comply with the Act after December of 2022 and prior to selling to a developer who is not proposing affordable housing, whether a disposition agreement is in effect or not.

Additionally, the City Council may designate a property as available for continued City use through one of its non-profit partners. For example, City Council could adopt a plan to lease a property to only a non-profit that is providing a City service via a contract between the City and the non-profit and that service or the non-profit work in general (such as homeless services, childcare and/or dental or medical care) is supported by the City through partnerships and/or is the recipient of City grant funding. In such a case, the property is not surplus because it is still needed for City services; therefore, the Act does not apply. In such a situation, the City will still use the RFP process to lease the property.

The term “Agency’s use” does not include “commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development.” In addition, “property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency’s use.”
Nothing in the Act establishes what information must be included in the Inventory Report.

However, Government Code § 54230(a)(2) provides guidance. Under that section, “each county and each city” must report to HCD, “a description of each parcel described in [such county or city’s Inventory Report] and the present use of the parcel … [by] no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by [HCD], as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.” [Govt. C. § 54230(a)(2)(A).] While no such form has yet been issued by HCD, it will, at a minimum, contain blanks for the following information for each parcel of surplus land:
i. Street address or similar location information.
ii. Assessor’s parcel number.
iii. Existing use.
iv. Whether the site is surplus land or exempt surplus land. v. Size in acres.

As noted above, the Gene Autry Trail and Mission Drive properties and the three single family properties in the Desert Highland Gateway Estates Neighborhood previously listed as “Excess” are now exempt from the Surplus Land Act as these properties were either less than one-half acre and/or were to be transferred for use as affordable housing.

The proposed Inventory Report of this year’s surplus properties and excess properties are included in the attached resolution (Attachment A).

Item 1U - Page 4
City Council Staff Report
November 12, 2025 -- Page 3
Surplus Land Resolution
Item 1U - Page 5
City Council Staff Report
November 12, 2025 -- Page 4
Surplus Land Resolution
ENVIRONMENTAL ASSESSMENT:

The actions contemplated by this report do not constitute a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if a development application is submitted, the City will at that time conduct a preliminary review of the application in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of State CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3).) ALIGNMENT WITH STRATEGIC PLANNING:

The Broad Goal in the Strategic Plan Framework that is addressed by this action is Housing.

FISCAL IMPACT:

There is no fiscal impact associated with approving the Inventory Report.

REVIEWED BY:

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

A. Resolution
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ATTACHMENT A
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30814.00100\40838593.1 1
RESOLUTION NO. -_____

A RESOLUTION OF THE CITY OF PALM SPRINGS ADOPTING INVENTORY

REPORT FOR EXCESS, EXEMPT, AND NON-EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE § 54223
WHEREAS, the City of Palm Springs is a , a public body, corporate and politic, and is a “local agency” within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the “Act”); and
WHEREAS, the Act requires, among other things, that on or before December 31 each year, a local agency must make an inventory of all lands held, owned, or controlled by it or any of its departments, agencies or authorities to determine what land, including air rights, if any, is in excess of its foreseeable needs (the “Inventory List”), and that such Inventory List must be made a matter of public record and made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no charge; and
WHEREAS, “surplus land” is defined in the Act as “land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use”; and
WHEREAS, based on the definition of “surplus land” and the several categories of “exempt surplus land” that are set forth in Government Code section 54221(f), the City of Palm Springs has determined that it owns ten (10) parcels of land that should be included on the Inventory List; and
WHEREAS, the Act does not specify what information must be included in the Inventory List, but the City will include at least the following information: (1) the street address or similar location information; (2) the assessor’s parcel number; (3) the existing use; (4) whether the site is surplus land or exempt surplus land; and (5) the size of the site in acres; and
WHEREAS, the Inventory List, in compliance with Government Code section 54223, is attached hereto as Exhibit A and incorporated herein by this reference.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. Six (6) of the ten (10) parcels on the Inventory List (the “Surplus Properties”) are Excess properties and are not necessary for the City of Palm Springs’ use, are currently not being put to any use by the City of Palm Springs, and there is no Item 1U - Page 8
30814.00100\40838593.1 2
planned use by the City of Palm Springs of these Surplus Properties. Four (4) of the ten (10) properties are for affordable housing projects and are Exempt Surplus properties.

SECTION 3. Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City of Palm Springs hereby authorizes the listing of the Surplus Properties on the Inventory List created by City of Palm Springs staff pursuant to and in compliance with Government Code section 54223.

SECTION 4. The declaration of the Surplus Properties as surplus and listing of such Surplus Properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines § 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the Surplus Properties is sold to a purchaser, and that purchaser proposes a use for the Property that requires CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA. Alternatively, even if the abovedescribed actions are a “project” within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 15061(b)(3)).

SECTION 6. If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution.

SECTION 7. This Resolution shall take effect immediately upon its adoption by the City of Palm Springs.

PASSED AND ADOPTED by the Palm Springs City Council this _ day of , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
SCOTT C. STILES

CITY MANAGER
ATTEST:
___________________________________
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30814.00100\40838593.1 3

BRENDA PREE, MMC

CITY CLERK
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EXHIBIT A
Inventory List
Reference
1 Owner Address APN Existing Use Surplus /Excess

EXEMPT SURPLUS
[AFFORDABLE HOUSING

DEVELOPER SELECTED FOR

DEVELOPMENT
Acreage SF
Vacant Land
[[DEVELOPER SELECTED

FOR AFFORDABLE
Gene Autry Trail and Mission
Drive City of Palm Springs 677-540-028; 677-540-036 5.60 243,936 HOUSING PROJECT]] AGREEMENT]
Southwest Corner of North
Belardo Road and Belardo
Road
2 3
City of Palm Springs 513-560-048
513-290-013
Vacant Land
Vacant Land
EXCESS
EXCESS

0.45 0.16
19,602
Palm Springs Successor Agency 190 W. Sunny Dunes Rd. 6,970 4 parcels on eastern half of
block located at southwest
corner of Ramon Road and
Vella Road, north of Calle De
Ricardo
680-072-012; 680-072-009;
680-072-006; 680-072-005
4 5
City of Palm Springs
City of Palm Springs
Vacant Land
Vacant Land
EXCESS
EXCESS

1.07 0.93
46,692
40,589
4 parcels on eastern half of
block located at southwest
corner of Calle De Ricardo and
Vella Road, north of Calle De
Carlos
680-073-003; 680-073-004;
680-073-006; 680-073-005

2.38 Acre Portion of APN 680-
6 020-036
7 City of Palm Springs
City of Palm Springs
No Address
No Address
Vacant Land
Vacant Land
EXCESS
EXCESS

2.38 1.91
103,673
83,200
Parcel Map No. 39219

1.91 Acre Portion of APN 680-
020-036
Parcel Map No. 39219

EXEMPT SURPLUS
[SUBJECT TO DISPOSITION

AND DEVELOPMENT
AGREEMENT]
City of Palm Springs / Housing
Successor
8 233 West Tramview Road 501-401-010 Vacant Land 0.17 7,405

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Palm Springs City CouncilNovember 12, 2025

Palm Springs City Council
November 12, 2025