Palm Springs City Council
May 12, 2026

SECTION 1 – NOTICE OF REQUEST FOR QUALIFICATIONS

1.1. Request for Statement of Qualifications
The City of Palm Springs is requesting statements of qualifications from qualified firms to provide the City with Towing services. The scope of work will consist of towing services on a regular basis in the performance of their emergency response and traffic control duties, including response to and the investigation of vehicular accidents

1.2. Term
The term of this contract will be for three years, with two one-year options to renew at the City’s sole discretion.

1.3. Schedule
The following is the schedule for this procurement:

Activity Due/Time
Request for Qualifications Issued May 18, 2026
Requests for Clarifications from
Responders are due June 8, 2026 @ 2:00 pm PST
Responses to Requests for Clarification will
be posted via Addendum June 15, 2026
Statements of Qualifications are Due June 22, 2026 @ 2:00 pm PST Recommendation/Selection (tentative) July 2026
Projected Date for Award of Contract/ PO July 2026

1.4. Procurement Officer and Delivery Address:

Rocio Cervantes
City of Palm Springs – Procurement and Contracting Department City Hall
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: 760.322.8336
Email: [email protected]

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SECTION 2 – INSTRUCTIONS TO RESPONDERS

2.1. Obtaining RFQ Documents and Addenda:

RFQ documents including Addenda can be found on PlanetBids at:
https://pbsystem.planetbids.com/portal/47688/portal-home Responders will then need to log in and locate this RFQ for all related documents. It is the Responders responsibility to check the PlanetBids site regularly to stay current on the documents that are available as this is the primary communication site for this RFQ.

2.2. Responder’s Minimum Requirements:

A. Experience: The Responder must have prior experience in official police tow services provider or a municipal, state highway patrol tow service provider.

Responders shall outline this experience in Section A of the proposal.

B. Facility: The Responder must have a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand usable square feet. Upon notification of intent to award the Responder shall facilitate a site walk with Police Department personnel to ensure the facility meets the outlined requirements.

B.1. The vehicles storage facility must be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10 miles, distance shall be measured in driving distance.

B.2. The vehicle storage facility must be completely enclosed by a six-foot high wall or fence with no holes, gaps or other unsecured openings, and a gate. The wall of fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence, or the wall shall be a minimum of eight fee in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence.

Any damage to walls, fences or gates which allows unauthorized access must be repaired within twenty-four hours.

B.3. The vehicle storage facility shall have adequate lighting, and comply with all applicable building code, zoning regulations, environmental laws and regulations, and any and all the applicable laws, rules and regulations established by federal, state, county and or city governments.

B.4. No official police tow service provider shall perform any work in the vehicle storage facility upon any vehicles stored or impounded by the police department without first obtaining authorization from the police department and the registered owner of the vehicle.

B.5. Official police tow service provider shall not dispose of any impounded vehicle, through any process whatsoever, without first obtaining authorization from the police department. Nothing herein shall be deemed to prevent or prohibit the official police tow service provider from commencing the lien sale process on any such impounded vehicle.

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B.6. Official police tow services provider shall have cameras installed or cause to be installed upon award of contract in accordance with Section 17.7 on the attached sample contract.

C. Business License: The selected firm will be required to be licensed in accordance with the City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96, entitled “Business Tax”. Responders may obtain the license after award but must do so promptly as the license will be routed with the contract for final signature.

2.3. Submission of Statements of qualifications:

1. Requests for Qualifications will be electronically received through the Planet Bids electronic platform as provided in this RFQ until the time specified in the schedule. The receiving time date stamp in the electronic Planet Bids system will be the governing time for acceptability of Statements of qualifications. Paper statements of qualifications, or statements of qualifications sent by any other means will not be accepted. Failure to register as a Responder to this RFQ process per the instructions in the Requests for Qualifications (under “Obtaining RFQ Documents”) may result in not receiving Addenda or other important information pertaining to this process. Failure to acknowledge Addenda may render a statement of qualifications as being non-responsive or negatively impact the evaluation of a statement of qualifications. Statement of Qualification files shall be clearly labelled per the instructions provided and submitted electronically.

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SECTION 3 – CONDITIONS GOVERNING THE PROCUREMENT

3.1. Request for Clarifications/Questions:

A. Questions are to be submitted through PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.

B. Interpretations or clarifications considered necessary in response to such questions will be resolved by the issuance of formal Addenda to the RFQ. The deadline for all questions is as outlined in the schedule. Questions received after this date and time may not be answered. Only questions that have been resolved by formal written Addenda via the Division of Procurement and Contracting will be binding. Oral and other interpretations or clarifications will be without legal or contractual effect.

3.2. Responders Ethical Behavior:

Responders, their representatives, agents, or anyone else acting on their behalf are specifically directed not to contact any city employee, commission member, committee member, council member, or other agency employee or associate for any purpose related to this RFQ other than as directed below. Contact with anyone other than as directed below will be cause for rejection of a statement of qualifications.

3.3. Statements of Qualifications to Remain Open:

The Responder shall guarantee that all contents of their statement of qualifications shall be valid for a period of 120 calendar days from the due date of statements of qualifications.

3.4. Right to Accept or Reject Statements of Qualifications:

The City of Palm Springs reserves the right to waive any informality or technical defect in a statement of qualifications and to accept or reject, in whole or in part, any or all statements of qualifications and to cancel all or part of this RFQ and seek new statements of qualifications, as best serves the interests of the City.

The City furthermore reserves the right to contract separately with others certain tasks if deemed in the best interest of the City.

3.5. Responsibility of Responder:

All firms responding to this RFQ shall be responsible. If it is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an RFQ without an authorized signature, falsified any information in the statement of qualifications package, etc.), the statement of qualifications shall be rejected.

3.6. Insurance:

Insurance provisions are contained in the Standard Contract Services sample agreement included in the RFQ. The successful Responder will be required to comply with these provisions. It is recommended that Responders have their insurance provider review the insurance provisions BEFORE they submit their statement of qualifications.

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3.7. Public Record:

1. All documents submitted in response to this solicitation will become the property of the City of Palm Springs and are subject to the California Code Section 7921 et seq., commonly known as the Public Records Act.

Information contained in the documents, or any other materials associated with the solicitation, pursuant to CA Government Code 7922 during the negotiation process, may be made public after the City’s negotiations are completed, and staff has agendized the recommendation to the City Council for the award of a contract to a specific firm, but before final action is taken by the City Council to award the contract.

2. Although the California Public Records Act (“CPRA”) recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information submitted in a statement of qualifications is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” Proprietary,” or any other similar designation, the City will provide the party submitting such information with reasonable notice to allow the party to seek protection from disclosure by a court of competent jurisdiction.

3. If a submitting party contends that a portion of the statement of qualifications is confidential even under the CPRA, the party: 1) must clearly label each document and/or page deemed a confidential document 2) the legal rationale supporting such contention including specific references to applicable provisions of the Public Records laws of the State 3) must actively defend against any request for disclosure of information which the party has determined should not be released, and 4) must indemnify and hold harmless the City from any loss, claim or suit, including attorneys’ fees, brought by a person challenging the City’s refusal to release the documents. The City will not, under any circumstances, incur any expenses, or be responsible for any damages or losses incurred by a party submitting a statement of qualifications or any other person or entity, because of the release of such information. The City will not return the original or any copies of the statement of qualifications or other information or documents submitted to the City as part of this RFQ process. The City may not recognize statements of qualifications where all the information, via a blanket statement is submitted as proprietary information or a trade secret. Such statements of qualifications may be found nonresponsive.

3.8. Cost Related to Statement of Qualifications Preparation:

The City will NOT be responsible for any costs incurred by any firm responding to this RFQ in the preparation of their Statement of Qualifications or participation in any presentation if requested, or any other aspects of the entire RFQ process.

3.9. Compliance with Law:

Responder warrants that all Services rendered shall be performed in accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and regulations.

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3.10. Licenses, Permits, Fees and Assessments:

Responder represents and warrants to City that it will obtain all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession and perform the Work and Services requested in this RFQ.

Responder represents and warrants to City that Responder shall, at its sole cost and expense, keep in effect at all times during the term of the Agreement if so awarded, any license, permit, qualification, or approval that is legally required for Responder to perform the Work and Services under the Agreement if so awarded.

Responder 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 Responder’s performance of the Work and Services required under the Agreement if so awarded. Responder shall indemnify, defend, and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the fullest extent permitted by law.

3.11. Investigations:

The City reserves the right to make such investigations as it deems necessary to determine the ability of the firms responding to this RFQ to perform the Work and the firm shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any statement of qualifications if the evidence submitted by or investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out the obligations of the Contract and to complete the Work contemplated therein.

3.12. Non-Collusion:

The undersigned, by submission of this procurement Form, hereby declares that this statement of qualifications is made without collusion with any other business making any other statement of qualifications, or which otherwise would make a statement of qualifications. Responder must execute an Affidavit of NonCollusion provided as Attachment “B” in the RFQ and include it with their statement of qualifications.

3.13. Signed Statement of Qualifications and Exceptions:

Submission of a signed statement of qualifications will be interpreted to mean that the firm responding to this RFQ has hereby agreed to all the terms and conditions set forth in all of the sheets which make up this Request for Qualifications, and any attached sample agreement. Exceptions to any of the language in either the RFQ documents or attached sample agreement, including the insurance requirements, must be requested under the request for clarifications/questions process by the deadline for questions. Any requested changes to the contract will be considered at that time and if changes are allowed, they will be sent out through an Addendum to all Responders. Exceptions to the City’s RFQ document or standard boilerplate language, insurance requirements, terms, or conditions, etc. may only be considered during the early stage of the solicitation process; and shall not be included in the submitted statements of qualifications. The City makes no guarantee that any exceptions will be approved but will consider any requests put forward in the request for clarification/question process.

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3.14. Award of Contract:

It is the City’s intent to award a contract to the firm or firms that can provide all of the scope of work tasks identified in the RFQ document. However, the City reserves the right to award a contract, award multiple contracts, or to make no award, whichever is in the best interest of the City. It is anticipated that award of the contract will occur at the next regularly scheduled City Council meeting after the evaluation committee has made its final selection of the firm to be recommended for award and a contract has been negotiated and agendized for consideration. The decision of the City Council will be final.

3.15. Form of Agreement:

A. The selected firm will be required to enter into a contractual agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance with the standard Contract Services Agreement (see Section 8).

Please note that the Exhibits are intentionally not complete in the attached sample standard document. These exhibits will be negotiated with the selected firm and will appear in the final Contract Services Agreement executed between the parties.

B. Failure or refusal to enter into an Agreement as herein provided or to conform to any of the stipulated requirements in connection therewith shall be just cause for an annulment of the award. If the highest ranked Responder refuses or fails to execute the Agreement, or negotiations are not successful, or the agreement is terminated, the City may, at its sole discretion, enter negotiations with and award the Contract to the second highest ranked Responder, and so on.

We specifically draw your attention to the language in the sections of the sample contractual agreement attached entitled “Conflict of Interest” and “Covenants Against Discrimination” and recommend all firms carefully consider these contractual requirements prior to submitting a statement of qualifications in response to this RFQ. Firms that submit a statement of qualifications in response to this RFQ shall certify the following:

A. Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder 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.

B. Covenant Against Discrimination. In connection with its performance under this Agreement, Responder 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”). Responder shall ensure that applicants are employed, and that employees are treated during their

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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, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder 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 Responder is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

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SECTION 4 – SCOPE OF WORK

4.1. Contractor shall perform vehicle towing, impound, and storage services as directed by the Department and in addition such other services as provided in this Agreement, and shall provide necessary storage facilities, tow services, labor, materials, equipment, machinery, and tools.

4.2 Contractor shall comply with all federal, state, and local laws, ordinances, rules, and regulations that regulate tow units and the impound, towing, storage, selling, or junking of vehicles. Specific services include, but are not limited to, towing and storage of vehicles involved in accidents or disabled for other causes (when alternate towing is either not appropriate or is not requested by the owner or operator of the vehicle) and towing and storing of vehicles which for other reasons are within the jurisdiction of the Palm Springs Police Department, including impounded/forfeited vehicles under the provisions of California Vehicle Code 14602.6 and 14607.6. Contractor shall be able to properly conduct a lien sale as outlined in Division 11, Chapter 10, Article 2, beginning with Section 22851 of the California Vehicle Code.

4.3 Contractor shall also provide the following special services to the City, at no charge to City:

4.3.1 Contractor shall participate in a monthly rotational tow schedule for VillageFest, with the department assigning a tow company each month and providing advanced notice. Contractors must maintain detailed records of all VillageFest tows, including the date, time, and storage location (if applicable), and submit a monthly report detailing all tows and any fee waivers applied Towing services shall be provided in accordance with the City’s official towing rotation. Towing operations will commence one (1) hour and thirty (30) minutes prior to the start of VillageFest. Any vehicle remaining within the designated event boundaries may be subject to towing at the sole discretion of a Department officer, with no vehicle removed without explicit officer authorization.

Towed vehicles shall first be transported to a designated drop location, where they will remain until (30) thirty minutes past the official start time of VillageFest.

If the registered owner or authorized agent claims the vehicle during this holding period, they shall be charged for one (1) hour of towing service, and all City administrative fees shall be waived. The tow operator shall be responsible for facilitating vehicle release during this time.

Once the holding period expires, all unclaimed vehicles shall be relocated to the Contractor’s storage facility, where standard storage fees shall apply.

Registered owners or authorized agents of vehicles towed from VillageFest shall be charged for one (1) hour of towing service and all City administrative fees shall be waived. After hours gate fees would apply if the owner/agent retrieves the vehicle outside regular business hours. Contractors must ensure full compliance with all record-keeping, reporting, and operational requirements as set forth by the Department.

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4.3.2 Towing services necessary to support the City’s Annual Special Events, which require street closures. On a rotational basis, as needed and determined by the Department, Contractor shall remove cars from areas within the designated boundaries, coordinating with Special Events staff and the Department.

Annual Special Events include, but are not limited to the following:

1. Homecoming Parade

2. Pride Block Parties

3. Pride Festival

4. Pride Parade

5. Veteran’s Day Parade

6. Festival of Lights Parade

7. Tour de Palm Springs

8. Black History Parade
Contractors will be utilized on a rotational basis for each individual tow during special events. For parades, any vehicles parked along the designated parade route that require removal will also be towed on a rotational basis prior to the start of the event. Vehicles towed from special event routes requiring street closures shall be subject to standard towing and storage fees, however, all City administrative costs shall be waived.

Once the route is cleared and the parade is underway, one Contractor will remain on standby for the entirety of the event to provide tow services such as a float, vehicle, or equipment breakdown. Standby assignments will be rotated for each parade to ensure equity among all participating Contractors. The assigned Contractor shall have a tow vehicle staged within the immediate vicinity of the event to ensure a prompt response. The Department will determine standby locations and response protocols to support efficient vehicle removal while minimizing disruption to the event.

4.3.3 As-needed abatement of vehicles from private property at the direction of the City’s Code Enforcement Officers in accordance with the City’s Abandoned Vehicle Abatement Program in accordance with the terms and conditions set forth in Title 11 of the City of Palm Springs Municipal Code, “Peace, Morals and Safety”, Chapter 11.80, “Abandoned Vehicles” which is incorporated herein by reference and may be found online at: City of Palm Springs, CA ABANDONED VEHICLES. No charge shall be assessed against City or the owner of any vehicle that is towed, stored, or dismantled under the provisions of the Abandoned Vehicle Abatement Program.

4.4 Contractor is hereby designated as an authorized official police tow service provider for City by the Chief of Police. All trucks, personnel, and equipment used by Contractor in the performance of this Agreement shall be owned by or leased to Contractor and shall be subject to all provisions and performance standards set forth herein.

4.5 Contractor acknowledges and agrees that this Agreement to provide tow services as set forth herein is non-exclusive. City intends to concurrently contract with other designated tow service providers. City shall utilize the services of each tow service provider as City, in its sole discretion, deems necessary and appropriate.

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4.6 Consideration : In consideration of Contractor’s agreement to perform the services provided for herein, City agrees that throughout the term of this Agreement, Contractor shall have:

4.7 The right to tow, impound, and store vehicles at the direction of the Department, subject to the Department’s rotational call-for-service system, as it may be amended from time to time, at the Department’s sole discretion, and the right to identify itself as an official police tow service provider for City.

4.8 Provided, however, that nothing contained herein shall deprive the owner or operator of a vehicle from requesting and receiving towing services from a person or entity other than Contractor.

4.9 Provided, however, that when, in the opinion of the Department, an emergency exists or where Contractor is either unable or unwilling for any reason to provide adequate or timely tow service, then the Department shall have the right to call other qualified tow services. Under such circumstances, the decision to call another tow service shall be at the exclusive discretion of the Department.

4.10 Rates and VTACR Fee

4.10.1 In accordance with Sections 11.82.090 and 11.82.100 of the Palm Springs Municipal Code, and as authorized by California Vehicle Code Section 22850.5, the Vehicle Towing Administrative Cost Recovery (VTACR) Fee is imposed to recover the City’s actual and reasonable administrative costs associated with the enforcement, removal, storage, and release of impounded vehicles. These costs include overhead, personnel, and contract management expenses necessary to operate the official police tow services program. Pursuant to Resolution No. 25189, the City Council has reviewed and adopted a VTACR fee in the amount of $235.00 per tow, calculated based on the City's total annual administrative cost of $345,016.16.

Each official police tow services provider shall collect the VTACR fee at the time of vehicle release and remit payment to the City of Palm Springs no later than the 10th day of each month. The remittance shall include an itemized report detailing all vehicles towed under the program. The City may waive the VTACR fee in cases of abandoned vehicles, where neither the City nor the Contractor collects any towing or storage fees, and the Contractor avails itself of the Abandoned Vehicle Abatement Program, as set forth in Palm Springs Municipal Code Section 11.80. The Tow Fee Schedule is adopted as follows:

Fee Schedule

TOWING SERVICES CHARGES HOURLY
CLASS A TOW TRUCK $230*
CLASS B TOW TRUCK $285*

STORAGE FEES DAILY
MOTORCYCLES $80

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PASSENGER CARS $90
TRUCKS | TRAILERS 20' OR LESS $90
TRUCKS | TRAILERS | VEHICLES 20' TO 30' $95
TRUCKS | TRAILERS | VEHICLES 30' ABOVE $100
VEHICLE TOWING ADMINISTRATIVE COST RECOVERY $235

OTHER RELATED FEES

ONE TIME
AFTER HOURS RELEASE / GATE FEE $100
SECONDARY / SUBSEQUENT TOW ½

ESTABLISHED

TOW RATE
*Hourly rates

4.10.2 When Contractor fails, neglects, or refuses to pay or remit the VTACR fee under this Section, or otherwise pays the VTACR fee, but later cancels or stops payment on it, and in either situation that payment or remittance is lawfully due or owing, the entire amount of the unpaid or non-remitted VTACR fee constitutes a debt to the City by Contractor, which the City may recover in a civil action. Failure to timely pay the VTACR shall also be deemed a material breach of this Agreement, and the City may terminate the Agreement as provided for herein.

4.10.3 “Dry Runs”: City shall not be liable to pay Contractor any charge whatsoever or fee for a call that does not result in a chargeable service being rendered by Contractor (i.e., a “dry run”). In the event that a vehicle towed or impounded in error due to an incorrect directive from the Department, Contractor shall, upon verification and direction by the Department, immediately release the vehicle to the registered owner without charge. Contractor shall wave all towing, storage, and administrative fees associated with the erroneous tow prior to release.

Contractor shall maintain records of such waivers and provide documentation upon request by the Department.

4.10.4 Pursuant to Palm Springs Municipal Code Section 11.82.070(b), the City Council of the City shall establish the fee schedule for services to be provided under this Agreement. All charges for towing, impound, storage, and other services required to be performed by Contractor under the terms and conditions of this Agreement shall not exceed those charges adopted by City Council.

4.10.5 All rates and charges shall be conspicuously posted in the Contractor’s office and in all tow vehicles and shall be available for review by City personnel and/or persons for whom tow service is provided. All customer bills shall be itemized. It will be the Contractor’s responsibility to collect payment for services it renders

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under this Agreement from the motorists, and City shall not be responsible in any way whatsoever for payment of these charges.

4.10.6 Contractor shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or agent of the owner claiming the vehicle.

4.10.7 Department may waive the VTACR fee due to extenuating circumstances. It is not the intention of the City nor the Police Department to penalize victims.

Circumstances under which the VTACR fee may be waived include the impounding of recovered stolen or embezzled vehicles, and vehicles impounded due to driver injury or incapacitation.

4.10.8 In the event that a vehicle is towed or impounded in error due to an incorrect directive from the Department, Contractor shall, upon verification and direction by the Department, immediately release the vehicle to the registered owner without charge. Contractor shall waive all towing, storage, and administrative fees associated with the erroneous tow. The Department shall provide written or electronic authorization confirming the erroneous tow prior to release. Contractor shall maintain records of such waivers and provide documentation upon request by the Department.

4.10.9 Whenever a motorist requests tow assistance and does not specify a particular tow company or membership agency, the service shall be assigned to the Contractor in accordance with the Department’s adopted rotational call-forservice system. All charges arising out of such assistance assigned to the Contractor shall be the exclusive responsibility of Contractor and the requesting motorist. The Department shall not be liable for any charges whatsoever arising out of a motorist assistance call. Contractor shall not charge such motorist more than the rates specified in this Agreement.

4.11 Term and Termination

4.11.1 This Agreement shall remain in effect for three (3) years from the Effective Date.

This Agreement may be reviewed at the conclusion of the initial three (3) year period and extended for up to two (2) one (1) year periods by mutual written agreement of the parties.

4.11.2 Subject to the requirements of Palm Springs Municipal Code Section 11.82.150, as it may be amended from time to time, this Agreement may be cancelled, revoked, and/or suspended by City at any time during the three (3) year term, or the subsequent one (1) year optional terms, if extended, upon Contractor’s breach of this Agreement. In the event of termination for cause by City, Contractor shall be compensated for those services that have been fully and adequately completed and accepted by the Department as of the date of termination.

Termination of this Agreement for cause may be considered by City in determining whether to enter into future contracts with Contractor.

4.11.3 This Agreement may also be cancelled without cause upon thirty (30) days written notice provided by the City or upon ninety (90) day written notice from the Contractor. In the event that City should cancel, revoke, or suspend Contractor’s work pursuant to this Section 5.3, Contractor shall be entitled to payment for services fully and adequately provided hereunder prior to the effective date of the

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cancellation, revocation, or suspension. Contractor shall provide documentation deemed adequate by the Department to show the services actually completed by Contractor prior to the effective date of termination. Contractor’s sole remedy for City’s cancellation, revocation, or suspension of work pursuant to this Section 5.3 shall be the payment of funds as expressly provided in this Section 5.3.

4.11.4 In the event this Agreement is terminated, in whole or in part, as provided by this Section 5, City may procure, upon such terms and in such manner as it deems appropriate, services similar to those terminated.

4.11.5 The rights and remedies of the parties provided in this Section 5 are in addition to any other rights and remedies provided by law or under this Agreement, including, but not limited to, those rights and remedies set forth in Palm Springs Municipal Code Section 11.82.150, as it may be amended.

4.12 Location

4.12.1 All storage facilities that are utilized to store police-stored or impounded vehicles by Contractor shall be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10 miles, distance shall be measured in driving distance.

4.12.2 All vehicles stored or impounded at the direction of the Department shall be towed, without delay, directly to Contractor’s impound and storage facilities, unless the Department or other person legally in charge of the vehicle requests that it be taken to some other location.

4.12.3 Any change in Contractor’s operating/facility locations shall be reported, in writing, to the Department at least thirty (30) days prior to making such change

4.13 Personnel

4.13.1 Contractor shall ensure that its employees and tow truck operators are qualified and competent employees of the company and are sufficiently trained and capable to ensure the safe and proper discharge of their service responsibilities. All tow truck operators shall be trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through the Department rotation program. Contractor shall ensure that each tow truck operator and employee providing dispatch services for Contractor participate in one (1) customer service training offered by, but not limited to, a local community college or tow industry association, at least once every two years. Completion of a TSAAC/CHP approved certification course would be considered as acceptable option.

4.13.2 All tow truck operators shall be required to have all necessary certificates required by the State of California to operate a tow truck, including a valid California Tow Truck Driver Certification and California Driver’s Licenses in the proper class pursuant to Vehicle Code Sections 12520 and 12804.9(b).

Within ten (10) days of the Effective Date of this Agreement, and annually

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thereafter (within ten (10) days of the anniversary of the Effective Date of this Agreement), Contractor shall provide a list of its tow truck operators and a CHP Form 234F (Tow Operator/Driver Information) for each tow truck operator and such other executed releases and authorizations as the City may require to allow the Department to conduct a background check, including, but not limited to a State of California Department of Motor Vehicles (“DMV”) printout, and fingerprints for each tow truck operator to be utilized in Department tow program. Any subsequent employment of a new tow truck operator shall be reported in writing to the Department immediately, including submittal of the above-referenced materials.

4.13.3 All tow truck operators shall be required to have a safe driving record, be 18 years of age or older, and be subject to driving record and criminal background checks by the Department.

4.13.4 Contractor shall have an alcohol and drug program that includes, at a minimum, an alcohol and drug free workplace policy, and a tow truck operator alcohol/drug- testing program that complies with the U.S.

Department of Transportation requirements to the extent allowed by law, including random alcohol and drug testing. Any tow truck operator found working under the influence of alcohol or drugs shall be immediately removed from operating a tow truck and from providing any further services pursuant to this Agreement. The alcohol and drug program shall meet the following requirements
a. A contract with a program administrator and authorized lab certified by the U.S. Department of Transportation; and
b. Procedures and components substantially as in Part 40 of Title 49 of the Code of Federal Regulations for pre-employment; and
c. Procedures and components substantially as in Part 382 of Title 49 of the Code of Federal Regulations for rehabilitation, return-to-duty and follow up testing; and
d. Procedures and components for random testing following U.S. Department of Transportation guidelines, and additional tests as required following accidents, rehabilitation, return-to-service, and other circumstances providing reasonable suspicion to test; and
e. Monthly reports of the random testing component shall be filed with the Department by the program administrator no later than the 10th day following the end of the previous monthly reporting period; and f. Contractor and program administrator’s alcohol and drug program records shall be made available to the Department upon request; and g. Drivers must show a valid California driver’s license at the time and place of testing; and
h. All test results are kept confidential except that the Department is authorized to receive copies for its administrative purposes, and except as otherwise authorized or required by law.

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4.13.5 Contractor shall participate in the California Department of Motor Vehicles (DMV) Employer Pull Notice Program, or any similar program as may be approved by the Department

4.13.6 Contractor shall not employ in the performance of services pursuant to this Agreement any tow truck operator convicted of or having pled nolo contendere to a crime involving a stolen vehicle, stolen property, violence, drugs or moral turpitude, fraud related to the towing business, a violation of any of the provisions of Vehicle Code Section 22658, or misdemeanor or felony driving while under the influence of alcohol or drugs, or the crimes listed in Vehicle Code Section 13377. If any tow truck operator is charged with any of the abovelisted crimes, Contractor shall immediately suspend that operator from duties under this Agreement pending the outcome of the criminal case.

4.13.7 Tow truck operators shall maintain acceptable standards of dress, including uniforms, and cleanliness while on duty in the community.

4.13.8 Tow truck operators shall fully cooperate with and abide by the instructions of the Department’s officers.

4.13.9 If any tow truck operator becomes ineligible to provide operator services under t his Agreement, Contractor shall immediately notify the Department in writing of such ineligibility and the reason(s) therefore.

4.13.10 If requested by the Department, all tow truck operators shall obtain from the Department a clip-on identification tag, which such operator shall wear at all times when performing services pursuant to this Agreement in order to allow ease of tow truck operator identification.

4.13.11 While involved in the Department rotation tow operations or related business, Contractor and its employees shall refrain from any act(s) of misconduct, including but not limited to, any of the following enumerated acts. At the sole discretion of the Police Chief or his/her designee, non-compliance with this section may constitute grounds for disciplinary action.

4.13.12 Rude or discourteous behavior.

4.13.13 Lack of service, selective service, or refusal to provide service which Contractor should be capable of performing.

4.13.14 Any act of sexual harassment or sexual impropriety.

4.13.15 Unsafe driving practices.

4.13.16 Exhibiting any objective symptoms of alcohol and/or drug use.

4.13.17 Appearing at the scene of a Department rotation tow call with the odor of an alcoholic beverage or cannabis emitting from his/her breath. The truck operators shall submit to a preliminary alcohol and/or cannabis screening test upon demand of the Department.

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4.14 Tow Service Duties
After being dispatched to the scene by the Department, Contractor shall comply with the following:

4. 14. 1 Not move nor attach a tow truck to any vehicle until instructed to do so by the investigating officer of the Department;

4.14.2 Cooperate with the investigating officer of the Department in removing hazards and/or illegally parked vehicles, and in the storing or impounding of such vehicles as requested. It is the duty of the police officers to determine when a vehicle should be impounded or moved, and the tow truck attendant shall abide by their decisions;

4.14.3 On collision calls, clean-up and remove all debris from the accident scene, including, but not limited to, clean-up and removal of all hazardous materials/vehicle fluids in the street with absorbent material, as directed by Department officers and Section 27700 of the California Vehicle Code.

4.14.4 Provide the owner or driver of towed vehicles (when present at scene) with an Contractor business card indicating where vehicle will be stored or impounded (including address and telephone number); and

4.14.5 Deliver upon request all personal property located within stored or impounded vehicles upon: (a) presentation of proper identification; and (b) in the case of impounded vehicles, written authorization by the Department.

4.15 Response to call and response time

4.15.1 Contractor shall be placed on a “rotation list” in an initial order to be determined by the Police Chief. The rotation list shall be used whenever a driver or owner of a disabled vehicle is unable to specify a particular garage or tow service, or whenever a Department employee stores or impounds a vehicle and the driver or owner is not present or is not consulted.

4.15.2 Contractor shall be called in response to a Department request upon the occurrence of its turn in rotation. Whenever Contractor cannot, for any reason, respond with any equipment needed to accomplish the requested service within the response time specified herein, it shall be passed over and the next official police tow service provider on the list will be called. Contractor shall become eligible to provide service again only in its next turn in rotation.

Whenever a Department employee determines that an emergency exists because Contractor is unable, for any reason, to provide adequate tow service, the Department employee shall have the right to have such services performed by any other means available. In the event a Department employee cancels a rotation tow due to no fault on the part of the Contractor, Contractor shall be placed on the top of the rotation list for the next requested tow.

4.15.3 When Contractor will be temporarily unavailable to provide services due to a preplanned/scheduled activity (i.e., vacations, maintenance, medical leave, etc.), Contractor shall notify the Department at least twenty-four (24) hours prior to the date that services will be unavailable, noting times and dates of the unavailability.

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4.15.4 When responding to a Department call, Contractor shall perform the towing or service required for which it was called. This requirement may be waived by the Department officer in charge, if the requested equipment is inadequate for the service to be performed; provided, however, if Contractor supplies the wrong equipment, it shall be placed upon the bottom of the Department rotation list.

4.15.5 Contractor shall not respond to a Department call assigned to another official police tow service provider unless requested to do so by the Department. If the Contractor responding to a Department call requires the assistance of an additional tow truck at the scene, Contractor may, subject to the prior approval of the Department officer in charge, request the official police tow service provider next on the Department rotation list to assist it.

4.15.6 Contractor’s dispatcher shall notify the Department when a tow vehicle cannot respond immediately, give the reason for the delay, and an estimated time of arrival. In the event of an additional delay, Contractor’s dispatcher shall again notify the Department and give the new estimated time of arrival. To ensure a timely response, the Department, in its sole discretion, may cancel any callfor- service because of a response delay and may request service from the next official police tow service in the rotation.

4.15.7 If the Contractor’s telephone or radio is not promptly answered, or if the line is busy when called by the Department after two (2) attempts, Contractor will be bypassed, and the Department shall select the next official police tow service provider in the rotation.

4.15.8 If, while rendering assistance in response to a Department call for towing, a second Department call for towing is generated to Contractor’s operator, Contractor shall, before responding to the second call, ensure that all vehicles at the first site are sufficiently clear of the roadway so that no obstruction to normal traffic exists. Once the second call is handled to conclusion, the vehicles at the first site may be towed as necessary.

4.15.9 Contractor agrees that, for any thirty day period, the average response time pursuant to requests for tow service by the Department within the City of Palm Springs shall not exceed fifteen minutes. Contractor also agrees that the maximum response time for any single request for tow service by the Department shall not exceed twenty minutes.

4.16 Equipment Standards

4.16.1 Contractor shall equip and maintain tow trucks covered under the Agreement in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, the specifications contained in this Agreement, and in a manner consistent with industry standards and practices.

4.16.2 All recovery vehicles (wreckers) shall have an extendable/retractable recovery boom meeting the specifications contained in this Agreement, and the most recent electronic version of the CHP 234B, Tow Truck Inspection Guide.

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4.16.3 An operator who has a car carrier is exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit and shall not be used for recovery.

4.16.4 An auto-loader without an extendable/retractable boom is an additional unit and shall not be used for recovery.

4.16.5 For purposes of the Agreement, recovery is defined as a vehicle, which is overturned, down an embankment, or otherwise not upright on its wheels.

4.16.6 A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck should be cause for immediate suspension. This includes exceeding the tow truck’s GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck’s unloaded front axle weight on the front axle when towing.

4.16.7 There are two (2) classes of tow trucks covered under this Agreement a. Class A- Light Duty: Contractor shall maintain a minimum of one tow truck, which has a manufacturer’s GVWR of at least 14,000 pounds.

Class A 4-wheel drive tow trucks with a GVWR of less than 14,000 pounds may be listed as special equipment on the 234A. These tow trucks shall be used only for recoveries requiring the use of 4-wheel drive. b. Class B - Medium Duty: Contractor shall maintain a minimum of one tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.

4.16.8 For purposes of the Agreement, a “low-boy trailer” is considered special equipment.

4.17 General Equipment Specifications

4.17.1 Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Trucking Association and truck manufacturers.

Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.

4.17.2 Identification Labels: Each piece of towing equipment shall have a manufacturer’s label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity.

4.17.3 Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell).

4.17.4 The structural design of the recovery equipment must have a higher load capacity than the performance ratings.

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4.17.5 Winches shall conform to, or exceed, the specifications set forth by the Recovery Equipment Rating, Society of Automotive Engineers (SAE) Handbook, and SAE J706.

4.17.6 All ratings for wire rope and chain assemblies are for the undamaged assembly condition. All wire rope and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer.

4.17.7 Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions.

4.18 Communications and Operational Requirements

4.18.1 Contractor shall maintain a twenty-four (24) hour per day telephone answering service to receive calls from the public and the Department.

4.18.2 Contractor shall require its telephone answering service to retain data and records relating to the City’s requests for towing services on premises for the term of this Agreement.

4.18.3 Contractor shall require its answering service to promptly accept and relay requests for towing services made by the City. Failure or refusal to promptly relay the City’s requests for towing services shall constitute failure to comply the requirements, terms and conditions of this Agreement and may result in suspension or termination of the Agreement.

4.18.4 Contractor shall install and maintain, to the satisfaction of City, at all times during the term of this Agreement, radio or cellular telephone transmission and reception contact between the Contractor communication contact shall be maintained twenty-four (24) hours a day, seven (7) days a week.

4.18.5 Contractor shall provide to the Department a list of telephone numbers to be called in order of priority, and immediately upon any change in such telephone numbers or in the priority thereof shall notify the Department in writing with the effective date of such change.

4.18.6 Contractor’s business office shall be located within its storage yard and attended at all times for servicing the public and the City from 8:00 a.m. to 5:00 p.m., Monday through Friday, except for the holidays of January 1, known as New Year’s Day; third Monday in January, known as Dr. Martin Luther King Jr.’s Birthday; third Monday in February, known as Washington’s Birthday/President’s Day; last Monday in May, known as Memorial Day; July 4, known as Independence Day; first Monday in September, known as Labor Day; the second Monday in October, known as Columbus Day; November 11, known as Veteran’s Day; fourth Thursday in November, known as Thanksgiving Day; and December 25, known as Christmas Day. If January 1, July 4, November 11 or December 25 fall upon a Sunday, the Monday following is a holiday and if they fall upon Saturday, the preceding Friday is a holiday.

Contractor may make an additional charge for after normal business hours release of vehicles consistent with the guidelines or provisions of the City Council resolution establishing fees and charges for tow services.

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4.18.7 Contractor shall provide twenty-four (24) hour towing service, seven (7) days a week, during the term of this Agreement.

4.18.8 Contractor shall ensure that there will be an employee on call capable of being present or available for releasing impounded or stored vehicles to the public twenty-four (24) hours a day, seven (7) days a week.

4.19 Vehicle Identification

4.19.1 Contractor’s vehicles shall display identification signs, in compliance with Section 27907 of the California Vehicle Code. Contractor shall not display any signs or advertising that indicate the Contractor is an official towing service or police garage of the City.

4.19.2 Contractor shall not, through their advertisements or otherwise, in any way publicize any official or other business connection with City, nor shall Contractor advertise any address or telephone number of the City as a location to call for vehicle towing and storage service.

4.20 Storage service responsibilities

4.20.1 Contractor shall be responsible for all vehicles, accessories, and equipment thereon, and all personal property therein, stored by it. It shall be Contractor’s duty to protect such stored vehicles, accessories, equipment, and property against all loss, damage by fire, theft, or other causes. In the event of loss or damage to a stored vehicle, its accessories or equipment, or personal property contained in the vehicle, Contractor shall be responsible to the owner for all losses or damages.

4.20.2 Contractor shall be responsible for the acts and omissions of its employees while on duty. Contractor shall be responsible for any property damage caused by the active or passive negligence of Contractor or its employees.

4.20.3 Contractor shall abide by all federal, state, and local laws pertaining to the disposal of unclaimed vehicles and shall not use any vehicle stored or impounded as a result of tow ordered by the Department for any purpose except as expressly authorized under this Agreement .

4.20.4 All vehicles stored or impounded by Contractor as a result of a tow ordered by the Department shall be towed directly to an official storage lot, unless the Department or other person legally in charge of the vehicle requests that it be taken to some other location. Vehicle release fees shall be limited to those established by resolution of the City Council of the City of Palm Springs.

4.20.5 Contractor shall release vehicles stored or impounded by the Department pursuant to authorization provided by appropriate employees of the Department. Such authorization shall be in writing on a form provided by the Department or may be given verbally by employees authorized by the Department to provide verbal releases.

4.20.6 All vehicles stored or impounded as a result of a tow ordered by the Department shall be made available during business hours to the owner of the vehicle or his representative, or any authorized insurance agent, insurance

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adjuster, or any body shop or car dealer, for the purpose of estimating or appraising damages, except vehicles with a “police hold”.

4.20.7 Personal property in vehicles stored by Contractor shall not be disposed of to defray any charges for the towing or storage of a vehicle; and, if not called for by the owner within thirty (30) days after date of notice by the Department of impound or storage, all such property shall be disposed of in accordance with all State, County and Municipal laws, statutes, ordinances and regulations, including without limitation, Vehicle Code Section 10652 (reporting storage of vehicles over thirty days).

4.20.8 Contractor shall take whatever actions and precautions necessary to protect the engines, trunks and interior areas of all stored or impounded vehicles against the elements by rolling up windows, closing doors, trunk lids and hoods, and, if necessary, covering the vehicle or parts thereof exposed to the weather with plastic, canvas or other waterproof covering.

4.20.9 Contractor shall park all stored or impounded vehicles in such a manner as to prevent any damage while other vehicles are being moved or parked in the vicinity of said vehicles.

4.20.10 Contractor is authorized and encouraged to take photographs of vehicles towed under this Agreement for the sole purpose of documenting the condition of the vehicle, including any damage or lack thereof, at the time of the tow.

Such photographs shall be treated as confidential and may only be disclosed to the vehicle owner or other interested parties, as determined by the Department in its sole and absolute discretion. Under no circumstances shall Contractor post, publish, or otherwise disseminate such photographs— whether in print, online, through social media, or by any other means—without the prior written consent of the Department.

4.21 Storage Facility Standards

4.21.1 Contractor shall provide a secure and environmentally safe vehicle storage facility with a minimum of fifteen thousand (15,000) usable square feet.

4.21.2 The vehicles storage facility must be located in or within ten (10) miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10 miles, distance shall be measured in driving distance.

4.21.3 The vehicle storage facility must be completely enclosed by a six foot high wall or fence with no holes, gaps or other unsecured openings, and a gate.

The wall or fence shall have two or more strands of barbed wire installed in such a manner as to discourage access over the top of the wall or fence, or the wall shall be a minimum of eight feet in height without barbed wire. All gates into the storage yard shall meet the same standards required of the wall or fence. Any damage to walls, fences or gates which allows unauthorized access must be repaired within twenty- four hours.

4.21.4 The vehicle storage facility shall have adequate lighting, and comply with all applicable building codes, zoning regulations, environmental laws and

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regulations, and any and all the applicable laws, rules and regulations established by federal, state, county and/or city governments.

4.21.5 Contractor shall not perform any work in the vehicle storage facility upon any vehicle stored or impounded by the Department without first obtaining authorization from the Department and the registered owner of the vehicle.

4.21.6 Contractor shall not dispose of any impounded vehicle, through any process whatsoever, without first obtaining authorization from the Department.

Nothing herein shall be deemed to prevent or prohibit Contractor from commencing the lien sale process on any such impounded vehicle.

4.21.7 The Contractor must install and maintain a continuously recording video surveillance system, as approved by the Chief of Police or their designee.

This system shall, at the minimum, monitor the entirety of indoor and outdoor vehicle storage lots, any points of ingress or egress to the establishment, and all locations within the establishment open to the public.

Signage notifying the public of the presence of video surveillance at these locations shall be installed at all points of ingress. Images captured by the surveillance system shall be retained for a period of no less than thirty (30) days and must be made accessible to the Chief of Police or their designee upon request. Copies of footage shall be made available to the Chief of Police or his designee no later than two (2) business days after a request for the footage is made.

4.21.8 Throughout the term of this Agreement, Contractor shall maintain all offices, storage facilities and equipment in a neat, clean and organized manner.

4.21.9 All Contractor’s records, equipment, and storage facilities will be subject to periodic checks by the Department or other City investigators during normal business hours. Contractor shall provide access to employees of City at any time during normal business hours, for the purpose of inspection or audit to determine that the objectives and conditions of this Agreement are being fulfilled.

4.22 Reports and Records

4.22.1 Accounting Records: Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and to enable the City to evaluate the performance of such Services. The City 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.

4.22.2 Reports: Contractor shall periodically prepare and submit to the City such reports concerning the performance of the Services required by this Agreement, or as the City shall require.

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4.22.3 Ownership of Documents: All reports, records, documents, memoranda, correspondence, computations, and other materials prepared by Contractor, its employees, subcontractors, 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 City or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership of the documents and materials. Any use of such completed documents for other projects and/or use of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages.

Contractor may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the concepts embodied in this Agreement. Contractor shall ensure that all its subcontractors shall provide for assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such assignment, Contractor shall indemnify City for all resulting damages.

4.22.4 Release of Documents. All reports, records, documents, and other materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly without the prior written approval of the City. All information gained by Contractor in the performance of this Agreement shall be considered confidential and shall not be released by Contractor without City’s prior written authorization.

4.22.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and 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.

4.22.6 Contractor shall comply with the following specific requirements relating to reports and records of its tow services:
a. Contractor shall record and log the time each call is received, the time of dispatch, the time of arrival, and the time in or of the end of service on every tow truck assignment Such records shall be submitted electronically with the monthly VTACR Fee payment, and available and open to City examination.
b. Contractor shall maintain at its place of business, complete and accurate records of all tow services furnished under this Agreement, including a description of all vehicles towed, impounded, or stored at the request of the Department, the nature of services performed with respect to each tow for each towing assignment, and the itemized charges accrued on each vehicle for towing and storage.

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4.22.7 Record systems must provide for immediate access, upon inquiry by the Department, to the following information.
a. Locate vehicle from the Department record number;
b. Locate vehicle from license number only
c. Locate vehicle from make, color, date, and location of impound. d. Date of filing all lien sale documents with DMV.

4.22.8 Contractor shall submit a monthly report to the Chief of Police and Finance Director, which shall include the following information a. Total Department impounds and storages;
b. Number of times dispatched by the Department;
c. Number of calls for service resulting in impounds;
d. Number of vehicles sold on lien sale under authority of Civil Code Section 3072, and as that law may be amended from time to time; e. Number of vehicles sold on lien sale under authority of Civil Code Section 3073, and as that law may be amended from time to time; f. Certification of (a) the availability of the names and addresses of buyers sand description of vehicles when sold and (b) that such names, addresses, and descriptions are available for inspection by the Chief of Police and the Finance Director; and
g. Number of calls for service answered in which time beyond one hour was required to be handled.

4.23 Liens and Disposals

4.23.1 Contractor shall provide the Department with a list of unclaimed vehicles thirty (30) days before they are scheduled to be disposed of or sold. On or before the 10th day of each month, Contractor shall furnish to the Department a list of all vehicles that have been sold at lien sales during the previous month, and date of the action. The list shall include the vehicle owner’s name, address, vehicle make, year and model, license number, VIN number, and Department record number. Copies of all lien sale documents shall be resubmitted with such list. The documents shall be dated and include all charges imposed on each sale.

4.23.2 Contractor shall abide by all federal, state, and local laws pertaining to the disposal of unclaimed vehicles and shall not use any vehicle stored or impounded as a result of tow ordered by the Department for any purpose except as expressly authorized under this Agreement.

4.24 Performance

4.24.1 Contractor shall perform the services required under this Agreement in an ethical, professional, and orderly manner and shall endeavor to obtain and keep the confidence of the motoring public.

4.24.2 Contractor’s performance of all terms and conditions set forth herein shall

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be monitored and verified by the Supervisor or Sergeant of the Department’s Traffic Division.

4.24.3 Contractor acknowledges and agrees that the minimum performance standards required under this Agreement shall include the performance standards described in the SOQ, but not be limited to, the following; a. Timely payment to City of VTACR Fee
b. Contractor shall provide payment to the City by the 10th day of each month, for the preceding month tows for all vehicle impound subject to the Vehicle Towing Administrative Cost Recovery fee.
c. Contractor shall include with each VTACR payment both a paper and electronic report of all the preceding months tows in which they collected the VTACR fee, in a format approved by the Department. d. VTACR payment and report shall be provided to the following departments: Police
i. Timely submission of all required monthly reports.
ii. No more than three (3) “passes” on tow assignments within single calendar month.
iii. The ability to maintain an average response time of fifteen (15) minutes or less.
iv. Successful re-inspection of equipment and facilities. v. Maintenance of an error rate of less than ten (10) percent on tow invoices, as determined by a random audit of thirty (30) tow invoices.
vi. A complaint ratio involving incidents of misconduct as provided in Section 7.11 of this Agreement of not more than one (1) percent of all tow requests.

4.25. Inspection

4.25.1 Contractor acknowledges a requirement to pass one (1) annual inspection of all tow trucks utilized on Department rotation calls, in order to qualify for participation in the term of the Agreement.

4.25.2 Department may conduct additional inspections without notice during normal business hours.

4.25.3 Contractor’s operator shall not dispatch any tow truck which has not been inspected and approved by the Department.

4.25.4 The Department shall inspect a tow truck within thirty (30) days of a request from an operator prior to use in the Rotation Tow Program.

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4.25.5 The intent of the inspections is to ensure Contractor is involved in an ongoing safety maintenance program for their tow trucks. The annual inspection is not intended to find out what needs to be repaired/replaced on Contractor’s tow trucks. A tow truck responding to a Department call shall be properly equipped and operating in a safe condition.

4.25.6 Contractor shall be provided with written notification of the failure/denial of any tow truck or equipment and allowed a hearing upon request to the Department.

4.25.7 All of the equipment listed on an operator’s CHP 234A shall be accounted for during the annual inspection.

4.25.8 Contractor shall provide a current copy of their California Air Resource Board Certificate of Reported Compliance Truck and Bus Regulation commencing July 1, 2020.

4.26 Special Equipment

4.26.1 To properly and safely tow, service, or recover the wide variety of vehicles being operated on the highway, a towing procedure may require the use of special equipment specifically designed for the purpose. This special equipment shall be listed on the Contractor’s CHP 234A and should be used when appropriate.

4.26.2 All special equipment listed on the CHP 234A shall be accounted for during the annual inspection, as well as when additional equipment is added.

4.26.3 Any special equipment, which requires certification/inspection of the equipment and/or operator (e.g., cranes, forklifts), the applicable and current certification/inspection document shall be provided to the California Highway Patrol Area office at the time of enrollment or as equipment, is added by an operator.

4.27 Risk

4.27.1 Contractor assumes all risk in the event of damage, theft, fire, or otherwise, of the vehicles or any other property towed, impounded, or stored by Contractor, its employees or agents.

4.27.2 Notwithstanding any other term or condition herein, in responding to a call from the Department, Contractor shall have no claim whatsoever against City or any right to recover from City for the cost of any of the services it renders in the performance of this Agreement. Contractor shall look solely and exclusively to the owner of the vehicle, towed, impounded, or stored, for payment of the services provided by the Contractor.

4.27.3 Contractor shall assume the entire risk of nonpayment of any service charges incurred pursuant to this Agreement.

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4.28 Insolvency
Contractor shall not, without the prior written consent of the Chief of Police, suffer either the appointment of a receiver to take possession of all or substantially all of the assets of Contractor or make a general assignment of such assets for the benefit of creditors. Any such action taken or suffered by Contractor under any insolvency or bankruptcy proceeding constitutes a breach of contract by Contractor and all property assigned by City for safe care shall be “released” to another assigned service provider, as specified by the Chief of Police or his or her designee, with a reimbursement for towing, storage, and related fees borne by the service provider assuming the new responsibility

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SECTION 5 – STATEMENT OF QUALIFICATIONS FORMAT AND

ORGANIZATION

5.1. Statement of Qualifications Requirements:

The firm’s statement of qualifications should describe the methodology to be used to accomplish the project objectives. The statement of qualifications should also describe the work which shall be necessary in order to satisfactorily complete the described requirements.

5.2. Statement of Qualifications Format:

Firms are requested to format their statements of qualifications so that responses correspond directly to, and are identified with, the specific evaluation criteria stated in Section 6 below. The statements of qualifications must be in an 8 ½ X 11 format, minimum 10pt font size, minimum ¾” margins, and may be no more than a total of 30 electronic pages, including cover letters, organization charts, staff resumes, and appendices. NOTE: Front and Back Covers, Dividers, Attachment’s “A”, “B”, “C”, “D” and “E” and Addenda acknowledgment do NOT count toward the limit (everything else does).

5.3. Statement of Qualifications Content:

A. Responders must provide the information identified below. All such information shall be presented in a format that directly corresponds to the numbering scheme identified here.

B. Each statement of qualifications package must include one separate electronic file as follows:

The “Statement of Qualifications”, shall include the following items:

Statement of Qualifications: The statement of qualifications shall be clearly marked as per the instructions above and shall include the Sections A, B, C, D and E below:

Section A: Facilities, Equipment and Personnel
A.1 Facilities. Give the address of your firm’s tow yard in or within ten (10 miles of the corporate city limits of the city of Palm Springs. For purposes of measuring the ten (10) miles,
distance shall be measured in driving distance. Include the capacity (size) of your storage area; describe the enclosure, i.e., paved, locks, length and height of fences, hours of operation, etc.

Indicate your facility’s compliance with or deviation from applicable City zoning codes. If you operate from other locations (s), state the location(s). Provide the location and capacity of any secondary storage facilities.

A.2 Equipment. Identify in detail each vehicle and all related equipment that your firm would utilize in the City’s rotations tow program.

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A.3 References. Include a minimum of three references on the form provided of recent customers for whom your firm has provided similar services as contemplated herein and include it with the forms section of your proposal. In addition to the form, in this section of your proposal please provide any additional information that would explain in more detail the work undertaken with the references provided and any other material information you would like the City to know about your work for that reference that is relevant to the work described in this RFQ.

A.4 Personnel. Identify all personnel that will provide services under the City’s rotational tow program. Include all drivers, supervisors and office personnel. Provide a Form 234F for each driver that will perform services for the City’s rotational tow program.

A.5 Identify the Responders recruitment, hiring, training, and customer service practices.Section B: Staff, Teams (including any subcontractors) qualifications and experience including References B.1 Staffing. The Responders shall provide a description of how they plan to staff the project, including any local hires that they would need to make or local partnerships that they would need to establish to ensure successful implementation.

B.2. List the name and qualifications of the key staff/team members that will be assigned to the Project. Provide detailed qualifications of the Project Manager that will be assigned to the Project.

B.3. Discuss your organizational structure and your management system.

B.4 The Responders shall identify any ongoing program(s) to identify substance abuse, in accordance with the Department of
Transportation (DOT) Employee Testing Act of 1991.

B.5 Provide in detail a description of the industry experience of your key management personnel.

B.6 Responders shall provide a brief history of the firm in the towing industry.

Section C: Demonstrated understanding of the overall project and requested scope of work
C.1 Proposed Approach for Implementing the Scope of Work. Please describe how you would approach the Scope of Work for the City of Palm Springs. This would include how you would address or enhance the tasks in the Scope of Work and how you would partner with the City to implement the service.

C.2 Anything else the City should consider as part of this process.

Responders should provide any insights or advice they feel may assist the City in implementing the Scope of Work.

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C.3 Identify any “key” or “critical” issues that you believe may be encountered based on the firm’s prior experiences; and provide steps to be taken to ensure the issues identified do not affect the successful delivery of the service.

Section D: Financial and Organization Stability
D.1 Provide evidence of the financial stability of your firm.

D.2 Identify the Responders capability of securing financing for facilities, equipment, personnel, or other resources.

D.3 Provide evidence of Responders credit worthiness (i.e. credit report).

D.4 Identify your vehicle replacement policy, the age of your current equipment and your plans for acquisition of new and or
replacement equipment.

D.5 Adequacy of Business Records: Responder shall identify how your firm will (provide samples of all such documentation outlined below with your Statement of Qualifications):
a. Track the status of all vehicles towed for the City through the rotational tow program;
b. Report the status of all such towed vehicles to the City, when requested to do so;
c. Keep track of gross receipts received through participation in the City’s rotational tow program;
d. Keep track of information related to lien sales.

D.7 Provide certificates of insurance evidencing the insurance coverages carried by Responder.

D.8 Identify the procedures, the staff and other resources and the training your firm has with performing vehicle abatement services.

Section E: Successful Completion of Similar Service Arrangements.

E.1 Identify the years of experience that you have as an official police tow services provide or a municipal service provider.

E.2 List any contracts your firm currently has, or has had in the recent past (last 5 years), similar to the City’s requirements. Give the name and current phone number of a contact person for each reference.

E.3 State any complaints your firm has received within the past two year, or the absence thereof (include equipment violations, inspection citations, etc.)
E.4 Indicate whether or not you have ever been suspended or terminated from a towing program operated by another government agency for any reason.

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E.5 Identify your prior experience performing abandoned vehicle abatement services for public agencies.

Section F: Safety Record
F.1 Describe your firm’s safety policies and all safety training provided to your employees.

F.2 State any safety violations or incidents occurring within the past three years and how they were resolved.
a. Also, state any citations on vehicles owned/operated by your firm. Indicated whether or not you have ever been suspended from towing by another government agency for safety violation(s). If so, supply the date and describe the violations and or incident(s).

Section G: Local Preference
G.1 List all team members with local expertise. Clearly define their role in the overall project.

Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding contracts for services, including consultant services, preference to a Local Business shall be given whenever practicable and to the extent consistent with the law and interests of the public. The term “Local Business” is defined as a vendor, contractor, or consultant who has a valid physical business address located within the Coachella Valley, at least six months prior to bid or statement of qualifications opening date, from which the vendor, contractor, or consultant operates or performs business on a day-to-day basis and holds a valid business license by a jurisdiction located in the Coachella Valley. “Coachella Valley” is defined as the area between the Salton Sea on the south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino Mountains on the east and north. For the purposes of this definition, “Coachella Valley” includes the cities of Beaumont and Banning and the unincorporated areas between Banning and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the purpose of establishing such physical address.

The Responder will also, to the extent legally possible, solicit applications for employment and statements of qualifications for subcontractors and subconsultants for work associated with the proposed contract from local residents and firms as opportunities occur and hire qualified local residents and firms whenever feasible.

In order for a business to be eligible to claim the preference, the business MUST request the preference in the Solicitation response (see Attachment A) and provide a copy of its current business license (or of those it employs for this project) from a jurisdiction in the Coachella Valley. A non-local business that

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requests the preference based on employing local residents must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with the statement of qualifications. The City reserves the right to determine eligibility.

Section H: Forms: - Please include the following completed forms with your statement of qualifications
a. Completed Signature authorization and Addenda
Acknowledgment (see Attachment A)
b. If applicable, your specific request for Local Preference (reference Attachment A) and a copy of a valid business license from a jurisdiction in the Coachella Valley.
c. Completed Affidavit of Non-Collusion (see Attachment B) d. Completed No Conflict of Interest and Non-Discrimination Form (Attachment C)
e. Completed Public Integrity Business Disclosure Form (Attachment D)
f. Complete the Reference form (Attachment E)
g. Complete the Executive Order N-6-22 Certification (Attachment F)

5.4. Submission of Statement of Qualifications:

One electronic file shall be uploaded to the PlanetBids vendor portal at the following link: https://pbsystem.planetbids.com/portal/47688/portal-home and then selecting the RFQ.

All submissions must be time and date stamped by the system as being received by the deadline. Late submissions will be rejected.

Statements of qualifications not meeting the above criteria may be found to be nonresponsive.

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SECTION 6 – STATEMENT OF QUALIFICATIONS EVALUATION

6.1. Evaluation of Statements of Qualifications:

This solicitation has been developed in the RFQ most qualified firm format.

Accordingly, firms should take note that multiple factors as identified in the RFQ will be considered by the Evaluation Committee to determine which statement of qualifications best meets the requirements set forth in the RFQ document.

An Evaluation Committee, using the following evaluation criteria for this RFQ, will evaluate all responsive statements of qualifications to this RFQ. Firms are requested to submit their statements of qualifications so that they correspond to and are identified with the following specific evaluation criteria (100 total points possible):

Criteria Points
Facilities, Equipment and Personnel 20
Staff / Team’s (including any subcontractors) Qualifications and experience in providing similar services as defined in the RFQ 20 Demonstrated Understanding of the overall project and requested Scope of Work
20 Financial and Organization Stability 10
Successful Completion of Similar Service Arrangements. 15 Safety Record 15
*Note: Firms that qualify as a Local Business, and submit a valid business license as more fully set forth in this RFQ, pursuant to the City of Palm Springs Local Preference Ordinance 1756). The full local preference, five points, may be awarded to those that qualify as a Local Business.

Prior City work - If your firm has prior experience working with the City do not assume this prior work is known to all members of the evaluation committee. All firms are evaluated on the information contained in their statement of qualifications, information obtained from references (including the city and past performance if applicable), and presentations if requested. All statements of qualifications should be prepared as if the evaluation committee members have no knowledge of the firm, their qualifications, or past projects.

Interviews – The City reserves the right to interview top ranking proposers. If interviews are required, the proposers invited to interview will be notified in advance and provided a format and time for the interviews. An additional 25 points will be used to score the interview based on the same criteria listed in the RFQ. The 25 points will be prorated in the same proportion as the proposal scoring listed in the table above.

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6.2. Selection Process and Award of Contract:

Selection will be made by totaling the points for the statements of qualifications and interviews if required. The Responder(s) with the highest number of points will be asked to submit a cost proposal for negotiation of a fair and reasonable price and if successful will be recommended for award of the contract. If the negotiations are not successful, the process may continue with the next highest ranked Responder. The City reserves the right to negotiate the terms and conditions of any resulting contract.

Final contract award, if any, will be made by the Palm Springs City Council or City Manager depending on value. The selected firm will be required to comply with all insurance and license requirements of the City.

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SECTION 7 – RFQ FORMS
ATTACHMENT “A”- Signature Authorization Form, including Addenda acknowledgment. Must be completed and included with the statement of qualifications.

ATTACHMENT “B” - Non-Collusion Affidavit Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “C” – No Conflict of Interest and Non-Discrimination Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “D” – Business Disclosure Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “E” – Reference Form. Must be completed and included with the statement of qualifications.

ATTACHMENT “F” - Executive Order N-6-22 Certification *Must be completed for state funded work and submitted with the statement of qualifications.

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ATTACHMENT “A”

SIGNATURE AUTHORIZATION
REQUESTS FOR QUALIFICATIONS (RFQ 04-26)

OFFICIAL POLICE TOWING AND STORAGE SERVICES
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFICATIONS
NAME OF COMPANY(RESPONDER):
________________________________________________________________________ BUSINESS ADDRESS:_____________________________________________________ ________________________________________________________________________ TELEPHONE: ______________CELL PHONE___________ ___FAX______________ CONTACT PERSON____________________EMAIL ADDRESS____________________ A. I hereby certify that I have the authority to submit this Statement of Qualifications to the City of Palm Springs for the above listed individual or company. I certify that I have the authority to bind myself/this company in a contract should I be successful in my Statement of Qualifications.
____________________________________________________

PRINTED NAME AND TITLE
____________________________________________________

SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a company. Place check marks as appropriate:

1. If successful, the contract language should refer to me/my company as:
____ An individual;
____ A partnership, Partners’ names:

____ A company;
____ A corporation If a corporation, organized in the state of: __________

2. My tax identification number is: ___________________________________ C. Please check below IF your firm qualifies as a Local Business as defined in the RFQ:
____ A Local Business (licensed within the jurisdiction of the Coachella Valley).

Copy of current business license is required to be attached to this document.

D. ADDENDA ACKNOWLEDGMENT:

Acknowledgment of Receipt of any Addenda issued by the City for this RFQ is required by including the acknowledgment with your statement of qualifications. Failure to acknowledge the Addenda issued may result in your statement of qualifications being deemed non-responsive.

In the space provided below, please acknowledge receipt of each Addenda:

Addendum(s) # _______________ is/are hereby acknowledged.

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ATTACHMENT “B”

NON-COLLUSION AFFIDAVIT
REQUESTS FOR QUALIFICATIONS (RFQ 04-26)

OFFICIAL POLICE TOWING AND STORAGE SERVICES
*THIS FORM MUST BE COMPLETED EXECUTED BY RESPONDER AND SUBMITTED

WITH YOUR STATEMENT OF QUALIFICATIONS
The undersigned, deposes and says that he or she is
of ,
the party making the foregoing Statement of Qualifications. That the Statement of Qualifications is not made in the interests of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Statement of Qualifications is genuine and not collusive or sham; that the Responder has not directly or indirectly induced or solicited any other Responder to put in a false or sham Responder, and has not directly or indirectly colluded, conspired, connived, or agreed with any Responder or anyone else to put in a sham Statement of Qualifications, or that anyone shall refrain from Responding; that the Responder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the future Cost Proposal price of the Responder or any other Responder, or to fix any overhead, profit, or cost element of the future Cost Proposal price, or of that of any other Responder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Statement of Qualifications are true; and, further, that the Responder has not, directly or indirectly, submitted his or her Statement of Qualifications or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, or any other member or agent thereof to effectuate a collusive or sham Statement of Qualifications.

Signature:______________________________________________ Title: _____________________________________________
Date: ______________________

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ATTACHMENT “C”

CITY OF PALM SPRINGS, CA

CONFLICT OF INTEREST AND NON-DISCRIMINATION CERTIFICATION REQUESTS FOR QUALIFICATIONS (RFQ 04-26)

OFFICIAL POLICE TOWING AND STORAGE SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR REQUEST FOR

QUALIFICATIONS
Conflict of Interest. Responder acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement, nor shall Responder enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter. Responder warrants that Responder 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.

Covenant Against Discrimination. In connection with its performance under the Agreement, Responder 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, Responder certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Responder 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 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

NAME OF RESPONDER: ________________________________________ NAME and TITLE of Authorized Representative:
(Print) ______________________________________________________________ Signature and Date of Authorized Representative:
(Sign) ____________________________________________ (Date) ________________

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ATTACHMENT “D”

CITY OF PALM SPRINGS

PUBLIC INTEGRITY DISCLOSURE
(INSTRUCTIONS FOR APPLICANTS)
REQUEST FOR QUALIFICATIONS (RFQ 04-26)

OFFICIAL POLICE TOWING AND STORAGE SERVICES

THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR STATEMENT OF

QUALIFCATIONS
Who Must File?
Applicants that are NOT a natural person or group of natural people that will be identified on the application and seek a City approval determined by a vote of City officials. Examples include corporations, limited liability companies, trusts, etc. that seek a City Council approval, or an approval by one of the City’s board or commissions.

Why Must I File?
The City of Palm Springs Public Integrity Ordinance advances transparency in municipal government and assists public officials in avoiding conflicts of interest. The City’s Public Integrity Ordinance, codified in Chapter 2.60 of the municipal code, reflects the City’s interest in ensuring that companies (and other legal entities that are not natural people) doing business in the community are transparent and make disclosure as to their ownership and management, and further that those companies disclose the identity of any person, with an ownership interest worth two thousand dollars ($2,000) or more, who has a material financial relationship with any elected or appointed voting City official, or with the City Manager or City Attorney.

Note: A material financial relationship is a relationship between someone who is an owner/investor in the applicant entity and a voting official (or the City Manager or City Attorney), which relationship includes any of the following:
(1) the owner/investor and the official have done business together during the year prior to the application;
(2) the official has earned income from the owner/investor during the year prior to the filing of the application;
(3) the owner/investor has given the official gifts worth fifty dollars ($50) or more during the year prior to the filing of the application; or
(4) the official might reasonably be anticipated to gain or lose money or a thing of value, based upon the owner/investor’s interest in the applicant entity, in relation to the application’s outcome.

When Must I File?
You must file this form with the Office of the City Clerk at the same time when you file your application for a City approval determined by a vote of City officials, whether elected or appointed.

What Must I Disclose?

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A. The names of all natural persons who are officers, directors, members, managers, trustees, and other fiduciaries serving trusts or other types of organizations (attorneys, accountants, etc.).

Note: (1) only trusts or other organizations that are not the fiduciaries, (2) if a second entity that is not a natural person serves the applicant entity (e.g., as a member of an applicant LLC), then all officers, directors, members, managers, trustees, etc., of the second entity must be disclosed).

B. The names of persons owning an interest with a value of two thousand dollars ($2,000) or more who have a material financial relationship with an elected or appointed City official who will vote on the applicant’s application, or with the City Manager or City Attorney.

What if I Have Questions?

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.
*There are some additional supplementary instructions with an example following the form should you need further clarification.

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PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principal Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust, or other entity
________________________ F Officer F Director F Member F Manager
[name] F General Partner F Limited Partner
FOther
___________________________
_______________________________ F Officer F Director F Member F Manager [name] F General Partner F Limited Partner
F Other
__________________________
________________________________ F Officer F Director F Member F Manager

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[name] F General Partner F Limited Partner
F Other
__________________________

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

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City of Palm Springs, CA.

Business Disclosure Supplementary Instructions
In an effort to ensure we capture the required business entity information in accordance with the attached instructions, we provide you these supplementary instructions to clearly identify the required information, and the format the information should be provided.

If you, as the applicant, are a business entity (i.e. a corporation or limited liability company), and it is also comprised of other business entities as its members or having a financial interest, all other such business entities must also be disclosed, including those entities other business entities, if any.

Ultimately, the City’s disclosure document (attached) requires a listing identifying all natural persons having any financial interest over 5% of the business entities (and any other business entities comprising your business entity).

As an example, Applicant is: Acme Brothers, Inc., a California corporation, whose officers are:

John Doe, Jill Doe, and Jay Doe, which is owned 50% by Acme Brothers, LLC, a California limited liability company, and John Doe (25% interest) and Jill Doe (25% interest). Acme Brothers, LLC, is managed by Acme Brothers 2, Inc., a California corporation, whose officers are: George Doe, Bill Doe, and Jane Doe, which is owned 100% by Acme Brothers 2, LLC, a California limited liability company, which is managed by George Doe, with George Doe and Jane Doe having 50% interest each.

The full business entity disclosure in this example would resemble the following:

1. Acme Brothers, Inc., a California corporation
a. Officers: John Doe, Jill Doe, and Jay Doe
b. Ownership:
i. 50% Acme Brothers, LLC, a California limited liability company ii. 25% John Doe
iii. 25% Jill Doe

2. Acme Brothers, LLC, a California limited liability company a. Managers: Acme Brothers 2, Inc., a California corporation b. Ownership: 100% Acme Brothers 2, Inc., a California corporation

3. Acme Brothers 2, Inc., a California corporation
a. Officers: George Doe, Bill Doe, and Jane Doe
b. Ownership: 100% Acme Brothers 2, LLC, a California limited liability company

4. Acme Brothers 2, LLC, a California limited liability company a. Managers: George Doe
b. Ownership:
i. 50%

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ATTACHMENT “E”

REFERENCES
REQUESTS FOR QUALIFICATIONS (RFQ 04-26)

OFFICIAL POLICE TOWING AND STORAGE SERVICES
Reference 1
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 2
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

Reference 3
Organization name: Contact and title:

Address: Phone number:

Email Address:

Effective date of contract: Value of Contract:

Description of products/services provided:

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ATTACHMENT “F”
EXECUTIVE ORDER N-6-22 CERTIFICATION
REQUESTS FOR QUALIFICATIONS (RFQ 04-26)

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:______________________________________

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SECTION 8 – SAMPLE AGREEMENT

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CITY OF PALM SPRINGS

OFFICIAL POLICE TOW SERVICE AGREEMENT

THIS OFFICIAL POLICE TOWING AND STORAGE SERVICE AGREEMENT (the “Agreement”) is made and entered into on this day of __________, 2025 by and between the City of Palm Springs, a California charter city and municipal corporation, (hereinafter referred to as “City”), and
(hereinafter referred to as “Contractor”). Any reference in this Agreement to the “Department” shall be deemed to refer to the Palm Springs Police Department.

RECITALS
A. Pursuant to Chapter 11.82 of the Palm Springs Municipal Code, as now or hereafter amended (the “Tow Ordinance”), City’s Police Department requires the aid and assistance of towing services on a regular basis in the performance of its emergency response and traffic control duties, including response to and the investigation of vehicular accidents.

B. As a means for providing the necessary towing service, City has approved the use of one or more towing service companies who have agreed to contract with City to provide the requisite towing service pursuant to the requirements and performance criteria established by the Tow Ordinance, the City’s Police Department, the terms and conditions contained herein and in the City of Palm Springs Request for Statements of Qualifications (RFQ 22-25) for Towing and Storage of Vehicles, as requested by the Department.

C. Official police tow services provider means a towing company selected by the Department to be used on-call and on a rotational basis for any police emergency or response situation where the use of a tow truck is required.

D. In order for the Contractor to perform as a towing services company for City, the towing service company must enter into a contractual agreement with City and must be designated by City as a towing services company.

E. Contractor owns or leases tow trucks and employs personnel that are capable of providing the desired vehicle towing and storage services to City.

F. City desires to designate Contractor and Contractor desires to accept and be designated by City, as an independent towing services company, for purposes of providing police towing and vehicle impound and storage services for City, pursuant to the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the mutual promises, covenants, and conditions contained herein, City and Contractor agree as follows:

AGREEMENT
The Agreement between the parties hereto shall consist of the following: (1) this Agreement; (2) the City of Palm Springs Request for Statements of Qualifications (RFQ 22- 25) for Towing and Storage of Vehicles as Requested by the Palm Springs Police Department (“SOQ”), including all addenda issued related thereto; and, (3) the signed,

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original Statement of Qualifications submitted (“Submittal”) by Contractor in response to the SOQ, which shall all be referred to collectively hereinafter as the “Contract Documents.” The SOQ and signed submittal are both hereby incorporated by reference and are made part of this Agreement as though fully set forth herein. All provisions of the SOQ and the Submittal shall be binding on the parties. Should any inconsistency or ambiguity occur or exist in the Contract Documents, the provisions of the Agreement, then the provisions of the SOQ, then the provisions of the Submittal shall control. To ensure the efficient performance of police towing services for the Department, Contractor hereby agrees to the following service provider requirements, specifications, performance criteria, and terms and conditions:

1.0 DEFINITIONS
For purposes of this Agreement, the following words and phrases have the meanings ascribed to them unless the context otherwise requires:
“Administrative cost” means all direct and indirect costs associated with the administration of the provisions of the Tow Ordinance and any agreement entered into pursuant thereto. “Attendant” or “provider” means a trained and/or qualified individual responsible for the operation of a tow truck or vehicle storage facility.
“Contractor” means the Official Police Tow Services Provider under contract with the City pursuant to this Agreement.
“Hearing Officer” means the Chief of Police or a designee of the Chief of Police designated by the Chief of Police to hear any appeal or conduct a hearing pursuant to the provisions of the Tow Ordinance.
“Non-consensual vehicle towing” means towing service:

1. Ordered or requested by the City’s police department or other City employees who are duly authorized by law to remove, impound, or store vehicles.

2. Done without the vehicle owner’s or operator’s knowledge, consent, or authorization, regardless of whether the vehicle is on public or private property. Examples include, but are not limited to, a vehicle for which registration is at least six months past due, or a vehicle driven by persons who are not licensed for that particular class of vehicle, or when an owner or an operator:
a. Is arrested, detained, incapacitated, or physically unable to drive the vehicle, or b. Fails to either designate or express a preference for a particular towing company. “Official police tow services provider” means a towing company having a contractual relationship with the City of Palm Springs to provide towing services to the Police Department.
“Operator” means a person who is lawfully entitled to possession of a vehicle. The term includes the owner’s agent.
“Owner” has the same meaning as that that term is defined in Vehicle Code Section 460, or any successor legislation. The term includes the owner’s agent.

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“Person” means an individual, company, firm, association, trust, estate, partnership, corporation, limited liability company, or an entity, however organized. “Police Chief” means the Chief of Police for the City of Palm Springs, or the designee of the Chief of Police.
“Recovery” refers to responding to a vehicle, which is overturned, down an embankment, or otherwise not upright on its wheels.
“Response time” means the elapsed time between the relaying of the tow service request to the Contractor and arrival of the appropriate tow vehicle on the scene. “Tow truck” is a motor vehicle which has been altered or designed and equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, or dolly, or is otherwise exclusively used to render assistance to other vehicles. “Towed” means a vehicle hauled, pulled, or transported by a tow truck. “Towing service” means roadside assistance, towing, storing, lien-selling, or related operation for a damaged, inoperative, abandoned, stolen, recovered, or illegally parked vehicle.
“Vehicle” has the same meaning as that term is defined in California Vehicle Code Section 670, or any successor legislation. A “stored vehicle” or “impounded vehicle” is any vehicle removed from a site and taken to the tow yard at the direction of a Police Department employee and for which a Vehicle Report (currently, CHP form is provided to the Official Police Tow service provider).

2.0 COORDINATION OF WORK

2.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the Services to be performed under this Agreement: [INSERT NAME],
[INSERT TITLE]. 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 Contractor and devoting sufficient time to personally supervise the services performed hereunder.

The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

2.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services.

Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

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2.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability, expertise, and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter into this Agreement.

Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not contract with any other entity to perform the Services required under this Agreement without the prior written consent of City.

If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will deal directly with and will make all payments to Contractor. In addition, neither this Agreement nor any interest in this Agreement 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 in this Agreement 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 Contractor, 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 Contractor or any surety of Contractor from any liability under this Agreement without the express written consent of City.

2.4 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing shall be deemed to make Contractor a City employee. The following additional provisions shall apply:

2.4.1 During the performance of this Agreement, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this Agreement. Contractor, 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 Contractor’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service. Contractor 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 Contractor in its business or otherwise a joint venture or a member of any joint enterprise with Contractor.

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2.4.2 Contractor shall not have any authority to bind City in any manner. This includes the power to incur any debt, obligation, or liability against City.

2.4.3 No City benefits shall be available to Contractor, its officers, employees, or agents in connection with any performance under this Agreement. Except for professional fees paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of performing Services. If for any reason any court or governmental agency determines that the City has financial obligations as otherwise provided for in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, servants, representatives, subcontractors, or agents, Contractor shall indemnify City for all such financial obligations.

3. INSURANCE

3.1 Contractor shall procure and maintain, at its sole cost and expense, the insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions, unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under this Agreement, including Contractor's 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 of loss to the City, the Contractor 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. Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified in this Agreement.

All insurance provided under this Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be as follows:

3.0.1 Commercial Business Automobile Liability, as required by Vehicle Code Section 16500.5. Such coverage must cover all owned, hired, and non-owned vehicles, including leased and rented vehicles. If Contractor does not own any vehicles, this requirement may be satisfied by a non- owned vehicle endorsement to the CGL and Umbrella/Excess policies. The coverage shall include bodily injury and property damage, with a combined single limit of not less than $1,000,000 per occurrence (Combined single limit each accident for bodily injury and property damage). These minimum standards are to include non-owned and hired auto coverage.

3.0.2 Uninsured Motorist, with a combined single limit of not less than the legal minimum.

3.0.3 On-Hook Coverage / Garage Keepers Legal Liability insuring the vehicle in tow, with not less than the following limits based on the size of the tow truck:

A. Class A tow truck $100,000
B. Class B tow truck $100,000

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3.0.4 Garage Liability Insurance, including premises and operations coverage for bodily injury and property damage with a combined single limit of not less than $500,000.

3.0.5 Garage Keepers Liability, in an amount not less than the amounts required for On-Hook coverage for vehicles in the care, custody, and control of Contractor in the storage yard.

3.0.6 Workers’ Compensation (Statutory) and Employer’s Liability Insurance.

Contractor shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state and federal acts or laws applicable; and shall indemnify, defend, and hold
harmless City and its Council Members, officers, employees, and agents from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including attorneys’ fees and costs incurred by City or presented, brought, or recovered against City, its Council Members, officers, employees, and agents, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by Contractor under this Agreement.

Contractor 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. Contractor 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 subcontractors, if any, to do likewise under their workers’ compensation insurance policies. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3.0.7 Commercial General Liability Insurance (CGL): Contractor 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 contractors, broad form property damage, products and completed operations.

3.0.8 Employer Liability Insurance: Contractor 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.

3.0.9 Those tow truck operators removing a vehicle from a hazardous materials incident to the nearest reasonable and safe stopping location will be considered to be transporting property subject to normal minimum insurance

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requirements of Section 34631.5 of the Vehicle Code.

3.1 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager or his/her designee prior to commencing any work or services under this Agreement.

Contractor 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 or his/her designee may require evidence of pending claims and claims history as well as evidence of Contractor’s ability to pay claims for all deductible amounts and self-insured retentions proposed in excess of $10,000.

3.2 Other Insurance Requirements. The following provisions shall apply to the insurance policies required of Contractor under this Agreement:

3.2.1 For any claims related to this Agreement, Contractor’s coverage shall be primary insurance with respect to the 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 Contractor’s insurance and shall not contribute with it.

3.2.2 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.

3.2.3 All insurance coverage and limits provided by Contractor 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.

3.2.4 No required insurance coverages may include any limiting endorsement which substantially impairs the coverages set forth in this Agreement (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.

3.2.5 Contractor 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 the Project. It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided in this Agreement.

3.2.6 Contractor agrees to ensure that subcontractors, and any other parties

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involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor 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. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.

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

3.2.8 Contractor shall provide proof that policies of insurance required in this Agreement, 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.

3.2.9 Requirements of specific insurance coverage features or limits contained in this section are not intended as limitations on coverage, limits, or other requirements, or 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.

3.2.10 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 impair the provisions of this section.

3.2.11 Contractor agrees to provide immediate notice to City of any claim or loss against Contractor 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.

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

3.3 Sufficiency of Insurers. Insurance required in this Agreement shall be provided

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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.

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

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

1. "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).

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

3. "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.

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

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

4. BREACH OF CONTRACT

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Any of the following acts if committed by Contractor during the performance of this Agreement shall be considered a material breach of this Agreement:

4.0 Nonpayment of City any business license fees, VTACR fees, or any other fees required by this Agreement or the Palm Springs Municipal Code.

4.1 Failing to comply with any provision of this Agreement or breach of any rules, regulations, or conditions provided in this Agreement or the Palm Springs Municipal Code.

4.2 Violation of any federal, state or local law by Contractor, any person having any ownership interest in Contractor, or any employee of Contractor.

4.3 Failing to maintain a satisfactory level of service to the City or the public.

4.4 Failing to keep any vehicle towed at the request of the Department in safe condition and good repair.

4.5 Failing to use distinctive coloring, monogram, or insignia on the vehicle.

4.6 Any deviation from the schedule of rates set forth in this Agreement without prior approval of the Chief of Police.

4.7 Passing on, or refusing, for any reason, a tow assignment from the Department three or more times in any calendar month.

4.8 Allowing the insurance coverage required herein to either be withdrawn or lapse or to no longer be in force for any reason.

5. ACTS OR OMISSIONS OF REPRESENTATIVES
It is understood and agreed by the parties that the acts and/or omissions of the owner(s), officers, operators, officials, employees, agents, and representatives of Contractor in the performance of the services and obligations under this Agreement shall constitute the acts and/or omissions of Contractor.

6. ENFORCEMENT OF AGREEMENT

6.0 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 Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

6.1 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,

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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.

6.2 Default of Contractor. Contractor’s failure to comply with any provision of this Agreement shall constitute a default.

6.2.1 If the City Manager, or his designee, determines that Contractor is in default in the performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by rendering satisfactory performance. In the event Contractor 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. Contractor shall be liable for 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 shall limit City’s right to terminate this Agreement without cause under Section 5.3.

6.2.2 If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of the preceding subsection, take over the work and prosecute the same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the charges as otherwise allowed herein (provided that the City shall use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor 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 Contractor shall not limit Contractor’s liability for completion of the Services as provided in this Agreement.

6.3 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.

6.4 Rights and Remedies Cumulative. Except with respect to rights and remedies

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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.

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

6.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized by law, in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be the prevailing Party in such litigation or proceeding.

7. COMPLAINT PROCESS; TERMINATION FOR VERIFIED COMPLAINTS

7.1 Acknowledgement of Complaint Procedure. Contractor hereby acknowledges and agrees that its performance under this Agreement shall be subject to the City Police Department’s (the “Department”) internal complaint and grievance procedure (the “Complaint Procedure”), which permits members of the public to submit complaints concerning Contractor’s provision of towing and storage services.

7.2 Investigation and Recordkeeping. The Department shall have the sole discretion to receive, investigate, and evaluate complaints submitted under the Complaint Procedure. The Department shall maintain records of all complaints, including findings as to whether any complaint is determined to be verified and meritorious.

Contractor shall cooperate fully with any inquiry or investigation undertaken by the Department in connection with such complaints, including the production of records and the reasonable availability of personnel for interviews.

7.3 Grounds for Termination. The receipt of verified and meritorious complaints, in such number or nature as the Department reasonably determines evidences a pattern of misconduct, substandard performance, or other failure to comply with the terms of the Agreement or applicable law, shall constitute grounds for termination of this Agreement pursuant to Section 11.82.150 of the City of Palm Springs Municipal Code.

7.4 Reservation of Rights. Nothing herein shall be construed to limit or restrict the City’s authority under Section 11.82.150 of the City of Palm Springs Municipal Code, or any other provision of this Agreement, to suspend, revoke, or terminate this Agreement or to exercise any other remedy available at law or in equity.

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8. NOTICE
Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing. All notices 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. All notices 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 if by 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, and instant messages are not acceptable manners of notice required hereunder. Notices or other communications shall be addressed as follows:

To City: City of Palm Springs
Attention: City Manager & City
Clerk 3200 E. Tahquitz Canyon
Way Palm springs, California
92262 Telephone: (760)323-8204
Facsimile: (760) 323-8332
To Contractor: Name: _____________________________
Attention:

Address
Telephone: Facsimile:

9. CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION

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

9.1 Conflict of Interest. Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one year thereafter.

Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

9.2 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition

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(each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.05.02, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

10. SEVERABILITY
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to be invalid by a final judgment or decree of a court of competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

11. INTEGRATION
This Agreement constitutes the entire agreement between the Parties and supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or among the Parties with respect to the subject matter in this Agreement.

12. AMENDMENT
No modification, amendment, addition to, deletion, or alteration of the terms of this Agreement, whether written or oral, shall be valid unless made in writing and formally approved and executed by all parties.

13. NO WAIVER
No delay or omission in the exercise of any right or remedy available hereunder shall impair such right or remedy or be construed as a waiver. Any waiver of any default or condition hereunder must be in writing and shall not be construed as a waiver of any other default concerning the same or any other provision of this Agreement.

The waiver by City of any breach by Contractor of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach or default by Contractor either of the same or a different provision of this Agreement.

14. THIRD PARTY BENEFICIARIES
Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any

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rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

15. SUCCESSORS IN INTEREST
This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

16. CORPORATE AUTHORITY
Each of the undersigned represents and warrants that (i) the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which he or she is signing is bound.

17. EFFECTIVE DATE
The Effective Date of the Agreement shall be that which is entered at the top of the first page of this agreement, where upon both parties have fully executed the documents herein.

SIGNATURES ON NEXT PAGE

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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND [***INSERT CONTRACTOR’S NAME***]
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:
[***TWO SIGNATURES ARE ONLY REQUIRED FOR CORPORATIONS; IF CONSULTANT IS NOT A CORPORATION, DELETE SECOND SIGNATURE AND DATE LINE***] By: ____________________________ By: ________________________________ Signature Signature
(2nd signature required for Corporations)
Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – over $150,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES

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EXHIBIT “B”

SCHEDULE OF COMPENSATION

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

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

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

Signature:

Printed Name:

Title:

Firm Name:

Date:

P – Page 871 of 1320
ATTACHMENT "B"
[ Draft Resolution ]

P – Page 872 of 1320
RESOLUTION NO.
“A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, APPROVING THE

REQUEST FOR PROPOSALS/QUALIFICATIONS FOR THE

ROTATIONAL TOW PROGRAM, AUTHORIZING STAFF TO

ADVERTISE AND SOLICIT RESPONSES FOR THE PALM
SPRINGS POLICE DEPARTMENT.”
WHEREAS, the City of Palm Springs Police Department impounds and tows numerous and various vehicles removed from highways, public property, or private property in the city of Palm Springs during the normal course of duty; and
WHEREAS, the City of Palm Springs Police Department tows and/or impounds vehicles pursuant to authority under the California Vehicle Code; and WHEREAS, the City of Palm Springs Municipal Code 11.82.100 establishes a Vehicle Towing Administrative Cost Recovery (VTACR) fee charged to each tow company entering into an agreement with the City of Palm Springs; and WHEREAS, the VTACR Fee identified in the Request for Proposals/Qualifications is based on the actual and reasonable costs to the City, including administration and overhead, for administering the official police tow services providers' agreement and operating the vehicle towing program; and
WHEREAS, City of Palm Springs City Council adopted the VTACR Fee on March 14, 2024, setting the maximum allowable towing fees to be charged by each tow company entering into an agreement with the City of Palm Springs.

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL HEREBY FINDS AND DETERMINES THAT:

SECTION 1. Findings.
a. That City staff has prepared a Request for Proposals/Qualifications for the rotational tow program in accordance with Palm Springs Municipal Code 11.82. b. Palm Springs Municipal Code Section 11.82.060 “Selection process: regulates the methods by which the City can select contractors to provide tow services for the Police Department and are specifically outline in the Request for Proposals/Qualifications.

SECTION 2. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution.

SECTION 3. In accordance with Section 11.82.060 of the Palm Springs Municipal Code, the City Council hereby authorizes the solicitation and advertisement of the Request for Proposals/Qualifications (RFQ 04-26) for the rotational tow program for the Police Department.

P – Page 873 of 1320
Resolution No.

ADOPTED THIS 12th DAY OF MAY 2026.

Scott Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on May 12, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, City Clerk
City of Palm Springs, California

P – Page 874 of 1320

CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2026 PUBLIC HEARING
SUBJECT: REPORT OF EMPLOYEE VACANCIES AND RECRUITMENT AND RETENTION EFFORTS (AB 2561)
FROM: Scott C. Stiles, City Manager
BY: Stephanie George, Director of Human Resources
SUMMARY:

AB 2561 requires public agencies to hold at least one (1) public hearing per fiscal year to discuss vacancies and recruitment and retention efforts. This report discusses the legal obligations under the new law for the City of Palm Springs (“City”), which took effect January 1, 2025.

RECOMMENDATION:

Hold a public hearing and receive and file the annual report on the status of City vacancies, recruitment, and retention efforts, as required by Assembly Bill 2561.

BACKGROUND:

AB 2561 was introduced to address the issue of job vacancies in local government, which adversely affects the delivery of public services and employee workload. Among other requirements, the bill mandates that public agencies present the status of vacancies and recruitment and retention efforts during a public hearing before the agency’s governing body at least once per fiscal year. The bill was enacted into law and is codified at Government Code section 3502.3. The new law is effective January 1, 2025.

STAFF ANALYSIS:

In compliance with the new legal obligations, the City is required to do the following:

At least once each fiscal year, at a public hearing before the Palm Springs City Council, the City shall present information regarding the status of vacancies and recruitment and retention efforts (Gov. Code § 3502.3(a)(1)) and identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process (Gov. Code § 3502.3(a)(3)).

A – Page 875 of 1320
City Council Staff Report
May 12, 2026 -- Page 2
AB2561 Employee Vacancies And Recruitment And Retention Efforts

1. If the City adopts an annual or multiyear budget during the fiscal year, this presentation must occur prior to the City Council’s adoption of the final budget for the City. (Gov. Code § 3502.3(a)(2).)

2. Employee Organization Participation: Allow the recognized employee organization for each bargaining unit to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. There are six bargaining units at the City. (Gov. Code § 3502.3(b).)

3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide additional information during the public hearing, including the following: (1) the total number of vacancies; (2) the number of applicants; (3) the average time to fill positions; and (4) opportunities to improve compensation and working conditions for employees in the bargaining unit. (Gov.

Code § 3502.3(c).)
Authorized Positions and Status of Vacancies
There are 659.5 authorized full-time equivalent (“FTE”) positions included in the FY 2025/26 adopted budget. The positions are distributed amongst the following employee groups:
• General Unit - Teamsters – 277
• Management Unit - Management Association of Palm Springs (MAPS) – 128.5 • Fire Safety - Palm Springs Firefighters’ Association (PSFA) – 82 • Fire Management - Palm Springs Fire Management Association (PSFMA) – 6 • Police Safety - Palm Springs Police Officers’ Association (PSPOA) – 105 • Police Management - Palm Springs Police Management Association (PSPMA) – 6 • Unrepresented Group - Executive and Elected Group – 54 The following table reflects the City’s vacancy rates (by employee group) as of March 10, 2026. The Citywide vacancy rate is 9.7% which equates to 64.25 FTE vacant positions and is down from last years’ vacancy rate of 10.1%.

Bargaining Unit Allocated FTE Vacancies Vacancy Rate
General Unit 277 34.25 12%
Management Unit 128.5 17 13%
Fire Safety 82 4 5%
Fire Management 6 0 0%
Police Safety 105 6 6%
Police Management 6 0 0%
Unrepresented Group 54 3 6%

A – Page 876 of 1320
City Council Staff Report
May 12, 2026 -- Page 3
AB2561 Employee Vacancies And Recruitment And Retention Efforts All bargaining units remain below the 20% threshold identified in Government Code section 3502.3 that would trigger additional reporting requirements.

Recruitment Efforts
Position vacancies are posted on the City’s website through GovernmentJobs.com (NEOGOV), the City’s applicant tracking system, making them easily accessible to prospective applicants. To further broaden outreach, the City utilizes industry-specific job boards and targeted mailing lists when appropriate, ensuring vacancies reach candidates with the relevant skills and background. In addition to these platforms, the City encourages prospective candidates to sign up for job alerts in their Neogov account.

These job alerts allow candidates to select areas of interest and receive automatic email notifications when new recruitments are opened in their chosen categories, helping job seekers stay informed and engaged with upcoming opportunities.

Retention Efforts
The City is continuing to invest in employees’ careers, professional development and growth. In calendar year 2025, the City successfully filled 117 positions across multiple departments and classifications. Notably, 35% of those positions were filled through internal promotions, reflecting the City’s ongoing investment in employee development and the success of internal career advancement pathways. Promoting from within not only strengthens institutional knowledge but also supports employee retention by providing meaningful growth opportunities within the organization.

Workplace morale is also a large factor when considering retention. The Employee Engagement Committee has been empowered to lead and implement a variety of initiatives aimed at strengthening organizational culture and improving employee experience. These efforts include events such as the employee fall festival and other holiday celebrations, which provide opportunities for recognition, team building, and increased employee connection. Collectively, these initiatives support retention by fostering a more engaged and positive workplace.

Hiring Obstacles
Staff have reviewed key factors contributing to current vacancies and hiring delays.

The high cost of living continues to present a barrier to attracting candidates. This regional factor, combined with nationwide hiring challenges, has made recruitment more competitive, especially in smaller more specialized fields and at the executive level.

In addition, the City continues to operate within a highly competitive labor market, where both public and private sector employers are actively competing for a limited number of qualified candidates. To better assess the City’s position, a comprehensive, Citywide classification and compensation study was conducted. Preliminary findings indicate that the City’s compensation structure is generally at or above market level; however, the final

A – Page 877 of 1320
City Council Staff Report
May 12, 2026 -- Page 4
AB2561 Employee Vacancies And Recruitment And Retention Efforts report is still being finalized and may provide additional insight into recruitment and retention challenges.

Operationally, hiring timelines have also been impacted by a soft hiring freeze implemented to support budgetary goals. While departments have prioritized critical positions, this approach has contributed to longer recruitment timelines for some vacancies.

Despite these challenges, the City has continued to meet all budgetary targets and is maintaining an overall vacancy rate of approximately 9.7%, reflecting a balanced approach between fiscal responsibility and service delivery needs.

FISCAL IMPACT:

There is no fiscal impact.

REVIEWED BY:

Department Director: Stephanie George
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Hearing Presentation

A – Page 878 of 1320
City of Palm Springs
AB 2561 Presentation
Vacancies, Recruitment, and Retention Efforts
Presented by
Stephanie George
Director of Human Resources

A – Page 879 of 1320
Agenda
• AB 2561 Overview
• Workforce at a glance
• Vacancies
• Recruitments
• Retention Efforts
• Challenges

A – Page 880 of 1320
Overview - Background
On September 22, 2024, Governor Newsom signed AB 2561 into law to amend the Meyers-Milias-Brown Act and create a new obligation for public agencies to publicly address the status of their vacancies.

As a basis for the new requirements, the California Legislature determined that vacancies are widespread and can be a significant problem in the public sector.

A – Page 881 of 1320
Overview - Requirements
Presentation at a public hearing at least once per fiscal year prior to adopting an annual budget. Required information for presentation:
• Status of vacancies, recruitment, and retention efforts • Must allow the recognized employee organization for a bargaining unit to make a presentation at the hearing.

A – Page 882 of 1320
Overview - Requirements
If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the public agency, upon request of the recognized employee organization, must include the following information during the public hearing:
1) Total number of job vacancies
2) Total number of applicants for vacant positions
3) The average number of days to complete the hiring process 4) Opportunities to improve compensation and other working conditions

A – Page 883 of 1320
Workforce at a glance
Total Budgeted Full-Time Equivalent (FTE) Positions: 659.5 • General Unit (277) – Public Employees Association of Palm Springs • Management Unit (128.5) – Management Association of Palm Springs • Fire Safety Unit (82) – Palm Springs Firefighters Association • Fire Management Unit (6) – Palm Springs Fire Management Association • Police Safety Unit (105) – Palm Springs Police Officers Association • Police Management Unit (6) – Palm Springs Police Management Association • Executive Unit (54) – Unrepresented

A – Page 884 of 1320
Vacancies (as of 3/10/26)
Citywide vacancy rate: 9.7%
• General Unit – 12%
• Management Unit – 13%
• Fire Safety Unit – 5%
• Fire Management Unit – 0%
• Police Safety Unit – 6%
• Police Management Unit – 0%
• Executive Unit – 6%

A – Page 885 of 1320
Recruitment Process
T
Recruitment/Hiring Process Step Description
Vacancy Created Voluntary Separation, Retirement, Involuntary Separation, Internal Movement, Newly Budgeted Position Recruitment Requisition Manager submits recruitment requisition to fill vacancy, HR Director approves recruitment requisition for HR to process Determine Recruitment Type Utilize existing eligibility list/ongoing recruitment, recruit external & internal, or recruit internal only Job Posting Advertise job opening and recruitment on websites and agency social media Application Screening Pass applicants that meet minimum qualifications and eligibility requirements - Written/Practical Exam Review and pass candidate that receive a passing score on written/practical exam - Panel Oral Exam Review and pass candidates that receive a passing score on the oral exam - Subject Matter Expert Review Review and pass candidates that receive a passing score on a subject matter expert review Eligibility List HR refers top candidates on eligibility list to Hiring Manager for interview Interview Hiring Manager and panel interviews candidates and selects candidate Conditional Job Offer HR makes conditional job offer to selected candidate and initiates the hiring process Job Placement Selected candidate passes background check and physical, and is given an employment start date

A – Page 886 of 1320
Retention Efforts
• Competitive Compensation – including hiring bonus for difficult-to-fill positions
• Generous Benefit and Leave Plans – highly rated areas on employee exit surveys
• Employee Engagement and Mentorship Programs – improves morale and assists with succession planning

A – Page 887 of 1320
Challenges
• National Staffing Shortages / Challenges
• High Cost of Living Area
• Soft Hiring Freeze

A – Page 888 of 1320
Thank you

A – Page 889 of 1320

CITY COUNCIL STAFF REPORT
DATE: MAY 12, 2026 PUBLIC HEARING
SUBJECT: APPLICATION BY SAGEWOOD HOMEOWNERS ASSOCIATION FOR

HISTORIC DISTRICT DESIGNATION OF SAGEWOOD CONDOMINIUMS

LOCATED SOUTH OF NORTH SUNRISE WAY AND EAST VISTA CHINO, (APN 507-421-033) CASE: HSPB #166 / HD-13
FROM: Scott C. Stiles, City Manager
BY: Department of Planning Services
SUMMARY:

Sagewood Condominiums is an 18-acre residential condominium complex completed in 1972. The buildings were designed by architect Donald Wexler and the landscape design is attributed to landscape architect David Hamilton. The complex consists of 27 detached buildings and a total of 107 individual units. All buildings have been identified as contributing to the proposed historic district. This request for designation was initiated by the Sagewood Homeowners Association with 70% owner support. If designated as a historic district, the site would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code (PSMC).

The Historic Site Preservation Board (HSPB) and staff evaluated the application in accordance with the historic designation ordinance and applicable state/federal regulations, and determined this property qualifies as a historic district.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

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

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,

DESIGNATING THE SAGEWOOD CONDOMINIUMS LOCATED SOUTH OF
NORTH SUNRISE WAY AND EAST VISTA CHINO, (HSPB #166 / HD-13), SUBJECT TO CONDITIONS, APN FOR ALL UNITS: 507-422-001 TO 507-422- 076, 507-421-001 TO 507-421-032, AND 507-421-033.”
BACKGROUND:

The attached historic resources report, prepared by the Palm Springs Preservation

B – Page 890 of 1320
City Council Staff Report
May 12, 2026 -- Page 2
Historic Designation – Sagewood Condominiums
Foundation (“the report”) and site visits with HSPB members are the basis of this staff report.

Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.

September 20, 2023
September 27, 2023
October 4, 2023
Three (3) neighborhood outreach meetings conducted with property owners and City staff pursuant to PSMC 8.05.090.B.1 January 5, 2026 Site inspection by members of the HSPB and City Staff.

January 6, 2026 HSPB considered the case at a public hearing and voted 7-0 to recommend Historic District designation.

LANDSCAPE DESIGN WITH PEDESTRIAN WALKWAY
AND SWIMMING POOL. PHOTO CREDIT: CLAUDE PECK AERIAL VIEW OF DRIVEWAY TO WALKWAY CONNECTION The proposed district boundaries follow the existing property lines for the 18-acre development. The design of the buildings are low-slug one-story structures with flat roofs and cantilevered overhangs. Sandalwood Drive bisects the development into two parts with 8 buildings to the north and 19 buildings to the south. This is not a gated community, but the substantial open green space feels private due to the layout of the buildings on the site. Amenities include swimming pools and a tennis court for resident use.

STAFF ANALYSIS:

The analysis of the application relative to the criteria for the designation is detailed in the attached HSPB resolution and staff report dated January 6, 2026. In order to be designated a historic district, the site must exhibit exceptional historic significance and meet one or more of the criteria listed in PSMC Section 8.05.090.C.1. The Board made findings supporting historic district designation based on the following criteria:

PSMC 8.05.090.C.1.a. The site, structure, building, or object exhibits exceptional historic significance and meets one or more of the criteria listed below:

B – Page 891 of 1320
City Council Staff Report
May 12, 2026 -- Page 3
Historic Designation – Sagewood Condominiums
(Criterion c) Reflects or exemplifies a particular period of national, state or local history;
(Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
(Criterion f) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists;
Pursuant to PSMC 8.05.090.C.2; “Historic Integrity”, the HSPB made findings that the Sagewood Condominium possesses sufficient historic integrity to qualify as a local historic district.

During the January 6, 2026 HSPB meeting, the Board expressed their support of the application for historic district designation based on the criteria and integrity findings with a 7-0 vote. The HSPB recommendation to the City Council reflects these findings which are outlined in the attached draft City Council resolution.

ENVIRONMENTAL ASSESSMENT:

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

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with the following City Council Strategic Plan Broad Goal: Economic Development.

FISCAL IMPACT:

While this action would have no direct fiscal impact, it would make the property eligible for a Mills Act contract in the future. That could reduce property tax revenue at that time, if authorized by Council. The Riverside County Tax Assessor has not shared detailed information on the amount of property tax rebate applied to Mills Act properties; however, County staff have said the rebate can range from 40 to 70 % and that amount is based upon several factors including length of ownership, annual income of property, annual operating expenses, capitalization rate, etc. Currently, there are 179 Mills Act properties in the City, and the median residential tax bill is $4,250 per year. Based on these figures,

B – Page 892 of 1320
City Council Staff Report
May 12, 2026 -- Page 4
Historic Designation – Sagewood Condominiums
the potential loss in revenue to the City could range from approximately $300,000 to over $530,000 annually. It should be noted that the Mills Act contract is one of few tools available to incentivize reinvestment into restoration and ongoing maintenance of historic resources, and that properly maintained Mills Act properties likely have a net positive effect on surrounding property values that may offset the loss in direct revenue over time.

Council would evaluate the merits of any Mills Act contract application at such time that one is sought.

REVIEWED BY:

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

A. Vicinity Map.

B. Draft Resolution.

C. Application, related background materials, photos.

D. HSPB resolution, staff report, minute excerpt.

B – Page 893 of 1320

ATTACHMENT A
(VICINITY MAP)

B – Page 894 of 1320
Department of Planning Services
Vicinity Map

CITY OF PALM SPRINGS
HSPB #166 – Sagewood Condominiums

B – Page 895 of 1320

ATTACHMENT B
(Draft Resolution)

B – Page 896 of 1320
RESOLUTION NO._____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

SPRINGS, CALIFORNIA, DESIGNATING SAGEWOOD

CONDOMINIUMS, LOCATED SOUTH OF NORTH SUNRISE WAY
AND EAST VISTA CHINO, HSPB #166, SUBJECT TO
CONDITIONS, APN FOR ALL UNITS: 507-422-001 TO 507-422-
076, 507-421-001 TO 507-421-032, AND 507-421-033.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. WHEREAS, Chapter 8.05 of the Palm Springs Municipal Code allows for the designation of historic sites and districts; and
B. WHEREAS, The applicant, Sagewood Homeowners Association, submitted an application seeking district designation of Sagewood Condominiums located south of North Sunrise Way and East Vista Chino; and
C. WHEREAS, on January 5, 2026, members of the Historic Site Preservation Board (HSPB) and City staff conducted site inspections of the proposed historic resource; and D. WHEREAS, on January 6, 2026, a noticed public hearing of the Palm Springs Historic Site Preservation Board to consider Case HSPB #166 was held in accordance with applicable law; and
E. WHEREAS, at said hearing, the HSPB carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report and all written and oral testimony and voted 7-0 to recommend that the Council designate the Sagewood Condominiums a historic district; and
F. WHEREAS, on May 12, 2026, a noticed public hearing of the Palm Springs City Council to consider Case HSPB #166 was held in accordance with applicable law; and G. WHEREAS, at the said hearing, the City Council carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including, but not limited to the staff report and all written and oral testimony.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:

SECTION 1: FINDINGS RELATIVE TO THE CRITERIA FOR THE DESIGNATION OF HISTORIC DISTRICTS.

Evaluation of the Application. Pursuant to Municipal Code Section 8.05.090.C.1, the City Council shall evaluate the application and make findings in conformance with the following criteria:

1. Criteria and Findings for Designation of Historic Districts. The proposed district and contributing resources located therein exhibit exceptional historic significance and meet one or more of the criteria listed below:

B – Page 897 of 1320
Resolution No.____

May 12, 2026
The report determines that the site conveys exceptional historic significance and maintains enough integrity to be re-classified as a historic district as defined in the PSMC 8.05.020. The site is identified as one of the largest condominium complexes designed by Donald Wexler in Palm Springs and reflects housing developed for the emerging middle class during the 1960s and 1970s.
(Criterion a) Is associated with events that have made a meaningful contribution to the nation, state, or community;
No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion a.
(Criterion b) Is associated with the lives of persons who made a meaningful contribution to national, state, or local history;
Based on the research conducted in the report, no individuals associated with this site were identified as having made significant contributions to national, state, or local history. Criterion b is not met.
(Criterion c) Reflects or exemplifies a particular period of national, state, or local history; Low density multi-family residential development with a thoughtfully integrated landscape design is identified as a characteristic of garden apartments. The demand for multi-family residential development catered to the expanding middle class in Palm Springs during the post-war period. Larger sites, such as the location of Sagewood Condominiums, became viable options following amendments to the 1959 Indian Leasing Act. The buildings themselves reflect Desert Modernist characteristics. The site qualifies as a historic resource under criterion c by reflecting the local planning history associated with residential development and the design being characterized as a “garden apartment”.

Sagewood demonstrates design principles associated with this typology where separation of pedestrian and vehicular traffic and the integration of larger green space are key elements to the site plan. The superblock design, internal drives, and a focus on green space and view corridors are all characteristics seen in this community that is in line with the “garden apartment” typology.

Levitt & Sons, the developers of Levittown and other postwar subdivisions, was identified as the developer for Sagewood Condominiums. Although their reputation is better known on the East Coast, the newly established California branch hired Wexler for the design yet remained involved in the marketing of the development. The report clarifies that this is the only development by Levitt development in the Coachella Valley. Based on these findings, City Council finds that the proposed district meets criterion c. (Criterion d) Embodies the distinctive characteristics of a type, period, or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of

B – Page 898 of 1320
Resolution No.____

May 12, 2026
construction) and the method (of construction). Conventional post and beam construction methods were used to construct this development; therefore, City Council does not find the project qualifies for this criterion.
(Criterion e) Presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value; Architect Donald Wexler was an influential local architect whose work advanced the Desert Modernist movement. As a master architect who worked on a variety of projects in the city, his residential work spans all typologies but his goal to integrate modernist style to desert living is a common trait. The design of Sagewood exemplifies how Wexler used simple forms and inexpensive materials to achieve functional living while maintaining a strong sense of architectural style and setting. Wexler’s other multi-family projects in Palm Springs include the Royal Hawaiian Estates (HSPB #73 / HD-2), Twin Springs and the Rose Garden. Sagewood Condominium was his second major residential condominium project where he went from 40 units and 12 buildings (Royal Hawaiian Estates) to 107 units and 27 buildings.

The report acknowledges landscape architect David Hamilton as the first universitytrained and licensed landscape architect to practice in the Coachella Valley. His collaboration with Wexler on this project helped integrate the buildings into the setting.

The report describes the hierarchy of plantings and designated greenbelt areas in more detail as a character-defining feature of the site. Hamilton was also involved in other important landscape projects at the Royal Hawaiian Estates, Palm Springs Airport, Demuth Park to name a few. Based on these findings, City Council finds that the property meets criterion e.
(Criterion f) Represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or The site consists of 27 detached structures that have four residential units in each building. The placement of the structures on the site needed to first take into account the road that bisects the parcel in half and then arrange them in a manner that creates internalized open space for residents’ use. The individual structures and the design of the landscape on their own would not possess sufficient distinction to merit individual recognition. The spatial configuration of the site as a collective best reflects the design intent of the architects and the period, therefore, the site as a proposed district meets criterion f.
(Criterion g) Has yielded or may be likely to yield information important to national, state or local history or prehistory.

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

B – Page 899 of 1320
Resolution No.____

May 12, 2026
SECTION 2: PART “C” ANALYSIS OF HISTORIC INTEGRITY.

Analysis of Integrity. (PSMC 8.05.090.C.2). The site, structure, building, or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

Beginning on page 46 of the report is an evaluation of the site relative to the seven aspects or qualities of historic integrity, as recognized by the National Register of Historic Places. The seven aspects or qualities include location, design, setting, materials, workmanship, feeling, and association. The report concludes that the site retains a high degree of integrity and is further analyzed below:

1. Location:

The location of the 107-unit condominium complex has not been altered from the original site design. Each structure is configured on the site in the same location as represented in the 1972 tract map for the development. The proposed district retains its integrity of location.

2. Design:

The 18-acre parcel includes 27 buildings, each containing four dwelling units. The structures are low-slung, one-story buildings with flat roofs, cantilevered overhangs and a rough stucco finish exterior walls. The entrance to each unit was setback and carports and garages are mostly side loading to reduce the presence of the car along the streetscape. Instead of a series of carports and garages, there is a variety of recessed entries and patio features that demonstrate building articulation on visible elevations. There are two different floor plans: Plan A has three-bedroom units with carports, and Plan B has two-bedroom units and shared garages. The parcel is surrounded by streets on three sides, and a street that runs through the development dividing the lot into a northern section and a southern section.

The southern half is larger with 19 buildings placed around the edges with an open green space in the middle. In the open green space, there are narrow concrete walkways connecting each driveway to the shared common areas with two pools. The northern section contains eight buildings, and the green open space is located to the north edge that acts as a buffer to the adjacent commercial area.

The report identified a total of 450 trees and at least 24 different tree species planted throughout the development. The walkways and amenities are located in areas for private use, and individual patios faced the open green space. The design reduced the presence of cars and separated pedestrian and vehicular traffic within the development. Historic photographs show a landscape design with clear hierarchy allowing the views and use of open space to be preserved.

Thoughtful integration of the landscape features with the structures is a characteristic of a Midcentury Garden Apartment typology.

Overall, the design created a meaningful solution for low-density housing in what is defined as Garden Apartment design principles specific to the Southern California region; therefore, City Council    finds the design integrity is intact.

B – Page 900 of 1320
Resolution No.____

May 12, 2026

3. Setting:

This residential development is west of the airport and on Tribal fee land. The parcel immediately to the east is Tribal allotted land that is not leased and remains open and undeveloped. Parcels to the north have been developed with a range of community-level commercial services, while additional residential development extend to the south. Since its completion in 1972, infill development has occurred around the site, specifically to the north and west. The setting within the development remains largely intact but the surrounding context has become more significantly developed.

4. Materials:

Conventional and cost-efficient materials were selected for the construction of the complex. The exterior walls have a heavy troweled stucco finish, and the exterior fenestration is a flushmounted dark bronze finish. Slumpstone walls are seen around patios and rooftop equipment is screened behind customized parapet walls. While there are changes to windows and gates detected throughout the complex, most of the material integrity remains intact.

5. Workmanship:

Conventional construction methods and building materials were used to build this development.

The exterior materials allow for easy maintenance and offer clean, straight lines. Overall, the structures on the site have been well-maintained.

6. Feeling:

Sagewood retains integrity of feeling through the carefully maintained relationship between the single-story structures and the landscape design. The materials, setting and design demonstrate the goals to incorporate individual convenience and privacy with communal living.

7. Association:

This development is associated with the housing trends of the post-war period in Palm Springs.

The design is associated with the local Desert Modernist style, characterized by simplicity of form, horizontal massing, modern materials and integration with the desert landscape and/or climate.

SECTION 3: DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.

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

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Resolution No.____

May 12, 2026
Character-defining features:
• Overall site design and layout of the twenty-seven individual buildings • Low-slung, single-story post-and-beam buildings with flat rooflines, orthogonal massing and volumes, shade overhangs, extensive glazing, Douglas fir accent timbers, and practical and cost-efficient construction materials (stucco, wood, slumpstone, flush aluminum windows and sliders, recessed entry doors, and large walled patios). • Designed landscape of the property and its openness and park-like features of the shared outdoor space that includes verdant greenbelts, a variety of large and small trees, three original pools/spas, original concrete pedestrian walkways, and smaller plantings closer to residences.
• Twenty-seven separate structures with 107 residences, four to a “pod.” • Original “lollipop” light posts throughout the campus, both along streets (Chia, Sandalwood, and Cerritos) as well as in interior shared drives.
• Original zig-zag slumpstone wall along Sunrise, inset with iron fencing. • Battered slumpstone wall design.
• Original carports and shared garages.
• Original entry courts and solid doors.
• Rooftop enclosures to screen HVAC units.
• Oval shaped island median on Sandalwood Drive.
• Original Sagewood signage.

Non-contributing elements:
• Pool fencing around all three pools/spas were added later. • Individual security gates located in recessed entry doorways installed to enhance security in the ungated community.
• As part of a two-to-one renovation, one unit converted a carport to a garage. • Some original wooden patio gates have been replaced by metal ones. Over time, gates with scrollwork and other non-contributing elements.
• Address numbers are not uniform throughout the complex. Original address numbers are difficult to determine, so the HOA recommends that over time, all numbers be of a simple, modern font of a certain size.
• Shared mailbox depots are not original.
• Some solid front doors have been replaced by doors employing glass or plexiglass panels.

SECTION 4: ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

SECTION 5: CONDITIONS THAT APPLY TO HISTORIC SITES:

According to Section 8.05 of the Municipal Code, the following General Conditions shall apply to Historic Districts    :

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Resolution No.____

May 12, 2026

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

8.05.020.

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

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

4. The structure/site may not be modified, nor objects removed without following the procedures outlined in Municipal Code Section 8.05.120 “Demolition or Alteration or New Construction within a Historic District – Certificate of Appropriateness”.

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

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

7. The site shall not be further subdivided.

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

The following Specific Conditions of Approval shall apply to the Sagewood Condominiums Historic District:

1. Design Guidelines. The property owners in the proposed historic district shall submit design guidelines as outlined in Section 8.05 for final approval by the City’s HPO.

2. Review of future Certificates of Appropriateness (“C of A”). Alterations to buildings, structure, objects, and other character-defining and contributing resources within the historic district and described in Sections 2 and 3 are to be evaluated pursuant to PSMC Section 8.05.120 (E), including consistency with the Design Guidelines.

Based upon the foregoing, the City Council hereby designates Sagewood Condominiums located south of North Sunrise Way and East Vista Chino (Case HSPB #166 / HD-13).

ADOPTED THIS TWENTY-SECOND DAY OF MAY, 2026.

SCOTT STILES

CITY MANAGER

CITY OF PALM SPRINGS
ATTEST:

BRENDA PREE, MMC

CITY CLERK

CITY OF PALM SPRINGS

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Resolution No.____

May 12, 2026

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

CITY OF PALM SPRINGS

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ATTACHMENT C
(Application)

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1 Sagewood Condominiums, 1972
Donald Wexler, Architect
North Sunrise Way and Vista Chino, Palm Springs, 92262
Application for Historic District Designation
Prepared by Claude Peck and Steven Keylon
for the Palm Springs Preservation Foundation
April 17, 2025

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2 Contents
EXECUTIVE SUMMARY.............................................................................................................4 DESIGNATION CRITERIA .....................................................................................................5 SUMMARY ...............................................................................................................................6 APPLICATION ............................................................................................................................8 STATEMENT OF SIGNIFICANCE ...........................................................................................10 SUMMARY .............................................................................................................................10 HISTORY................................................................................................................................12 CHARACTER DEFINING FEATURES .....................................................................................39 CONTRIBUTING ELEMENTS ..............................................................................................40 NON-CONTRIBUTING ELEMENTS....................................................................................40 HISTORIC CONTEXT ..............................................................................................................42 BACKGROUND / HISTORIC CONTEXT............................................................................42 APPENDIXES ............................................................................................................................54 I. GARDEN APARTMENTS CONTEXT STATEMENT.......................................................54 II. RIVERSIDE COUNTY ASSESSOR’S MAP........................................................................73 III. SAGEWOOD GOOGLE EARTH VIEW ..........................................................................75 IV. SAGEWOOD SITE PLAN WITH ADDRESSES..............................................................76 V. SAGEWOOD UNIT NUMBERS/APNS............................................................................78 VI. SAGEWOOD HISTORIC PRESERVATION PLAN ........................................................81 VII. TRACT HISTORY...........................................................................................................83 VIII. DESIGN GUIDELINES ...................................................................................................88 IX. NEIGHBORHOOD OUTREACH AND MEETINGS ......................................................90 X. HISTORICAL DOCUMENTS ...........................................................................................91 XI. CONTEMPORARY PHOTOGRAPHS ............................................................................94 XII. BIBLIOGRAPHY...........................................................................................................109

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3 ACKNOWLEDGMENTS:

We are grateful for assistance on this application to the following people and organizations:
• Tim Atzinger, former Sagewood HOA president
• Joey Carman, chair, Sagewood HOA Architecture Committee • Robert Caragher, John McKenna, David Haugland, Blair Harley, and Steven Turley, members of the Sagewood HOA Architecture Committee • Renee Brown, director, Palm Springs Historical Society • Gary Wexler, artist, designer, son of Donald Wexler
• Sidney Williams, writer, editor, design curator
• Alan Hess, architectural historian, writer
• Steven Keylon, architectural historian, writer, preservationist • Hank Hudson, photographer, designer
• Marc Muntifering, current Sagewood HOA president
• Robert K. Alexander, Cal Poly Pomona College of Environmental Design, architecture department chair and curator of archives/special collections, including Wexler papers
• Frank Lopez, archivist and librarian, Palm Springs Art Museum Architecture and Design Center
• Ron Duby and Barbara Marshall, for proofreading the document

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4 A contemporary aerial view of the Sagewood superblock shows twenty-seven buildings with four condos each, three pools, and a tennis court. The green belt at right between Chia and Sandalwood is 250 feet at its widest point. (Photo from Google Maps)

EXECUTIVE SUMMARY
This Historic Resources Report is submitted by the Homeowners Association of Sagewood Condominiums, which is applying for Historic District designation under the City of Palm Springs Historic Preservation Ordinance, Municipal Code 8.05.09.

The property is located in the Rogers Ranch neighborhood of Palm Springs, California, just south of the intersection of N. Sunrise Way and E. Vista Chino, and bordered by N. Sunrise Way to the west, E. Chia Road to the south, and N.

Cerritos Drive to the east. It is listed as City Section 12, Tract 4432.

The resource comprises 107 one-story condominium homes, constructed from various materials, including stucco, wood, brick, aluminum, and glass, in twentyseven separate four-condo buildings on eighteen acres of fee-simple land.1 It opened
1 Sagewood was originally 108 units, but two units have been combined.

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5 in 1972. The developer was Levitt & Sons of California, and the designer was noted Palm Springs architect Donald Wexler. The construction contractor was Kaufman and Broad.

This report uses interviews, primary and secondary sources, and firsthand observations to assess Sagewood's eligibility under the City's criteria for designation as a Historic District.

DESIGNATION CRITERIA
Sagewood was not identified as a potential historic resource in the Palm Springs Historic Resource Survey Inventory and Context Statement of 2015 (Final Draft 2018). This nomination finds that the subject district is eligible and appropriate for Historic District designation. As detailed below, the resource meets four of the city's seven criteria for consideration. Sagewood (c.) "exemplifies a particular period of national, state or local history;" (d.) "embodies the distinctive characteristics of a type, period or method of construction;" (e.) "presents the work of a master builder, designer, artist or architect whose individual genius influenced his age, or that possesses high artistic value;" and (f.) "represents a significant and distinguishable entity whose components may lack individual distinction."
The individual resources in the proposed district also meet criteria for integrity of location, design, setting, materials, workmanship, feeling, and association, as stipulated at 8.05.090C.2 of the ordinance.

After three informational public meetings with owners and city preservation officials in late 2023, Sagewood homeowners voted 76 to 19 (with 13 no replies) to pursue Historic District designation. Those signed paper ballots are available for review.

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6 Sagewood has the distinction of being among the few multi-housing projects by the prolific Palm Springs architect Donald Wexler and, by some accounts, his finest.

Wexler's detailed site plan of homes and green space is "textbook perfect," according to landscape designer Ron Gregory, who worked with Wexler on numerous projects (but not Sagewood). "While most Wexler projects convey the general style I associate with Don's work, Sagewood has managed to preserve that quality in an especially attractive manner," Gregory said in a 2021 interview. "The development looks fresh and interesting, much as it did when the homes were originally sold, but likely even better now."
Artist Gary Wexler believes his father never visited Sagewood between its opening and 2010. That year, he and his father walked through the complex while compiling a project list in conjunction with a Palm Springs Art Museum exhibition. "The one overriding comment my father made about Sagewood at that time was how pleased he was that they kept it as a park-like environment, with the extreme greenbelt," Gary said. "Nobody would do that today. Every developer nowadays would put a whole new phase [of housing] in that green belt."

SUMMARY
This evaluation finds Sagewood eligible for listing as a Palm Springs Historic District under PSMC 8.05.090. Sagewood's landscape, site plan, and buildings retain a high degree of integrity and exemplify the defining characteristics of mid-twentiethcentury Desert Modernism. Therefore, they merit consideration as a Palm Springs Historic District.

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7 A 2024 image shows the simple elements — turf, plantings of varying heights, slumpstone walls, troweled stucco, shade overhangs, Douglas fir horizontal accent strips, flat rooflines with metal flashing, rooftop HVAC enclosures, wooden gates, recessed entryways — used by architect Donald Wexler to compose pleasing volumes in tune with the desert and mountains. (Photo by Claude Peck)

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8 APPLICATION

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9 B – Page 914 of 1320
10 Several building types can be seen in this aerial view of the west end of Sagewood, with Sandalwood Dr. at right. The two at the upper right are the “B3” plan. At left is a four-unit Type A building.

STATEMENT OF SIGNIFICANCE

SUMMARY
The property is located in the Rogers Ranch neighborhood of Palm Springs, California, just south of the intersection of N. Sunrise Way and E. Vista Chino, and bordered by N. Sunrise Way to the west, E. Chia Road to the south, and N.

Cerritos Drive to the east. It is listed as City Section 12, Tract 4432.

Sagewood consists of 107 one-story stucco, wood, brick, and glass condominium homes in twenty-seven separate four-unit buildings on eighteen acres of fee-simple land. It opened in 1972.

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11 The developer was Levitt & Sons of California, and the designer was noted Palm Springs architect Donald Wexler. The construction contractor was Kaufman and Broad.

An undated photo shows Palm Springs Airport before the main terminal (by Wexler, opened in 1966) was built. At center right, northwest of the airport, is the then-empty land where Sagewood and other condos were built, mainly in the 1970s. Wexler and Harrison designed a subdivision of seventy-five single-family modern homes, El Rancho Vista Estates, just northeast of the airport.

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12 HISTORY
1959 General Plan:

Sagewood is an outstanding, remarkably intact example of mid-twentieth-century condominium development in Palm Springs and the Coachella Valley.

In the late 1950s, only about 5.6 percent of Palm Springs residents lived in multifamily housing, according to the City of Palm Springs' 1959 General Plan. A city goal at that time was to add more such options to its overall housing mix to respond to Palm Springs' transition, in the 1960s and '70s, from an exclusive resort destination to a more egalitarian community attractive to vacationers, snowbirds, retirees, and year-round residents.

Federal and California laws passed between 1960 and 1964 legalized the concept of the condominium and made it possible for buyers to get mortgages (and mortgage insurance) on properties that combined individual ownership with shared walls, shared upkeep, and community amenities such as pools, spas, landscaped grounds, playgrounds, and tennis courts.

The passing of these laws coincided with President Eisenhower signing the 1959 Indian Leasing Act, which permitted certain tribes, including the Agua Caliente, to lease their lands for up to ninety-nine years. Suddenly, hundreds of acres of undeveloped and relatively inexpensive parcels of land attracted developers seeking to build this type of housing to meet the surge in popularity of the condo option. "The construction of condominiums and an influx of retirees would change the community and help Palm Springs serve as a regional and national model for retirement," notes Lawrence Culver in his 2012 book The Frontier of Leisure.

Culver argues that Palm Springs' outsized influence extended well beyond the Coachella Valley. "Resorts such as Palm Springs were as important to the formation

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13 of modern American suburbia as the early suburbs of New York such as Westchester County…. Palm Springs pioneered new architectural and urban forms replicated not just at other resorts but at cities across the United States." Sagewood reflects and expands on such earlier multi-family Garden Apartment communities in Palm Springs and nearby towns as Sandcliff Garden Apartment Homes (Sherwin Barton, 1964), Sandpiper (Palmer & Krisel, 1958-69), Royal Hawaiian Estates (Wexler & Harrison, 1960), Country Club Estates (Jones & Emmons, 1965) and Canyon View Estates (Palmer & Krisel, 1962-65).

Sagewood also aligned with the city's desire, as expressed in numerous General Plans and plan updates, to incorporate more affordable options into its housing mix, which had previously tended to be dominated by a monoculture of upscale single-family homes.
"Multi-family residential development played an important role in transforming Palm Springs from a resort town to a residential community. That transformation occurred during the 1960s and 1970s, but its roots can be seen as early as 1955." (City of Palm Springs Citywide Historic Context Statement, 2018)

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14 Saying, “This is Levitt living,” the home builder Levitt and Sons of California advertised the then-new Sagewood condos in early 1973. Sagewood remains the sole multi-housing complex developed by Levitt in the Coachella Valley.

Developer and Contractor:

Also of historical note is Sagewood's developer, Levitt & Sons of California, a division of the world's largest homebuilder, responsible for Levittown and other massive, and controversial, postwar subdivisions in Pennsylvania and New York.

In 1970, Levitt & Sons sought to expand from the East Coast into fast-growing Southern California. In 1971, its newly established California branch acquired eighteen acres of vacant land near the northwest end of Palm Springs Airport. It enlisted Wexler to draw a site plan and design a community of 108 condominium homes.2 Although Kaufman and Broad actually built the complex, Levitt remained involved in marketing the finished homes. The firm completed about two dozen other housing projects elsewhere in California during the 1970s, but Sagewood remains the sole Levitt development in the Coachella Valley. Given Levitt's reputation for building architecturally nondescript, low-cost postwar suburban 2 Sagewood is now 107 units. Two units have been combined into a single unit.

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15 housing, Sagewood stands out for its distinctive and refined site plan, landscape, and architecture.

Architect:

Donald Allen Wexler (1926-2015) was an American architect renowned for his pioneering contributions to midcentury modern architecture, particularly in Palm Springs, California. Born in South Dakota in 1926, Wexler grew up in Minneapolis, Minnesota, where he attended North High School. Following graduation, he served in the Navy during World War II. After the war, he took advantage of the GI Bill to study architecture at the University of Minnesota, earning his Bachelor of Architecture in 1950. His education placed him among the first generation of American architects trained entirely within the principles of modernism. Walter Gropius, founder of the Bauhaus and later head of Harvard's Graduate School of

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16 Design, once praised Minnesota's architecture program as producing some of the best students to enter Harvard.

After graduation, Wexler moved to Los Angeles and worked as a draftsman for renowned architect Richard Neutra. While Neutra was known for his demanding nature, Wexler later spoke highly of his first mentor, placing him alongside Frank Lloyd Wright and Mies van der Rohe as one of the great contributors to the field of architecture. Under Neutra, Wexler primarily worked on Elysian Park Heights, a large-scale public housing project designed in collaboration with landscape architect Garrett Eckbo. His nine-month tenure with Neutra gave him valuable experience in modernist principles and the practical skills required to run a private architectural practice.

In September 1952, Wexler relocated to Palm Springs, intending only a brief stay; however, he soon found the desert landscape and architectural opportunities to be compelling. He joined the office of architect William F. Cody, where he met Richard A. Harrison, a USC graduate working as a draftsman. By February 1953, Wexler and Harrison had fulfilled their apprenticeship requirements and decided to form their own practice, pooling their resources—just $250—to launch Wexler & Harrison. Over the years, their firm designed homes, residential subdivisions, schools, banks, and offices, leaving a lasting mark on Palm Springs. In 1961, the partnership was amicably dissolved, and Wexler continued as a sole practitioner under Donald A. Wexler, American Institute of Architects (AIA).

Wexler became best known for his pioneering use of steel in residential design. His Steel Development Houses, built in collaboration with the U.S. Steel Corporation, were innovative, cost-effective, and particularly suited for desert living. Among his many acclaimed works, the Palm Springs Airport, completed in 1966, remains one of his most visible contributions. Architectural writer Michael Stern described the main terminal as "a temple of glass that frames the mountain," highlighting Wexler's

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17 mastery of indoor-outdoor integration. The airport was added to the National Register of Historic Places in 2021.

Over a career spanning more than fifty years, Wexler designed a wide array of buildings, including schools (over thirty in total), office parks, banks, gas stations, and homes for Hollywood celebrities like Dinah Shore, Alan Ladd, and Kirk Douglas. His early multi-family residential project, Royal Hawaiian Estates (1960), showcased the influence of "tiki" modernism and featured landscape designs by David Hamilton. The complex became Palm Springs' first designated residential Historic District in 2010.

By the 1970s, as condominiums had become a popular housing option in Palm Springs, Wexler played a crucial role in their development, excelling in both site planning and architectural design. His projects, such as Sagewood, The Rose Garden, and Twin Springs, embodied his belief in creating housing that was not only functional but also attuned to desert living. Sagewood, in particular, demonstrated his ability to deliver high-quality modernist design to middle class buyers, reinforcing his commitment to making good architecture accessible. His work reflected the ideals of modernism, which sought to provide well-designed homes for a broad audience, much like the philosophy behind Albert Frey's Aluminaire House, which was recently relocated to Palm Springs as a permanent exhibit.

Wexler remained an influential figure in Palm Springs architecture throughout his career. He won a Lifetime Achievement Award from the Palm Springs Modern Committee in 2007. He was the subject of two books, a 2011 survey exhibition at the Palm Springs Art Museum, and the 2010 documentary Journeyman Architect: The Life and Work of Donald Wexler. He was inducted as a Fellow of the AIA in 2004, cementing his place among the most respected modernist architects.

Even after his passing in 2015 at eighty-nine, Wexler's legacy continues to be celebrated. His work, which seamlessly integrates architecture with the desert

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18 environment, has had a profound and lasting impact on Palm Springs, the Coachella Valley, and the broader field of modernist design. As architecture critic Christopher Hawthorne noted, "It was Wexler, as much as any architect, who made Palm Springs modern."
Wexler's philosophy on architecture and preservation was both pragmatic and insightful. While he recognized the enduring appeal of midcentury modernism, he believed that not all buildings should be preserved solely because of age; rather, he insisted, "It's not just about preservation. Just because it's 50 years old, that's not the whole story — it's whether it's good design that's worth preserving." This thoughtful approach ensured that his contributions to architecture were not only historically significant but also inherently valuable in shaping the built environment of Palm Springs and beyond.

Site Plan:

Wexler's 1971 site plan study for Levitt gracefully distributes the (now) 107 condos, a mix of two- and three-bedroom units, four units to a "pod," across the flat plot of land northwest of the airport.

Gently curving lengthwise through the middle of the site is a new road, Sandalwood Drive, punctuated midblock by an oval island planted with palms and cacti, which is dramatically lit at night. The street's east-west orientation creates a vital view corridor that frames the towering San Jacinto range and the sunset-catching Little San Bernardino mountains farther to the east.
"The site planning is textbook perfect, encouraging the visitor, and subliminally a homeowner, to focus on a smaller area than if the street were laid out shotgun straight," said landscape architect Ron Gregory in an interview. Gregory, who worked with Wexler on scores of projects (though not Sagewood) beginning in the late 1970s, visited Sagewood for the first time in 2020.

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19 Seen at sunrise from the east, a group of Sagewood homes glows golden and appears to nestle at the foot of the San Jacinto range. (Photo by Claude Peck)
The condominiums on Sandalwood follow its bend, while those along Chia are staggered slightly to break up that street's straight line. Wexler drew generous setbacks for all the units on the street. Smaller residential groupings cap the ends of the subdivision along Sunrise and Cerritos.

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20 Wexler’s site plan created a new street, E. Sandalwood Dr., gently curved, with a palm island. The streetscape de-emphasized the car in favor of view corridors to the east and west, as well as large windows/sliders facing green space and patios. Most units are set back sixty feet or more from the street.

Open space occupies about one-third of Sagewood's total site, enabling the development to boast just six units per acre, only slightly denser than in an average tract of detached single-family houses.

One long park along the north side houses a pool, spa, and tennis court. A larger green belt lies in the middle, between Sandalwood and Chia, and runs the entire length of the site, two city blocks uninterrupted by any north-south street. Roughly half of the condos in the complex have windows and patios that face this park-like area, which is crisscrossed with concrete paths laid out in an angular, jazzy pattern.

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21 With Sunrise Way at the left, the 1971 site plan is largely the same as what was built the following year. The recreational building near the east pool (at right) was never built. A west pool was built where the drawing indicates a wading pool. (Drawing courtesy of Wexler archive, CalPoly Pomona) One can clearly see at Sagewood the guiding principles of the Garden Apartment typology, as expressed in the 1928 Radburn Plan by Clarence Stein and Henry Wright, including superblocks, separation of pedestrian and vehicle traffic, deemphasis of the automobile, integration of green space, reduced street frontage, and hierarchical design.

All of Stein and Wright's Radburn Plan principles are present at Sagewood:

Superblock – large parcel with few or no through streets, which consolidated green spaces for use by residents. Sagewood is an eighteen-acre superblock surrounded by the main roads. There is a single private service road bisecting the community, and from this, cars enter garage courts, around which residential buildings are clustered. More garage courts are accessed from two surrounding roads, N. Cerritos and E. Chia. Garage courts alternate with garden courts, which open onto much more extensive greenbelts.

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22 Specialized roads – all auto circulation is on the perimeter, and garage courts are for car storage. Sagewood is surrounded on three sides by public roads and has one private road bisecting the site plan. From these roads, residents access garage courts, which are essentially cul-de-sacs.

Complete separation of pedestrians and automobiles – Pathways within each residential circle and greenbelt provide safe pedestrian access, allowing users to avoid encountering automobiles.

Houses turned toward gardens and parks – this arrangement turned the structures outside in, placing the living room windows toward the green spaces.

The primary living rooms feature large sliding glass doors opening onto private patios, which face the garden courts or greenbelts. In contrast, secondary rooms like kitchens and bedrooms face the garage courts or access roads.

The park is the backbone – large green spaces dominate rather than streets.

Sagewood is a superblock with dwellings clustered around garage courts, which alternate with garden courts. These open to much more extensive greenbelts or parks, which constitute the site plan’s spine. These feature shared community spaces, including large, landscaped gardens for the community's enjoyment, as well as community amenities like swimming pools and a tennis court. Patios provide a private setting for interaction with the landscape.

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23 Full-height glazing, both windows and sliders, shrinks the distinction between indoor and outdoor spaces. This two-bedroom unit has fourteen feet of continuous glass between the living/dining space and the large walled patio. (Photo by Claude Peck)

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24 Two 1972 drawings by Wexler show the trapezoidal trash can enclosures (center) and rooftop enclosures for HVAC. Also visible: the two heights for slumpstone patio walls; six feet (top) and 4½ feet (bottom). The fullheight windows shown at far right and far left were reduced to half-high ones, at the corners of the 3-bedroom units, possibly as a cost-saving measure. (Original drawings courtesy of Wexler archive, CalPoly Pomona) Architecture:

The single-story residences, a practical solution when land was more affordable, offered residences at a human scale, preserved everyone's view of the mountains, and allowed for privacy in walled patios. Of Wexler's three condo complexes done in the 1970s (which include Twin Springs and The Rose Garden), only Sagewood is composed entirely of single-story buildings.

Writing about local architecture in Palm Springs Life magazine in 2013, Michael Stern touched on something evident at Sagewood: an overall understated approach.

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25 "In Los Angeles, architecture often screams for attention," Stern wrote. "Palm Springs architects worked sotto voce, so that their work would be in harmony with, but not overshadow, the natural beauty of the desert. [Wexler] is considered an icon who truly practiced 'the honesty of modernism,' wherein the structural elements of his buildings become the decorative elements as well." Sagewood's architecture draws one's attention by being elegant rather than showy; pleasant, not strident. Here, the site plan and landscape are transcendent.

Wexler's famed Steel houses, Stern added, "showcase his brilliance in creating small houses that do not feel claustrophobic." It's easy to apply that observation to Sagewood, where residences of 1,050 to 1,250 square feet are laid out so they seem larger. Add patios as large as 700 square feet, often planted with citrus, shrubs, and cactus, and that feeling is amplified. The place's low density, with just six units per acre of land, is comparable to standard single-family home plats.

The exterior textured stucco is a durable, low-maintenance material that withstands extreme heat, requires infrequent painting, and reduces upkeep costs for the HOA. The buff colors are warm, with contrast provided by substantial Douglas fir accent timbers painted slightly darker and flush-set windows and sliders in a dark bronze color. Exposed beams in carports and garages reveal the post-andbeam construction method characteristic of Wexler's designs, including his own house on nearby East Verbena Drive.

The flat roofs and orthogonal lines are crisp and unifying, giving a sense of elegance and lightness that is trademark Wexler. Rooftop parapets are either flat or gently slanted to conceal HVAC units and reflect the lines where mountain meets sky.

The slumpstone patio walls and canted trash can surrounds are a simple material that contrasts with the stucco and pays rectilinear tribute to an older California.

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26 Elevations and Floor Plans:

A 1972 Sagewood sales brochure shows exterior elevations for the three-bedroom Plan A homes and the two-bedroom Plan B homes. Most Plan A homes have carports, while Plan B homes have shared garages. Variations (B-1, B-2, B-3, for example) had mainly to do with the orientation of garages and carports.

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27 B – Page 932 of 1320
28 Sagewood Floor Plans (A and B types):

Below is Wexler’s detailed floor plan for the four units in a “B” type building. The patios on the end units measure more than 750 square feet. All party walls are double-insulated with sound-dampening material. The only difference between the B1, B2, and B3 pods is the orientation of shared two-car garages. Entryways are indicated by numbers 1 through 4.

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29 Below, a detailed floor plan for the four units in an “A” type building. These units have three bedrooms. Small internal atriums double as light courts. Numbers 1-4 show the placement of carports. (Images from Wexler archives, Cal Poly Pomona) Landscape:

The landscape at Sagewood exhibits the best of its type and is one of the finest examples in the Coachella Valley. Because of its low-density and thoughtful design, residents of Sagewood enjoy life in an oasis of simplicity, serenity, and beauty, surrounded by a classic plant palette typical of midcentury Palm Springs. This landscape's design is credited to landscape architect David Hamilton, arguably the most important practitioner working in midcentury Palm Springs. Landscape architect Ron Gregory, who worked with Wexler on numerous projects (though not Sagewood) beginning in the late 1970s, stated in a 2020 interview that he was "almost certain" the landscape architect at Sagewood was David Hamilton.

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30 Hamilton, the first university-trained and licensed landscape architect to live and work in the Coachella Valley, collaborated with the finest architects of the day, often with Donald Wexler, and was well-respected and sought after during the years Sagewood was designed and built.

Reporting on the community's opening in 1972, the Desert Sun noted that architect Donald Wexler was chosen because of his "understanding of desert architecture.

Palm Springs has fostered a new kind of low-profile California architecture. It's a kind of look that complements the configuration of the terrain, as well as the subtle desert colors." Wexler's architecture was kept deliberately simple—here, the site plan and landscape are elevated to co-starring roles.

From the perimeter of the property, enclosed by manicured multi-trunk olive trees, residents drive into landscaped garage courts to access their condominiums.

Planting adjacent to dwelling units is denser, with varying shades and textures of green—Pittosporum tobira, Natal plum, and pyracantha among the shrubs. These are enlivened by spots of flowering color, including lantana, bougainvillea, Spanish bayonet, aloe vera [A. Barbadensis], and desert milkweed. Select areas feature collections of cacti.

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31 Taller trees (palm, eucalyptus, Aleppo pine) step down to shorter ones (olive, ash, California pepper, and flowering pear) closer to residences.

Contrasting this are bucolic open green spaces, acres of green grass dotted with a palette of drought-tolerant trees, often Mediterranean species. These are suitably adapted to the desert climate—there are at least twenty-four different tree species at Sagewood, and today, about 450 trees total. A hierarchy of trees was established, starting with a towering skyline of Washingtonia robusta and native Washingtonia filifera palms, their fronds shining and shimmering against the backdrop of majestic San Jacinto. Palms are typically grouped by species in pairs, clusters, or short rows.

Groups of eucalyptus and Aleppo pine screen undesirable views to the north and shade the inviting green grass meadows. Several enormous ash trees were removed in recent years, victims of the shot hole borer. Silk oak is another large signature tree that has suffered. Decorative jacaranda and evergreen flowering pear add color and interest to the tree palette.

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32 Though some of these tree and plant species have fallen out of favor with today's landscape designers, those still existing should be retained as essential elements in Hamilton's design. Sagewood represents a prime and pristine example of classic midcentury Garden Apartment landscape architecture by Palm Springs' leading landscape architect, and every attempt should be made to preserve it.

DAVID HAMILTON, ASLA:

David Hamilton was born in Detroit in 1926. After serving in the Navy during World War II, Hamilton attended Michigan State University, graduating in December 1950 with a BS in Landscape Architecture. Before graduating, his wife Helen saw an advertisement from the City of Palm Springs for an opening in the Planning Department, and she encouraged Hamilton to apply. Soon hired, he served as a draftsman in the Palm Springs Chief Planning Department, where he worked from 1951 to 1953. From 1953 to 1957, he worked as a site planner and landscape architect for Quintin Engineers, Ltd in Los Angeles. He returned to the desert in 1957, working for the County of Riverside's Planning Commission's new satellite office in Palm Desert. Hamilton was then recruited back to Palm Springs by Hy Raines, Director of Planning, and Pete Peterson, City Manager, returning as assistant planning director, a newly formed position created with Hamilton in mind.

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33 Sagewood’s west pool, looking west, with E. Sandalwood Dr. at right.

In 1960, Hamilton left the Planning Department to open his own landscape architecture office. A member of the ASLA since 1951, he had been grandfathered in when licensure was developed in 1953. One of his first projects was the Royal Hawaiian Estates condominium development, done in collaboration with Donald Wexler and Richard Harrison. Hamilton and Wexler would work together on many projects, including the Palm Springs Airport, the Steel Houses, and Professional Park. When Donald Wexler was asked in 2011, he said, "I always requested of my clients that David Hamilton be hired from the outset. He was the best."3 Hamilton's work included residential, commercial, and civic properties, some examples being Ocotillo Palms Estates, Demuth Park, Raymond Cree Junior High School, the Outdoor Memorial at Desert Memorial Park, San Diego Federal Savings and Loan, the Living Desert, and The Diplomat condominiums. David Hamilton passed away in La Quinta on January 10, 2017, after a short illness. He was ninety years old.4 3 Steven Keylon, Interview with Donald Wexler, February 25, 2011 4 Biographical David Hamilton information from Steven Keylon, Interview with David Hamilton, February 13, 2016.

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34 Community Amenities:

Each unit has a patio, many planted with citrus, offering private interaction with the landscape. In the common areas, there are opportunities for public interaction, with pools and a tennis court to foster community.

HISTORIC PHOTOGRAPHS:

The photos below, though undated, appear to be from the mid-to-late 1970s. The vintage mailboxes have been replaced with more modern boxes grouped along Chia, Cerritos, and Sandalwood. One feature shown is the relatively small size of street-facing windows (top left), in accordance with Wexler’s view that large glazing should focus on mountain views, patio gardens, and communal green spaces. (Photos courtesy of Palm Springs Historical Society)

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37 Contemporary Photographs:

An aerial view of the green belt around the west pool/spa and walking paths leading to it from various directions. (Photo courtesy of Greater Palm Springs Realtors)

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38 Wide, angled, shared concrete drives help move cars away from streets and adjacent to homes in accordance with principles of the Garden Apartment dating to the early twentieth century. The front entryways at right are set back from E. Sandalwood Dr., creating a more varied and pleasing streetscape.
(Photo by Henry Connell)

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39 Changes and Alterations Over Time:

The original solid entry doors were recessed and shaded by overhangs. Some owners have added screens or second security doors. Many entry doors are placed within small interior courts or open off private patios. (Photo courtesy of Greater Palm Springs Realtors)

CHARACTER DEFINING FEATURES
Sagewood is defined by many of the elements of what has come to be known as Desert Modernism and, in particular, the understated elegance of designs by its architect Donald Wexler.

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40 CONTRIBUTING ELEMENTS
● Low-slung, single-story post-and-beam buildings with flat rooflines, orthogonal massing and volumes, shade overhangs, extensive glazing, Douglas fir accent timbers, and practical and cost-efficient construction materials (stucco, wood, slumpstone, flush aluminum windows and sliders, recessed entry doors, and large walled patios).
● Spacious shared outdoor space that includes verdant greenbelts, a variety of large and small trees, three original pools/spas, original pedestrian walkways, and smaller plantings closer to residences.
● Twenty-seven separate structures with 107 residences, four to a “pod.” ● Original “lollipop” light posts throughout the campus, both along streets (Chia, Sandalwood, and Cerritos) as well as in interior shared drives. ● Original zig-zag slumpstone wall along Sunrise, inset with iron fencing. ● Original carports and shared garages.
● Original entry courts and solid doors.
● Rooftop enclosures to mask HVAC units.

NON-CONTRIBUTING ELEMENTS
● All three pools/spas have fencing that was added later as an insurance requirement.
● Some recessed entry doorways have had second doors added to enhance security in the ungated community.
● As part of a two-to-one renovation, one unit converted a carport to a garage. ● Some original wooden patio gates have been replaced by metal ones. Over time, gates with scrollwork and other non-contributing elements should be replaced by simple, unadorned designs approved by the architecture committee and the city.
● Address numbers are not uniform throughout the complex. Original address numbers are difficult to determine, so the HOA recommends that over time, all numbers be of a simple, modern font of a certain size.

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41 ● Shared mailbox depots are not original.
● Some solid front doors have been replaced by doors employing glass or plexiglass panels. Architectural guidelines stipulate recommended door replacement specs.

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42 HISTORIC CONTEXT
To qualify as a Palm Springs Historic District, the contributing structures must be significant; that is, they must represent a significant part of the history, architecture, or archaeology of an area, and they must have the characteristics that make them a good representative of properties associated with that aspect of the past. The significance of a historic district can be adequately understood when evaluated within its historical context. Historic contexts are those patterns or trends in history by which a specific district is understood and its meaning (and ultimately its significance) within history is made clear. To decide whether a district's contributing properties are significant within their historic context, it must be determined which facet of history the district represents; the significance of that facet of history; whether the subject district has relevance in illustrating the historic context; how the district illustrates that history; and an analysis of the physical features the contributing properties in the district possess to determine whether they convey the aspect or history with which they are associated. If the subject district represents an important aspect of the area's history (under any of the seven criteria recognized by the Municipal Code) and possesses the requisite quality of integrity, then it qualifies as a historic district.

BACKGROUND / HISTORIC CONTEXT
The relatively short history of Palm Springs can be organized into three more or less distinct periods that include Prehistory, the Settlement Period, and the Modern Period. It is within the context of the last period that Sagewood will be evaluated.

Historic Resources Group’s 2018 Citywide Historic Context Statement & Survey Findings establishes The Modern Period (1925-1960s): This period can be considered to have begun with the construction of the area's first "modern" structure, Rudolph Schindler's Paul and Betty Popenoe Cabin in 1922. During the post-WWII era, Palm Springs' economy prospered through tourism. Hollywood celebrities discovered the desert oasis and patronized its hotels, inns, nightclubs and restaurants; celebrity-seeking tourists soon followed, transforming Palm

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43 Springs from a sleepy village into an increasingly cosmopolitan environment. In the 1960s-1970s, multi-family residential development played an important role in transforming Palm Springs from a resort town to a residential community. By the late 1960s the vacation home trend was in full swing. By 1967, Palm Springs was growing from a population of 20,000 in the off-season to 50,000 during the winter tourist season. The City of Palm Springs was the first in the state and one of the first resort communities in the nation to legalize condominiums as a new form of vacation housing. The popularity of the condominium in Palm Springs hinged on an aging population of empty nesters and retirees who liberated themselves from single-family residences in the suburbs. They vacationed or took up residency in condos where upkeep and maintenance were low and amenities were built-in.

Amenities included tennis courts, pools, and/or country club membership. The rise in popularity of timeshare arrangements (where a property could be shared across a consortium of "owners" lowering costs even more) contributed to the growth of condominiums in Palm Springs.

ARCHITECTURE (Criteria 3 – 6)
(That reflects or exemplifies a particular period of the national, state, or local history)
The buildings of the proposed Sagewood historic district represent a specific building type and exhibit stylistic markers that place them directly in the historic context of Palm Springs' Modern Period. Sagewood is a prime and largely intact example of a particular building type and the significant modernist architecture for which Palm Springs is widely known. It is also a prime example of a Garden Apartment type of community, a type of planning that became popular in the Coachella Valley beginning in the mid-1950s but truly gained momentum after the landmark Indian Long-Term Leasing Act of 1955 and the 1959 Indian Leasing Act, which allowed for land leases of up to ninety-nine years. As such, the contributing structures in the district may be viewed as an essential component of the historic

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44 trends that have come to define Palm Springs' image as a vacation resort destination and the center of crucial midcentury architecture, i.e., a historic trend that exemplifies a particular period of the national, state or local history. The contributing properties within Sagewood qualify for listing as a Historic District on the local registry under Criterion 3.

Criterion 4: (That embodies the distinctive characteristics of a type, period or method of construction)
"Type, period, or method of construction" refers to the way certain properties are related to one another by cultural tradition or function, by dates of construction or style, or by choice or availability of materials and technology. To be eligible under this criterion, a property must clearly illustrate, through "distinctive characteristics" a pattern of features common to a particular class of resources. "Distinctive characteristics" are the physical features or traits that commonly recur in individual types, periods, or methods of construction. To be eligible under this criterion, a property must clearly contain enough of those characteristics to be considered a true representative of a particular type, period, or method of construction.

Characteristics can be expressed in terms such as form, proportion, structure, plan, style, or materials. The contributing properties in Sagewood are eligible under this criterion as they represent a fine example of a particular building type (specifically, the "Garden Apartment" type of multi-family dwelling, particularly as a condominium) that established itself in the resort community of Palm Springs from the start of the 1960s onwards. The structures of Sagewood also qualify under the theme of Modern architecture because they possess distinctive characteristics that comprise the many qualities of the style, such as overall horizontality, the expression of structure, expansive amounts of glass, and the use of inexpensive, machine-produced materials (i.e., stucco, aluminum, glass). The contributing properties at Sagewood qualify as a Historic District on the local registry under Criterion 4.

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45 Criterion 5: (That presents the work of a master builder, designer, artist, or architect whose individual genius influenced his or her age or that possesses high artistic value)
Work of a Master:

Considered to be one of the most important and influential California midcentury architects, with a portfolio of hundreds of built structures and multiple awards for architectural excellence, Donald Wexler, FAIA, has left an impressive legacy of design that continues to inspire and influence new generations seeking to build more sustainably and efficiently without sacrificing livability. As designed by Donald Wexler, Sagewood can, without a doubt, be considered the work of a "Master." Properties possessing high artistic values: High artistic values may be expressed in many ways, including areas as diverse as community design or planning, engineering, and sculpture. As an example of the maturing modernist movement and as a fully realized Garden Apartment community, Sagewood expresses those modernist ideals to a level of excellence and confidence that, in total, could easily be considered an aesthetic ideal. The desert modern building style and construction method brought to Palm Springs by an influential handful of postwar architects and builders is evident at Sagewood on various levels:
● Low-density, stucco-clad, post-and-beam single-story residences unified by neutral color, horizontality, generous use of full-height glass, shade overhangs, finishes, building style, flat roof lines, flush-mounted exterior windows, and a human scale.
● A carefully drawn site plan with setbacks, internal drives, a superblock, and fenestration that de-emphasizes the street, tames the automobile, and focuses on green space, view corridors, pedestrian walkways, and the outdoors.

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46 ● A classic Southern California landscape design (attributed to David Hamilton) that primarily utilizes Mediterranean, desert natives, and other hardy, drought-tolerant species.
● Ample space devoted both to private and to shared community and recreational areas.

Sagewood has one of largest greenbelts of any Palm Springs condo complex, as well as offering larger-than-usual walled patios for private enjoyment of the outdoors.

For its high artistic values, Sagewood qualifies for listing as a Historic District on the local registry under Criterion 5.

INTEGRITY
Integrity is the ability of a property to convey its significance. To be listed in the local registry, a property must not only be shown to be significant under the criteria, but it also must have integrity. The evaluation of integrity is sometimes a subjective judgment, but it must always be grounded in an understanding of a property's physical features and their relationship to its significance. Historic properties either retain integrity (that is, convey their significance) or they do not.

The definition of integrity includes seven aspects or qualities. To retain historic integrity a property will always possess several, and usually most, of the aspects.

The retention of specific aspects of integrity is paramount for a property to convey its significance. Determining which of these aspects are most important to a particular property requires knowing why, where, and when the property is significant. The following sections define the seven aspects and explain how they combine to produce integrity.

LOCATION
Location is the place where a historic property was constructed or the place where a historic event occurred. The relationship between the property and its location is often important to understanding why the property was created or why something happened. The actual location of a historic property, complemented by

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47 its setting, is particularly important in recapturing the sense of historic events and persons. Except in rare cases, the relationship between a property and its historic associations is destroyed if the property is moved. Sagewood was laid out and built at its current location and has not been moved. No substantive additions or demolitions have occurred. The subject property retains integrity of location.

DESIGN
Design is the combination of elements that create the form, plan, space, structure, and style of a property. It results from conscious decisions made during the original conception and planning of a property and applies to activities as diverse as community planning, engineering, architecture, and landscape architecture. Design includes such elements as organization of space, proportion, scale, technology, ornamentation, and materials. A property's design reflects historic functions and technologies as well as aesthetics. It includes such considerations as the structural system; massing; arrangement of spaces; pattern of fenestration; textures and colors of surface materials; type, amount, and style of ornamental detailing.

Sagewood retains nearly all of its character-defining features and has integrity as a well-preserved example of Desert Modernism as applied to a Garden Apartment condominium complex. Its look today conveys very clearly the design intentions of architect Donald Wexler. As was true in 1972, the resource is notable for its flat roofs, slumpstone patio walls and trash can enclosures, cantilevered overhangs for shade, stucco exterior walls in buff brown (Dunn-Edwards Steveareno) with contrasting Douglas fir strips in a darker hue (Dunn-Edwards Hawk Brown), absence of extensive exterior decoration, ample flush-mounted glazing including sliders and full-height windows.

The three pools, three spas, and tennis court, connected by jazzy concrete sidewalks, are as stipulated in Wexler's site plan. Pool fencing was added later. The site study below shows two swimming pools and a wading pool. It has a shared

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48 pool building at the east pool, which was never built. Pool fences were added later to comply with insurance regulations, as is often the case with shared pools.

With setbacks, wide shared drives, parking plazas, carports, and garages, the aim of de-emphasizing streets full of parked cars remains intact.

Trees and shrubs have grown, and some have been replaced. However, the classic Southern California landscape of the district, which includes many species of large trees (Aleppo pine, towering California palms, California pepper, eucalyptus) tapering to smaller ones (olive, lantana, Spanish bayonet, pyracantha) remains intact.

Alterations include pool fences, wooden patio gates, and the evolution of the landscape. (The Sagewood HOA's landscape committee has a policy of one-to-one tree replacement, and some pool surrounds and greenbelt edges have been converted from turf to desert scape to conserve water.) Some original doors have been replaced with complementary newer ones, and some owners have added metal security doors outside of the regular entryway doors.

Alterations require the approval of the HOA's board and its architecture committee, and guidelines in place for more than twenty years seek to retain and maintain the defining characteristics of the original complex.

Cumulatively, these modifications do not compromise the design integrity of the site layout and have only a minimal impact on the architecture of the individual buildings that contribute to the district. Based on the extant historic character-defining features and overall design of the subject property, it retains its appearance from the period of significance. The subject property maintains its original design integrity.

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49 SETTING
Setting is the physical environment of a historic property. Whereas location refers to the specific place where a property was built or an event occurred, setting refers to the character of the place in which the property played its historical role. It involves how, not just where, the property is situated and its relationship to surrounding features and open space. Setting often reflects the basic physical conditions under which a property was built and the functions it was intended to serve. In addition, the way in which a property is positioned in its environment can reflect the designer's concept of nature and aesthetic preferences. Sagewood's immediate surroundings have seen significant development in fifty-three years, but with the airport to the east, a large wash between the resource and the northwest end of the airport has remained undeveloped. Commercial development nearby, has been planned thoughtfully, affording Sagewood owners easy access to groceries and other essentials. The subject property retains the integrity of the setting.

MATERIALS
Materials are the physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property. The choice and combination of materials reveal the preferences of those who created the property and indicate the availability of particular types of materials and technologies. Materials used in the 1972 construction – troweled stucco exterior walls, dark bronze flush-mounted aluminum window and slider frames, shade overhangs, trash can enclosures, Douglas Fir accent strips, wood entry doors, carports, drives, walkways, plantings, gates, slumpstone walls, rooftop screen walls, glazing – remain largely intact. While many original sliding doors and windows have been replaced with dual-pane safety glass, the association grants approval only for aluminum-frame doors/windows in the correct color. (Some vinyl replacement windows on the campus were installed before the advent of architectural guidelines.) The resource retains the integrity of materials.

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50 WORKMANSHIP
Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure, object, or site.

Workmanship can apply to the property as a whole or to its individual components.

It can be expressed in vernacular methods of construction and plain finishes or in highly sophisticated configurations and ornamental detailing. It can be based on common traditions or innovative period techniques. Workmanship is important because it can furnish evidence of the technology of a craft, illustrate the aesthetic principles of a historic or prehistoric period, and reveal individual, local, regional, or national applications of both technological practices and aesthetic principles.

Examples of workmanship in historic buildings include tooling, carving, painting, graining, turning, and joinery. The original Wexler drawings provide detailed descriptions of the high-quality workmanship required when the complex was constructed. They specified Grade 1 Douglas Fir to be used in "all framing lumber," including joists, posts, and beams, for one example, as well as in the 1 1/2" x 11" horizontal accent strips used throughout the property.

While desert modern design eschewed decoration common to older building styles, the workmanship at Sagewood shows in more subtle ways, such as the durable, low-maintenance troweled stucco exterior walls and overhangs, the sturdy slumpstone patio walls in heights of six feet and four-and-a-half feet, and the carefully designed landscape of turf, trees, and shrubs.

Considerable workmanship goes into the fenestration of a place like the subject property, where each unit has two to four sliders and generous amounts of fullheight stationary glass. Most of the three-bedroom units feature half-high corner windows in the living rooms, and many of the two-bedroom units include as much as fifteen feet of continuous glass between living space and capacious private patios (some measuring more than 700 square feet).

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51 Wexler's drawings specify additional steps during construction to make Sagewood more livable, including measures to reduce noise between neighbors. For example, party walls between condos in the four-unit pods were specified as having two standard 2-by-4 walls, separated by "½-inch thick 'Kaiser’ sound-deadening board and ½-inch thick gypsum board.” (1972 drawings by Wexler at Cal Poly Pomona archive). If good fences make good neighbors, so does good sound insulation.

By preserving most of its character-defining features, Sagewood continues to convey the innovative design and building methods of its designers and developers, who sought to contain costs by standardizing materials and methods of construction. Integrity of workmanship is maintained.

FEELING
Feeling is a property’s expression of the aesthetic or historic sense of a particular period of time. It results from the presence of physical features that, taken together, convey the property’s historic character. For example, a rural historic district retaining original design, materials, workmanship, and setting will relate the feeling of agricultural life in the nineteenth century. A visitor from wintry Minnesota recently commented, “There is nothing like walking back from the east pool in late afternoon through that huge green belt shadowed by tall Aleppo pines, in February, in my bare feet!”
Sagewood's feeling comprises many parts that make for a welcoming whole. As Wexler once said: “If you’re going to build a house, make sure you’re comfortable in it, that you love it, regardless of what anyone says. Do people like living there? If they don’t, you haven’t done a very good job.”
As laid out and built, Sagewood offers multiple pleasures that suggest it as a place to find the ineffable “good life.” The gracious proportions, various textures, volume, and massing make pleasing compositions, stepping up and back from grass to low shrubs to trapezoidal trash enclosures, warm patio walls, citrus trees and then

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52 shade overhangs, right-angled corners, and flat rooflines, the rooftop screen walls, the shiny palms and then, not too far off, the San Jacinto mountains. Turning from busy Sunrise onto E. Sandalwood Drive, often with most cars tucked away from the street, instantly gives a feeling of what the French call “luxe et calme.” In the early morning, it’s common to see groups of dog owners walking together. The pools are splash-happy busy on hot days, at least “in the season.” At night, when lights throw jazzy cactus shadows onto broad expanses of stucco, the effect is as dramatic as the stars and planets overhead. The subject property retains integrity of feeling.

ASSOCIATION
Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property’s historic character. For example, a Revolutionary War battlefield whose natural and man-made elements have remained intact since the eighteenth century will retain its quality of association with the battle. Because feeling and association depend on individual perceptions, their retention alone is never sufficient to support eligibility of a property for the National Register. The resource property remains closely associated with its beginning more than fifty years ago. Now, as then, the complex comprises owners who rent, owners who are year-rounders, and owners who use their condo as a vacation home for part of the year.

While real estate prices have increased plenty, condos here remain within reach of middle-class buyers, as was confirmed in the early 1970s. People here come from all backgrounds and walks of life – dancers, journalists, nurses, teachers, artists, Hollywood creatives, videographers, CPAs, bus drivers, and pastors, to name a few.

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53 Sagewood retains a low density that is fast disappearing in newer developments where land costs demand higher density and, often, two-story condos. It still combines the home-like privacy and seclusion of a private residence with shared amenities and easy access to the outdoors.

Sagewood continues to retain integrity of association from its period of Significance.

INTEGRITY SUMMARY
This report evaluated the 1972 Sagewood condominiums for eligibility as a historic district under the City Historic Preservation Ordinance. For the reasons outlined above, the subject property, one of the best and best-preserved multi-housing projects in master architect Donald Wexler’s influential portfolio of postwar Desert Modernism, is eligible for local designation as a historic district.

Sagewood is significant for its whole as a district built in the same year (1972) on a single parcel, and comprised of housing units, streetscape, hardscape, landscape, and shared community spaces. It was conceived, designed, laid out, and built as a low-density complex of 107 homes in twenty-seven buildings of four homes each, and it is as a whole that Sagewood constitutes a resource.

Despite small changes at individual units (house numbers, gates, doors, lights, a few rooftop solar installations) the resource retains to a remarkable degree its original defining characteristics (exterior materials and color, site plan, single-story buildings, proportions, massing, flat roofs, slumpstone walls, walkways, logo, generous cantilevered shade overhangs, large amounts of glass, ample greenspace and open areas, pools and spas).

Sagewood meets four of seven of the City of Palm Springs Criteria for Evaluation of historic districts. It “exemplifies a particular period of national, state or local history;” it “embodies the distinctive characteristics of a type, period or method of construction;” it “presents the work of a master builder, designer, artist or

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54 architect whose individual genius influenced his age, or that possesses high artistic value;” and it “represents a significant and distinguishable entity whose components may lack individual distinction.”
The individual resources in the proposed district also meet the criteria for integrity of location, design, setting, materials, workmanship, feeling, and association, as stipulated at 8.05.090C.2 of the ordinance.

APPENDIXES
I. GARDEN APARTMENTS CONTEXT STATEMENT
Garden Apartment Architecture: Origins, Evolution, American Adoption, and Coachella Valley examples
Garden Apartment architecture, a distinctive residential typology that blends the conveniences of urban living with easy access to nature and open green space, has its roots in early twentieth-century planning ideals. Originating from European urban reform movements, particularly Ebenezer Howard's work, this architectural form evolved through key influences in the United States. The Radburn Plan, developed by Clarence Stein and Henry Wright, played a crucial role in shaping the American version, particularly in the development of public housing projects. After 99-year leases were introduced on tribal land in 1959, these tenets were used for the Garden Apartment-type developments that soon proliferated in the Coachella Valley.

Ebenezer Howard and the Garden City Movement
The concept of Garden Apartments traces its philosophical and practical origins to the ideas proposed by Ebenezer Howard, an English urban planner and social reformer, in the late nineteenth and early twentieth centuries. In his seminal work, To-Morrow: A Peaceful Path to Real Reform (1898), later rebranded as Garden Cities of To-Morrow (1902), Howard introduced the concept of the "Garden City," a new kind of urban settlement that aimed to combine the best elements of both city and

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55 country living. His vision was to create self-contained communities surrounded by green belts with harmoniously integrated residential, commercial, and recreational spaces.

The Garden City model rejected the overcrowding and unsanitary conditions of industrial cities while avoiding the isolation of the rural countryside. Howard proposed that these communities should feature spacious residential neighborhoods with access to ample green spaces and agricultural land yet remain well-connected to larger urban centers via efficient transportation networks. This ideal, focused on providing healthy and pleasant living conditions for the working and middle classes, inspired many architects and planners worldwide.

The Three Magnets from Ebenezer Howard’s 1902 book “Garden Cities of To-morrow” While Howard’s garden cities were largely theoretical in scope, his ideas had a profound influence on urban and suburban planning worldwide.

The Radburn Plan: Clarence Stein and Henry Wright
The American adaptation of Howard's Garden City ideas took shape in the work of Clarence Stein and Henry Wright, two prominent architects and planners who sought to modernize urban living in the United States. In 1928, Stein and Wright

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56 developed the Radburn Plan, an influential residential layout that aimed to address the pressing issues of urban sprawl, traffic congestion, and the need for better access to open spaces.

The Radburn Plan, conceived for a new community in New Jersey named Radburn, adapted Howard's Garden City concepts for the American context. Radburn's layout was revolutionary in its emphasis on separating pedestrians and automobiles to enhance residents' safety and quality of life. Residential units were clustered, with buildings grouped around shared courtyards and communal green spaces, often referred to as "gardens" or "greens." The streets were designed to be carfree, with automobiles relegated to peripheral roads, keeping pedestrian paths central to daily life.

This plan emphasized the importance of nature in urban living. Extensive green spaces (designed by landscape architect Marjorie Sewell Cautley) surrounded Radburn residents, and parks were strategically placed throughout the community to promote recreation, relaxation, and a healthier lifestyle. The homes themselves, typically low-rise, two- or three-story Garden Apartments, were designed to offer privacy, light, and air, creating an environment conducive to social interaction and individual retreat.

The Radburn Plan, a landmark achievement in American urban planning, resonated with many architects and urban planners, and is still studied to this day.

The following key principles of the Radburn Plan were revolutionary in their approach to residential layout:

1. Separation of Pedestrian and Vehicle Traffic – “Towns for the Motor Age” The core idea of the Radburn Plan was the separation of pedestrian and vehicular traffic. This was achieved by designing streets where cars accessed homes via culde-sacs, keeping motor vehicles away from the main living areas. Pedestrians used dedicated pathways that ran through the center of the neighborhood, often alongside green spaces or communal areas. This arrangement enhanced the safety of residents, particularly children, and allowed for a more serene and walkable environment. Stein and Wright aimed to create a more pleasant and sustainable

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57 living experience where residents could move freely within the community without the constant threat of cars.

2. Superblocks
The Radburn Plan utilized superblocks — large parcels of land divided into smaller, more manageable enclaves. These enclaves were typically centered around cul-desacs, creating a network of pedestrian-friendly areas within each superblock. Each enclave had its own central green space or courtyard, which was designed as a gathering point for residents. Superblocks enabled greater privacy and reduced the volume of traffic passing through residential areas. This structure also facilitated the development of communal spaces and neighborhood interaction while maintaining a sense of separation from the surrounding urban environment.

3. Green Space Integration
Homes were oriented to face shared parks, gardens, or courtyards, maximizing residents' access to nature and providing central areas for relaxation and social gatherings. In many cases, these green spaces served as the “heart” of the neighborhood, where children played, families socialized, and the overall sense of communal life flourished.

4. Hierarchical Design
A hierarchical approach to design started with the smallest unit—the individual houses within each “enclave.” These homes were arranged around central green spaces or courtyards, creating small, semi-private zones within the larger neighborhood. These enclaves then combined to form blocks, which were further grouped into superblocks, ultimately contributing to the broader neighborhood structure. This allowed for a precise organization of spaces, with smaller, intimate areas providing privacy and larger, more communal spaces encouraging social interaction. The plan's structure made navigating the neighborhood easy, with distinct residential, recreational, and communal zones.

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58 5. Reduced Street Frontage
The amount of individual street frontage per house was minimized. The design reduced the need for long stretches of street-facing properties by utilizing cul-desacs (“garage courts”) and shared green spaces (“garden courts”). This not only enhanced the aesthetic quality of the neighborhood but also reduced the feeling of congestion that often accompanies traditional urban grid systems. With less emphasis on streets and more on green spaces and pedestrian pathways, the Radburn Plan created a more peaceful and expansive living environment, allowing for a greater connection to nature and a stronger sense of community.

Together, these principles of the Radburn Plan represented a significant shift in urban design, emphasizing the importance of green space, pedestrian accessibility, and the separation of vehicles from residential areas. The plan’s emphasis on creating self-contained, human-scale neighborhoods with clear spatial hierarchies and shared communal spaces influenced many subsequent housing developments, particularly in the United States.

The U.S. Adoption of Garden Apartment Models for Public Housing The Garden Apartment model was found to be fertile ground for application in the United States during President Roosevelt’s New Deal era. During the Great Depression, the federal government sought solutions to the widespread housing shortages and poor living conditions many urban dwellers faced. The Garden Apartment model was adopted by the United States Housing Authority (USHA) for planning public housing developments nationwide, as it offered a promising alternative to the dense, overcrowded tenements of the late nineteenth century, and for slum clearance.

Garden Apartments in Los Angeles
Los Angeles, a city known for its sprawl and complex housing challenges, has long been a prominent site for innovative architecture. The region’s USHA public housing Garden Apartment developments, designed by the leading architects and landscape architects of their day, were among the finest in the country.

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59 In the late 1930s, several privately funded Garden Apartment communities were built aimed at the middle-class. Garden Apartments in car-centric Los Angeles played a pivotal role in integrating Garden City principles with the city's distinct landscape and modern architectural trends, becoming an essential model for affordable, community-oriented housing.

WYVERNWOOD
The first of these was Wyvernwood, located in eastern Los Angeles, in the Boyle Heights area. Designed by architects David J. Witmer and Loyall F. Watson and landscape architect Hammond Sadler and completed in 1939, the “superblock” development contained 1,102 units in 143 buildings spread over approximately seventy acres. More than 75 percent of the property was devoted to open green space, lawns, trees, and recreational facilities.

The landscape and site plan were the stars, with architecture playing a supporting role. Therefore, the architecture was most often kept deliberately simple. The aesthetic simplicity of these buildings and their abundant surrounding greenery created a harmonious blend of urban and suburban living.

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60 BALDWIN HILLS VILLAGE
Baldwin Hills Village, located in Los Angeles, was opened in 1941 and is considered a prime example of Clarence Stein’s Garden City principles. Stein was the consulting architect, alongside lead architect Reginald D. Johnson, and Wilson, Merrill, and Alexander, Associated Architects. The landscape architect was Fred Barlow, Jr.

Baldwin Hills Village is a meticulously planned residential community spanning 67.7 acres and comprising 627 one-, two-, and three-bedroom units distributed across ninety-seven buildings. Designed as a single superblock with no through streets, it measures approximately 1,100 feet in depth and 2,500 feet long, enclosed by public roads. The layout arranges buildings around the perimeter to form alternating courtyards. This strategic design fosters a central green space made possible by the absence of through streets. Although garage courts connect the development to the surrounding streets, they are designed to limit vehicular intrusion.

The internal green spaces of Baldwin Hills Village are preserved for pedestrian use, with garage courts alternating with garden courts that face the central green. The front doors of all units open onto these courtyards or the central green rather than onto parking areas, ensuring a tranquil, pedestrian-friendly atmosphere. Each unit features an individual ground-floor entry, private patios, and, in some cases, balconies. The units are notably spacious, with larger-than-average living and bedroom areas for their time, functional but compact kitchens, fireplaces in many units, and separate dining rooms.

The landscape plays a fundamental role in the design, with three large greens totaling approximately 6.5 acres at the community's core, intended for passive recreation. The project dedicates more than 70 percent of its land to open space, reinforcing its aesthetic and social goals. Landscape architect Fred Barlow, Jr. employed drought-tolerant Mediterranean and native plants to delineate pathways, create privacy, and enhance the overall ambiance with a low-maintenance yet structured arrangement.

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61 Recognizing the growing reliance on automobiles, the development team sought to prevent cars from dominating the environment. Architect Robert E. Alexander articulated the goal at Clarence Stein’s direction, ensuring the automobile remained

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62 a "servant instead of a master," seamlessly integrating vehicle access without compromising the project's tranquility.

Baldwin Hills Village has received widespread acclaim for its innovative design. It was featured in the Museum of Modern Art’s "Built in the USA" exhibit in 1944 and recognized by the museum as one of the most significant architectural works in the country in 1946. That same year, it received a Distinguished Honor Award from the Southern California Chapter of the AIA. It was designated a Los Angeles Historic-Cultural Monument in 1977 and was later designated a National Historic Landmark in 2001. In the mid-1970s, the community transitioned to condominium ownership and was renamed Village Green, thereby solidifying its legacy as a pioneering model of residential planning and landscape integration.

PARK LA BREA
Although Park La Brea was not the first Garden Apartment community built in Los Angeles, it remains the largest and due to its central location in Mid-City, one of the most recognizable.

Constructed in 1944, "Parklabrea" (as it was initially known) is Southern California’s only multi-family development by the Metropolitan Life Insurance Company, which also created Parkmerced in San Francisco, Stuyvesant Town in Manhattan, Parkchester in the Bronx, and Parkfairfax in Alexandria, Virginia, among other notable developments.

At the time of its completion, the Los Angeles Times noted that the design of the complex was "in keeping with the California climate for outdoor recreation," with only 18 percent of the land allocated to buildings and every living room offering a view of a vast park.

Park La Brea’s architects, Leonard Schultze and Associates and Earl T. Heitschmidt, designed refined structures that present a modern take on the Colonial Revival style. The landscape, conceived by Tommy Tomson—who also shaped some of Los Angeles’s most notable landscapes, including Union Station—further enhances the community’s distinct character.

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63 While originally envisioned as a low-rise development featuring only two-story buildings, the postwar housing shortage prompted the addition of eighteen thirteen-story towers in 1950 on the site's eastern half. Park La Brea includes nearly 4,500 units today, making it the largest multi-family residential complex west of the Mississippi River.

GARDEN APARTMENT DEVELOPMENTS IN THE COACHELLA
VALLEY
After World War II, Garden Apartments became less common in Los Angeles due to the dearth of open space on which to build them, and public perception, which increasingly eyed them suspiciously as “socialist” housing. The influence of Garden Apartments proliferated in the Coachella Valley, however, especially after the 1959 signing of ninety-nine-year leases for Agua Caliente tribal land. The Agua Caliente Band of Cahuilla Indians has long held a deep connection to the land surrounding Palm Springs.

Like many Native American tribes, the Agua Caliente’s ability to control their land was severely limited for much of the twentieth century, primarily due to a complex history of dispossession and restrictive federal policies. One of the tribe’s most

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64 significant achievements was securing long-term leasing rights for their lands, first through twenty-five-year leases and later, in 1959, through ninety-nine-year leases.

These leases played a pivotal role not only in the economic empowerment of the tribe but also in shaping the future development of the Coachella Valley. The achievement of the ninety-nine-year leases opened vast swathes of land for development, transforming Palm Springs and the surrounding area into a booming resort and commercial hub. The distinctive checkerboard pattern of the tribe’s land, with the Agua Caliente owning every other square mile in the region, created unique opportunities and challenges for development and land use, shaping both the tribe’s future and the valley's growth.

Co-ops, “Own Your Owns,” Condominiums, and Garden Apartments The advent of long-term leases on tribal land coincided with the emergence of new concepts of homeownership aimed at the middle classes. The history of housing cooperatives (co-ops) and condominiums dates back centuries, with roots in collective ownership and community living arrangements. Housing cooperatives emerged in the nineteenth century as a response to the effects of industrialization and urbanization, particularly in Europe and the United States. Early co-ops were formed by workers who sought affordable housing through collective ownership.

By the early twentieth century, co-ops had gained popularity in major cities like New York, where limited-equity cooperatives were developed to provide affordable homeownership options for middle-class families and the management of exclusive high-end real estate for the wealthy.

Condominiums have an even older lineage, tracing back to ancient Rome, where multiple owners could possess individual units within a shared building. The modern condominium concept, however, gained prominence in the mid-twentieth century.

In the United States, the first condominium law was enacted in Puerto Rico in 1958, followed by the Federal Housing Administration’s endorsement of condominium ownership in 1961. This legal framework enabled individual ownership of units while maintaining shared responsibility for common areas, making condominiums a more attractive alternative to traditional homeownership.

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65 Los Angeles Times ad, November 20, 1955.

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66 Desert Braemar in a January 1, 1959 aerial photograph.

UCSB Frame Finder. Flight AXM_1959, Frame 6W-157
The first cooperatives created in the Coachella Valley also happened to be Garden Apartments. The first documented example was Desert Braemar, which opened in Rancho Mirage in 1957. Designed by architect John Lindsay, Desert Braemar would have 100 one-, two-, and three-bedroom units on a twelve-and-a-half-acre parcel. The structures were similar to those at Baldwin Hills Village: primarily twostory rowhouse buildings, with some units having one-story additions at the end, creating a more human-scale appearance. The site was a sizable wedge-shaped superblock with only two through streets; parking was either in garage courts accessed from the central through streets or in carports on the perimeter roads; an ample, landscaped open green space with pedestrian pathways served as the

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67 backbone of the property. The buildings had all primary living spaces facing garden courts, with secondary service rooms facing private patios. The heart of the community was a swimming pool, office, and community room.

Also in 1957, the Desert Holly cooperative apartments (now a Historic District) opened in Palm Springs. Although not technically a Garden Apartment (the site plan resembles a bungalow court), the relatively small complex of fourteen units on one acre features one-story bungalows surrounding a shared community space with landscaping and a swimming pool.

A typical court at Sandpiper. William Krisel Papers, 1935-2014, The Getty Research Institute, Los Angeles, Accession no. 2009.M.23 Once established, cooperative Garden Apartment developments began springing up all over the desert floor. The largest and most successful of these early Garden Apartment communities was Palmer & Krisel’s Sandpiper, which opened in phases beginning in 1958. Initially offered as “Own Your Own” units, later phases were advertised as condominiums. Construction was completed by 1969.

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68 Spanning forty-nine acres, Sandpiper consists of 306 units strategically arranged within eighteen distinct “circles.” These circles follow a thoughtful design approach that enhances both privacy and communal living. The residences within Sandpiper vary in size, ranging from 1,000 to 3,000 square feet. Architecturally, they include materials such as decorative concrete block, shadow block, and screen block—each showcasing unique textures and patterns. Additional distinctive elements include clerestory windows, extensive glass areas, detailed eave structures, and flat roofs.

In designing the site plan for Sandpiper, architect William Krisel was directly influenced by the design for Baldwin Hills Village, the most fully realized of Clarence Stein’s Radburn Plan principles.5 As an architecture student at the University of Southern California just before World War II, Krisel studied the development during construction. He later used those principles while planning Sandpiper. All of Stein’s Radburn Plan principles are present at Sandpiper:

Superblock – large parcels with few or no through streets, which consolidated green spaces for use by residents. Sandpiper is a forty-nine-acre superblock, surrounded by the main roads. Private service roads branch from these main roads, allowing residents to access the garage courts. These access roads and garage courts define the garden courts, which feature open landscaped areas.

Specialized roads – all auto circulation is on the perimeter – feature garage courts for storing cars. The residential units surround the eighteen garden courts, with parking located at the perimeter. These dead-end access roads serve as culde-sacs. 5 William Krisel, telephone interview with Steven Keylon, April 17, 2015.

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69 In this 1977 aerial, the eighteen “circles” (a.k.a. “garden courts”) at Sandpiper show how the first phases, beginning in 1958 (seen at right) feature smaller units, while the size of the Garden Apartments grew as subsequent phases were completed. UCSB Frame Finder. Flight TG_77V_2, Frame 77V-14, January 24, 1977.

Complete separation of pedestrian and automobile. Pathways within each residential circle provide safe pedestrian access, allowing users to avoid encountering automobiles.

Houses turned toward gardens and parks – this arrangement turned the structures outside in, placing the living room windows toward the green spaces.

The primary living rooms feature large sliding glass doors facing the garden courts, while secondary rooms like kitchens and bathrooms face the garage courts or access roads.

The park is the backbone – large green spaces dominate rather than streets.

The center of each of the eighteen circles features beautifully landscaped park areas, each with a unique swimming pool design and an adjacent pool pavilion serving as the community heart of each circle. Other public recreational amenities, such as

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70 pitch and putt courses and shuffleboard, are also included. Patios provide a private setting for interaction with the landscape.

Sandpiper was the gold standard of Garden Apartment development in the Coachella Valley and had a profound influence on all subsequent Garden Apartments.

Garden Apartment Principles For an Entire Community: Canyon Country Club
Following President Eisenhower’s landmark 1959 legislation that permitted ninetynine-year lease terms on Indian land, Canyon Country Club emerged as the most significant Indian lease land development in Palm Springs history. This law reshaped the local real estate landscape, signifying Palm Springs’ response to the growing trend of golf-driven, high-end residential developments migrating further down the valley.

The master plan for Canyon Country Club, charted by architects Wexler & Harrison, landscape architect David Hamilton, and golf course architects William Bell & Son, drew inspiration from the Garden City community design principles.

The principles of this movement were particularly well-suited to the unique desert environment of Palm Springs and the evolving leisure sports culture of the 1960s.

With more than 500 acres of land newly available due to the advent of Indian land leasing, Canyon Country Club was poised to become a premier community. When the master plan for the Canyon Country Club was developed, the developers carefully incorporated a range of diverse housing options to attract a broad spectrum of buyers. Alongside spacious lots for luxury single-family homes, they allocated large parcels near the golf course for a resort hotel, rental apartments, and cooperative “Own Your Own” apartments.

The first multi-family development within the Canyon Country Club neighborhood was the Canyon Country Club Colony, designed by architect Raymond Levanas in 1963-64. This complex bordered the lush green space of the golf course, setting the stage for future residential projects. Recognizing the potential of the area, developers like Roy Fey began acquiring leaseholds on adjacent tracts of land,

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71 leveraging the significant investments being made by First National Realty and Construction in building the subdivision’s infrastructure, including streets, singlefamily homes, a golf course, clubhouse, and a hotel.

Roy Fey’s Canyon View Estates (Palmer & Krisel, 1963–66) was one of the earliest developments to expand the master plan’s vision. Initially planned as a 225-unit complex, the development, built in multiple phases beginning in 1962, was reduced by forty-five units to incorporate additional open space, resulting in the lush, parklike environment that remains today. Built between 1963 and 1966, Canyon View Estates expanded on the master plan’s vision, offering an alternative to the traditional private homes with pools that characterized Palm Springs. As architect William Krisel noted, the development catered to a growing demand for lowmaintenance, stylish residences that were ideal for part-time inhabitants seeking the benefits of resort-style living without the burden of property upkeep.

In Palm Springs Life (July 2013), architect Krisel was quoted: “Roy Fey, who was my client and a builder, discovered he could get a piece of property near Canyon Country, and we could do a condominium there. He was, of course, thinking of a multistory apartment building, but I immediately said I didn’t think that was appropriate. I thought phasing from single-family homes to condos should be a gradual step where it really was a single-story building with your own individual front door and your own terrace and parking space, but there would be common recreational facilities such as swimming pools.”
An advertisement in the November 1965 issue of Palm Springs Life introduced “The Wonderful World of Canyon View Estates,” adding, “Prestige homes for people of prestige, who appreciate the very best. Spacious and fully carpeted, these homes are replete with custom cabinetry, all electric kitchens, private patios, individual carports and service areas — specifically developed by Roy Fey for those that enjoy carefree gracious living among gracious friends.”
Canyon View Estates was quickly followed by Philbert Corporation’s Country Club Estates (Jones & Emmons, 1964-65) and Dominick Sfregola’s Villa Roma (James Schuler & Associates, 1963-64). Each of these communities incorporated Garden City principles, adapting them to the desert setting with a strong emphasis on

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72 swimming pools as focal points for social and recreational life. With their harmonious blend of architecture and landscape, these developments reinforced Canyon Country Club’s identity as a premier residential destination.

As the 1960s transitioned into the 1970s, the Canyon neighborhood continued to evolve, offering increasingly sophisticated amenities. Roy Fey’s Canyon Estates (Charles Du Bois, 1969–76) exemplified this trend, featuring its own golf course, clubhouse, and community tennis courts, which by the early 1970s had become a defining feature of luxury desert living. These developments emphasized a carefree, resort-style existence where homeowners could enjoy well-maintained communal spaces without the burden of exterior maintenance.

Integrating golf courses, swimming pools, and tennis courts within these residential complexes created a seamless blend of natural beauty and recreational opportunities. The abundant green spaces, combined with meticulously designed landscaping, enhanced the neighborhood's aesthetic appeal, further solidifying Canyon Country Club’s status as an idyllic retreat within Palm Springs.6 6 Treinen, Steve. Canyon Country Club: History and Design of Palm Springs' Garden of Eden, Palm Springs Preservation Foundation, 2025.

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73 II. RIVERSIDE COUNTY ASSESSOR’S MAP

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75 III. SAGEWOOD GOOGLE EARTH VIEW

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76 IV. SAGEWOOD SITE PLAN WITH ADDRESSES

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78 V. SAGEWOOD UNIT NUMBERS/APNS
Below are the street addresses, APNs, square footage, and other data for all 107 units at Sagewood. The yellow highlight indicates two units on Cerritos that were combined into a single condominium around 2019.

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81 VI. SAGEWOOD HISTORIC PRESERVATION PLAN
This historic preservation plan for Sagewood includes these recommended improvements that should be coordinated with the city’s Historic Preservation Officer:

1. Enforce standards for window and sliding door replacement with the proper architecturally approved, anodized bronze frames.

2. Ensure that when gates to patios and entry courts are replaced, they do not include excess ornamentation and adhere to architectural guidelines.

3. Recommend HVAC units that are lower in height as replacements for expired units so as to minimize the units’ appearance above the existing rooftop enclosures.

4. Enforce the stipulated HOA colors when replacing front doors, security doors and garage doors.

5. Establish uniformity (in size and style) of address numbers on Sagewood buildings when the campuswide repainting project commences in the near future.

6. Hire a landscape designer familiar with the landscaping projects of Donald Wexler to bring Sagewood’s green space into accordance with California State Assembly Bill No. 1572 regarding drought–mitigation standards beginning in 2029.

7. Replace on a one-to-one basis dead trees with drought-resistant species that are as similar to the originals as possible.

8. Recommend that rooftop solar panels be angled as low as possible to minimize their visual impact on Sagewood’s flat roofs.

9. Repair and maintain fascia, stucco, and slumpstone fencing to retain the architectural character of Sagewood.

10. Maintain, repair, and replace the original lollipop lights on the streets and borders of Sagewood.

11. Enforce the architecturally approved door handles for all replacements on front doors.

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82 12. Continue to require Sagewood homeowners to file required variances for all exterior changes to units for approval by the Sagewood board and its architecture committee, working with city preservation officials.

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83 After some years under another owner, Trav Rogers and partners reopened Rogers Ranch in 1951, hosting private parties, trail rides, fundraisers, dances, and barbecues. The two-story brick and adobe building dates to the late 1930s. It was across Sunrise from the Sagewood condos and is now the site of the Ranch Club condos. (1951 photo by Gayle Studios for the Desert Sun)
VII. TRACT HISTORY
Early Days at Sunrise and Vista Chino
When it opened, Sagewood stamped a new character on its immediate surroundings, turning the area on Sunrise Way south of Vista Chino from sparsely developed Recreational Wild West to handsome, low-slung Desert Modern Residential.

Trav Rogers, a colorful civic booster, crooner, rodeo promoter, and entrepreneur, rode into Palm Springs in the late 1920s. He and others formed the Desert Riders for fans of horseback riding. The group attracted numerous civic leaders and radio and film stars. After buying land across N. Sunrise Way from the future Sagewood site, Rogers and partners later developed Rogers Ranch (“Where the West Still Lives”). Sagewood’s neighborhood is known

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84 today as Rogers Ranch. Vintage photographs show large gatherings at the property, which featured a two-story adobe-style building flanked by stables.

Attractions included trail rides, rodeos, a restaurant, bar, barn dances, concerts, and cookouts that drew dude ranchers, horse people, city slickers, and movie stars.

The late 1940s saw the establishment of the memorably named Mink and Manure Club, founded by Rogers and actor Bill Gargan, and Noel Clarke’s Ranch Club. Regulars at these hot spots may have sported Stetson hats and tooled leather boots but they were more Rhinestone Cowboy than homeon-the-actual-range. Famous club members included Bing Crosby, Ginger Rogers, Jackie Cooper, and Clark Gable. Always game for a PR stunt, Gargan in 1948 announced an annual contest to name a Miss Mink and Manure.

This all took place in the neighborhood where Wexler lived. “The Ranch Club was just down the street from our house,” Donald Wexler recalled in “The Good Life.” In 1955, he built a glassy modern post-and-beam house on Verbena, where he and his wife, Lynn, lived for thirty-eight years and raised three sons — Glen, Gary, and Brian. “Before we had an in-ground pool, we spent a lot of time there. All our home movies show us at the Ranch Club pool with the other families. It was a good life, living in Palm Springs.” Gary Wexler remembers riding his Stingray bike on open land that later became home to Sagewood.

First with partner Richard Harrison and later with his own firm, Wexler in the 1960s realized some of his best-known commissions, notably the pathbreaking prefabricated Steel Homes and the Palm Springs Airport main

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85 terminal. Wexler’s handsome, understated 1963 Palm Springs Medical Center across the street from Sagewood was later overbuilt by Desert AIDS Project, removing from view any vestiges of the spare horizontal building with slender columns supporting a street-facing shade portico.

Trav Rogers partied at the reopening of his Rogers Ranch in 1951 with his wife, Winnie, at right. (Desert Sun photo by Gayle Studios) Levitt & Sons Buys Land
By the early 1970s, Rogers Ranch was gone, and a new Spanish-style condo development, called the Ranch Club, opened on the site.

At about this time, Levitt & Sons, the large East Coast home builder, staked a claim in the burgeoning Southern California real estate market. It opened a

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86 California branch and bought eighteen largely undeveloped acres near the northwest end of the runway of Palm Springs Airport.

Preferring a Palm Springs architect to one from Los Angeles or elsewhere, Levitt & Sons hired Wexler to develop a site plan and design for a condo complex on the land.

Since Sagewood opened, condo development has continued, moving gradually northward toward Racquet Club and San Rafael.

Sagewood’s designer, Donald Wexler, is widely acknowledged to be one of a small group of architects who put Palm Springs on the map as a mecca for midcentury modernism.
“Wexler sealed the link between progressive architecture and the city’s self-image,” wrote the Los Angeles Times’ architecture critic in a 2015 obituary for Donald Wexler.

Wexler was involved with the look and feel of Sagewood to a degree not always seen in such developments, beginning with a highly evolved and thoughtful site plan, creation of the gently curved East Sandalwood Drive through the middle of the superblock complex, and proceeding through the exterior elevations, the four-unit “pod” system used throughout, as well as the floor plans for the four basic interiors, and the patios.

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87 Clinics and a pharmacy were part of Wexler’s gracefully porticoed 1963 Palm Springs Medical Center, across from the current-day Sagewood condos. Now overbuilt as part of the Desert AIDS Project. (Photos courtesy of Wexler archive at Cal Poly Pomona)
Wexler homes and buildings are routinely featured during popular Modernism Week tours and events, including at Sagewood. He has been the subject of several books, monographs, museum exhibitions, and a documentary film.

In 2012, Wexler’s prefabricated Steel House No. 2 on the north side of town was placed on the National Register of Historic Places, the first midcentury modern building in Palm Springs to achieve that status.

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88 VIII. DESIGN GUIDELINES
The city stipulates that a historic district shall have design guidelines that include “development standards, aesthetic standards and approval criteria that assist in preserving the character of the district and contributing structures therein.” (8.05.090A3b)
The subject property’s Homeowners Association has detailed architectural guidelines that owners may use to steer decisions about exterior renovations, maintenance, and improvements to their properties. The guidelines, available on the owners’ portal and upon request, were most recently updated and approved by the Board in October 2023.

The guidelines objectives are as follows:

This document is a guide for the members of the Sagewood Homeowners Association (“HOA”), the Architectural Committee (“AC” or “Committee”), the Sagewood Board of Directors (“Board”), and Sagewood homeowners for presenting applications for and making decisions regarding proposed architectural and landscape improvements. These Guidelines are not intended to be all inclusive and it is ultimately up to the Board of Directors to determine whether a proposed improvement meets the criteria and objectives under the Sagewood Bylaws, Restated Declaration of Establishment of Covenants, Conditions and Restrictions for Sagewood Homeowners Association (CC&Rs) and all other governing documents.

Sagewood is a mid‐twentieth-century residential community, designed by Donald Wexler, which reflects regionally oriented contemporary architecture inspired by the International Style, now popularly called “Desert Modern” or “Mid‐century Modern.” The intent of these Guidelines is not to inhibit individuality and creativity, but to promote continuity and preserve Sagewood’s unique mid‐century design, while improving the

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89 appearance and enhancing the overall aesthetics and living environment within Sagewood. These Guidelines apply to all external alterations, including landscaping, made by homeowners.

Sagewood owners who wish to make exterior changes to their units must first file a variance request with photos, renderings, diagrams, mechanicals, and project scope to the HOA’s Architecture Committee through Sagewood’s management company. The committee evaluates each request “as to whether such improvement is compatible with Sagewood’s unique mid‐century architectural design and style, quality of workmanship, size, use of materials, color and construction details relative to surrounding Private Residences and Sagewood as a whole.” Using this criteria, the Architecture Committee recommends to the Board either approval or disapproval. In cases where a variance is denied, the committee typically advises the owner about needed modifications to the proposed work. The final decision on all such variance requests rests with the full Board. If approval is granted, the owner is required to have the work done in a prompt and professional manner with licensed contractors.

The Architectural Guidelines cover larger projects such as rooftop HVAC systems, sliders, rooftop solar, windows, doors, patio walls, carports, garages, and landscaping, as well as smaller ones like lights, gates, house numbers, paint colors, and EV car hookups.

These guidelines are updated and revised as needed to reflect changing times, such as the growing popularity of renewable energy sources, including rooftop solar panels.

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90 IX. NEIGHBORHOOD OUTREACH AND MEETINGS
As required by the City, the subject property has conducted extensive outreach and education prior to submitting this application for Historic District status.

In 2023, following lengthy discussions among Board members, Architecture Committee members, and owners over the past year, all owners were emailed a set of Frequently Asked Questions regarding the process and implications of seeking Historic District status. The FAQ was posted to the owners’ website and updated as new information became available. It provided information about the designation process and its implications for owners, renovations, real estate values, the future of the Wexler design, the Mills Act, potential costs to owners, and more.

Three well-publicized meetings were held with owners and Historic Preservation city officials Ken Lyon and Sarah Yoon.

At meeting one (9/20/23, with several Board members and twelve Sagewood owners present), Ken Lyon presented about the process, intent, and guidelines of historic designation for “places of historic significance.” He answered questions about whether exterior changes would be more restrictive under designation.

At meeting two (9/27/23, with seventeen homeowners present), Sarah Yoon reviewed criteria for designation and reviewed costs and details of getting a Certificate of Appropriateness from the city for exterior changes in a historic district. As outlined, some “blanket variances” would allow the HOA to approve variances for oft-requested changes such as new windows, sliders or doors without added fees to owners. The city is revising its Mills Act guidelines, Yoon said, to stress that money saved by Mills Act property tax relief is to be used over time by owners to make exterior property improvements aimed at preserving and maintaining the place’s architectural significance.

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91 At meeting three (10/4/23, with thirteen owners present), Sarah Yoon discussed the designation timeline and took questions about its impact on landscape changes and the cost of applying for a Mills Act contract for owners in a historic district.

With support of a supermajority of Sagewood owners, and with detailed architectural guidelines already in place, gaining historic district status would preserve and extend the life of a unique place that both reflected its immediate past and had an outsized influence on the region and the country.

X. HISTORICAL DOCUMENTS
One of the 1972 building permits issued to Levitt & Sons of California for the condo residences.

Based on the area notation (4.992 square feet), this permit would have been for one of the four-unit structures on the corner of Chia and Cerritos, which has three-bedroom units larger (at 1,248 square feet each) than the 1,050 square feet, two-bedroom ones. Two requests were made to Palm Springs for original building permits at Sagewood and this is the only one they returned that was dated 1972.

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92 This October 1971 map (of Section 12, Tract 4432) from the City Planning Department shows the overall layout of Sagewood, including the new road, Sandalwood Drive, that divided the site into three setions spanning a superblock between Sunrise Way and Cerritos. As built, no roadway connected Chia to Sandalwood at midblock.

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93 Screenshot of [undated] early map of Sagewood showing addresses, rough site plan and pools.

Screenshot 2024-10-29 at 12-04-50 AEX32 Print - Sagewood Condos_Microfilm-5.pdf.png

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94 XI. CONTEMPORARY PHOTOGRAPHS
The west end of Sagewood’s largest green belt, looking west, with original lollipop lights and angled walking paths. Taller trees and palms at the center step down to shrubs and cactus nearer to the walls of individual units. (Photo by Claude Peck)

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95 Lights and plantings enhance Sagewood’s after-dark appeal. This unit on Chia has the distinctive corner windows and carport. The metal gate at left is not original. (Photo by Claude Peck)

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96 A slumpstone wall is a dramatic backdrop to the shadow of an agave.

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97 A large patio enclosed by slumpstone walls at a two-bedroom unit is typical at Sagewood, where the outdoors can be enjoyed privately or in shared pools and green spaces. Roof overhang helps shade full-height glass at right. (Photo by Claude Peck)

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98 Post-and-beam construction expressed at the garage of a two-bedroom unit with recessed entry, newer gate, desert planting and rooftop HVAC enclosure. The stucco is a slightly lighter color than the Douglas fir strips.

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99 The replacement gate at this two-bedroom unit is one that has been used by other owners, with approval of the Sagewood Architectural Committee and Board. Guidelines ask that gates be simple, unadorned and of the same height as the adjacent block walls. The simple, sans serif address numbers are in keeping with a desire to have those be consistent throughout the complex
over time. (Photo by Claude Peck)

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100
Carports and half-height living room windows are features of units along Chia. (Photo by Claude Peck)

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Wexler’s preference for residential fenestration is shown in above two images. Top shows smaller windows (one in kitchen, one in the guest bedroom) facing the drive, and above shows full-height windows and sliders facing the patio and shared green space. (Photos by Claude Peck)

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An entry court at a two-bedroom condo in a “B Type” building. The metal security door is newer, with the original door recessed behind it. The shared garage is at left, and the wall in the background separates this entry court from a light court at the neighboring condo. (Photo by Claude Peck)

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As originally drawn, most of the slumpstone patio walls, like this six-foot-high one on E. Sandalwood Drive, had slender wooden inserts at the corners. The citrus trees are inside the patio. (Photo by Claude Peck)

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Wexler specified evenly spaced decorative screeds, or vertical lines, for larger expanses of the troweled stucco, as seen here along E. Sandalwood Drive. This subtle element adds interest while remaining modern and minimal. (Photo by Claude Peck)

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Predawn view of units along Cerritos, with tall trees behind. This four-unit “pod” has a flat rooftop HVAC enclosure, as opposed to the slightly angled ones elsewhere. (Photo by Claude Peck)

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Angular walking path zigzags through interior greenbelt planted with palm, Aleppo pine and more. The lollipop lights are original. View looks to the west pool/spa and San Jacinto range. (Photo by Claude Peck)

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107

Double entry doors above, including the matching door handles, are original to some units. Current architectural guidelines advise against the scrollwork detail on the newer iron gate. (Photo by Claude Peck)

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Newer gate (at left), with shade overhangs, full-height windows looking onto the park, and a slightly slanted rooftop enclosure to disguise HVAC units. (Photo by Claude Peck)

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Character-defining features of Donald Wexler’s Sagewood include right angles, play of sunlight and shadow, cantilevered roof extensions, slumpstone enclosures for private patrios, and orientation to shared green spaces. (Photo by Claude Peck)
XII. BIBLIOGRAPHY
Books
Baron, Nancy, et. al., The Good Life: Palm Springs, Berlin, 2014 Bricker, Loren Weiss and Sidney Williams, Steel and Shade: The Architecture of Donald Wexler, Palm Springs Art Museum, 2011 Culver, Lawrence. The Frontier of Leisure: Southern California and the Shaping of Modern America, Oxford University Press, 2010.

Hess, Alan, et. al.,The Palm Springs School: Desert Modernism 1934-1975, Rizzoli, 2025 Howard, Ebenezer, Garden Cities of To-Morrow, Swan Sonnenschein & Co., 1902.

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McGrew, Patrick, Donald Wexler: Architect, Palm Springs Preservation Foundation, 2010
Menrad, Chris, and Creighton, Heidi, William Krisel’s Palm Springs:

The Language of Modernism, Gibbs Smith, 2016
Peck, Claude, Sagewood: Donald Wexler’s Oasis for Living, 2022 Schnepf, James, Palm Springs Modern Living, Gibbs Smith, 2015 Stein, Clarence, Toward New Towns For America, Liverpool, U.P., 1951 Studies
City of Palm Springs Citywide Historic Context Statement, 2018 Horak, Katie; Keylon, Steven; Chase, C.E., Garden Apartments of Los Angeles, Historic Context Statement, Los Angeles Conservancy, 2012 Kane, Holly; Keylon, Steven; Loe, Sara, The Village Green: Cultural Landscape Report, Village Green Owner’s Association, 2013.

Archives
Palm Springs Art Museum, Architecture and Design Center Palm Springs Historical Society
ENV Archives & Special Collections, Cal Poly Pomona, College of Environmental Design
Hennepin County Library, Minneapolis Special Collections University of Minnesota School of Architecture and Design Interviews
Sidney Williams, author and design curator
Alan Hess, author and architecture historian
Gary Wexler, son of Donald Wexler
Ron Gregory, landscape designer
Steven Keylon, author, historian, preservationist
Robert Alexander, professor of architecture, director of CalPoly Pomona archives

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Newspapers
Desert Sun
Los Angeles Times
New York Times
San Bernardino Sun-Telegram
Magazines
Palm Springs Life
Architectural Record
Internet Resources
Newspapers.com
Pspreservationfoundation.org
USmodernist.org

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ATTACHMENT D
(HSPB Resolution, Report, Minutes)

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HISTORIC SITE PRESERVATION BOARD

STAFF REPORT
DATE: January 6, 2026 PUBLIC HEARING
SUBJECT: AN APPLICATION BY SAGEWOOD HOMEOWNERS ASSOCIATION FOR HISTORIC DISTRICT DESIGNATION OF THE “SAGEWOOD
CONDOMINIUMS” LOCATED SOUTH OF NORTH SUNRISE WAY AND
EAST VISTA CHINO, HSPB #166 / HD-13, APN: 507-421-033 (SY).

FROM: Department of Planning Services

SUMMARY
The Sagewood Homeowners Association is seeking historic district designation for a residential condominium complex known as Sagewood Condominiums. Architect Donald Wexler designed the complex and the landscape design is attributed to landscape architect David Hamilton.

If designated as a historic district, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution HSPB #166, “A RESOLUTION OF

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “SAGEWOOD CONDOMINIUMS” LOCATED SOUTH OF NORTH

SUNRISE WAY AND EAST VISTA CHINO, AS A HISTORIC DISTRICT, HSPB#166 / HD-13, SUBJECT TO CONDITIONS, APN FOR ALL UNITS: 507- 422-001 TO 0042, 507-422-044 TO 507-422-077, 507-421-001 TO 507-421-0032, AND 507-421-0033”.

BACKGROUND AND SETTING:

Completed in 1972, Sagewood Condominiums was developed on an 18-acre site with a single street through the development connecting Cerritos Road to Sunrise Way. The well-known East Coast residential developer Levitt & Sons collaborated with Wexler who designed the buildings in the Mid-century Modern aesthetics. By the late 1960s and into the 1970s, condominium-style multi-family residential development adopted a new design

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Historic Site Preservation Board Staff Report: January 6, 2026 HSPB-166 / HD-13 – Sagewood Condominiums