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Noise Level
(dBA)
Residential, Low Density (R-E, H-R, R-L-2,
R-L-3)
7:00 a.m. to 6:00 p.m. 55
6:00 p.m. to 10:00 p.m. 50
10:00 p.m. to 7:00 a.m. 45
Residential, Medium and High Density, Hospital,
Open Space (OS, R-M, R-H, MHP)
7:00 a.m. to 6:00 p.m. 60
6:00 p.m. to 10:00 p.m. 55
10:00 p.m. to 7:00 a.m. 50
Commercial Office, Resort Commercial, Mixed
Use, Institutional (O, P, Rs-H, M-U)
7:00 a.m. to 6:00 p.m. 65
6:00 p.m. to 10:00 p.m. 60
10:00 p.m. to 7:00 a.m. 55
Commercial Neighborhood, General Commercial,
Commercial Recreation, Light Industrial (C-N,
C-G, I-L)
7:00 a.m. to 6:00 p.m. 70
6:00 p.m. to 10:00 p.m. 65
10:00 p.m. to 7:00 a.m. 60
B. For cumulative periods of time less than thirty minutes in an hour, all the noise standards in Table A-1 are increased according to Table B-1.
Table B-1
Duration of Sound dBA Adjustment
15—30 minutes per hour + 3
10—15 minutes per hour + 5
5—10 minutes per hour + 10
1—5 minutes per hour + 15
Any period of time less than 1 minute per hour + 20
C. If the measured ambient noise level exceeds the dBA limits in Table A-1, the noise limits and their adjustments for the first three categories in Table B-1 shall be increased in five dBA increments as needed to encompass or reflect said ambient noise level. The maximum noise level under the last two categories in Table B-1 shall be increased, if necessary, only to equal the ambient noise level. (Ord. 1015 § 2, 2011; Ord. 633 § 1(Exh. A), 1995)
8.45.040 Noise level measurement.
A. The location selected for measuring exterior noise levels shall be at the point of the property line of the affected property nearest the alleged offending noise source. If possible, the ambient noise shall be measured at the same location along the property line.
B. If the measurement location is on a boundary between two different locations, the noise level limit applicable to the lower noise zone shall apply.
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C. Upon receipt of a complaint or a request to investigate, the code compliance officer, equipped with an American National Standards Institute Type 2 or better sound level meter, may investigate the complaint.
The investigation shall consist of measurements and the gathering of data to adequately define the noise problem and shall include the following:
1. Type and measurement of noise source;
2. Location of noise source relative to complainant’s or affected property;
3. Time period during which noise source is considered to be intrusive;
4. Total duration of noise levels measured;
5. Date(s) and time(s) of noise measurement survey. (Ord. 633 § 1(Exh. A), 1995)
8.45.050 Special provisions and exemptions.
The following activities and noise sources shall be exempted from the provisions of this chapter:
A. School bands, school athletic and other activities occurring on a school campus; B. Outdoor gatherings, dance, shows, entertainment for events authorized through the city’s special events process;
C. Activities conducted in public parks and public playgrounds that are dependent upon such facilities for their operation;
D. Any emission of sound for purposes of alerting persons to an emergency or the general emission of sound during performance of emergency work;
E. Construction, alteration, repair, grading or improvement of any building, structure, road or improvement to real property for which a permit has been issued by the city if said construction occurs within the allowable hours set forth in Section 15.04.030(A)(10); F. The operation of any equipment and machinery at any time within any zone by the city, its employees, or any agent or franchisee of the city in the course of performing maintenance, construction or trash collection. (Ord. 633 § 1(Exh. A), 1995)
8.45.060 Additional prohibition.
It is unlawful and a nuisance for any person to keep, maintain or permit upon any lot or parcel of land within the city under his or her control any animal, including any fowl, which by any sound or cry shall habitually disturb the peace and comfort of any person in the reasonable and comfortable enjoyment of life or property. (Ord. 633 § 1(Exh. A), 1995)
8.45.065 Landscape maintenance.
A. It is unlawful and a public nuisance for any person to permit or perform for-hire landscape and non- emergency exterior hardscape maintenance activities such as, but not limited to, tree trimming, re-seeding, lawn mowing, leaf blowing, dust and debris clearing and any other landscaping or nonemergency exterior hardscape maintenance activities which utilize any motorized saw, sander, drill, grinder, leaf-blower, lawnmower, hedge trimmer, edger, or any other similar tool or device any time on Saturday and Sunday and between the hours of six p.m. and seven a.m. the next day during weekdays, unless otherwise provided in this section.
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B. The regular mowing or grooming of golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be exempt from the restrictions set forth in this section. The allowed work hours for mowing or green preparation for golf courses, grass tennis courts, grass croquet courts, and lawn bowling areas shall be between five thirty a.m. and seven p.m., seven days per week and during all seasons of the year.
C. Nothing set forth in this section shall permit any person from engaging in any activities that exceed the exterior noise level limits set forth in Section 8.45.030 or otherwise constitute a public nuisance as set forth in Section 14.60.325 of the Municipal Code. (Ord. 979, § 1, 2009; Ord. 936, § 3, 2006)
8.45.070 Administration.
The noise control program established by this chapter shall be administered by and is the responsibility of the code compliance division as directed by the director of the community development department. (Ord. 633 § 1(Exh. A), 1995)
8.45.080 Violations and enforcement procedures.
Violations of this chapter are declared to be a nuisance and subject to the procedures, remedies and penalties set forth in Title 14. (Ord. 916 §4, 2006; Ord. 633 § 1(Exh. A), 1995) View the mobile version.
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PSBS#T839
9 The
Spaniacris
Gr,asshopper
is
found
primarily
along
the
old
shoreline
of
Lake
Cahuilla
at
the
sea
level
contour.
Although
not
identified as
a Species
of
Concern
by
the
U.S.
Fish
and
Wildlife
Service
or
California
Department
of
Fish
and
Game,
this
is
an
insect
with
a rather
restricted
range
as
far
as
is
known,
and
is
one
of
the
unique
invertebrates
of
the
Coachella
Valley.
Neither
grasshopper
nor
the
other
sand
specialist
insects
occur
on
the
project
area
due
to
the
lack
of
substantial
blow
sand
substrate.
A
large
blow
sand
area
~oes
occur,
however,
to
the
north
of
the
site
near
by
the
highway
billboard.
Fish Desert
Pupfish
( Cyprinodo'n
macularis)
This
fish
is
known
from
aquatic
habitats
in
the
Pushawalla
Canyon
and
Thousand
Palms
Oasis
region,
to
the
northeast
of
the
project
area.
Habitat
for
this
fish
species
does
not
occur
in
the
project
area.
Herptiles Flat-tailed
Homed
Lizard
(Phrynosoma
mcalli)
•
In
the
Coachella
Valley,
this
species
of
homed
lizard
inhabits
the
dunes
and
sandy
flats
and
is
often
found
living
sympatrically
with
the
Coachella
Valley
Fringe-toed
Lizard
Required
microhabitat
consists
of
areas
of
fine
sand,
and
often
this
species
is
found
in
extremely
barren
habitat
(Stebbins
1985,
Foreman
1997).
No
homed
lizards
or
signs
thereof
were
observed
along
the
project
area
Coachella
Valley
Fringe-toed
Lizard
(Uma
inornata)
This
species
of
lizard
is
endemic
to
the
Coachella
Valley,
and
is
restricted
to
fine,
loose,
windblown
sand
dunes,
flats,
riverbanks,
and
washes
of
the
Coachella
Valley
(Stebbins
1985).
Suffering
greatly
from
the
development
that
characterizes
the
Coachella
Valley,
this
species
has
lost
over
75%
of
its
habitat
(Stebbins
1985).
Required
habitat
contained
within
the
project
area
is
also
limited
to
loose
windblown
sand.
The
isolation
of
this
area
of
suitable
habitat
significantly
limits
migration,
immigration,
and
expansion
of
any
populations
that
could
exist.
In
terms
of
genetic
fitness,
a population
would
face
a difficult
if
not
impossible
road
of
survival
in
the
long-term
outlook.
No
'individuals
or
signs
thereof
were
observed.
Desert
Tortoise
(Gopheris
agassizii)
This
reptile
occurs
to
the
east
in
the
Chuckwalla
Mountains
area,
and
to
the northwest
in
the
vicinity
of
Whitewater,
but
these
locations are
many
miles
away
and
in
very
different
habitats
from
the
project
area.
A
small
population also
apparently
occurs
in
the
lower
portion
of
"Dead
Indian
Canyon"
in
the
City
of
Palm
Desert,
in
sandy
and
rocky
alluvial
outwash
plain
soils,
totally
unrelated
to
the
soils
on
the
subject
site
and
many
miles
away.
Suitable habitat
for
this
species
is
lacking
in
the
project
area.
Pacific
Southwest
Biological
Senices,
Inc
7-1344
PSBS#
T839
Birds Le
Conte's
Thrasher
(Toxostoma
leconte"i)
.
A
resident
of
the
Creosote
Bush
and
cholla
cactus
habitat
associations,
this
light-colored
bird
blends
in
with
the
light-colored
sandy
soils
.that
exist
where
this
bird
does.
Surveys
for
this
species
of
bird
were conducted
in
both
the
mornings
and
evenings.
These
times
were
chosen
because
this
is
when
they
are
most
active
feeding
on
the
insects
which
are
around
during
the
cooler
parts
qfthe
day
(Udvardy
1994).
No
individuals
were
located
during
the
~ey.
Crissal
Thrasher
(Toxostoma
eris
sale)
1bis
bird
is
a state
Species
of
Concern.
A
1922
occurrence
was
reported
near
Thermal,
California.
Habitat
for
this
bird
is
not
present
in
the
project
area.
I
Borrowing
Owl
(Speotyto
cunicularia)
A
wide-spread
species
that
is
one
of
the
most
diurnal
of
all
owls,
these
animals
are
usually
observed
perched
near
the
entrance
of
their
borrow
(Udvardy
1994).
These
animals
are
highly
adaptive
and
have
had
tremendous
success
living
in
and
around
airports
as
well
as
vacant
lots.
Three
Burrowing
Owls
were
observed
inside
the
locked
fences
of
the
electrical
substation
5 .1
miles
west
of
Dillon
Road
on
the
north
side
of
the
Interstate
10 several
miles
east
of
the
project
area.
Occupied
nesting
habitat
of
the
owl
is
not
present
in the
project
area
currently.
Mammals Coachella
Valley
Round-tailed
Ground
Squirrel
(Spermophilus
terelicaudus
chlorus)
The
Coachella
Valley
Round-tailed
Ground
Squirrel
(CVRTGS)
is
a small,
gray
to
olive
colored
rodent
that
reaches
a length
of
just
over
10 inches.
Typical
habitat
types
for
the
Round
tailed
Ground
Squirrel
(Spermophilus
t.
tereticaudus),
of
which
the
CVRTGS
is
a subspecies,
throughout
the
southwest
are
open
desert
flats
which
support
the
following
vegetation
types:
.
Desert
Succulent
Shrub,
Desert
Wash,
Desert
Scrub,
Mesquite-
and
Creosote
Bush-dominated
Sand
Dunes,
Creosote
Bush
Scrub,
Creosote
Bush-Palo
Verde
and
Saltbush/Alkali
Scrub
which
support
herbaceous
growth.
Substrates
range
from
wind
blown
sand to
coarse
sand
and
packed
silt
with
a cover
of
pebbles.
The
range
of
the
CVRTGS
overlaps
with
that
of
the
Antelope
Ground
Squirrel
(Ammospermophilus
/eucurus)
in
the
lower
Deep
Canyon
floodplain
near
Palm
Desert.
CVRTGS
tend
to
be
colonial
with
populations
concentrated
in
some
areas
and
widely
scattered
in
others.
The
call
of
the
animal
is
a high-pitched
peep
sound
which
the
squirrel
produces
about
every
15 seconds
when
undisturbed.
Known
localities
for
the
CVRTGS
range
from
the
vicinity
of
Mecca
I)orthward
through
Coachella,
Palm
Desert,
Thousand
Palms,
Palm
Springs
to
Palm
Springs
Station
near
the
confluence
of
the
Whitewater
and
San
.Gorgonio
Rivers,
west
to
Windy
Point.
All
museum
records
date
prior
to
1954.
The
CVRTGS
was
considered
as a
Category
2 federal
candidate
prior
to
abolition
of
that
category,
as
well
as
a Species
of
Special
Conceip
by
the
California
Department
of
Fish
and
Game.
Pacific
Southwest
Biological
Services,
inc
7-1345
PSBS#T839
•
Suitable
habitat
for
this
endemic
rodent
does
not
occur
in
the
project
area
and
no
CVRTGS
or
its
signs
were
observed
on
the
project
area.
Palm
Springs
Little
Pocket
Mouse
(Perognathus
panimintinus
bangs,)
11 The
Palm
Springs
Little
Pocket
Mouse
(PSPM)
is
one
of
seven
subspecies
of
Perognathus
longimembris,
the
"Silky
Pocket
Mice",
that
occur
in
southern
California.
The
species
is
the
smallest
member
of
the
family
Heteromyidae
that
also
includes
kangaroo
rats,
kangaroo
mice,
and
spiny
pocket
mice.
Habitat
of
the
PSPM
has
never
been
specifically
defined,
although
Grinnell
(1933)
indicates that
the
subspecies
"inhabits
open
ground
of
finely
[sic]
sandy
composition."
Generally,
their
habitat
is
known
as
having
level
to
gently
sloping
topography,
sparse
to
moderate
vegetative
cover,
and
loosely
packed
or
sandy
soils.
The
biology
of
the
PSPM
is
not
well
understood.
The
present
understanding
of
its
ecology
arises
largely
from
the
observations
of
mammalogists
studying
other subspecies.
The
PSPM
was
originally
described
by
Mearns
(1898).
The
type
locality
is
from
Palm
Springs,
450
feet
in
elevation,
Colorado
Desert,
Riverside
County,
California.
Synonyms
from
past
descriptions
include
Perognathus
panamintinus
arenicola,
Perognathus
panimintinus
bangsi
and
Perognathus longimembris
arenicola
(Grinnell
1933).
This
subspecies
is
found
in
the
lower
Sonoran
life~zone
of
eastern
Riverside
and
San
Diego
counties.
Its
historic
range
is
described
as
extending
from
Joshua
Tree
National
Monument
southward,
west
to
San
Gorgonio
Pass
and
down
to
Borrego
Springs
and
the
east
side
of
San
Felipe
Narrows
(Hall
1981).
This
species
hybridizes
with
the
Los
Angeles
pocket
mouse
(P.
l .brevinasus)
at
its
western
boundary.
It
is
not
known
to
what
extent,
but
hybridization
occurs
with
the Jacumba
pocket
mouse
(P.
I.
internationalis)
to
the
south
and
little
pocket
mouse
(P.
/. longimembris)
to
the
north.
The
PSPM
is
considered
a California
Species
of
Special
Concern
by
the
California
Department
of
Fish
and
Game
(CDFG
1998)
and
was
a Category
2 candidate
before
the
U.S.
Fish
and
Wildlife
Service
abolished
this
federal
listing.
Habitat
for
PSPM
in
the
project
area
consists
of
an
almost
monotypic
Creosote
Bush
shrub
layer
with
a sparse
herbaceous
cover
including
Sand
Verbena
(Abronia
villosa)
and
Mediterranean
Schismus
(Schismus
barbatus).
The
soil
is
a very
loose
fine
sand
in
the
Myoma
fine
sand
series
(USDA
1980).
Although
vegetation
and
soil
on
the
site
appears
potentially
suitable
and
similar
to
areas
where
PSPM
have
been
recently
detected
(Dodd
1996
and
1999);
no
PSPM
sign
was
observed
in
the
project
area
during
this
survey.
Environmental
stress
by
human
encroachment
on
the
site
and
immediate
surrounding
area
has
probably
caused
the
extirpation
of
this
species
from
this
area.
The
PSPM
mostly
likely
occurred
on
the
site
historically
and
still
occurs
nearby
( e.g.,
around
Thousand
Palms;
Dodd
1999)
in
habitat
less
disturbed
by
human
encroachment.
Due
to
the
level
of
disturbance
in
the
area,
the
PSPM
is
not
expected
to
be
present
in
the
project
area.
Pacific
Southwest
Biological
Services,
Inc
7-1346
PSBS#T839 BIOLOGICAL
RESOURCE
EVALUATION-
PROJECT
IMP
ACT
ANALYSIS
REGIONAL
AND
WCAL
CONTEXT
OF
RESOURCES
ON
THE
SITE
The
focus
of
resources
in
the
project
area
is
the
blow
sand
habitat,
outside
the
proj'ect
area,
north
of
the
roadway.
This
small
area,
although
lacking
the
endemics
known
from
more
extensive
habitats,
dpes
still provide
representative
vegetation.
The
impact
to
this
habitat
will
12 be
minimal
if
constraints
listed
below
are
in
place
during
construction.
The
remainder
of
the
site
consists
of
d~sturbed,
ruderal
habitats
without
any
biotic
significance.
SENSITIVE
SPECIES
CONSERVATION
No
sensitive
plants
or
animals
were
observed
in
the
project
area
and
none
are
·expected
to
be
affected
by
the
proposed
project's
construction
or
operation,
aside
from
the
current
impacts
of
road
kills.
The
prior
disturbance
of
the right-of
-way
has
precluded
the
presence
of
the
sensitive
plant
and
animal
species
otherwise
known
from
the
area.
Areas
outside
the
project
area,
yet
very
near
or
adjacent,
have
the
potential
to
provide
habitat
for
several
of
these
sensitive
plants
and
animals.
These
areas
are
largely
the
blow
sand
and
sand
dunes
north
of
the
project
area
in
the
area
of
the
large
billboard.
These
areas
should
be
avoided
as
part
of
this
project.
Due
to
the
soft
soil
nature,
however,
this
area
is
unsuitable
as
a staging
area.
RECOMMENDED
MITIGATION
AND
MONITORING
MEASURES
The
limits
of
construction,
i.e.,
60 feet
from
the
present
center-line
of
the
roadway,
should
be
delimited
by
placement
of
temporary
fencing
prior
to
and
during
construction.
Payment
of
fees
will
be
required
as
part
of
the
City's
participation
in
the
Coachella
Valley
Habitat
Conservation
Plan.
(CVHCP
1985).
Pacific
Southwest
Biological
Services,
Inc
7-1347
PSBS# T839
BIBLIOGRAPHY
American Ornithologists, Union. 1998. Checklist of North American Birds. Seventh Edition.
American Ornithologists Union. 829 pp.
Belkin, J. N., 1954, "Additional Records of Oliarces clara in California and Arizona (Neuroptera, Ithonidae)", Bull. So. Calif. Acad Sci. 53(2):65--68.
California Department of Fish and Game, Natural Diversity Data Base. 2001. Computerized records of sensitive elements on the USGS 7 .5' Cathedral City, Myoma, La Quinta & · Indio quadrangles. '
California Division of Mines and Geology 1965. Geoiogic Map of California, Olaf P. Jenkins Edition, Santa Ana Sheet. Geology, 1985 edition.
California Native Plant Society. 1994. Inventory of Rare and Endangered Vascular Plants of California. Special Publication Number 1 (4th ed.), CNPS, Sacramento, California. 13 Coachella Valley Fringe-toed Lizard HCP Steering Committee. 1985. Coachella Valley Fringe toed Lizard Habitat Conservation Plan.
Collins, J. T. 1990. Standard Common and Current Scientific Names for North American Amphibians and Reptiles (3rd ed.). The Society for the Study of Amphibians and Reptiles. Herpetological Circular No. 19. 41 pp.
Dodd, S. 1996. Report of the Palm Springs pocket mouse (Perognathus longimembris bangs,) surveys for the Coachella Valley Multiple Species Conservation Plan. Prepared for the Coachella Valley Association of Governments, Palm Desert, Ca.; l3 Feb. 1996. S. C.
Dodd Biologfoal Consulting. 33 pp+ appendices.
Dodd, S. 1999. Report of the 1999 Palm Springs pocket mouse (Perognathus /ongimembris bangsi) surveys. Prepared for the Coachella Valley Mountains Conservancy, Palm Desert, CA; 19 Nov. 1999. S. C. Dodd Biological Consulting.
Emmel, T. C., and J. F. Emmel. 1973. The Butterflies of Southern California. Natural History Museum of Los Angeles County. Science Series 26. 148 pp.
Faulkner, D. K., 1990. "Current knowledge of the biology of the moth-lacewing Oliarces clara Banks (lnsecta: Neuroptera: Ithonidae)", in Mansell, M.W. and Apsock, H. (Eds.), Advances in Neuropterology, Pretoria, R.S.A.
Felger, R. S., 1980. "Vegetation and Flora of the Gran Desierto, Sonora, Mexico", Desert Plants 2(2):87-114.
Pacific Southwest Biological Services, Inc
7-1348
PSBS#
T839
14 Foreman,
L.
D ., 1997,
ed.
"Flat-tailed
Homed
Lizard
Rangewide
Management
Strategy",
report
prepared
by
Flat-tailed
Homed
Lizard
Working
Group
oflnteragency
Coordinating
Committee,
BLM,
Calif.
Desert
District,
Riverside,
CA.
Grinnell.
1933.
Mammal
fauna
of
California.
\]niv.
of
Calif.
Puhl.
Zool.,
40:148.
Hall,
E.
R.,
19'81.
The
mammals
ofNorth
America,
2nd
Edition.
John
Wiley
and
Sons,
New
York.
Hickman,
J.C.,
ed.
1993.
The
Jepson
Manual,
Higher
Plants
of
California.
University
of
California
Press,
Berkeley.
1,400
pp.
Holland,
R.
F.
1986.
Preliminary
Descriptions
of
the
Terrestrial
Natural
Communities
of
CalifomiJ.
Unpublished
report.
State
of
California.
The
Resources
Agency,
Department
of
Fish
and
Game,
Natural
Heritage
Division,
Sacramento,
CA.
Jaeger,
E.
C., 1941,
Desert
Wild
Flowers,
Stanford
Univ.
Press,
Stanford,
CA.
Jameson,
E.W.,
Jr.
and
H.J.
Peeters.
1988.
California
Mammals.
University
of
California
Press,
Berkeley.
403
pp.
Laudenslayer,
W.F.,
Jr.,
W.E.
Grenfell,
and
D.C.
Zeiner.
1991.
A
checklist
of
the
amphibians,
reptiles,
birds,
and
mammals
of
California.
Calif.
Fish
&
Game
77:109-141.
Mayer,
K.
E.
and
W.
F.
Laudenslayer,
Jr.,
eds.
1988.
A
Guide to
Wildlife
Habitats
of
California.
California
Department
of
Forestry
and
Fire
Protection.
166
pp.
Mearns,
E.
A.
1898.
Descriptions
of
three
new
fonns
of
pocket
mice
from
the
Mexican
border
of
the
United
States.
Bull.
NAMNH,
10:299-302.
Stebbins,
C.
1985.
A
Field
Guide
to
Western
Reptiles
and
Amphibians.
Houghton
Mifflin
Company,
Boston
.
Tierra
Madre
Consultants.
1994.
Edom
Hill
Landfill
Expansion
Biological
Resource
Assessment,
report
prepared
for
EMCON
Associates
and
submitted
to
Riverside
County
Waste
Resources
Management
District,
Riverside,
CA.
Tierra
Madre
Consultants
. 2001.
Rancho
Mirage
Golf
and
Tennis
Club,
Mayer's
Specific
Plan,
Focused
Biological
Protocol
Surveys
Report.
Tinkham,
E.
R.
1968.
"Studies
in
Nearctic
Desert
Sand
Dune
Orthoptera.
Part
XI.
A
new
arenicolous
species
of
Stenopelmatus
from
Coachella
Valley
and
Key
with
biological
notes",
Great
Basin
Naturalist
28 (3):124-131.
Pacific
Southwest
Biological
Services,
Inc
7-1349
PSBS#T839
Tinkham, E. R. 1975. "Stµdies in Nearctic Desert Sand Dune Orthoptera. Part XV.
Eremogeography of Spaniacris with ~ioecological Notes", Great Basin Naturalist 35(1):113-120.
United States Department of Agriculture, Soil Conservation Service, 1980, Soil Survey of Riverside County, California Coachella Valley Area, Arnold A. Knecht, USDA, SCS, Washington, D. C., in co-operation with the University of California. 91pp.
USDA. 1985·. U.S. Department of Agriculture in cooperation with the National Technical Committee for Hydric Soils. Hydric Soils of the State of California 1985. (With 1992 . u~tes).
United States Department oflnterior, Fish and Wildlife Service. 1992. Endangered and threatened wildlife and plants; proposed rule for seven desert milk-vetch taxa from California and Nevada. Federal Register 51 (90):19844-19852.
United States Department of Interior, Fish and Wildlife Service. 1997. Endangered and Threatened Wildlife and Plants; Withdrawal of the Proposed Rule to List the Flat-tailed • Homed Lizard as Threatened. Federal Register 62 (135:37852-37860.
United States Department oflnterior, Fish and Wildlife Service 1999. April 1999 list of TIE species to Riverside County EDA.
Udvardy, M. D. F. National Audubon Society-Field Guide to North American Birds Western Region, 1994.
15 Williams, D. F. 1986. "Mammalian Species of Special Concern in California, Calif. Dept. offish and Game, Sacramento, CA.
Zabriskie, J. 1979. Plants ofDeep Canyon and the Central Coachella Valley, California, P. L.
Boyd Deep Canyon Desert Research Center, Palm Desert, CA.
Pacific Southwest Biological Services, Inc
7-1350
PSBS#T839
MEETINGS
AND
CORRESPONDENCE
September
24,
2001.
Correspondence
from
Robert
Caruso,
District
Biologist
to
Marie
Petcy,
Chief,
Environmental
Planning.
Subject
Review
of
Revised
Biological
Assessment
Submitted
by
Pacific
Southwest
Biologiqal
Services,
Inc.
16 January
9,
200·2.
Correspondence:
Summary
of
issues
discussed
at
the
January
9,
2002
meeting
at
Caltrans
District
8 for
the
Ramon
Road Project
in
Rancho
Mirage
(Willdan,
undated).
I
January
29,
2002.
Correspondence
(email)
from
Robert
Sun,
Willdan.
Subject:
Revised
Ramon
Const.
Staging.
May
12,
2002.
Correspondence
from
Robert
Caruso,
District
Biologist
to
Marie
Petry,
Chief,
Environm~ntal
Planning.
Subject:
Review
of
Revised
(02/01/2002)
Biological
Assessment
Submitted
by
Pacific
Southwest
Biological
Services,
Inc.
May
17,
2002.
Correspondence
from
Robert
Sun,
Willdan.
Amended
Design
Exhibit
for
Ramon
Road.
June
4,
2002.
Meeting
with
various
agency
staff,
including
Ray
Meijer,
Caltrans;
Robert Caruso,
Caltrans;
Namat
Hosseinian,
Caltrans;
Dean
Sherer,
Willdan;
Hans
Giroux,
Willdan,
Robert
Sun,
Willdan;
Ken
Steele,
Willdan;
and
R.
M.
Beauchamp,
Pacific
Southwest
Biological
Services,
Inc.
July
16,
2002.
Correspondence
from
Robert
Caruso,
District
Biologist
to
Marie
Petry,
Chief,
Environmental
Planning.
Subject:
Review
of
Revised
(05/24/2002)
Biological
Assessment
Submitted
by
Pacific
Southwest
Biological
Services,
Inc.
Pacific
Southwest
Biological
Services,
Inc
7-1351
PSBS#T839 APPENDIX
1. LIST
OF
FLORA
OBSERVED
AT
THE
RAMON
ROAD
WIDENING
PROJECT
AREA
DICOTYLEDONS Apiaceae
-Carrot
Family
• Apium
graveolens
L.
Celery
Asteraceae
-Sunflower
Family
Ambrosia
acanthicarpa
Hook.
Annual
Bursage
Baccharis
sarothroides
Gray
Broom
Baccharis
*Conyza
canadensis
(L.)
Cronq.
Horseweed
Dicoria
canescensA.
Gray
Malacothrix
glabrata
Gray
Desert
Dandelion
Palafoxia
arkla
Turner
&.
Morris
var
. arida
Desert
Spanish-needles
•sonchus
asper
(L.)
Hill
Prickly
Sow
Thistle
Stephanomeria
exigua
Nutt.
ssp.
exigua
Small
Wreath-plant
Boraginaceae
-Borage
Family
Cryptantha
barbigera
(Gray)
Greene
Bearded
Cryptantha
Cryptantha
micromeres
(Gray)
Greene
Minute-flower
Cryptantha
Cryptantha
muricata
(Hook
&
Am.)
Nels.
&
Macbr.
Prickly
Cryptantha
Tiquilea
plicata
(Torrey)A.Richardson
Brassicaceae
-Mustard
Family
• Brassica
tournfortii
Gouan
*Coronopus
didymus
(L.)Smith
Swine
Cress
Dithyrea
ca/ifornica
Harvey
Spectacle
Pod
Cactaceae
-Cactus
Family
Opuntia
echinocarpa
Enge)m.
&
Bigel.
Silver
Cholla
Chenopodiaceae
-Goosefoot
Family
Atriplex
canescens
(Pursh)
Nutt
ssp.
canescens
Four-wing
Saltbush
• Salsa/a
tragus
L.
Rusaian-
Thistle
Euphorbfaceae
-Spurge
Family
Croton
californicus
Muell
. Arg.
Common
Croton
Fabaceae
-Legume
Family
Prosopis
glandulosa
var.
torreyana
(L.
Benson)
M.C.
Jtn.
Mesquite.
Honey
Mesquite
Psorothamnus
emoryi
(Gray)
Rydb
.
White
Dalea
Geraniaceae
-Geranium
Family
• Erodium
cicutarium
(L.)
L'Her.
Red-stem
Filaree
Nyctaginaceae
-Four-O'Clock
Family
Abronia
villosa
Wats.
var.
vil/osa
Desert
Sand-verbena
Onagraceae
-Evening-Primrose
Family
Camissonia
boothii
(Doug
.) Raven
var.
condensata
(Munz)
Raven
Desert
Lantern
Oenothera
deltoides
Torr.
and
Frem.
ssp.
deltoides
Dune
Evening
Primrose
Zygophyllaceae
-Caltrop
Family
Larrea
tridentata
(DC.)
Cov.
Creosote
bush
*TribuJus
terrestris
L.
Puncture
vine
Pacific
Southwest
Biological
Services,
Inc.
7-1352
PSBS#T839
APPENDIX 1. LIST OF FLORA OBSERVED AT THE RAMON ROAD WIDENING PROJECT AREA (CONTINUED)
MONOCOTYLEDONS
Llliaceae -Lily Family
Hesperocallis undulata Gray Desert Lily
Poaceae -Grass Family
•Cynodon dacty/on (L.) Pers. Bermuda Grass
• Poa annua L. Annual Bluegrass
•Schismus arabicus Nees Arabian Schismus
Typhaceae -Cattail Family
Typha angustifolium /Mi~haux Narrow-leaved Cattail
* -Denotes non-native plant taxa
Pacific Southwest Biological Services, Inc.
7-1353
PSBS#
T839
APPENDIX
2. LIST
OF
ANIMALS
OBSERVED
OR
EXPECTED
AT
THE
RAMON
ROAD
WIDENING
PROJECT
AREA
COMMON
NAME
INVERTEBRATES
Sand
Cockroach
Darkling
Beetle
REPTILES lguanidae
(lguanids)
Desert
Iguana
Colubridae
(Colubrids)
Western
Shovel•nosed
Snake
Viperldae
(Vipers)
Sidewinder
BIRDS Odontopborldae
(New
World
Quail)
Gambel's
Quail
Columbidae
(Pigeons
and
Doves)
White-winged
Dove
Mourning
Dove
Strigidae
(Typical
Owls)
Great
Horned
Owl
Camprimulgidae
(Nightjars)
Lesser
Nighthawk
Trochilidae
(Hummingbirds)
Costa's
Hummingbird
Picidae
(Woodpeckers)
Ladder•backed
Woodpecker
Laniidae
(Shrikes)
Loggerhead
Shrike
Corvidae
(Jays,
Crows,
Ravens,
Magpies)
Common
Raven
Alaudidae
(Larks)
HomedLarlc
Remizidae
(Verdins)
Verdin
SCIENTIFIC
NAME
(Various) 1/iodesssp. Dipsosaurus
dorsalis
Chionaclis
occipitalis
Crolalus
cerastes
Cal/ipepla
gambelii
anaida
asialica
Zenaida
macroura
Bubo
-virginianus
Chordeiles
acutipennis
Calypte
costae
Picoides
scalaris
Lanius
tudovicianus
Corvus
corax
Eremophila
alpeslris
AuriPiarus
jlavipes
Pacific
Southwest Biological
Services,
Inc.
7-1354
• PSBS# T839
APPENDIX 2. LIST OF ANIMALS OBSERVED OR EXPECTED AT THE RAMON RoA·D WIDENING
PROJECT AREA
Troglodytidae (Wrens)
Cactus Wren
Sylviidae (Old World Warblers, Gnatcatchers)
Black-tailed Gnatcatcher
Mimidae (Mockingbirds and Thrashers)
Northern Mockingbird
Ptilogonatidae (Silky Flycatchers)
Phainopepla
I
lcteridae (Blackbirds, Meadowlarks, Orioles)
Scott's Oriole
Fringillidae (Finches)
House Finch
Passeridae (Old World Sparrows)
House Sparrow
MAMMALS
Leporidae (Rabbits and Hares)
Desert Cottontail
Sciuridae (Squirrels, Chipmunks, and Marmots)
California Ground Squirrel
Canidae (Foxes, Wolves, and Relatives)
Coyote
Gray Fox
Campylorhynchus brunneicapil/us
Poliopti/a melanura
Mimus polyglottos
Phainopepla nitens
Icterus parisorum
Carpodacus mexicanus
Passer domesticus
Sy/vilagus audubonii
Spermophilus beecheyi
Canis latrans
Urocyon cinereoargenteus
Pacific Southwest Biological Services, Inc.
7-1355
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I
lVATION I
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I
. ···-· .... _
23 ...... ..... ...
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Figure 2. Project Location, Ramon Road
USGS 7 .5' Cathedral, CA Quadrangle
... _ ,-
PSBS#T839
..... , ... , t .• ., ...
-. . .. ,,,,·
+ -..• ·-... ......... .
... ·····-·--
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Poolflc Souft1Nest 8lologlcaJ Services, Inc.
7-1357
Preliminary Environmental Studies (PES) Form
PRELIMINARY ENVIRONMENTAL STUDY (PES) FORM
Agency (Dist-Co-Rte-Agency): City of Rancho Mirage -Caltrans, District 8 Project Number (Federal Prag. Prefix-Proj. No. (Agrmnt No.): Local Rehabilitation -1998 STIP Project off State Highway Project Location: Ramon Road. from DaVall Drive to Los Alamos Road. west of Interstate 10, in the City of Rancho Mirage.
Project Description: Replacement of an existing 1.0 mile segment of a two-lane primary arterial roadway with a six-lane roadway wilh a 16-foot wide median island. The total new right-of-way width for this replacement segment would be 120 feet.
A.
EXAMINE FOR POTENTIAL EFFECTS ON THE ENVIRONMENT, DIRECT OR INDIRECT, AND
ANSWER THE FOLLOWING QUESTIONS
To Be
The Physical Environment .Y!! Determined
1. Is the project a Type I project as defined in 23 CFR 772.5(h); •construction on new location or the physical alteration of an existing highway which significantly changes either the horizontal or vertical alignment or increases the number of through-traffic Janes." X
2. Are there water resources (rivers, streams, bays, inlets, lakes, drainage sloughs) within or immediately adjacent to the project area?
3. Is project within a designated sole-source aquifer?
4. Is project within the State Coastal Zone?
5. Is the amstruction area located within a regulatoryfloodwayorwilhin the base floodplain (100- year) elevation of a water course or lake?
6. Is the project within or Immediately adjacent to a Wild and Scenic River System?
7. Is there a potential for a federally-listed, threatened, or endangered species (including candidate species) or their critical or sensitive habitat within the construction area? X
8. Is there a potential for wetlands within the construcllon area?
9. Is there a potential for agricultural wetlands within the construcllon area?
10. Air Quality
a. Is the project included in a currently conforming Regional Transportation Plan {RTP) and Transportation Improvement Program (TIP) and that there have been no substantial changes In the design concept and scope as used in the TIP? X b. Is the project exempt from the requirements to determine conformity (40 CFR 93.126)7
11. Is the project in a non-attainment or maintenance area? (National Ambient Air Quality Standards) X
12. Is there a potential for prime or unique farmlands within or immediately adjacent to the construction area?
13. Is there a potential for hazardous materials {including underground tanks) or hazardous material remains within or immediately adjacent to the construction area? X
14. Are there any publicly-owned public parks, recreation areas, or wildlife or waterfowl refuges [Section 4(f)] within the construction area?
15. Are there any aesthetically visual resources within the project area? !Is!
X
X
X
X
X
X
X
X
X
X
X
7-1358
Preliminary
Environmental
Studies
(PES)
Form
8. The
Social
and
Economic
Environment
16. Will
the
project
require
any
right-of-way,
including
partial
or
full
takes?
Conslde~
construction
easements
and
utlllty
relocations.
17. Is
the
project
inconsistent
with
plans
and
goals
adopted
by
the
community?
18. WIii
the
project
result
in
the
need
for
public
services,
lndudlng
utilities
other
than
those
presently
available
or
proposed?
19. WIii
the
project
involve
changes
In
access
control?
20. Will
the
project
involve
the
use
of
a temporary
road,
detour
or
ramp
closure?
21. Will
the
project
reduce
available
parking?
22. WIii
the
project
require
future
construction
to
fully
utillze
the
design
capabilities
lnduded
in
the
proposed
projed?
23. Will
the
projed
generate
public
controversy
based
on
potential
environmental
effects?
24. Will
project
construction
encroach
on
State
or
Federal
Lands?
25. Ale
there
National
Register
listed
or
potentially
eligible
historic
properties
[Section
106,
Section
4(f)]
within
the
construction
area?
A
discussion
of
these checklist
responses
follows
below:
SEE
ATTACHMENT.
X X X X X X
X
X
X
X
7-1359
C. 00 D □ □ □ □ [&} □ (ID □
Preliminary
Environmental
Studies
(PES)
Forrr
DATA
AS
REQUIRED
TO
SUPPORT
THE
CONCLUSIONS
OF
THIS
CHECKLIST
SHOULD BE
ATTACHED
OR
AVAILABLE
FROM
THE
LOCAL
AGENCY
UPON.
REQUEST
(Check
to
Indicate
Required
Technical
Studies,
Coordination,
Permits
or
Approvals)
REQUIRED
TECHNICAL
STUDIES
D.
COORDINATION
E.
P~RMIT/APPROVALS
NOISE
STUDY
..x_
Traffic
Related
.1L
FHWA
Construction
Related
WATER
QUALITY
STUDY
Discharge
Dredged/Fill
material
(US
Waters)
_
U.S.
Army
Corps
of
Engineers
.,;__
Issues
Section
404
Permit
Construction
in
Navigable
Waters
U.S.
Army
Corps
of
Engineers
Section
1 O
Permit
Construction
of
Bridges/causeways
Across
U.S.
Coast
Guard
Approves
Plan
Navigable
Waters
_
Construction
of
Bridge
_
California
Regional
Water
Quality
Control
Board
_
Water
Quality
Certification
Stream
or
Lake
Alteration
_
California
Department
of
Fish
&
Game
_
Section
1601/03
Pennlt
NEPA/404
MOU
FHWA
SOLE
SOURCE
AQUIFER
EPA
(S.F.
Regional
Office)
Contamination
Threat
COASTAL
ZONE
State
Coastal
Zone
Mgmt
Agency
Coastal
Zone
Consistency
{C3ilfomia
Coastal
Commsslon
(CCC))
FLOODPLAIN
STUDY-
_
Federal
Emergency
Mgmt
Agency
_
_
Floodplain
Anding
FHWA
WILD
&
SCENIC
RIVERS
_
U.S.
Department
of
lnterJor
Heritage
Conservation/Reaeation
Service
BIOLOGY
STUDr
FHWA
Sec
7 Consultation
.lL
California
Department
of
Fish
&
Game
_
Incidental
Take
Permit
WETLANDS
STUDY-
FHWA/EPA
Wetlands
Findings
U.S.
Fish
&
WIidiife
U.S.
Army
Cotps
of
Engineers
Verifies
Juris.
WellandS
National
Marine
Frsheries
Service
Agricultural
Wetlands
Natural
Resources
Conservation
Svc.
Verifies
agrl,
Wellands
AIR
QUALITY
STUDr
..1L
FHWA
.lL
Confoonlty
Finding
FARMLANDS
STUDY
Natural
Resources
Conservation
Svc.
Verifies
prime/unique
U.S.
Army
Corps
of
Engineers
Approves
Conversions
•FHWA
has
responsibility
for
consultation
under
regulation
or
interagency
agreement
or
FHWA
has
responsibility
for
a
finding
or
determination
required
by
law,
regulation
or
Executive
Order.
7-1360
C.
[ID
[&]
D
D
D
□
D
(El
I&]
□
00 Preliminary Environmental Studies (PES) Form
REQUIRED TECHNICAL STUDIES D. COORDINATION E. PERMIT/APPROVALS HAZARDOUS MATERIAL STUDY ...L 1. CALIF.EPA;
(Cleal\\lp of Hazardous Material Sites) Department of Toxic Substances Control, Biennial Reports, Lists of
Active Annual Workplan Sites
_L 2. CALIF. OPR; Hazardous Wastes &
INITIAL SITE ASSESSMENT/CHECKLIST Substances Sites List, list of Contaminated Sites
3. LOCAL; Health & Human Services
Dept., Hazardous Waste Operations
Division
SECTION 4(f) EVAULATION* FHWA Makes Determination
To Be Determined Public Official w/Jurisdlctlonal
Responslbillty
SHPO/ACHP (as appropriate)
001/DOMiUD/USDA (as appropriate)
SECTION 6(f) EVALUATION Park Official
DOI
VISUAL IMPACT STUDY {AESTHETICS) FHWA
To Be Determined
RELOCATION IMPACTS STUDY State/Local Planning Departments SOCIO-ECONOMIC STUDY Airports, Schools, State and Local Planning Departments
TRAFFIC _x_ FHWA Coordination
SECTION 106 STUDY"
LAPE Map L Caltrans N/A Determines applicabllity
of Minimal APE
_x_ FHWA _x_ Approves APE
_lL SHPO/ACHP (as appropriate)
Local Preservation groups and/or
Native American Tribes
LHlstonc Property Survey Report _x_ FHWA _x_ Concurs· or Consults (HPSR) with SHPO/ACHP
CONSTRUCTION/ENCROACH ON STATE
LANDS
Under State Lands Commission State Lands Commission General PermiVRevise Jurisdiction General Plans
Under Caltrans Jurisdiction Caltrans Encroachment Permit CONSTRUCTION/ENCROACHMENT ON U.S. Bureau of Reclamation Enaoachment Permit FEDERAL LANDS Private land Owner Right of Entry Permit
-1L Bureau of Indian Affairs Land
(Held in Trust)
Additional studies may be required for other Federal Agencies "FWHA has responsibility for consultation under regulation or lnteragency agreement or FHWA has responsibility for a finding or determination required by law, regulation or Executive order. 7-1361
·, .-hllnary
Envlronmental
Studies
(PES)
Fon
F.
Public
Hearing
and
Public
Availability
_
Not
Required
L
Notices
of
Availability
.lt
Environmental
Document
ONLY
L
Opportunity
for
a
Public
Hearing
_
Public
Hearing
Required
G.
Preliminary
Environmental
Document
Classification
(NEPA)
Based
on
the
evaluation
of
the
project,
the
environmental
document
to
be
developed
should
be:
_
Environmental
Impact
Statement
Environmental
Assessment
X
Categorical
Exclusion,
with
required
technical
studies
(involving
Federal
action)
_
Programmatic
Categorical
Exclusion,
without
required
technical
studies
.
_
Programmatic
Categorical
Exclusion,
with
required
technical
studies
· (not
involving
Federal
action)
Prepared~
S:L-
· --.o-a
... le:
July
20,
2001
Dean
Sherer,
AICP
Telephone#:
(562)
908-6282
This
document
was
prepared
under
my
supervision,
in
accordance
with
the
Local
Assistance
Procedures
Manual,
Exhibit
6-B,
"Instructions
for
Completi
e
Prelimin
En
lronmental
Study
Form: Date:
July
20,
2001
Telephone#:
UBOl
770-3224
ce
B.
Jr.
I have
reviewed
this
reliminary
Environm
ntal
S
'dy
(PES)
form
and
determined
that
the
submittal
is
complete
and
sufficient
I concur
with
the
studies
to
be
performed
and
the
recommended
level
of
environmental
document
(if
required).
•
Signature
DLAE:
_____________
_
Date:
________
Telephone#:
_____
_
THE
FOLLOWING
SIGNATURE
IS
REQUIRED
FOR
EAs,
EISs,
REGULAR
CEs,
AND
(WHEN
REQUESTED)
FOR
PROGRAMMATIC
CEs:
I have
reviewed
this
Preliminary
Environmental
Study
(PES)
form
and
detennined
that
the
submittal is
complete
and
sufficient.
I concur
with
the
studies
to
be
performed
and
the
recommended
level
of
environmental
document
Signature
District
Environmental:
________
_
Date:
____
_
Telephone#:
_____
_
FHWA
REVIEW
of
PES
RECOMMENDED
YES
0 NO
□
THE
FOLLOWING
SIGNATURE_IS
REQUIRED
FOR
EAs,
EISs,
REGULAR
CEs,
AND
(WHEN
REQUESTED)
FOR
REGULAR
CEs:
H.
I concur
with
the
studies
to
be
performed
and
the
recommended
level
of
environmental
document
Signature
FHWA:
_____________
_
Date:.
____
_
Telephone#:
------
Distribution: Original:
District
Local
Assistance
Engineer
Copy:
Local
Agency
Project
Files
OS:lb3
(06-190)
11435\30O3\pes
form(r3)
10-17-01
7-1362
Preliminary
Environmental
Studies
(PES)
Fonn
1. Yes.
This
road
project
will
widen
an
existing
1.0 mile
2-lane
portion
of
Ramon
Road
(which
currently
has
one
travel
lane
in
each
direction
capable
of
carrying
24,615
average
daily
trips
(ADT)),
to
a
6-lane
divided
highway
classified
by
the
Federal
Aid
System
function
designation
of
Urban
Minor
Arterial,
capable
of
carrying
67,000
ADT.
Upon
completion,
the
widened
roadway
segment
will
have
a
120-
foot
wide
right-of-way.
Improvements
within
the
right-of-way
include
a
16-foot
wide
landscaped
raised
median,
curbs
and
gutters,
storm
drains,
and
a new
traffic
signal
at
Los
Alamos
Road.
The existing
road
surface
will
be
removed
and
reconstructed.
This
project
would
replace
one
of
the
last
remaining
2-lane
sections
of
Ramon
Road
and
would
complete
a 6-lane
divided
highway.
Related
phases
include
development
of
a new
interchange
at
Ramon
Road
and
Interstate
10 scheduled
for
construction
in
2005/06
and
widening
improvements
to
be
made
on
Ramon
Road
by
the
County
between
Bob
Hope
Drive
and
Los
Alamos
Road.
The
project
will
help
facilitate
access
to
the
recently-opened
Agua
Caliente
Casino,
as
well
as
to
a
proposed
residential development
on
the
north
side
of
Ramon
Road
in
Cathedral
City.
The
project
will
also
improve
access
to
Rancho
Mirage,
Cathedral
City
and
Palm
Springs.
It
will
enhance
public
safety
and
achieve
a
level
of
service
(LOS)
A
for
the
roadway.
The
current
LOS
for
this
section
of
Ramon
Road
is
LOS
E.
2. No.
The
project
is
not
adjacent
to
rior
is
it anticipated
to
result
in
direct
drainage
into
any
local
watercourse
and,
therefore,
is
not
anticipated
to
have
any
significant
impact
on
such
a
system.
3. No.
There
are
no
sole
source
aquifers
in
the
region
of
the
project.
4. No.
The
project
is
not
within
a
coastal
area.
5. No.
The
project
site
is
identified
in
the
General
Plan
Flood
Zones
and
Water
Reservoirs
Map
as
Zone
C,
which
is
"outside
the
boundaries
of
100-year
and
500-year
flood
plains
and
generally
considered
safe
from
flooding".
(Rancho
Mirage
General
Plan
EIR,
Page
111-50).
6. No.
The
project
is
not
within
or
immediately
adjacent
to
a
Wild
and
Scenic
River
System.
The
nearest
open
body
of
water
is
the
Whitewater
Storm
Channel,
located
approximately
three
miles
from
the
project
site.
This
is a
"managed"
desert
wash
that
drains
large
areas
of
the
San
Jacinto,
Santa
Rosa
and
San
Bernardino
Mountain
(Rancho
Mirage
General
Plan/Biological
Element,
page
IV-3).
7. Maybe.
The
project
is adjacent
to
and
south
of
areas
where
there
are
potential
species
identified
as
needing
protection:
property
adjacent
to
the
comer
of
DaVall
Drive
is
identified
as
the
habitat
of
a
population
of
Flat-tailed
Horned
Lizards
(Phymosoma
meal/ii
-
Category
2 Candidate
species
being
reviewed
for
listing).
In
addition,
at
the
northeastern
edge
of
the
project,
habitat
of
the
Coachella
Valley
Fringe-Toed
Lizards
(Uma
inomata)
or
CVFTL,
Federally-listed
as
"threatened"
and
State-listed
as
"endangered",
and
two
plants,
the
Coachella
Valley
Milk-Vetch
(Astralaga/us
lentiginosus
var.
coachellae-
Federally
proposed
Nendangered'),
California
Ditaxis
(Category
2 candidate
species),
has
been
identified.
Other
locally
identified
species
include
the
Palm
Springs
Little
Pocket
Mouse
(Onychomys
torridus
ssp.
ramona-
Category
2 Candidate
species),
the
Coachella
Valley
Round-tailed
Ground
Squirrel
(Spermophilus
tereticaudus
-
Category
2 Candidate
species),
and
the
Coachella
Giant
Sand-Treader_
Cricket
(Macrobaenetes
valgum-
Category
2 Candidate
species).
A
survey
and
biological
assessment
was
conducted
at
the
project
site
and
Areas
of
Potential
Eff~ct
(APE)
to
determine
the
impact
of
the
project
on
sensitive
or
endangered
plant
and
animal
species.
An
additional
survey
was
conducted
on
September
15,
2001
, to
assess
that
area
from
Da
Vall
Drive
to
Bob
Hope
Drive,
as
requested
-by
CalTrans
during
its
review
of
the
original
PES
7-1363
t're11m1nary
cnvtronmem:a1
::.tua1es
(t't:.~J
t-onn
submittal
(revised
Biological
Assessment
of
the
Ramon
Road
Widening
Project,
Pacific
Southwest
Biological
Services,
September
17,
2001,
page
7-10).
This
additional
survey
found
an
additional
native
plant,
Dicoria
canescens,
in
the
expanded
area.
•
Of
the
sensitive
plants
found
in
the
Coachella
Valley
and potentially
present
at
the
project
site,
the
survey
found
that
either
the
species
in
question
did
not
occur
locally,
or
no
living
or
dried
remains
of
the
plants
were
found,
or
that
potential
habitat
was
already
highly
disturbed
and
did
not
support
the
species.
The
fauna
and
invertebrate
species
surveys
did
not
find
signs
of
any
endangered
or
sensitive
species;
however,
several
common
species
of
reptiles,
mammals
and
invertebrates
were
found.
The
level
of
human
encroachment
and
disturbance
of
the
area
does
not
support
the
occurrence
of
more
sensitive
species.
The
biological
survey
identified
a
small
area
of
blow
sand
and
sand
dunes
to
the
north
of
the
APE
in
the
area
of
a
large
billboard
and
noted
that
this
area
would
need
to
be
avoided
during
construction
to
preserve
this
potential
habitat
for
several
of
the
identified
sensitive
plant
and
animal
species.
The
soft
sand
located
in
these
areas,
however,
made
them unlikely
to
be
considered
for
staging
activities.(Biological
Assessment,
pages
2 -11).
.
.
The
Biological
Assessment
prepared
for
the
project
carefully
evaluated
potential
changes
to
the
zoological
environment
and
concluded
there
would
be
no
project-related
impacts
on
sensitive
species.
Both
morning
and
evening
surveys
were
conducted
and
traps
set
specifically
to
determine
the
presence
of
the
Coachella
Valley
Sand
Treader
Cricket.
No
trapping
program
was
performed
for
rodents
due
to
the
absence
of
entrance
holes
in
the
project
area
and
the
disturbed
nature
of
the
APE
(Biological
Assessment,
page
4).
The
Biological
Assessment
did
recommend,
however,
that
these
construction
areas
be
limited
by
placing
a
temporary
fence
around
those
areas
considered
potentially
sensitive,
specifically,
the
blowsand
area
on
the
north
side
of
the
roadway
(Biological
Assessment,
page
12).
Because
much
of
the
property
north
of
the
project
is
located
within
the
Agua
Caliente
trust
lands,
it
falls
under
Department
of
the
Interior
(1997)
Secretarial
Order
#3206, issued
to
clarify
the
applicability
of
the
Endangered
Species
Act
(ESA}
to
Indian
lands.
This
order
states
that
Indian
lands
are
to
be
managed
in
accordance
with
tribal
goals
(Agua
Caliente
Casino
EA,
2000).
However,
the
Agua
Caliente
Band
of
Cahuilla
Indians
states
that
its
goal
is
to
"continue
its
support
for
the
protection
of
listed
species
such
as
the
CVFTL
while
at
the
same
time
protecting
its
authority
over
its
lands
and
enhancing
trust
resources."
(Agua
Caliente
Casino
EA,
2000).
8. No.
The
project
site is
primarily
desert,
having
blowsand
soil.
Nearby
stands
of
trees
indicate
that
subsurface
water
resources
exist
in
the
project
vicinity,
however,
no
wetland
habitat
exists
within
the
area.
9. No.
The
project
site
is
primarily
desert,
having
blowsand
soil
and no
current
agricultural
value.
There
are
no
agricultural
crops,
commercial
timber
stands,
or
prime,
unique
or
other
farmlands
of
State
or
local
importance
in
the
vicinity
of
the
project
site.
10. A.
Yes.
The
project
is
currently
included
in
the
adopted
2001
Regional
Transportation
Improvement
Program
(RTIP)(Project
I.D.#RIV010216).
The Ramon
Road
project
is
also
listed
in
the
Coachella
Valley
Association
of
Governments
(CVAG)
Measure
A
Transportation
Project
Prioritization
Study.
There
have
been
no
substantial
changes
to
the
design
of
the
project
since
the
adoption
of
these
plans.
7-1364
Preliminary
Envlronmental
Studies
(PES)
Form
B.
No.
As
the
project
is
not
considered
exempt
from
the
air
quality
conformity
requirements
(40
CFR
93. 126),
an
air
quality
analysis
has
been
prepared
to
assess
air
quality
impacts
resulting
from
the
project
and
determine
its
conformity
under
the
current
2001
Regional
Transportation
Implementation
Plans
(RTIP).
11. Yes.
The
project
is
located
within
a
non-attainment
area
of
the
Salton
Sea
Air
Basin.
The
project
is,
however,
in
conformance
with
Regional
Transportation
Implementation
Plans
(RTIP)
and
therefore
does
not
have
significant
air
quality
impacts.
12. No.
No
farmland
is
adjacent
to
this
project
site.
The
project
will
not
have
no
impact
on
Prime
or
Unique
Farmland
or
Farmland
of
Statewide
Importance.
13. To
be
determined.
An
Initial
Site
Assessment
(ISA)
Plus
Report
will
be
prepared
for
the
project,
which
addresses
the
potential
for
hazardous
wastes
or
substances
within
· the
project
vicinity.
Preliminary
indications
are
that
no
hazardous
materials
are
present
and
that
the
project
poses
no
significant
hazard
to
the
public.
14. No.
The
project
will
not
affect
any
public
park
or
recreational
facility.
Temporary
construction
impacts
will
be
offset
at
adjacent
private
recreational
facilities
by
improved
traffic
control
and
access
upon
the
project's
completion.
15. No.
An
assessment
of
the
project's
impact
on
aesthetic
visual
resources
in
the
area
is
based
upon
the
general
local
development,
the
presence
of
significant
landscape
features,
the
visual
impact
of
the
final
project,
and
assessments
of
archeological
and
historical
resources.
Local
development
consists
of
recreational
and
educational
facilities
to
the
south,
a
casino
to
the
southeast, and
blowsand
desert
habitat
to
the
north.
Elevations
in
the
general
area
range
from
300
to
346
feet
above
sea
level,
having
,:,o
significant
landscape
features,
other
than
small
dunes.
The
final
project
will
result
in
the
widening
at
grade
of
an
existing
road
bed,
and
therefore
will
not
result
in
significant
observable
changes
in
grade,
with
the
roadbed
itself
below
view
areas
, with
exceptions
of
median
strips and
landscape
features.
16. No
. The
project
includes
widening
a
1.0 mile
section
of
Ramon
Road
from
40 feet
to
120
feet.
The
proposed
project
can
be
accommodated
within
the
existing
rights
of
way,
as
considered
within
the
STIP
proposal
submitted
by
the
City
of
Rancho
Mirage
to
the
Riverside
,County
Transportation
Commission
on
January
31,
2001.
To
the
north
of
the
project
lies
Cathedral
City,
as
well
as
unincorporated
Riverside
County
, and
the
Agua
Caliente
Reservation
.
Permits
for
·
street
widening
are
required
from
the
Public
Works
Departments
of
the
County
of
Riverside,
Caltrans,
as
well
as
the
city
of
Cathedral
City.
Financing
approval
is
under
STIP
funding
(Riverside
County
Transportation
Committee),
County
of
Riverside
(participating
with
the
City
of
Rancho
Mirage
in
40%
matching
funds).
As
previously
indicated,
the
Ramon
Road
project
is
listed
in
the
Coachella
Valley
Association
of
Governments
(CVAG)
Measure
A
Transportation
Project
Prioritization
Study,
although
it
is
currently
outside
the
funding
commitments
for
this
agency.
17 . No.
The
project
would
be
consistent
with
the
Circulation
Element
of
the
City
of
Rancho
Mirage
General
Plan.
The
project
is
also
consistent
with
the
City's
Land
Use
Element.
18. No
. No
additional
need
for
public
services
will
result
from
implementation
of
the
project.
Existing
utilities
in
the
vicinity
of
the
project
will
be
adequate
to
serve
the
proposed
improvements.
7-1365
Preliminary
Environmental
Studies
(PES)
Form
19. No.
No
changes
in
access
control
are
contemplated.
The
intersection
of
Los
Alamos
Road
and
Ramon
Road,
however,
will
be
signalized
in
the
future.
20. No.
Vehicle
traffic
on
Ramon
Road
will
be
maintained
during
construction.
Although
delays
may
occur,
implementation
of
a
Traffic
Management
Plan
is
anticipated
to
minimize
any
vehicular
and
pedestrian
impacts.
After
construction,
improved
traffic
conditions
will
result
which
will
better
serve
the
area
and
reduce
the
risk
of
accidents
through
improved
levels
of
service
and
signalization
of
the
intersection
at
Los
Alamos
Drive.
21. No.
The
project
would
not
reduce
available
parking.
22. Yes.
The
project
is
one
of
three phases
of
widening
improvements
for
Ramon
Road
in
Rancho
Mirage.
The
first
phase
of
improvements
has
been
undertaken
by
the
Agua
Caliente
Band
of
Cahuilla
Indians
to
extend
the
widening
improvements
along
the
southside
of
Ramon
Road
from
Los
Alamos
to
Bob
Hope
Drive.
For
the
second
phase
of
the
widening
improvements,
the
City
of
Rancho
Mirage
will
provide
both
the
north
and
south
side
improvements
between
Da
Vall
Drive
and
Los
Alamos
Road.
The
third
phase
of
improvements
will
be
undertaken
by
the
County
of
Riverside,
currently
pending
CVAG
funding
review
(see
attached
August
28,
2002
letter
from
the
County
of
Riverside)
to
complete
the
roadway
widening
along
the
northside
of
Ramon
Road
from
Los
Alamos
to
Bob
Hope
Drive.
A
traffic
analysis
will
be
prepared
to
assess
the
future
traffic
demand
requirements
for
the
proposed
widening
and
identify
any
mitigations
(i.e.,
lane
striping,
use
of
traffic
control
measures,
etc.)
as
may
be
necessary
to
ensure
adequate
traffic
flow
and
safety.
23. No.
The
widening
of
Ramon
Road
is
in
keeping
with
other
road
improvement
projects
in
the
area
and
is
consistent
with
the
City's
circulation
goals
and
objectives.
None
of
the
potential
environmental
effects
associated
with
the
project
are
anticipated
to
create
public
controversy.
24. Yes.
Portion
of
the
northside
right-of-way
encroaches
on
Agua
Caliente
Indian
lands
currently
held
in
trust
by
the
Bureau
of
Indian
Affairs
(BIA).
25. No.
A
Cultural
Resources
Survey
report
has
been
prepared
for
this
project.
This
report
includes
a Historic
Property
Survey
Report,
an
Archeological
Survey
Report,
and
a Historic
Architectural
Survey
Report.
The
study
found
that
no
cultural
resources
are
present
within
or
adjacent
to
the
project's
Area
of
Potential
Effects
(APE)
and
determined
that
there
are
no
National
Register
listed
or
potentially
eligible
historic
properties
in
the
project
vicinity.
A
Caltrans
Historic
Property
Survey
Report-
Negative
Findings,
and
A
Negative
Archeological
Survey
Report
were
prepared
as
a
result
of
this
study
(Jeannette
McKenna,
McKenna
et.al.,
May
25,
2001).
•
7-1366
3. -07'
03(PRI)
03:51
DP
_T
OF
TRNS
• 0
TEL:909
383-4129
CATEGORICAL
EXEMPTION
CATEGORICAL
EXCLUSION/PROGRAMMATIC
CATEGORICAL
EXCLUSION
DETERMINATION
FORM
08-Aiv-Ranch
Mirage
NIA
Clst•Co.•Rte
! {ot
L.oca
Ager,cy)
K.PJ(P.M.)
E.A.
(Slate
project)
iiroj.
No.
(Local
project)
(Fed,
Prog.
Prefix
Proj.
No.,
Agr.
No)
PROJECT
DESCAIPTlON:
.(Briefly
aesctibe
project,
purpose,
locatlcn,
imlb,
rlgtu-of--way
raql.llraments,
ar,d
actMlies
involved,) The
Ramon
Rd.
Widening
project
consists
of
widening
Ramon
Rd.
from
a 2-IMe
road
ro
a 6-Jlllle
divided
highway
BIid
11ddin1
a.
16-foot
wide
rnedfan.
and
8-ioor
111ide
.shoulcx:rt,
Project
Jimiu
Ille
from
Da
Vail
Dr.
10 Los
Alamos
Rood
where
the
project
will
meet
me
ma1,h
line
of
thi:
complcu:d
Agua
C:ilicn~
11\4illll
-widcn
i11g
·project,
•
---------·--------------------------------~ CECA
COMPLIANCE
C&leSfi!rlc:al
Enmption
(Sea
14 CCR
,5300
et
seq.)
•
If
~
project
lalls
v.tithin
exempt
class
3,
4. !5,
6 or ,
1,
It doas
not
impact
an
anVironmental
resourc:e
of
nazard0ul
or
critical
concem
where
designated,
precisely
mapped
and
alticially
adopted
pursuant
to
law
.
•
Thate
wil
nor
be
a 5ignillc:anl
cumulallve
enect
by
1h11
project
and
succeaaive
projects
of
lhe
aame
type
in
ttie
S.ffl41
place
, over
lime.
•
There
i;
not
a reasonable
posslblllry
that
the
project
will
have
·a
algnlflctVII
affect
on
lhe
el'!Ylronment
due
ta
unusual
circumstances.
•
Thi;
project
d0es
net
damage
a acenlc
resource
withiri
an
officially
designated
state
scenic
highway.
•
This
proJact
is
not
localed
on
a site
Included
gn
any
list
cof'Tlplied
puraullf\t
to
Govt.
Code
§ 65862,5
c•eorwsa
List").
•
This
project
dOes
not
cause
a
substantial
adverse
cl'lange
in
th!!
slgnlfic:anc:e
ot
a historical
res0L11Cfil.
CALTRANS
CEQA
DETERMINATION
(for
State
ProjtlCfS
only)
(
]
Eaempl
by
Statuta
(PAC
21080)
8asad
on
an
eJamlnadcn
of
ihls
i:ircposal,
supporting
information
, and
the
ab0\19
statements, lhe
project
is:
( )
Catagorically
Eitempt.
Class_
, or(
)General
Rule
eaemptlon
(This
project
does
not
fall
within
en
•••mp1
clsss,
bul
it can
ba
seen
wllh
certainty
that
thara
is
1"10
posslbiliry
ttial
11'11
acIl11ily
may
have
a
slgni1icant
effect
on
the
environment
(CCA
15061
(b)(3)])
NIA
SI
nature:
Envlrorvnental
omce
Chief
NEPA
COMPUANCE
(23
CFA
771.117)
CATEGORICAi.
EXCLUSION
NIA
SI
nature:
Pnfect
Mana
er
•
This
prcject
does
noI
have
a
significant
Impact
on
the
environment
as
denned
by
Iha
fllePA.
•
This
Praiec\
does
not
Involve
substantial
co,,uovr111sy
on
en11lronmenta1
grounds.
•
Thia
prqect
does
no•
involve
aignUlcant
impaclS
on
properlfes
protected
by
Section
4(f}
of
the
DOT
Act
01'
Sec;tio,,
106
of
lhe
N
■donal
Hl.toric
P*IW81ion
AJ;t,
•
In
nonatasinrnant
or
mlli11teiwnce
aress
for
Federal
air
qualll)'
srandards:
tl'd&
prcJecI
comes
tf0ffl
a
C1..1rre1111y
ccnfonning
pian
and
Transpo,wlon
lmprovemem
Program.
•
Thia
p,oject
is
cOI\Slsrent
with
all
Federal,
State,
&
IOcal
laws
; requirernanrs
or
edmlnlSuaiive
determlnallons
relalins
to
the
onvt~antel
uptcts
ol
1h18
action.
.
PROGRAMMATIC
CATEGOIIICAL
EXCLUSION
.
.
C 1
Sued
on
!lie
evaluation
o/
1hls
p,qec:t
ono
supporting
doeumanlation
In
tile
prcject
files,
all
11'.'•
conditions
of
Iha
September
7,
, eeo
Programmatic
Catagorical
Eircluslon
have
been
mat.
F~WA
DETERMINATION
(ilapplicatn.l
Based
an
the
evaluation
ot
Olis
project
and
!tie
st,neme
!I
properly
classified
as
a Categorical
Exdusion.
e,
I ·s
detern,lr,ed
lhal
Iha
projeer
meets
lhe
criteria
of
and
is
1/:tlo,
.
A
ranspol1allon
Eng
ineer
r Carli
P.
003
■
Additional
information
attached
or
referenced.
as
appropriate
(e.g.
-Mhigation
commltmenta
tor
NEPA
on
1,
; Air
Quality
studies
and
Clocumamalion
of
exemption
from
regional
ccnfonnll'y
or
i.a&e
of
CO
Protocol;
§106
COIMllrmama:
§4(f)
or
Programmatic
§4(f);
daro
of
COE
nationwide
permit;
§ 7
5P'!Ci
■ s
survey
rasU!t&;
WeUands
Finding;
AOOClplaln
Finding;
addllional
studies;
design
conditions:
L.ac:al
1t.gercy
NOE.)
...
7-1367
Preliminary
Environmental
Evaluation
Required
Studies
81 Air
Quality
81 Noise
Study
=:]
Energy
Study
=:J
Water
Quality
:J
Flood
Plain
Risk
Assessment
g;)
Hazardous
Waste
Preliminary
Site
Investigation
J
Natural
Environmental
Study
J
Geotechnical
Report
~
Traffic
Study
f8I
Biological
Assess~ent
D
Socio-Economic
Evaluation
D
Relocation
lmpa
·cts
Study
[8J
Historic
Property
Survey
Report
[8J
Archaeological
Survey
Report
181
Pafeontorogical
Survey
Report
[8J
Historic
Architectural
Survey
Report
D
Section
4(f)
Evaluation
181
Stormwater
Pollution
Prevention
Plan
(To
be
prepared
by
Contractor)
Coordination,
Permits,
or
Approvals
Which
May
Be
Required
J
State
Historic
Preservation
Officer
J
Soil
Conservation
Service
(AD
1006)
J
Farmland
Protection
Policy
Act
Department
of
Interior
-
Section
4(f)
or
J
Section 6(f)
J
Airport
Coordination
J
Corps
of
Engineers
J
U.S.
Coast
Guard
J
State
Lands
Commission
J
Coastal
Zone
Consistency
181
California
Fish
&
Game
(Resource
protection;
State
Endangered
Species;
1601/3
Agreement)
181
Regional
Water
· Quality
Control
Board
(Completed
as
part
of
CEQA
process)
D
Cal/EPA
Department
of
Toxic
Substances
Control*
D
Environmental
Protection
Agency
(Wetlands,
Hazardous
Waste)
D
U.
S.
Fish
and
Wildlife
Service
(wetlands,
Section
7 coordination)
181
Native
American
Coordination
0 Caltrans
(Encroachment
.Permit)
l8I
Others
(BIA
Lands,
~OW
.AcqwisiUon)
Preliminary
Environmental
Documentation
Determination
]
Categorically
Exempt
(CEQA)
J
Categorically
Excluded
(NEPA)
Possible
Significant
Impacts:
None
Environmental
Document
target
dates
to
public:
gnature
:
Project
Manager
gnature
: Environmental
Branch
Chief
•S:lss 1435\3004\Misc01
rev
l8I
Initial
Study/Negative
Declaration
(CEQA)
D
Environmental
Assessment
(NEPA)
D
EIR
(CEQA)
0 EIS
(NEPA)
. .,Draft
__
_
Final
---
7-1368
Y CITY OF RANCHO MIRAGE
Planning Division
69-825 Highway 111
Rancho Mirage, CA 92270
[email protected]
(760) 328-2266
PUBLIC HEARING NOTICE
PLANNING COMMISSION MEETING
Thursday, March 28, 2024 - 2:00 p.m.
Environmental Assessment Case No. EA23-0006; Development Agreement Case No.
DA23-0002; General Plan Zoning Map Amendment Case No. GPZMA23-0002; Specific Plan Case No. SP23-0002; Tentative Parcel Map Case No. TPM23-0004 (Tentative Parcel Map 38834); Preliminary Development Permit Case Nos. PDP23-0006 and PDP23-0007 Applicant:
Request:
Location:
McKellar McGowan Holdings, LLC
Consideration of a specific plan with three (3) planning areas for the development of a mixed-use neighborhood on 36± acres located at the northwest corner of Ramon Road and Rattler Road. General Plan Zoning Map Amendment Case No.
GPZMA23-0002 proposes to change the High Density Residential (R-H) land use designation to General Commercial (C-G) for 8.3± acres (Planning Area 3) fronting Ramon Road, and apply the Affordable Housing Overlay to 3.3± acres (Planning Area 2) in the west-central portion of the site while preserving the R-H designation on 24.5± acres (Planning Area 1 ). Planning Area 1 (PDP23-0007) proposes 210 single-family rental homes with amenities, Planning Area 2 (PDP23-0006) proposes 94 apartments and a central recreation area, and Planning Area 3 proposes up to 75,000 square feet of commercial uses.
Additional Development Plan(s) will be submitted for Planning Area 3 in the future.
Northwest corner of Ramon Road and Rattler Road -APN: 670-230-021 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the City of Rancho Mirage PLANNING COMMISSION RE: consideration of the above-referenced application pursuant to Rancho Mirage Municipal Code Title 17. An environmental assessment application was submitted for the subject project and the determination was made that the project required an initial study. An Initial Study has been prepared to result in the recommendation to adopt a Mitigated Negative Declaration (MND). A Notice of Intent to Adopt a Mitigated Negative Declaration was published in the Desert Sun on December 17, 2023, and distributed to 7-1369
EA23-0006, GPZMA23-0002 , SP23-0002, DA23-0002, TPM23-0004 , PDP23-0006 & PDP23-0007 March 28, 2024 interested parties. The 30-day public review period for the Draft Mitigated Negative Declaration was from December 22, 2023, to January 22, 2024.
The Public Hearing will be held on Thursday, March 28, 2024, at 2:00 p.m., in the Council Chamber, 69-825 Highway 111, Rancho Mirage, California, at which time and place pertinent testimony will be heard. The file, including all environmental information, is available for public inspection at City Hall, Monday through Friday, between 8 a.m. and 5 p.m.
Written testimony may be submitted to the City Clerk via email to [email protected] , or mailed to City of Rancho Mirage, ATTN: City Clerk, 69-825 Highway 111, Rancho Mirage, CA 92270. Written testimony must be received no later than 11 :00 a.m. on the day of the meeting to be considered by the Planning Commission.
GOVERNMENT CODE § 65009 NOTICE: If you challenge this proposed activity in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the Planning Commission sufficiently prior to the Public Hearing to enable its consideration by them.
VICINITY MAP
~ a ',;:
Q:: Q:: c§ a a
~
Q:
::i;
~ ls:
~ 25 E: ~
~ ~ g
~
VICINITY MAP
NOT TO SCALE
MIRA VISTA AT MISSION HILLS HOMEOWNERS ASSOCIATION
Outline for Meeting with City Mayor
February 28, 2018
I. Share Background on Issue with Mayor
a. Noise Impact Analysis
i. P repared for the City in February 2003 in relation to Ramon Road widening from two to six lanes
ii. The ACountry Club Homes @ (i.e., Mira Vista homes) were not included in the Area of P otential Effect but were addressed in Analysis
iii. Analysis concludes that A extrapolation of the near -field predicted noise levels suggest that the closest homes currently under construction could be noise impacted in the future.@
iv. At the time, Mission Hills Country Club did not support construction of higher wall to act as noise barrier and City did not require it b. Specific Plan for Mission Hills North (includes Mira Vista) - Contemplates noise impacts on the residences from nearby existing and future roadways; indicates that modifications to the wall along Ramon Road may be necessary to reduce noise in residential areas closest to the streets. c. Amendments to the Specific Plan - r ecommend mitigation measures such as acoustic berms or berm and barrier combinations to minimize noise impacts
II. Share Highway Noise Mitigation Prediction Study with Mayor a. Prepared for Mira Vista in March 2017 for “Residential Medium and High Density” development
b. Study concludes that noise levels generated by the traffic on Ramon Road exceed the maximum allowable decibel limits for medium /high density residential areas
c. Walk the Mayor through Table 2 and the rest of the Exhibits in the Appendix
III. Discuss City Municipal Ordinances with Mayor
a. City Noise Ordinance - Rancho Mirage Municipal Code, Chapter 8.45 b. Ordinance states that no person, including a public agency, shall operate or cause to be operated any source of sound or allow the creation of sound or noise on property owned, leased, occupied or otherwise controlled by such person which causes the noise level to exceed specified limits c. The City has allowed noise on Ramon Road to exceed the allowable decibel limits
d. C ity has not provided any evidence that it has tested or investigated this violation
e. Noise will only increase when new residential developments are constructed in the vicinity of Mira Vista; a middle school is being proposed 7-1370
on the north side of Ramon Road; there are large commercially zoned properties waiting to be developed
f. City had an obligation to ensure some type of sound barrier at the time Mira Vista was being built, or at least when Ramon Road was being widened
IV. Fallout from Noise Violations
a. According to real estate analysis, homes facing Ramon Road are taking longer to sell and are selling for less than comparable homes that do not face Ramon Road
b. Homeowners cannot enjoy full use of their homes due to noise
V. Request to the City
a. City to immediately perform a noise level test at Mira Vista homes ; Mira Vista will have representatives present during the testing b. City to construct a sound barrier that will decrease impact of noise on homeowners and lower noise levels to fall within acceptable decibel limits (see, Noise Ordinance); Mira Vista would like input on the final noise abatement method selected
c. Mira Vista requests an update regarding whether any monies were set aside for noise mitigation measures by other agencies for the Ramon Road widening project (City Attorney never confirmed one way or the other) d. Both the Westin and the Rehab Center support Mira Vista in requesting immediate action to abate the noise from Ramon Road
7-1371
8-1
TO:
FROM:
CITY OF ~ MIRAG~
~ ~
STAFF REPORT
Hon. Chair & Members of the Housing Authority Board
Marcus J. Aleman II, Housing Manager
DATE: April 18, 2024
SUBJECT: Approval of Fiscal Year 2024 - 2025 (July 1, 2024 to June 30, 2025) Rent Levels - Parkview Villas, San Jacinto Villas, Santa Rosa Villas, and Whispering Waters Age-Restricted Residential Complexes
SPECIFIC REQUEST OR RECOMMENDATION
That the Housing Authority Board of Directors approve the Fiscal Year 2024-2025 rent levels for Parkview Villas, San Jacinto Villas, Santa Rosa Villas, and Whispering Waters Age-Restricted Residential Complexes.
JUSTIFICATION OR INFORMATION
BACKGROUND
Annual Rent Recertification
The Rancho Mirage Housing Authority owns and operates four affordable age restricted (55+) residential rental properties. The four Housing Authority (HA) owned properties are Parkview Villas (PV) an 82-unit property purchased by the HA in December 1989, San Jacinto Villas (SJV) an 83-unit property constructed and opened by the HA in 2011, Santa Rosa Villas (SRV) a 34- unit property constructed and opened by the HA in 2006, and Whispering Waters (WW), a 30- unit property that the HA assumed ownership of in July 2004. Combined, the HA provides a total of 229 affordable housing units.
Adhering to HUD affordable housing guidelines, the monthly rent paid by each household at these properties is established after an annual review of the household's previous year's annual total gross income. Per HUD guidelines, each household's rent is established using the same formula, which is simply to calculate 30 percent of the household's total prior year annual gross income. The certification is done to confirm that residents remain eligible for affordable housing.
State Income Limits established by the Department of Housing and Community Development for Riverside County help determine residents' eligibility.
The annual income certification was recently completed by the Housing Authority's property management company, Hyder & Company, and Housing Authority staff, and identifies the proposed rents for FY 2024/2025 . Rent calculations are rounded up to the next whole dollar.
AGENDA ITEM#
8-2
DATE: April 18, 2024
Rent Recertification
JUSTIFICATION OR INFORMATION CONTINUED:
Housing Commission Review
The Housing Commission considered the proposed rents for FY 2024 - 2025 (July 1, 2024 - June 30, 2025) at the Housing Commission's Special Meeting scheduled April 10, 2024. The meeting is designated as a 'Special Meeting' due to it being conducted outside of its regular scheduled meeting dates. Staff presented a summary of the annual rent recertification process and invited the public to testify.
No public testimony was given. At the close of public comment, the Housing Commission requested that units still under the current 2023-2024 minimum base rents due to being new move-ins be noted to avoid confusion with the new 2024-2025 recertified rent rates.
The following motion was made:
MOVED/SECONDED BY GENESEN/MULVIHILL TO RECOMMEND THE HOUSING AUTHORITY BOARD OF DIRECTORS RECEIVE AND APPROVE THE FISCAL YEAR 2024 -2025 (JULY 1, 2024 - JUNE 30, 2025) RENT LEVELS. A ROLL CALL VOTE WAS TAKEN AND MOTION CARRIED 5/0.
ATTACHMENT(Sl
1. Housing Commission Staff Report
2. Draft Housing Commission Minutes dated April 10, 2024
3. Parkview Villas FY 2024 - 2025 Rent Levels
4. San Jacinto Villas FY 2024 - 2025 Rent Levels
5. Santa Rosa Villas FY 2024 - 2025 Rent Levels
6. Whispering Waters FY 2024 - 2025 Rent Levels
AGENDA ITEM#
8-3
CITY OF~ MIRAG~
~ ~
ATTACHMENT 1
STAFF REPORT
TO: Hon. Chair Newton DATE: April 10, 2024
Members of the Housing Commission
FROM: Marcus J. Aleman II, Housing Manager
SUBJECT: Recommendation for approval of Fiscal Year 2024 - 2025 (July 1, 2024 to June 30, 2025) Rent Levels - Parkview Villas, San Jacinto Villas, Santa Rosa Villas, and Whispering Waters Age-Restricted Residential Complexes SPECIFIC REQUEST OR RECOMMENDATION:
That the Housing Commission receive and recommend approval to the Housing Authority Board of Directors the Fiscal Year (FY) 2024 - 2025 rent levels.
INFORMATION:
Parkview Villas (PV) was purchased by the Housing Authority (HA) in December 1989 and is an 82-unit affordable age-restricted (55+) residential rental project. San Jacinto Villas (SJV) is an 83-unit affordable age-restricted (55+) residential rental project that was constructed and opened by the Housing Authority in 2011. Santa Rosa Villas (SRV) is a 34-unit affordable age-restricted (55+) residential rental project that was constructed and opened by the Housing Authority in 2006. The Housing Authority assumed ownership of Whispering Waters (WW), a 30-unit affordable age-restricted (55+) residential rental project, in July 2004.
Adhering to HUD affordable housing guidelines, the monthly rent paid by each household at these properties is established after an annual review of the household's previous year's annual total gross income. Each household's rent is established using the same formula, which is simply to calculate 30 percent of the household's total prior year annual gross income. The certification is done to confirm that residents remain eligible for affordable housing. State Income Limits established by the Department of Housing and Community Development for Riverside County help determine residents' eligibility. Please see the table below.
Number of Person in Household
Income Category
1 2 3 4 5
Acutely Low $9,950 $11,350 $12,800 $14,200 $15,350
Extremely Low $19,600 $22,400 $25,200 $30,000 $35,140
Very Low $32,650 $37,300 $41,950 $46,600 $50,350
Low $52,200 $59,650 $67,100 $74,550 $80,550
Median $66,150 $75,600 $85,050 $94,500 $102,050
Moderate $79,400 $90,700 $102,050 $113,400 $122,450
8-4
DATE: April 10, 2024 Page 2 of 2
JUSTIFICATION OR INFORMATION CONTINUED:
The annual income certification was recently completed by the Housing Authority's property management company, Hyder & Company, and Housing Authority staff, and identifies the proposed rents for FY 2024/2025. Rent calculations are rounded up to the next whole dollar.
Please see below for the breakdown of current affordable income households at all four properties (percentages rounded to nearest digit).
Parkview Villas San Jacinto Villas
Acute ly Low 0 0% Acute ly Low 0 0%
Extreme ly Low 36 44% Extreme ly Low 14 17%
Very Low 34 41% Very Low 41 49%
Low 4 5% Low 24 29%
Median 1 1% Median 3 4%
Moderate 0 0% Moderate 0 0%
Vacant 6 7% Vacant 0 0%
Manager Unit 1 1% Manager Unit 1 1%
Total: 82 Total: 83
Santa Rosa Villas Whispering Waters
Acutely Low 0 0% Acute ly Low 0 0%
Extremely Low 5 15% Extreme ly Low 14 47%
Very Low 18 53% Very Low 9 30%
Low 6 18% Low 4 13%
Median 2 6% Median 1 3%
Moderate 1 3% Moderate 0 0%
Vacant 1 3% Vacant 1 3%
Manager Unit 1 3% Manager Unit 1 3%
Total: 34 Total: 30
In 2003, City Council approved a prescription rent credit program to benefit residents of the Housing Authority owned properties. The program covers out-of-pocket medical expenses for the prior year for which the household receives no reimbursement. Prescription Rent Credits are applied to the upcoming FY and are capped at $100 per month per household; but when applied, cannot bring the rent below the established rent minimums.
For the identification of current and proposed rents and the impact of the Prescription Rent Credit program, refer to the attached spreadsheets for the proposed FY 2024-2025 rent levels.
Staff recommends that the Housing Commission receive and recommend approval of the household rent levels for these Housing Authority owned properties for FY 2024-2025.
ATTACHMENTlSl:
1. Parkview Villas FY 2024 - 2025 Rent Levels
2. San Jacinto Villas FY 2024 - 2025 Rent Levels
3. Santa Rosa Villas FY 2024 - 2025 Rent Levels
4. Whispering Waters FY 2024 - 2025 Rent Levels
8-5
ATTACHMENT 2
---------------············ ---------····································-- - - --········ ·················································-···--- - ---································- - ~ CITY OF RANCHO MIRAGE
HOUSING COMMISSION
SPECIAL MEETING
Wednesday. April 101 2024 - 11:00 A.M.
City of Rancho Mirage
City Hall - Conference Room 3
69-825 Highway 111
Rancho Mirage, CA 92270
NOTICE IS HEREBY GIVEN that the Chair of the City of Rancho Mirage Housing Commission has called a Special Meeting for the purpose stated below:
DRAFT MINUTES
CALL TO ORDER- 11 :00 A.M.
Roll Call: Caridi, Harris, Genesen, Mulvilhill, and Newton - All Present.
NON-AGENDA PUBLIC COMMENT - None.
MINUTES - February 7, 2024, Special Meeting
Commissioner Harris requested information on the Commission's mission statement, which had been covered at the last meeting. Additionally, he asked whether a recent court ruling would have any impact on the 1,726 units that were planned for development.
Marcus Aleman, Staff liaison, responded that the planned developments would not be impacted by the ruling.
Majna Dukie, Director of Development Services, also responded that the ruling did not impact projects currently in place with the development and disposition agreements.
Commissioner Harris reported that during earlier council meetings a resident had brought up a lawsuit related to her prior housing unit stay and asked whether there had been any discussion about it.
Marcus Aleman, Staff liaison, stated that the resident was the subject of legal proceedings, which has been addressed.
Commissioner Harris asked if it would be possible to arrange a visit of the facilities before it got too hot.
Marcus Aleman, Staff liaison, stated that it would be handled. 4/10/2024 Special Housing Commission Meeting DRAFT Minutes Page 1 of 2 8-6
·····················-•·····························-·································---·•···········•····· ····································-- ···•-··········•··········-- ---- - --···••·························••·•--······· MOVED/SECONDED BY MULVIHILL/HARRIS TO APPROVE THE FEBRUARY 7, 2024, SPECIAL MEETING MINUTES. MOTION CARRIED 5/0.
DISCUSSION / ACTION ITEM
1. Approval of Fiscal Year 2024 - 2025 (July 1, 2024 - June 30, 2025) rent levels - Parkview Villas, San Jacinto Villas, Santa Rosa Villas, and Whispering Waters Age-Restricted Residential Complexes .
Marcus Aleman, Staff liaison, gave the staff presentation.
Commissioner Genesen questioned whether vacant units had been occupied and if the city covered the maintenance costs for the units.
Mr. Aleman shared that the units were in process of being filled and clarified the turnover process including waiting lists. Additionally, he disclosed that the Housing Authority paid for maintenance.
Commissioner Harris asked if the commission could obtain a copy of the facility budget and inquired about the minimum rent rates from the different complexes.
Mr. Aleman responded that he could provide the budget process and addressed the adjustments in rent amounts.
Commissioner Harris proposed that notes of new move ins be included for reference in the future and inquired if there were other rent credits for tenants other than medical credits.
Mr. Aleman responded that the medical rent credit was the sole credit.
Commissioner Genesen questioned if insurance was a credit.
Mr. Aleman answered that it was not.
Public Comment - None.
MOVED/SECONDED BY GENESEN/MULVIHILL TO APPROVE THE FISCAL YEAR 2024 - 2025 (JULY 1, 2024 - JUNE 30, 2025) RENT LEVELS - PARKVIEW VILLAS, SAN JACINTO
VILLAS, SANTA ROSA VILLAS, AND WHISPERING WATERS AGE-RESTRICTED RESIDENTIAL COMPLEXES. MOTION CARRIED. 5/0.
ADJOURNMENT - 11 :14 A.M.
Prepared by: Yesenia Amador, Executive Coordinator
Date Approved by Housing Commission:
4/10/2024 Special Housing Commission Meeting DRAFT Minutes ··········································page2 of2· ·················· 8-7
Attachment 3
Parkview Villas
FY 2024 - 2025 Rent Levels
(See Attached)
8-8
PARKVIEW VILLAS
Fiscal Year 2024 - 2025 Monthly Rents
1 Bedroom $443
Minimum Base Rents
2 Bedroom $479
Unit Type Income FY2023-24 Medical FY2024-25
1BR I 2BR Level Monthly Rent Credit Monthly Rent
1 Extremely Low $469 - $483
1 Extremely Low $469 - $483
1 Extremely Low $469 - $483
1 Extremely Low $473 -$28.79 $483
1 Extremely Low $469 - $483
1 Extremely Low $469 - $483
1 Extremely Low $434 - $483
1 Extremely Low $469 - $483
1 Extremely Low $469 - $483
1 Extremely Low $469 - $483
1 Extremely Low $434 - $483
1 Very Low $519 -$45.53 $488
1 Very Low $591 -$100.00 $512
1 Extremely Low $469 - $518
1 Extremely Low $469 - $519
1 Extremely Low $525 - $525
1 Extremely Low $469 -$38.32 $527
1 Very Low $584 - $544
1 Very Low $457 -$18.98 $590
1 Very Low $609 - $624
1 Very Low $607 - $625
1 Very Low $584 - $628
1 Very Low $696 - $634
1 Extremely Low VACANT - $657
1 Very Low $1,045 - $671
1 Very Low $590 -$15.36 $672
8-9
Unit Type Income FY2023-24 Medical FY2024 -25
1BR I 2BR Level Monthly Rent Credit Monthly Rent
1 Very Low $735 -$89.71 $700
1 Very Low $833 -$34.74 $821
1 Low $891 - $909
1 VACANT $628 - VACANT
2 Extremely Low $504 - $519
2 Extremely Low $504 - $519
2 Extremely Low $505 - $519
2 Extremely Low $503 - $519
2 Extremely Low $504 - $519
2 Extremely Low $466 - $519
2 Very Low $548 - $564
2 Very Low $649 -$40.97 $627
2 Very Low $625 - $653
2 Very Low $625 - $653
2 Very Low $641 - $659
2 Very Low $605 - $661
2 Very Low $633 -$100.00 $663
2 Very Low $666 - $705
2 Very Low $758 -$8.02 $744
2 Very Low $925 - $801
2 Very Low $742 - $808
2 Very Low $768 -$63.64 $827
2 Very Low VACANT - $895
2 Very Low VACANT - $908
2 Low $808 - $924
2 Very Low VACANT - $954
2 Low $1,084 -$100.00 $1,121
2 Low $1,443 - $1,417
2 Median VACANT - $1,680
8-10
Unit Type Income FY2023-24 Medical FY2024-25
1BR I 2BR Level Monthly Rent Credit Monthly Rent
2 MGR UNIT VACANT - MGR UNIT
2 VACANT $514 - VACANT
2 VACANT $532 - VACANT
2 VACANT $528 - VACANT
2 VACANT $1,027 - VACANT
2 VACANT $509 - VACANT
Section 8 Voucher Program
Housing Assistance Payment (HAP) Eligible Units
Unit Type Income FY2023-24 Medical FY2024-25 Section 8 Tenant 1BR I 2BR Level Monthly Rent Credit Monthly Rent HAP Payment 1 Very Low $1,040 . - $1,440 $998 $442
1 Extremely Low $1,040 - $1,440 $1,172 $268
1 Extremely Low $469 - $1,480 $1,249 $231
1 Extremely Low MGR UNIT - $1,540 $1,174 $366
2 Extremely Low $1,240 - $1,540 $1,242 $298
2 Extremely Low $1,240 - $1,540 $1,068 $472
1 Very Low $1,480 - $1,480 $924 $556
1 Extremely Low $1,040 - $1,440 $1,179 $261
2 Very Low $770 - $1,540 $950 $590
2 Extremely Low $1,240 - $1,540 $1,257 $283
1 Extremely Low $1,040 - $1,440 $1,216 $224
1 Extremely Low $1,040 - $1,440 $698 $742
2 Very Low $1,240 - $1,540 $1,006 $534
1 Very Low $1,480 - $1,540 $980 $560
1 Very Low $1,040 - $1,440 $985 $455
8-11
Grandfathered Rent Units I No Minimum Base Rent Increases Tenants resided on property prior to the establishment of the minimum base rents Unit Type Income FY2023-24 Medical FY2024-25
1BR I 2BR Level Monthly Rent Credit Monthly Rent
1 Extremely Low $365 - $365
1 Very Low $375 - $375
2 Extremely Low $400 - $400
2 Extremely Low $400 - $400
2 Extremely Low $365 - $365
2 Extremely Low $350 - $350
Grand Totals
FY 2023 - 24 Monthly Rent Monthly Medical Credit FY 2024 - 25 Monthly Rent $51,664 -$684.06 $60,490
8-12
Attachment 4
San Jacinto Villas
FY 2024 - 2025 Rent Levels
(See Attached)
8-13
San Jacinto Villas
Fiscal Year 2024 - 2025 Monthly Rents
1 Bedroom $696
Minimum Base Rents:
2 Bedroom $731
Unit Type Income FY2023-24 Medical FY2024-25
1BR I 2BR Level Monthly Rent Credit Monthly Rent
1 Median $747 - $1,720
1 Low $1,004 -$100.00 $1,026
1 Extremely Low $727 - $749
1 Very Low $962 -$76.50 $986
1 Low $910 - $939
1 Very Low $1,553 - $861
1 Low $849 -$100.00 $829
1 Very Low $847 - $727
1 Low $828 -$100.00 $857
1 Very Low $727 - $749
1 Extremely Low $727 - $749
1 Very Low $727 - $749
1 Low $728 -$100.00 $799
1 Very Low $727 - $749
1 Very Low $727 - $749
1 Extremely Low $727 - $749
1 Very Low $727 -$8.61 $749
1 Very Low $751 -$35.58 $844
1 Low $727 - $889
1 Very Low $727 - $749
1 Very Low $727 - $749
1 Very Low $727 - $749
1 Very Low $727 -$35.50 $821
1 Extremely Low $727 - $749
1 Low $1,170 -$100.00 $1,248
1 Extremely Low $727 - $749
1 Low $925 - $953
8-14
Unit Type Income FY2023-24 Medical FY2024-25
1BR I 2BR Level Monthly Rent Credit Monthly Rent
1 Very Low $727 -$7.92 $769
1 Very Low $727 - $749
1 Low VACANT -$100.00 $889
1 Low $753 - $909
1 Low $851 - $892
1 Very Low $873 - $928
1 Very Low $733 -$52.45 $767
1 Extremely Low $877 - $749
1 Low $809 -$16.92 $918
1 Very Low $727 -$64.71 $749
1 Very Low $673 - $749
1 Extremely Low $727 - $749
1 Low $766 -$100.00 $783
1 Very Low $727 - $942
1 Very Low $732 - $749
1 Low $824 -$94.79 $850
1 Low $751 -$100.00 $780
1 Low $1,227 - $1,264
1 Very Low $727 - $829
1 Very Low $727 - $749
1 Extremely Low $673 - $759
1 Very Low $727 - $749
1 Very Low $727 - $769
2 Very Low $727 -$33.31 $784
2 Very Low $771 - $794
2 Very Low $849 - $890
2 Low $838 -$84.98 $874
2 Extremely Low $1,110 - $784
2 Median $1,582 - $1,631
2 Low $1,153 -$31.68 $1,172
2 Very Low $907 - $881
2 Very Low $771 - $794
8-15
Unit Type Income FY2023-24 Medical FY2024-25
1BR I 2BR Level Monthly Rent Credit Monthly Rent
2 Very Low $896 - $925
2 Very Low $762 - $794
2 Low $761 - $1,094
2 Extremely Low $761 - $784
2 Low $1,858 - $1,224
2 Very Low $761 - $784
2 Low $1,473 -$29.92 $1,141
2 Low $771 - $1,147
2 Very Low $915 - $749
2 Low $1,070 -$59.14 $1,076
2 Very Low $771 - $794
2 Low $884 -$100.00 $914
2 Very Low $761 - $749
2 Median $761 -$100.00 $1,842
2 Extremely Low $812 - $784
2 Very Low $761 - $784
2 Very Low $771 - $794
2 Very Low $761 - $784
2 Extremely Low $761 - $749
2 Very Low $761 - $992
Section 8 Voucher Program
Housing Assistance Payment (HAP) Eligible Units
Unit Type Income FY2023-24 Medical FY2024-25 Section 8 Tenant 1BR I 2BR Level Monthly Rent Credit Monthly Rent HAP Payment 1 Extremely Low $674 - $1,553 $1,236 $317
1 Very Low $727 - $1,553 $1,160 $393
1 Extremely Low $1,053 - $1,553 $1,279 $274
Grand Totals
FY 2023 - 24 Monthly Rent Monthly Medical Credit FY 2024 - 25 Monthly Rent $68,258 -$1,632.01 $73,473
8-16
Attachment 5
Santa Rosa Villas
FY 2024 - 2025 Rent Levels
(See Attached)
8-17
Santa Rosa Villas
Fiscal Year 2024 - 2025 Monthly Rents
Minimum Base Rent $681
All units are 2 bedroom.
Income FY2023-24 Medical FY2024-25
Level Monthly Rent Credit Monthly Rent
Very Low $758 -$99.37 $736
Very Low $714 - $736
Very Low $1,094 -$61.26 $736
Very Low $714 -$20.45 $736
Very Low $714 - $736
Extremely Low $714 - $736
Very Low $714 - $736
Very Low $714 - $736
Very Low $714 - $736
Very Low $661 - $736
Extremely Low $761 - $736
Very Low $720 -$68.84 $736
Very Low $724 - $746
Very Low $776 -$100.00 $758
Very Low $695 - $768
Very Low $730 - $801
Low $755 -$100.00 $802
Very Low $820 -$12.42 $843
Low $771 -$46.63 $845
Very Low $1,704 - $881
Very Low $898 - $925
Low $1,161 -$54.84 $1,062
Low $916 -$100.00 $1,068
Low $1,073 -$100.00 $1,074
Low $1,383 -$100.00 $1,429
Median $1,267 - $1,696
8-18
Income FY2023-24 Medical FY2024-25
Level Monthly Rent Credit Monthly Rent
Median $1,502 - $1,832
Moderate VACANT - $2,171
MGR UNIT MGR UNIT - MGR UNIT
VACANT $714 - VACANT
Section 8 Voucher Program
Housing Assistance Payment (HAP) Eligible Units
Income FY2023-24 Medical FY2024-25 Section 8 Tenant
Level Monthly Rent Credit Monthly Rent HAP Payment
Extremely Low $1,255 - $1,555 $1,266 $289
Very Low $1,555 - $1,555 $1,076 $479
Extremely Low $661 - $1,555 $1,192 $363
Extremely Low $1,255 - $1,555 $1,051 $504
Grand Totals
FY 2023 - 24 Monthly Rent Monthly Medical Credit FY 2024- 25 Monthly Rent $29,607 -$863.81 $32,753
8-19
Attachment 6
Whispering Waters
FY 2024 - 2025 Rent Levels
(See Attached)
8-20
Income
Level
Extremely Low
Extremely Low
Extremely Low
Extremely Low
Extremely Low
Extremely Low
Extremely Low
Extremely Low
Very Low
Extremely Low
Very Low
Extremely Low
Very Low
Very Low
Very Low
Very Low
Very Low
Low
Very Low
Low
Low
Low
Median
VACANT
MGR UNIT
Whispering Waters
Fiscal Year 2024 - 2025 Monthly Rents
Minimum Base Rent: $408
All Units 1 Bedroom
FY2023-24 Medical
Monthly Rent Credit
$438 -
$422 -
$498 -
$422 -
VACANT -
$422 -
$422 -
$422 -
$474 -$100.00
VACANT -
$549 -$66.71
$457 -$8.00
$737 -
$593 -
$697 -$100.00
$694 -
$798 -$8.17
$803 -$61.00
$422 -
$531 -
$980 -
$982 -
$1,008 -
$422 -
MGR UNIT -
FY2024-25
Monthly Rent
$390
$435
$435
$435
$435
$435
$435
$484
$489
$505
$515
$516
$604
$611
$632
$708
$763
$869
$896
$934
$1,002
$1,026
$1,517
VACANT
MGR UNIT
8-21
Section 8 Voucher Program
Housing Assistance Payment (HAP) Eligible Units
Income FY2023-24 Medical FY2024-25 Section 8 Tenant
Level Monthlv Rent Credit Monthlv Rent HAP Payment
Extremely Low $1,027 - $1,427 $1,186 $241
Extremely Low $1,027 - $1,427 $1,175 $252
Very Low $1,027 - $1,427 $1,001 $426
Extremely Low $1,027 - $1,027 $660 $367
Extremely Low $505 - $1,607 $1,363 $244
Grand Totals
FY 2023 - 24 Monthly Rent Monthly Medical Credit FY 2024 - 25 Monthly Rent $17,806 -$343.88 $21,986
9-1
CITY OF RANCHO MIRAGE:
~
STAFF REPORT
TO: Mayor and City Council DATE: April 18, 2024
FROM: Gabe Codding, Director of Marketing
SUBJECT: Amendment to Visit Greater Palm Springs Joint Powers Agreement
SPECIFIC REQUEST OR RECOMMENDATION
That the City Council approve and adopt Resolution No. 2024-(Next-in-Order), approving the Second Amended and Restated Visit Greater Palm Springs Joint Powers Agreement.
JUSTIFICATION OR INFORMATION
The Palm Springs Desert Resort Communities Convention and Visitors Authority, now known as "Visit Greater Palm Springs (VGPS)(," is a joint powers authority operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.).
Visit Greater Palm Springs was formed in 1989. The operative legal document governing the joint powers authority is the Joint Powers Agreement, originally executed in 1989 and subsequently amended on multiple occasions, most recently in 2015.
Visit Greater Palm Springs' Executive Committee adopted Resolution Nos. 2024-002 and 2024- 003, approving various amendments to the Joint Powers Agreement, and authorizing the President/Chief Execute Officer to take all reasonable steps to seek approval of the amendments by the legislative bodies of the JPA members. Among the revisions recommended are provisions for the City of Coachella to join the JPA agreement, establishing a regional economic development marketing strategy to be administered by VGPS, and new JPA member contributions. The Visit Greater Palm Springs staff report and resolution are attached to this staff report.
ATTACHMENT(S)
1. VGPS Staff Report
2. VGPS Resolutions
3. Second Amended and Restated Joint Powers Agreement (Redline)
4. City Council Resolution
AGENDA ITEM#
9-2
ATTACHMENT 1
VGPS STAFF REPORT
(SEE ATTACHED)
9-3
"llisit' ~ greater
palm springs
70100 fiii;wxu; lll / rancho mirag e, co 92270
760 .110.9000 / soo .96 7.3767
STAFF REPORT
TO: JPA Executive Committee
FROM: Scott White, President & CEO
DATE: March 26, 2024
SUBJECT: RECOMMEND APPROVAL AND ADOPTION OF RESOLUTION NO. JPA 2024-003; A RESOLUTION
OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE OF VISIT GREATER PALM SPRINGS APPROVING AN AMENDMENT TO SECTION 12 OF THE AMENDED AND RESTATED JOINT POWERS
AGREEMENT REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY MEMBERS Staff Recommendation
Staff recommends that the JPA Executive Committee approve and adopt Resolution No. JPA 2024-003.
Background
VGPS staff recommended adding the City of Coachella to the JPA Executive Committee. This recommendation was based on the new economic development diversity recruitment responsibilities and the addition of short-term vacation rentals in the City of Coachella. During the JPA agreement amendment process VGPS staff learned that when the JPA was first established, an entry and operation fee were required of all JPA member agencies .
Upon executing the Joint Powers Agreement on February 1, 1989, the original JPA members (eight cities) paid an upfront fee to help establish the organization . Commencing July 1, 1989, and quarterly thereafter, each JPA member agency contributed an amount based on a funding formula .
The interim funding fee and interim operation fee were divided among the JPA member cities . The interim fee was based on .55% x gross sales and the operation fee was based on the interim fee multiplied by
15.62%. Please see the original interim funding schedule below:
Fiscal Year 1988/1989
Interim Funding Formula
FY 1987-1988 FY 1987-1988
Estimated Gross Interim Ooeration X
Citv Sales ~.55% 15.62%
Desert Hot Sprin gs $ 3,338,000.00 $ 18,359 .00 $ 2,868.00 Palm Springs $ 63,333,000.00 $ 348,332 .00 $ 54,409.00
Cathedral City $ 10,744,000.00 $ 59,092.00 $ 9,230 .00
Rancho Mirage $ 23,750,000.00 $ 130,625.00 $ 20,404.00
Palm Desert $ 47,083,000.00 $ 258,957.00 $ 40,449.00
I ndian Wells $ 9,857,000 .00 $ 54,214.00 $ 8,468 .00
La Quin ta $ 9,250,000.00 $ 50,875.00 $ 7,947.00
I ndio $ 5,375,000 .00 $ 29,563.00 $ 4,618.00
Coachella $ - $ 10,000.00 $ 1,562.00
IQmJ. !Ii 172. 730 nnn nn !Ii ~~n.011 nn !Ii 11;.n nnn nn 9-4
Riverside County joined the JPA Executive Committee in 1995. The amendment to the Joint Powers Agreement approving and adopting the membership of Riverside County established a minimum contribut ion of $30,000. The minimum annual contribution was subject to an annual increase at a rate of 5% per year. Outlined below are the historical payments made by Riverside County.
Riverside County Annual Contribution
1995 $ 31,500.00
1996 $ 31,500.00
1997 $ 33,000.00
1998 $ 34,729.00
1999 $ 36,465.00
2000 $ 38,288.00
2001 $ 40,202.00
2002 $ 42,216.00
2003 $ 44,323.00
2004 $ 46,540.00
2005 $ 48,865.00
2006 $ 57,172.00
2007 $ 57,172.00
2008 $ 48,824.00
2009 $ 36,618.00
New JPA formula began Jan 201 o
201 O 1st half $ 18,309.00
FY 2010-2011 $ -
FY 2011-2012 $ 12,000.00
FY 2012 through
2023 $ 12,500.00
When the TBID was established in 2009, the JPA formula was reduced by 75%. Riverside County annual contribution amount was reduced to align with the reduction of the JPA formula. Riverside County paid $12,500 each year since FY 12/13.
We have no record why Riverside County has not used the established JPA formula that is currently .15% of gross rental revenues for non-convention lodging and .35% for convention lodging.
For reference, the Riverside County estimated JPA formula contribution for FY 22/23 would have been $25,093.
Based on the City of Coachella's historical transient occupancy tax (TOT) budget figures and using the JPA formula, the following table outlines what Coachella's annual JPA contribution would have been for previous years. These calculations are for reference:
21 Page
9-5
City of Coachella
Gross JPA
FY rroT Revenues Formula
2017/2018 $90,360.00 $1,004,000.00 $1,506.00
2018/2019 $133,385.00 $1,482,055.56 $2,223.08
2019/2020 $227,076.00 $2,523,066.67 $3,784.60
2020/2021 $533,044.00 $5,922,711.11 $8,884.07
2021/2022 $710,666.00 $7,896,288.89 $11,844.43
2022/2023 $380,060.00 $4,222,888.89 $6,334.33
2023/2024 $500,000.00 $5,555,555.56 $8,333.33
Based on the formula from FY 88/89 and the most recent estimated TOT collections, the initial fee charged to Coachella to join the JPA Executive Committee would be as follows:
The city of Coachella entry fee calculation is based on their FY 23/24 gross revenues estimate. $5,555,555.00 x .55% = $30,555 plus the operation fee ($30,555 x 15.62%) = $4,772. The total amount would be $35,327.
Staff are recommending any new member agency should pay the entry fee and the fee should be paid within 30 days of joining the JPA Executive Committee.
Outlined below are the current JPA contribution estimates. These figures may fluctuate depending on the final gross revenues and are provided for reference.
Visit Greater Palm Springs Funding Budgets - Desert
Cities 'Fiscal Year 2023 -2024
~PA Member 23/24 Annual Contribution
Cathedral City $ 50,625.00
Desert Hot Springs $ 42,841.99
Indian Wells $ 285,714 .29
Indio $ 77,550.00
La Quinta $ 389,393.18
Palm Desert $ 425,000.00
Palm Springs $ 874,599.17
Rancho Mirage $ 374,591.80
Riverside County $ 12,500.00
Staff is recommending due to the additional responsibilities of economic development recruitment and the broader benefits recognized by the member agencies, a minimum annual JPA member contribution of $35,000 or the current JPA formula, whichever is greater should be required by all member agencies, including Riverside County. The minimum fee would increase annually based on the CPI for Southern California. The JPA formula would not be subject to the CPI adjustment. The annual JPA member contribution, whether the minimum fee or formula fee, would be paid quarterly to the organization and adjusted at the end of the fiscal year based on actual gross room revenues. 3I Page
9-6
ATTACHMENT 2
VGPS RESOLUTIONS
(SEE ATTACHED)
9-7
Gary Gardner, Chair
City of Desert Hot Springs
Waymond Fermon, Vice Chair
City of Indio
Mark Carnevale
City of Cathedral City
Greg Sanders
City of Indian Wells
Linda Evans
City of La Quinta
Jan Harnlk
City of Palm Desert
Jeffrey Bernstein
City of Palm Springs
Steve Downs
City of Rancho Mirage
V. Manuel Perez
County of Riverside
JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
RESOLUTION NO. JPA 2024-002
A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
OF VISIT GREATER PALM SPRINGS APPROVING THE MEMBERSHIP OF THE
CITY OF COACHELLA, EXPANDING THE TERRITORIAL LIMITS TO INCLUDE THE
CITY OF COACHELLA, APPROVING AN AMENDMENT TO THE PURPOSE OF THE JOINT POWERS AUTHORITY, AND CREATING A 501(C)(6) ENTITY WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.), located in the County of Riverside, State of California; and WHEREAS, the JPA Executive Committee serves as the governing body of VGPS; and
WHEREAS, the JPA Executive Committee adopted the Joint Powers Agreement ("Amended and Restated Agreement") on January 20, 2016 ("JPA Agreement"); and
WHEREAS, section 24 of the JPA Agreement provides that the JPA Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws; and
WHEREAS, section 3 (Purpose) of the JPA Agreement provides that the purpose of VGPS is to form a joint powers authority to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from national and international markets, all to the benefit of the VGPS Members and their constituents; and WHEREAS. section 8 (Additional Members) of the JPA Agreement provides that additional VGPS Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as VGPS Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the VGPS Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws; and WHEREAS, section 10 (JPA Executive Committee - Power and Duties) of the JPA Agreement currently authorizes the JPA Executive Committee to appoint an advisory board (known as the Board of Directors) to conduct certain activities on behalf of the JPA; the JPA Executive Committee determines that it is in the best interests of the JPA to create a 501 (c) (6) entity, formerly the Board of Directors, to manage the destination activities of the JPA as further set forth below; and WHEREAS, section 11 (Territorial Boundaries) of the JPA Agreement, provides that VGPS territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of the JPA Agreement. The territorial boundaries of 1 9-8
VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote of the [VGPS] Members' legislative bodies; and WHEREAS, in accordance with above referenced sections of the JPA Agreement, the JPA Executive Committee now desires to (l) revise the purpose set forth in the JPA Agreement as described below, (2) include the City of Coachella as a VGPS Member, (3) expand the territorial boundaries of the JPA to include the City of Coachella, and (4) create a 501 (c) (6) entity, formerly the Board of Directors, to manage the destination activities of the JPA.
NOW, THEREFORE, BE IT RESOLVED by the JPA Executive Committee of Visit Greater Palm Springs as follows:
Section 1. Recitals.
That the Recitals set forth above are true and correct.
Section 2. The Purpose of the JPA.
That the JPA Executive Committee hereby approves and adopts the following amendment to section 3 ("Purpose") of the JPA Agreement:
The purpose of VGPS is to benefit all VGPS Members and
their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and
doing such other things as might be necessary to
enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from national and international markets; and
(b) Doing such other things to promote and strengthen all aspects of the regional economy related to the
hospitality, convention and tourism industry, and the
diversification of the overall region's economy in the
Coachella Valley.
Section 3. VGPS Members .
That the JPA Executive Comm ittee, having determined that the City is qualified to be a member of VGPS, hereby approves and adopts the following amendment to section 7 ("VGPS Members") of the JPA Agreement:
The members of the JPA shall consist of the parties to this Agreement which includes the cities of Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La
Quinta, Palm Desert, Palm Springs and Rancho Mirage
and the County of Riverside.
2 9-9
Section 4. Territorial Boundaries.
That the JPA Executive Committee, having determined that the City is qualified to be a member of VGPS, hereby approves and adopts the following amendment to section 11 ("Territorial Boundaries") of the JPA Agreement:
The JPA's territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of
Cathedral City, Coachella, Desert Hot Springs, Indian
Wells, Indio, La Quinta, Palm Springs, Palm Desert and
Rancho Mirage, as depicted in Exhibit A of this
Agreement. The territorial boundaries of VGPS may only
be changed by a two-thirds vote of the JPA Executive
Committee and a unanimous vote of the VGPS Members'
legislative bodies.
Section 5. VGPS Member Agency Approval.
That the JPA Executive Committee hereby approves and adopts the following amendment to section 1 0(c) ("Purpose") of the JPA Agreement:
Delegate authority to manage destination activities to
[Greater Palm Springs Business Alliance] GPSBA. The
Board of Directors of the GPSBA shall consist of any
number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff
positions for Lodging Establishments or businesses,
eateries, public and private regional sports facilities, public and private museums, public and private
convention and conference facilities, commercial air
transport facilities, commercial ground transportation
businesses, plus any other persons from any other industry deemed appropriate. The BPSBA shall manage the
destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.
The GPSBA will oversee the daily operations, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be
responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and
independent contractors and perform such other
functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors.
Section 6. That the President/Chief Executive Officer of VGPS and/or his designee shall take all reasonable steps to seek (1) the approval of the membership of the City of Coachella, (2) the approval and adoption of the amendments to the JPA Agreement set forth above, and (3) the approval and adoption of a Second Amended and Restated Joint Powers Agreement in substantially the same form as attached hereto as Exhibit "A" and incorporated herein by this reference. 3 9-10
Section 7. Severa blllty.
That the Executive Committee declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 8. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by Visit Greater Palm Springs or the Executive Committee that are in conflict with the provisions of this Resolution are hereby repealed.
Section 9. Effective Date.
That this Resolution shall take effect immediately upon its adoption.
Section 10. Certification.
That the Clerk of the Executive Committee shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority (JPA) Executive Committee of Visit Greater Palm Springs, held on the 29 day of February, 2024, by the following vote:
AYES:
NAYES:
ABSENT:
ABSTAIN:
ATTEST:
Gary Gardner, Chair
Executive Committee
Visit Greater Palm Springs
Sarah Goslin, Clerk for the Executive Committee
APPROVED AS TO FORM:
Lena D. Wade, General Counsel
4 9-11
DocuSign Envelope ID: 1D900847-CD2B-49FF-A0AC-ED2FF9FAD161 Gary Gar dner, Chair
City of Desert Hot Springs
Wa ymond Ferm an , Vice Chair
City of Indio
Ma rk Carn evale
City of Cathedral City
Gr eg Sanders
City of Indian Wells
Lind a Evans
City of La Qu inta
Jan Har nik
City of Palm Desert
Jeffre y Bernste in
City of Palm Springs
Ste ve Dow ns
City of Rancho Mirage
V. Ma nuel P erez
County of Riverside
JOINT POWERS A UTHORITY EXECUTIVE C OMMITTEE
RESOLUTION NO. JPA 2024-003
A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
OF VISIT GREATER PALM SPRINGS APPROVING AN AMENDMENT TO SECTION 12 OF THE AMENDED AND RESTATED JOINT POWERS AGREEMENT
REGARDING CONTRIBUTION SCHEDULE FOR JOINT POWERS AUTHORITY
MEMBERS
WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority ("JPA") operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.), located in the County of Riverside, State of California; and WHEREAS, the JPA Executive Committee serves as the governing body of VGPS; and
WHEREAS, the JP A Executive Committee adopted the Joint Powers Agreement ("Amended and Restated Agreement") on January 20, 2016 ("JPA Agreement"); and
WHEREAS, section 12 of the JPA Agreement sets forth the co ntribution amounts for JPA Members' participation in the JPA. Pursuant to the JPA Agreement, the contribution amounts may only be c hanged or amended with a unanimous vote of the JPA Executive Committee and a unanimou s vote of the JPA Members' legislative bodies; and
WHEREAS, in accordance with the above referenced sect ions of the JPA Agreement, the JPA Execu tive Committee now desires to revise the JPA Members' contribution amounts as set forth below.
NOW, THEREFORE, BE IT RESOLVED by the JPA Executive Committee of Visit Greater Palm Springs as follows:
Section 1. Recitals.
That the Recitals set forth above are true and correct .
Section 2. JPA Member Contributions.
That the JPA Executive Committee hereby approves and adopts the follow ing amendment to section 12 ("Contribution s") of the JPA Agreement:
(a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one-( l) time entry fee and operation fee ca lcu lated as follows:
(i)
(ii)
Entry Fee: The "Entry Fee" shall be calculated by multiplying the new JPA Member' s current fiscal year's gross revenue estimate by .55%.
Operation Fee: The "Operation Fee" shall be calculated by multiplying the Entry Fee by 15.62%.
The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.
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DocuSign Envelope ID: 1D900847-CD2B-49FF-AOAC-ED2FF9FAD161 (b) Annual Contribution. Each JPA Member shall pay to the JPA (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two -thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies. JPA Members' legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each ofthe JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue tor Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.
Section 3. Initial Membership Fee for the City of Coachella.
That the Entry Fee and Operation Fee for the City of Coachella for Fiscal Year 2023/2024 is $35,327 which has been calculated as follows:
Entry Fee: $5,555,555 x . .55% = $30,555
Operation Fee _ _ 3=0='=55=5~-~x - ~1 =5.=6=2~%~ -=- --~4~,7~7=2 Initial Membership Fee $35,327
Section 4. That the President/Chief Executive Officer of VGPS and/or his designee shall take all reasonable steps to) seek the approval of the amendment to section 12 of the JPA Agreement by the legislative bodies of the JPA Members.
Section 5. Severablllty.
That the Executive Committee declares that , should any provision, section, paragraph, sentence , or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation , the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect.
Section 6. Repeal of Conflicting Provisions.
That all the provisions heretofore adopted by Visit Greater Palm Springs or the Executive Committee that are in conflict with the provisions of this Resolution are hereby repealed .
Section 7. Effective Date.
That this Resolution shall take effect immediately upon its adoption.
Section 8. Certification.
That the Clerk of the Executive Committee shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.
[Remainder of this page intentionally left blank .]
2 9-13
DocuSign Envelope ID: 1D900847-CD2B-49FF-AOAC-ED2FF9FAD161 PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority (JPA) Executive Committee of Visit Greater Palm Springs, held on the 29 day of March, 2024, by the following vote:
, 8 - Gary Gardner, Waymond Fermon, Greg Sanders, Linda Evans, Jan Harnik, Jeffrey Bernstein, Steve Downs, Joaquin AYES. Tijerina (Riverside County)
NAYES: p
ABSENT: 1 - Mark Carnevale (Cathedral City)
ABSTAIN: (b
ATTEST:
ner, Chair
Executive Committee
Visit Greater Palm Springs
~th_']
Sarah Goslin,erktO.: the Executive Committee
APPROVED AS TO FORM:
G.;.I~~
Lena D. Wade, General Counsel
3 9-14
ATTACHMENT 3
SECOND AMENDED AND RESTATED
JOINT POWERS AGREEMENT (REDLINE)
(SEE ATTACHED)
9-15
Greater Palm SpriAgs Convention & Visitors Bureau
VISIT GREATER PALM SPRINGS
JOINT POWERS AGREEMENT
("Second Amended and Restated Agreement")
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500,. et seq.
JANUARY 20, 2016
2024
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TABLE OF CONTENTS
RECITALS .................................................................................... ....................................... I AGREEMENT ...................................... ............................................................................... 1 Section 1
Section 2
Section 3
Section 4
Section 5
Date
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Definitions ....................................................................................... 1 Incorporation of Recitals ................................................................. 3 Purpose ............................................................................................ 3 Name ................................................................................................ 3 ffii.ti.tttFirst Amended and Restated Agreement Superseded - Effective 3 Termination ...................................................................................... 3 G¥B,!ft\ Members .......................................................................... 4 Additional Members ........................................................................ 4 Governing Body ............................................................................... 4 JP A Executive Committee - Powers and Duties ............................. 4 Territorial Boundaries ...................................................................... 5 Contributions ................................................................................... 6 Withdrawal ..................................... ......... ........................................ 6 Separate Entity ............................................................................... +fl.
Powers of the JPA ......... ................................................................... 7 Power to Invest ................................................................................ 9 Bonding ........................................................................................... 9 Treasurer and Auditor - Designations ............................................. 9 Treasurer - Duties and Responsibilities ........................................... 9 [ Formatted: Not Expanded by/ Condensed by
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Section 20
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
EXHIBIT A
Independent Audit ............................................... .......................... 10 Auditor's Duties ............................ ...................... .......................... 10 Severability .................................................................................... I 0 Waiver ....................................................................................... -1-1-lQ Amendments ................................................................ .............. -1----1-lQ Ambiguities or Uncertainties .................. ....................................... 11 Applicab le Law ................................................................. ............. 11 Venue ............................................................................................. 11 Notices ......................................... ................. ................................. 11 Counterparts ................................................................................... 12 Privileges and Immunities ............................................................. 12 Territorial Boundaries .......................................................................................................... 16 9-18
This Second Amended and Restated Joint Powers Agreement {this "Ag reement") js•. entered hereffii!!!Q. by and between the cities of Cathedral City, Coache ll<l.,. Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an \ independent municipal corporation located in the County of Riverside, State of California, and Jhe County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500;. et seq. of the California Government Code. ( .. Agreemenf').The Joint Powers Authority is known as ·'Visit Greater Palm Springs·• r--vG PS''l.
The parties to this Agreement are individually referred to herein as "G¥BJ.PA. Member" and collectively as "G¥BJ.PA.Members."
RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their• legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority ("JP A"); and WHEREAS, the G-\LBJPA Members entered into the original joint powers agreement• on February 8, 1989, for the purpose to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the G-\LBJP A Members have in common; and WHEREAS, it is intended by the G-\LBJP A Members that this Agreement shall be• amendatory of the original joint pov,·ers agreementFirst Amended and Restated Joint Powers Agreement, dated February 8, l 989Janua ry 20, 20 I 6, including any subsequent amendments ("ffiifia.ffirst Amended and Restated, Agreement"), and shall restate, amend and supersede the lfi.it.ia.lFirst Amended and Restated Agreement in its entirety as of the Effective Date; and WHEREAS, tl~e CYB Members, consisting of the cities of Cathedral City, Desert Hot Springs, IHdian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the Count)' of Riverside have consented to renaming the JPA to the "Greater Palm Springs Co1wention & Visitors Bureau" ("CVB'') for all purposes.
WHEREA S, on or about . 2024. it was determined b y the VGPS President and Chief Executive Officer and his staff that at least n.vo thirds of the entire VGPS Executive Committee and all of the JPA Members voted to {i) add the C ity of Coachella as a JPA Member. {ii) add the City of Coachella to the territorial boundaries of the JPA; and {iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and WHER EAS, on or about . 2024, it was determined b y the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.
NOW, THEREFORE, in consideration of the terms and conditions hereinafter set• Formatted: Font: 12 pt
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forth, and intending to be legally bound hereby, the G-¥-BJPA Members hereby covenant and agree as follows:
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AGREEMENT
Section t, Definitions
The following words, term s and phrases shall have the following meanings:
'·AdvisOF)' Board" shall mean the board appointed b)' the JPA E,weuti•,•e Committ ee fo r the purposes deseribed iR paragraph (c) of SectioR I 0. "Additional JPA Members" shall mean qualified organi 2ationsmunicipalitie s that • may be added as members of G-¥-B-JPA as described in Section 8. --Board of Directors .. shall mean the Board of Directors of the Greater Palm Springs Business Alliance ( .. GPSBA") comprised of persons associated with the local hospitali ty industr y for the purposes described in Section 10.
"Convention Hot el" s hall mean a hote l, mot el or similar prop erty with 50 rooms or greater 0
.
'•Joint Exe rcise of Powe rs Act " shall mean Californ ia Gove rnm ent Cod e sect ions 6500-6536.
that prov ides facilities··JPA"' shall mean the Joint Powers Author itY,. and ~ des ignedmay also b e referrecJ. to. host mee tings or gat heriRgs witl1in or upon the same premises of the hotel or ,,..·itl1 in a faci lity (herein as YGPS. ··JPA Executi ve Committ ee .. shall mean the JJ>A·s governing body formed for. e1.an1ple: con•,<ention centers, auditorium s, outd oor \'enues, etc.) that is i11 close pro,.imit y of the hotel the purposes and having the powers and duties set forth in Section 10, ·'CVB r iscu l Yen( ' shall mea n the period eomm encing Jtil)' I of eve ry )'ear and endin g Jun e 30 of the fo llow ing calendar year.
~-·JPA Member" shall mean an orga niw tiona munici pality that is party to this Agr eement.
"G-¥-B-JPA Members" shall mean , collectively , the orga nizationsmuni cipaliti es that have entered into this Agre ement.
"G-¥-B-JPA Member Contribution s" shall mean the annual contribution amount s duly established pur suant to Section 12.
··Gr.iater Palm 8 pri11gs Co nvent ion & V isitors Bureau" or --cVB " shall 111 .ian the Jo int Powers Auth ority formed b)' the e ities of Cath edral City, Deser t Hot Sf)rings, Indi an Wells, Indio , La Quinta , Palm Desert , Palm Sprin gs and Rancho M irage and the Co unty of Rive rside.
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"Lodging Establishments : · as referenced in Section I 0, Paragraph C,.:.'. shall mean◄ any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, or any privatepub lic or private clubs, campgrounds. mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
..,.
UJoint Ei;·ereise @f Po•Ners ,'\et'~ shall mean Califfirnia G@ enulHn=tt Coft e seetions MQQliBli.
··JPA fo,ecutive CommiHee" shall mean the CVB's go·,·erning aod:Y formed for the purposes and having the pov,•ers and duties set forth in Section I 0.
A ··Non Convention Hotel " shall mean any structure , with the exception of the previously delined ··Convention Hotels ," or Elll)' portion of any structure which is occupied or intended or designed for use or occupancy ay transients including, aut not limited to, dwelling , lodging or sleeping purposes and i1rnludes any lrntel, inn, tourist home or house , motel , studio hotel , Bachelor hotel , lodging house, rooming house , apartment house, dormitor) ', pualic or private clue, campground , moai le home or house trailer at a fiKed location, or other like structure or portion thereof . J>Jon Convention I lotel includes a recreational veliiele , as defined in Cal. I lealth & Safe!)' Code ~ 180 IO and campgrounds .
Partner" shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement. "President and Chief Executive Officer" shall mean the individual employed by G\LBVGPS, who is responsible for professionally supervising, managing, and administering C-¥B2sVGPS ·s day-to- day affairs as described in paragraph (e) ofSection 10 and elsewhere in this Agreement.
··TBIIY-sha ll mean Tour ism Business Improvement District assessment . ___ "Technical Advisory Committee" or ··TAC" shall mean the committee which may be◄ appointed by a majority vote of C-¥B2sVGPS's JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
"Treasurer" shall mean the individual appointed by C-¥B2sYGPS"s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor~
·'YGl'S Fiscal Year ·· sha ll mean the per iod commencing Ju ly of every year and ending June 30 of the fo llowing ca lendar year.
·•Visit Greater !'aim Spring s .. or ··VGPS '' shall mean the Joint Powers Authority 4 [ Formatted: Right: O"
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formed by the cities of Cathedral C ity. Co achella. Desert Hot Sprin gs, Indian Well s, Indio, La Quinta . Palm Dese rt, Palm Springs and Ran cho Mirage, and the Count y of Riverside.
Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.
Section 3. Purpose
The purpose of this AgreemeAtVGPS is to form a joiAt powers authorit)' to benefit all JPA Members and their constituents by jointly eAeourage, promote, and to do~ (a) Marketing, attracting, encouraging, promoting. and doing such other things as• might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality , convention , and tourism industry in the Coachella Valley and to attract visitors from national and international markets, all to the benefit of the CVB Members and tl~eir eoAstitueAts.; and (b) Doing s uch other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire econom y of the Coachella Valley.
Section 4. Name
The name of the JPA shall be fhe..!'··Visit Greater Palm Springs CoAveAtioA & Visitors· Bureau·· ("CYB '" ("VGPS") or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote of the entire JP A Executive Committee .
Section 5. lfl#i.o.lFirst Amended and Restated Agreement. Superseded Effective Date
It is intended by the C-¥-B-JPA Members that this Agreement shall be amendatory of• the lfi.i-tialFirst Amended and Restated Agreement and shall restate, amend and supersede the lfi.i-tialFirst Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the C-¥-B-JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the C-¥-B-lft\.Members' legislative bodies ("Effective Date").
Section 6. Termination
(a) This Agreement may be terminated by unanimous vote of all the C-¥-B-JPA Members ' legislative bodies provided , however, the foregoing shall not be construed as limiting the rights of a C-¥-B-JP A Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing C-¥-B-lft\. Member as described in Section I 3; and
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(b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JP A, any surplus money on hand with the JP A shall be returned to the GV-BJ.EA Members' treasuries in proportion to the GV-BJ.EA Member Contributions made by the respective GV-BJPA Member to the JPA. (c) Upon termination o f this Agreement and dissolution of the JPA. all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.
The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.
Section 7. t¥-B JPA Members
The members of the JPA shall consist of the parties to this Agreement which include the• cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
Section 8. Additional Members
Additional GV-BJP A Members that qualify to join a joint powers authority under the◄ Joint Exercise of Powers Act may be added as GV-BJPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the GV-BJPA Members ' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee• and it shall be comprised of: (i) a duly elected or appointed council member of each city GV-BJPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members ofthe JPA Executive Committee, whose agencies pay the GV-BJP A Member Contributions , as set forth in this Agreement, shall be entitled to vote.
Section 10. JPA Executive Committee - Powers and Duties The JPA Executive Committee, consistent with this Agreement and all applicable laws,• shall exercise all the powers and perform all duties necessary to conduct the business of the JP A, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:
(a) Adopt bylaws or rules of procedure to provide for the organization and• administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote ofthe JPA Executive Committee;
(b) Approve and adopt a budget for the JPA prior to the commencement of the JP A's• 6 Formatted: Condensed by 0.1 pt
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subsequent fiscal year, the term of which shall be set by a majority vote of the JP A Executive Committee;
(c) Apfloint an advisOf)' aoard consisting(c) Delegate authority to m a n age ◄ destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development. marketing, travel trade, public relations. human resources and g roup sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA. who shall be responsible for professionally s upervising, managing a nd administering the day-to-day affairs of the JPA, hire and fi re JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination o f the • .. , President & C hief Executive Officer will require a majority vote of the JP A Executive I : , Committee and GPSBA Board ~f Dire~tors. The Board ~f ~ ire_ctors of the ? PSBA ~hall consist / otjmy number otpersons associated with theJ ocaUiosp1tahty •• mdustry, wh1ch.Jnay.,1nclude,..but • p ot_beJ imitedJo,Jhose .. whqpwn,JT1anage, govern or serve in senior staff positions for Lodging Establishments or businesses , eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground .transportation businesses, plus any other persons from any other industry deemed appropriate ay the JPA EJ,ecuti\<e Comm ittee;. The G PSBA s hall manage the destination operations of VG PS. and shall be governed by bylaws, as amended from time to time.
Activities other than t ourism r elated a ctivities. such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members ancl/or their assignee(s) as determined by the JPA Executive Committee. .
( d) Appoint from time to time, if deemed necessary by a majority vote of the JP A◄ Executive Committee , a Technical Advisory Committee (TAC) consisting of a staff member employed by each ~ JP A Member as designated by the respective JP A Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JP A that the JP A Executive Committee may need advice on; (e) Employ an individual who shall serve as the President and Chief Executive Officer of tl~e JPA, ,,.,,ho shall be respons iale for professiona lly superv ising, managing and administering the day to day affairs of the JPA, hire and tire JPA employees, retain consultants and independent contractors and perform such otl~er fimctions as the JPA Execut ive Comm ittee 1118)' designate ;
ff) .<tl__ Retain an individual licensed to practice law in the State of California◄ who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and
fg:)ffi_ Create any committees, sub-committees, advisory conm~ittees and advisory◄ eearesco mmittees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement. tfl){gl_Pursuant to Section 6509 of the Government Code, the powers set forth in this◄ \ ''
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Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City ofRancho Mirage in the exercise of similar powers . ,Sectjon.lL Territorial Boundaries
The JPA's territorial boundaries include the lands situated within the unincorporated • areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coach ella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the G-1/-BVGPS may only be changed by a two-thirds vote of the JP A Executive Committee and a unanimous vote of the G-1/-BJP A Members' legislative bodies.
.
Section 12. Contributions
(a) Initial Membership Fee. Each G-1/-Bnew JPA Member shall pay to the JPA-1! one-( I) time entry fee and operation fee calculat ed as follows:
(i)
(ii)
Entry Fee : The .. Entry Fee'· shall be calculated by multiplying the ne\\· JPA Member' s current fi scal year' s gross revenue estimate bv .55°/4,.
Operation Fee: The: '·Operation Fee" shall be calculated by rnultiplving the Entry Fee by 15.62%.
The sum of the Ent1y Fee and the Operation Fee is due within thirty (30) days ofa new JPA Member joining the JPA.
fa, (b) Annual Contribution . Each JPA Member shall pay to the JPA (i) the g reater of• $35,000 each year. or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote ofthe G-1/-BJPA Members' legislative bodies. The 13roYisioAs of this section may only be chaAged or amended with a unaAimous vote o f the JPA Execut ive Committee and a unanimou s vote of the C VBJPA Members' legislative bodies shall, at a minimum . make quarterly payments of the annual contribution to VGPS .• ___ A contribution from each of the G-1/-B:!.fAMembers is a funding mechanism equal to~
.0015 x Gross Room Rental Revenue for Neti- Lodging Establishments exc ludin g◄ Conventio n. Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels fb)fill_ The Gross-14etel Room Rental Revenue described herein shall not include any ◄ transient occupancy tax rebate incentives provided by the G-1/-B:!.fAMembers .
Section 13. Withdrawal
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Any Party may withdraw as a G-¥-BJP A Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing G-¥-BJPA Member's legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice of Withdrawal. (b) The effective date of withdrawal shall always be the last day ofthe G-¥-B-'-VGPS' s Fiscal Year.
(c) All G-¥-BJPA Member Contributions must be paid in full by the withdrawing G-¥-BJPA Member through the end of the current G-¥-BVGPS Fiscal Year of the year when the withdrawing G-¥-BJPA Member provides its Notice ofWithdrawal as well as the following G-¥-BVGPS Fiscal Year.
(d) After giving notice of withdrawal, a withdrawing G-¥-BJPA Member shall not have voting privileges on the JP A Executive Committee except for operating budget items through the effective date of withdrawal.
(e) A withdrawing G-¥-BJPA Member may again become a party to this Agreement on condition that it pays to the treasury of the G-¥-BVGPS an amount equal to all G-¥-BJPA Member Contributions which the withdrawing G-¥-BJP A Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the G-¥-BVGPS may remain active Partners as long as their respective government entity is a G-¥-BJP A Member and during the period of their G-¥-BJPA Member's withdrawal from the Joint Powers Agreement. .
(g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TB ID unless and until the TB ID exp ires without renewa l or is disestablished pursuant to the Property a nd Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be respo nsible for collecting the TB ID on a monthl y basis (including any delinquencies, penalties and interest) from each assesse d business and forwardin g the same to the JPA.
Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by t he remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.
"'S""e""ct,.,,io:::.n:.:...:.1~5,_. __ Separate Entity
P-tt-FsttaRtExcept for termination as provided in Section 6 of this Agreement, pursuant to◄ section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JP A 9 Formatted: Condensed by 0.1 pt
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shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one G¥BJP A Member except that any G\l-B,JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JP A.
Sectjon -t-S16, Powers of the JPA
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the◄ California Government Code, this JP A shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts; (b) The power to engage necessary employees, to define their qualifications and◄ duties and to provide a schedule of compensation for performance of their duties; ~f.!2)_ The power to retain agents, independent contractors and consultants, including◄ without limitation the power to engage legal counsel and other professional services; Wf.fL The power to acquire, construct, manage, maintain or operate any building,◄ works or improvements;
~@_ The power to acquire by purchase, grant, gift, lease or other lawful means any◄ real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JP A;
fB{fil_ The power to hold any real property or any personal property that may be• necessary or proper to carry out the purposes and intent of the JPA; fgji..!l.._ The power to sell, lease or otherwise dispose of any real or personal property◄ including exchanging equivalent properties ifit is deemed to be in the best interests of the JPA; f!B.{g)_ The power to donate any surplus real or personal property to any public agency◄ or nonprofit organization;
fij.(hl_ The power to incur debts, liabilities or obligations, including without limitation◄ the power to borrow money, give security therefore, and purchase on contract; f:H.Lll_ The power to raise revenue for any public purpose consistent with the JPA 's◄ purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq; .(iL_ The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property [ Formatted: Right: 0"
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and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this agrne1Hent/\gree ment by the G\LBJPA Members constitutes consent .,..fi) to-_;_
fltj.ill_ the formation of the Greater Palm Springs Convention & Visitors◄ Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the CYB in eon neet ion wiH1 fonHation of the said distrie t ('·20 13 TMD "); (ii) to form an improvement distriet not to exceed an assessment rate of one percent ( I%) on Lodg ing estae lisl~ ments not current !;' eeing assessed under the 20 13 TMD or the PahH Springs Desert Resort Commu nities Tour ism Business Improvement Distric t estae lisl~ed B)' Ord inance }Jo. 883 of the Count) ' of Riverside ("Touris m BID"); and (iii) to consolidate the 20 13 TMD and Tou rism BID as long as the overa ll assess ment rate does not exceed three percent (3%) on the ent ities current ly eeing assessed therein;VGPS in connection with formation of the said district ("201 3 TMD "); and (ii) t he formation of the G reater P alm Springs Tourism Business Improve ment District pursuant to Resolution No. 201 6-004 a nd to levy an assess ment of three percent (3%) on Convention Hotels;
(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 ( .. 202 1 TBHY'l and to levy an assess ment of three percent (3%) on Convention H ote ls a nd one perce nt ( I%) on vaca tion rentals:
fBfil_ The power to adopt rules, regulations, resolutions and ordinances that may be ◄ - necessary or proper to carry out the purposes and intent of the JP A; ffnj(.ll__The power to enforce rules, regulations , resolutions and ordinances for the administration, maintenance and operation of the JPA;
W.C!:!!1_ The power to enter into joint powers agreements pursuant to the Joint Exercise ◄ of Powers Act, as set forth in section 6500, et seq. of the Government Code; Wi!!L The power to provide insurance . pursuant to section 989 of the Government◄ Code, .et seq.;
fp){QL The power to sue and be sued in the name of the JPA; WiPL...The power to conduct certain activities of the JPA in any state or territory of the United◄ , States of America or in any foreign country, related to grow ing a nd diversifying the economy through p romoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions a nd new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(8.(g)_ The power to travel domestically and internationally that is necessary or proper◄ 11 Formatted: Indent: Left: 0", First line: 1 ", Right: 0", Numbered + Level: 1 + Numbering Style: i, ii, iii, ... + Start at: 1 + Alignment: Left+ Aligned at: 0.75" +
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to carrying out the purposes and intent of the JPA;
~.(rl_ The power to provide staff and resource support, financial assistance and• subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
ftjw..._.The_..power toJ obby_..on..behal(.o( travel andJourism~ and economic development;: _ -
Wfil_. The power to form a non-profit corporation or other affiliated non-profit entities foU he, p urpose .. o(promoting ancf. .enhancing aILaspects .. o(Jhe. hospitalit)', eonvention and .tourism and economic developmen~ industry; and
MM_ The power to take any and all actions necessary for, or incidental to, the powers• expressed or implied by this Agreement and all applicable laws, Sectjop ¾ 17. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest• any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601,
Section +718, Bonding
Pursuant to Government Code section 6505. I, individuals occupying the following• positions shall file an official bond in an amount deemed sufficient by the JP A Executive Committee:
(a) President/ChiefExecutive Officer;
(b) Director of Finance; and
(c) Treasurer,
Section f8 19, Treasurer and Auditor - Designations
Pursuant to Government Code section 6505,6, the JPA Executive Committee shall• designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JP A, and the JP A Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately, Section -1-920, Treasurer - Duties and Responsibilities Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the• 12 \ I
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treasury of the Treasurer so designated to the credit of the JP A; (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; Pa;', when due, out of mone;' of the JPA held O)' the Treasurnr, all sums pa;'able on outstanding bonds and coupons of the JPA; (c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof,• , only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and
(e) Verify and report in writing on the first da;· of July, October, January and April· ~ no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties the amount of money the Treasurer holdsfinancial statement of activities for the JPA, the amount of receipts since the Treast1rer's last report, and the amount paid out since the Treasurer's last report~ . 13 Formatted: Indent: Left: 1.18", First line: 0.5'', Tab stops: Not at 1.06"
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Section W2 I, Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an◄ independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.
Sectjop ¼122, Auditor's Duties
The Auditor shall perform the following duties:
(a) Review and recommend to the JPA Executive Committee accounting procedures◄ and policies governing the JP A;
(b) Review and approve all demands listed on the Warrant Registers prior to◄ submittal to the JPA Executive Committee;
(c) Review payroll registers at least monthly;
(d) Review all financial reports being submitted to the JPA Executive Committee◄ and make the JP A Executive Committee aware of any discrepancies or potential problems in the reports;
(e) Review investments made by the President or Treasurer; (f) Review the audit report prepared by a Certified Public Accounting firm prior to• finalization of the report and submittal to the JPA Executive Committee; and (g) Assist staff in the selection of the Certified Public Accounting firm.
Sectjop ¥ 23. Attorney's Fees
In the event litigation or other proceed ing is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceed ing shall be entitled to an award of its actual and reasonab le attorney's fees, costs and expenses incurred in the proceed ing.
Section 24. Voting
Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than halQ to pass such motion. In the event ofa tie vote, such motion before the JPA Executive Committee shall be deemed defeated.
Section 25. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this 14 [ Formatted: Right: 0"
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Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 15 9-33
Section M26, Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.
Section M27, Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire• JPA Executive Committee and a unanimous vote of the G¥BJPA Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
Sectjop #§28, Ambiguities or Uncertainties
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The G¥BJPA Members have mutually negotiated the terms and conditions of this• - [ Formatted: Right O" Agreement and each G¥BJPA Member received independent legal advice from its attorneys ~--- ~ ------------~ with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of all G¥BJ PA Members and none of the G¥BJ PA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any G¥BJ PA Member.
Section U 29, Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State• of California.
Section F 30, Venue
In the event that suit is brought by any party to this Agreement, the parties agree that• venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
Sectjop a-B31, Notices
Any notice or communication required hereunder between the JPA and the G¥BJPA• Members shall be in writing, and may be given either personally or by registered mail, return receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
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ity of Cathedral City
8700 A venida Lalo Guerrero
athedral City, CA 92234
ttention: City Manager
of Indian Wells 4 4 950 El
• Desert Hot Spr ings.
• n Wells! 1999 Palm Drive
92236
ana er
orado
, CA
ntion:
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Sectjop £232. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which • is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.
Section JQ331 Privileges and Immunities
Pursuant to section 65 I 3 of the Government Code, all of the privileges and • immunities from liability, exempt ions from laws, ordinances and rules , all pension, relief, 17 ~;---- ---- ------- - ..>.a~
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disability, workmen's compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement.. 18 [ Formatted: Character scale: 105%
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(SIGNATURES APPEAR ON THE FOLLOWING PAGES (
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IN WITNESS WHEREOF, the duly authorized representatives of the G-¥-BJPA• Members have each executed this Agreement.
.CITY OF CATHEDRAL CITY
Mark Carneva le,. Mayor
.
,Dated:
Charlie McClendon. City Manager
ATTEST:
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Tracey R. Hermosillo,. City Clerk
APPROVED AS TO FORM:
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Eric S. Vail,. City Attorney
CITY OF INDl ,,...N WEbbSDESERT
HOT SPRINGS
Scott Matas,.Mayor
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,Dated:
CITY OF DESERl=
SPRINCSCOACHELLA
Steven Hernandez. Mayor
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,Dated:
Gabriel Martin. City Manage_r
ATTEST:
Angela M. Zegeda,. City Clerk
APPROVED AS TO FORM:
Carlos Cam gos .• City Attorney
CITY OF JN-1)1.()INDIAN WELLS
Greg Sander s, Mayor
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,Dated:
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Christopher Freeland .• City Manager
Frank Luckino. City Manager
,ATTEST:
,ATTEST:
Angelica A vi la .• City Clerk
Daniel Mc Vey~ City Clerk
,APPROVED AS TO FORM:
,APPROVED AS TO FORM :
Todd Leishman. City Attorney
Jennifer Mizrahi~ City Attorney
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CITY OF LA Ql!INTAINDIO CITY OF PALM DESERTLA QUINTA
Guadalui;1e Ramos Am ith.., Mayor Linda Evans., Mayor
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Dated: Dated:
Bryan Montgomery., City Manager Jon McMillen . City Manager ,ATTEST : ,ATTEST:
Cynthia Hernandez.., City Clerk Monika Redeva . City Clerk ,APPROVED AS TO FORM: ,APPROVED AS TO FORM:
Steven P. Graham.., City Attorney William H. Ihrke. City Attorney CITY OF PALM SPRINGSDESERT CITY OF R,~NGHQ MIRAGEPALM
SPRINGS
Karina Quintanilla .• Mayor
. Jeffrey Bernstein ., Mayor
. -
,Dated:
Dated :
Todd Hileman. City Manager
Scott Sti les.., City Manager
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ATTEST :
ATTEST :
,
Anthony Mejia.,City Clerk
Brenda Pree. City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
lsra Shah~ City Attorney
Jeffrey Ballinger., City Attorney
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COlJNTYCITY OF RIVERSIDERANCHO COUNTY OF RIVERSIDE . [ Formatted Table MIRAGE
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Chuck Washington. Chairman
Steve Downs , Mayor
Dated: Jeff Van Wagenen. County
Executive Manager
Isaiah Hagerman . City Manager
Ghain:na1=1 ATTEST :
, Cetmty e1<eet1tive Gfl'ieer
Kimber ly A. Rector, Clerk of the
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A TTEST:
APPROVED AS TO FORM :
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Kristie Ramos . City Clerk efthe Beard I< Formatted: Font: 12 pt Minh Tran , County Counse l A PPROVED AS TO FORM:
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, Cet1AI;' Ce t1Asel
Steven B, Quintanilla , City Attorney
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EXHIBIT A
.TERRITORIAL BOUNDARIES - ( Formatted: Font 11 pt
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ATTACHMENT 4
RESOLUTION
TO BE PROVIDED
UNDER SEPARATE COVER
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EXHIBIT "A"
SECOND AMENDED AND RESTATED
JOINT POWERS AGREEMENT
(SEE ATTACHED)
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VISIT GREATER PALM SPRINGS
JOINT POWERS AGREEMENT
("Second Amended and Restated Agreement")
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq. 2024 -------~
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TABLE OF CONTENTS
RECITALS ........................................................................................................................... 1 AGREEMENT ..................................................................................................................... 1 Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
Section 15
Section 16
Section 17
Section 18
Section 19
Section 20
Definitions ............................ ........................................................... 1 Incorporation of Recitals ................................................................. 3 Purpose ............................................................................................ 3 Name ................................................................................................ 3 First Amended and Restated Agreement Superseded - Effective Date 3 Termination ...................................................................................... 3 JPA Members ................................................. ................................. 4 Additional Members ........................................................................ 4 Governing Body ............................................................................... 4 JPA Executive Committee - Powers and Duties ............................. 4 Territorial Boundaries ...................................................................... 5 Contributions .................................................... ............................... 6 Withdrawal ...................................................................................... 6 Separate Entity ................................ ................................................. 6 Powers of the JPA ......................................... ................................... 7 Power to Invest ................................................................................ 9 Bonding ........................................................................................... 9 Treasurer and Auditor - Designations ............................................. 9 Treasurer - Duties and Responsibilities ........................................... 9 Independent Audit ............................ ............................................. 10 9-48
Section 21
Section 22
Section 23
Section 24
Section 25
Section 26
Section 27
Section 28
Section 29
Section 30
EXHIBIT A
Auditor's Duties ............................................................................. 10 Severability .................................................................................... 10 Waiver ........................................................................................... 10 Amendments .................................................................................. 10 Ambiguities or Uncertainties ......................................................... 11 Applicable Law .............................................................................. 11 Venue ............................................................................................. 11 Notices ........................................................................................... 11 Counterparts ................................................................................... 12 Privileges and Immunities ............................................................. 12 Territorial Boundaries .......................................................................................................... 16 ii
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This Second Amended and Restated Joint Powers Agreement (this "Agreement") is entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint Powers Authority is known as "Visit Greater Palm Springs" ("VGPS"). The parties to this Agreement are individually referred to herein as "JPA Member" and collectively as "JPA Members."
RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority ("JPA''); and WHEREAS, the JPA Members entered into the original joint powers agreement on February 8, 1989, to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world- wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the JPA M,embers have in common; and WHEREAS, it is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Joint Powers Agreement, dated January 20, 2016, including any subsequent amendments ("First Amended and Restated Agreement") , and shall restate, amend and supersede the First Amended and Restated Agreement in its entirety as of the Effective Date; and
WHEREAS, on or about ______ ., 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and WHEREAS, on or about -----~ 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.
NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows:
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AGREEMENT
Section J, Definitions
The following words, terms and phrases shall have the following meanings:
"Additional JPA Members" shall mean qualified municipalities that may be added as members of JPA as described in Section 8.
"Board of Directors" shall mean the Board of Directors of the Greater Palm Springs Business Alliance ("GPSBA") comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
"Convention Hotel" shall mean a hotel, motel or similar property with 50 rooms or greater.
"Joint Exercise of Powers Act" shall mean California Government Code sections 6500-6536.
"JPA'' shall mean the Joint Powers Authority and may also be referred to herein as VGPS.
"JPA Executive Committee" shall mean the JPA's governing body formed for the purposes and having the powers and duties set forth in Section 10. "JPA Member" shall mean a municipality that is party to this Agreement. "JPA Members" shall mean, collectively, the municipalities that have entered into this Agreement.
"JPA Member Contributions" shall mean the annual contribution amounts duly established pursuant to Section 12.
"Lodging Establishments" shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
"Partner" shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement. "President and Chief Executive Officer" shall mean the individual employed by VGPS, who is responsible for professionally supervising, managing, and administering VGPS's day to- day affairs as described in paragraph ( e) of Section IO and elsewhere in this Agreement. "IBID" shall mean Tourism Business Improvement District assessment. "Technical Advisory Committee" or "TAC" shall mean the committee which may be 9-51
appointed by a majority vote ofVGPS's JPA Executive Committee for the purposes described in paragraph ( d) of Section 10.
"Treasurer" shall mean the individual appointed by VGPS's JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
"VGPS Fiscal Year" shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
"Visit Greater Palm Springs" or "VGPS" shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.
Section 3. Purpose
The purpose ofVGPS is to benefit all JPA Members and their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and doing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to attract visitors from national and international markets; and
(b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.
Section 4. Name
The name of the JPA shall be "Visit Greater Palm Springs" ("VGPS") or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote ofthe entire JPA Executive Committee.
Section 5. First Amended and Restated Agreement Superseded - Effective Date It is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Agreement and shall restate, amend and supersede the First Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the JPA Members' legislative bodies ("Effective Date").
Section 6. Termination
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(a) This Agreement may be terminated by unanimous vote ofall the JPA Members' legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a JPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing JPA Member as described in Section 13; and (b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the JPA Members' weasuries in proportion to the JPA Member Contributions made by the respective JPA Member to the JPA.
(c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JP A shall be used in an effort to ensure that 100% of the pension I iabil ity is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.
The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.
Section 7. JPAMembers
The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella , Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.
Section 8. Additional Members
Additional JPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: (i) a duly elected or appointed council member of each city JPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the JPA Member Contributions , as set forth in this Agreement, shall be entitled to vote.
Section 10. JPA Executive Committee - Powers and Duties The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business of the JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following :
(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;
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(b) Approve and adopt a budget for the JPA prior to the commencement of the JP A's subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;
( c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising , managing and administering the day-to-day affairs of the JPA, hire and fire JP A employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate. The GPSBA shall manage the destination operations ofVGPS, and shall be governed by bylaws, as amended from time to time.
Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee . ( d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each JPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on; (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and
(f) Create any committees, sub-committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.
(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreement shall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City of Rancho Mirage in the exercise of similar powers.
Section IL Territorial Boundaries
The JPA's territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Springs, 9-54
Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe JPA Members' legislative bodies.
Section 12. Contributions
(a) Initial Membership Fee. Each new JPA Member shall pay to the JPA a one-(1) time entry fee and operation fee calculated as follows:
(i) Entry Fee: The "Entry Fee" shall be calculated by multiplying the new JPA Member's current fiscal year's gross revenue estimate by .55%. (ii) Operation Fee: The "Operation Fee" shall be calculated by multiplying the Entry Fee by 15.62%.
The sum of the Entry Fee and the Operation Fee is due within thirty (30) days of a new JPA Member joining the JPA.
(b) Annual Contribution. Each JP A Member shall pay to the JP A (i) the greater of $35,000 each year, or (ii) the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies. JPA Members' legislative bodies shall, at a minimum, make quarterly payments of the annual contribution to VGPS.
A contribution from each ofthe JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (c) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.
Section 13. Withdrawal
Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing JPA Member's legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice ofWithdrawal. (b) The effective date of withdrawal shall always be the last day of the VGPS' s Fiscal Year.
( c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice ofWithdrawal as well as the following VGPS Fiscal Year. (d) After giving notice of withdrawal, a withdrawing JPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through 9-55
the effective date of withdrawal.
( e) A withdrawing JPA Member may again become a party to this Agreement on condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member's withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.
Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.
Section ts, Separate Entity
Except for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one JPA Member except that any JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.
Section 16, Powers of the JP A
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts; (b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties; (d) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (e) The power to acquire, construct, manage, maintain or operate any building, 9-56
works or improvements;
(f) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;
(g) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA; (h) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA; (i) The power to donate any surplus real or personal property to any public agency or nonprofit organization;
U) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (k) The power to raise revenue for any public purpose consistent with the JPA 's purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq; (l) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this Agreement by the JPA Members constitutes consent to:
(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district ("2013 TMD"); and
(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) the renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 ("2021 TBID") and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1 %) on vacation rentals; (m) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; (n) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
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(o) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code; (p) The power to provide insurance pursuant to section 989 of the Government Code et seq.;
( q) The power to sue and be sued in the name of the JPA; (r) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose ofattracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(s) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JP A;
(t) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
(u) The power to lobby on behalf of tourism and economic development; (v) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and
(w) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.
Section 17, Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.
Section ts, Bonding
Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:
(a) President/Chief Executive Officer;
(b) Director of Finance; and
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( c) Treasurer.
Section 19. Treasurer and Auditor - Designations
Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.
Section 20, Treasurer - Duties and Responsibilities
Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA; (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; ( c) Pay when due, out of the money of the JP A held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and
(e) Verify and report in writing no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial statement of activities for the year.
Section 21, Independent Audit
Pursuant to section 6505 .6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.
Section 22. Auditor's Duties
The Auditor shall perform the following duties:
(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;
(b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee;
(c) Review payroll registers at least monthly;
(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in 9-59
the reports;
( e) Review investments made by the President or Treasurer; (t) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and (g) Assist staff in the selection of the Certified Public Accounting firm.
Section 23. Attorney's Fees
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.
Section 24. Voting
Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than halt) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated .
Section 25. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement. 9-60
Section 26, Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.
Section 27, Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members' legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
Section 28, Ambiguities or Uncertainties
The JPA Members have mutually negotiated the terms and conditions of this Agreement and each JPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein.
As such, this Agreement is a product of the joint drafting efforts of all JPA Members and none of the JPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any JPA Member.
Section 29, Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.
Section 30, Venue
In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.
Section 31, Notices
Any notice or communication required hereunder between the JPA and the JPA Members shall be in writing and may be given either personally or by registered mail, return receipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:
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City of Cathedra l City City of Coachella
68700 A venida Lalo Guerrero 53990 Enterprise Way
Cathedral City, CA 92234 Coachella, CA 92236
Attention: City Manager !Attention: City Manager
('.ity of Desert Hot Springs City oflndian Wells
11999 Palm Drive 144950 Eldorado Drive
Oesert Hot Springs, CA 92240 Indian Wells, CA 92210
!Attention: City Manager !Attention: City Manager
City of Indio City of La Quinta
100 Civic Center Mall 78495 Calle Tampico
Indio, CA 92201 La Quinta, CA 92253
k-\.ttention: City Manager k-\.ttention: City Manager
City of Palm Desert City of Palm Springs
73510 Fred Waring Drive 3200 East Tahquitz Canyon Way
!Palm Desert, CA 92260 Palm Springs, CA 92262
!Attention: City Manager !Attention: City Manager
City of Rancho Mirage County of Riverside
69825 Highway 111 County Administration Center
[Rancho Mirage, CA 92270 14080 Lemon Street
!Attention: City Manager Riverside, California 92501
[Attention: County Clerk
Section 32, Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.
Section 33, Privileges and Immunities
Pursuant to section 6513 of the Government Code , all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen's compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.
CITY OF CATHEDRAL CITY CITY OF COACHELLA
Mark Carneva le, Mayor Steven Hernandez, Mayor
Dated: Dated:
Charlie McClendon, City Manager Gabriel Martin, City Manager ATTEST: ATTEST:
Tracey R. Hermos illo, City Clerk Angela M. Zepeda, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM:
Eric S. Vail, City Attorney Carlos Campos, City Attorney
CITY OF DESERT HOT SPRINGS CITY OF INDIAN WELLS
Scott Matas, Mayor
Greg Sanders, Mayor
Dated:
Dated:
Frank Luckino, City Manager
Christopher Freeland, City Manager
ATTEST:
ATTEST:
Daniel McVey, City Clerk
Angelica Avila, City Clerk
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Jennifer Mizrahi, City Attorney
Todd Leishman, City Attorney
9-63
CITY OF INDIO CITY OF LA QUINTA
Guadalupe Ramos Amith, Mayor Linda Evans, Mayor
Dated: Dated:
Bryan Montgomery, City Manager Jon McMillen, City Manager ATTEST: ATTEST:
Cynthia Hernandez, City Clerk Monika Redeva, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM:
Steven P. Graham, City Attorney William H. Ihrke, City Attorney
CITY OF PALM DESERT CITY OF PALM SPRINGS
Karina Quintani lla, Mayor Jeffrey Bernstein, Mayor
Dated: Dated:
Todd Hileman, City Manager Scott Stiles, City Manager
ATTEST: ATTEST:
Anthony Mejia, City Clerk Brenda Pree, City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
Isra Shah, City Attorney Jeffrey Ballinger, City Attorney 9-64
CITY OF RANCHO MIRAGE
Steve Downs, Mayor
Dated: ------------
Isaiah Hagerman, City Manager
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
Steven B, Quintanilla, City Attorney
COUNTY OF RIVERSIDE
Chuck Washington, Chairman
Jeff Van Wagenen, County Executive
Manager
ATTEST:
Kimberly A. Rector, Clerk of the Board
APPROVED AS TO FORM:
Minh Tran, County Counsel
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EXHIBIT A
TERRITORIAL BOUNDARIES