CA - Palm Springs: City Council Meeting

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City Council Meeting

CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE

Tagged Passions:council

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS

CITY OF PALM SPRINGS, CALIFORNIA Council Chamber, City Hall

Tagged Passions:council

3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 www.palmspringsca.gov

AGENDA Robert Moon, Mayor J. R. Roberts, Mayor Pro Tem

Christy Gilbert Holstege, Councilmember Geoff Kors, Councilmember

Lisa Middleton, Councilmember City of Palm Springs Mission Statement: Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations.

David H. Ready, Esq., Ph.D., City Manager Anthony J. Mejia, MMC, City Clerk
Tagged Passions:administrator, manager, services, Public Works, and public works

Marcus Fuller, MPA, P.E., P.L.S., Assistant City Manager Edward Z. Kotkin, City Attorney

No additional detail provided

Tagged Passions:legal, administrator, and manager

Geoffrey S. Kiehl, Director of Finance and Treasurer

Any person who wishes to provide public testimony for an Item on the Agenda MUST file a speaker card prior to the Public Testimony (Non-Public Hearing Agenda Items Only) prior to that portion of the meeting. Testimony for Public Hearings will be allowed only during the Public Hearing. [Two (2) minutes per speaker] Testimony for Public Hearings will only be taken at the time of the hearing. Any person who wishes to speak at a Public Hearing must file a Speaker Card with the City Clerk BEFORE the Public Hearing is called. [Two (2) minutes per speaker] Any person who wishes to speak on a topic not on the agenda within the City s jurisdiction during the Public Comments portion of the agenda must file a Speaker Card with the City Clerk BEFORE that portion of the agenda is called. [Two (2) minutes per speaker] Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Please note, any agenda item which has not been initiated by 11:00 p.m. may be continued to a subsequent meeting.
Tagged Passions:hearing, Treasurer, TREASURER, council, and finance

At approximately 10:00 p.m., the City Council will determine the number of speakers who wish to address the City Council during Public Comment for non-Agenda Items, and determine which agenda items will be considered before the 11:00 p.m. Adjournment time.

The City Council encourages written public testimony prior to the meeting, which provides the City Council ample time and attention for consideration. All written testimony will be provided to the City Council prior to the discussion. Written testimony may be sent via email to CITY.CLERK@palmspringsca.gov, by fax at (760) 322-8332, or hand delivery to the City Clerk, Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262.

Tagged Passions:council

3:00 P.M. CLOSED SESSION

CALL TO ORDER (Council Chamber):

PUBLIC COMMENT (Council Chamber): This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda.
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RECESS TO CLOSED SESSION (Small Conference Room): See Closed Session Agenda.

6:00 P.M. REGULAR MEETING

CALL TO ORDER:

PLEDGE OF ALLEGIANCE:

ROLL CALL: PRESENTATIONS: ACCEPTANCE OF THE AGENDA: The City Council will discuss the order of the agenda, may amend the order, add urgency items, note abstentions or no votes on Consent Calendar items, and request Consent Calendar items be removed from the Consent Calendar for discussion. The City Council may also remove items from the Consent Calendar prior to that portion of the Agenda.
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REPORT OF CLOSED SESSION:

PUBLIC TESTIMONY: (Non-Public Hearing Agenda Items ONLY) This time has been set aside for members of the public to address the City Council only on agenda items. Two (2) minutes will be assigned to each speaker. Testimony for Public Hearings will only be taken at the time of the hearing, and General Public Comments, non-agenda items, will be taken later in the meeting.

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: This time is set aside for the City Council to provide additional general comments, reports, and announcements. Additionally, this time is set aside for the City Manager to update the City Council on important items initiated by staff or previously requested by the City Council.

Tagged Passions:hearing, administrator, manager, and council

1.
CONSENT CALENDAR: The following routine matters may be acted upon by one motion. Individual items may be removed by the Council for separate discussion at this time or under Acceptance of the Agenda. The ordinance title is deemed to be read in its entirety and further reading waived on any ordinance listed on the Consent Calendar.

No additional detail provided

Tagged Passions:ordinance, council, and Title I

A.
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1774 S. PALM CANYON DRIVE, ROYAL HAWAIIAN ESTATES, HSPB 73 HD-2: RECOMMENDATION:

Approve a Mills Act Historic Property Preservation Agreement with Eric L Johnston and the Royal Hawaiian Estates Homeowners Association, for 1774 S. Palm Canyon Drive, HSPB 73 HD-2. A____.

Tagged Passions:property, historic, and preservation

1.
Authorize the City Manager to execute the Agreement.2. Direct the City Clerk to record the Agreement.3.

No additional detail provided

Tagged Passions:administrator and manager

B.
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1811 SANDCLIFF ROAD, HSPB 93/HD-5: RECOMMENDATION:

Approve a Mills Act Historic Property Agreement with Michael J Mahon and Sandcliff Homeowners Association, for 1811 Sandcliff Road, a Class 1 Historic Site, HSPB 93/HD-5. A____.

Tagged Passions:streets, property, historic, and preservation

1.
Authorize the City Manager to execute the Agreement.2. Direct the City Clerk to record the Agreement.3.

No additional detail provided

Tagged Passions:administrator and manager

C.
MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1813 SANDCLIFF ROAD, HSPB 93/HD-5: RECOMMENDATION:

Approve a Mills Act Historic Property Agreement with Michael J. Mahon and Sandcliff Homeowners Association, for 1813 Sandcliff Road, a Class 1 Historic Site, HSPB 93/HD-5. A____.

Tagged Passions:streets, property, historic, and preservation

1.
Authorize the City Manager to execute the Agreement.2. Direct the City Clerk to record the Agreement.3.

No additional detail provided

Tagged Passions:administrator and manager

D.
FREEHOLD CAPITAL MANAGEMENT, LLC, REQUESTING A ONE-YEAR EXTENSION OF TIME FOR PHASE 2 OF TENTATIVE TRACT MAP 31848 FOR THE MIRALON DEVELOPMENT, A PREVIOUSLY-APPROVED SUBDIVISION FOR THE DEVELOPMENT OF 1,150 RESIDENTIAL UNITS LOCATED AT 801 SUNRISE PARKWAY, CASE 5.0982-PD 290 / TTM 31848: RECOMMENDATION: Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST BY FREEHOLD CAPITAL MANAGEMENT, LLC, FOR A ONE-YEAR EXTENSION OF TIME FROM MAY 5, 2018, TO MAY 5, 2019, FOR TTM 31848, A PREVIOUSLY-APPROVED SUBDIVISION OF 309 ACRES TO CONSTRUCT 1,150 SINGLE-FAMILY, MULTI-FAMILY RESIDENTIAL UNITS AND AN AMENITY CENTER FACILITY LOCATED AT 801 SUNRISE PARKWAY; ZONE PD 290, SECTION 35.

No additional detail provided

Tagged Passions:council, development, subdivision, Development, and facility

E.
TREASURER S INVESTMENT REPORT AS OF FEBRUARY 28, 2018: RECOMMENDATION: Receive and File the Treasurer s Investment Report as of February 28, 2018.

No additional detail provided

Tagged Passions:Treasurer, TREASURER, and investment

F.
STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE MONTH OF MARCH 2018: RECOMMENDATION: Receive and file the report of Staff Authorized Agreements and Purchase Orders for the period of March 1 through March 31, 2018.

No additional detail provided

Tagged Passions:purchasing

G.
APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM SPRINGS AND THE COUNTY OF RIVERSIDE FOR TECHNICAL ASSISTANCE AND PLAN REVIEW FOR ONSITE WASTEWATER TREATMENT SYSTEMS: RECOMMENDATION:

Approve the Memorandum of Understanding between the City of Palm Springs and Riverside County for Technical Assistance and Plan Check Services for Onsite Wastewater Treatment Systems within the City of Palm Springs. A____.

Tagged Passions:services and sewer

1.
Authorize the City Manager to execute all necessary documents.2.

No additional detail provided

Tagged Passions:administrator and manager

H.
ACCEPTANCE OF THE TRAFFIC MANAGEMENT CENTER AND CITYWIDE TRAFFIC SIGNAL INTERCONNECT/ SYNCHRONIZATION PROJECT, AND APPROVAL OF AMENDMENT NO. 4 IN THE AMOUNT OF 6,428.15 TO PROFESSIONAL SERVICES AGREEMENT NO. A5985 WITH MICHAEL BAKER INTERNATIONAL, INC. FOR EQUIPMENT PURCHASED FOR REPAIRS OF DAMAGED SIGNAL EQUIPMENT DUE TO VEHICULAR TRAFFIC INCIDENT RELATED TO THE PROJECT, FEDERAL AID PROJECT NO. CML-5282(031), CP 08-04: RECOMMENDATION:

Accept the public works improvements identified as the Traffic Management Center and Citywide Traffic Signal Interconnect/Synchronization, Federal-Aid Project No. CML-5282 (031), CP 08-04, as completed in accordance with the plans and specifications.

Tagged Passions:purchasing, services, Public Works, equipment, traffic, and public works

1.
Approve Amendment No. 4 in the amount of 6,428.15 to Professional Services Agreement No. A5985 with Michael Baker International, Inc. for purchase of traffic signal equipment damaged due to vehicular traffic incident within the project limits, increasing the total contract amount to 665,879.15 for the Traffic Management Center and Citywide Traffic Signal Interconnect/Synchronization Project, CP 08-04.

No additional detail provided

Tagged Passions:contract, purchasing, services, equipment, and traffic

2.
Authorize the City Engineer to execute and file for recordation with the Riverside County Recorder a Notice of Completion for the Traffic Management Center and Citywide Traffic Signal Interconnect/Synchronization Project, CP 08-04.

No additional detail provided

Tagged Passions:traffic

3.
I. ADOPT A RESOLUTION IDENTIFYING THE PROJECTS TO BE FUNDED BY SENATE BILL 1 (SB 1): THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017, FOR FISCAL YEAR 2018-19: RECOMMENDATION: Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, IDENTIFYING THE PROJECT(S) TO BE FUNDED BY SENATE BILL 1 (SB 1), THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017.

No additional detail provided

Tagged Passions:streets, council, and accountability

J.
NATIONAL WILDLIFE FEDERATION'S MONARCH PLEDGE: RECOMMENDATION: Authorize the Mayor of Palm Springs, or designee, to take the Mayors Monarch Pledge.

No additional detail provided

K.
APPROVE THE SUBMITTAL OF THE NOMINATION OF THE PALM SPRINGS INTERNATIONAL AIRPORT TERMINAL BUILDING TO THE NATIONAL REGISTER OF HISTORIC PLACES: RECOMMENDATION: Approve the submittal of the nomination of the Palm Springs International Airport terminal building to the National Register of Historic Places.

No additional detail provided

Tagged Passions:ports, historic, and airport

L.
APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS:

No additional detail provided

Tagged Passions:public safety

L.
APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: RECOMMENDATION:

Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 02-10-2018 BY WARRANTS NUMBERED 420221, 420222, 420225, 420226, AND 420228 THROUGH 420237 TOTALING 22,755.15 LIABILITY CHECKS NUMBERED 1097372 THROUGH 1097391 TOTALING 77,803.77, FIVE WIRE TRANSFERS FOR 61,964.75, AND THREE ELECTRONIC ACH DEBITS OF 1,422,194.98 IN THE AGGREGATE AMOUNT OF 1,584,718.65, DRAWN ON BANK OF AMERICA.

Tagged Passions:public safety and council

1.
Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1097392 THROUGH 1097526 IN THE AGGREGATE AMOUNT OF 1,480,623.96 DRAWN ON BANK OF AMERICA.

No additional detail provided

Tagged Passions:public safety and council

2.
Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1097527 THROUGH 1097650 IN THE AGGREGATE AMOUNT OF 1,799,979.65 DRAWN ON BANK OF AMERICA.

No additional detail provided

Tagged Passions:public safety and council

3.
EXCLUDED CONSENT CALENDAR: Items removed from the Consent Calendar for separate discussion are considered at this time.

2. PUBLIC HEARINGS:

Tagged Passions:hearing

A.
PUBLIC HEARING UNDER SECTION 53083 OF THE CALIFORNIA GOVERNMENT CODE TO APPROVE A HOTEL OPERATING COVENANT BETWEEN THE CITY OF PALM SPRINGS AND CAHUILLA CHURCH, LLC, NEW CHURCH II, LLC, AND WERWER ONE THOUSAND, LLC, FOR DEVELOPMENT OF THE AUBERGE HOTEL; AND APPROVAL OF A RESOLUTION EXTENDING THE EXPIRATION OF LAND USE ENTITLEMENTS CONSISTENT WITH THE HOTEL OPERATIONS INCENTIVE PROGRAM AND OPERATING COVENANT: RECOMMENDATION:

Open the Public Hearing and receive public testimony. 1. Make a specific finding that the City s failure to extend the development timeline for the Auberge Hotel (formerly identified as the Orchid Tree Hotel) project, and/or to provide the project with the proposed economic development subsidy pursuant to the Program, as modified herein, would be inconsistent with the public welfare.

Tagged Passions:hearing, development, hotel, trees, church, Development, program, incentive, and economic development

2.
Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR CASE NOS. 5.1345 CUP, 3.0678 MAA, HSPB 23, AND HSPB 72 FROM NOVEMBER 9, 2018, TO MAY 31, 2019, FOR THE ADAPTIVE REUSE OF EXISTING HISTORIC BUILDINGS AND CONSTRUCTION OF NEW HOTEL BUILDINGS TO OPERATE A HOTEL AND SPA ON A 3.1 ACRE SITE LOCATED AT 222 S. CAHUILLA ROAD.

No additional detail provided

Tagged Passions:streets, council, hotel, historic, and construction

3.
Approve a Hotel Operations Covenant, Agreement No. A____, with Cahuilla Church, LLC, a Nevada limited liability company, New Church II, LLC, a Nevada limited liability company, and Werwer One Thousand, LLC, a Nevada limited liability company, for the Auberge Hotel generally located between Cahuilla Road and Belardo Road, north of Baristo Road.

No additional detail provided

Tagged Passions:streets, hotel, and church

4.
Authorize the City Manager or designee to take all necessary steps to execute these actions.

No additional detail provided

Tagged Passions:administrator and manager

5.
B. AMENDMENT TO THE CLASS 1 HISTORIC SITE DESIGNATION OF THE OASIS HOTEL

No additional detail provided

Tagged Passions:hotel and historic

B.
AMENDMENT TO THE CLASS 1 HISTORIC SITE DESIGNATION OF THE OASIS HOTEL TO LIST THE OASIS HOTEL DINING HALL LOCATED AT 211-219 SOUTH PALM CANYON DRIVE AND THE COMMERCIAL STOREFRONT AND CASITA BUILDINGS LOCATED AT 121 SOUTH PALM CANYON DRIVE AS CONTRIBUTING ELEMENTS; DESIGNED BY MASTER ARCHITECT LLOYD WRIGHT; ZONE CBD, CASE HSPB 10 AMND: RECOMMENDATION:

Open the Public Hearing and receive public testimony. 1. Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CLASS 1 HISTORIC SITE DESIGNATION OF 'THE OASIS HOTEL' TO LIST THE OASIS HOTEL DINING HALL LOCATED AT 211-219 SOUTH PALM CANYON DRIVE AND THE COMMERCIAL STOREFRONT AND CASITA BUILDINGS LOCATED AT 121 SOUTH PALM CANYON DRIVE AS CONTRIBUTING ELEMENTS; DESIGNED BY MASTER ARCHITECT LLOYD WRIGHT; CASE HSPB 10 AMND, APN NOS. 513-143-009, 513-143-008, AND 513-153-017, ZONES: CU (CIVIC USES) CBD (CENTRAL BUSINESS DISTRICT).

Tagged Passions:hearing, commercial, council, hotel, historic, and business

2.
C. SEWER CONSTRUCTION REFUND AGREEMENT WITH MAGIO, INC., A CALIFORNIA CORPORATION, FOR A PUBLIC SEWER LINE EXTENSION IN RADIO ROAD: RECOMMENDATION:

Open the Public Hearing and receive public testimony.1. Approve a Sewer Construction Refund Agreement with Magio, Inc., a California corporation, for a public sewer line extension in Radio Road. A____.

Tagged Passions:hearing, streets, Utility, radio, utility, construction, and sewer

2.
Direct the City Clerk to record the Sewer Construction Refund Agreement with the Riverside County Recorder.

No additional detail provided

Tagged Passions:Utility, utility, construction, and sewer

3.
D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2018-19 : RECOMMENDATION:

Open the Public Hearing and receive public testimony.1. Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MODIFYING CERTAIN USER FEES AND CHARGES BY IMPLEMENTING A CONSUMER PRICE INDEX INCREASE AND ADOPTING THE COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2018-19.

Tagged Passions:hearing and council

2.
E. REQUEST BY THE CITY OF PALM SPRINGS FOR A ZONE TEXT AMENDMENT TO MAKE MINOR MODIFICATIONS AND CORRECTIONS TO SECTIONS 93.20.00 THROUGH 93.20.13 OF THE PALM SPRINGS ZONING CODE (PSZC) RELATIVE TO THE CITY S SIGN ORDINANCE, CASE 5.1416-A ZTA: RECOMMENDATION:

Continue the Public Hearing to May 2, 2018, with no public testimony at this time.1.

Tagged Passions:hearing, ordinance, jail, and zoning

3.
LEGISLATIVE: None.

No additional detail provided

4.
UNFINISHED BUSINESS:

No additional detail provided

Tagged Passions:business

A.
UPDATED IMPACT ANALYSIS RELATING TO MEASURE C A CITIZENS INITIATIVE TO PROHIBIT THE VACATION RENTAL OF SINGLE FAMILY RESIDENCES IN THE CITY'S R-1 ZONES: RECOMMENDATION: Receive and file the supplemental information to complete the City staff s impact report related to Measure C , a ballot initiative that would prohibit the vacation rental of single family residences in the City s R-1 zones.

No additional detail provided

Tagged Passions:rental and election

5.
NEW BUSINESS:

No additional detail provided

Tagged Passions:business

A.
LEEF INDUSTRIES, LLC REQUESTING AN ADMINISTRATIVE MINOR MODIFICATION (AMM) SEEKING RELIEF FROM MINIMUM SEPARATION DISTANCE REQUIREMENTS FOR A 1,120-SQUARE FOOT CANNABIS DISPENSARY LOCATED IN SUITE D, 3700 EAST VISTA CHINO ROAD, ZONE M-1-P, CASE 7.1552 AMM: RECOMMENDATION: Adopt a Resolution entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADMINISTRATIVE MINOR MODIFICATION GRANTING RELIEF FROM THE SEPARATION DISTANCE REQUIREMENT OF SIX HUNDRED (600 ) FEET FOR A CANNABIS DISPENSARY TO A PUBLIC PARK LOCATED AT SUITE D, 3700 EAST VISTA CHINO ROAD.

No additional detail provided

Tagged Passions:streets, council, parks, and grant

B.
DESIGNATION OF A DELEGATE REPRESENTATIVE AND ALTERNATE REPRESENTATIVE FOR THE 2018 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) GENERAL ASSEMBLY: RECOMMENDATION: Appoint a Member of the City Council as the Delegate Representative and a Member of the City Council as the Alternate Delegate Representative to the SCAG General Assembly being held on May 3, 2018, in Indian Wells, California.

No additional detail provided

Tagged Passions:appointments and council

C.
CONTINUED DISCUSSION AND DIRECTION ON THE FISCAL YEAR 2018-19 BUDGET: RECOMMENDATION: Direct staff as appropriate.

PUBLIC COMMENT: (Non-Agenda Items) This time has been set aside for members of the public to address the City Council on items of general interest within the subject matter jurisdiction of the City. Although the City Council values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Two (2) minutes will be assigned to each speaker.

Tagged Passions:budget and council

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA DEVELOPMENT: This time is set aside for the City Council to make requests of staff, and/or issues of concern to Councilmembers are briefly presented, prioritized and set for future meeting dates.

Tagged Passions:administrator, manager, council, development, and Development

ADJOURNMENT: The City Council will adjourn to a special meeting on Thursday, April 19, 2018, at 6:00 p.m. Council Chamber, City Hall, preceded by Closed Session, Small Conference Room, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.

Tagged Passions:council

AFFIDAVIT OF POSTING

State of California ) County of Riverside ) ss. City of Palm Springs ) I, CYNTHIA A. BERARDI, Chief Deputy City Clerk of the City of Palm Springs, California, hereby certify this Agenda was delivered to each member of the City Council, provided to all parties who have requested such notice, posted at City Hall before 5:00 p.m., on April 13, 2018, and posted on the City s website as required by established policies and procedures.
Tagged Passions:council and procedure

____________________________ CYNTHIA A. BERARDI, CMC Chief Deputy City Clerk

P U B L I C N O T I C E S Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204.

It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible.

Tagged Passions:disability

City Council Regular Meeting Meeting Date: 04/18/2018

Subject 3:00 P.M. CLOSED SESSION Attachments Closed Session Agenda

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CITY COUNCIL AND AS SUCCESSOR AGENCY TO THE

Tagged Passions:council

COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF THE PALM SPRINGS

CLOSED SESSION AGENDA Wednesday, April 18, 2018 3:00 p.m.

City Hall, Small Conference Room

3200 East Tahquitz Canyon Way, Palm Springs Palm Springs, CA 92262

CONFERENCE WITH LEGAL COUNSEL. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following described matter(s) will prejudice the position of the City in existing and anticipated litigation.
Tagged Passions:legal and council

EXISTING LITIGATION G.C. 54956.9(d)(1)

Lockwood Ave LLC et al v. City of Palm Springs Case No. RIC1703102, Riverside Superior Court, Riverside Division Linda Apling, as Personal Representative of the Will and Estate of David Hamaker v. City of Palm Springs et al. Case No. PSC1801693 and PSC1801694, Riverside Superior Court, Palm Springs Division

Tagged Passions:legal and court

Ana Lavenant and Jose Ortiz v. City of Palm Springs et al. Case No. 5:17-cv-02267, U. S. District Court, Central District of California

No additional detail provided

Tagged Passions:legal and court

ANTICIPATED LITIGATION G.C. 54956.9(d)(2)

Seven (7) Cases One (1) Case Re: Response to Letter From Kevin Shenkman, Esq., received March 5, 2018 (California Voting Rights Act of 2001)

Tagged Passions:legal, voting rights, and voting

INITIATION OF LITIGATION G.C. 54956.9(d)(4)

Five (5) Cases CONFERENCE WITH REAL PROPERTY NEGOTIATOR G.C. 54956.8 Property Address/Description: 980 E. Tahquitz Canyon Way, APN 508-056-010 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Palm Springs Unified School District; Sandra Lyon, Superintendent Under Negotiation: Price and Terms of Payment (Lease)
Tagged Passions:leasing, superintendent, legal, administrator, property, manager, and education

Closed Session Agenda April 18, 2018 Page 2

Property Address/Description: 4449 N. Indian Canyon Dr., APN 669-330-047 Agency: City of Palm Springs City Negotiator: David H. Ready, City Manager or Designee Negotiating Parties: Desert Community College District Under Negotiation: Price and Terms of Payment (Acquisition)

CONFERENCE WITH LABOR NEGOTIATOR G.C. 54957.6 Agency Designated Representatives: City Manager David Ready and Attorney Peter Brown
Tagged Passions:university, legal, administrator, property, and manager

Employee Organizations: Management Association of Palm Springs

Palm Springs Fire Safety Palm Springs Fire Management Palm Springs Police Management Association Palm Springs Police Officers Association Service Employees International Union Local 721
Tagged Passions:public safety and union

City Council Regular Meeting 1.A. Meeting Date: 04/18/2018

Subject MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1774 S. PALM CANYON DRIVE, ROYAL HAWAIIAN ESTATES, HSPB 73 HD-2: RECOMMENDATION: Approve a Mills Act Historic Property Preservation Agreement with Eric L Johnston and the Royal Hawaiian Estates Homeowners Association, for 1774 S. Palm Canyon Drive, HSPB 73 HD-2. A____.

Tagged Passions:property, council, historic, and preservation

1.
Authorize the City Manager to execute the Agreement.2. Direct the City Clerk to record the Agreement.3.

Attachments 1A Mills Act 1774 S. Palm Cyn

Tagged Passions:administrator and manager

CITY COUNCIL STAFF REPORT

DATE: April 18, 2018 CONSENT AGENDA
Tagged Passions:council

SUBJECT: REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1774 S. PALM CANYON DRIVE (ROYAL HAWAIIAN ESTATES HD-2).

FROM: David H. Ready, City Manager BY: Planning Services SUMMARY
Tagged Passions:administrator, property, manager, services, historic, planning, and preservation

This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with Eric L. Johnston, and the Royal Hawaiian Estates Homeowners Association. The intent of this contract is to require maintenance and preservation of this Class 1 historic site in exchange for possible property tax relief as determined by Riverside County (APN 511-070-021 ).

RECOMMENDATION: 1. Approve a Mills Act Historic Property Preservation Agreement between the City of Palm Springs, Eric L Johnston and the Royal Hawaiian Estates Homeowners Association, for 1774 S Palm Canyon Drive (HSPB 73 HD-2).
Tagged Passions:contract, taxes, property, Taxes, historic, preservation, and property tax

2.
Authorize the City Manager to execute the Agreement; and 3. Direct the City Clerk to record the Agreement.

STAFF ANALYSIS: On February 3, 2010, the City Council designated the Royal Hawaiian Estates a Historic District (HSPB 73 I HD-2). The Royal Hawaiian Estates Historic District is comprised of forty residences on roughly five acres. As such, each of the forty units are deemed contributing and are therefore subject to Class 1 regulations and are also each qualified for application for a Mills Act Historic Property Preservation Agreement. Pursuant with California Government Code Section 50280 - 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract with the owner or agent to restrict the use of the property to carry out the ITEM NO. --:;.:1-_._A_. _

Tagged Passions:contract, administrator, property, manager, council, historic, preservation, and regulation

City Council Staff Report April18, 2018- Page 2 Mills Act- 1774 S Palm Canyon Drive

purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a Mills Act Agreement and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics. The property at 1774 S Palm Canyon Drive has been deemed a contributing structure within the Royal Hawaiian Estates Historic District. Pursuant to Municipal Code Section 8.05.125, contributing structures in a historic district are subject to Class 1 regulations and are designated Class 1 historic sites. State of California Governmental Code Section 50280.1 denotes that properties that are eligible for application of a Mills Act contract must be listed in a state, city, county official register of historic sites. As such, 1774 S Palm Canyon Drive is qualified for a Mills Act Contract. At Royal Hawaiian Estates, routine maintenance and upkeep of the building exteriors and grounds is a shared responsibility of the home-owners association (HOA) and the individual unit owners. Because of this shared responsibility, the Mills Act Agreement in this particular case has been drafted with both the homeowners and the HOA as parties to the agreement. Should other individual home owners at the Royal Hawaiian Estates wish to pursue a Mills Act Agreement, the same contractual arrangement would apply. ENVIRONMENTAL IMPACT: The requested City Council action is not a Project as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a Project means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to request approval of Mills Act agreements, and is exempt from CEQA pursuant to Section 15378(b), in that a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. FISCAL IMPACT: None SUBMITIED:

Tagged Passions:contract, taxes, property, Taxes, council, sites, Conservation, historic, environment, preservation, regulation, housing, and property tax

1
t - r F nn Fagg, AICP 1 Director of Planning Services

-.2 7;v--- - David H. Ready,ESq:, City Manager Marcus Fuller, P.E., M.P.A., P.L.S. Assistant City Manager/City Engineer 02
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City Council Staff Report April18, 2018- Page 3 Mills Act -1774 S Palm Canyon Drive

No additional detail provided

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Attachments: Vicinity Map Councii Excerpt of Minutes dated February 3, 2010 Owner letter of intent dated March 13, 2018 Homeowners Association Letter of Support dated March 15, 2018 Exterior Photos Historic Property Preservation Agreement

03 Legend Site
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Department of Planning Services Vicinity Map

- R1 C O soo Site Radius Ozoning - Parcels 18 R2
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CITY OF PALM SPRINGS 1774 SOUTH PALM CANYON DRIVE

. s 04

CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK

3200 E. Tahquitz Canyon Way Palm Springs, CA 92262

(760) 323-8204

EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held February 3, 2010, the City Council took the following action:

1.A. DESIGNATION OF THE ROYAL HAWAIIAN ESTATES CONDOMINIUM LOCATED AT 1774 SOUTH PALM CANYON DRIVE AS A HISTORIC DISTRICT (CASE HSPB 73 I HD 2): Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated February 3, 2010. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. BILL LEWALLEN, Representing Royal Hawaiian Estates, discussed the background information as outlined in the Historic Designation Application, and requested the City Council establish the Historical District for the Royal Hawaiian Estates Condominiums.
Tagged Passions:hearing, services, historical, historic, and planning

RON MARSHALL, Palm Springs, stated the project has strong owner and community support, and requested the City Council support the approval of the Historic District.

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No further speakers coming forward, the public hearing was closed.

No additional detail provided

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Mayor Pro Tern Hutcheson stated this is a great example of historic preservation in the City of Palm Springs, and noted the owner and community support of the designation.

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Councilmember Foat commented on the achievements of Bill Lewallen toward the designation, and announced the upcoming Modernism Week event.

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Mayor Pougnet commented on the success story of this designation, and the support of the community.

05 ACTION: Adopt Resolution No. 22657, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING HISTORIC DISTRICT NO. 2, AT THE ROYAL HAWAIIAN ESTATES CONDOMINIUMS LOCATED AT 1774 SOUTH PALM CANYON DRIVE. Motion Councilmember Foat, seconded by Mayor Pro Tem Hutcheson and carried 4-1 on a roll call vote. AYES: NOES: Councilmember Foat, Councilmember Weigel, Mayor Pro Tem Hutcheson, and Mayor Pougnet. Councilmember Mills. I, CYNTHIA A. BERARDI, Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the above action took place at a regular meeting of the City Council held on the 3'd day of February, 2010.
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Chief Deputy City Clerk

06 Finn Flagg, AICD Eric Johnston Mailing Address:

700 East Ocean Boulevard. Unit 2204 Long Beach, CA 90802 phone: 626.485.1065

No additional detail provided

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email: ericjohnstonresearch@gmail.com

Director Of Planning Services City Of Palm Springs

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Dear Mr. Flagg,

I would like to officially request that the City Of Palm Springs initiate a Mills Act Agreement on my property in Palm Springs. My property, located at 1n4 South Palm Canyon Drive. Is a contributing structure at Royal Hawaiian Estates, eligible for Class 1 Historic Status (Royal Hawaiian Estates Is a Designated Historic District). The address is:

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1774 South Palm Canyon Drive Palm Springs, CA 92264

I have included a check in the amount of 1 ,305 to pay for the fee for processing the Mills Act agreement. I'm excited to begin this process of ensuring preservation of my historic property. I have opened up my unit for home tours as part of 2017 and 2018 Modernism Week events, and I look forward to participating in future community activities to celebrate the historic nature of our complex and the great work of Donald Wexler and Richard Harrison. Thank you. Mailing Address: 700 East Ocean Blvd . Unit 2204 Long Beach, CA 90802 ericjohnstonresearch@gmail.com 626.485.1065 RECEIVED PLANNING SERVICES OFP r1T' I= IT EricJohnslonResearch@gmail.com 07
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' S I I - Or fl - 0.? 1

No additional detail provided

City of Palm Springs Planning Department Services

Historical Site Preservation Board and Palm Springs Planning Department;
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Please accept this fonnalletter of intent and agreement for the Royal Hawaiian Estates HOA to be a signing participant of the Mills Act Contract Agreement with homeowner Eric Johnston. Mr. Johnston's address is 1774 S. Palm Canyon Drive, Palm Springs, CA 92264

Unit 1774 has many original features which have been preserved on the interior and exterior. Mr. Johnston intends to restore remaining items. This will be aceomplished by investing in items in need of restoration in accordance with the original design intent of Architects Donald Wexler and Richard Harrison. The Royal Hawaiian Estates Board of Directors appreciates Mr. Johnston's willingness to help our community represent our Class l Historic designation by restoring his unit, and returning his unit back to its original architecture. Respectfully, Cindra StoJk-President Royal Hawaiian Estates HOA 08 V) w 1- <( 1- V) w z <( <( <( J: .....
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M ,.... co Q. V) J: 09 V ' w I- w z

ct: > 0 rx: M ,....

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r::tl ll. V ' :r:

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FREE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263-2743 Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ( Agreement ) is made this 181h day of March. 2018 by and between the City of Palm Springs, a charter city and municipal corporation ( City ) and Eric L Johnston ( Owner'') and Royal Hawaiian Estates ( HOA ). RECITALS:
Tagged Passions:property, Tony Taylor Custom, historic, and preservation

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

No additional detail provided

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B.
The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1774 S Palm Canyon Drive Palm Springs, California ( Historic Property ). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

No additional detail provided

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D.
On February 3. 2010 (the Approval Date ), the City Council of the City of Palm Springs ( Council ) approved Resolution 22657 designating the Property a Class 1 historic site, pursuant to the terms and provisions of Chapter 8.05 of the Palm Springs Municipal Code (the City Code ).

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

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AGREEMENT

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

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on March 18. 2018 ( Effective Date ) and shall remain in effect for a minimum term of ten 1 0) years thereafter. Each year upon the anniversary of the Effective Date ( Renewal Date ), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2.
Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shaii serve a written notice of nonrenewal upon the party in advance of the Renewal Date ( Notice of Nonrenewal ). The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

No additional detail provided

3.
Owner Protest of City Nonrenewal. Within fifteen (15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Non renewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Nonrenewal.

No additional detail provided

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

No additional detail provided

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

No additional detail provided

Tagged Passions:property, historical, historic, and preservation

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

No additional detail provided

Tagged Passions:property, historical, building codes, parks, historic, recreation, preservation, and regulation

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

No additional detail provided

Tagged Passions:property, historic, and preservation

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

No additional detail provided

Tagged Passions:property, corridor, and historic

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

No additional detail provided

Tagged Passions:compliance, administrator, and manager

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

No additional detail provided

Tagged Passions:compliance, administrator, property, manager, and historic

7.
Breach of Agreement; Remedies.

No additional detail provided

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

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

Tagged Passions:hearing, property, audit, council, and historic

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

No additional detail provided

Tagged Passions:legal, administrator, manager, performance, and court

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

No additional detail provided

Tagged Passions:commercial, property, council, eminent domain, flooding, and historic

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

No additional detail provided

Tagged Passions:administrator, manager, historic, regulation, and events

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0. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and

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HOA's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

No additional detail provided

Tagged Passions:contract, property, and historic

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

No additional detail provided

Tagged Passions:property, development, historical, historic, and Development

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

City: Owners: HOA:

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

Eric L. Jonhston 700 East Ocean Blvd., Unit 2204 Long Beach, CA 90802

Cindra Stolk Board President Royal Hawaiian Estates 283 E Twin Palms Drive Palm Springs, CA 92264

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13.
Effect of Agreement. None of the terms, prov1s1ons, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

No additional detail provided

14.
Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent,

No additional detail provided

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lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA's activities in connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.
Tagged Passions:legal, property, development, historic, Development, and insurance

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

No additional detail provided

Tagged Passions:legal, property, and historic

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

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

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

No additional detail provided

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

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

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

SIGNATURES ON FOLLOWING PAGE

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IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above. Dated: _________ _ APPROVED AS TO FORM:

City Attorney: Edward Kotkin

Dated: __________ _ Dated: __________ _ CITY OF PALM SPRINGS, a Charter City and Municipal Corporation
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By:-:::-:----::-::-----=----=--:-:-:---:::::-----:--- City Manager: David H. Ready

ATTEST:
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City Clerk: Anthony Mejia, MMC

By:-=-----=----:----:----:---:------ Owner: Eric L. Johnston

No additional detail provided

By: ____________ _ HOA: Cindra Stolk Board President Royal Hawaiian Estates

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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189

A
notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California County of __________________________ ___

On _____________________ b,efore me, ----------------------------------------------- Date Here Insert Name and Title of the Officer

No additional detail provided

personallyappeared ------------------------------------------------------------------ Name(s) of Signer(s)

No additional detail provided

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above

I
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

Signature Signature of Notary Public -----------------------------OPTIONAL----------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: ------------------ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ________________________ __ Signer's Name:--------------------------- 0 Corporate Officer-- Title(s): ____________ _ 0 Corporate Officer-- Title(s): ______________ _ 0 Partner -- 0 Limited 0 General 0 Partner -- 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact [] Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: -=------,,------------- Signer Is Representing: ____________________ _
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0
Other: ---------------- Signer Is Representing: __________________ _

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EXHIBIT A LEGAL DESCRIPTION Assessor Parcel Number 511-070-021-7; 1774 S. Palm Canyon Drive; Parcel3 RS 032/069 All that certain real property situated in the County of Riverside, State of California, described as follows: Parcel 3 of which is shown in the Record of Survey Map recorded in Block 32, Page 69 of Record of Surveys in the Office of the County Recorder of said County, also known as 1774 S Palm Canyon Drive
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EXCEPT therefore the oil, gas, minerals and other hydrocarbon substances lying below the surface of said land, as provided in deeds of record.

(Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)
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EXHIBIT B MAINTENANCE STANDARDS (Section 4.1) All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Mills Act Historic Property Preservation Agreement ( Agreement ) shall be maintained in good condition throughout the term of this agreement. All nuisances as defined in Title 11 Peace, Morals and Safety of the Palm Springs Municipal Code that occur or develop on the subject parcel shall be abated in a timely manner and to the satisfaction of the City Manager or his designee. All structures, walls, water features, landscaping and any other improvements associated with the parcel that is the subject of this Agreement that are part of the historic character-defining features of the property shall be maintained as outlined in the Secretary of the Interior Standards for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995 Weeks and Grimmer).
Tagged Passions:administrator, property, manager, Utility, historic, utility, preservation, and water

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EXHIBIT C EXISTING CONDITIONS (Section 4.2) (Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

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EXHIBIT D

SPECIFIC PROJECTS (Section 4.3)

(Aerial photo of the property and tract map are on file in the Planning Services Department of the City of Palm Springs, California at 3200 Tahquitz Canyon Way, Palm Springs, CA 92262)

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No additional detail provided

City Council Regular Meeting 1.B. Meeting Date: 04/18/2018

Subject MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1811 SANDCLIFF ROAD, HSPB 93/HD-5: RECOMMENDATION: Approve a Mills Act Historic Property Agreement with Michael J Mahon and Sandcliff Homeowners Association, for 1811 Sandcliff Road, a Class 1 Historic Site, HSPB 93/HD-5. A____.

Tagged Passions:streets, property, council, historic, and preservation

1.
Authorize the City Manager to execute the Agreement.2. Direct the City Clerk to record the Agreement.3.

Attachments 1B Mills Act 1811 Sandcliff Rd

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CITY COUNCIL STAFF REPORT

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DATE: April18, 2018 CONSENT AGENDA

SUBJECT: REQUEST FOR APPROVAL OF MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR CLASS 1 HISTORIC SITE LOCATED AT 1811 SANDCLIFF ROAD, A CLASS 1 HISTORIC SITE (HSPB 93/HD-5).

FROM: David H. Ready, City Manager
Tagged Passions:administrator, streets, property, manager, historic, and preservation

BY: Department of Planning Services

SUMMARY

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This is a request for the City of Palm Springs to enter into a standard Mills Act Agreement with Michael J. Mahon, and the Sandcliff Homeowners Association. The intent of this contract is to require maintenance and preservation of this Class 1 historic site in exchange for possible property tax relief as determined by Riverside County (APN 510-040-004).

RECOMMENDATION: 1. Approve a Mills Act Historic Property Agreement between the City of Palm Springs, Michael J Mahon and Sandcliff Homeowners Association, for 1811 Sandcliff Road, a Class 1 Historic Site (HSPB 93/HD-5).
Tagged Passions:contract, taxes, streets, property, Taxes, historic, preservation, and property tax

2.
Authorize the City Manager to execute the Agreement. 3. Direct the City Clerk to record the Agreement.

STAFF ANALYSIS:

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On February 03, 2016, the City Council designated Sandcliff Community a Historic District (HSPB 93/Historic District 5). Sandcliff Garden Homes Historic District is comprised of forty residences clustered around common amenities and open space. As such, each of the forty units is deemed contributing and is therefore subject to Class 1 regulations and is also each qualified for application for a Mills Act Historic Property Preservation Agreement.

Pursuant to California Government Code Sections 50280 - 50290, upon the application of an owner of any qualified historic property, the legislative body of a city may contract ITEM NO. __.1-. ..... 13_. _ City Council Staff Report April 18, 2018- Page 2 Mills Act Agreement - 1811 Sandel iff Road with the owner or agent to restrict the use of the property to carry out the purposes and goals of historic preservation of the property. Such a contract is commonly referred to as a Mills Act Agreement and it provides for possible alternative property tax rate calculations in exchange for specific and ongoing preservation and maintenance of the property, specifically its historically significant elements and characteristics. The property at 1811 Sandcliff Road has been deemed a contributing structure within the Sandcliff Garden Homes Historic District. Pursuant to Municipal Code Section 8.05.125, contributing structures in a historic district are subject to Class 1 regulations and are designated Class 1 historic sites. California Government Code Section 50280.1 denotes that properties that are eligible for application of a Mills Act contract must be listed in a state, city, or county official register of historic sites. As such, the property at 1811 Sandcliff Road is qualified for a Mills Act Contract. At Sandcliff Garden Homes Historic District, routine maintenance and upkeep of the building exteriors and grounds is a shared responsibility of the homeowners association (HOA) and the individual unit owners. Because of this shared responsibility, the Mills Act Agreement in this particular case has been drafted with both the homeowner and the HOA as parties to the agreement. If other individual homeowners at the Sandcliff Garden Homes Historic District wish to pursue a Mills Act Agreement in the future, the same contractual arrangement would apply. FISCAL IMPACT: None There is no known fiscal impact upon the city as a result of this recommended action.

Tagged Passions:contract, taxes, streets, property, Taxes, council, sites, historic, preservation, regulation, housing, and property tax

LF g,;ICJ .P.LS Director of Planning Services Assistant City Manager/City Engineer

? David H. Ready,ES Tagged Passions:administrator, manager, services, and planning

Attachments: 1. Vicinity Map. 2. City Council Minutes Excerpt: February 3, 2016. 3. Letter from Owner dated 03/13/2018. 4. Homeowners Association letter of support, dated 09/22/2016 5. Exterior Photos 6. Historic Property Preservation Agreement.

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Department of Planning Services Vicinity Map

Legend Site RGA6 O soo Site Radius Ozoning - Parcels c 0::: 4: z 0 0::: 4: ID ' PO \ I SAND CLIFF RD R1B
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CITY OF PALM SPRINGS 1811 SANDCLIFF ROAD

N . W E s I 03
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CITY OF PALM SPRINGS OFFICE OF THE CITY CLERK

3200 E. Tahquitz Canyon Way Palm Springs, CA 92262

(760) 323-8204

EXCERPTS OF MINUTES At the City Council meeting of the City of Palm Springs held February 3, 2016, the City Council took the following action:

1.C. H STOR C D STR CT DES G JAT ON FOR THE SAf'.JDCL FF CONDOMINIUMS AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 I HD 5): Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 3, 2016.

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Councilmember Foat questioned if the three owners that opposed were notified, and the deletion of names on the petitions.

Mayor Moon opened the public hearing, and the following speakers addressed the City Council. RON MARSHALL, Applicant, commented on the process with the owners for the designation, and requested the City Council approve the designation. JACK WEBSTER, no information has been provided by Sandcliff Condominiums, stated photos of his home and vehicle were in the file as a public document, and requested the City Council postpone the hearing and meet with all homeowners.

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KITTY MAHON, commented on the design of Sandcliff Condominiums, the condition of the property, stated the owners are generally in support of the designation, and requested the City Council support the designation.

ALLEN WORTHY, stated the property does not warrant the historic designation.
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No further speakers coming forward, the public hearing was closed. Councilmember Roberts questioned the process of the designation and the impact of a designation.

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Councilmember Kors stated he toured the property and stated the property meets the criteria for historic designation.

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Mayor Moon stated he visited the site and appreciated the work done by the HSPB, and stated his support for the designation.

ACTION: Adopt Resolution No. 23963, A RESOLUTION OF THE CITY COUNCIL OF THE CITY i OF PALM SPRINGS, CALIFORNIA, DESIGNATING THE SANDCLIFF GARDEN APARTMENT HOMES CONDOMINIUMS AS HISTORIC DISTRICT NO. 5 AND ADOPTING A CLASS 31 CATEGORICAL EXEMPTION UNDER CEQA FOR PROPERTY LOCATED AT 1800 BARONA ROAD (CASE HSPB 93 I HD 5). Motion Councilmember Kors, seconded by Councilmember Roberts and unanimously carried on a roll call vote.
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AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, Mayor ProTem Mills, and Mayor Moon.

No additional detail provided

NOES: None. ABSENT: None.

I, CYNTHIA A. BERARDI, Chief Deputy City Clerk of the City of Palm Springs, hereby certify that the above action took place at a regular meeting of the City Council held on the 3rd day of February, 2016. Cynthia A. Berardi, CMC Chief Deputy City Clerk 05
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Mr. Flynn Fagg Director of Planning City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262

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Dear Mr. Fagg.

No additional detail provided

My wife and I are the owners of 1811 and 1813 5andcliff Road, Palm Springs, CA, two of the contributing structures within the Sandcliff Historic District. I am writing to request the City initiate the Mills Act process with me and the Sandcliff Homeowners Assodation.

I understand that payment is due to start the process, and will present this letter in person to do so. I am also enclosing letters from the HOA supporting my applications and expressing their intent to be co-signers on the Mills contracts. Sincerely, 425-681-7122 mjmahon@aol.com Palm Springs Property addresses: 1811 Sandcliff Road Palm Springs, CA 92264

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1813 Sandel iff Road Palm Springs, CA 92264

Best mailing address: 2309 SW 1st Ave, Apt 2143 Portland, OR 97201

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1811 Sto- o'1o-col J lf:, 51 o - 6'-'lo- OC6

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c/o Albert Management P.O. Box 12920 Palm Desert CA 92211

To Whom It May Concern : The Sandsdiff Home Owners Association supports the Mills Act Application for 1811 Sandcliff Road, Palm Springs, CA 92264 being submitted by Michael and Catherine Mahon. We understand that we will be co-signers on the contract. The Board Is committed to the preservation of Sandcliff's historic elements and was active in pursuing the historic designation given by the City Council earlier this year. Sincerely, On Behalf of the Board of Directors Sand cl iff Arlene Collins, CCAM Community Association Manager 07 V') UJ :E 0 :I: z UJ c ex: <( (. ) u... u... 08 Vl w ':;E 0 :I: z LLJ c c:: Tagged Passions:contract, streets, manager, council, historic, and preservation

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FREE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92263-2743 Attn: City Clerk

HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ( Agreement ) is made this 18th day of April 2018 by and between the City of Palm Springs, a charter city and municipal corporation ( City ) and Michael J Mahon ( Owner ) and the Sandcliff Homeowners Association ( HOA ). RECITALS:
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A.
California Government Code Sections 50280, et seq. (the State Law ), as may be amended from time to time, authorizes cities to enter into contracts with the owners of qualified historical property to provide for the use, maintenance, protection, and restoration of such historical property so as to retain its characteristics as a property of historical significance.

No additional detail provided

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B.
The Owner possess fee title in and to that certain real property, together with associated structures and improvements thereon, generally located at the street address 1811 Sandcliff Road Palm Springs, California ( Historic Property ). A legal description of the Historic Property is attached hereto as Exhibit A and is incorporated herein by this reference.

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

No additional detail provided

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D.
On February 3. 2016 (the Approval Date ), the City Council of the City of Palm Springs ( Council ) approved Resolution 23963 designating the Property a Class 1 historic site, pursuant to the terms and provisions of Chapter 8.05 of the Palm Springs Municipal Code the City Code ).

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

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AGREEMENT

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

1. Effective Date and Term of Agreement. This Agreement shall be effective and commence on April18, 2018 ( Effective Date ) and shall remain in effect for a minimum term of ten ( 1 0) years thereafter. Each year upon the anniversary of the Effective Date ( Renewal Date ), an additional one (1) year shall automatically be added to the remaining term of the Agreement unless a notice of nonrenewal is delivered as provided in Section 2 of this Agreement.

2.
Non-Renewal and Cancellation. If either the Owner or the City desire in any year not to renew this Agreement, the Owner or the City shall serve a written notice of nonrenewal upon the party in advance of the Renewal Date ( Notice of Nonrenewal ). The Notice of Nonrenewal shall be effective only if served by the Owner upon the City at least ninety (90) days prior to the Renewal Date, or if served by the City upon the Owner, the Notice of Nonrenewal shall be effective only if served upon the Owner at least sixty (60) days prior to the Renewal Date. If either the City or the Owner serve a Notice of Nonrenewal in any year, this Agreement shall remain in effect for the balance of the term then remaining from the last Renewal Date (or from the Effective Date if no Renewal Date has yet occurred).

No additional detail provided

3.
Owner Protest of City Non renewal. Within fifteen ( 15) days of the Owner's receipt of the Notice of Nonrenewal from the City, the Owner may file with the City a written protest of the Notice of Nonrenewal. Upon receipt of the written protect, the City Council shall set a hearing prior to the expiration of the Renewal Date of this Agreement. The Owner may furnish the City Council with any information which Owner deem relevant and shall furnish the City Council with any information it may require. The City Council may, at any time prior to the annual Renewal Date, withdraw its Notice of Non renewal.

No additional detail provided

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

No additional detail provided

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

No additional detail provided

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

No additional detail provided

Tagged Passions:property, historical, building codes, parks, historic, recreation, preservation, and regulation

4.3 The Owner and the HOA shall carry out specific restoration, repair, maintenance, and/or rehabilitation projects on the Historic Property, as n tlinorl in tho :ltbrhorl l=vhihit n tn thic:: Anrooml'>nt All C::lll 'h nrniPdc:: - .... \,Ill' II I Ll I- - -- -.... _, ... II_ I.. - 0.'-' ... II .... I I....,._,, I 1 ....... 1 10.1 I .,, ...,..,....,;,I t ' ...,.J..;..;.,..,.

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shall be undertaken and completed in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preservation, Restoration and/or Rehabilitation and the City Codes and all applicable design guidelines.

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

No additional detail provided

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

No additional detail provided

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

No additional detail provided

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7.
Breach of Agreement; Remedies.

No additional detail provided

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

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

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

No additional detail provided

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

No additional detail provided

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

No additional detail provided

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0. Binding Effect of Agreement. The Owner and the HOA hereby subject the Historic Property to the covenants, conditions, and restrictions set forth in this Agreement. The City, the Owner, and the HOA hereby declare their specific intent that the covenants, conditions, and restrictions set forth in this Agreement shall be deemed covenants running with the land and shall inure to and be binding upon the Owner's and

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No additional detail provided

HOA's successors and assigns in title or interest to the Historic Property. Each and every contract, deed, or other instrument herein after executed, covering or conveying the Historic Property, or any portion thereof, shall conclusively be held to have been executed, delivered and accepted subject to the covenants, reservations and restrictions are set forth in such contract, deed or other instrument.

No additional detail provided

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

No additional detail provided

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

City: Owners: HOA:

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

Michael J. Mahon 2309 Sandcliff Road Apt. 2143 Portland, Oregon 97201

Cardinal Ambrose CCAM, CMCA, AMS Community Association Manager P.O. Box 12920 Palm Desert, CA 92211
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13.
Effect of Agreement. None of the terms, prov1s1ons, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions, or conditions cause the parties to be considered joint venturers or members of any joint enterprise.

No additional detail provided

14.
Indemnity of City. The Owner and HOA shall defend, indemnify, and hold harmless the City and its elected officials, officers, agents, and employees from any actual or alleged claims, demands, causes of action, liability, loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state or local governmental agency, arising out of or incident to (i) the direct or indirect use operation, or maintenance of the Historic Property by the Owner or the HOA or any contractor, subcontractor, employee, agent, lessee, licensee, invitee, or any other person; (ii) the Owner's or HOA's activities in

No additional detail provided

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connection with the Historic Property; and (iii) any restrictions on the use or development of the Historic Property, from application or enforcement of the City Code, or from the enforcement of this Agreement. This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys' fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. The Owner's and HOA's obligation to indemnify shall survive the termination, cancellation, or expiration of this Agreement and shall not be restricted to insurance proceeds, if any, received by the City, its elected officials, employees, or agents.

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

No additional detail provided

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

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

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

No additional detail provided

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

20. Governing Law and Venue. This Agreement shall be construed and governed in accordance with the laws of the State of California. Any action at law or in equity brought by either of the parties hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the parties hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. 21. No Compensation. Neither the Owner nor the HOA shall not receive any payment from the City in consideration of the obligations imposed under this

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Agreement. The Owner, the HOA, and the City acknowledge and agree that the primary consideration to the City for the execution of this Agreement is the substantial benefit to the citizens of Palm Springs accruing from the rehabilitation and maintenance of the Property, and the primary consideration to the Owner and HOA is the economic advantage that will accrue to the Owner and HOA as a result of the possible effect upon the assessed value of the Property of the restrictions on the use and preservation of the Property imposed hereunder. The Owner and HOA acknowledges that it is not guaranteed to receive a reduction of property taxes as a result of this Agreement. SIGNATURES ON FOLLOWING PAGE
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IN WITNESS WHEREOF, the City, the Owner, and the HOA have executed this Agreement on the day and year first written above. Dated: _________ _ APPROVED AS TO FORM:

City Attorney: Edward Kotkin

Dated: __________ _ Dated: __________ _ CITY OF PALM SPRINGS, a Charter City and Municipal Corporation By:-:-:---:-:-------,-------:-:--::----:---- City Manager: David H. Ready ATTEST:
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City Clerk: Anthony Mejia, MMC

By: ___ .,........,. ________ _ Owner: Michael J. Mahon

No additional detail provided

By: ____________ _ HOA: Cardinal Ambrose,

Community Association Manager
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE 1189

A
notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California County of _____________ _

On _____________ beforeme, --------------------------- Date Here Insert Name and Title of the Officer

personally appeared ----------------------------------- Name(s) of Signer(s)

who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Place Notary Seal Above

I
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal.

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