Agenda packet — Palm Springs City Council, November 28, 2022 (part 3 of 3)

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Mana gers, Trustees, Other Fiduciaries (please s pecify) Note: If any response is not a natural pers on, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
__________________________________
_______________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
__________________________________
_______________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Veolia Water West Operating Services, Inc.
53 State Street, 14th Floor, Boston, MA 02109
Delaware
x
x
William DiCroce x x
Jason Salgo x x
Robert Arendell x x
Item 1K - Page 5
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE FORM APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13.18)

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

EXAMPLE
JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity
]
A.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity
]
B.
[name of owner/investor]   [percentage of beneficial interest in entity and name of entity
]
C.
[name of owner/investor]   [percentage of beneficial interest in entity and name of entity
]
D.
[name of owner/investor]   [percentage of beneficial interest in entity and name of entity
]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity
]
I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date Veolia Water North America-West, LLC 100% *
Item 1K - Page 6
Continuation Page
Item 6, continued
John Gibson, officer
James Pawloski, officer
Daniel Mahoney, officer
Keith Oldewurtel, officer
Francis Ferrara, officer
Each of the persons listed in Item 6 (except James Pawloski) also serve as the officers of Applicant’s parent company Veolia Water North America-West, LLC, and William DiCroce, Jason Salgo, and Robert Arendell also serve as managers of Veolia Water North America-West, LLC. *
Item 1K - Page 7

Attachment B
Item 1K - Page 8

August 29, 2022
Andrew Crider, PE
Senior Civil Engineer
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Regarding: Needed Capital Project for pipe segment F10001-G10011 on Baristo Road Sewer main.

Dear Mr. Crider,

The purpose of this letter is to provide a proposal to the City of Palm Springs for a needed Capital Project for the 24-inch sewer main, pipe segment F10001-G10011 on Baristo Road. This pipe segment is deteriorated and likely to fail. Therefore, we would like to request a Needed Capital Project to install a CIPP UV liner. As you can see from the list below, Tunnelworks Services Inc. is the low bid and who we would hire to complete this job with the City’s Approval. We are considering this a Capital Projects and reference Section 5.3 Capital Projects form our Wastewater Services Agreement dated November 4, 2015 with the City of Palm Springs.

Vendor Proposals 15% Markup Total with markup

Tunnelworks
Services
$149,190.00 $22,378.50 $171,568.50
Lucas Builders $183,580.00 $27,537.00 $211,117.00
Sebastian Water
Works
$186,713.00 $28,006.95 $214,719.95

Section 5.3 Capital Projects from Wastewater Services Agreement dated November 4, 2015 states, in part:

5.3 (a) Defined. Capital Projects shall include a permanent physical expansion, addition or improvement to the Managed Assets, including the replacement of existing equipment or facilities with new or additional equipment or facilities as a result of old age, obsolescence or breakdown of such equipment or facility, which are (i) mutually agreed upon by the City and Veolia ("Agreed Capital Projects"); (ii) which are either directly as a result of a Change of Law or in order for the Treatment Facility to produce Effluent meeting the Effluent Specifications and result from (A) a Change of Law, (B) an Uncontrollable Circumstance, (C) actual or anticipated changes in Influent volumes and demands on the Managed Assets, or (D) repeated occurrences of Influent in volumes or concentrations that exceeds the Influent Specifications or that contains Abnormal Substances or Regulated Substances ("Needed Capital Projects"); or (iii) improve the efficiency, performance or reliability of the Managed Assets ("Desirable Capital Projects"). A Capital Project shall not include any Maintenance Work, as defined in Section 5.4, or any capital project initiated and implemented by the City associated with the generation of electricity by solar photovoltaic or equivalent technology at the Treatment Facility Site, (a "Solar PV Project") ; the City, in its sole discretion, may determine to construct the Solar PV Project which will require direct interconnection with the existing electrical system at the Treatment Facility, and Veolia shall reasonably accommodate, to the extent necessary, with the City, or its consultant or contractor, in the design and construction of a Solar PV Project. The area of the Treatment Facility Site reserved by City for its use for the Solar PV Project is identified on the map depicting the Treatment Facility Site identified on Schedule B.

G)veOUA
Item 1K - Page 9

(e) Notice. Veolia shall provide to City notice of any Needed Capital Project or Desirable Capital Project.

Veolia's notice shall state the category of Capital Project, as set forth at Section 5.3(a) above and whether the basis for the Capital Project is as a result of a Change of Law, an Uncontrollable Circumstance, an actual or anticipated change in Influent volumes and demands on the Managed Assets (and identify the specific asset affected), repeated occurrences of Influent in volumes or concentrations that exceeds the Influent Specifications or to improve the efficiency, performance or reliability of the Managed Assets. Veolia shall further provide City with a budget itemizing the anticipated costs of performing the Capital Project.

If you require any further information, please contact me at the facility.

Sincerely;

Ken Huntzinger

Assistant Project Manager
Veolia Water West Operating Services, Inc. / Palm Springs

Enclosure: Map, CCTV Report, and Proposals

Cc: Donn Uyeno, PE, Principal Engineer
Douglas Loar, Project Manager

G)veOUA
Item 1K - Page 10
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2381
2300
142
2015251
219
2223
160
285
238
2190
2141
2130
2007
1932
2211
2166
220
149
2235
175
2215
280
2183
1990
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2315
2282
2210
2029
2003
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1799 2236
2109
1900
1973
1962
2260
2001
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1940
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2005 2121
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BARISTO RD
SATURM
INO DR

PAVILION W
Y

CALLE LILETA

CALLE FELICIA

PASEO DE GRACIA

ARENAS RD

AVENIDA DE ELENORA

PASEO DE ROSETA

CERRITOS DR

ARENAS RD

ARENAS RD
F09065
G09009
F10047
F09061
F09001
F10045
G10013
G10015
F10041
F10059
F09063
F09077
F10063
F09059
F10007
F10003
F10055
F10061
F10005
F10039
G10011
G10019
F10001
G10017
F10043
G09001
G09005
F10009
G09003
G09007
Item 1K - Page 11
Rating

0.0 ft.0.0 ft.

Total length:

Depth DS:

Additional info:

Surveyed by:Weather:
558.4 ft.
24 in.

Height:

Street:City:

Palm Springs
Project name:

Start date/time:
9/14/2018 11:38 AM
C
Width:

F10001
SEPTEMBER, 2018
Shape:

BARISTO RD
Upstream MH No:

Mainline ID:

Downstream MH No:
1 F10001-G10011
RCP
Material:

Depth US:

Eric
G10011
Observations
Distance Length CodeDir. From/To Modifier Remarks
D0.0 ft. AMH/ F10001
D0.0 ft. MWL/
D 46.7 ft. HSV / 5
CUES, Inc.
3600 Rio Vista Avenue
Orlando, FL 32805
Phone: 407-849-0190
Fax: 407-425-1569

Page 1 of 3 ends

GraniteNet
Main Inspections Small Photos
-
Item 1K - Page 12
D 48.5 ft. SRP / 8 3
D 420.6 ft. H / 8 5
D 429.2 ft. H / 8 5
D 444.3 ft. H / 3
D 1080.1 ft. TB /
D 10204.2 ft. TBA /
D 3278.5 ft. H / 3
D 10300.0 ft. TB /
D 10420.3 ft. TB /
D 10504.6 ft. TB /
Rating
Observations
From/To CodeDistance RemarksModifierLengthDir.

Page 2 of 3 ends

-
-
-
--
-
-
Item 1K - Page 13
D 8548.1 ft. HSV / 5
D 4568.8 ft. SRP / 8 3
D584.2 ft. AMH/ END SURVEY
Inspection's photos
Rating
Observations
From/To CodeDistance RemarksModifierLengthDir.

Page 3 of 3 ends

-
-
Item 1K - Page 14

Tunnelworks Services Inc
Tunnelworks Services: CCTV, Cleaning & Trenchless Lining Pipeline Repair License No.: 963734-A
July 29, 2022
Veolia North America
Attn: Jose Lozano

Project Name: City of Palm Springs Emergency Repair
Subject: CIPP UV Lining – 24-inch Baristo Road

Scope of work:

Tunnelworks Services (Tws) is pleased to offer the following proposal to install full length UV GRP Liner inside fully deteriorated 24-inch sewer main from MH F10001 to G10011.Proposal includes Traffic Control, Bypass, Pre-Cleaning, UV CIPP Lining, Post Lateral Re-instatements & Post CCTV Inspection

TWS hereby propose to furnish all material and labor necessary for the completion of the following in accordance with project specification. The below items include all labor, standard traffic control, preparation of pipe segment for lining.

A Pan /tilt and push camera will be used as a combined effort to fully televise the Sewer pipeline. Televising will conform to Section 500-1.1.5 of the Standard Specifications for public works Construction (Green Book).

Estimate:

Item
No.

Description Quantity Unit Unit
Price
Extended Amount
1 Mobilization 1 LS $2,800 $2,800.00
2 Clean & CCTV Inspection 590 LF $11.50 $6,780.00
3 Install UV CIPP 24-inch Liner 590 LF $180 $106,200.00 4 Bypass Pumping Setup & Dismantle 1 LS $31,160 $31,160.00 5 Cut Robotically Lateral Connections 5 EA $450 $2,250.00 TOTAL $ 149,190.00

Assumptions:
• 1 mobilization
• Win-Can Software will be used for inspection reports and video capture (MPEG format). • Pre & Post CCTV will be provided.
• Dumpsite for debris disposal.
• City to allow a No- Fee Encroachment Permit.
• Bypass Pumping based off 1 week rental.

If you have any questions Please call me at (562)553-2734 or send email to [email protected].

References available upon request.

Respectfully,

Jeff Rubio

Jeff Rubio
Vice President

13502-H Whittier Blvd. Ste 165, Whittier, CA 90605 * (Phone) 562.201.4036 * (Fax) 562.309.4866 Email: [email protected]
T
Item 1K - Page 15

July 28, 2022

Mr. Jose Lozano
[email protected]
Veolia North Americe
Attn: Jose Lozano

Reference: City of Palm Springs Emergency Repair, CIPP UV Lining – 24”x 12mm – Baristo Road

Dear Veolia, North America,
Lucas Builders is pleased to offer the following proposal: Install 24x9mm CIPP using water inversion as outline below bid items.

Scope and Pricing

Conditions

1. MOBILIZATIONS: We will provide one mobilization and one demobilization. Each additional mobilization or demobilization will be charged at $4,000 each.

2. 12 HOUR Shift included.

3. BYPASS is included for 5 days only

4. TRAFFIC CONTROL, Furnishing and installing Traffic barricades by others.

5. ACCESSIBILITY and preparation of the work area will be the responsibility of the GC/Owner. All vegetation, debris, and existing structures - including buried foundations in way of construction to be removed, by others.

6. ADDITIONAL FEES, if it is required, permit fees, rapid gate passes, TWIC card or Railroad cards, any labor cost for safety orientation are required for our operator, or equipment, will be billed to the contractor.

7. STANDBY will be charged at actual cost with Green Book Markup and Blue Book rates for equipment. Project Manager will be billed at $120/hr. Equipment at full rate until demobilized and Labor including supervision at 4 hrs. min. show-up or 8 hours if over 4 hours per shift.

8. DELAY and impact shall also be charged at the full rate (less operator if no operator is delayed or impacted.) Bid Item Description Qty Unit Price Total
1 Mob 1 LS 4500 4,500.00$
2 Clean and CCTV 590 LF 17 10,030.00$
3 Install CIPP 24x9 mm Water Cure Line -Per Green Book Approve 590 LF 220 129,800.00$ 4 Bypass Pumping Mob 1 LS 5500 5,500.00$
5 Set up Bypass 1 LS 22500 22,500.00$
6 Run Bypass 1 LS 7500 7,500.00$
8 Cut Laterals 5 EA 750 3,750.00$
Total LS 183,580.00$
Lucas Bui ders, Inc.

Lie. 982296 A, B & C10
DIR 1000004271
Item 1K - Page 16

9. SCHEDULE: Our proposal is based on carrying out the work in an unobstructed manner during regular working hours (unless noted above), with one uninterrupted mobilization on the site. If overtime or holiday work is requested, you will be charged for the premium time over and above the normal rate

10. LIQUIDATED DAMAGES: Lucas Builders, Inc shall not be responsible for and excluded from any and all liability damages which may be assessed.

11. DELAY AND OBSTRUCTION: When Lucas Builders, Inc is impacted from the normal execution of contracted work per the schedule or submittals, the GC/Owner shall be liable for all impacts as delineated in this agreement, calculated using the Contingency Rates.

12. INSPECTION by others, testing by others

13. s

14. AC/CONCRETE removal by others unless included in our proposal.

15. STREET SWEEPER if need will be at $185/hr. portal to portal

16. BOND will be provided at 1%

PAYMENT TERMS

Project will be invoiced on a bi-monthly basis. Payment is due within 30 days of invoice date. Retainage is excluded unless approved above.

This proposal shall be made part of any contract covering this work. If you any questions in reference to above, please do not hesitate to call me at 310-291-975.. Our proposal is valid for 20 days from the above date.

Sincerely,
Lucas Builders, Inc.

Sam Silva,
President

Item 1K - Page 17
PROPOSED TO: JOB LOCATION: DATE:

Jose Lozano
Veolia North America
Email: [email protected]
Baristo Rd.

Palm Springs, CA
August 11, 2022

Sebastian Waterworks Inc. hereby submits to the Customer, specifications and estimates to:

Scope of work:
• Clean line and CCTV 590’ of 24” RCP / Bypass & Traffic control Included.

Includes:
• All labor and material needed to complete above scope of work.

Excludes
• Permits or fees of any kind
• Anything not listed above
• All unforeseen

Sebastian Waterworks Inc. hereby proposes to furnish only the labor and materials listed above, for the sum of; $186, 713.00 One Hundred Eighty-six thousand, seven hundred thirteen and no cents

Payments to be made as follows: 100% upon completion

When signed by Sebastian Waterworks Inc. and Customer, this document will constitute a firm and binding agreement between both parties hereto for all labor and materials, as stated above.

NOTE: Sebastian Waterworks Inc. may withdraw this proposal without notice, if this offer is not accepted within 30 days. Time is of the essence, and the life of this Proposal cannot be extended by any reli ance or action of Customer with out the prior written consent of Sebastian Waterworks Inc.

Sebastian Waterworks Inc.

Note: All unforeseen will be charged accordingly. Joe Diaz Authorized Signature

ACCEPTANCE OF PROPOSAL
The above Prices, Specifications and Conditions hereof are satisfactory and hereby accepted. Sebastian Waterworks Inc. is authorized to do the work as specified. Payment will be made as outlined above:

ACCEPTED

Date: __________________ Authorized by: _________________________________

Payment Guaranteed by: _________________________________

Item 1K - Page 18

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

APPROVE AN AGREEMENT WITH THE DRUG ENFORCEMENT ADMINISTRATION

TO PARTICIPATE IN PALM SPRINGS NARCOTICS TASK FORCE
RECOMMENDATION:

Approve Agreement No. A9275 with the Drug Enforcement Administration through September 30, 2026.

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

Attachments
Item 1L

CITY COUNCIL STAFF REPORT
DATE:

N OVEMBER 28, 2022 CONSENT CALENDAR
SUBJECT: APPROVE AN AGREEMENT WITH THE DRUG ENFORCEMENT

ADMINISTRATION TO PARTICIPATE IN PALM SPRINGS NARCOTICS

TASK FORCE
FROM: Teresa Gallavan, Interim City Manager
BY: Police Department
SUMMARY:

On Jun
e 18, 2003, City Council approved minute order #7324 which authorized the City of Palm Springs, through its P olice Department, to participate in the Palm Springs Narcotics Task Force (PSNTF). Staff is requesting Council approve a four -year agreement with the Drug Enforcement Administration, authorizing continued participation in the PSNTF.

RECOMMENDATION:
1) Approv
e Agreement No. A9275 with the Drug Enforcement Administration through September 30, 2026.
2) Authorize the Interim City Manager to execute all necessary documents.

STAFF ANALYSIS:

The Ci
ty of Palm Springs, through its Police Department, has been a member of the Palm Springs Narcotics Task Force (PSNTF) since its inception, and the task force is housed at the Police Department. The task force is under the supervision of a Drug Enforcement Administration supervisor and concentrates on major drug traffickers in the area. The unit has arrested major drug dealers , resulting in significant terms in federal prison and has recovered a large amount of property and currency that was awarded to the task force by a judge.

The Police Department supplies one officer to the task force and is responsible for supplying the officer with a vehicle and all necessary equipment.

Item 1L - Page 1
FISCAL IMPACT:

There is no additional cost to the General Fund, as this position is part of the authorized personnel for the Police Department. The Drug Enforcement Administration will reimburse the Palm Springs Police Department for overtime costs incurred by the assigned officer, up to the equivalent of 25% of a GS -12, Step 1, of the general pay scale for the r est of United States. By participating in the task force, the City has the ability to share in the proceeds from forfeited assets. These seizures fund the day-to-day operations of the task force, and excess assets may be distributed to member agencies. The Police Department uses seized funds to purchase equipment not budgeted for in the General Fund.

REVIEWED BY:

Department Director: Andrew G. Mills
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Drug Enforcement Administration Agreement

Item 1L - Page 2
"ATTACHMENT A"
Item 1L - Page 3

STATE AND LOCAL TASK FORCE AGREEMENT

BETWEEN

THE DRUG ENFORCEMENT ADMI NISTRATION

LOS ANGELES FIELD DIVISION
AND

THE CITY OF PALM SPRINGS, THROUGH ITS

POLICE DEPARTMENT

PROGRAM - FUNDED STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1st day of October, 2022,
bet ween the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA"), and the City of Palm Springs, through its Police Department # 0331100 (hereinafter "parent agency").

Th e DEA is authorized to enter into this cooperative agreement c oncerning the u seand abuse of controlled substances under the provisi o ns of 21 U.S . C. §873.

WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the Riverside/San Bernardino County area and that such illegal activity has a substantial and detrimental effect on the healt h and general welfare of the people of Riverside/San Bernardino County area, the parties hereto agree to the following:

1. Task Force Group 1 (Riverside) (hereinafter "Riverside Task Force") wil l perform the activities and duties described below:
a. d isrupt the illicit drug traffic in the Riverside/San Bern ardino County area by immobilizing targeted violators and traffic k ing organizations;
b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and
c. conduct undercover operations where appropriate and engage in o ther traditional methods of investigation in order that the Riverside Task Force's activities will result in effective prosecution bef o re the courts of the United States and the State of California.
2 . To accomplish the objectives of the Riverside Task Force , the par e nt agency agrees to detail one (1) experienced officer to the Ri vers i de Ta sk Force for a period of not less than two years. During this p eriod of assignment, the parent agency one (1) officer will be unde r t h e d irect supervision and control of DEA supervisory p ersonnel a s si gned to the Riverside Task Force.
3 . T he p a rent agency one (1) officer assigned to the Riverside Task Fo rce s h all adhere to DEA policies and procedures. Failure to a dhere Item 1L - Page 4
to DEA policies and procedures shall be grounds for dismissal from the Task Force.

4. The parent agency one (1) officer assigned to the Task Force shall be deputized as Task Force Officer of DEA pursuant to 21 U.S.C. 878.

5. To accomplish the objectives of the Riverside Task Force, DEA will assign two (2) Special Agents to the Riverside Task Force. The parent agency agrees to provide and maintain a vehicle for use for each of its assigned Task Force Officers. DEA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and parent agency one (1) officer assigned to the Riverside Task Force. This support will include: office space, office supplies, travel funds, funds for the purchase of evidence and information, investigative equipment,training, and other support items.

6. During the period of assignment to the Riverside Task Force, the parent agency will remain responsible for establishing the salary and benefits, including overtime, of the parent agency one (1) officer assigned to the Riverside Task Force, and for making all payments due them. DEA will, subject to availability of funds, reimburse the parent agency for overtime payments. Annual overtime for each state or local law enforcement officer is capped at the equivalent of 25% of a GS-12, Step 1, of the general pay scale for the r est of United States.

Reimbursement for all types of qualified expenses shall be contingent upon availability of funds and the submission of a proper request for reimbursement which shall be submitted monthly or quarterly on a fiscal year basis, and which provides the names of investigators who incurred overtime for DEA during the invoiced period, the number of overtime hours incurred, the hourly regular and overtime rates ineffect for each investigator, and the total cost for the invoicedperiod. The parent agency will bill overtime as it is performed andno later than60 days after the end of each quarter in which theovertime isperformed.

Note: Task Force O££icer' s overtime "shall not include any costs £or benefits, such as retirement, FICA, andother expenses.u

7. In no event will the parent agency charge any indirect cost rate to DEA for the administration or implementation of this agreement.

8. The parent agency shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on-site inspection and auditing of such records and accounts.

9. The parent agency shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States, and any of their duly authorized agents and representatives, any and all records, Item 1L - Page 5
documents, accounts, invoices, receipts or expenditures relating to this agreement. The parent agency shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved, or for a period of six (6) years after termination of this agreement, whichever is later.

10. The parent agency shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposedby or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts c, F, G,H and I.

11. The parent agency agrees that an authorized officer or employee will execute and return to DEA the attached OJP Form 4061/6, Certificati _on Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements. The parent agency acknowledges that this agreement will not take effectand no Federal funds will be awarded to the parent agency by DEA until the completed certification is received.

12. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing projects or programs funded in whole in part with Federal money, the parent agency shall clearly state: (1) the percentage of the total cost of the program or project which will be financed with Federal money and (2) the dollar amount of Federal funds for the project or program .

13. The term of this agreement shall be effective from the date in paragraph number one (1) until September 30, 2026. This agreement may be terminated by either party on thirty days' advance written notice.

DEA's support to the Riverside Task Force, including reimbursement of overtime, is subject to the availability of funds on a fiscal year basis (October 1 through September 30 of the next year). Billing for all outstanding obligations must be received by DEA within 60 days of the date of termination of this agreement. DEA will be responsible only for obligations incurred by parent agency during the term of this agreement on a fiscal year basis, subject to the availability of funds.

For the Drug Enforcement Administration:

Special Agent in Charge
Los Angeles Field Division
Date:

Palm Springs, through its Police Department:

Chief of Police
Date: ( o(~..31 Lo2,,L
Item 1L - Page 6
For the City of Palm Springs, through its Police Department:

Teresa Gallavan, Interim City Manager
APPROVAL AS TO FORM AND CONTENT: City of Palm Springs, a Municipal Corporation By:---------------
Name:
(City Attorney)
Date:

ATTACHMENTS:
(1) .OJPForm4061/6(3-91) :Certifications Regarding Lobbying; Debarment, Suspensions and Other Responsibility Matters; and Drug Free Workplace Requirements.
(2) .Roster of Local, State, or Federal Agency Personnel Assigned to the United States Drug Enforcement, Los .Angeles Field Division.

Item 1L - Page 7
U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS

OFFICE OF THE COMPTROLLER
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to detennine the certification to which they are required to attest. Applicants should also review the il'istructions for certification included in the regulations before completing this from. Signature of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying" and 28 CFR Paft 67, "Government-wide Department and Suspension {Nonprocurement) and Government-wide Requirements for Drug-Free Workplace {Grants)." The certifications shall be treated as a material representation of fact upon reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000; as delined at 28 CFR Part 89, the applicant certifies that:
(a) No Federal appropriate funds have been paid or will be paid, by or on behalf of the undersigned, to any person for in fluencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in con nection with the makin~ of any Federal grant1 the entering into of any cooperative a reemel"lt, and extens1oh, continuation, renewal, amendment, r modification of any Federal grant or cooperative agreement:
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or at tempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in conliection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standartl Form - LLL, ~Disclosure of Lobbying Activities,· in accordance with its instructions; le) The undersigned shall require that the language of this cer !if1cation be included in the award documents lor all subawards at all tiers (including subgrants, contracts unt1'1r grants and cooperative aareements, and subcontracts) and that all sub recipients shall" certify and disclose accordingly.

2. DEBARMEN.,!1, SUSPENSION, ANO OTHSFI

RESPONSIBILI I T MATTERS
(DIRECT RECIPIENT)
As required bY. Executive Order 12549 bebarment and
Suspension, ana implemented at 28 CFR Prt 87, for prospec tive participants in primary covered transactioni; as defined at 28 CFR Part 67, Section 67.51 0·
A. The applicant certifies that it and its principal~:
(a) Are not presently debarred, suspended, proposed for debar ment declared ineligible sentenced to a denial of Federal benelits by a State or Federal court, or voluntarilY. excluded from covered transactions by any Fedetal aepartment
or agency:
(b) Have not within a three-year period precedino this applica tion been convicted of or haa a civil judgment rendered against them for commission of fraud or a criminal offtinse in connec tion with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stol_en property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1 )(b) of this certification: and
Id) Have not within a three-year period preceding this applicaflon had one or more pubhc transactions (Federal, State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements In this certification, he or she shall attach an explanation to this application.

3. DRUG-FREE WORKPLACE
(GRANTEES OTHER THAN INDIVIDUALS)
As required by the Dru!l-'.Free Workplace Act of 1988, and implemented al 28 CFR -Part 67 , Subpart Fi. for grantees.,_ as delined at 28 CFR Part 67 Sections 67.o15 and 67.o20-
A. The applicant certifies that it will or will continue to provide a drug-free workplace by:
(a) Publishing a state'Tlet)t !')Otifying employees th~t the unlawful manufacture, d1stribut1on, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation ol such prohibition:
(bl Establishing an on-going drug-free awareness prograrp to inform employees about-
( 1) The dangers of drugs abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace:
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that mav. be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the state ment required by paragraph (a);
(d) NotifY.lng the employee in the statement required by paragraph {a) that, as a condition of employment under the granr. the employee will-
OJP FORM 4061/6 (3-91) REPLACES OJP FORMS 4061/2, 4062/3 AND 4061/4 WHICH ARE OBSOLETE .

Item 1L - Page 8
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar cfays after such conviction; (el Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (dl(2) from an employee or otherwise receiving actual notice Of such convic tion. Employers of convicted employees must P.tovide notice! including position title to: Department of Justice, Office o Justice 'Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Wasli1ngton< D.C. 20531. Notice shall include the iden tification number(s1 of each affected grant;
If) Taking one of the following actions, witl'lin 30 calendar clays of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted•
(1) Taking appropriate personnel action against such an employee, up to and including termination-' conllittent with the requirements of the Rehabilitaffon Act of 19,3, as amended; or (2) Reguiring such employee to participate satisfactorily in a drug acuse assistance or rehabilitation program approved for sucn purposes by a Federal, State, or local nealth, law enforce ment. or other appropriate agency:

Cg) Making a good faith effort to continue to maintain a drugfree workplace through implementation of paragraphs (a), (15), (c), (d), (eJ, and (f).

B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection wilh the specific grant
Place of Performance (Street address, city, cowntry, state, zip code)
Check O If there are workplace on file that are not identified here.

Section 67, 630 of the regulations provides that a grantee that is a State may elect to make one certification in each Federal fiscal year. A copy of which should be included with each ap plication for Department of Justice funding. States and State agencies may elect to use OJP Form 4061/7.

Check O if the State has elected to complete OJP Form
4061/7.

DRUG-FREE WORKPLACE
(GRANTEES WHO ARE INDIVIDUALS)
As required by the Drua-Free Workplace Act of 1988, and implemented al 28 CFR -Part 67, Subpart F, for grantees, as delined at 28 CFR Part 67; Sections 67.615 and 67.620-
A. As a condition of the grant I certify that I will not engage in the unlawful manufacture
1 oistribution, dispensing, posses
sion, or use of a control ed substance In cona1tion any activity with the grant; and
B. I f convinced of a criminal drug offense resulting from a violation occurring during the concfuct of any grant activify, I will report the conviction, in writing., within 10 calendar days of the conviction, to: Department ol Justice, Office of Justice Programs, ATTN: Control Desk, 633 Indiana Avenue, N.W., Washington, D.C. 20531.

As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. 1 . Grantee Name and Address:

Palm Springs Police Department
200 S. Civic Drive
Palm Springs, CA 92262

2. Application Number and/or Project Name
Riverside Task Force

4. Typed Name and Title of Authorized Represantative

5. 3. Grantee IASNendor Number

6. Date
Item 1L - Page 9

ROSTER OF LOCAL, STATE, OR FEDERAL

AGENCY PERSONNEL

ASSIGNED TO THE DEA TASK FORCE
Name of Agency: PALM SPRINGS POLICE

DEPARTMENT

1. Joseph Cook (TFI)
Attachment 2
Item 1L - Page 10

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC.

IN THE AMOUNT OF $363,789 FOR THE HIGH-INTENSITY ACTIVATED

CROSSWALK BEACON (HAWK) SIGNAL, RACQUET CLUB ROAD AND VIA MIRALESTE, CITY PROJECT NO. 21-12
RECOMMENDATION:

Award a construction contract to Elecnor Belco Electric, Inc. (Belco), in the amount of $363,789 for the HAWK signal on East Racquet Club Road at North Via Miraleste, City Project No. 21-12 (“the Project”).

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

2. Attachments
Item 1M

CITY COUNCIL STAFF REPORT

DATE: NOVEMBER 28, 2022 CONSENT CALENDAR

SUBJECT: AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC, INC. IN THE AMOUNT OF $363,789 FOR THE HIGH-

INTENSITY ACTIVATED CROSSWALK BEACON (HAWK) SIGNAL,
RACQUET CLUB ROAD AND VIA MIRALESTE, CITY PROJECT NO. 2 1- 12 FROM: Teresa Gallavan, Interim City Manager

BY: Engineering Services Department

SUMMARY:

Award of this contract will allow the City to proceed with the installation of a new High- Intensity Activated Crosswalk Beacon (HAWK) signal on East Racquet Club Road at North Via Miraleste, along with all associated hardscape improvements.

RECOMMENDATION:

1. Award a construction contract to Elecnor Belco Electric, Inc. (Belco), in the amount of $363,789 for the HAWK signal on East Racquet Club Road at North Via Miraleste, City Project No. 21-12 (“the Project”); and

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

BUSINESS PRINCIPAL DISCLOSURE:

Belco is a California corporation. The Public Integrity Disclosure Form is included as Attachment A.

BACKGROUND:

On February 1, 2021, a call for projects was published by the Riverside County Transportation Commission (RCTC) , who w as seeking applications for the Senate Bill 821 (SB 821) State Program to fund Bicycle and Pedestrian Facilities . The program’s
maximum funding request is $432,500 per application and $865,000 per jurisdiction. The City submitted two projects for consideration, a Class III Bicycle Route along Tamarisk, and a HAWK signal at Racquet Club/Via Miraleste as shown in Figure 1.

Item 1M - Page 1
On June 9, 2021, RCTC approved 15 projects for funding out of the 35 applications received. The Racquet Club/Via Miraleste HAWK Signal Project was selected as one of four in the Coachella Valley.

On July 22, 2021, City Council approved an agreement with RCTC which would pr ovide funding up to $168,500. The remaining costs above this amount would come from the capital project fund.

On December 7, 2021, a purchase order was issued to Albert A. Webb Associates (Webb) to provide design services. Over the course of the next eight months, Staff worked closely with Webb to produce the plans, specifications, and estimates (PS&E) needed to bid and construct the subject project. Engineering staff and Webb also coordinated with the Fire Department so the HAWK signal could be activated by Fire Station No. 3 when they are leaving for emergency calls.

On September 1, 2022, the City Council approv ed the PS&E and authorized putting the project out to bid.

FIGURE 1 – SITE VICINITY MAP

Item 1M - Page 2
STAFF ANALYSIS:

On September 20, 2022, Staff advertised the Project to plan rooms and through the procurement program, PlanetBids ™, to allow the submission of bids electronically. On September 22 and September 29, Staff advertised the Project for bids in The Desert Sun.

The contract documents were provided free of charge to prospective bidders.

On October 25, 2022, the Engineering Services Department received six (6) bids from the following contractors:

Company Location Bid Amount
Elecnor Belco Electric, Inc. Chino, CA $363,789.00
DBX, Inc. Temecula, CA $378,490.00
Select Electric, Inc. Vista, CA $395,951.00
Crosstown Electrical & Data, Inc. Palm Desert, CA $395,976.00 California Professional Engineering, Inc. La Puente, CA $411,359.00 Calpromax Engineering, Inc. Placentia, CA $447,300.00

Elecnor Belco Electric, Inc. (Belco) submitted the lowest responsive, responsible bid in the amount of $363,789. The engineer’s estimate for the Project at the time of approval was $300,000, not including inspections and staff time. Due to ongoing inflation and rising cost of labor and materials in the year between council approval and going to bid, an increased cost is reflected in the bid results.

Local Business Preference Compliance

Section 7.09.030 of the Palm Springs Municipal Code (“PSMC”), “Local Business Preference Program”, requires prime contractors to use efforts in good faith to sub- contract the supply of materials and equipment to local business enterprises and to sub- contract services to businesses whose work force resides within the Coachella Valley.

Belco is not considered a local business but has demonstrated sufficient evidence of good faith efforts to subcontract the supply of materials to local businesses.

Staff reviewed all bid documents submitted by the apparent low bidder and determined that Belco complies with the instructions to bidders and has submitted the lowest responsive and responsible bid. Staff recommends that the City Council approve the bid submitted by Belco. A copy of the agreement is included as Attachment B.

ENVIRONMENTAL ASSESSMENT
:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15301 “Existing Facilities”, Class 1 projects consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of existing or former use. Therefore, Staff has determined that the HAWK Signal, East Item 1M - Page 3
Racquet Club Road and North Via Miraleste, City Project No. 2 1-12, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This item aligns with City Council Priority “Community Infrastructure”, specifically 3A, Improve City Facilities.

FISCAL IMPACT
:

The project is partially funded with $168,500 from SB 821, Bicycle and Pedestrian Facilities Program. Staff requests an appropriation of $ 300,000 from Capital Fund Balance to cover the remaining construction funding needed for the project , as well as staff time and inspection services.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Public Integrity Disclosure
B. Agreement
Item 1M - Page 4

Attachment A
Item 1M - Page 5
Item 1M - Page 6
Item 1M - Page 7
Item 1M - Page 8
Item 1M - Page 9

Attachment B
Item 1M - Page 10
Revised 2.9.22 Page 1 of 5

AGREEMENT A____
(CONSTRUCTION CONTRACT)

THIS AGREEMENT made this day of , 2022, by and between the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of Ca lifornia, hereinafter designated as the City, and Elecnor Belco Electric, Inc
., a California corporation , hereinafter designated as the Contractor.

The City and the Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 -- THE WORK

For and in consideration of the payments and ag reements to be made and performed by City, Contractor agrees to furnish all materials and per form all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

HAWK PEDESTRIAN SIGNAL AT RACQUET CLUB AND VIA MIRALESTE CITY PROJECT NO. 21-12

The Work comprises of the inters ection of Racquet Club Road and Via Miraleste in the City of Palm Springs. The Work includes ADA ramp, curb, gutter, striping, and a new HAWK traffic signal at the intersection. Remo vals and reconstruction of existing ramp feat ures is included. The number of calendar days allotted is 90 days.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION

The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed. The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financia l loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specificati ons, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreem ent, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents. Liquidated damages may be deducted from progress payments due C ontractor, Project retention or may be collected directly from Contractor , or from Contractor's surety. These provisions for liquidated damages shall not prevent the Cit y, in case of Contractor's default, from terminating the Contractor.

Item 1M - Page 11
Revised 2.9.22 Page 2 of 5

ARTICLE 3 -- CONTRACT PRICE

The City shall pay the Contractor for the comp letion of the Work, in accordance with the Contract Documents, in current funds the Cont ract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the in itial contract award in accordance with the Contractor’s Bid Proposal is three hundred sixty-three thousand seven hundred eighty-nine dollars ($363,789).

Contractor agrees to receive and accept the pric es set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the ma nner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions enc ountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS

The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accept ed Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, Non- Collusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda numbers _0_ to _0_, inclusive, and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS

For and in consideration of th e payments and agreements to be made and performed by the City, the Contractor agrees to furnish all mate rials and perform all work required for the above stated project, and to fulfill all other obligations as set fo rth in the aforesaid Contract Documents.

City hereby agrees to employ, and does hereby employ, Contractor to provide the materials, complete the Work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the Contract Pric e herein identified, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.

ARTICLE 6 -- PAYMENT PROCEDURES

The Contractor shall submit Applications fo r Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

Item 1M - Page 12
Revised 2.9.22 Page 3 of 5

ARTICLE 7 -- NOTICES

All notices shall be in writing and either se rved by personal deliv ery or mailed to the other party. Written notice to t he Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice.

Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION

Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.

ARTICLE 9 -- PREVAILING WAGES

Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Re gulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor sha ll bear all risks of payment or non-payment of prevailing wages under California law, and Cont ractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, empl oyees, agents and volunteers, free and harmless from any claim or liability arising out of any fa ilure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically ack nowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Docu ments, including the requirement to furnish electronic certified payroll reco rds directly to the Labor Co mmissioner (via the Division of Labor Standards Enforcem ent), and shall pay the general prev ailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST

Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contra ctor enter into any agreement of any kind with any such officer or employee duri ng the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

ARTICLE 11--NON-DISCRIMINATION

In connection with its performance under this Ag reement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status , ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual or ientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”).

Item 1M - Page 13
Revised 2.9.22 Page 4 of 5

Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreemen t, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, dem otion or transfer; recruitmen t or recruitment advertising; layoff or termination; rates of pay or other forms of compensati on; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, in cluding without limitat ion the provision of benefits, relating to non-discrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS

Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned withou t such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assign ment, no assignment will rele ase or discharge the assignor from any duty or responsibility under the Contract Documents.

The City and the Cont ractor each binds itself, its partner s, successors, assigns, and legal representatives, to the other party hereto, its partners, successors, assigns, and legal representatives, in respect of all covenants, agreements, and obligations contained in the Contract Documents.

Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.

SIGNATURES ON NEXT PAGE
Item 1M - Page 14
Revised 2.9.22 Page 5 of 5

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND ELECNOR BELCO ELECTRIC, INC.

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

CONTRACTOR:

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

Date: Date:

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

By: ___________________________ By: _______________________________ City Attorney City Clerk

APPROVED:

By: _______________________________ Date:

Interim City Manager

Item 1M - Page 15

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2021-22
RECOMMENDATION:

Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2021-22.

Attachments
Item 1N

CITY COUNCIL STAFF REPORT

DATE: NOVEMBER 28, 2022 CONSENT CALENDAR

SUBJECT: PALM SPRINGS BOARD OF LIBRARY TRUSTEES ANNUAL REPORT FOR FISCAL YEAR 2021-22

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Library Services

SUMMARY:

The City Council will receive and file the Palm Springs Board of Library Trustees Annual Report.

RECOMMENDATION:

Receive and file the Palm Springs Board of Library Trustees Annual Report for Fiscal Year 2021-22.

BACKGROUND:

At their October 19, 202 2 meeting, the Palm Springs Board of Library Trustees unanimously approved the Annual Report for Fiscal Year 2021-22 . Pursuant to their Bylaws, the report is being submitted for City Council to receive and file.

REVIEWED BY:

Department Director: Jeannie Kays
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Library Annual Report 2021-22
======f===---=========--
Item 1N - Page 1

ATTACHMENT A

Item 1N - Page 2
L
2021-2022ANNUAL REPORT
jo, 1,'.· .~•rt
•
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; • ..
. '
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Palm Springs Public Library
City Librarian Jeannie Kays
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' -
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.... --~-- -___ ·'. . ~~ ... ·. ;-~',, :. . . ., . ---~ •\;. • ·.'' .,-~· ~ I - ~\ ~~ •
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On behalf of the Library Board of Trustees,
Friends of the Palm Springs Library, Palm
Springs Public Library Foundation, and Library
Staff, I present this Annual Report for Fiscal
Year 2021-22 . My team worked hard to
provide excellent service in changing times and
remain flexible in programming and service
options . We added new services like mobile
hotspots and the Zip Books program and
continued old favorites, like Summer Reading
Program, which you will read about later .

One of the "newer" services available is the ability to apply for a passport at the Library . Last year we helped 591 people apply for their passport.

Appointments are available if you need to get a new passport. Visit our website for details .

Through a grant from the California State Library, we added six new database services: Northstar Digital Literacy , Coursera, Linkedin Learning, Skill Share, GetSetUp , and LearningExpress. The services were supported in whole or in part by the U.S. Institute of Museum and Library Services under the provisions of the American Rescue Plan Act , administered in California by the State Librarian . Sharpen your skills or learn new skills through these and other online resources from the Library .

Looking forward, we were awarded a $6.5 million matching grant from the California State Library for infrastructure improvements. You will hear more about that project in the coming months as we start the design process for the renovation. The project is required to be completed by March 2026 . It will be here before you know it.

We are confident that you will find something for everyone on our website or inside the library. See you soon!
Jeannie Kays, Director of Library Services
LI

STATISTICS
AT-A-GLANCE:

MAIN LIBRARY
• Library Visits/Door Count: 82,591
• Materials Checked Out: 292,051
• Number of eBook Check-outs: 20,567
• Public Service Hours: 2,087
• New Library Cards Issued: 2,170
• Public Computer Sessions: 15,788
• Public Wi-Fi Sessions: 13,699
• Number of Virtual Programs: 68
• Virtual Program Attendance: 946
• Number of In-Person Programs: 69
• In-Person Program Attendance: 3,066
• Volunteer Hours: 1,373
• Number of Reference Questions: 10,422

WELWOOD MURRAY MEMORIAL LIBRARY
• Library Visits/Door Count: 24,052
• Public Service Hours: 2,698
• Public Computer Sessions: 2,861
• Public Wi-Fi Sessions: 1,327
PLEASE NOTE: We continue to see effects
from COVI D-19 impacting our numbers as
people were cautious to return in person.

Palm Springs Public Library
300 S. Sunrise Way, Palm Springs, CA 92262
760-322-READ (7323) www.pslibrary .org
Item 1N - Page 3
Summer Reading Combines Virtual and In Palm Springs Public Library Foundation
Continues Funding for
Mobile Hotspots
Person Programming
We continued with Beanstack, a
virtual system, for a third year for
registration and management, but
this year we added weekly in
person programming for each age
group. The theme was "Read
Beyond the Beaten Path" so
programs were themed around
exploration, discovery and
preparedness. Kids and Teens
checked in each week for free, new
books and adults earned a book
voucher to use at the Friends book
sale. Once again we tracked books
and minutes read and participants
earned badges and a chance to win
grand prizes generously provided
by the Friends of the Library, PS
Sustainability Commission, and
many local businesses and
organizations. At the finale, staff,
volunteers, administration and a
member of city council all
celebrated our accomplishments,
awarded the grand prizes, and had
treats to bring an end to the our
summer reading program.

Zip Books Are A Hit!
~ . . '. . • • . ' . . . . , . .
iRE!~!t~~ORG
SUMMER READING STATS:

TOTAL SIGN UPS: 538 (+43
from last year)
TOTAL BOOKS READ: 871
(Pre-K only)
TOTAL MINUTES READ:
129,348 (2,155 hours; youth+
teens+ adults)

TOTAL ONLINE BADGES
EARNED: 2,955
In April 2021, the Library
introduced Internet To Go, mobile
Hotspots to lend to those without
access to the Internet. Twelve
Hotspots were initially purchased
with funds from a grant awarded to
the Palm Springs Public Library
Foundation on behalf of the Library.

However, the demand was so great
and the hold list so long that it was
obvious that there was a need for
more Hotspots. The Library
Director applied for additional
grant funding from the State
Library, which we received and
more Hotspots were purchased.

This year the Foundation
unanimously voted to continue
funding the original twelve
Hotspots purchased for another
year and that, combined with
additional grants, have allowed the
Library to have 70 Hotspots
available to lend for up to two
weeks, free with a library card!
allows you to request a book that isn't currently in the Library's collection and have it mailed directly to your home from Amazon.

A new program, Zip Books, was
introduced in the Spring of 2022 and it
was an immediate hit with Library
users! Funded through a grant from the
California State Library, this program
Zip Books are checked out to you like any other library book. When you're done, simply return the item to the
library-where it will be checked in and made available for others to use! Because Zip Books is a user-driven program, the library collection becomes more closely matched to the needs of the local community, so it's a win-win for
everyone!
A Palm Springs Library card is required to utilize this program and the items, like other library items, are subject to loan time limits and other borrowing guidelines.

Item 1N - Page 4

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

AUTHORIZING ANNEXATION NO. 26 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
RECOMMENDATION:

Hold a Public Hearing on the matter.1.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 26, TRACT MAP NO. 37935, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A

SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO
QUALIFIED ELECTORS.

2. Conduct the Special Annexation Landowner Election.3.

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

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A

SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY

OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 26, Tract Map No. 37935, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).

4. Introduce an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF

SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 26, TRACT MAP NO. 37935 INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).

5. Attachments
Item 2A

CITY COUNCIL STAFF REPORT

DATE: NOVEMBER 28, 2022 PUBLIC HEARING

SUBJECT: AUTHORIZING ANNEXATION NO. 26 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)

FROM: Teresa Gallavan, Interim City Manager

BY: Engineering Division

SUMMARY:

The City Council previously established Community Facilities District 2005-1 (Public Safety Services) (CFD 2005-1) in October 2005, to levy a special tax on properties identified as “fee status” (non- Indian Allottee Leased or non -Tribal Trust properties) located within the City, to provide a financing mechanism to sustain the delivery of public safety services to new resid ential developments located on those properties . These actions authorize the annex ation of additional property identified as Annexation No. 26 (for Tract Map No. 37935).

RECOMMENDATION:

1. Hold a Public Hearing on the matter.

2. Adopt Resolution No. _____, “ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 26 , TRACT MAP NO. 37935 , INTO COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS.

3. Conduct the Special Annexation Landowner Election.

4. Adopt Resolution No. _____, “ A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A

SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF

PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 26, TRACT MAP NO. 37935, INTO COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SAFETY SERVICES).

Item 2A - Page 1
City Council Staff Report
November 28, 2022 -- Page 2
Authorizing Annexation No. 26 TM 37935 to CFD 2005-1

5. Introduce Ordinance No. _____, “AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL

TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY IDENTIFIED AS ANNEXATION NO. 26 , TRACT MAP NO. 37935 INTO COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC SAFETY SERVICES).

STAFF ANALYSIS:

The City Council created C ommunity Facilities District 2005-1 (Public Safety Services) (CFD 2005-1) to allow the City to levy a special tax on certain properties identified as “fee status” (non-Indian Allottee Leased or Tribal Trust properties) located within the City, to provide a financing mechanism to sustain the delivery of public safety services to new residential developments located on those properties . This type of financing program, which is authorized under the Mello- Roos Community Facilities Act of 1982, envisioned the participation of all future new residential development projects on “fee status” lands, either by formation of new districts or as an annexation into CFD 2005-1.

As new residential developments on “fee status” lands have been approved by the City, they are conditionally approved with a requirement to annex into CFD 2005-1. CFD 2005- 1 was specifically established separately from the City’s other district, Community Facilities District 2007-1 (Public Safety Services) (CFD 2007-1), for developments located on Indian Allottee Leased or Tribal Trust lands that cannot be annexed into the existing CFD 2005-1 due to their unique ownership status.

At this time, one residential development approved on “fee status” land is recommended for annexation into CFD 2005-1:

• Annexation No. 26 – Tract Map No. 37935, a residential development consisting of 45 multi-family condominiums located at 200 N. Belardo Drive.

The City Council previously adopted a Resolution declaring its intention to annex this property to CFD 2005 -1. That R esolution set forth terms and conditions for annexing property into CFD 2005-1 and included the rate and method of apportionment of the special tax to be levied. The Resolution also scheduled a Public Hearing on the proposed annexation for November 28, 2022.

Pursuant to the Mello- Roos Community Facilities Act of 1982, there are less than 12 registered voters on the property to be annexed into CFD 2005-1; therefore, the special election will be a landowner vote within the annexation. The owner of the property proposed to be annexed previously returned a petition with waivers to the City, waiving certain timing and noticing requirements related to E lection Code, which will enable the City to expedite the annexation process by conducting the special election immediately after the Public Hearing.

Item 2A - Page 2
City Council Staff Report
November 28, 2022 -- Page 3
Authorizing Annexation No. 26 TM 37935 to CFD 2005-1

The special tax currently being assessed on properties within CFD 2005-1 is based upon a Fiscal Impact Analysis that was prepared by MuniFinancial. Based on this analysis, the Fiscal Year 2022/23 special tax for a multi -family residence is $ 451.15 per year . The special tax is collected as part of the Riverside County annual property tax bill.

ENVIRONMENTAL ASSESSMENT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to authorize annexation of certain properties into CFD 2005-1, 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
:

Following annexation of the residential development into CFD 2005-1, after construction of the units (issuance of building permits), the special tax to be levied within the development will generate an additional $20,301.75 annually, based on the Fiscal Year 2022/23 rates, to be used specifically for public safety services.

REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Resolution Declaring Election Results
B. Resolution Authorizing Annexation
C. Ordinance
Item 2A - Page 3

Attachment A
Item 2A - Page 4
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, DECLARING THE

RESULTS OF A SPECIAL ANNEXATION LANDOWNER

ELECTION, DETERMINING VALIDITY OF PRIOR

PROCEEDINGS, AND DIRECTING THE RECORDING OF

AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR
ANNEXATION NO. 26 , TRACT MAP NO. 37935, INTO
COMMUNITY FACILITIES DIS TRICT NO. 2005-1 (PUBLIC
SAFETY SERVICES).

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:

SECTION 1.

The foregoing recitals are true and correct.

SECTION 2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this City Council, all as described in the Resolution entitled “A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy Item 2A - Page 5
Resolution No. ______

Page 2 ends

of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1, (Public Safety Services), Annexation No. 26, Tract Map No. 37935,” adopted by this City Council on October 17, 2022.

SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election.

SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this City Council may levy special taxes therein as heretofore provided in these proceedings.

SECTION 5. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District and the territory annexed thereto were valid and in conformity with the Act.

SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside, an Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.

SECTION 7. This Resolution shall take effect upon its adoption.

ADOPTED THIS 28th DAY OF NOVEMBER 2022.

TERESA GALLAVAN

INTERIM CITY MANAGER
ATTEST:
______

BRENDA PREE

CITY CLERK

Item 2A - Page 6
Resolution No. ______

Page 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby certify that Resolution No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on November 28 , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 28th day of November 2022.

____

BRENDA PREE

CITY CLERK

Item 2A - Page 7

EXHIBIT A

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 26
TRACT MAP NO. 37935

CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on November 28, 2022, I canvassed the returns of the election held on November 28, 2022, for the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 26, and the total number of votes cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:

Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Palm Springs Community
Facilities District No. 2005 -1 (Public
Safety Services) Annexation No. 26
Special Tax Election, November 28,
2022 __1__ _____ _____ _____

BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2005-1 (Public Safety Services) (the “CFD”), be authorized to annually levy a special tax within the territory identified as Annexation No. 26 to the CFD in accordance with th e rate and method of apportionment described in the Resolution of Intention adopted by the Council of the City of Palm Springs on October 17, 2022, and shall the annual appropriations limit of the CFD be established in an amount equal to the proceeds of the special tax collected annually?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON November 28, 2022.

By: __________________________

BRENDA PREE

CITY CLERK
Item 2A - Page 8

Attachment B
Item 2A - Page 9
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA, AUTHORIZING
ANNEXATION NO. 26 , TRACT MAP NO. 37935, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005 -1 (PUBLIC

SAFETY SERVICES), AUTHORIZING THE LEVY OF A

SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL
TAX TO QUALIFIED ELECTORS.

WHEREAS, under t he Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Palm Springs (the “City”) previously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (the “District”), and
WHEREAS, this City Council on October 17, 2022, adopted a Resolution entitled “A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1, (Public Safety Services), Annexation No. 26, Tract Map No. 37935” (“Resolution of Intention”) stating its intention to annex the territory to the District pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District, stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the servic es is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and
WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and
WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the existing District, or (iv) any of the owners of land in the territory proposed to be annexed to the District; and Item 2A - Page 10
Resolution No. ______

Page 2 ends

WHEREAS, Annexation Map No. 26 of the District has been filed with the County Recorder of the County of Riverside, which map shows the territory to be annexed in these proceedings and a copy of the map is on file with the City Clerk.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. All prior proceedings taken by this City Council with respect to the District and the proposed twen ty-third annexation of territory thereto have been duly considered and are hereby determined to be valid and in conformity with the Act and the District has been validly established pursuant to the Act.

SECTION 3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled “Annexation Map No. 26 of Community Facilities District No. 2005-1 (Public Safety Services),” on file with the City Clerk and heretofore recorded in the Riverside County Recorder’s Office on October 25, 2022, in Book 89 at Page 88 of Maps of Assessment and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided.

SECTION 4. The provisions of the Resolution of Intention are, by this reference incorporated herein, as if fully set forth herein.

SECTION 5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided.

SECTION 6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings .

Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District.

SECTION 7. This City Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the City Council immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that Item 2A - Page 11
Resolution No. ______

Page 3 ends

the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the District.

SECTION 8.

The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted, the election shall be closed.

SECTION 9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code.

SECTION 10. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the area to be annexed a ballot in the form set forth in Exhibit “A” hereto. The ballot indicated the number of votes to be voted by each landowner.

SECTION 11. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot . The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature, and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing City Council.

SECTION 12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.

SECTION 13. The City Clerk shall accept the ballots of the qualified electors in the City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked at said location on the election day by the qualified electors.

SECTION 14. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District . The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that, to the extent that the qualified elector submits its ballot, Item 2A - Page 12
Resolution No. ______

Page 4 ends

the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments and will have thereby been fully protected in these proceedings . This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election.

SECTION 15. This Resolution shall take effect upon its adoption.

ADOPTED THIS 28th DAY OF NOVEMBER 2022.

TERESA GALLAVAN

INTERIM CITY MANAGER
ATTEST:
______

BRENDA PREE

CITY CLERK

Item 2A - Page 13
Resolution No. ______

Page 5 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 28th day of November 2022.

____

BRENDA PREE

CITY CLERK

Item 2A - Page 14

EXHIBIT A

CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 26
TRACT MAP NO. 37935
This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on November 28, 2022, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262.

To vote, mark a cross (X) in the voting square after the word “YES” or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another.

The estimated maximum amount of money raised annually by this measure is expected to be $20,301.75 per year upon full build out of the CFD, based on the rate and duration of the special tax as set forth in the rate and method of apportionment of special taxes for the CFD.

BALLOT MEASURE : Shall the City of Palm
Springs, by and for its Community Facilities District
No. 2005-1 (Public Safety Services) (the “CFD”), be
authorized to annually levy a special tax within the
territory identified as Annexation No. 26 to the CFD in accordance with th e rate and method of
apportionment described in the Resolution of Intention
adopted by the Council of the City of Palm Springs on
October 17, 2022, and shall the annual appropriations
limit of the CFD be established in an amount equal to
the proceeds of the special tax collected annually?

YES: ______

NO: ______
By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure.

Number of Votes: 1
Property Owner: DTPS B3
Riverside County Assessor’s Parcel Number(s): 513-560-044

By: _________________________________________________
Item 2A - Page 15

Attachment C
Item 2A - Page 16
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE

LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES

DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 26 ,
TRACT MAP NO. 37935 INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).

WHEREAS, the City of Palm Springs (the “City”) has conducted proceedings pursuant to the “Mello- Roos Community Facilities Act of 1982”, being Chapter 2.5, Part

1. Division 2, Titl e 5 of the Government Code of the State of California (the “Act”) and the City of Palm Springs Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI of the Constitution of the State of California (the “CFD Ordinance”) (the Act and the CFD Ordinance may be referred to collectively as the “Community Facilities District Law”), to establish the City of Palm Springs Community Facilities District No. 200 5-1 (Public Safety Services) (the “District”) for the purpose of financing police services, fire protection and suppression services, and life safety services (the “Services”) as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is set forth in Exhibit B to the City Council Resolution entitled “A Resolution of the City Council of the City of Palm Springs, California, Forming and Establishing a Community Facilities District,” (the “Resolution of Formation” ), which was adopted on October 19, 2005; and
WHEREAS the City has conducted proceedings to annex territory into the District and, with respect to the proceedings, following an election of the qualified electors in the territory proposed for annexation ( the “A nnexation Territory”), the City Council, on November 28, 2022, adopted a Resolution entitled “A Resolution of the City Council of the City of Palm Springs, California, Declaring the Results of a Special Annexation Landowner Election, Determining Validity o f Prior Proc eedings, and Directing the Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 26, Tract Map No. 37935, into Community Facilities District No. 2005-1 (Public Safety Services).”

NOW THEREFORE, THE CITY COU NCIL OF THE CITY OF PALM SPRI NGS, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1.

The foregoing recitals are true and correct.

SECTION 2. By the passage of this Ordinance, the City Council hereby authorizes and levies the special tax within the D istrict, including the Annexation Territory, pursuant to the Community Facilities District Law, at the rate and in Item 2A - Page 17
Ordinance No. ______

Page 2 ends

accordance with the rate and method of apportionment of special tax set forth in the Resolution of Formation, which rate and method is by thi s reference in corporated herein. The special tax has previously been levied in the original territory of the District beginning in Fiscal Year 2006-07 pursuant to Ordinance No. 1677 passed and adopted by the City Council on November 2, 2005, and the special tax is hereby levied commencing in Fiscal Year 2022-23 in the District, including the Annexation Territory identified as Annexation No. 26, Tract Map No. 37935, and in each fiscal year thereafter to pay for the Services for the District and the costs of administering the District.

SECTION 3. The City’s Finance Director or designee or employee or consultant of the City is hereby authorized and directed each fiscal year to determine the specific special tax to be levied for the next ensuing fi scal year for each parcel of real property within the District, including the Annexation Territory, in the manner and as provided in the Resolution of Formation.

SECTION 4. Exemptions from the levy of the special tax shall be as provided in the Resolution of Formation and the applicable provisions of t he Community Facilities District Law. In no event shall the special tax be levied on any parcel within the District in excess of the maximum special tax specified in the Resolution of Formation.

SECTION 5. All of the collections of the special tax shall be use d as provided in the Community Facilities District Law and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City in administering the D istrict, and the costs of col lecting and administering the special tax.

SECTION 6. The special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority, and be subject to the same pen alties and the same procedure and sale i n cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The Finance Director of the C ity is hereby authorized and di rected to provide all necessary information to the auditor/tax collector of the County of Riverside in order to effect proper billing and collection of the special tax, so that the special tax shall be includ ed on the secured property tax roll of the Count y of Riverside for Fiscal Year 2022-23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City.

SECTION 7. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, including the Annexation Territory, by a court of competent jurisdiction, the balance of this Ordinance and the applicati on of the special tax to the remaining parcels within t he District, including the Annexation Territory, shall not be affected.

Item 2A - Page 18
Ordinance No. ______

Page 3 ends

SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published immediately after its passag e at least once in a newspaper of general circulation for the City.

SECTION 9. This Ordinance shall take effect 30 days from the date of final passage.

INTRODUCED ON THE 28th DAY OF NOVEMBER 2022, AND ADOPTED THIS 15th DAY OF DECEMBER 2022.

LISA MIDDLETON
MAYOR
ATTEST:
______

BRENDA PREE

CITY CLERK
Item 2A - Page 19
Ordinance No. ______

Page 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE , City Clerk of the City of Palm Springs, hereby certify that Ordinance No. _____ is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on December 15, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF , I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 15th day of December, 2022.

____

BRENDA PREE

CITY CLERK
Item 2A - Page 20

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

A REQUEST FOR AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER

92.00 RELATED TO ZONING REGULATIONS FOR CHILDCARE USES (CASE

5.1566 ZTA)
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 92.00 OF THE PALM SPRINGS ZONING CODE RELATED TO THE ZONING REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566 ZTA).”

2. Attachments
Item 2B

CITY COUNCIL STAFF REPORT
DATE: N
OVEMBER 28, 2022 PUBLIC HEARING
SUBJECT: A REQUEST FOR AMENDMENTS TO PALM SPRINGS ZONING CODE CHAPTER 92.00 RELATED TO ZONING REGULATIONS FOR
CHILDCARE USES (CASE 5.1566 ZTA)
FROM: Teresa Gallavan, Interim City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:

This
is a request for amendments to the zoning regulations pertaining to childcare facilities as contained in Palm Springs Zoning Code (PSZC) Chapter 92.00. The City Council has directed staff to review ways to eliminate barriers for the establishment of childcare businesses; one method to eliminate such barriers is through simplifying or eliminating entitlement requirements. The proposed amendments will revise the requirements for childcare operators to obtain Land Use Permits or Conditional Use Permits based on the zone district where the childcare facility will be located. The Planning Commission reviewed the draft ordinance at their meeting of October 26, 2022 and voted to recommend approval of the proposed amendments.

RECOMMENDATION:

1. Waiv
e the reading of the ordinance text in its entirety and read by title only; and

2. Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER

92.00 OF THE PALM SPRINGS ZONING CODE RELATED TO THE ZONING REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566 ZTA).”
BACKGROUND:

Related Relevant City Actions
03/24/22
The City Council adopted revisions to the definitions for childcare facilities to align with changes in state law as part of the annual zoning ordinance update (Case 5.1466 ZTA).

Item 2B - Page 1
-1
City Council Staff Report
November 28, 2022 -- Page 2
Case 5.1566 ZTA
Related Relevant City Actions
10/26/22
The Planning Commission considered the proposed ordinance at a noticed public hearing and voted 5-0-2 to recommend approval of the amendments to the City Council.

STAFF ANALYSIS:

T
he zoning code identifies three classifications of childcare uses in accordance with State law; they are defined as follows:
“
Child care center” means any establishment, activity or use of a site providing group day care services (less than twenty -four (24) hours) for children other than those residing on- site including a day nursery, play group, after-school group, pre-school group or kinder college. “
Day care, small” means regularly provided care and supervision of eight (8) or fewer children in the provider’s own home for periods of less than twenty-four (24) hours. The total number of children shall include those children under the age of ten (10) who reside at the home. “
Day care, large” means regularly provided care and supervision of nine (9) to fourteen (14) children, inclusive, in the provider’s own home including those children under the age of ten (10) who reside at the home.

T
he key difference between the Child Care Center classification and Day Care Small/Large classifications is that Day Care Small/Large is conducted in the home of the operator, and therefore is permitted solely in residential zone districts. Child Care Centers, on the other hand, may be located in either residential or commercial zone districts.

T
o reduce the zoning barriers to development of childcare uses, it is proposed that the requirements for Land Use Permits (LUP) and Conditional Use Permits (CUP) be downgraded or eliminated based on the zone district where the use is proposed to be located. This assists in removing barriers by reducing or eliminating application fees, which are currently $1,642 for an LUP application and $7,772 for a CUP Application ($6,970 application fee plus $802 for public notification costs). In addition, the elimination of a review process shortens the timeframe necessary for bringing facilities into operation, which in turn reduces carrying costs for operators.

T
he requirement for approval of an LUP or CUP application in certain zone districts provides staff and/or the Planning Commission the opportunity to review potential issues of childcare uses and impose conditions as needed. However, the California Department of Social Services, which licenses childcare facilities, reviews many of the same elements Item 2A - Page 2
City Council Staff Report
November 28, 2022 -- Page 3
Case 5.1566 ZTA

related to safety and capacity that Planning staff would evaluate as part of an entitlement review. These include the following:

• Childcare facilities must be inspected by the local fire department to verify that the facility meets life safety standards , and the operator must provide proof of inspection to the Department of Social Services.
• The Department of Social Services physically inspects the childcare facilities as part of the licensure process to verify compliance with State operational and safety requirements, with additional inspections performed on an annual basis. • The Department of Social Services must review any proposed modifications to the childcare facility, including room additions, conversion of existing space for childcare use, construction/installati on of new play equipment, and expansion of any playground area.
• Operators and staff members must pass criminal background checks. • The Department of Social Services reviews the quantity of staffing and capacity of the childcare facility.
• Operators and staff members must meet and maintain safety training requirements.

Based on the goal of reducing application costs and utilizing the state licensure and inspection process to address facility impacts and issues, it is proposed that entitlement requirements for childcare facilities be modified as indicated in the following tables.

Please note that the Childcare Center use will continue to be required to obtain a business license to operate in the City of Palm Springs; Planning staff will review business license applications to verify that Childcare Centers are located in the appropriate zone district.

Zoning Districts - Residential
Use R-1 R-G-A R-2 R-3 R-4 R-4-VP R-MHP
Childcare Center CUP1
LUP1
CUP1
LUP1
CUP
LUP
CUP
LUP
CUP
LUP
CUP
LUP P2
Daycare, Small P P P P P P P
Daycare, Large LUP

P P P P P P P
1must be located on a major/secondary thoroughfare
2if incidental to social/recreation centers serving park residents

Zoning Districts – Commercial and Industrial
Use P CBD CDN CSC C-1 C-2 C-M M-1-P O CU
Childcare Center LUP
P
LUP
P
LUP
P
LUP
P
LUP
P
LUP
P
CUP
P
LUP
P
LUP
P
Daycare, Small
Daycare, Large
Item 2A - Page 3
City Council Staff Report
November 28, 2022 -- Page 4
Case 5.1566 ZTA

Key to tables:

Text in black font = no change
Stricken text in red font = existing text to be deleted Underlined text in red font = proposed text to be added

Planning Commission Action:

The Planning Commission reviewed the proposed ordinance at a public hearing on October 26, 2022. The commissioners questioned the costs of the application types, permissible hours of operation, and requirements for outside play areas. Following discussion, the Planning Commission voted 5-0- 2 (absent: Hirschbein, Roberts) to recommend approval of the proposal to the City Council.

ENVIRONMENTAL ASSESSMENT
:

The proposed Zoning Text Amendment Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines.

ALIGNMENT WITH STRATEGIC PLANNING:

While the proposed ordinance does not align with specific City Council priorities, it will assist in improving the quality of life for residents by reducing barriers and improving access to childcare.

FISCAL IMPACT
:

None.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Ordinance
B. Planning Commission Minutes Excerpt – 10/26/22
Item 2A - Page 4

ATTACHMENT A

Item 2A - Page 5
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING CHAPTER 92.00 OF THE PALM

SPRINGS ZONING CODE RELATED TO THE ZONING
REQUIREMENTS FOR CHILDCARE USES (CASE 5.1566
ZTA).

City Attorney’s Summary
The proposed ordinance modifies the zoning requirements for childcare facilities as a means to reduce entitlement barriers and encourage the establishment of such facilities in the community.

A. The City of Palm Springs is a charter city organized pursuant to Article XI of the California Constitution and pursuant to the authority granted the City by Sections 5 and 7 of Article XI, the City has the power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs not in conflict with general laws and its own charter. Such police powers include without limitation the ability to adopt comprehensive zoning regulations and regulations upon the use of land and property within the City; and

B. Pursuant to Article XI, Section 7 of the California Constitution, the City of Palm Springs may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens ; and

C. Pursuant to Section 94.07.01 of the Palm Springs Zoning Code (PSZC), the Director of Planning Services is authorized to initiate proceedings and recommend amendments to the Zoning Code; and

D. On October 26, 2022, the Planning Commission conducted a duly noticed public hearing to consider Case No. 5.1566 ZTA, an ordinance amending the Zoning Code to an ordinance amending the Zoning Code to modify the zoning requirements for childcare facilities (the “Zoning Text Amendment”) and, by a ___ -___ vote, approved Resolution #_____ recommending approval of the Zoning Text Amendment to the City Council; and

E. Notice of a public hearing of the City Council of the City of Palm Springs to consider the Zoning Text Amendment was given in accordance with applicable law; and

F. On November 28, 2022 , a duly noticed public hearing on the proposed Zoning Text Amendment was held by the City Council in accordance with applicable law where, by a ___ to ___ vote, the City Council introduced and waived further reading of this Ordinance adopting the Zoning Text Amendment; and

Item 2A - Page 6
- -
Ordinance No. _____

Page 2 ends

G. The proposed Zoning Text Amendment Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the Zoning Text Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines. As projects are submitted and reviewed for compliance with this Zoning Text Amendment, the City will conduct CEQA review as required by law; and

H. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Zoning Text Amendment, including, but not limited to, the staff report, and all written and oral testimony presented; and

I. The City Council hereby finds that approval of the proposed Zoning Text Amendment would:

1. Reduce barriers to the establishment of childcare facilities in the City of Palm Springs; and

2. Maintain public health, safety and welfare by providing assessments of the proposed facilities and any associated impacts through the licensure process.

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

SECTION 1
. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Amend Section 92.01.01(A)(5) of the Palm Springs Zoning Code to revise the following use:

5. Day care, small or large, pursuant to Section 93.14.00 ;

SECTION 3
. Amend Section 92.01.01(C)(1) of the Palm Springs Zoning Code to revise the following use:

1. Day care, large, pursuant to Section 93.14.00
Childcare centers, provided
the subject site is located on a major or secondary thoroughfare;

SECTION 4
. Amend Section 92.01.01(D)(4) to eliminate the following use and renumber the list of uses accordingly:

4. Child care centers; provided, the subject site is located on a major or secondary thoroughfare;

Item 2A - Page 7
Ordinance No. _____

Page 3 ends

SECTION 5. Amend Section 92.02.01(A) to add the following use and renumber the list of uses accordingly:

5. Day care, small or large;

SECTION 6
. Amend Section 92.02.01 to add a new subsection (C), “Uses Permitted by Land Use Permit,” as follows and to renumber the following subsection accordingly:

C. Uses Permitted by Land Use Permit.

1. Childcare centers; provided the subject site is located on a major or secondary thoroughfare.

SECTION 7
. Rescind and replace Section 92.02.01(C) as follows:

C.D.

Uses Permitted by Conditional Use Permit.

The following uses may be permitted, subject to approval of a conditional use permit, as provided in Section 94.02.00
:

1. Public parks, recreational areas and public schools;

2. Private clubs, golf courses, tennis and swimming clubs;

3. Churches on sites of two (2) acres or more;

4. Off-site parking areas, not as an accessory to uses permitted in this zone. The property proposed for off -site parking shall abut a commercial zone or on an alley which is the boundary with such zone, and extend not more than one hundred fifty (150) feet from such boundary;

5. Assisted living facilities and convalescent homes, subject to the provisions of Section 94.02.00
(H)(7); and provided, property on
which such use is proposed is located one hundred fifty (150) feet from any R-1 zone district;

6. Resort hotels, on parcels not less than twenty (20) acres in area, subject to the requirements in Section 92.04.01
(A)(2);

7. Accessory buildings and uses customarily incident to the permitted uses listed above and located on the same lot therewith;

Item 2A - Page 8
Ordinance No. _____

Page 4 ends

8. Reserved;

9. Child care centers; provided, the subject site is located on a major or secondary thoroughfare;

10. Spas as an accessory use to a hotel subject to the following standards:

a. For hotels with under fifty (50) rooms, the facility is to serve hotel guests only. Facilities located in hotels with more than fifty (50) rooms and located on a major thoroughfare may be permitted to serve clients who are not hotel guests,

b. The hotel has a minimum of fifteen (15) guest rooms,

c. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34
of the Municipal
Code,

d. Such facility shall comply with Chapter 5.34
of the Municipal
Code.

SECTION 8. Amend Section 92.03.01(A) to revise the following use:

8. Day care, small or large, pursuant to Section 93.14.00 ;

SECTION 9. Amend Section 92.03.01 to add a new subsection (C), “Uses Permitted by Land Use Permit,” as follows and to renumber the following subsection accordingly:

C. Uses Permitted by Land Use Permit.

1. Childcare centers.

SECTION 10. Rescind and replace Section 92.03.01(C) as follows:

D. Uses Permitted by Conditional Use Permit.

The following uses may be permitted subject to approval of a conditional use permit, as provided in Section 94.02.00
.

1. Reserved;

2. 1. Assisted living facilities and convalescent homes, subject to the provisions of Section 94.02.00(H)(7);
Item 2A - Page 9
Ordinance No. _____

Page 5 ends

3. Child care centers;

4.2. Churches;

5. 3. Country clubs, golf courses, tennis and swimming clubs;

6. 4. Hospitals;

7. 5. Hotels in which more than ten (10) percent of the guest rooms contain kitchen facilities;

8. 6. Private education institutions;

9. 7. Professional offices, provided:

a. The subject site must be located fronting on a major thoroughfare as indicated on the city’s general plan,

b. The only allowable sign shall be an identification sign for the building complex, with public convenience signs as
necessary,

c. All development standards of Section 92.08.03
can be met;

10. 8. Off-site parking areas, not as an accessory to uses permitted in this zone. The property proposed for off -site parking use shall abut a commercial zone or on an alley which is the boundary with such zone, and extends not more than one hundred fifty (150) feet from the boundary;

11. 9. Public parks and recreation areas at locations indicated on the general plan;

12. 10. Public schools at locations indicated on the general plan;

13. 11. Restaurants, incidental or accessory to a hotel use, operated primarily for the convenience of guests, and occupying not more than twenty (20) percent of the gross floor area of the hotel buildings;

14. 12. Spas as an accessory use to a hotel subject to the following standards:

a. For hotels with under fifty (50) rooms, the facility is to serve hotel guests only. Facilities located in hotels with more than Item 2A - Page 10
Ordinance No. _____

Page 6 ends

fifty (50) rooms and located on a major thoroughfare may be permitted to serve clients who are not hotel guests.

b. The hotel has a minimum of fifteen (15) guest rooms.

c. Staff shall be licensed and trained in the particular programs provided in accordance with Chapter 5.34
of the Municipal
Code.

d. Such facility shall comply with Chapter 5.34
of the Municipal
Code.

15. 13. Time-share and condominium hotel projects subject to the provisions of Section 93.23.11 and 93.23.12; provided, the subject site must be located fronting on a major or secondary thoroughfare as indicated on the city’s general plan.

SECTION 11. Amend Section 92.04.01(A) to revise the following use:

8. Day care, small or large, pursuant to Section 93.14.00 ;

SECTION 12. Amend Section 92.04.01(C) to add the following use:

3. Childcare centers.

SECTION 13. Amend Section 92.04.01(D) to eliminate the following use and renumber the list of uses accordingly:

3. Child care centers;

SECTION 14. Amend Section 92.05.01(A) to revise the following use:

7. Day care, small or large, pursuant to Section 93.14.00 ;

SECTION 15. Amend Section 92.05.01(C) to add the following use:

3. Childcare centers;

SECTION 16. Amend Section 92.05.01(D)(4) to eliminate the following use and to renumber the list of uses accordingly:

d. Child care center;

SECTION 17. Amend Section 92.07.01(A) to revise the following use:

Item 2A - Page 11
Ordinance No. _____

Page 7 ends

8. Day care, small or large, pursuant to Section 93.14.00;

SECTION 18. Amend Section 92.08.01(A) to add the following use and to renumber the list of uses accordingly:

5. Childcare centers;

SECTION 19. Amend Section 92.08.01(C) to eliminate the following use and to renumber the list of uses accordingly:

2. Child care center;

SECTION 20. Amend Section 92.09.01(A) to add the following use and to renumber the list of uses accordingly:

5. Childcare centers;

SECTION 21. Amend Section 92.09.01(C)(1) to eliminate the following use and to renumber the list of uses accordingly:

d. Child care centers;

SECTION 22. Amend Section 92.010.01(A) to add the following use and to renumber the list of uses accordingly:

10. Childcare centers;

SECTION 23. Amend Section 92.10.01(C) to eliminate the following use and to renumber the list of uses accordingly:

4. Child care centers;

SECTION 24. Amend Section 92.012.01(A) to add the following use and to renumber the list of uses accordingly:

19. Childcare centers;

SECTION 25. Amend Section 92.12.01(C)(1) to eliminate the following use and to renumber the list of uses accordingly:

f. Child care centers;

SECTION 26. Amend Section 92.13.01(A)(2) to add the following use and to renumber the list of uses accordingly:

Item 2A - Page 12
Ordinance No. _____

Page 8 ends

n. Childcare centers;

SECTION 27. Amend Section 92.13.01(C)(1) to eliminate the following use and to renumber the list of uses accordingly:

c. Childcare centers;

SECTION 28. Amend Section 92.14.01(C)(1) to eliminate the following use and to renumber the list of uses accordingly:

e. Child care centers;

SECTION 29. Amend Section 92.015.01(A) to add the following use and to renumber the list of uses accordingly:

14. Childcare centers;

SECTION 30. Amend Section 92.15.01(C) to eliminate the following use and to renumber the list of uses accordingly:

9. Child care centers;

SECTION 31. Amend Section 92.16.01(A)(3) to add the following use and to renumber the list of uses accordingly:

h. Childcare centers;

SECTION 32. Amend Section 92.16.01(C) to eliminate the following use and to renumber the list of uses accordingly:

1. Child care centers;

SECTION 33. Amend Section 92.21.01(A) to add the following use and to renumber the list of uses accordingly:

3. Childcare centers;

SECTION 34. Amend Section 92.21.01(C) to eliminate the following use and to renumber the list of uses accordingly:

1. Child care centers;

SECTION 35. Amend Section 92.23.01(A) to add the following use and to renumber the list of uses accordingly:

Item 2A - Page 13
Ordinance No. _____

Page 9 ends

2. Childcare centers;

SECTION 36. Amend Section 92.23.01 to eliminate subsection C as follows and to renumber the following subsections accordingly:

C. Uses Permitted by Land Use Permit.

1. Child care center.

SECTION 37. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 38. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines

SECTION 39. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

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

LISA MIDDLETON
MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK

Item 2A - Page 14
Ordinance No. _____

Page 10 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 2A - Page 15

ATTACHMENT B

Item 2A - Page 16
Item 2A - Page 17

EXCERPTS
OF

MINUTES
At
the
Planning
Commission
meeting
of
the
City
of
Palm
Springs,
held
October
26,
2022,
the
Planning
Commission
took
the
following
action:
2B.

CITY
OF
PALM

SPRINGS

REQUEST
FOR

AMENDMENTS
TO
THE
PALM

SPRINGS
ZONING
CODE,

CHAPTER

92.00,

RELATED
TO
ZONING

REGULATIONS
FOR

CHILDCARE
USES
(CASE

5.1566
ZTA).
(FF)
Planning
Director
Hadwin
provided
an
overview
on
the
proposed
amendment
for
childcare
uses
as
outlined
in
the
staff
report.

In
response
to
Commissioner
Ervin,
Mr.

Hadwin
addressed
the
fees
associated
child/daycare
uses
for
a
Land
Use
Permit
versus
a
Conditional
Use
Permit.

Commissioner
Miller
questioned
if the
City
has
any
regulations
for
childcare
for
outdoor
play
area
and/or
hours
of
operation.

Mr.

Hadwin
responded
they
refer
to
the
State
allowance
for these
items
and
the
Building
Department
for
safety
and
building
elements.

Commissioner
Aylaian
thinks
this
would
be
beneficial
to
the
community
and
made
a
motion
of
approval.

Motion:

Aylaian,
seconded
by
Miller
to
recommend
approval
to
the
City
Council
and
carried
5-0-2
on
a
roll
call
vote.

I,
TERRI
HINTZ,
Administrative
Coordinator
for
the
City
of
Palm
Springs,
hereby
certify
that
the
above
action
was
taken
by
Planning
Commission
of
the
City
of
Palm
Springs
on
the
26 th
of
October,
2022,
by
the
following
vote:

AYES:

AYLAIAN,
ERVIN,

MILLER,

MORUZZI,

WEREMIUK
ABSENT:

HIRSCHBEIN,

ROBERTS
~~ Terri
Hintz
_j;
Administrative
Coordinator

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

CONDUCT SECOND READING (ADOPTION) OF AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS, AND

TERMINATING THE MORATORIUM CURRENTLY IN PLACE REGARDING THE

PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES RECOMMENDATION:

Conduct a second reading (adopt) an Ordinance entitled, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS, AND TERMINATING THE

MORATORIUM CURRENTLY IN PLACE REGARDING THE PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES.”

Attachments
Item 3A

CITY COUNCIL STAFF REPORT

DATE: NOVEMBER 28, 2022 BUSINESS & LEGISLATIVE

SUBJECT: CONDUCT SECOND READING (ADOPTION) OF AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION

RENTALS, AND TERMINATING THE MORATORIUM CURRENTLY IN

PLACE REGARDING THE PROCESSING AND ISSUANCE OF

VACATION RENTAL CERTIFICATES

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Special Program Compliance

SUMMARY:

At the November 10, 2022 meeting, the City Council considered a number of proposed revisions to the City’s Vacation Rental ordinance. Following the receipt of public comment and Council deliberation, the Council introduced an ordinance amending the City’s Vacation Rental ordinance. The ordinance also terminates the existing moratorium on the processing of applications, and issuance of permits, for vacation rentals.

This agenda item provides the City Council with the opportunity to consider a second reading (i.e., the adoption) of the ordinance that was introduced at the November 10, 2022 Council meeting.

RECOMMENDATION:

Conduct a second reading (adopt) Ordinance No.______, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 5.25 REGARDING VACATION RENTALS, AND

TERMINATING THE MORATORIUM CURRENTLY IN PLACE REGARDING THE PROCESSING AND ISSUANCE OF VACATION RENTAL CERTIFICATES.”

BACKGROUND:

At the October 17, 2022 City Council meeting, the Council directed the City staff and City Attorney to bring back an ordinance for consideration that addressed the following issues:

• Neighborhood-based caps on vacation rentals;
Item 3A - Page 1
City Council Staff Report
November 28, 2022 -- Page 2
Vacation Rental Ordinance (Second Reading)

• Requirements for owner-occupation of vacation rental properties; • An additional category of VR permits for those owners who wish to rent fewer than thirty-six times per year (aka “Junior Permits”);
• Grandfathering (or Grandparenting) in of some of these new regulations; • Interplay of Vacation Rentals and Event Houses;
• Clarification of consequences of failure to pay transient occupancy tax (TOT); • Further defining the “incidental” use of residences; and • Regular review of VR ordinance regulations.

At the October 17 City Council meeting, the Council also paused the processing and issuance of VR permits, pending further direction regarding vacation rental regulations.

STAFF ANALYSIS:

The accompanying ordinance addresses the issues agreed to by the City Council at its November 10, 2022 Council meeting. Each issue is addressed, in turn, below.

Neighborhood-Based Caps

The accompanying ordinance establishes a cap on the number of Vacation Rental Registration Certificates that can be issued, based on the percentage of those certificates that are issued in a particular Neighborhood in relation to the number of total dwelling units within that Neighborhood.

Under the ordinance, a “Neighborhood” is one of the City’s officially recognized Neighborhoods. For those areas within the City that are not currently located within an officially recognized neighborhood, the ordinance permits the City Council to determine, by resolution, which areas that the City will recognize as a “neighborhood”, for purposes of vacation rental regulations only.

The ordinance provides a cap of twenty percent (20%) of all residential dwelling units located within a particular Neighborhood. The ordinance would also allow this percentage to be modified, from time to time, by City Council resolution.

The Neighborhood-based cap would not affect any existing certificates that have already been issued by the City , even in Neighborhoods that exceed the percentage cap.

However, the Cit y would not, under the ordinance, issue any additional VR certificates within that Neighborhood, unless and until the number of permits is lower than the percentage cap. If and when that happens, permits would be issued based on a “first in time, first in right” basis, based on the date that complete applications were submitted to the City.

Item 3A - Page 2
City Council Staff Report
November 28, 2022 -- Page 3
Vacation Rental Ordinance (Second Reading)

Junior Permits

At the October 17 City Council meeting, the City Council directed staff and City Attorney to come up with a separate category of vacation rental permits for those property owners who do not wish to rent their residences as many times as is currently aut horized in Chapter 5.25. As such, a “junior” permit category is provided for in the accompanying ordinance.

A “junior” VR permit is one that authorizes fewer annual Contracts and for which a lower registration fee is to be paid. The ordinance provides a cap of six (6) Contract stays per calendar year for such “junior” VR permits. These junior permits are also not counted toward the Neighborhood Percentage or subject to the Neighborhood Percentage Cap.

Notably, all other regulations of vacation rentals, including application requirements, operational requirements, TOT obligations, and penalties for violations, would apply to properties with these junior permits.

The ordinance also allows for a reduced registration fee for such “junior” VR certificates, based on the reduced regulatory costs associated with less intense rentals of these properties. The exact amount of such registration fees would be brought back to Council for adoption by resolution.

Grandfathering (Grandparenting)

The ordinance allows for existing permittees to operate under the current ordinance’s annual 36-Contract cap for a defined period of time, after which that cap is reduced to 24.

Specifically, the ordinance defines an “existing permittee” as any property for which a VR permit has been issued, or for which a complete application has been filed with the City, on or before October 17, 2022. A “new” permittee, by contrast, is one for which a complete application for a Vacation Rental Registration Certificate was filed with t he City before October 17, 2022.

The ordinance caps existing permittees at thirty-six (36) Contracts for two (2) years, i.e., until December 31, 2024. After January 1, 2025, existing permitte es will be limited to twenty-four (24 ) Contracts per calendar year. New permittees will be subject to the ordinance’s twenty -four (24) Contract per year cap immediately. As discussed at the ordinance’s first reading, the Third Quarter distinction has been removed from these numerical limits.

Vacation Rentals and Event Houses

The accompanying ordinance recognizes that Vacation Rentals (including any Junior Vacation Rentals) can also be used as an Event House; but the ordinance provides that each “event” will be counted toward the numerical limitations on annual Contracts.

Item 3A - Page 3
City Council Staff Report
November 28, 2022 -- Page 4
Vacation Rental Ordinance (Second Reading)

Failure to Pay Transient Occupancy Tax (TOT)

Under the accompanying ordinance, if a person who operates a Vacation Rental does not pay the applicable transient occupancy tax after written notice to do so, that violation will result in a suspension of their vacation rental registration for twelve (12) months.

“Incidental” Use of Residences

One of the primary issues involved in the City’s regulation of vacation rentals is the concept that vacation rentals of residential properties is, and should be, considered an incidental use of that residence. Specifically, the City’s current vacation rent al ordinance provides that a person cannot maintain any financial interest in more than one vacation rental property. For this purpose, the City’s current ordinance provides that a financial interest includes both “legal and beneficial ownership, as well a s any arrangement that provides for receipt of any portion of the revenues generated by the Vacation Rental.”

The City has received at least one request, by a married couple, to allow two (2) residential properties to be registered as vacation rentals.

In the City staff’s opinion, the ownership and operation of two (2) residential properties by a married couple (or a couple in a domestic partnership) is inconsistent with the concept of “incidental” use of that residence.

As such, the accompanying ordinance clarifies the rule prohibiting any financial interest in more than one (1) vacation rental, by declaring that a person will be deemed to have a financial interest in a vacation rental that is owned by his or her spouse or registered domestic partner, regardless of any pre- or post- nuptial agreements to the contrary.

Regular Review of VR Ordinance Regulations

Finally, the ordinance provides that the City Council will review its vacation rental regulations no later than two (2) years from the November 10, 2022 Council meeting.

Moratorium

The accompanying ordinance would end the temporary pause on the processing and issuance of vacation rental permits, which was adopted by the Council on October 17, 2022.

ENVIRONMENTAL ASSESSMENT
:

This Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a "project," as that Item 3A - Page 4
City Council Staff Report
November 28, 2022 -- Page 5
Vacation Rental Ordinance (Second Reading)

term is defined in Section 15378 of the State Guidelines. In addition, the City Council also determines this Ordinance consists of regulations intended to ensure that the incidental short term rental use of residential property remains an ancillary and secondary use of residential property in the City and thereby preserve the residential character of the City's single
- f
amily and multi-family neighborhoods as identified in the City's adopted General Plan, and its concomitant Environmental Impact Report. Thus, to the extent there is any environmental impact from the adoption of this Ordinance, the City Council finds that the Environmental Impact Report for the adopted General Plan is the controlling environmental document.

A
LIGNMENT WITH STRATEGIC PLANNING:

This action is alignment with the City Council’s adopted Strategic Plan, Item 1E – Neighborhood Issues, which calls for a review of the City’s vacation program.

FISCAL IMPACT:

This action is not likely to have a significant fiscal impact on the City.

REVIEWED BY:

Department Director: Veronica Goedhart
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Vacation Rental Ordinance
Item 3A - Page 5
Chapter 5.25 VACATION RENTALS

5.25.010 Title.

5.25.020 Findings.

5.25.030 Definitions.

5.25.040 Registration Certificate Required.

5.25.045 Caps on Certificates based on Neighborhood.

5.25.050 Agency.

5.25.060 Vacation Rental Registration Requirements.

5.25.070 Operational Requirements and Standard Conditions.

5.25.075 Specific Prohibitions.

5.25.078 Homesharing Authorization.

5.25.080 Audit.

5.25.085 Disclosure of Business Entities, Limited Liability Companies, and Personal or Family Trusts.

5.25.090 Violations.

5.25.100 Requirements Not Exclusive.

5.25.010 Title.

This Chapter shall be referred to as the “Vacation Rental Ordinance.”

5.25.020 Findings.

The City Council finds and determines as follows:
(a) The primary use of single-family and multi-family dwelling units in the City of Palm Springs is the provision of permanent housing for full time and part time residents of the City who live and/or work in the City. Vacation Rentals and Homesharing are not uses specifically recognized in the City’s Zoning Ordinance, nor are these uses expressly identified as uses permitted in single-family or multi-family zones. Vacation Rentals and Homesharing are similar in character and use as hotels and other commercial short term uses and can only be permitted in single-family or multi-family zones if such uses are ancillary and secondary to the residential use of property. This Ordinance confirms Vacation Rentals and Homesharing are only allowed as ancillary and secondary uses of residential property in the City. (b) The purpose of this Chapter is to establish a regulatory program for Vacation Rental and Homesharing lodging, with appropriate standards that regulate vacation rental of residential property, minimize adverse effects of vacation rental uses on surrounding residential neighborhoods, ensure that vacation rentals and homesharing are ancillary and secondary uses of residential property consistent with the provisions of the City’s Zoning Ordinance, preserve the character of neighborhoods in which Vacation Rental and Homesharing uses occur, and provide an administrative procedure to preserve existing visitor serving opportunities and increase and enhance public access to areas of the City and other visitor destinations.

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(c) Limiting Vacation Rental and Homesharing lodging to single-family dwelling units subject to the regulations provided in this Chapter and prohibiting Vacation Rental and Homesharing lodging in apartments will safeguard, preserve, and protect residential housing stock in the City.
(d) The adoption of a comprehensive code to regulate issuance of, and attach conditions to, Registration Certificates for Vacation Rental and Homesharing lodging within single-family residential neighborhoods and the related use of residential property preserves the public health, safety, and welfare. This Chapter provides a permitting process and imposes operational requirements consistent with the ancillary and secondary status of Vacation Rentals and Homesharing, for the purpose of minimizing the potential adverse impacts of transient uses on residential neighborhoods. A vacation rental registration certificate is a privilege; not a right.

Furthermore, vacation rental registration certificates may be revoked or not renewed based on non-compliance with the requirements of this Chapter.
(e) This Chapter is not intended to regulate hotels, motels, inns, time-share units, or non-vacation type rental arrangements including, but not limited to, lodging houses, rooming houses, convalescent homes, rest homes, halfway homes, or rehabilitation homes.

5.25.030 Definitions.

For purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:
“Apartment” means (a) a residential unit in a multi-family development of two (2) dwelling units where both dwelling units are rented or leased for occupancy as a residence for individual families, and (b) a residential unit in a multi-family development of three (3) or more dwelling units.
“Applicant” means the Owner.
“Bedroom” means an area of a Vacation Rental normally occupied and being heated or cooled by any equipment for human habitation, which is 120 square feet and greater in size, consists of four walls to the ceiling, at least one of which is located along an exterior wall with a window, and contains a built-in closet.
“Business Entity” means a corporation, partnership, or other legal entity that is not a natural person or a personal or family trust. or aIn addition, the following shall not be considered a “business entity” under this Chapter: any partnership, limited liability partnership, or limited liability company consisting solely of natural persons, the number of whom does not exceed four (4).
“Change of Property Ownership” means the transfer of title from one person to another.
“Cluster or Compound” means any two or more Vacation Rentals that operate on a unified or shared basis where residents of such Vacation Rentals have exclusive access to more Item 3A - Page 7
than one Vacation Rental and/or the facilities of such Vacation Rentals, including by way of example, a swimming pool, tennis court, or cooking facilities. “Contract” means an agreement or evidence of any tenancy that allows or provides for the vacation rental of property.
“Daytime occupancy” means the hours between 10:00 am and 10:00 pm. “Daytime occupants” mean the guests who may occupy a Vacation Rental during a daytime occupancy.
“Enforcement Official” means the City Manager, the Police Chief, the Fire Marshall, the Building Official, or one or more of their respective designees. “Existing Permittee” means a property for which a Vacation Rental Registration Certificate has been issued, or for which a complete application has been filed with the City, on or before October 17, 2022.
“Exclusive listing arrangement” means a written agreement between an Owner and an agent or representative where the agent or representative has the sole and exclusive right to rent or lease a Vacation Rental unit to any person and the Owner is prohibited from renting or leasing the Vacation Rental unit except through the Owner’s agent or representative. “Estate Home” means a single family dwelling with five or more bedrooms. “Good cause” for the purposes of denial, suspension, revocation, imposition of conditions, renewal, and reinstatement of a Vacation Rental Registration Certificate, means (1) the Applicant, Owner, the Owner’s Agent, or the Local Contact Person has failed to comply with any of the terms, conditions, or provisions of this Chapter or any relevant provision of this Code, State law, or any rule or regulation promulgated thereunder; (2) the Applicant, Owner, Owner’s Agent, or Local Contact Person has failed to comply with any special conditions that were placed upon the Vacation Rental Registration Certificate by the Enforcement Official; or (3) the Vacation Rental has been operated in a manner that adversely affects the public health or welfare or the safety of the immediate neighborhood in which the Vacation Rental is located. “Good Neighbor Brochure” means a document prepared by the Enforcement Official that summarizes general rules of conduct, consideration, and respect, including without limitation provisions of the Palm Springs Municipal Code applicable to or expected of guests to the City.
“Homeshare Interest” means a portion of an Owner’s home that is subject to homesharing as provided in this Chapter.
“Homesharing” means an activity whereby the Owner hosts visitors in the Owner’s home, for compensation, for periods of twenty-eight (28) consecutive days or less, while the Owner lives on-site and in the home, throughout the visitor’s stay. “Hotline” means the telephonic service operated by or for the City for the purpose of receiving complaints regarding the operation of any Vacation Rental and the forwarding of Item 3A - Page 8
such complaints to the appropriate city enforcement officials or, if applicable, the Local Contact Person. For the purposes of this Chapter, the term “Hotline” also includes any contact in person or by telephone, email, and digital or electronic communication, or correspondence of any kind to and/or from any Enforcement Official.
“Junior Vacation Rental Registration Certificate ” means a Vacation Rental Certificate authorizing fewer annual Contracts and for which a lower registration fee shall be charged.
“Local contact person” means the Owner, a local property manager, or agent of the Owner, who is available twenty-four hours per day, seven days per week for the purpose of responding in-person within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental, or any agent of the Owner authorized by the Owner to take remedial action and who responds to any violation of this code. “Neighborhood” means a City-recognized neighborhood, as set forth in Palm Springs Municipal Code Chapter 2.55 (Office of Neighborhoods). For those areas within the City that are not located within a City-recognized Neighborhood, the City Council may, by ordinance or resolution, determine that, for purposes of this Chapter only, such area is contained in a particular City-recognized Neighborhood, or the City Council may recognize, for purposes of this Chapter only, a new Neighborhood.
“New Permittee” means a property for which a complete application for a Vacation Rental Registration Certificate was filed with the City after October 17, 2022. “Owner” means the natural person or persons who is/are the owner of record of the Property. The term “Owner” also includes a personal or family trust consisting solely of natural persons and the trustees of such trust or a limited liability company and the members of any partnership, limited liability partnership, or limited liability company consisting solely of natural persons, the number of whom does not exceed four (4)such company, insofar so long as the disclosure requirements pursuant to Section 5.25.085 are satisfied. The term “Owner” does not include a Business Entity.
“Property” means a residential legal lot of record on which a Vacation Rental is located.
“Rental Term” means the period of time a Responsible Person rents or leases a Vacation Rental.
“Responsible Person” means an occupant of a Vacation Rental who is at least twenty-five (25) years of age and who shall be legally responsible for compliance of all occupants of the unit and/or their guests with all provisions of this Chapter and/or this code. “Third Quarter” means the entire months of July, August, and September in one calendar year.
“Vacation Rental” means a single-family dwelling, or any portion thereof, utilized for occupancy for dwelling, lodging, or sleeping purposes without the Owner being present for a Item 3A - Page 9
period of twenty-eight (28) consecutive days or less, other than ongoing month-to-month tenancy granted to the same renter for the same unit, occupancy of a time-share basis, or a condominium hotel as defined in Section 91.00.10 of this Code. The term “vacation rental” is synonymous with “short term rental” and “transient use” and does not include homesharing. “Vacation Rental Registration Certificate” or “Registration Certificate” means the annual permit and/or a registration for a Vacation Rental or a Homeshare Interest issued by the City pursuant to this Chapter.
“VR Neighborhood Per centage” means a percentage derived by dividing the total number of residential dwelling units within a Neighborhood that have been issued a Vacation Rental Registration Certificate (not counting any Junior Vacation Rental Registration Certificates) by the total number of residential dwelling units within that Neighborhood, and multiplying that quotient by one hundred (100).
“VR Neighborhood Percentage Cap” means the maximum VR Neighborhood Percentage allowed by the City Council in each Neighborhood. The VR Neighborhood Percentage Cap is set at twenty percent (20%). This VR Neighborhood Percentage Cap may be adjusted by the City Council by ordinance or resolution.

5.25.040 Registration Certificate Required.
(a) The operation of a Vacation Rental or a Homeshare Interest without a Vacation Rental Registration Certificate is prohibited.
(b) A Vacation Rental Registration Certificate shall not be issued to any Business Entity other than a limited liability company. A natural person, partnership, limited liability partnership, or limited liability company that does not qualify as a “Business Entity”limited liability company, or personal or family trust shall not maintain any financial interest in more than one Vacation Rental. For this purpose, financial interest includes both legal and beneficial ownership as well as any arrangement that provides for receipt of any portion of the revenues generated by the Vacation Rental. For purposes of this section, a person shall be deemed to have a financial interest in any Vacation Rental that is owned by his or her spouse or registered domestic partner, regardless of the terms of any contractual arrangement, such as any transmutation (i.e., pre- or post- nuptial) agreement. An Owner shall only be issued, and can only maintain, one Vacation Rental Registration Certificate at any time. (c) The provisions of Subsection (b) of this Section shall not apply to or be enforced against any Owner who operates a Vacation Rental pursuant to a valid Vacation Rental Registration Certificate issued prior to January 10, 2017 and shall only apply to each specific Vacation Rental owned by such Owner as of January 10, 2017 and only so long as such Owner for each Vacation Rental complies with the provisions of this Code. The purpose of this exception is to afford current owners of vacation rental property a reasonable opportunity to recoup costs reasonably invested for vacation rental use and which may not have been recouped during the period of vacation rental use and which cannot be recouped once the vacation rental use is terminated.

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(d) Each Owner of a Vacation Rental who rents, exchanges, trades, gifts, or grants such Vacation Rental for a period of twenty-eight (28) consecutive days or less shall fully comply with all provisions of this Chapter related to the use and occupancy of a Vacation Rental, and the operational requirements, provided in this Chapter. Each rental, exchange, trade, gift, and grant of a stay of less than twenty-eight (28) days shall count as one Contract. (e) No Owner of residential property in the City shall rent any Homeshare Interest for a period of twenty-eight consecutive days or less without a valid Rental Registration Certificate for Homesharing pursuant to this Chapter for such Homesharing Interest. (f) A copy of the current Registration Certificate as issued by the City and the maximum number of guests allowed on the premises shall be displayed in a clear and legible manner in a conspicuous and easily accessible location in the unit and on all advertising related to each Vacation Rental or Homesharing Interest, including without limitation, web based advertising, hosting platform, print media, and television. (g) The issuance and or renewal of a Registration Certificate shall be deemed evidence that the holder of such Registration Certificate has registered a vacation rental property with the City and that the holder acknowledges the holder’s obligation to comply with all provisions of this Chapter and the Code. The issuance of a Registration Certificate shall not be construed as bestowing or granting any vested right or entitlement.

5.25.045 Caps on Certificates based on Neighborhood.

The City shall not issue any new Vacation Rental Registration Certificate, other than Junior Vacation Rental Registration Certificates, in any Neighborhood in which the VR Neighborhood Percentage Cap has been exceeded or would, with the issuance of any such Certificate, be exceeded. In the event the VR Neighborhood Percentage Gap has been exceeded for a particular Neighborhood, and additional complete applications are on file with the City for Vacation Rental Registration Certificates within that Neighborhood, if and when the VR Neighborhood Percentage falls below the applicable VR Neighborhood Percentage Cap for that Neighborhood, any additional Certificates for that Neighborhood shall be issued in order of the date on which complete applications were filed with the City (i.e., on a “first in time, first in right” basis).

5.25.050 Agency.
(a) An Owner may retain an agent with an exclusive listing arrangement or a representative to assist in the compliance with the requirements of this Chapter, including, without limitation, the filing of a complete Vacation Rental registration the management of the Vacation Rental unit or units, and compliance with the requirements of this Chapter including the collection and payment to the City of all transient occupancy taxes due and payable on the Vacation Rental unit. The Owner and any such agent or representative of Owner must have the authority to evict any tenant, resident, or guest permitted to reside at the Vacation Rental for violation of any provision of this Chapter or regulation thereof. Except as provided in Subsection (b) of this Section and notwithstanding any agency relationships between an Owner and an agent or representative, the Owner of the Vacation Rental unit or units shall execute all applications Item 3A - Page 11
and documentary requirements as provided in this Chapter and shall remain responsible for compliance with the provisions of this Chapter. The failure of an agent to comply with this Chapter shall not relieve the Owner of the Owner’s obligations under the provisions of this Chapter.
(b) In the event an Owner enters into an exclusive listing arrangement, the Vacation Rental registration certificate may be secured, and the transient occupancy registration certificate requirements provided in this Chapter may be performed, by the agent or representative and not by the Owner; however, the agent or representative shall separately account all revenues and costs on a per property basis, including without limitation transient occupancy taxes and the gross rent amounts used to calculate such taxes.

5.25.060 Vacation Rental Registration Requirements.
(a) Prior to use of a property as a Vacation Rental, and annually thereafter, the applicant shall register the property as a Vacation Rental with the City on a registration form furnished by or acceptable to the Enforcement Official and signed by the applicant under penalty of perjury. Each application shall contain the following information:
(1) The name, address, and telephone number of the Owner of the unit for which the Vacation Rental registration certificate is to be issued. The name, address and telephone numbers of any other natural persons, limited liability companies or personal or family trusts that hold any financial interests in the Vacation Rental as well as copies of legal documents creating such financial interests.
(2) The name, address, and telephone number of the exclusive listing agent, if any, of the Owner of the unit.
(3) The name, address, and twenty-four-hour telephone number of the Local Contact Person and verification that the Local Contact Person can respond in-person to the site of the Vacation Rental within thirty (30) minutes. The Local Contact Person may only use the address of the Vacation Rental if the Local Contact Person will be present at the unit for the duration of each Contract.
(4) The address of the residential property proposed to be used as a Vacation Rental. (5) The number of bedrooms and the applicable overnight and daytime occupancy limit of the unit consistent with the provisions of Section 5.25.070 (c). (6) Evidence of a valid business license issued by the City for the separate business of operating Vacation Rentals or submission of a certificate that Owner is exempt or otherwise not covered by the City’s Business Tax Ordinance (Division II, Title 3 of the Palm Springs Municipal Code) for such activity.
(67) Evidence of a valid transient occupancy registration certificate issued by the City for the Vacation Rental unit.

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(88) Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a Vacation Rental.
(109) Executed indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Palm Springs, the City Council of the City of Palm Springs, individually and collectively, and the City of Palm Springs representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of Owner’s actions or inaction in the operation, occupancy, use, and/or maintenance of the Property.
(1110) Evidence of insurance coverage as required under Section 5.25.070(t) of this Chapter.
(1211) Completion of building, fire, and safety inspection and completion of any corrections identified by an Enforcement Official. Such inspections shall include a review of the premises for compliance with the operational requirements of this Chapter, including without limitation determining the total number of qualified bedrooms. (1312) Written acknowledgement in a form approved by the Enforcement Official that there are no covenants or other deed restrictions on the property that prohibit or limit the use of the property as a Vacation Rental. The Enforcement Official may accept a written consent from the governing board of a homeowners’ association with jurisdiction over the property in satisfaction of this requirement.
(1413) Such other information as the Enforcement Official deems reasonably necessary to administer this Chapter.
(b) The registration of a Vacation Rental shall be accompanied by a fee established by resolution of the City Council; provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. (c) A Vacation Rental registration certificate shall be denied if a registration certificate for the same unit and issued to the same Owner has previously been revoked pursuant to Section

5.25.090. The denial of a registration certificate for any reason may be appealed in accordance with to the provisions of Chapter 2.50 of the Municipal Code. (d) Upon Change of Property Ownership, the Registration Certificate shall expire and the property shall not be used as a Vacation Rental until the new or successor Owner is issued a Vacation Registration Certificate for the property. The provisions of Section 5.25.040(b) shall be applicable to any such new or successor Owner. In the event of a change in agent or the occurrence of any other material fact set forth in the annual registration, a new registration for a Vacation Rental shall be required to continue operation of the Vacation Rental and within seven days of said change the Owner or his or her exclusive listing agent shall submit the required registration and fee.

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(e) The Owner or his or her exclusive listing agent shall cancel the Vacation Rental Registration Certificate within seven (7) days of the date the Vacation Rental is sold or otherwise disposed of or after an event that results in the unit no longer in use as a Vacation Rental. (f) Each applicant for a Registration Certificate, including without limitation the Owner and the Owner’s agent and/or representative, shall annually attend and/or participate in an educational program devised and administered by the City Manager for the purpose of training applicants for vacation rental registration certificates, or renewals thereof, on their respective roles and responsibilities in the successful administration and compliance with the City’s Vacation Rental program. Each applicant shall annually take a test prepared and administered by the City Manager regarding each applicant’s role and responsibilities in the Vacation Rental Program and Registration Certificates will not be issued or renewed until the applicant has successfully passed such test.

5.25.070 Operational Requirements and Standard Conditions. (a) The Owner shall use reasonably prudent business property ownership/management practices to ensure that the Vacation Rental unit complies with all applicable codes regarding fire, building and safety, health and safety, and all other relevant laws. (b) For New Permittees, on and after the effective date of this ordinance, no more than twenty four (24) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year. For Existing Permittees, nNo more than thirty-six (36) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year, subject to reduction in such numbers on and after January 1, 2025. For any property for which a Junior Vacation Rental Registration Certificate has been issued, no more than six (6) Contracts for Vacation Rental use of that property shall be allowed or provided in any calendar year. A Contract includes any occupancy of a property subject to a Vacation Rental registration certificate by persons other than the Owner when the Owner is not present during such occupancy, regardless of whether compensation is paid for such occupancy or whether occupancy is evidenced in an agreement or document.
(i) In the event the number of fully executed and enforceable Contracts for a Vacation Rental of a property for calendar year 2017 exceed the Contract limitations provided above as of February 15, 2017, such limitations shall not apply; however, no new or additional Contracts for such property shall be allowed for calendar year 2017.
(ii) For the first year a Vacation Registration Certificate is in effect, the thirty-four (34) contract limit shall be prorated based on the number of months that elapse prior to the subsequent calendar year.
(iii) For Existing Permittees, the thirty-six (36) Contract limitation above shall be reduced to twenty-four (24), on January 1, 2025. For New Permittees, on and after the effective date of this ordinance, no more than twenty four (24) Contracts for Vacation Rental use of a property shall be allowed or provided in any calendar year. (iv) Notwithstanding the restrictions imposed by this Subparagraph, the Owner at the time an application or renewal is submitted can designate and file with the Enforcement Official Item 3A - Page 14
the names of up to five (5) persons who may occupy the Vacation Rental unit at no cost and without requiring the presence of the Owner on the premises of the Vacation Rental. Each such occupancy shall fully comply with all other provisions of this Chapter, including, without limitation, the requirement to submit a Contract summary prior to each applicable occupancy, as set forth in Section 5.25.070(h).
(c) The Owner shall limit overnight occupancy of the Vacation Rental unit to a specific number of occupants, with the maximum number of occupants as no more than two (2) persons per bedroom within each Vacation Rental unit and a maximum of no more than eight (8) persons total within the Vacation Rental unit, except that Owner may allow up to two (2) minor children, age 12 or under, to occupy the Vacation Rental in addition to the maximum number of occupants otherwise provided in this Subsection. The number of bedrooms in a Vacation Rental shall be verified by the Enforcement Official using County Assessor and/or City Building records and/or a physical inspection of the premises, prior to the issuance of a Registration Certificate. The Owner may also allow up to four (4) daytime occupants in addition to the total number of guests allowed for overnight occupancy pursuant to this Subsection. No more than one (1) automobile per bedroom shall be allowed for each Vacation Rental. Advertising and/or renting one or more Vacation Rentals as part of a cluster or compound is prohibited. (d) The Owner of an Estate Home shall be exempt from the limitations of Subsection (c) of this Section for up to two (2) additional bedrooms for housing to accommodate no more than two (2) persons for each additional bedroom approved pursuant to the Exemption up to a maximum of twelve (12) guests and up to two (2) minors age twelve (12) and under. (e) During the Rental Term each Vacation Rental unit is rented, the Owner, his or her agent, and/or the Local Contact Person designated by the Owner, after being contacted by the Enforcement Official, shall be available twenty-four hours per day, seven days per week, for the purpose of (1) responding by telephone within fifteen (15) minutes of complaints from or through the Hotline and (2) responding in-person within thirty (30) minutes to any additional or successive complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental.
(f) The Owner shall use reasonably prudent business property ownership/management practices to ensure that the occupants and/or guests of the Vacation Rental unit do not create unreasonable noise disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law.
(g) Notwithstanding the provisions of Section 11.74.043, any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall be conducted within a fully enclosed Vacation Rental unit and shall not be audible at the property line of the Vacation Rental. (h) Prior to occupancy pursuant to each separate occasion of rental of a Vacation Rental, the Owner or the Owner’s agent or representative shall enter into a written Contract with a Responsible Person where (1) the Responsible Person will provide the Responsible Person’s name, age, address, and a copy of a government issued identification; (2) establishes and sets out the terms and conditions of the Contract, including without limitation occupancy limits, noise Item 3A - Page 15
prohibitions, and vehicle parking requirements; (3) requires the Responsible Person to acknowledge and agree that he or she is legally responsible for compliance of all occupants of the Vacation Rental or their guests with all provisions of this Chapter and/or the Municipal Code; (4) the Owner or the Owner’s Agent provides a copy of the “Good Neighbor Brochure” to the Responsible Person; (5) the Responsible Person provides a list of all guests by name; and (6) the Responsible Person provides a list of all guests’ vehicles, including license plate numbers.

Each Contract shall be maintained by the Owner or the Owner’s Agent for a minimum of four (4) years and shall be readily available for inspection upon request of the Enforcement Official.

A summary or abstract of the written Contract, in a form approved by the Enforcement Official, shall be filed with the Enforcement Official prior to each applicable occupancy, in a manner approved by the Enforcement Official, and shall be posted in a conspicuous location on the Vacation Rental property and shall be made available on site at the request of an Enforcement Official.
(i) The Enforcement Official shall be the first responder and have primary responsibility for the enforcement of this Chapter. In the event the Enforcement Official notifies the Owner, or his or her agent, the Owner, or his or her agent, that the responsible person, including any occupant and/or guest of the Vacation Rental unit, has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of provisions of the Municipal Code or any state law, shall promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct by those occupants or guests, and evict one or more of the guests when requested by the Enforcement Official. For the purpose of this Subsection and Subsection (j) below, the phrase “in a timely and appropriate manner” shall mean in-person contact within thirty (30) minutes for any call from the Enforcement Official (j) Failure of the Owner or his or her agent to respond to calls or complaints regarding the condition, operation, or conduct of occupants of the Vacation Rental in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this Chapter. It is not intended that an Owner, agent, or Local Contact Person act as a peace officer or place himself or herself in an at-risk situation.
(k) Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the collectors and between the hours of five a.m. and eight p.m. on scheduled trash collection days. The Owner of the Vacation Rental unit shall use reasonably prudent business property ownership/management practices to ensure compliance with all the provisions of Chapter 6.04 of the Municipal Code (Waste Disposal and Diversion), and shall provide “walk-in service” or as may otherwise be approved by the Enforcement Official.
(l) All home repairs (external and internal), garden and yard maintenance, and pool cleaning and maintenance shall not be performed between the hours of 5:00 pm on Friday through 8:00 am on Monday, except in the case of an emergency or the occurrence of an unexpected event that reasonable warrants a timely or immediate response. Repairs and maintenance shall not be scheduled in advance to occur during the days and time specified in this subsection.

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(m) The Owner or the Owner’s agent or representative shall meet the Responsible Party in person at the Vacation Rental or the Owner’s or Owner’s agent’s office prior to, or within twenty-four (24) hours of, the commencement of the occupancy and verbally explain and describe all rules and regulations applicable to the use of the property as a Vacation Rental and the responsibilities of the Responsible Party to the neighbors and the City as well as the Owner.

The Owner shall secure the signature of the Responsible Party and all adult guests to a statement of rules and regulations prepared by the City Manager prior to or within twenty-four (24) hours of the arrival of the guest at the Vacation Rental.
(n) The Owner of the Vacation Rental unit shall post a copy of the Registration Certificate and a copy of the conditions set forth in this Section, including all rules and regulations applicable to the use of the property as a Vacation Rental, on the inside of the front door and the primary door to the backyard or in a conspicuous location near each such door. (o) The Owner shall provide each occupant of a Vacation Rental with the following information prior to occupancy of the unit and/or post such information in a conspicuous place within the unit:
(1) The name of the managing agency, agent, rental manager, Local Contact Person, or Owner of the unit, and a telephone number at which that party may be reached on a twenty- four-hour basis;
(2) The maximum number of occupants permitted to stay in the unit; (3) The trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash or refuse on the exterior of the property; (4) Notification that any radio receiver, musical instrument, phonograph, loudspeaker, sound amplifier, or any machine or device for the producing or reproducing of any sound shall only be operated within a fully enclosed Vacation Rental unit and shall not be audible at the property line of the Vacation Rental;
(5) Notification that the occupant may be cited or fined by the City and/or immediately evicted by the Owner pursuant to state law, in addition to any other remedies available at law, for creating a disturbance or for violating any provision of this Chapter; (6) Notification that failure to conform to the occupancy requirements of the Vacation Rental unit is a violation of this Chapter;
(7) A copy of this Chapter of the Palm Springs Municipal Code, as may be amended from time to time.
(p) The use of a Vacation Rental unit shall not violate any applicable conditions, covenants, or other restrictions on real property.
(q) The Owner shall comply with all provisions of Chapter 3.24 of the Municipal Code concerning transient occupancy taxes, including, but not limited to, submission of a monthly return for each Vacation Rental in accordance with Section 3.24.080. The monthly Item 3A - Page 17
return shall be filed each month regardless of whether the Vacation Rental unit was rented or not during each such month.
(r) The City Manager shall have the authority to impose additional standard conditions, applicable to all Vacation Rental units or identifiable classes of Vacation Rentals, as necessary, to achieve the objectives of this Chapter. A list of all such additional standard conditions shall be maintained and on file in the Office of the City Clerk and such offices as the City Manager designates.
(s) Notwithstanding the provisions of Subsection (p) above, upon a determination of Good Cause, the City Manager may impose additional or special standards or requirements for placement or imposition of special conditions or performance standards for Owners, Owner’s Agents, Local Contact Persons, and their affected Vacation Rentals. The standard conditions may be modified by the Enforcement Official upon request of the Owner or his or her agent based on site-specific circumstances for the purpose of allowing reasonable accommodation of a Vacation Rental. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a Vacation Rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of to the standard conditions shall not further exacerbate an already existing problem.
(t) The City Manager shall have the authority to establish administrative rules and regulations, which may include, but are not limited to, registration conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, consistent with the provisions of this Chapter, for the purpose of implementing, interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter. No person shall fail to comply with any such regulation. A copy of such administrative rules and regulations shall be on file in the Office of the City Clerk.
(u) Owner shall procure, maintain, and pay premiums for commercial insurance policies that cover short term rental of property for each Vacation Rental with minimum limits as may be established by the City Manager from time to time. (v) Owner shall annually secure a building and fire and safety inspection prior to renewal of the Vacation Registration Certificate.
(w) For any Vacation Rental, including any Junior Vacation Rental, that is also used as an Event House, as that term is used in Palm Springs Municipal Code Chapter 5.75, each event shall be counted as a Contract, for purposes of Section 5.25.070’s annual caps on the number of Contracts, for such property.

5.25.075 Specific Prohibitions.
(a) No person or entity shall offer or provide an Apartment, or any portion thereof, for rent for 28 consecutive days or less to any person.

Item 3A - Page 18
(b) No person or entity shall maintain any advertisement of a Vacation Rental that is in violation of any provision of this Chapter.
(c) No person, including without limitation, an apartment owner, an apartment manager, or a representative of the apartment owner or manager, shall evict any tenant or otherwise terminate a lease for the purpose of converting an apartment to a vacation rental or in anticipation of converting an apartment to a vacation rental. In addition to any other remedy provided under the Palm Springs Municipal Code, failure to comply with this provision may be asserted as an affirmative defense in an action brought by or on behalf of the apartment owner, apartment manager, or representative to recover possession of the unit. Any attempt to recover possession of a unit in violation of this Ordinance shall render the apartment owner, apartment manager, or representative liable to the tenant for actual or punitive damages, including damages for emotional distress, in a civil action for wrongful eviction. The tenant may seek injunctive relief and money damages for wrongful eviction and the prevailing party in an action for wrongful eviction shall recover costs and reasonable attorneys’ fees. (d) The provisions of Subsection (a) of this Section shall not apply to or be enforced against any person or entity who rents an apartment or portion thereof pursuant to a valid vacation Registration Certificate issued prior to April 15, 2016 for the period of time between April 15, 2016 through January 1, 2019. The purpose of this deferral of the enforcement of the provisions of this Section is for persons or entities issued valid vacation registration certificates prior to April 15, 2016 to be afforded a reasonable opportunity to recoup costs reasonably invested for vacation rental use of apartments and which may not have been recouped during the period of vacation rental use of the apartment and which cannot be recouped once the vacation rental use is terminated.
(e) The provisions of Subsection (a) of this Section, Subsection 5.25.040(b) [limits on number of units], and Subsection 5.25.070(b) [limits on number of Contracts] shall also not apply to any building in which an apartment is located that meets all requirements of an R-1 occupancy under the City’s building and fire code and for which such apartment has a valid Vacation Rental Registration Certificate issued prior to April 15, 2016.

Ed. Note. Subsection (d) of Section 5.25.075 shall be deemed repealed and no longer in effect as of 12:01 am on January 1, 2019 and all persons and entities shall fully comply with the provisions of Subsection (a) of Section 5.25.075 of this Code. See § 4 of Ord. 1902 (2016).

5.25.078 Homesharing Authorization.
(a) The Notwithstanding any provision of this Chapter to the contrary, homesharing shall be authorized in the City, provided that the Owner complies with each of the following requirements:
(1) Obtains and maintains at all times a Vacation Rental Registration Certificate for Homesharing;
(2) Operates the Homesharing Interest in compliance with all Vacation Registration Certificate for Homesharing conditions, which may be imposed by the Enforcement Official to effectuate the purpose of this Chapter;
Item 3A - Page 19
(3) Collects and remits Transient Occupancy Tax to the City and complies with all City Transient Occupancy Tax requirements as set forth in this Code; (4) Takes responsibility for and actively prevents any nuisance activities that may take place as a result of homesharing activities;
(5) Complies with all applicable laws, including all health, safety, building, and fire protections laws;
(6) Complies with the regulations promulgated pursuant to this Chapter. (b) In the event the Owner of a Homeshare Interest does not live on-site, in the home, and is not able to respond within thirty (30) minutes to complaints regarding the condition, operation, or conduct of occupants of the Homesharing Interest, the property shall be deemed a Vacation Rental and Owner shall be required to fully comply with the provisions of this Chapter relating to Vacation Rentals, including without limitation, securing a Vacation Rental Registration Certificate.

5.25.080 Audit.

Each Owner and agent or representative of any Owner shall provide the Enforcement Official with access to each Vacation Rental and the books, records, documents, papers, tax returns, and bank accounts at any time during normal business hours as the Enforcement Official may determine are necessary or convenient for the purpose of inspection or audit to determine that the objectives and conditions of this Chapter are being fulfilled.

5.25.085 Disclosure of Business Entities, Limited Liability Companies, and Personal or Family Trusts.

On or before June 1, 2017, all Business Entities, limited liability companies, and personal or family trusts owning one or more Vacation Rentals shall disclose to the Enforcement Official the names, relevant contact information, and any such other information as may be requested by the Enforcement Official of each natural person holding the legal, equitable, and/or beneficial interest of each such Business Entity, limited liability company, or personal or family trust and the address of each Vacation Rental owned by each such Business Entity, limited liability company, or personal or family trust. Each Business Entity that complies with the provisions of this Section prior to June 1, 2017, shall, prior to June 1, 2018 transfer each Vacation Rental to a natural person who can otherwise comply with the provisions of this Chapter or cease operating any Vacation Rental properties owned by the Business Entity as Vacation Rentals. Any Business Entity that fails to comply with the disclosure requirements provided in this Subsection, shall cease operating all Vacation Rental properties owned by the Business Entity as Vacation Rentals no later than June 1, 2017.

5.25.090 Violations.
(a) Any person who violates a provision of this Chapter is subject to criminal sanctions and administrative penalties pursuant to Chapters 1.01 and 1.06 of this Code and the specific penalties as provided in this Chapter. Any person who uses, or allows the use of, Item 3A - Page 20
residential property in violation of the provisions in this Chapter is guilty of a misdemeanor for each day in which such residential property is used, or allowed to be used, in violation of this Chapter. An administrative citation issued pursuant to Chapter 1.06 for a first violation shall be five hundred dollars ($500.00) and each subsequent violation shall be one thousand ($1,000.00) dollars. Each administrative citation for a violation of any provision of this Chapter shall be levied or assessed against the Owner.
(b) Upon the third violation in any twelve month period, the City Manager shall suspend the Vacation Registration Certificate for two (2) years. Notwithstanding the preceding sentence, failure by any person who is responsible to remit to the City the City’s transient occupancy tax pursuant to Chapter 3.24 following written notice to do so, shall result in a suspension for twelve (12) months of that person’s Vacation Registration Certificate for the applicable property.
(c) Any person who operates a Vacation Rental without a Vacation Registration Certificate, shall be liable to the City for the payment of transient occupancy tax pursuant to the provisions of the Palm Springs Municipal Code Chapter 3.24, including without limitation penalties and interest, payment of an administrative fine in the amount of Five Thousand Dollars ($5,000.00), and permanent ineligibility to operate a Vacation Rental in the City. In the event the person continues to operate a Vacation Rental without a Vacation Registration Certificate, the person shall be liable for an administrative fine in the amount of Ten Thousand Dollars ($10,000.00) and any successive violations shall be subject to fines provided in an escalation formula established by the City Council by resolution.
(d) Any person who advertises a Vacation Rental without including the Vacation Registration Certificate in any advertising for such Vacation Rental, or operates a Vacation Rental without a contract, or without providing the City with a summary or abstract of such contract prior to each applicable occupancy, or without timely tendering full monthly payments of transient occupancy tax, shall pay a fine in the amount of Two Thousand, Five Hundred Dollars ($2,500.00) and the Owner’s Vacation Registration Certificate shall be suspended for six (6) months for a first offense and shall pay a fine in the amount of Five Thousand Dollars ($5,000.00) and the Owner’s Vacation Registration Certificate shall be revoked for a second offense. Any subsequent violations will be subject to the provisions of Subsection (c) of this Section.
(e) The failure of an Owner or the Owner’s agent or representative to comply with an order of any police officer shall result in the revocation of the Vacation Registration Certificate. (f) The appeal and hearing provisions of Chapter 2.50 shall apply to any revocation or suspension of a Registration Certificate.
(g) Any person who fails to pay any fee or charge provided in this Chapter within the time required, shall pay a penalty in the amounts established by the City Council by resolution.

Such penalty may also include interest from the date on which the fee or charge became due and payable to the City until the date of payment.

Item 3A - Page 21
(h) The filing of knowingly false claims against a Vacation Rental or the guests staying in a Vacation Rental is prohibited and shall be punishable by administrative fines as provided in Chapter 1.06 of this Code.
(i) In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this Chapter are cumulative and the election of one or more remedies does not bar the City from the pursuit of any other remedy, criminal, civil, or administrative which may be pursued by the City to enforce this Chapter and/or address any violation of this Code or to remedy any other public nuisance.

5.25.100 Requirements Not Exclusive.

The requirements of this Chapter shall be in addition to any license, permit, or fee required under any other provision of this Code. The issuance of any permit pursuant to this Chapter shall not relieve any person of the obligation to comply with all other provisions of this Code pertaining to the use and occupancy of Vacation Rental or the property on which it is located.

Item 3A - Page 22

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER 5.77

PERTAINING TO ADULT-ORIENTED BUSINESSES AND REPEAL OF CHAPTER

11.10 PERTAINING TO PUBLIC NUDITY
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO

ADULT-ORIENTED BUSINESS REGULATIONS, AND A REPEAL OF
CHAPTER 11.10 RELATING TO PUBLIC NUDITY.”

2. Attachments
Item 3B

CITY COUNCIL STAFF REPORT

DATE: NOVEMBER 28, 2022 BUSINESS AND LEGISLATIVE

SUBJECT: PROPOSED UPDATE OF PALM SPRINGS MUNICIPAL CODE CHAPTER

5.77 PERTAINING TO ADULT -ORIENTED BUSINESSES AND REPEAL OF CHAPTER 11.10 PERTAINING TO PUBLIC NUDITY

FROM: Teresa Gallavan, Interim City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

This a request to update Palm Springs Municipal Code (PSMC) Chapter 5.77 pertaining to the regulations for adult-oriented businesses, which has not been updated since 1995.

Staff was directed to prepare updates to the ordinance at the City Council meeting of October 27, 2022. In addition, the City Council may consider repealing PSMC Chapter

11.10 (“Public Nudity”), as state law adequately regulates issues relating to public nudity.

RECOMMENDATION:

1. Waive the reading of the ordinance text in its entirety and read by title only; and

2. Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO

ADULT-ORIENTED BUSINESS REGULATIONS, AND A REPEAL OF CHAPTER

11.10 RELATING TO PUBLIC NUDITY.”

BACKGROUND – ADULT-ORIENTED BUSINESSES:

Palm Springs Municipal Code (PSMC) Chapter 5.77 provides regulations pertaining to the operation and location of adult -oriented businesses. An adult-oriented business is generally defined as any business that offers products, merchandise, services, or entertainment, characterized by an emphasis on sexual activities or specified anatomical parts.

Examples of adult oriented businesses identified in Chapter 5.77 include the following:

• Adult bookstore;
• Adult cabaret;
Item 3B - Page 1
City Council Staff Report
November 28, 2022 -- Page 2
Adult-Oriented Businesses/Public Nudity

• Adult hotel/motel;
• Adult model studio;
• Adult motion picture arcade;
• Adult theater;
• Sex club; and
• Any similar businesses characterized by an emphasis on specified sexual activities or specified anatomical parts.

Adult-oriented businesses are required to obtain an adult-oriented business permit as well as a business license. The ordinance only allows adult -oriented businesses in the C -M (Commercial Manufacturing), M- 1 ( Service/Manufacturing), M-1- P ( Planned Research and Development Park), and M-2 (Manufacturing) zone districts; adult uses are permitted by right in these zone districts, provided all other locational and operational requirements are met. Adult businesses must be at least 650 feet from any residential zone, and 500 feet from any public park, school, or religious facility. Adult businesses may not be located on a major or secondary thoroughfare, and cannot be located adjacent to, or across the street from, any other adult business. No waiver process is identified for the separation distance requirements.

The following uses are specifically excluded from the definition of an adult -oriented business in PSMC Chapter 5.77 and are not subject to the additional permitting requirements or locational restrictions:

• Clothing optional hotel/motel;
• Businesses selling sexually oriented merchandise wherein sexually oriented materials comprise less than 10% of the selling space or 250 square feet, whichever is less;
• Live art classes.

STAFF ANALYSIS – ADULT-ORIENTED BUSINESSES:

Periodic review of the City’s ordinances is warranted to assess if the regulations are still applicable and appropriate or if modifications are necessary. The City’s adult -oriented business regulations were last amended in 1995, and there have been significant changes in the industry in terms of how adult products and materials are purchased and consumed. Consequently, the City’s standards for adult businesses do not adequately address these changes in the industry and current practices for regulating such businesses.

In evaluating changes to the existing ordinance, staff reviewed best practices from other jurisdictions as well as changes in state regulations pertaining to adult businesses. In particular, regulations from Los Angeles, San Diego and San Francisco were reviewed as these cities have all made recent updates to their adult ordinances.

The following sections of this staff report provide a discussion of the various regulations Item 3B - Page 2
City Council Staff Report
November 28, 2022 -- Page 3
Adult-Oriented Businesses/Public Nudity

that are applicable to adult-oriented businesses in comparison with other regulated uses in the City of Palm Springs (cannabis dispensaries/lounges, alcohol uses) and the regulation of adult businesses in other jurisdictions (Los Angeles, San Diego, San Francisco).

Adult-oriented business uses:

In an effort to update and streamline the list of adult - oriented uses, it is proposed that the existing list of uses be condensed into four broader categories as detailed in the following table.

Proposed Use Categories Existing Uses
Adult Entertainment Establishment
• Adult Cabaret
• Adult Model Studio
• Adult Theater
Adult Hotel/Motel* (No change)
Adult Retail Establishment • Adult Bookstore
• Adult Motion Picture Arcade
Adult Sex Venue • Sex Club
*Please note that Clothing Optional Hotels/Motels are separate and distinct from the Adult Hotel/Motel use and are not subject to the regulations contained in PSMC Chapter 5.77.

The purpose for revising the list of uses is to eliminate uses that are gradually phasing out due to industry changes (Adult Model Studio, Adult Motion Picture Arcade) in favor of more generalized categories that are less likely to become obsolete.

Zone districts where permitted:

Adult businesses in the City of Palm Springs are only
allowed in industrial zone districts. In comparison, other regulated businesses such as cannabis dispensaries/lounges and alcohol uses are allowed in most commercial districts as well as industrial districts. A table comparing the zone districts where adult uses are allowed with other regulated businesses is included in Attachment B.

In comparison, the City of Los Angeles allows adult businesses in certain commercial districts in addition to industrial districts. San Diego allows adult businesses in limited commercial zones and limited industrial zones. San Francisco is perhaps unique in its regulation of adult businesses , in that it generally allo ws such businesses in areas that have an association with the LGBTQ+ community, such as the Castro, Upper Market, Tenderloin, and SOMA neighborhoods, rather than regulating adult uses by standard zone districts.

Should the Council wish to expand the list of zone districts where adult uses are allowed, the following zones may be considered:

• C- 2 (General Commercial) Zone: Allow as a permitted use. • HC (Highway Commercial) Zone: Allow as a permitted use. • C- 1 (Retail Business) Zone: Allow via Conditional Use Permit approval.

Item 3B - Page 3
City Council Staff Report
November 28, 2022 -- Page 4
Adult-Oriented Businesses/Public Nudity

The C-2 and HC zones occur in limited locations and may generally be appropriate for adult uses provided all separation and locational standards are applied. The C -1 zone district may also be appropriate for adult uses but would need greater scrutiny in terms of impacts to surrounding uses . Consequently, it is recommended that a Conditional Use Permit be required for adult businesses in the C-1 zone.

Separation distance requirements: The City of Palm Springs currently requires the following separation distances for adult businesses:
• 650 feet from any residential zone;
• 500 feet from parks, schools, mortuaries, religious uses; • Not allowed adjacent to or across the street from any other adult business.

No waiver process is identified to allow any adjustment of these separation distance requirements. In addition to the separation distances identified above, adult businesses may not be located on a major or secondary thoroughfare as identified by the General Plan (generally described as four-lane and six-lane arterial roadways).

In comparison with other regulated uses, cannabis dispensaries and lounges must have a 500-foot separation from any other dispensary/lounge and must be a minimum of 600 feet from any park, playground, school, daycare center, or youth center. The distance separation requirements may be waived by the City Council via an Administrative Minor Modification application. Alcohol uses generally do not have a separation distance requirement with the exception of industrial zone districts. However, the State of California limits the number of alcohol licenses by type that can be issued within each Census tract.

The State grants authority to local jurisdictions to waive this limitation through the adoption of a Resolution of Public Convenience or Necessity for each individual applicant.

A table comparing the separation distance requirements for adult businesses and other regulated uses is included in Attachment B.

Los Angeles, San Diego, and San Francisco all generally require separation distances from protected uses, residential areas, and other adult businesses. A table comparing the separation distances for adult businesses in the various jurisdictions is included in Attachment B. None of the jurisdictions identify a waiver process to modify the distance separation requirements for adult businesses.

Due to the unique characteristics of the C ity’s industrial districts relative to residential areas, it is proposed that the 650- foot separation between adult businesses and residential zone boundaries be modified to a prohibition against an adult business being located adjacent to a residential zone boundary. This will generally protect residential neighborhoods from any incursion or potential impact of adult businesses, while offering a standard that is generally similar to other regulated uses such as bars and cannabis dispensaries. In addition, it is proposed that the separation distance from protected uses be increased from 500 feet to 600 feet in order to apply a similar standard that is currently applicable to cannabis uses.

Modifications to minimum requirements:

Section 5.77.025 (“Findings/requirements”) lists
all minimum standards that are applicable for the establishment of adult businesses. In Item 3B - Page 4
City Council Staff Report
November 28, 2022 -- Page 5
Adult-Oriented Businesses/Public Nudity

addition to the zone districts where permissible and separation requirements, other operational standards are specified that must be met in order to obtain an adult -oriented business permit. Staff is proposing the following modifications to certain operational requirements as follows:

• The exemption threshold for retail businesses that sell a limited quantity of adult products and materials has been increased to 20% of the floor area or 300 square feet, whichever is less. Stores that carry less than the threshold level are not required to obtain an adult -oriented business permit and are not subject to the locational or separation distance requirements. This change is being offered based on local practice and a comparison with other jurisdictions. • Parking requirements have been deleted and a reference is provided to the standard parking requirements contained in the Palm Springs Zoning Code (PSMC).
• Special events that require the provision of additional parking may be permissible upon approval of a Land Use Permit.
• A security plan will be required for Adult Entertainment Establishments and Adult Sex Venues; it is intended that the security plan be developed in partnership with the Palm Springs Police Department, and that the plan address the safety of patrons at such facilities. This requirement is intended to replace the current requirement that all adult businesses provide camera equipment to record and monitor all parking lot areas, and that they maintain sightlines in all public indoor areas. Due to the vast differences between the types and configurations of adult businesses, it is recommended that a security plan be tailored to the specific use and floor plan.
• The limitation restricting visibility of adult merchandise or images has been reworded to clarify that any such merchandise shall not be visible from adjacent public rights-of-way.
• Operating hour limitations have been modified so that closure is required between 2:00 a.m. and 6:00 a.m. (the current limitation is from 1:00 a.m. to 9:00 a.m.). This limitation does not apply to Adult Hotel/Motel use or the Adult Sex Venue use. • The specific requirements relative to the configuration of restroom facilities has been removed; adult businesses will be subject to the same restroom requirements as is applicable to all commercial businesses. • The specific outdoor lighting requirements for adult businesses has been removed. The City adopted standard outdoor lighting requirements for commercial and industrial uses in 2014; adult businesses will be subject to these lighting requirements, just as would apply to other commercial and industrial businesses.
• Requirements relative to the specific interior configuration of adult businesses have been removed, based on a review of standards adopted by other jurisdictions.
• A reference to the City’s noise ordinance has been updated to reflect current code requirements.
• Health standards have been added for Adult Sex Venues, based on measures adopted by Los Angeles and San Francisco.

Item 3B - Page 5
City Council Staff Report
November 28, 2022 -- Page 6
Adult-Oriented Businesses/Public Nudity

Approval process: Adult -oriented businesses in the City of Palm Springs are currently permitted by right in the zone districts where permissible, and do not require a public hearing proc ess. Applicants must obtain an Adult -Oriented Business Permit and a business license, both of which are issued by Finance Department staff. The Finance Department consults with Planning staff to verify that zoning and separation distance requirements are met. It is standard practice by local jurisdictions to allow such uses by right without a public hearing or public meeting requirement, and no change to the approval process is being proposed.

Other Considerations:

An issue for future consideration is relative to the issuance of day passes or special events at Adult Hotel/Motel facilities, Clothing Optional Hotel/Motel facilities, and all other hotel uses. As this issue is beyond the scope of the adult-oriented business ordinance, it i s recommended that staff come forward at a future date with a proposal to address special events/day passes at hotel facilities.

STAFF ANALYSIS – PUBLIC NUDITY:

Palm Springs Municipal Code (PSMC) Chapter 11.10 prohibits public nudity. This prohibition extends from the exposure of a person’s genitals during a commercial activity, to sunbathing nude in a public place, to being nude on private property where that nude person can be seen from the street.

However, State law regulates certain types of nudit y when such nudity is considered “indecent”. Specifically, Penal Code section 314 prohibits persons from willfully exposing one’s naked body or genitals in a public place to others who would be offended or annoyed by it. However, this prohibition is not necessarily the same as banning public nudity. As one court has explained, “Absent additional conduct intentionally directing attention to his genitals for sexual purposes, a person, as here, who simply sunbathes in the nude on an isolated beach does not ‘lewdly’ expose his private parts within the meaning of [Penal Code] section 314.” (Eckle v. David
, (1975) 51 Cal.App.3d 831.)

As such, while cities are authorized to regulate and prohibit basic nudity, the City is not required to. Therefore, it would be within the City’s legislative authority to remove Chapter 11.10, should the Council wish to do so.

ENVIRONMENTAL ASSESSMENT
:

The proposed Ordinance is not subject to the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.) pursuant to Section 15060(c)(2) of the State Guidelines, because the text amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines.

Item 3B - Page 6
City Council Staff Report
November 28, 2022 -- Page 7
Adult-Oriented Businesses/Public Nudity

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Draft Ordinance
B. Comparison Tables – Regulated Uses
Item 3B - Page 7

ATTACHMENT A

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ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 5.77

OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO

ADULT-ORIENTED BUSINESS REGULATIONS, AND A
REPEAL OF CHAPTER 11.10 RELATING TO PUBLIC
NUDITY.

City Attorney’s Summary
The proposed ordinance will update the City’s regulations pertaining to adult -oriented business uses, including
definitions of adult use categories, minor revisions to operational procedures, separation requirements, and safety requirements. In addition, the ordinance will repeal Palm Springs Municipal Code Chapter 11.10, relating to public nudity regulations.

C. I n accordance with the City’s above- referenced charter city authority, the City Council wishes to amend its Municipal Code provisions regarding adult -oriented businesses and public nudity; and

D. The City Council has carefully reviewed and considered all of the evidence presented in connection with the public meeting on the ordinance, including, but not limited to, the staff report, and all written and oral testimony presented.

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

SECTION 2. Rescind and replace Chapter 5.77 of the Palm Springs Municipal Item 3B - Page 9
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Code as follows:

Chapter 5.77 ADULT-ORIENTED BUSINESSES

5.77.055 Intent.

(a) The intent of this chapter is to regulate adult-oriented businesses which, because of their very nature, are believed to have any of the recognized significant secondary effects on the community which include, but are not limited to:
depreciated property values and increased vacancies in residential and commercial areas in the vicinity of the adult -oriented businesses; higher crime rates, noise, debris or vandalism in the vicinity of adult -oriented businesses; and blighting conditions such as low level maintenance of commercial premises and parking lots which thereby have a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to insure ensure that these adverse effects will not contribute to the blighting or downgrading of the neighborhoods in the vicinity of the adult -oriented businesses. It is neither the intent, nor effect of thi s section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent, nor effect of this section to restrict or deny access by adults to sexually oriented materials or merchandise protected by the First Amendment, or to deny access by the distributors or exhibitors of adult - oriented businesses to their intended market.

(b) Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any bus iness, building or use which violates any city ordinance or any statute of the state of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.

5.77.010 Definitions.

“Adjacent” means directly abutting, having a boundary or property line(s) in common or bordering directly, contiguous to, or directly across a public right-of-way. “Adult bookstore” means any establishment, which as a regular and substantial course of conduct, displays and/or distributes sexually oriented material and/or merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical parts. (See “Adult oriented business” for definition of regular and substantial portion of its business.) “Adult cabaret” means a nightclub, bar, lounge, restaurant or similar establishment or concern which features as a regular and substantial course of conduct, any type of live entertainment, films, motion pictures, videos, slides, other photographic reproductions, or Item 3B - Page 10
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other oral, written or visual representations which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

“Adult entertainment establishment” means a bar, lounge, nightclub, movie theater, live theater, or similar establishment which features as a regular and substantial course of conduct, any type of live entertainment, films, or other oral or visual representations which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult-Oriented Business” for a definition of regular and substantial portion of its business).

“Adult hotel/motel” means a motel ,or hotel or similar co mmercial establishment which:
(1) Offers public accommodations, for any form of consideration, which provides patrons with closed- circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical parts and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off -premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(2) Offers a sleeping room for rent for a period of time less than ten hours; or (3) Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten hours.

“Adult model studio” means any premises where there is furnished, provided or procured a figure model or models who pose in any manner which is characterized by its emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts where such model(s) is being observed or viewed by any person for the purpose of being sketched, painted, drawn, sculptured, photogr aphed, filmed or videotaped for a fee, or any other thing of value, as a consideration, compensation or gratuity for the right or opportunity to so observe the model or remain on the premises. “Adult model studio” shall not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution authorized to issue and confer a diploma or degree under Section 94300 et seq. of the Education Code.

“Adult motion picture arcade” means any business establishment or concern containing coin- or slug- operated or manually or electronically controlled still, motion picture or video machines, pr ojectors, or other image producing devices that are maintained to display images to an individual in individual viewing areas when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

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“Adult-oriented business” means any business establishment or concern which as a regular and substantial course of conduct performs as an adult entertainment establishment, adult retail establishment, adult sex venue, adult bookstore, adult theater, adult motion picture arcade, adult cabaret, stripper, adult model studio or adult hotel/motel (but not clothing optional hotel/motel); any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually -oriented merchandise or sexually -oriented material; or any other busines s establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts.
“Adult oriented business” does not include those uses or activities, the regulation of which is preempted by state law. “Adult-oriented business” shall also include any business establishment or concern which, as a regular and substantial course of conduct provides or allows performers, models, actors, actresses or employees to appear in any place in attire which does not opaquely cover specified anatomical parts. For the purposes of this section, a business establishment or concern has established the provision of products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical parts as a regular and substantial course of conduct when one or more of the following conditions exist:
(1) The area devoted to sexually -oriented merchandise and/or sexually - oriented material exceeds more than ten twenty percent, or two three hundred fifty square feet, whichever is less, of the total display or floor space area open to the public;
(2) The business establishment or concern presents any type of live entertainment which is characterized by an emphasis on specified sexual activity or specified anatomical parts at least six times in any month in any given year;
(3) The business establishment or concern obtains a significant or substantial portion of its revenues from the sale, rental or lease of entertainment, material or merchandise characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts or advertises the availability of the same; or
(4) The regular and substantial course of conduct of the business consists of or involves the sale, trade, display or presentation of services, products or entertainment which are characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical parts.

“Adult retail establishment” means any establishment, such as an adult bookstore, adult video store, adult arcade, or any similar retail use which as a regular and substantial course of conduct, displays and/or distributes sexually -oriented material and/or merchandise, including printed materials, videos, sexual devices, and similar items, which are distinguished or characterized by an emphasis on or relating to specified sexual activities or specified anatomical parts (see “Adult -Oriented Business” for a definition of Item 3B - Page 12
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regular and substantial portion of its business).

“Adult theater” means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, slide photographs, or other pictures or visual reproductions which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

“Clothing optional hotel/motel” means a non-adult hotel/motel which, in the ordinary course of business permits persons to be nude in and on those public areas of the hotel or motel property which are not visible from any public right-of-way. A clothing optional hotel shall not include any hotel or motel which provides compensation of any form or permits any person to accept compensation of any form for exposing specified anatomical parts or engaging in specified sexual activities unless the exposure of such specified anatomical parts is ancillary or incidental to the activity for which the compensation is received.

“Director” means the Planning Director of the City of Palm Springs or the City Manager’s designee.

“Live art class” means any premises on which all of the following occur: there is conducted a program of instruction involving the drawing, photographing or sculpting of live models exposing specified anatomical parts; instruction is offered in a series of at least two classes; the instruction is offered indoors; an instructor is present in the classroom while any participants are present; and preregistration is required at least twenty-four hours in advance of participation in the class.

“Sex club
Adult sex venue” means any establishment not primarily dedicated to providing overnight lodging accommodations, including a private club, which as a regular and substantial course of conduct permits persons to engage in specified sexual activities in any public or semipublic portion of the establishment or which provides any private room to persons more than once in a twenty-hour period in which persons are permitted to engage in specified sexual activities. For the purpose of this section, a “public or semipublic portion of an establishment” shall mean any portion of the establishment in which invitees of the establishment are permitted access and which is not let, leased or rented more than once in a twenty -hour period to persons who are entitled to exclusive use of the room. The above notwithstanding, an “
Sex club adult sex venue” is also any
place which that represents itself to any person or group of persons as a place for persons to engage in specified sexual activities.

“Sexually oriented material” means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture, film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which
that are characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical parts.

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“Sexually oriented merchandise” means sexually oriented implements and paraphernalia, such as, but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which that are designed or marketed primarily for the stimulation of human genital organs or sado- masochistic activity.

“Specified anatomical parts” means:
(1) Less than completely and opaquely covered human genitals; pubic region; buttocks; or female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

“Specified sexual activities” means:
(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral/anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context of a sexual relationship, or the use of excretory function in the context of a sexual rel ationship , any of the
following depicted sexually oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerastia;
(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;
(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;
(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;
(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;
(6) Erotic or lewd touching, fondling or other sexually oriented contact with an animal by a human being;
(7) Human excretion, urination, menstruation, vaginal or anal irrigation; (8) Striptease or the removal of clothing to the point where specified anatomical parts are not opaquely covered.

5.77.015 Permit Required.

No adult-oriented business shall be permitted to operate, engage in, conduct or carry on business within the city unless the owner of the business first obtains both an adult oriented business permit and a business license from the city of Palm Springs.

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5.77.020 Application Requirements.

(a) The property owner, or authorized agent of the property owner, is eligible to request an adult oriented business permit. A single adult-oriented business permit shall suffice for the operation of any adult oriented business within the city.

(b) The following information is required at the time an adult oriented business permit is submitted to the community development department:
(1) A completed adult oriented business permit application signed by the property owner or authorized representative;
(2) A nonrefundable deposit or fee as set forth by ordinance or resolution of the city council;
(3) A letter of justification describing the proposed project and explaining how it will comply with the findings/requirements contained in Section 5.77.030; (4) All other information as required by city of Palm Springs adult-oriented business permit information sheet.

5.77.025 Findings/Requirements.

(a) The city development services director
Director shall issue an adult -oriented
business permit within thirty days of following receipt of a complete application if it finds that:
(1) The adult-oriented business shall be located in the city’s C -M, M-1, M-1-P and M-2 zoning districts.*
(2) The adult-oriented business shall not be located within six hundred fifty feet of adjacent to any residential zone.*
(3) The adult-oriented business shall not be located within five six hundred feet of any lot upon which there is properly located a public park, school or mortuary or within
five six hundred feet of any lot used by a religious
institution for religious activities at least three times per week.* (4) The adult-oriented business shall not be located on any property fronting upon a major or secondary thoroughfare as defined in the general plan of the city of Palm Springs. For the purpose of this chapter, a property fronts on such a road if the property and any portion of the right -of-way for the road have a contiguous boundary.
(5) The adult -oriented business shall not be located on property adjacent to another adult oriented business. For the purpose of this section, “adjacent property” means property with a common boundary, excluding intervening easements and rights -of-way, whether such rights -of-way are held by the city in fee or otherwise. By way of example, an adult oriented business shall not be permitted to operate at a location across the street from another adult oriented business if, but for the existence of the street, the property lines of the businesses would be contiguous.

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(6) The parking requirements for adult-oriented businesses shall be as follows The adult-oriented business complies with parking requirements as listed in Palm Springs Zoning Code Chapter 93.00:

Bookstores and retail
establishments
1 parking space/300 square feet of gross
floor area
Theaters 1 parking space/3 seats, if seats are
fixed, or 1 parking space/24 square feet
of gross floor area
Cabarets 1 parking space/3 seats if seats are
fixed, or 1 parking space/35 square feet
of gross floor area
Motion picture arcade 1 parking space/individual viewing area plus 1 parking space/employee
Motel/hotel 1 parking space/guest room for first 50
rooms; .75 parking space/guest room
thereafter

(7) The adult -oriented business shall not be located completely or partially within any mobile structure or pushcart.
(8) The adult-oriented business shall not stage any special events, promotions, festivals, concerts or similar events which would increase the demand for parking beyond the approved number of spaces for the particular use , unless otherwise permitted under a Land Use Permit.
(9) The adult-oriented business shall not conduct any massage, tattooing or acupressure on the premises or operate escort services from the premises. (10) The adult -oriented business shall provide a security system that visually records and monitors all parking lot areas. All indoor areas of the adult oriented business which are accessible to the public shall be open to public view at all times with the exception of restroom facilities. “Accessible to the public” shall include but not be limited to those areas which are only accessible to members of the public who pay a fee and/or join a private club or organization. For Adult Entertainment Establishments or Adult Sex Venues, the applicant has submitted a security plan, developed in consultation with, and approved by, the Police Department, to address patron safety at such facilities.
(11) The adult-oriented business complies with the city’s sign regulations. (12) The adult -oriented business complies with the development and design requirements of the zone in which it is to be located.
(13) The adult-oriented business shall not display any sexually-oriented material or sexually-oriented merchandise which would be visible from a ny location other than from within the adult-oriented business public rights-of-way. (14) The adult-oriented business shall not allow admittance to any person under the age of eighteen if no liquor is served, or under the age of twenty -one if liquor is served.

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(15) With the exclusion exception of adult-oriented hotels and adult sex venues, the adult oriented business shall not operate between the hours of one two a.m. and nine six a.m.
(16) Neither the applicant, if an individual, nor any of the officers or general partners, if a corporation or partnership, of the adult oriented business has been found guilty wit hin the past two years of a misdemeanor or felony
classified by the state as a sex-related offense and has not violated any of the provisions of an adult oriented business permit or similar permit or license in any city, county, territory or state.
(17) The adult -oriented business shall provide separate restroom facilities for male and female patrons. The restrooms shall be free from sexually oriented materials and sexually oriented merchandise. Only one person shall be allowed in the restroom at any time, unless otherwise required by law, in which case the adult oriented business shall employ a restroom attendant of the same sex as the restroom users who shall be present in the restroom during operating hours. The attendant shall prevent any person(s) fro m engaging in any specified sexual activities within the restroom and shall ensure that no person of the opposite sex is permitted in the restroom.
(18) The interior of the adult oriented business shall be configured such that there is an unobstructed view of every public area of the premises, including but not limited to the interior of all individual viewing areas, from a permanent security station physically demarked in the establishment which is no larger than thirty-two square feet of floor area with no single dimension being greater than eight feet in a public portion of the establishment. No public area, including but not limited to the interior of any individual viewing area, shall be obscured by any door, curtain, wall, two- way mirror or other device which would prohibit a person from seeing into the interior of the individual viewing area from the manager’s station. A security officer shall be stationed in the security station at all times the business is in operation or open to the public in order to enforce all rules and regulations. No individual viewing area shall be designed or operated to permit occupancy of more than one person at a time. “Individual viewing area” means any area designed for occupancy of one person for the purpose of viewing l ive performances, pictures, movies, videos or other presentations. (19)(17) All areas of the adult oriented business shall be illuminated at a minimum of the following foot -candles, minimally maintained and evenly distributed at ground level : The adult -oriented business complies with the outdoor lighting standards listed in Palm Springs Zoning Code Chapter 93.00.

Bookstores 20 footcandles
Retail establishments 20 footcandles
Theaters 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
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Cabaret 5 footcandles except during
performances, at which times the
lighting shall be at least 1.25
footcandles
Motion picture arcade 10 footcandles in public areas
Individual viewing booths 1.25 footcandles
Motion picture theater 10 footcandles except during
performances at which times the lighting
shall be at least 1.25 footcandles
Motel/hotel 20 footcandles in public areas

(20) The individual viewing areas of the adult oriented business shall be operated and maintained with no holes, openings or other means of direct visual or physical access between the interior space of two or more individual viewing areas.
(21) A traffic study has been prepared for the adult oriented business in conformance with industry standards. The applicant shall demonstrate that the project will not result in a reduction in any roadway level of service below that level of service designated in the general plan for that roadway. (22)(18) The adult-oriented business shall comply with the noise element of the general plan, interior and exterior noise standards noise ordinance and any mitigation measures necessary to reduce the project’s noise impacts to the city’s articulated noise standard.
(23)(19) The adult-oriented business shall comply with all building and construction standards of the Uniform California Building Code, as adopted by the City of Palm Springs, Chapter 24 thereof, Title 24 of the California Code of Regulations, and all other federal, state and city-adopted standards for the specific use.
(24)(20) Whenever live entertainment is provided, patrons shall be physically separated from performers by a buffer zone of at least six feet. “Live entertainment,” for the purposes of this requirement, means any existent display by a human being which is characterized by an emphasis on specified anatomical parts or specified sexual activities. This provision shall not apply to an individual viewing area where the stage is completely separated from the individual viewing area by a floor to ceiling permanent, solid barrier.
(25) No building, premises, structure or other facility shall be permitted to contain more than one type of adult oriented business as such types of adult oriented business are defined in Section 5.77.010. For the purposes of this section, the catch- all phrase “adult oriented business” shall not be considered a single type of adult oriented business.
(26) No individual viewing area may be occupied by more than one person at any one time.

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(27)(21) No patron shall directly or indirectly pay or give any gratuity to any performer and no performer shall solicit or accept any gratuity from any patron.
(22) The following additional standards shall apply to Adult Sex Venues:
a. Information shall be provided to patrons relating to the risk of contracting HIV/AIDS and other sexually transmitted infections, and the methods of preventing such infections.
b. Safe sex supplies, including condoms and lubricant, shall be made available for patrons.
c. Employees shall be trained regarding the transmission of sexually transmitted infections and the means of prevention.
d. Operators shall ensure that the facility is maintained in a sanitary condition.

(b) The Director city development services director shall deny the requested permit if
the above findings have not been made.

* The distance of separation required by Findings (a) (1), (2) and (3) shall be made using a straight line, without regard to intervening structures or objects, from the nearest property line of the property on which the adult -oriented business is, or will be located, and to the nearest property lie of the protected uses described in this Subsection from the property line of the lot on which the adult oriented business shall be located to the nearest property line of the lot upon which is located a residential use, religious institution, park or school if the use from which the measurement is being taken is located on the same lot as the adult oriented business, the distance between the two shall be measured in a straight line between the front doors of each use without regard to intervening structures or objects.

5.77.030 Permit – Duration.

An adult-oriented business permit shall be valid for a period of one year from the date of issuance.

5.77.035 Permit – Renewal.

An adult-oriented business permit shall be renewed on a year-to-year basis provided that the permittee and the adult oriented business continue to meet the requirements set forth in this chapter. A request for permit renewal must be accompanied by a completed adult- oriented business permit application. If said application conforms to the previously approved application and the adult -oriented business has not changed, the permit shall be renewed by the director of planning and building
Director for another year. Any change
or alteration in the nature or operation of the adult oriented business will require the renewal to be reviewed by the
director of planning and building Director. The renewal fee for an adult -oriented business permit shall be established by ordinance or resolution of the city council.

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5.77.040 Permits – Nontransferrable – Use Specific.

No adult-oriented business permit may be sold, transferred or assigned by any permittee or by operation of law, to any other person, group, partnership, corporation or any other entity. Any such sale, transfer or assignment or attempted sale, transfer or assignment shall be deemed to constitute a voluntary surrender of the permit and the permit shall be thereafter null and void. An adult -oriented business permit held by a corporation or partnership is subject to the same rules of transferability as contained above. Any change in the nature or composition of the adult-oriented business from one element of an adult- oriented business to another element of an adult oriented business shall also render the permit null and void. An adult -oriented business permit shall only be valid for the exact location specified on the permit.

5.77.045 Enforcement and Revocation.

(a) Inspections. The permittee shall permit officers of the city of Palm Springs, the county of Riverside, and each of their authorized representatives to conduct unscheduled inspections of the premises of the adult -oriented business for the purpose of ensuring compliance with the law at any time the adult -oriented business is open for business or occupied.

(b) Revocation Grounds. The director of planning and building Director may revoke
an adult -oriented business permit when he or she discovers that any of the following have occurred:
(1) Any of the findings contained in Section 5.77.025 above ceases to be satisfied;
(2) The application contains incorrect, false or misleading information; (3) The applicant is convicted of any felony or misdemeanor which that is classified as a sex or sex-related offense, any violation of the city’s zoning ordinance, any violation of the city’s massage ordinance, or any violation of any other adult business ordinance of any other city, county, or state; (4) Individual viewing areas are being operated with more than one occupant at any one time, or are being maintained with holes, openings or other means of direct visual access between the interior space of two or more individual viewing areas. For the purpose of this section, “individual viewing area” means a viewing area designed for single occupancy; (5)(4) Any person has been convicted of a sex-related offense as a result of his or her activity on the premises of the adult-oriented business.; or (6) Any person or persons has engaged in any specified sexual activities on the premises.

(c) Revocation Notice. Upon determining that the grounds for permit revocation exist, the director of planning and building
Director shall furnish written notice of the
proposed revocation to the permittee. Such notice shall summarize the principal Item 3B - Page 20
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reasons for the proposed revocation, shall state that the permittee may appeal the decision within fifteen calendar days of the posting or the post-marked date on the notice. The notice shall be delivered both by posting the notice at the location of the adult oriented business and by sending the same, certified mail, return receipt requested and postage prepaid, to the permittee as that name and address appears on the permit. Not later than fifteen calendar days after the latter of the mailing or posting of the notice, the permittee may file an appeal of the director of
planning and building’s Director’s determination with the city clerk. If the appeal is filed within fifteen calendar days of the mailing or posting of the notice referenced above, the appeal hearing shall be provided as contained in subsection (d) of this section.

(d) Appeal. Any person aggrieved by a decision of the director of planning and
building Director under this chapter may file an appeal in the manner provided in Chapter 2.05 of the Palm Springs Municipal Code, and the appeal shall be noticed, heard and decided as provided therein.

(e) Reapplication After Revocation. No person, corporation, partnership or member thereof or any other entity may obtain an adult -oriented business permit for a business once its permit has been revoked.

5.77.050 Violation – Penalty.

(a) Every person, whether acting as an individual owner, employee of the owner, permittee, or operator or employee of the permittee, or whether acting as a mere helper for the owner, permittee employer or operator, or whether acting as a participant or worker in any way, who operates or conducts or who participates in the operation of an unpermitted adult -oriented business, or who violates any provisions of this chapter, including but not limited to any provision of Section 5.77.025, shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars for each offense or imprisoned for not more than six months in the county jail for each offense, or both. Each day the violation continues shall be regarded as a separate offense for which the full penalty may be imposed.

(b) Any establishment operated, conducted or maintained contrary to the provisions of this chapter is unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such adult oriented business and restrain and enjoin any person from operating, conducting or maintaining such an establishment contrary to the provisions of this chapter.

5.77.055 Sex clubs prohibited.

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Sex clubs, as defined in Section 5.77.010, are prohibited.

SECTION 3. Rescind Chapter 11.10 of the Palm Springs Municipal Code as follows:

Chapter 11.10 PUBLIC NUDITY

11.10.010 Commercial nudity—Prohibited.

Every person is guilty of a misdemeanor who, while engaging in commercial activity:
(1) Exposes his or her genitals, pubic hair, buttocks, natal cleft, perineum or anal region; or
(2) Exposes any portion of the female breast at or below the areola thereof.

11.10.020 Commercial nudity—Permitting.

Every person is guilty of a misdemeanor who causes, permits, counsels or assists any person to commit any act prohibited by Section 11.10.010.

11.10.030 Compensation not controlling.

A person shall be deemed to be engaged in commercial activity without regard to whether such person is paid any compensation by the management of the establishment in which the activity is performed, provided that the prohibited act is performed in furtherance of the establishment’s commercial enterprise.

11.10.040 Public nudity—Prohibited.

(a) No person shall appear, bathe, sunbathe, walk, dress or undress, or ride in or on any vehicle, or be in any park, playground, public place, or on any public land or on any private property open to view from any public area or public right-of-way in such a manner that the genitals, pubic hair, buttocks, anus, anal regions, natal cleft, perineum, or pubic hair region of any person, or any portion of the breast at or below the upper edge of the areola thereof of any female person, is exposed to public view or is not covered by an opaque covering.

(b) The provisions of this section shall not apply to children under the age of ten.

(c) It shall be an infraction for any person to violate any of the provisions of this section and upon conviction thereof shall be punished as provided in Section 1.01.155 of the Palm Springs Municipal Code.

11.10.050 Exemption.

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The provisions of this chapter shall not apply to actors, dancers, and other entertainers actually engaged in a lawful performance.

SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5. The proposed ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 21000 et. seq.) pursuant to Section 15060(c)(2) and 15060(c)(3) of the State Guidelines, because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as that term is defined in Section 15378 of the State Guidelines.

SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage.

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

LISA MIDDLETON
MAYOR

ATTEST:

BRENDA PREE, MMC

CITY CLERK

Item 3B - Page 23
Ordinance No. _____

Page 16 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 3B - Page 24

ATTACHMENT B

Item 3B - Page 25

ATTACHMENT B

COMPARISON TABLES

Comparison: Zone Districts Where Permissible – City of Palm Springs Use P CBD CDN CSC C-1 C-1AA C-2 HC C-M M-1-P M-1 M-2 E-I A Adult-Oriented Business -- -- -- -- -- -- -- -- P P P P -- -- Alcohol Use – Nightclub/Bars -- CUP CUP CUP CUP CUP CUP CUP CUP1 CUP1 CUP1 CUP -- -- Alcohol Use – Liquor Stores -- CUP -- -- CUP CUP CUP CUP CUP -- -- -- -- -- Cannabis Dispensary/Lounge -- P -- -- P -- P P P P P P -- P 1Cannot be closer than 300 feet to a residential zone, church, or mortuary.

Key: CUP = Conditional Use Permit; P = Permitted

Comparison: Adult-Oriented Business Separation Distance Requirements vs. Regulated Uses (Palm Springs) Use Separation from Similar Use Separation from Residential Separation from Protected Uses Adult-Oriented Business Shall not be adjacent to or across the street from another adult business 650 feet 500 feet
Alcohol Use – Nightclubs/Bars No separation required No separation required No separation required Alcohol Use – Liquor Stores No separation required No separation required No separation required Cannabis Dispensary/Lounge 500 feet No separation required 600 feet

Comparison: Adult-Oriented Business Separation Distance Requirements – Palm Springs vs. Other Jurisdictions Use Separation from Similar Use Separation from Residential Separation from Protected Uses Palm Springs Shall not be adjacent to or across the
street from another adult business 650 feet 500 feet
Los Angeles 1,000 feet 500 feet 500 feet
San Diego 1,000 feet 1,000 feet 1,000 feet
San Francisco 1,000 feet2 No separation required No separation required 2No separation distance required between Adult Sex Venue facilities.

Item 3B - Page 26

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO SIDEWALK VENDING, AND TO AMEND CHAPTER 5.48 RELATIVE

TO COMMERCIAL SOLICITATION
RECOMMENDATION:

Waive the reading of the ordinance text in its entirety and read by title only.1.

Introduce on first reading an Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE

PALM SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946."

2. Provide direction to staff on amendments to PSMC Chapter 6.15, “Mobile Food Vending Vehicles.”

3. Attachments
Item 3C

CITY COUNCIL STAFF REPORT
DAT
E: NOVEMBER 28, 2022 BUSINESS & LEGISLATIVE
SUBJECT: REQUEST TO ADD CHAPTER 5.89 TO THE PALM SPRINGS MUNICIPAL

CODE RELATING TO SIDEWALK VENDING, AND TO AMEND CHAPTER

5.48 RELATIVE TO COMMERCIAL SOLICITATION
FROM: Teresa Gallavan, Interim City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:

Thi
s is a request to add Chapter 5.89 to the Palm Springs Municipal Code (PSMC) to establish regulations for sidewalk vending in residential and commercial neighborhoods.

In addition, it is proposed to amend PSMC Chapter 5.48 (Solicitation Commercial and Charitable) to distinguish sidewalk vending from the existing commercial solicitation regulations. Staff is also requesting direction from the City Council on any proposed changes to the Mobile Food Vending Vehicles regulations.

RECOMMENDATION:

1. Wai
ve the reading of the ordinance text in its entirety and read by title only; and

2. Introduce on first reading Ordinance No. ____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM

SPRINGS MUNICIPAL CODE, ESTABLISHING REGULATIONS ON SIDEWALK VENDING IN COMPLIANCE WITH SENATE BILL 946;” and

3. Provide direction to staff on amendments to PSMC Chapter 6.15, “Mobile Food Vending Vehicles.”
BACKGROUND:

Sena
te Bill 946 (SB 946) was signed into law in 2018 and establishes protections for sidewalk vending activities. While municipalities may adopt regulations pertaining to sidewalk vending, such regulations must be consistent with SB 946. The legislation includes the following:

Item 3C - Page 1
City Council Staff Report
November 28, 2022 -- Page 2
Sidewalk Vending Ordinance

• Prohibits cities (including charter cities) from limiting the total number of sidewalk vendors.
• Prohibits cities from imposing sidewalk vending regulations within specific parts of the public right-of-way or within certain neighborhoods or areas. • Cities cannot restrict or prohibit roaming sidewalk vendors but can restrict stationary sidewalk vendors from residential neighborhoods. • Prohibits cities from restricting sidewalk vending in public parks unless there is an exclusive concession agreement for the park; however, cities may impose restrictions on a concentration of vendors in parks where the activity unreasonably interferes with the scenic and natural character of the park. • Requires cities to cease criminal prosecution as an enforcement option for sidewalk vending violations but does allow the issuance of administrative citations. • Authorizes cities to adopt time, place, and mann er restrictions for sidewalk vending, provided those restrictions are directly related to objective health, safety, or welfare concerns.
• Allows cities to require compliance with sanitary standards and regulations. • Authorizes cities to require a permit or business license for sidewalk vending activities.
• Allows cities to prohibit sidewalk vending from the vicinity of farmers ’ markets, swap meets, or temporary special events.
• Prohibits cities from regulating sidewalk vending based on perceived community animus or economic competition.

STAFF ANALYSIS – SIDEWALK VENDING:

Sidewalk vending has grown in popularity in recent years with the protections that are now in place under State law. While SB 946 regulates sidewalk vending, municipalities may adopt their own regulations to address local issues, provided such requirements are not more restrictive than allowed under State law. Based on direction from the City Council, staff has drafted a sidewalk vending ordinance for consideration.

The proposed ordinance allows sidewalk vending in public rights-of-way and public parks in accordance with SB 946. The ordinance establishes that sidewalk vendors will need to obtain a business license and a California seller’s permit from the Department of Tax and Fee Administration. Those vendors that will be preparing or selling food will need to obtain a Mobile Food Facility permit from the County of Riverside Department of Environmental Health and maintain a valid food handlers card. As part of the business license application, stationary vendors will need to identify the specific location where the vending is intended to take place.

In terms of locational requirements, stationary sidewalk vendors may set up carts or racks on public sidewalks but must maintain a minimum six-foot clear pedestrian path on the sidewalk. Vendors may not locate within corner visibility areas (at street intersections), nor may they locate within ten feet of fire hydrants, fire escapes, bus stops, handicapped parking spaces or access ramps, loading zones, or fire/police station driveways.

Item 3C - Page 2
City Council Staff Report
November 28, 2022 -- Page 3
Sidewalk Vending Ordinance
Stationary vendors are also restricted from blocking entrances to buildings, blocking building windows, locating in private driveways, or locating in parking spaces. Stationary sidewalk vendors may locate in commercial and industrial zones but are prohibited from setting up in residential neighborhoods. Roaming sidewalk vendors may sell products in all residential and commercial neighborhoods.

While sidewalk vendors are permitted to have carts or racks, they are not permitted to set up tables and chairs, shade structures, freestanding signs , or store merchandise in sidewalk areas. Vendors must keep sidewalk areas clean and in a sanitary condition.

Due to public safety and welfare issues related to food preparation, the ordinance establishes sidewalk vendors may not use an open flame or charcoal fuel in the preparation of food products in public rights -of-way. In addition, vendors may not attach or use electrical cords, gas lines, or water lines as part of the vending operations. Liquids such as water, beverages, grease, and oil shall not be discharged in the street, catch basins, or storm drains.

Municipalities are allowed to establish operational hours for sidewalk vending, provided the hour limitations are not more restrictive than what is generally applicable to other businesses on the same street or in the same district. It is proposed that the operational hours be limited to 8:00 a.m. to 7:00 p.m. in residential districts, and from 8:00 a.m. to 9:00 p.m. in commercial and industrial districts.

State law does not allow municipalities to prohibit sidewalk vendors in public parks but does allow jurisdictions to implement regulations to prevent an overconcentration of vendors as a means to protect the scenic and recreational character of parks. The proposed ordinance would prohibit sidewalk vendors within parks that are less than two acres in size as a means to address overconcentration issues, while allowing vendors in the larger City parks. In addition, it is proposed that sidewalk vendors be prohibited in parks where an exclusive concessionaire agreement is in place.

Consistent with State law, sidewalk vending would be prohibited in the vicinity of farmers’ markets, swap meets, or temporary special events. Temporary special events include City-sponsored events such as VillageFest and parades, as well as private events where the organizer has secured approval from the City to close public rights-of-way.

The ordinance establishes a process for suspension or revocation of a sidewalk vendor business license after four or more violations of the ordinance. An appeal process is available for vendors whose license is suspended or revoked, as is currently in place for all business license holders pursuant to PSMC Chapter 3.68. The ordinance establishes administrative penalties for violations of the ordinance, ranging from $100 to $1,000 depending on the frequency or severity of the offence.

There are three optional requirements related to public safety that the City Council may consider in permitting sidewalk vendors:

Item 3C - Page 3
City Council Staff Report
November 28, 2022 -- Page 4
Sidewalk Vending Ordinance

• Encroachment Permit. Some jurisdictions require that stationary sidewalk vendors obtain an encroachment permit for use of the public sidewalk area; the purpose of an encroachment permit is to monitor or review activities taking place in public rights-of-way and to protect the safety of the general public. City Council may choose to require an encroachment permit as part of the application process, should there be concerns about public safety. Encroachment permits are processed by the Engineering Services Department, and the application fee is $1,710.33. Engineering can process the permits in approximately one week, but the permits require notarized signatures from the applicant as well as City staff , which can cause additional delays. One of the conditions of an encroachment permit is that applicants must maintain general liability insurance. • General Liability Insurance. Some cities require applicants to maintain general liability insurance (generally in the amount of $1,000,000 or more) even though an encroachment permit may not be required. The cost of insurance policies varies based on the applicant and nature of the activity, but generally start around $600 for an annual policy. The purpose of requiring general liability insurance is to protect the City from litigation relative to sidewalk vending activities. • LiveScan Report. Another public safety requirement adopted by some jurisdictions is the requirement for a LiveScan report as part of the application process. The fee assessed by the City for a LiveScan report is currently $38 per individual ; individuals are finger -printed, and a background check is performed. The processing time for the report varies based on the report details for each individual; some reports can be returned in as quickly as 48 hours, while others may take several weeks to process.

Staff has prepared additional ordinance text as Attachment B should the City Council wish to include any or all of these optional requirements.

In preparing the sidewalk vending ordinance, it has been identified that there is potentially a conflict with the existing regulations pertaining to commercial and charitable solicitation contained in PSMC Chapter 5.48. In order to prevent confusion in the administration and enforcement of the ordinances, it is recommended that language be added to the definitions in Chapter 5.48 to identify that sidewalk vending is separate and distinct from commercial solicitation. The proposed ordinance included as Attachment A includes this revised definition.

STAFF ANALYSIS – MOBILE FOOD VENDING VEHICLES:

City Council has directed staff to evaluate the City’s food truck regulations and prepare amendments to update the ordinance. The following table provides a comparison between the City’s food truck regulations and the proposed sidewalk vending ordinance and may help to identify any needed updates or revisions. Please note that mobile food trucks do not enjoy the same protections under State law as are afforded to sidewalk vendors.

Item 3C - Page 4
City Council Staff Report
November 28, 2022 -- Page 5
Sidewalk Vending Ordinance

Regulation Mobile Food Vending Vehicle
PSMC Chapter 6.15
Sidewalk Vending
PSMC Chapter 5.89
Commercial
Zones
Allowed in all commercial
zones but prohibited in the
defined Downtown area.

Allowed in all commercial
zones.

Residential
Zones
Allowed in residential zones if a
customer has pre-ordered
goods.

Stationary vendors prohibited;
roaming vendors allowed.

Public Parks
Not allowed within 500’ of
public parks, except as part of
a special event.

Allowed in all parks over 2
acres in area.

Schools
Not allowed within 500’ of
schools, unless as part of a
farmers’ market. Allowed on
school property upon approval
by school authority.

No restriction relative to
schools.

Private
Property
Allowed on private property
upon approval of a LUP.

Allowed on private property
upon approval of a LUP.

Farmers’ Markets/
Swap Meets
Allowed as part of a farmers’
market or swap meet.

Prohibited in the immediate
vicinity of farmers’ markets or
swap meets.

Street
Restrictions
Only permitted on streets
where the speed limit is less
than 35 mph.

Only restricted where a
temporary special event is
approved.

Hours of
Operations
10/1 to 4/30: 9am – 5pm
5/1 to 9/30: 9am – 7pm
Residential zones: 8am-7pm
Commercial zones: 8am-9pm
Licensing
Requirements
• Business license;
• Mobile Food Facility permit;
• Food handlers card.
• Business license;
• California seller’s permit;
• Mobile food facility permit;
• Food handlers card.

Staff is seeking direction from City Council as to any proposed amendments to the mobile food truck regulations. Based on Council direction, a separate ordinance addressing updates to the mobile food truck ordinance will be brought forward at a future date.

ENVIRONMENTAL ASSESSMENT
:

Item 3C - Page 5
City Council Staff Report
November 28, 2022 -- Page 6
Sidewalk Vending Ordinance

FISCAL IMPACT:

The proposed requirement for sidewalk vendors to obtain a business license will generate additional revenue for the City; however, this revenue will generally offset the additional staffing costs necessary to review and issue licenses and to enforce the ordinance.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Ordinance
B. Additional Ordinance Text – Optional Requirements
C. Senate Bill 946
Item 3C - Page 6

ATTACHMENT A

Item 3C - Page 7
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, ADDING CHAPTER 5.89 TO THE PALM

SPRINGS MUNICIPAL CODE, ESTABLISHING

REGULATIONS ON SIDEWALK VENDING IN
COMPLIANCE WITH SENATE BILL 946.

City Attorney’s Summary
The City Attorney will prepare a summary of Ordinance to be published pursuant to the Government Code.

A. The City of Palm Springs, California (“City”) is a municipal corporation, duly organized under the California Constitution and laws of the State of California; and

B. P ursuant to the police powers delegated to it by the California Constitution, the City has the authority to enact laws which promote the public healt h, safety, and general welfare of its citizens, including sidewalk vending, as long as these are consistent with SB 946; and

C. I n 2018, the California Legislature passed SB 946 which prohibits cities from regulating sidewalk vendors, except in accordance with the provisions of SB 946; and

D. SB 946 applies to both charter and general law cities; and

E. SB 946 authorizes the implementation of regulations that are directly related to objective health, safety, or welfare concerns, and that do not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified; and

F. The permit requirements proposed are consistent with SB 946, as they are reasonable, related to objective health, safety, and welfare concerns, and are based upon compliance with other generally applicable laws including the Americans with Disabilities Act; and

G. The standards imposed on stationary sidewalk vendors requiring a minimum path of accessible travel are necessary to comply with the Americans with Disabilities Act and maintain minimum safe access along public sidewalks; and

H. Standards for maintaining access to building entrances, and not blocking driveways, fire hydrants, parking areas and building storefront windows are necessary to guard the health and saf ety of patrons, drivers, vendors and existing business owners and promote fire suppression and law enforcement practices that allow the City’s safety personnel to observe activities within buildings and maintain access; and

I. The City Council finds and determines that the installation, repair, maintenance, and removal of encroachments in the public way must be regulated in order Item 3C - Page 8
Ordinance No. _____

Page 2 ends

to protect the public health, safety, and welfare and to provide for the orderly administration and maintenance of the public access ways for the benefit of the community, while at the same time allowing reasonable accommodation and cooperative flexibility for providing necessary utility and other convenience services to the community; and

J. The City Council finds that public and private persons who maintain and/or install encroachments in the public way bear a responsibility to help preserve the public way and to contribute to the administrative and liability costs incurred by the community and caused by such encroachments; and

K. The City Council finds that, unless properly regulated, sidewalk vending poses a unique risk to the health, safety, and welfare of the public, including, but not limited to, impacts to traffic, pedestrian safety, mobility, unsanitary conditions involving food preparation, risks to children, and consumer protection; and

L. The inherent nature of sidewalk vending and the ability of such vendors to be located on private property and public streets and move quickly from place to place in the community, including near parks, schools, and other places frequented by children, warrants imposing certain regulatory measures to protect the health, safety, and welfare of the community; and

M. SB 946 continues to authorize cities to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by a city; and

N. The City Council finds that, unless properly regulated, sidewalk vending in public parks may infringe on the use and enjoyment of the park, and regulations are necessary to prevent an undue concentration of commercial activity that interferes with the scenic and natural character of the park; and

O. Fraud or misrepresentation in the course of vending constitutes an objective harm to the health, safety, and welfare of the City’s residents; and

P. Fraud or misrepresentation in the application for the permit constitutes an objective harm to health, safety, and welfare of the City’s residents; and

Q. Vending in a manner that creates a public nuisance or constitutes a danger to the public constitutes an objective harm to the health, safety, and welfare of the City’s residents.

THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY Item 3C - Page 9
Ordinance No. _____

Page 3 ends

ORDAIN AS FOLLOWS:

SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.

SECTION 2. Chapter 5.89 is hereby added to the Palm Springs Municipal Code to read as follows:

Chapter 5.89 SIDEWALK VENDING.

Section 5.89.010 Purpose.

The City finds that the vending of prepared or pre- packaged foods, goods, and/or wares at semi -permanent locations on public sidewalks and rights -of-way may pose unsafe conditions and special dangers to the public health, safety, and welfare of residents and visitors. The purpose of this Chapter is to implement regulations on both roaming and stationary sidewalk vending that protect the public health, safety, and welfare of the community while complying with the requirements of general state law, as amended from time to time, to promote safe vending practices, prevent safety, traffic, and health hazards, and preserve the public peace, safety, and welfare of the community.

Section 5.89.020 Definitions.

For purposes of this Chapter, the following definitions apply:

A. “Certified Farmers’ Market” means a location operated in accordance with Chapter

10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter.

B. “City” means the City of Palm Springs.

C. “Park” means a public park owned by the City.

D. “Roaming sidewalk vendor or vending” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.

E. “Sidewalk vendor or vending” means a person who sells, offers to sell, operates, engages in, or carries on a food or merchandise vending business from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path. “Sidewalk vendor or vending” does not mean a “solicitor,” as that term is defined in PSMC Section 5.48.010.

F. “Stationary sidewalk vendor or vending” means a sidewalk vendor who vends from Item 3C - Page 10
Ordinance No. _____

Page 4 ends

a fixed location.

G. “Swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.

H. “Temporary Special Event” means an event that is permitted pursuant to Palm Springs Zoning Code Section 94.02.01, or as otherwise permitted and authorized by the City.

Section 5.89.030 Permits Required.

A. All sidewalk vendors shall obtain a business license from the City prior to engaging in any sidewalk vending activities. The following information shall be required:

1. Name, current mailing address, and phone number of the vendor.

2. If the vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.

3. A description of the merchandise/goods to be offered for sale or exchange, and the days/hours of sales.

4. A copy of the California seller’s permit with the sales tax number issued by the California Department of Tax and Fee Administration to the vendor.

5. A copy of the valid California Driver’s license issued to the vendor , a copy of the individual taxpayer identification number issued to the vendor or a municipal identification number. Any such identification number(s ) or license(s) collected shall not be available to the public for inspection and shall remain confidential and not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order.

6. I f preparing or selling food, a copy of the County Health Department permit issued to the vendor.

7. If the vendor proposes to be a stationary sidewalk vendor, a description or site plan map of the proposed location(s) where vending will take place, showing that the sidewalk location maintains a minimum of seventy- two inches (72”) of accessible route area, in compliance with the Americans with Disabilities Act.

8. A certification by the vendor that to his or her knowledge and beli ef, the information contained in the application is true.

Item 3C - Page 11
Ordinance No. _____

Page 5 ends

B. At the time the application or renewal application is filed, the application shall pay the permit processing fee established by separate resolution of the City Council.

Section 5.89.040 Review of Permit Application; Decision.

A. Upon acceptance of a proper ly completed and filed sidewalk vendor permit application, the City Manager or designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The City Manager or designee shall provide the applicant with written notice of his or her decision to the address indicated in the application.

B. The City Manager or designee may deny an application for a permit if he or she makes any of the following findings:

1. The applicant has failed to pay the application permit fee.

2. The applicant has made one or more material misstatements in the application for a permit.

3. The applicant does not have a valid California Driver’s license; or valid individual taxpayer identification number; or a municipal identification number.

4. The applicant's vending operation, as described in the application, is inconsistent with the standards, conditions, and requirements of this Chapter.

5. It is determined that the applicant does not possess all federal, state, and local permits and licenses necessary to engage in the activity in which he or she seeks to engage.

C. If the application is denied, the reasons for disapproval shall be noted on the application, and the applicant shall be notified that his or her application is denied and that no permit will be issued. Notice shall be mailed to the applicant at the address shown on the application form.

D. If the City Manager or designee approves the applicant's permit, he or she shall endorse his or her approval on the application and shall, upon payment of the prescribed fee, deliver the permit to the applicant.

E. Exemptions. A sidewalk vending permit shall not be required for the following activities:

Item 3C - Page 12
Ordinance No. _____

Page 6 ends

1. The sale of agriculture products on the site where the product is grown.

2. Catering for private parties held exclusively on private property and not open to the general public.

3. Events permitted pursuant to a lawfully issued temporary event permit including but not limited to a Certified Farmers’ Market, Swap Meet, street fairs, outdoor concerts, sport league opening day, and business sidewalk sales.

4. First Amendment protected vending.

F. Term of permit. A business license issued pursuant to this Chapter shall automatically expire one (1) year from the date issued, unless an earlier expiration date is noted on the permit.

G. Transferability. A sidewalk vending permit shall not be transferable to any other entity or person and is valid only as to the original applicant for the term stated.

Section 5.89.050 Stationary Sidewalk Vending Locations and Standards.

A. Stationary sidewalk vendors shall be prohibited from operating or establishing in any residential zone of the City, including the G-R- 5, R-1, R-G-A, R-2, R-3, R-4, R-4-VP, and R-MHP zones.

B. Stationary sidewalk vendors may operate in non- residential zones of the City, including mixed use zones, provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

5.89.030; and

2. The sidewalk vendor can set up their vending operation while still leaving a minimum of seventy-two inches (72”) of accessible path of travel, w ithout obstruction, along the public sidewalk or public pathway; and

3. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

4. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; and

5. If the sidewalk vendor is selling food, all employees shall possess a current food handler’s card, issued by the County; and

Item 3C - Page 13
Ordinance No. _____

Page 7 ends

6. Sidewalk vending hours shall be conducted between the hours of 8:00 AM and 9:00 PM of every day; and

7. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

8. The sidewalk vendor location does not block entrances to private buildings, private driveways, parking spaces or building windows; and

9. No vending shall occur within ten (10) feet of a fire hydrant, fire escape, bus stop, loading zone, handicapped parking space or access ramp, fire station driveway, or police station driveway; and

10. No tables, chairs, fences, shade structures, other site furniture, or any freestanding signs shall be permitted in conjunction with the vendors vending activities; and

11. The vendor shall not attach or use any water lines, electrical lines, or gas lines during vending operations; and

12. Exterior storage or display of refuse, equipment, materials, goods, wares, or merchandise associated with the vendor is prohibited; and

13. No vending shall occur within the immediate vicinity of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporary Event Permit; and

14. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into the City streets, storm drains, catch basins, or sewer facilities. All discharges shall be contained and properly disposed of by the sidewalk vendor; and

15. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway.

16. The sidewalk vendor shall not use open flame or charcoal in the preparation of food products while in the public right-of-way, nor shall smoke or noxious fumes be produced in the preparation of food products in the public right - of-way.

Item 3C - Page 14
Ordinance No. _____

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Section 5.89.060 Sidewalk Vending in Parks, Certified Farmer’s Markets.

A. Sidewalk vending of food or merchandise by stationary vendors shall be prohibited in any City Park with a concession stand operated by a vendor under exclusive contract with the City selling similar food or merchandise or in an area occupied by a Certified Farmer’s Market.

B. Sidewalk vendors may operate in City Parks provided they meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

5.89.030; and

2. Sidewalk vending shall not be permitted within any public park that is less than two (2) acres in area; and

3. For stationary sidewalk vending, the sidewalk vendor can set up their vending operation while still leaving a minimum of seventy-two inches (72”) of accessible path of travel, without obstruction, along the public sidewalk or public pathway; and

4. The sidewalk vendor shall cease operations one (1) hour prior to the close of the park; and

5. The sidewalk vendor maintains the vending area in a clean, orderly, and sanitary condition; and

6. If the sidewalk vendor is selling food, the sidewalk vendor shall display a valid Health Permit issued by the County in a conspicuous location on any food cart; and

7. Any sidewalk vendor food cart shall possess a current decal sticker posted on the food cart; and

8. The sidewalk vendor location does not block entrances to buildings, driveways, parking spaces, or building windows; and

9. No vending shall occur within the immediate vicinity of an event held pursuant to a Temporary Event Permit; and

10. The sidewalk vendor shall not discharge any liquid (e.g., water, grease, oil, etc.) onto or into City streets, storm drains, catch basins, or sewer facilities.

All discharges shall be contained and properly disposed of by the sidewalk vendor; and

11. No vending shall occur within a corner cutoff area. A corner cutoff area is Item 3C - Page 15
Ordinance No. _____

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that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway.

Section 5.89.070 Roaming Sidewalk Vending.

A. Roaming sidewalk vendors shall meet the following:

1. The sidewalk vendor is duly licensed and meets all requirements of section

5.89.030; and

2. Sidewalk vending hours for residential zones shall be conducted between the hours of 8:00 AM and 7:00 PM; and

3. Sidewalk vending hours for non- residential zones shall be conducted between the hours of 8:00 AM and 9:00 PM of every day; and

4. The sidewalk vendor maintains their temporary vending area in a clean, orderly, and sanitary condition; and

5. The sidewalk vendor does not block entrances to buildings, driveways, parking spaces, or building windows; and

6. The sidewalk vendor does not conduct sales from a public street.

7. No vending shall occur within the immediate vicinity of a Certified Farmers’ Market, a Swap Meet, or an event held pursuant to a Temporar y Event Permit; and

8. No vending shall occur within a corner cutoff area. A corner cutoff area is that area at all intersecting and intercepting streets or highways. The cutoff line shall be in a horizontal plane, making an angle of forty-five (45) degrees with the side, front, or rear property line, as the case may be. It shall pass through the points located on both sides and front or rear property lines at a distance of thirty (30) feet from the intersection of such lines at the corner of a street or highway.

Section 5.89.080 Suspension; Rescission.

A. A sidewalk vendor permit issued under this Chapter may be suspended or rescinded by the City Manager or designee after four or more violations of this Chapter in accordance with Section 5.89 .100 of this Chapter, at their discretion, Item 3C - Page 16
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for any of the following causes:

1. Fraud or misrepresentation in the course of vending;

2. Fraud or misrepresentation in the application for the permit;

3. Vending in a manner that creates a public nuisance or constitutes a danger to the public.

B. Notice of the suspension or rescission of a s idewalk vendor permit issued under this Chapter shall be mailed, postage prepaid, to the holder of the sidewalk vendor permit at his or her last known address.

C. No person whose street vending permit has been revoked pursuant to this chapter shall be issued a street vending permit for a period of two (2) years from the date revocation becomes final.

Section 5.89.090 Appeals.

In the event that any applicant or permittee desires to appeal from any order, rescission, or other ruling of the City Manager or designee made under the provisions of this Chapter, such applicant or any other person aggrieved shall have the right to appeal such action or decision pursuant to PSMC Section 3.68.010.

Section 5.89.100 Penalties.

A. It is unlawful for any person to violate any provision or fail to comply with any requirements of this Chapter. A violation of this Chapter shall by punished by:

1. An administrative fine not exceeding $100 for a first violation.

2. An administrative fine not exceeding $200 for a second violation within one (1) year of the first violation.

3. An administrative fine not exceeding $500 for each additional violation within one (1) year of the first violation.

B. A violation of vending without a sidewalk vending permit, may, in lieu of the penalties set forth in subsection (A), set forth above, be punished by:

1. An administrative fine not exceeding two hundred fifty ($250) dollars for a first violation.

2. An administrative fine not exceeding five hundred dollars ($500) for a second violation within one (1) year of the first violation.

Item 3C - Page 17
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3. An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one (1) year of the first violation.

C. If an individual is subject to subsection (B), set forth above, for vending without a sidewalk vending permit, upon the individual providing proof of a valid permit issued by the City, the administrative fines set forth in this Chapter shall be reduced to the administrative fines set forth in subsection (A), respectively.

D. The proceeds of any administrative fines assessed pursuant to this Chapter shall be deposited in the treasury of the City.

E. Failure to pay an administrative fine assessed under this Chapter shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in this Chapter shall not be assessed.

F. Any violation of this Chapter shall not be punishable as an infraction or misdemeanor, and any person alleged to have violated any provisions of this Chapter shall not be subject to arrest except when otherwise permitted under law.

G. When assessing an administrative fine pursuant to this Chapter, the adjudicator shall take into consideration the person’s ability to pay the fine. The City shall provide the person with notice of his or her right to request an ability -to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability -to- pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.

1. If the person meets the criteria described in subdivision (a) or (b) of Government Code section 68632, the City shall accept, in full satisfaction, twenty (20) percent of the administrative fine imposed pursuant to this Chapter.

2. The City may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.

H. A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misd emeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under SB 946 had SB 946 been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case.

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I. Nothing contained herein shall be construed to impede the City’s or County’s ability to enforce County Health Department codes and regulations.

SECTION 3
. Section 5.48.010 of the Palm Springs Municipal Code is hereby amended to rescind and replace the definition of “Solicitor” as follows:

“Solicitor” means any person, whether a resident of the city or not, engaged in solicitation. The term “solicitor” does not include any person carrying, conveying, delivering, or transporting dairy products, newspapers or other goods to regular customers on established routes or to the premises of any person who had previously ordered such products or goods and is entitled to receive the same, nor does it include a “sidewalk vendor or vending,” as that term is defined in PSMC Section 5.89.010.

SECTION 4
. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 5
. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment [14 Cal. Code Regs. § 15378(a)]. Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment [14 Cal. Code Regs. § 15061(b)(3)].

SECTION 6
. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.

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

LISA MIDDLETON
MAYOR

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ATTEST:

BRENDA PREE, MMC

CITY CLERK

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 3C - Page 21

ATTACHMENT B

Item 3C - Page 22
Optional Regulations: Page 1

ATTACHMENT B

OPTIONAL REGULATIONS

Encroachment Permits. Should the City Council choose to require an encroachment permit for stationary sidewalk vendors, the following language would be added to Section

5.89.030:

Section 5.89.030 Permits Required.

A.
(X) If the vendor proposes to be a sidewalk vendor, an encroachment permit pursuant to Chapter 14.16 of the Palm Springs Municipal Code; and

General Liability Insurance. Should the City Council choose to require general liability insurance for all sidewalk vendors, the following language would be added to Section

5.89.030:

5.89.030 Permits Required.

A.(
X) A copy of general liability policy naming the City as additional insured in the amount of $1,000,000; and

LIveScan Background Check. Should the City Council choose to require applicants to submit a LiveScan background report, the following language would be added to Section

5.89.030 and Section 5.89.040:

Section 5.89.030 Permits Required.

X. Prior to the issuance of a sidewalk vendor permit, the applicant shall cause to be filed with the City Manager or designee a LiveScan background check conducted by the California Department of Justice within the previous six (6) months of the application date.

5.89.040 Review of Permit Application; Decision.

A. Upon acceptance of a properly completed and filed sidewalk vendor permit application
and receipt of an acceptable LiveScan report issued by the Department of Justice , the City Manager or designee shall conduct a preliminary investigation to determine compliance with this Chapter and shall make such determination within no more than thirty (30) days of acceptance to approve or deny the application. The City Manager or designee shall provide the applicant with written notice of his or her decision Item 3C - Page 23
Optional Regulations: Page 2

to the address indicated in the application.

B.(X) Within three (3) years of the date of the application, the applicant has been convicted in a court of competent jurisdiction or pled nolo contendere to any felony offense involving the sale of a controlled substance specified in California Health and Safety Code sections 11054, 11055, 11056, 11057 or 11058, or at the time of application is on probation or parole for any offenses set forth in this section for an offense that was committed within three (3) years of the date of the application.

Item 3C - Page 24

ATTACHMENT C
Item 3C - Page 25
11/16/22, 5:58 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 1/6 SHARE THIS:

Date Published: 09/17/2018 09:00 PM
SB-946 Sidewalk vendors. (2017-2018)
Senate Bill No. 946
CHAPTER 459
An act to add Chapter 6.2 (commencing with Section 51036) to Part 1 of Division 1 of Title 5 of the Government Code, relating to sidewalk vendors.
[ Approved by Governor September 17, 2018. Filed with Secretary of State September 17, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST
SB 946, Lara. Sidewalk vendors.

Existing law authorizes a local authority, by ordinance or resolution, to adopt requirements for the public safety regulating any type of vending and the time, place, and manner of vending from a vehicle upon a street.

This bill would prohibit a local authority, as defined, from regulating sidewalk vendors, except in accordance with the provisions of the bill. The bill would provide that a local authority is not required to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the provisions of the bill. The bill would apply these provisions to a chartered or general law city, county, or city and county.

The bill would require a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The bill would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns.

The bill would also authorize a local authority to prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market and a permitted swap meet, as specified, and to restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, as specified. A violation would be punishable only by an administrative fine, as specified, pursuant to an ability-to-pay determination, and proceeds would be deposited in the treasury of the local authority.

The bill would require the dismissal of any criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors that have not reached final judgment. The bill would also authorize a person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, as specified, to petition for dismissal of the sentence, fine, or conviction.

Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Item 3C - Page 26
~~-7 ~ IVE INFORMATION
11/16/22, 5:58 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 2/6 Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

Vote: majority Appropriation: no Fiscal Committee: no Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. (a) The Legislature finds and declares all of the following:
(1) Sidewalk vending provides important entrepreneurship and economic development opportunities to low- income and immigrant communities.
(2) Sidewalk vending increases access to desired goods, such as culturally significant food and merchandise. (3) Sidewalk vending contributes to a safe and dynamic public space. (4) The safety and welfare of the general public is promoted by encouraging local authorities to support and properly regulate sidewalk vending.
(5) The safety and welfare of the general public is promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations.
(6) This act applies to any city, county, or city and county, including a charter city. The criminalization of small business entrepreneurs, and the challenges that those entrepreneurs face as a result of a criminal record, are matters of statewide concern. Further, unnecessary barriers have been erected blocking aspiring entrepreneurs from accessing the formal economy, harming California’s economy in the process, and disrupting the regulation of business, which is a matter of statewide concern. Moreover, California has an interest in the regulation of traffic, a matter of statewide concern, whether in ensuring the appropriate flow of traffic or in ensuring the safety of pedestrians on the road or the sidewalk.
(b) It is the intent of the Legislature to promote entrepreneurship and support immigrant and low-income communities.

SEC. 2. Chapter 6.2 (commencing with Section 51036) is added to Part 1 of Division 1 of Title 5 of the Government Code, to read:

CHAPTER 6.2. Sidewalk Vendors
51036. For purposes of this chapter, the following definitions apply:
(a) “Sidewalk vendor” means a person who sells food or merchandise from a pushcart, stand, display, pedal- driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one’s person, upon a public sidewalk or other pedestrian path.
(b) “Roaming sidewalk vendor” means a sidewalk vendor who moves from place to place and stops only to complete a transaction.
(c) “Stationary sidewalk vendor” means a sidewalk vendor who vends from a fixed location. (d) “Local authority” means a chartered or general law city, county, or city and county. 51037. (a) A local authority shall not regulate sidewalk vendors except in accordance with Sections 51038 and 51039.
(b) Nothing in this chapter shall be construed to affect the applicability of Part 7 (commencing with Section 113700) of Division 104 of the Health and Safety Code to a sidewalk vendor who sells food. (c) Nothing in this chapter shall be construed to require a local authority to adopt a new program to regulate sidewalk vendors if the local authority has established an existing program that substantially complies with the requirements in this chapter.
51038. (a) A local authority may adopt a program to regulate sidewalk vendors in compliance with this section.

Item 3C - Page 27
11/16/22, 5:58 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 3/6 (b) A local authority’s sidewalk vending program shall comply with all of the following standards:
(1) A local authority shall not require a sidewalk vendor to operate within specific parts of the public right-of- way, except when that restriction is directly related to objective health, safety, or welfare concerns. (2) (A) A local authority shall not prohibit a sidewalk vendor from selling food or merchandise in a park owned or operated by the local authority, except the local authority may prohibit stationary sidewalk vendors from vending in the park only if the operator of the park has signed an agreement for concessions that exclusively permits the sale of food or merchandise by the concessionaire. (B) Notwithstanding subparagraph (A), a local authority may adopt additional requirements regulating the time, place, and manner of sidewalk vending in a park owned or operated by the local authority if the requirements are any of the following:
(i) Directly related to objective health, safety, or welfare concerns. (ii) Necessary to ensure the public’s use and enjoyment of natural resources and recreational opportunities.
(iii) Necessary to prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park.
(3) A local authority shall not require a sidewalk vendor to first obtain the consent or approval of any nongovernmental entity or individual before he or she can sell food or merchandise. (4) (A) A local authority shall not restrict sidewalk vendors to operate only in a designated neighborhood or area, except when that restriction is directly related to objective health, safety, or welfare concerns. (B) Notwithstanding subparagraph (A), a local authority may prohibit stationary sidewalk vendors in areas that are zoned exclusively residential, but shall not prohibit roaming sidewalk vendors. (5) A local authority shall not restrict the overall number of sidewalk vendors permitted to operate within the jurisdiction of the local authority, unless the restriction is directly related to objective health, safety, or welfare concerns.
(c) A local authority may, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending if the requirements are directly related to objective health, safety, or welfare concerns, including, but not limited to, any of the following:
(1) Limitations on hours of operation that are not unduly restrictive. In nonresidential areas, any limitations on the hours of operation for sidewalk vending shall not be more restrictive than any limitations on hours of operation imposed on other businesses or uses on the same street. (2) Requirements to maintain sanitary conditions.
(3) Requirements necessary to ensure compliance with the federal Americans with Disabilities Act of 1990 (Public Law 101-336) and other disability access standards. (4) Requiring the sidewalk vendor to obtain from the local authority a permit for sidewalk vending or a valid business license, provided that the local authority issuing the permit or business license accepts a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the local authority otherwise requires a social security number for the issuance of a permit or business license, and that the number collected shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or licensure program or comply with a state law or state or federal court order. (5) Requiring the sidewalk vendor to possess a valid California Department of Tax and Fee Administration seller’s permit.
(6) Requiring additional licenses from other state or local agencies to the extent required by law. (7) Requiring compliance with other generally applicable laws. (8) Requiring a sidewalk vendor to submit information on his or her operations, including, but not limited to, any of the following:

Item 3C - Page 28
11/16/22, 5:58 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 4/6 (A) The name and current mailing address of the sidewalk vendor. (B) A description of the merchandise offered for sale or exchange. (C) A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true.
(D) The California seller’s permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor.
(E) If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal.
(d) Notwithstanding subdivision (b), a local authority may do both of the following:
(1) Prohibit sidewalk vendors in areas located within the immediate vicinity of a permitted certified farmers’ market or a permitted swap meet during the limited operating hours of that certified farmers’ market or swap meet. A “certified farmers’ market” means a location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that chapter. A “swap meet” means a location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that article.
(2) Restrict or prohibit sidewalk vendors within the immediate vicinity of an area designated for a temporary special permit issued by the local authority, provided that any notice, business interruption mitigation, or other rights provided to affected businesses or property owners under the local authority’s temporary special permit are also provided to any sidewalk vendors specifically permitted to operate in the area, if applicable. For purposes of this paragraph, a temporary special permit is a permit issued by the local authority for the temporary use of, or encroachment on, the sidewalk or other public area, including, but not limited to, an encroachment permit, special event permit, or temporary event permit, for purposes including, but not limited to, filming, parades, or outdoor concerts. A prohibition of sidewalk vendors pursuant to this paragraph shall only be effective for the limited duration of the temporary special permit. (e) For purposes of this section, perceived community animus or economic competition does not constitute an objective health, safety, or welfare concern.
51039. (a) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038 is punishable only by the following:
(A) An administrative fine not exceeding one hundred dollars ($100) for a first violation. (B) An administrative fine not exceeding two hundred dollars ($200) for a second violation within one year of the first violation.
(C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation.
(2) A local authority may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
(3) (A) If a local authority requires a sidewalk vendor to obtain a sidewalk vending permit from the local authority, vending without a sidewalk vending permit may be punishable by the following in lieu of the administrative fines set forth in paragraph (1):
(i) An administrative fine not exceeding two hundred fifty dollars ($250) for a first violation. (ii) An administrative fine not exceeding five hundred dollars ($500) for a second violation within one year of the first violation.
(iii) An administrative fine not exceeding one thousand dollars ($1,000) for each additional violation within one year of the first violation.
(B) Upon proof of a valid permit issued by the local authority, the administrative fines set forth in this paragraph shall be reduced to the administrative fines set forth in paragraph (1), respectively.

Item 3C - Page 29
11/16/22, 5:58 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 5/6 (b) The proceeds of an administrative fine assessed pursuant to subdivision (a) shall be deposited in the treasury of the local authority.
(c) Failure to pay an administrative fine pursuant to subdivision (a) shall not be punishable as an infraction or misdemeanor. Additional fines, fees, assessments, or any other financial conditions beyond those authorized in subdivision (a) shall not be assessed.
(d) (1) A violation of a local authority’s sidewalk vending program that complies with Section 51038, or a violation of any rules or regulations adopted prior to January 1, 2019, that regulate or prohibit sidewalk vendors in the jurisdiction of a local authority, shall not be punishable as an infraction or misdemeanor, and the person alleged to have violated any of those provisions shall not be subject to arrest except when permitted under law. (2) Notwithstanding any other law, paragraph (1) shall apply to all pending criminal prosecutions under any local ordinance or resolution regulating or prohibiting sidewalk vendors. Any of those criminal prosecutions that have not reached final judgment shall be dismissed.
(e) A local authority that has not adopted rules or regulations by ordinance or resolution that comply with Section 51037 shall not cite, fine, or prosecute a sidewalk vendor for a violation of any rule or regulation that is inconsistent with the standards described in subdivision (b) Section 51038. (f) (1) When assessing an administrative fine pursuant to subdivision (a), the adjudicator shall take into consideration the person’s ability to pay the fine. The local authority shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
(2) If the person meets the criteria described in subdivision (a) or (b) of Section 68632, the local authority shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to subdivision (a). (3) The local authority may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition. (g) (1) A person who is currently serving, or who completed, a sentence, or who is subject to a fine, for a conviction of a misdemeanor or infraction for sidewalk vending, whether by trial or by open or negotiated plea, who would not have been guilty of that offense under the act that added this section had that act been in effect at the time of the offense, may petition for dismissal of the sentence, fine, or conviction before the trial court that entered the judgment of conviction in his or her case. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to dismiss the sentence or fine, if applicable, and dismiss and seal the conviction, because the sentence, fine, and conviction are legally invalid. (3) Unless requested by the petitioner, no hearing is necessary to grant or deny a petition filed under paragraph (1).
(4) If the court that originally sentenced or imposed a fine on the petitioner is not available, the presiding judge shall designate another judge to rule on the petition. (5) Nothing in this subdivision is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner.
(6) Nothing in this subdivision or related provisions is intended to diminish or abrogate the finality of judgments in any case not falling within the purview of this chapter.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 51038 to the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution.

Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

Item 3C - Page 30
11/16/22, 5:58 PM Bill Text - SB-946 Sidewalk vendors.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180SB946 6/6 The Legislature finds and declares that in order to protect the privacy of a sidewalk vendor with regard to his or her California driver’s license or identification number, individual taxpayer identification number, or municipal identification number, when that number is collected in lieu of a social security number for purposes of the issuance of a permit or business license, it is necessary that the sidewalk vendor’s number be confidential, except as provided in this act.

Item 3C - Page 31

CITY COUNCIL STAFF REPORT
11/28/2022
SUBJECT:

CLIMATE ACTION PROGRESS UPDATE
RECOMMENDATION:

Receive the report and provide direction to staff.

Attachments
Item 3D

CITY COUNCIL STAFF REPORT

DATE: NOVEMBER 28, 2022 BUSINESS & LEGISLATIVE

SUBJECT: CLIMATE ACTION PROGRESS UPDATE

FROM: Teresa Gallavan, Interim City Manager

BY: Department of Sustainability

SUMMARY:

The Department of Sustainability has been requested to provide a progress report on key climate action initiatives relative to the City Council’s Priorities and the Climate Action Roadmap. This report provides an overview of accomplishments and future efforts; a more detailed presentation will be provided at the November 28, 2022 City Council meeting.

RECOMMENDATION:

Receive the report and provide direction to staff.

BACKGROUND:

The City Council most recently reviewed the Climate Action Roadmap, which was prepared by the Sustainability Commission and the Office of Sustainability, in October of 2021. The Roadmap provided an update on Palm Springs’ greenhouse gas emissions profile and key accomplishments and outlines a number of initiatives across f our categories: data, transportation, residential and commercial buildings, and other community emissions. The Roadmap also discusses efforts to mitigate current and future climate impacts on residents and details high- value products to reduce emissions attributable to City government operations.

The City Council also placed significant weight on environmental sustainability in their 2021 Priorities with environmental stewardship as the second of four priority areas.

Priority projects include accelerating the Climate Action Plan, considering new policies, and developing internal policies and practices, most of which parallel the Climate Action Roadmap.

Item 3D - Page 1
City Council Staff Report
November 28, 2022 -- Page 2
Climate Action Progress Update

STAFF ANALYSIS:

The City of Palm Springs, thanks to leadership from the City Council, the Sustainability Commission, and current and former City staff, has established itself as a leader in municipal environmental action. The federal and state environment for climate action has dramatically improved in the last twelve months. However, as last summer’s Vulnerability Assessment for the City of Palm Springs underscored, actions at the municipal level will need to increase in pace in order to confront the climate crisis and protect all residents, particularly those most vulnerable to climate impacts here in Palm Springs. The Department wishes to present a brief progress report and opportunity for discussion on the Climate Action Roadmap and Council Priorities.

2022 Progress

The team continued to deliver results on the programs laid out in the Climate Action Roadmap and in the Council’s Priorities in 2022 despite being limited by staff capacity, through working in close collaboration with other City departments, the Sustainability Commission, and other partner agencies. As the Council discussed in several 2022 meetings, the Department and Palm Springs Disposal Services (PSDS) launched several efforts to comply with SB1383, the statewide law requiring residential organics collection.

Single-family residences began receiving organics pickup services at the beginning of October, and multi -family residences began receiving these services between mid- October and mid-November.

Recently, the Council also approved a match to Desert Water Agency (DWA)’s turf conversion rebate, responding to historic droughts and increased risk to water supplies as described in the Vulnerability Assessment by supporting Palm Springs residents in their attempts to reduce their long-term water requirements.

Desert Community Energy (DCE) provided great value to the City and its residents by providing carbon-free electricity to the majority of Palm Springs’ electricity subscribers, as shown in Attachment D, DCE’s 2021 Power Content Label. Implementation of the DCE Community Choice Aggregation (CCA) program continues to account for a roughly 20% drop in citywide emissions from 2019 levels.

The Department also continues to operate a number of communit y programs to encourage sustainability, including everything from quarterly shredding and e- waste events to battery recycling to the Michele Mician Community Garden, and provides rebates for interested businesses to adopt electric leaf blowers, sustainable foodware, and energy efficiency improvements.

2023 Key Initiatives

While work continues to advance all of the Roadmap and Council priorities, a few have been selected for more detailed discussion in this progress update.

Item 3D - Page 2
City Council Staff Report
November 28, 2022 -- Page 3
Climate Action Progress Update

• EV Charging: The City of Palm Springs, via a public -private partnership model, has supported the provision of public -access charging stations across the city, focusing on dense commercial areas where residents and visitors are likely to congregate, such as the Art Museum’s parking garage. The City also maintains a fleet of older EV chargers at several public facilities that provide free charging for 2-hour periods. In 2023, the City will focus on the expansion of chargers to more public lots and facilities as part of our Phase 2 public -private partnership expansion. The team is also pursuing a dramatic expansion of EV charging access for City fleet use, preparing to meet and exceed new CARB requirements governing fleet vehicle replacement.
• Turf Conversion Master Planning: Alongside work to help residents convert their lawns from turf grass to low -water landscapes, staff w ill focus on helping City properties complete similar conversions. The department will build on leadership from the Parks & Recreation Department, currently in the process of updating their turf conversion master plan, to identify timelines and project plans for phasing out remaining areas of non- functional turf at City facilities, replacing them with low - water landscapes that contribute to the natural environment. • Biking and Alternative Mobility: Transportation emissions still represent the largest segment of Palm Springs’ emissions profile. In order to identify detailed actions to promote walking, biking, and rolling through the city as a way to reduce emissions for in -town trips, staff will support the Sustainability Commission and local advocates as they execute a surveying and data collection effort to understand how residents and visitors move around the City of Palm Springs. This data will be used to support future project planning efforts that aim to increase the percentage of people who are avoiding personal cars for in-town trips. • Energy Efficiency Ordinances: The Commission has drafted two ordinances that would require energy intensive new businesses to ado pt energy -efficient and water-efficient technologies, reducing their impact on the city, and would require certain cost-effective energy efficiency retrofits to be completed in older homes.

Staff is completing stakeholder outreach on these initiatives for presentation to the City Council shortly.

Enforcement Opportunities

The Department of Sustainability works closely with Code Compliance to monitor and enforce local sustainability ordinances, including ordinances regarding gas-powered leaf blowers and single-use plastic foodware.

• Leaf Blowers : The Council has reviewed compliance with the Leaf Blower ordinance on a few occasions, most recently in September 2021. This year, just over 400 complaints have been received regarding gas -powered leaf blower use, and just over 25% of those complaints are repeat complaints regarding the same property. While many landscapers and residents have adopted electric leaf Item 3D - Page 3
City Council Staff Report
November 28, 2022 -- Page 4
Climate Action Progress Update

blowers, the use of gas -powered leaf blowers persists for a variety of reasons – convenience, familiarity, ease of access, cost, etc. In order to issue a fine, violations must also be witnessed by the appropriate compliance officer, which can be challenging due to the nature of how the leaf blowers are used. The State of California recently passed a law banning the sale of most gas -powered lawn equipment, including leaf blowers, across the state beginning in 2024. The Department continues to offer rebates for landscapers who wish to purchase an electric leaf blower, but no rebates have been sought since August of 2022. Staff would seek direction from City Council on any additional enforcement actions or education tools that may assist in increasing compliance with the ordinance. • Foodware: The ordinance phasing out single -use plastics for food service is in a grace period, allowing local businesses until January 2023 to implement improvements, after which time fines may be issued if businesses are not in compliance. We will follow a similar reporting model as for the gas -powered leaf blowers, which utilizes the myPalmSprings app and complaints to Code Enforcement to supplement staff visits and checks.

ALIGNMENT WITH STRATEGIC PLANNING:

This work aligns with Council Priority 2, Environmental Stewardship.

FISCAL IMPACT:

The Department’s work in FY22-23 is funded from the Recycling and Sustainability funds in the City’s budget and by an allocation made by the City Council toward climate action projects.

REVIEWED BY:

Department Director: Lindsey-Paige McCloy
Assistant City Manager: Flinn Fagg
Interim City Manager: Teresa Gallavan

ATTACHMENTS:

A. Climate Action Roadmap
B. City Council Priorities
C. Climate Vulnerability Assessment
D. 2021 Power Content Label from Desert Community Energy Item 3D - Page 4

ATTACHMENT A

Item 3D - Page 5
Draft for October 28, 2021, City Council Meeting

City of Palm Springs, California

OFFICE OF SUSTAINABILITY

Climate Action
Roadmap
Item 3D - Page 6
City of Palm Springs Climate Action Roadmap – October 28, 2021 2 Climate Action Roadmap
1 INTRODUCTION
On October 15, 2019, the Palm Springs Sustainability Commission met to discuss how to move forward with discussions and potential further actions to address the climate change. At that meeting, the group agreed that the City should develop a roadmap to acknowledge the seriousness of our current climate crisis, describe what the City has already done and plans to do to address climate change, and identify potential additional actions.

This document responds to that request and is intended to serve as a focus for further discussions among the Commission and the City Council. It also serves as an initial step in developing more detailed climate goals and strategies to include in a future iteration of the City’s Sustainability Plan. 2 ACKNOWLEDGEMENT OF THE CURRENT CLIMATE CRISIS
The City of Palm Springs recognizes that climate change is real and is having a dramatic impact on our environment, our economy, and our way of life. Globally, we know that sea levels are rising, polar ice is retreating, permafrost is melting, and fires are increasing. In August, the United Nations released a major report indicating that many of these devastating impacts can no longer be avoided.
1 Here
in the Coachella Valley, the summer of 2021 saw new heat records, and a wildfire at Snow Creek in 2020 came close to the City limits.

Climate change is and will continue to manifest in Palm Springs in obvious ways: longer periods of drought; more frequent, above-average storm events; longer summers;
more frequent and intense wildfires; and higher
temperatures. It is also affecting life in the Valley in less visible ways. For example, changes in climate are having a significant impact on our local habitat. Staff at the Coachella Valley Association of Governments has indicated that
populations of mammals and arthropods nearly crashed
during recent droughts and dry spells. Although we
experience some rebounds during wetter weather, we know that further change is inevitable and could be irreversible.
2 National scientists have also noted that the nearby iconic Joshua trees are threatened and may not

1 United in Science 2021: A multi-organizational high-level compilation of the latest climate science information, World Meteorological Organization, August 9, 2021. https://public.wmo.int/en/resources/united_in_science 2 Email from Kathleen Brundige at Coachella Valley Association of Governments. September 25, 2019.

Figure 1 Key Findings from UN Report
Item 3D - Page 7

NET ZERO EMISSIONS

COMMITMENTS NEED

TO BE MORE

AMBITIOUS ANO

REFLECTED IN
POLICY
THERE IS A 40%

CHANCE THAT ONE
YEAR UP TO 2025 WILL
BE 1.5 'C WARMER

THAN PRE-INDUSTRIAL
TIMES

SEA-LEVEL RISE HAS
ACCELERATED .

THREATENING LIVES &
LIVELIHOODS. IT WILL

CONTINUE FOR

CENTURIES
COVID -19

EXACERBA TES

HEALTH HAZARDS

LINKED TO POOR AIR
QUALITY. WILDFIRES

AND HEATWAVES
l'e(:$1T CHAIJG
THE.CLIMATES
ARI] UNPRECEDENTED
OVER 100 5 TO
MANY 1O00s
Of Vl::AHS

EXTREME HEAT,

DROUGHTS,
. HEAVY'RAIN AND
CO2 EMISSIONS

HAVE LARGELY

BOUNCED BACK

TO PRE-PANDEMIC
LEVELS

GREENHOUSE GAS

CONCENTRATIONS

CONTINUE TO RISE

TO NEW RECORD
HIGHS
. FLOODS ARE MORE
, LIKELY BECAUSE OF

CLIMATE CHANGE
•o
City of Palm Springs Climate Action Roadmap – October 28, 2021 3 last through this century.3 In 2020, the California Fish and Game Commission unanimously voted to grant western Joshua trees candidate status under the California Endangered Species Act making it the first plant species to be protected in the state due to the threats posed by climate change.4 Our weather and environment are a key factor in why people come to Palm Springs and other Desert Cities to live, work, and play. Changes in our environment will have a significant impact on our economy and quality of life. Based on a study by University of California Riverside, claims that “climate change will decimate Palm Springs, Coachella Valley Tourism.”5 The City recognizes that we need to redouble our efforts to strategically address our contribution to climate change and mitigate the impacts we are already seeing and expect to see in the future.
3 EXISTING GOALS AND PLANS
The City’s current Climate Change & Resilience goal as stated in the 2016 Sustainability Plan is to reduce greenhouse gas emissions to 1990 levels by 2020, 80% below 1990 by 2050, and achieve carbon neutrality for municipal emissions by 2030. This is consistent with the target identified by the state in AB 32 – California Global Warming Solutions Act.

In addition to the above Sustainability Plan goals, SB 32 signed by Governor Brown in 2016 requires the California Air Resources Board to ensure that statewide greenhouse gas emissions are reduced at least 40 percent below 1990 levels by December 31, 2030.

The Plan also references a commitment made by the City as part of its participation in the U.S. Conference of Mayor’s Climate Protection Agreement to go achieve a 7% reduction below 1990 levels by 2012. This goal aligns with the Kyoto Protocol.

In addition to establishing high-level goals, the 2016 Sustainability Plan also outlined some high-level actions such as monitoring and reporting greenhouse gas emissions; developing strategies based on the Climate Action Plan to reach the 1990 levels by 2020; and improving community resiliency to the potential impacts of climate change, including determining what these impacts will be.

The Climate Action Plan (issued in 2013) does not include any additional goals, but rather outlines specific actions that the City could take to reduce its emissions. These actions are organized into broad sectors (e.g., residential, business, municipal, etc.) and served as a menu for potential actions the City could take to reduce emissions. Many of the actions are now out of date, although some of the concepts are still applicable and will be reflected in future actions.

3 Iconic Joshua trees may disappear—but scientists are fighting back. National Geographic. October 15, 2018. https://www.nationalgeographic.com/environment/2018/10/joshua -trees-moths-threatened-climate-change-scientists-seek- solutions/
4 https://www.desertsun.com/story/news/environment/2020/09/22/california-joshua-trees-advance-endangered-species- listing/5854896002/
5 https://news.ucr.edu/articles/2020/09/07/climate-change-will-decimate-palm-springs-coachella-valley-tourism Item 3D - Page 8
City of Palm Springs Climate Action Roadmap – October 28, 2021 4 City Staff and Sustainability Commission members are currently reviewing goals and actions in the Sustainability Plan to determine the most appropriate opportunities for greenhouse gas reduction and will update the Sustainability Plan to reflect these new actions. The following key goals continue to be top of mind:
• Reduce greenhouse gas emissions by at least 40% compared to 1990 levels by the end of 2030 • Reduce greenhouse gas emissions by at least 80% compared to 1990 levels by the end of 2050 • Achieve carbon neutrality for municipal emissions by 2030 4 ACTIVITIES AND PROGRESS TO DATE

ACTIVITIES
The City of Palm Springs has always taken climate change seriously. As early as 2008, the City endorsed the U.S.

Conference of Mayors Climate Protection Agreement and issued its own Path to Sustainability. Some of the efforts that have already helped the City achieve reductions in greenhouse gas emissions – the primary contributor to climate change – are listed below.
• Launched the Co-generation Facility in 2015 to help offset energy use at City facilities. • Installed solar arrays at its Wastewater Treatment Plant and at the Convention Center. The Convention Center is able to offset over 60% of its energy use from its solar output. • Administered commuter incentive programs for rideshare and electric vehicles (EV) to reduce greenhouse gas emissions from employee commuting.
• Implemented LED and energy efficient lighting retrofit projects at City facilities and at street lights. • Implemented ban on gas-powered leaf blowers and replaced over 400 gas-powered units with electric. • Implemented a mobile home energy retrofit program that resulted in a reduction of nearly 92,000 pounds (46 tons) of CO
2e. Although emissions reductions were small, changes resulted in cost savings. • Developed a solar policy and solar zoning ordinance to facilitate the installation of solar on residential and commercial properties.
• Installed a network of 36 EV charging stations and updated parking standards to reflect new state requirements and best practices on EV charging stations on private property to help support EV adoption.
• Implemented changes in the California Energy Code and Green Building Standards Code effective in January 2020.
• Required installation of EV charging stations for certain commercial developments. • Implemented new Home Energy Assessment Rebate program.

Most recently and most significantly, the City moved to Desert Community Energy in March 2020. The City took the bold step to default all customers to the 100% carbon-free option to maximize the potential for greenhouse gas reductions. In an announcement at the September DCE Board Meeting, DCE staff indicated that, because of excess power purchases, residents that chose the Desert Saver Program were also able to take advantage of Item 3D - Page 9
City of Palm Springs Climate Action Roadmap – October 28, 2021 5 100% carbon free energy – further enhancing the impact of the City’s move to DCE. Specifically, this additional carbon-free power would result in an additional 4,400 Metric Tons of CO2 Equivalent (MTCO2e). This reduction is not included in the numbers reported elsewhere in this report.

UPDATED BASELINE
As noted in the goals, 1990 is the official baseline from which to measure progress. When the City conducted a baseline greenhouse gas inventory for 2010 (published in 2013), the results indicated that the City had already achieved its initial goal – to reach 1990 levels by 2020. However, a variety of changes have occurred in emissions calculations methodologies since 1990 and 2010.

In 2020, the City contracted with a consulting firm, PlaceWorks, to update the 2010 community-wide inventory based on current greenhouse gas emissions inventory methodologies. This update would help determine if the City was still meeting its 1990 target as originally calculated. Updating the 2010 inventory would also help ensure a more consistent comparison point for any future inventories.

The 2010 update revealed a 35% increase in 2010 emissions levels over what was initially reported. Specifically, the City calculated 2010 emissions to be 431,594 Metric Tons of CO2 Equivalent (MTCO2e) in the 2013 emissions inventory. The updated equivalent is 538,200 MTCO2e. This increase was largely due to more current methodologies used to assess transportation impacts and increases in the global warming potential for some greenhouse gases such as methane that are released from water and wastewater operations and from waste sent to landfill.

Given the changes that resulted from the 2010 update, it was clear that the 1990 emissions baseline would need to be adjusted. Rather than attempting to redo those calculations, the State recommends using a simple calculation of 15% lower than 2010 recalculated emissions levels to arrive at a 1990 equivalent baseline. This means the City’s 1990 new equivalent baseline is 495,720 (MTCO 2e) (compared to the original 432,136
MTCO2e). Below is a summary of goals based on this new 1990 baseline number.

Reporting Year Target Palm Springs Emissions
Levels (MTCO2e)
2020 1990 Levels (15% below 2010) 495,720
2030 40% Below 1990 Levels 297,430
2050 80% Below 1990 Levels 99,140

2018 ASSESSMENT AND 2020 ESTIMATE
The City asked PlaceWorks to conduct a new community emissions inventory for 2018 and an estimate for 2020.

These assessments helped determine the City’s progress towards the goals above and provide a snapshot of key emissions to identify opportunities for additional reductions. Because 2020 was not a typical year, PlaceWorks focused the 2020 estimate on concrete and lasting changes that occurred between 2018 and 2020 such as the move to DCE and the continued improvements in vehicle emissions.

Item 3D - Page 10
City of Palm Springs Climate Action Roadmap – October 28, 2021 6 The data from the updated community-wide inventories are summarized in Table 1 along with the future emissions targets for 2030 and 2050.

Table 1 Community-wide GHG Emissions

Table 2 includes a breakdown of the 2018 and 2020 estimates that provides important information about major emissions categories. Among the observations that help shape future actions are the following:
• There was a significant reduction in emissions because of residential and commercial participation in Desert Community Energy.
• Transportation is the biggest contributor to overall emissions, accounting for over half of the total.

NOTES:
• Due to differences in calculation methods in 1990, the State has indicated that a reduction of 15% of 2010 levels is the equivalent of the 1990 baseline.
• 2030 Goal is based on a 40% reduction of the revised 1990 data. • 2050 Goal is based on an 80% reduction of the revised 1990 data. • In 2018, this number rose to 591,370 MTCO2e. However, with the reductions achieved as a result of the City’s participation in Desert Community Energy and reductions from other statewide initiatives, Palm Springs’ projected 2020 GHG emissions are estimated to be 493,920 MTCO2e – below the adjusted goal. Without Desert Community Energy, the City would be about 609,000 MTCO2e, or approximately 4.4% above 2010 levels. The Community’s commitment DCE’s Carbon Free program reduced its emissions by over 115,000 MTCO2e.

Item 3D - Page 11
Palm Springs Community-wide Green House Gas Emmissions
700,000
583,200 591,370
~ 600,000 Key Reductions Belo w
"" 0 495 ,720
~ 500,000
!
"" 8
400,000
'c5' 300,000 297 ,432
II)
i:::
~
,l::! 200,000
... ...
~ 99,144
~ 100,000
0 1990 (2020 less 2010 2018 2020 (projected) 2030Goal 2050Goal 15%) Increased EV Adoption 3,740
Dese rt Community Energy 115,070
Low Carbon Fuel Standa rds 30
Title 24 2,670
Clean Car Standa rds 12,340
Met ric Tons of CO2 (MTC02e) 495,720 583,200 591,370 490,180 297,432 99,144 City of Palm Springs Climate Action Roadmap – October 28, 2021 7 • Residential energy is still a significant contributor, despite participation in Desert community energy.

This is partly due to the inclusion of natural gas.
• Commercial sector emissions were reduced but could easily rise pending additional growth. • Emissions from solid waste disposal speak to the continued need to divert materials from landfill.

Table 2 Breakdown of Community GHG Inventories for 2018 and 2020 SECTOR 2018 MTCO2E 2020 MTCO2E

PERCENTAGE CHANGE
2018 TO 2020
Residential energy 148,930 (25%) 111,000* (23%) -25%
Commercial and industrial energy 119,370 (20%) 72,200 (15%) -40% Transportation 265,160 (43%) 259,630 (53%) -2%
Off-road equipment 490 (<1%) 540 (<1%) 10%
Solid waste 23,090 (4%) 24,030 (5%) 4%
Landfill 1,150 (<1%) 1,110 (<1%) -3%
Water and wastewater 34,500 (6%) 22,990 (5%) -33%
Fertilizer 20 (<1%) 20 (<1%) 0%
Land use -1,340 (<1%) -1,340 (<1%) 0%
Total 591,370 490,180 -17%
Due to rounding, totals may not equal the sum of individual rows or compare exactly to values in other tables.

PlaceWorks provided a detailed breakdown of emissions that helps to further identify opportunities for reductions.

Table 3 includes this breakdown, and it reveals the following additional insights:
• Although residential emissions from electricity use is declining and declined significantly in 2020 due to DCE, emissions from residential natural gas increased. Natural gas uses include not only home heating, hot water heating, and cooking uses but also pool heating.
• Despite improvements in the efficiency of vehicles, the emissions from on-road vehicles increased in the 8-year period and continues to be the most significant single source of emissions. • Emissions from waste sent to landfill increased by over 30% despite a strong focus on increasing recycling rates. • Off-road equipment includes things like lawn equipment as well as equipment used in construction. These make up a relatively low contribution to overall emissions. These emissions may increase as post-pandemic construction ramps up.
• Wastewater treatment-related process emissions are primarily a result of fugitive emissions from lagoons.

Item 3D - Page 12
City of Palm Springs Climate Action Roadmap – October 28, 2021 8 Table 3 Detailed Breakdown of Community GHG Inventories for 2010 and 2018 SECTOR SUBSECTOR 2010 GHG
EMISSIONS (MTCO2E)
2018 GHG

EMISSIONS
(MTCO2E)
2020 GHG EMISSIONS
ESTIMATES (MTCO2E)
Residential
buildings
Residential electricity 75,270 70,620 26,580
Residential natural gas 73,420 78,000 84,110
Residential propane 430 310 310
Subtotal 149,120 148,930 111,000
Commercial
buildings*
Commercial electricity 82,110 79,260 29,660
Commercial natural gas 46,560 40,110 42,540
Subtotal 128,670 119,370 72,200
Transportation On-road vehicles 254,860 265,160 259,630 Subtotal 254,860 265,160 259,630
Off-road
equipment
Off-road vehicles and equipment 240 470 540
Subtotal 240 470 540
Solid waste
Community-generated waste 16,840 23,090 24,030
Former Palm Springs landfill 1,350 1,150 1,110
Subtotal 18,190 24,240 25,140
Water and
wastewater
Water supply electricity** 8,190 15,290 3,160
Wastewater treatment electricity 1,140 650 40
Wastewater treatment process emissions 24,110 19,010 19,790 Subtotal 33,440 34,950 22,990
Land use and
sequestration
Fertilizer application 20 20 20
Natural land sequestration -840 -840 -840
Street tree sequestration -500 -500 -500
Subtotal -1,320 -1,320 -1,320
Total 583,200 591,800 490,180
* This sector includes GHG emissions from municipal buildings and facilities, except for those concerned with water and wastewater activities. Those GHG emissions are included in the “water and wastewater” sector. ** The 2018 and 2010 inventories differ in their methods of calculating emissions from water supply electric ity, due to differences in data availability between the two years. The 2018 data include additional electricity use, primarily related t o the pumping of groundwater supplies, that were not available for the 2010 inventory.

Note: All values are rounded to the nearest 10. Due to rounding, totals may not equal the sums of individual rows.

5 ROADMAP OF FUTURE ACTIONS TO REDUCE GREENHOUSE GAS EMISSIONS Based on the data provided by PlaceWorks, the City can begin to identify potential projects to assist us in meeting our future GHG reduction goals. The information below is meant to be a starting point for this process and provides a framework for potential future actions. City staff will continue working with PlaceWorks to quantify impacts of potential actions in more concrete ways and to identify potential additional actions to help us meet our goals. This document will evolve and be integrated into other planning documents as more information is available. The sections below highlight the major areas of focus in the development process.

Item 3D - Page 13
City of Palm Springs Climate Action Roadmap – October 28, 2021 9 ESTABLISH FUTURE BASELINE
Emissions of greenhouse gasses are not constant. They tend to increase with population growth, economic development, and increased tourism activities. The City is currently working to identify future growth targets and trends through the General Plan Update. This information should be completed and available soon to inform the development of a new 2030 baseline against which we can model potential emissions reduction strategies so that the City can make informed decisions about potential actions.

Even without the 2030 projections, we know that there are things that the City can do to have an impact. Those items are described below.

TRANSPORTATION ACTIONS
Transportation-related emissions are the largest source (53%) of greenhouse gas emissions in the community-wide inventory (259,640 MTCO2e in 2020). Unless we reduce these emissions significantly, we will never reach our future reduction goals. Although we can expect some reductions from improved vehicle efficiency (approximately 38,000 MTCO2e based on a 15% improvement6), City staff will be working with PlaceWorks to identify opportunities for further reductions, especially in vehicle miles traveled and mix of vehicle types to understand where we can have the most significant impacts. Assuming sufficient granularity in the model, more detailed scenarios for meeting targets can be developed. Then policies, programs, and plans for infrastructure changes needed (requesting funding in city budget) can be proposed and must be started now.

At a minimum, we know that improvements must be made to increase the number of alternative fueled vehicles, enhance non-motorized or electric transportation options, reducing idling, and enhancing public transit options. Some specific actions are listed below:
• Expand the network of EV charging stations to encourage broader EV adoption. The market for electric vehicles increased significantly over the past several years. New State goals for 100% zero emissions vehicles by 2035 in California and commitments from car manufacturers to go all electric in a similar time frame may help make this a reality. The City must continue to provide a robust EV charging infrastructure to support these vehicle purchases and do what it can to direct people to less-polluting vehicles. The Office of Sustainability and the Engineering Division have been working over the past several months to add 21 new stations downtown and at City Hall as part of a Phase 1 expansion. Future phases will add chargers at community centers and other locations around the City. Networked chargers will also help us understand who users are and their charging habits. The Sustainability Commission is also working to develop a potential ordinance to expand installation of EV chargers at multi-family complexes. This additional infrastructure helps reduce “range anxiety” among EV buyers and promotes the City as a destination for EV owners thereby resulting in more EV adoption. (Fall 2021/Winter 2022 and beyond)
o Potential Impact: The City currently has a higher than average rate of EV ownership (2.75% versus .85% statewide). If we can achieve 30% electric vehicles by 2030, it would result in an

6 This 15% reduction estimate is based on a 15% reduction in the emissions factor between 2010 and 2018. The 15% reduction was applied to the 2018 on-road transportation emissions estimate to arrive at the 38,000 MTCO2e.) Item 3D - Page 14
City of Palm Springs Climate Action Roadmap – October 28, 2021 10 annual reduction of about 56,000 MTCO2e, a 22% reduction from the 2020 transportation estimates.
• Improve walkability. The City is currently finalizing a Walkability and Safe Routes to School Master Plan.

The Master Plan will help promote pedestrian safety and increase pedestrian traffic to reduce transportation-related emissions for short trips. These projects will require funding. Having a plan in place will make it more likely for the City to secure external funds. (2020-2022) o Potential Impact: The City is working with PlaceWorks to assess potential impacts of increased pedestrian activity to determine how these improvements will reduce car trips. • Implement airport shuttle program, encourage/require low-emitting mass transit options for events, and revisit Buzz Trolley concept. Many residents to Palm Springs fly into the airport and rent a car during their stay. The City should work to better understand the driving habits of visitors, the emissions reductions that could be achieved by reducing car rentals and car use within the city, and what options may be most viable for making these reductions. This could include a City Airport shuttle and a reinvigoration of an electric Buzz Trolley concept within the City. The City could also work with event organizers to ensure that they incorporate low or zero-emission mass transit options for event-related activities. Splash House could be a good event to start with given they already use buses frequently. (2023/2024)
o Potential Impact: The City is working with PlaceWorks to assess potential impacts of reductions in localized car trips that may result from these changes. • Update and Implement Active Transportation Plan. A key to promoting more alternative transportation methods is to enhance related infrastructure. This has been focused traditionally on bike lanes, but the City should think more broadly about a wide range of potential alternative transportation options. Plans should consider the emergence of electric bikes and other alternative transportation modes (e.g., trikes, e-scooters, “golf” carts, etc.) and how that may impact infrastructure needs and should be reflected in an updated Bike Plan and General Plan. CVAG plans for CVLink could play a prominent role as a catalyst for future changes, and the City could consider focusing active transportation routes to align with CVLink locations. (Winter/Spring 2022)
o Potential Impact: Improved alternative transportation infrastructure has a direct impact on car travel. According to State Guidance, cities that increase their bike lanes by 1% can see a .25% increase in bike commuting. If Palm Springs doubles its current bike lane miles from the current 62 miles to 124 miles, this could result in a 50% increase in commuting by bike. 7 • Promote mass transit to and from Palm Springs. The Vehicle Miles Traveled in the City includes trips to and from the City based on Regional transportation data. Getting more people out of their cars and onto mass transit (e.g., Flix Bus and Amtrak) will help further reduce our transportation-related emissions.

The City could work with companies such as Flix Bus to promote shared ride options that also promote the Palm Springs brand. (2023/2024)

7 The City does not have sufficient data on bike commuting to determine a GHG reduction impact, but this would be done as a part of an updated city-wide emissions analysis.

Item 3D - Page 15
City of Palm Springs Climate Action Roadmap – October 28, 2021 11 o Potential Impact: The City is working with PlaceWorks to determine impacts from various scenarios associated with mass transit options.

RESIDENTIAL AND COMMERCIAL BUILDINGS
AB 3232 enacted in 2018 requires the California Energy Commission (CEC) to assess the potential for the state to reduce GHG emissions from the state’s residential and commercial building stock by at least 40 percent below 1990 levels by January 1, 2030. The bill states that decarbonizing California’s buildings is essential to achieve the state’s GHG reduction goals at the lowest possible cost. The bill establishes that it is the intent of the Legislature to achieve significant reductions in GHG emissions by the state’s residential and commercial building stock by January 1, 2030. In addition, SB 350 establishes an objective to double the energy efficiency savings in electricity and natural gas final end uses of retail customers through energy efficiency and conservation. 2020 estimated emissions from residential and commercial buildings combined is our second highest source of emissions (about 183,000 MTCO
2e). Although the best way that residents and businesses can contribute to the City’s GHG reduction efforts is to sign up for 100% carbon free energy plans, natural gas use remains an important contributor and will be hard to curb. The City will continue to focus efforts to reduce emissions from buildings in the following ways:
• Continue to support the move to the 100% carbon free option for Palm Springs residents under Desert Community Energy (DCE). The launch of DCE occurred in April 2020 and continues to be a focus of DCE, City staff, and a dedicated Palm Springs Working Group of DCE’s Community Advisory Committee. The City’s decision to shift to carbon-free energy as the default for all residents and businesses has had a significant impact on the City’s greenhouse gas emissions. However, rising energy prices and confusing energy bills could potentially reverse progress if more residents move away from the 100% carbon-free plan. The City will continue to work with DCE staff to educate community members and discuss the benefits of carbon-free energy. (Ongoing)
o Potential Impact: Assuming the participation in DCE continues at relatively consistent levels as in 2020, we would expect that reductions due to DCE would increase from the estimated 115,070 MTCO
2e to 153,427 MTCO2e for a full year of implementation (the 115,070 MTCO2e estimate was based on the initial 9 months). This is a net increase in carbon reduction of about 38,000 MTCO2e. Although the State has mandated that 60% of regular household electricity must come from renewable sources by 2030, it is unclear what the carbon intensity of these renewable may be. City staff will work with PlaceWorks to develop estimates for emissions from future energy use, considering the GHG emissions intensity that DCE and Southern California Edison are required to report in their respective annual Power Content Labels. • Develop ordinance to require homes built before 2011 undergoing renovations to make certain targeted energy efficiency upgrades. The Sustainability Commission is developing a proposal for an ordinance that would require residents to implement energy efficiency improvements depending on the size of their renovation projects. The proposal was reviewed and approved by the Sustainability Commission and is being presented to Council with the accompanying staff report. The current iteration of this proposal includes a menu of options for residents with short pay-back periods that will both reduce their energy use and lower their energy bills. (Winter 2022) Item 3D - Page 16
City of Palm Springs Climate Action Roadmap – October 28, 2021 12 o Potential Impact: The water heating package included among the measures in the proposal would reduce residential GHG emissions about 6,000 MTCO2e over the 30-year lifecycle. The other energy efficiency measures in the proposal would not lead to large GHG reductions due to the high participation in the DCE 100% carbon free option. However, the measures that homeowners would take will reduce their energy use/costs and will provide more resiliency to higher temperatures.
• Promote more sustainable cannabis grow facilities and other large commercial buildings. Cannabis grow facilities have the potential to use a significant amount of energy and water resources. By promoting more sustainable practices, including energy efficient systems and use of renewable energy, the City can avert the potential significant additional greenhouse gas emissions that may result from the growth in this new industry. The City is planning to put forward a new ordinance that would require cannabis grow facilities to use 100% carbon free energy. The ordinance may also cover other large commercial facilities to help flatten the City’s GHG growth potential. This ordinance was started by the Sustainability Commission and recently was requested by the Planning Commission. The Sustainability Commission plans to conduct outreach on the potential ordinance in late 2021 and propose something to Council in early 2022. (Fall 2021/Winter 2022)
o Potential Impact: The City will need to retain a consultant to better understand potential emissions impacts. However, a recent application by one large grow facility has the potential to increase GHG emissions by close to 15% of all commercial emissions (more than 10,000 MTCO 2e
annually) if that facility does not use 100% carbon free energy. • Implement incentive program for Home Energy Assessments. The Sustainability Commission approved a program to provide rebates to residents that conduct a home energy assessment as part of an approved home energy labeling program. This program began in Spring 2021. It is hoped that providing homeowners with information about how they can reduce their home energy costs will help boost the energy efficiency of existing housing stock. City staff will continue to coordinate with DCE staff to explore opportunities to continue this as one of their energy efficiency programs for homeowners. (Ongoing)
o Potential Impact: Like the other home energy efficiency upgrades, it is difficult to estimate potential GHG reductions from these efforts. Assuming residents take action, those actions will likely reduce their energy use/costs and will make homes more resilient to higher temperatures. • Building electrification. Some cities, mainly in the Bay Area but some in Southern and Central California, are moving towards requiring buildings to go all electric to reduce GHG emissions. The goal is to eventually eliminate or minimize natural gas use, because natural gas can be made from renewable sources such as biogas but not carbon-free sources. The 2022 California Energy Code moves in this direction and will require electric heat pump water heaters in new single-family homes in Palm Springs beginning January 1, 2023. The all-electric ordinances adopted by other cities are not without controversy, and more information will be developed to assess this option more fully. (Ongoing) o Potential Impact: The move to electrification would primarily affect only new construction and potentially major renovations. Natural gas use contributed about 127,000 MTCO2e in the 2020 estimates. We should expect this number to rise given the number of new construction projects underway or in development. A move to electrification may help reduce the increase from future Item 3D - Page 17
City of Palm Springs Climate Action Roadmap – October 28, 2021 13 residential and commercial projects. The City can work with PlaceWorks to determine the potential impact.

OTHER COMMUNITY EMISSIONS
• Waste diversion. One of the challenges that the state continues to have in managing greenhouse gas emissions broadly is managing emissions from landfills. The State has a new law – SB 1383 – that is designed to reduce the amount of organics going to landfills, because these are often responsible for generating a key greenhouse gas, methane. The City is currently working with PSDS to anticipate and respond to this new law. This will help the city reduce its greenhouse gas emissions by reducing the amount of methane emissions from landfills. The City will also continue to work to encourage recycling of other materials to achieve our overall goal of diverting 90% of waste from landfills. The current diversion rate is about 50%. (Ongoing)
o Potential Impact: In 2020, the City sent 68,696.57 tons of trash to landfill, but these data are not considered typical due to the impacts of COVID. Using disposal date from 2018 and 2019, it appears that Palm Springs will likely send about 80,000 tons of trash to landfill. This results in about 23,000 MTCO
2e emissions. If the current diversion rate is about 50%, and the City diverts an additional 40% of waste to meet the 90% diversion goal by 2030, this would reduce our landfill waste to 16,000 tons resulting in only 4,600 MTCO2e of emissions as a result of landfilled material. This would be a reduction of almost 18,400 MTCO2e. • Electric Lawn Equipment. The City banned gasoline-powered leaf blowers in 2019. Gasoline powered leaf blowers can emit in 1 hour the equivalent air emissions (nitrous oxide and reactive organic gasses) of 1100 miles in a new passenger car. A gasoline lawn mower produces the equivalent of 300 miles in 1 hour. The State just recently banned the sale of gasoline lawn equipment (as well as generators and other items) starting in 2024. Lawn equipment is particularly polluting, because units do not fully combust the gasoline used to run them. In addition to air pollution, this equipment also contributes significantly to noise pollution. The City will re-evaluate its leaf blower efforts next year to determine how to move forward with a complete transformation of this important initiative. (Ongoing) o Potential Impact: Lawn equipment is accounted for in the community inventory under Off-road Equipment (540 MTCO
2e). Of these emissions, only about 40 MTCO2e, is attributed to lawn equipment. If we assume that 80% of lawn equipment is converted to electric by 2030, this may mean a reduction of 32 MTCO2e. While not a significant amount from a GHG perspective, the other co-benefits – reduced ground-level particulates and noise pollution reduction – warrant further focus on this issue.
6 POTENTIAL ACTIONS TO ADDRESS CLIMATE IMPACTS
One of the areas that the City has not focused attention on in the past is resiliency and climate adaptation. With the immediate nature of many climate impacts, this must be moved to the forefront of thinking along with continued efforts to reduce greenhouse gasses that are the source of these impacts. The City is currently working to update its General Plan to incorporate elements of climate adaptation. Particular attention will be paid to the impact of climate changes on vulnerable communities and the equity of impacts across various communities. While PlaceWorks has not completed their vulnerabilities assessment for the General Plan update, Item 3D - Page 18
City of Palm Springs Climate Action Roadmap – October 28, 2021 14 we know that we will see impacts from higher temperatures for longer durations, ongoing drought, stronger storms and wind events, and habitat loss. Below are some examples of potential strategies to address some of these issues. These actions will be expanded when the vulnerability analysis is complete. • Allow outdoor workers to start earlier in summer months. In August, the Union of Concerned Scientists published a report documenting the increased threat of heat exposure to outdoor workers as global temperatures continue to rise.8 When developing the gasoline leaf blower ordinance, one of the requests that gardeners put forward was to allow them to start earlier to reduce battery depletion.

Given year-after-year of record temperatures, outdoor workers are increasingly vulnerable to the effects of heat. Allowing work to start earlier will help reduce these impacts. City staff will work to develop the ordinance in the new year. (Spring 2022)
• Develop Improved Response Plans for Climate Events. Sustainability staff will work with Emergency Management staff to identify opportunities to improve response efforts related to climate-related events such as wind storms, power outages, severe heat events, and flooding. (Fall 2021/Winter 2022) • Add shade structures. City staff recognize that shade will play a critical role in the ability to enjoy outdoor spaces and to encourage pedestrian activity, especially in warmer months. The Sustainability Commission has begun to discuss how best to address this in the context of what appears to be long- term drought. Tree planting may become a less appealing option than the installation of shade structures. Sustainability staff plans to work with Planning staff to discuss shading and how more varied ideas for shade structures can be integrated into the General Plan and into specific project planning efforts. (Winter 2022)
• Insulate homes. As noted above, Staff is working with the Sustainability Commission to develop an ordinance to promote energy efficiency measures for homes. Among these are opportunities to improve insulation. This will be a critical element to increasing resiliency of homes against rising temperatures. (Winter 2022)
7 CITY-WIDE EMISSIONS
City emissions are a subset of overall community emissions. Although there was a detailed City Inventory created in 2010, the City did not do a city emissions inventory for 2018 or 2020 as part of these initial assessments. A detailed City Inventory will be done as part of a more in-depth assessment to determine how the City might achieve carbon neutrality by 2030. For reference, the detailed City assessment from 2010 is included in Table 4. It shows that the City’s largest sources of emissions are the following:
• Wastewater treatment plant emissions – primarily from fugitive emissions from lagoons • Buildings and facilities – especially the co-generation facility that is operated on natural gas

8 Too Hot to Work: Assessing the Threats Climate Change Poses to Outdoor Workers . August 17, 2021. Union of Concerned Scientists https://ucsusa.org/resources/too-hot-to-work
Item 3D - Page 19
City of Palm Springs Climate Action Roadmap – October 28, 2021 15 Table 4: City-wide Emissions Summary 2010
Sector Subsector GHG emissions (MTCO2e)
Buildings & facilities
Building electricity use 2,910
Building natural gas use 980
Cogeneration 4,170
Lighting
Traffic signals 110
Street lights 240
Outdoor lighting 60
Fleet
Gasoline vehicles 770
Diesel vehicles 260
CNG vehicles 10
Commute
Gasoline vehicles 700
Diesel vehicles 80
Solid waste Government-generated solid
waste 380
Landfill Waste in place 1,350
Off-road equipment
Gasoline equipment 30
Diesel equipment 140
CNG equipment 0
Refrigerants
Building refrigerants 220
Vehicle refrigerants 90
Fertilizer
Golf courses 10
Park land 0
Wastewater
Embedded energy 930
Wastewater treatment 24,090
Informational items Waste hauling 690
Total 37,530

Although the numbers have likely changed in 2020, these are still the most significant opportunities for reductions. The City will be working with PlaceWorks to do an updated city-wide inventory and to explore reduction opportunities. Among the ideas we will explore are the following:
• Investigate capture technologies for greenhouse gas emissions from wastewater treatment plant.

Wastewater treatment plant emissions were the single largest municipal emissions source in the 2010 greenhouse gas Inventory. The City may be able to further reduce its direct greenhouse gas emissions by incorporating emissions control technologies that capture emissions from the wastewater treatment process for use as fuel. The Sustainability Commission is working with the water treatment plant operators to investigate whether this idea is feasible. Although the City had pursued similar options in the past, there were legal, technological, and fiscal barriers that prevented implementation. (Winter 2021)
Item 3D - Page 20
City of Palm Springs Climate Action Roadmap – October 28, 2021 16 • Fleet electrification. The City will work to identify infrastructure needs and feasibility of electrifying the City fleet. This would include Police Department vehicles as well as maintenance, Code Enforcement, Engineering, and Planning. Incentives and grant programs are anticipated to assist in this transition. (2022)
• Building energy assessments. It has been nearly 10 years since the City did assessments of its energy uses. Although some accounts have moved to Desert Community Energy, some accounts cannot be converted, and energy efficiency is a critical first step in achieving carbon neutrality. These assessments should also include assessments of additional renewable energy potential (e.g., solarized parking shade structures). (2023)
8 NEXT STEPS
The Sustainability Commission and City staff continues to work with PlaceWorks to identify opportunities to reduce greenhouse gas emissions and adapt to climate impacts and looks forward to additional discussions with Council. Staff will continue to work with Planning Staff to integrate concepts, as appropriate, into the General Plan. Specific actions will be incorporated into the upcoming Sustainability Plan update. Sustainability staff will plan to provide report-outs to Council regarding progress in this area annually and assess GHG emissions reductions at least bi-annually.

Item 3D - Page 21

ATTACHMENT B

Item 3D - Page 22
Item 3D - Page 23
Quality of Life
Improve Homelessness
- Build a navigation center
- Coordinate service providers
- Improve security/ maintenance
- Expand homeless response
team
Reduce Crime
- Evaluate staffing/ service levels
- Implement neighborhood
policing model
- Focus on violent crime
- Educate residents on prevent ing
property crime
Expand Housing Affordability
- Create housing plan
- Expand housing policies
- Pursue new affordable housing
developments
- Expand staffing
- Build housing programs
Advance Economic Development
- Lobby for west valley College of
the Desert campus
- Monitor broadband
opportunities
Neighborhood Issues
- Review noise ordinance
- Create reparations program
Environmental
Stewardship
Accelerate atmate Action Plan
- Budget for two additional FTE
- Complete GHG analysis
- Target high value projects/
Initiatives
Consider New Polldes
- Implement 1383
- Desert Community Energy
- Commercial renewable energy
standards
- Community compost ing
- Clarify land conservation goals
Develop Internal Polldes/Practlces
- Integrate Sustalnablllty with
other departments/ initiatives
- Create green purchasing policies
•
Improve City Facilities
- Expand budget for maintenance
- Focus on parks and community
faclllties
- Prioritize deferred maintenance
5 Year Capital Improvements Plan
- Expand walking/ biking
Infrastructure
- Identify high priority facilit ies
- Focus on parks and community
assets
- Accelerate street paving
Community Deslp
- Complete General Plan update
- Update zoning code
- Update design standards
Good Governance
Enhance Service Levels
- Evaluate/ adjust staffing levels
- Create training programs
- Implement employee
engagement opportun ities
- Update HR policies
Improve Communications
- Expand communicat ion staff
- Improve Spanish language
communications
- Create strategic focus
Remove Barriers to Partfdpatlon
- Adjust Council salary
- Add vehicle allowance
- Address childcare needs
- Create recognition program
Improve Financial Management
- Clarify budget process
- Create asset management
program

ATTACHMENT C

Item 3D - Page 24
Sustainability Commission Meeting
Climate Change Vulnerability Assessment
June 28, 2022
Item 3D - Page 25
P~Sp~

BY DESIGN
Agenda

1. Vulnerability Assessment Overview and Method

2. Vulnerability Assessment Results

3. Implications for the General Plan Update

4. Next Steps
Item 3D - Page 26
Introductions
General Plan Team
• Wendy Nowak, Principal-in-Ch arge
• Jonathan Nettler, Project Manager
Safety Element Team
• Tammy L. Seale, Climate Action and Resilience Principal • Eli Krispi, C limate Action and Resilience Senior Associate • Jacqueline Protsman Rohr, Climate Action and Resilience Associate Item 3D - Page 27
Vulnerability Assessment
Overview and Method
Sustainability Commission Meeting – June 28, 2022
Item 3D - Page 28
Vulnerability Assessment Overview
• SB 379 requires a Vulnerability Assessment as part of a S
afety Element to address climate change adaptation
and resilience.
• Comprehensive assessment of how people and
co
mmunity assets may be affected by climate change.
• Looks at how existing policies and programs can help
p
eople avoid or recover from climate change impacts.
• Needs to be consistent with most recent state guidance (
2020 update) and current science.

Item 3D - Page 29
Definitions
• Impact: T he effects (especially the negative effects) of a hazard or other conditions associated with climate change.
• Adaptive Capacity: Th e ability of populations and community assets to prepare for, respond to, and recover from the impacts of climate change using existing resources.
• Vulnerability: Th
e degree to which natural, built, and human systems
are susceptible to harm from exposure to stresses associated with environmental and social change and from the absence of capacity to adapt.
• Resilience: Th
e capacity of any entity to prepare for disruptions, to recover from shocks and stresses, and to adapt and grow from a disruptive experience.

Item 3D - Page 30
Vulnerability Assessment Method
Identify exposure
• Look at what natural
hazards exist in
Palm Springs and
how climate change
may affect them.
• Map hazards.

Identify
sensitivities and
potential impacts
• Understand what
populations and
community assets
may be affected,
and how.

Assess adaptive
capacity
• Understand what
Palm Spring
community
members can do to
protect themselves
against natural
hazards.

Prioritize
vulnerability
scoring
• Determine
vulnerability, based
on the expected
impacts and
adaptive capacity.

Item 3D - Page 31
Vulnerability Assessment Scoring
Vulnerability Scoring
Low Impact Medium Impact High Impact
Low Adaptive Capacity V3 (medium
vulnerability)
V4 (high
vulnerability)
V5 (severe
vulnerability)
Medium Adaptive
Capacity
V2 (low
vulnerability)
V3 (medium
vulnerability)
V4 (high
vulnerability)
High Adaptive Capacity V1 (minimal
vulnerability)
V2 (low
vulnerability)
V3 (medium
vulnerability)
Item 3D - Page 32
Climate Change Hazards
Air Quality
Drought
Extreme heat and
warm nights
Flooding
Human Health
Hazards
Landslides
Severe Storms
Wildfire
Item 3D - Page 33
Assets
Infrastructure
Palm Springs
International
Airport
Transportation
networks
Energy
infrastructure
Buildings
Homes
Businesses
Critical and
essential facilities
Economic
drivers
Major employers
Renewable
energy
Recreation and
tourism
Ecosystems and
natural
resources
Desert
ecosystems
Chaparral
Riparian and
woodlands
Key service
Energy delivery
Government and
emergency
services
Communications
and transit
Item 3D - Page 34
Populations
• Some population groups may face disproportionate
i
mpacts from climate change.
• Persons with mobility challenges
• People with financial stress
• People with heightened exposure
• People with exclusion and/or social isolation
• Persons identifying as LGBTQIA+
Item 3D - Page 35
Key Vulnerabilities
• Households in poverty, immigrants and refugees, outdoor w
orkers, seniors living alone, and undocumented persons are the most vulnerable to climate change hazards.
• Single access roads and homes are the most vulnerable buildings an
d infrastructure, especially to landslides.
• State parks, regional parks, and outdoor recreation are the most vu
lnerable economic drivers.
• Juniper woodland is the most vulnerable ecosystem and natural re
source.
• Energy delivery, public transit, and water and wastewater are th
e most vulnerable key services, especially to flooding and severe weather.

Item 3D - Page 36
Revisions in Response to Sustainability
Commission Comments
• Updating the number of EV charging stations as of
N
ovember 2021.
• Updating census numbers with 2020 data.
• Adding in water conservation measures to the
Im
plications Section.
• Recommending resilience measures that also reduce
GH
G emissions.

Item 3D - Page 37
Implications for the General Plan Update
Sustainability Commission Meeting – June 28, 2022
Item 3D - Page 38
How the VA Informs the General Plan
• Identifies the hazards of concern and how they will
c
hange due to climate change.
• Evaluates which populations and community assets are
m
ost vulnerable.
• Prioritizes vulnerabilities.
• Sets the foundation for developing adaptation and
r
esilience strategies to increase resilience
communitywide.

Item 3D - Page 39
Next Steps
• Integrating the results of the Vulnerability Assessment i
nto the goals, policies, and implementation actions of
the General Plan.

Item 3D - Page 40
Thank you
Sustainability Commission Meeting – June 28, 2022
Item 3D - Page 41

CITY OF PALM SPRINGS

SAFETY ELEMENT UPDATE

VULNERABILITY ASSESSMENT REPORT FINAL

April 2022

Prepared for:

Client
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
760.323.8299

Prepared by:

PlaceWorks
700 South Flower Street, Suite 600
Los Angeles, California 90017
213.623.1443
[email protected]
www.placeworks.com

Item 3D - Page 42
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Item 3D - Page 43
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CITY OF PALM SPRINGS SAFETY ELEMENT UPDATE

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April 29, 2022 | Page i

TABLE OF CONTENTS
Introduction .................................................................................................................. ................................ 3 Community Profile ....................................................................................................................................... 3 Regulatory Framework ................................................................................................................................. 5 Climate Science Overview ............................................................................................................................ 6 Method ......................................................................................................................................................... 6 Climate Change Hazards ........................................................................................................ ...................... 11 Air Quality ................................................................................................................................................... 11 Drought ...................................................................................................................................................... 11 Extreme Heat and Warm Nights ................................................................................................................ 12 Flooding ...................................................................................................................................................... 13 Human Health Hazards .............................................................................................................................. 15 Landslides ................................................................................................................................................... 15 Severe Storms ............................................................................................................................................ 17 Wildfire ....................................................................................................................................................... 17 Populations and Assets ........................................................................................................ ........................ 20 Vulnerability Assessment Results .............................................................................................. .................. 22 Population and Asset Considerations ........................................................................................................ 22 Populations ................................................................................................................................................. 23 Built Systems and Services ......................................................................................................................... 24 Economic Assets ......................................................................................................................................... 27 Ecosystems and Natural Resources ........................................................................................................... 28 Implications for the General Plan Update ...................................................................................... ............. 29 Equity and Uncertainty .............................................................................................................................. 29 Opportunities ............................................................................................................................................. 30 Resilience in Other Planning Mechanisms ................................................................................................. 31 Bibliography .................................................................................................................. .............................. 33 Printed References ..................................................................................................................................... 33 Websites ..................................................................................................................................................... 34 List of Preparers ............................................................................................................. ............................. 35 Lead Agency ............................................................................................................................................... 35 PlaceWorks ................................................................................................................................................. 35 Appendix A: Vulnerability Assessment Results Matrix ........................................................................... ..... 37 Item 3D - Page 44
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CITY OF PALM SPRINGS SAFETY ELEMENT UPDATE

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Figures
Figure 1. Community Overview Map ........................................................................................................... 4 Figure 2. California Adaptation Planning Guide’s Recommended Method ................................................ 6 Figure 3. Vulnerability Scale ....................................................................................................................... 10 Figure 4. Projected Extreme Heat Days in Palm Springs ........................................................................... 12 Figure 5. Projected Warm Nights in Palm Springs ..................................................................................... 13 Figure 6. FEMA Flood Hazard Zones .......................................................................................................... 14 Figure 7. Landslide Susceptibility Areas ..................................................................................................... 16 Figure 8. Fire Hazard Severity Zones ......................................................................................................... 18 Figure 9. Historic Wildfire Perimeters (1878 to 2019) .............................................................................. 19

Tables
Table 1. Rubric for Impact Scoring ............................................................................................................... 9 Table 2. Rubric for Adaptive Capacity Scoring ........................................................................................... 10 Table 3. Vulnerability Scoring Matrix ......................................................................................................... 11 Table 4. Populations and Assets in the Vulnerability Assessment ............................................................ 20

Item 3D - Page 45
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CITY OF PALM SPRINGS SAFETY ELEMENT UPDATE

VULNERABILITY ASSESSMENT REPORT FINAL
April 29, 2022 | Page 3

INTRODUCTION
The City of Palm Springs (City) prepared this Vulnerability Assessment Report in conformance with State of California requirements to assess climate change vulnerability and address climate change adaptation and resilience as part of the General Plan Update (California Government Code Section 65302(g)). The goal of this requirement is to enable the community to prepare for, respond to, withstand, and recover from disruptions created or caused by climate change. This report discusses the regulatory framework and method for preparing a vulnerability assessment and incorporating adaptation and resilience into the General Plan, the climate change hazards affecting the resilience of Palm Springs, specific populations and assets in the assessment, and a summary of the vulnerability assessment results. The vulnerability assessment is a foundation for integrating adaptation and resilience policies into the Safety Element and General Plan by identifying a set of priority vulnerabilities in Palm Springs. These policies and programs are discussed in the “Implications for the General Plan Update” section.

Community Profile
Palm Springs is in the northern portion of Coachella Valley, surrounded by the San Bernardino Mountains to the north, the Little San Bernardino Mountains and the Sonoran Desert to the east, the Santa Rosa Mountains to the south, and the San Jacinto Mountains to the west. The San Jacinto Mountains rise nearly 10,850 feet above sea level, and the city sits under this mountain range at 479 feet above sea level. The city has a desert climate, with little rain and hot summers. According to the 2020 Decennial Census, Palm Springs is home to approximately 44,575 residents, more than 50 percent of which are over 55 years old.

The city covers approximately 94 square miles, as shown in Figure 1, that was originally home to the Agua Caliente Band of Cahuilla Indians. Only about 20 square miles in central Palm Springs is developed; the northern area of the city is primarily dedicated to wind and solar energy production and recreation activities, and the southern area is dedicated to open space and recreational activities. The Agua Caliente Band of Cahuilla Indians currently represents the largest single landowner in Palm Springs. Land uses within the urban development of the city consist of a mix of residential single-family homes, visitor lodging, commercial property, and leisure- and recreation-focused properties.

On average, annual high temperatures in Palm Springs range from 69 degrees Fahrenheit in December to 108 degrees Fahrenheit in July. Low temperatures range from 44 degrees Fahrenheit in December to 78 degrees Fahrenheit in July and August. The city receives an average of approximately 4.83 inches of precipitation per year, with some precipitation falling as snow in the San Jacinto Mountain range. Most precipitation falls during the winter months, with rare summer storms. Temperatures above 90 degrees Fahrenheit or higher have been recorded in all months of the year. The warm desert setting and mild winter makes Palm Springs a desirable location for senior residents and visitors seeking to spend time in the San Jacinto Mountains or Joshua Tree National Park.

Item 3D - Page 46
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CITY OF PALM SPRINGS SAFETY ELEMENT UPDATE

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Figure 1. Community Overview Map

Item 3D - Page 47
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r - 1 Palm Springs Sphere of
- - Influence
Facilities
(±) Airpo rt
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+ Hospital
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• • •
Library
• School
e Golf Course
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I
• Wastewater Treatment
e Convention/Othe r Evac Center
- Public Parks/Golf Courses
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----,
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CITY OF PALM SPRINGS SAFETY ELEMENT UPDATE

VULNERABILITY ASSESSMENT REPORT FINAL
April 29, 2022 | Page 5
Palm Springs’ primary transportation access is from State Route 111 (SR-111) via Interstate 10 (I-10), the primary highway in the Coachella Valley. I-10 runs west through Riverside County to downtown Los Angeles and east through the southern United State to the east coast. SR-111 runs through Palm Springs, connecting the city to I-10 in the north and the Salton Sea to the south. Other major roadways include Palm Canyon Drive and Indian Canyon Drive, which run through downtown Palm Springs and the southern portion of the urban area. Since 2013, the City has installed 69 electric-vehicle charging stations along many of the major roadways and commercial centers, including a high-speed charging station at the Visitors Center. Palm Springs International Airport is in the eastern part of the city. The SunLine Transit Agency operates three routes through Palm Springs that residents and visitors can use to travel around Palm Springs and to other areas of Coachella Valley. Amtrak provides long-distance train service via Palm Springs to Los Angeles, Chicago, and New Orleans. The City also maintains a robust bike and pedestrian network that includes six loops, the Gene Autry bikeway, and the Whitewater trail as well as several bike paths, lanes, and routes.

Regulatory Framework
In 2015, the State adopted Senate Bill (SB) 379, amending Section 65302(g) of the California Government Code to require the Safety Element of the General Plan to include more information about wildfire hazards, flooding risks, and other short-term and long-term threats posed by climate change. SB 379 is the foundation for adaptation and resiliency in general plan safety elements because it requires local governments to conduct vulnerability assessments as part of their long-range public safety planning efforts and to prepare adaptation and resilience goals, policies, and implementation measures that respond to the findings of the Vulnerability Assessment and protect against harm caused by climate change.

Other important updates to California Government Code Section 65302(g) related to safety elements are SB 1035 and SB 99. SB 1035, which establishes Section 65302(g)(6) of the California Government Code, builds on previous legislation, and requires local governments to review and update as needed their safety element during an update to their housing element or Local Hazard Mitigation Plan (or no less than every eight years). Any revisions should include updated information related to flood hazards, fire hazards, and climate adaptation and resilience. SB 99 established Section 65302(g)(5) of the California Government Code and requires jurisdictions to review and update the safety element to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes. This vulnerability assessment, along with the update to the Safety Element, will help the City of Palm Springs meet the state’s requirements and increase consistency with the 2017 City of Palm Springs Local Hazard Mitigation Plan.

The California Governor’s Office of Emergency Services prepared a guidance document, the California Adaptation Planning Guide, to assist communities in addressing climate adaptation and resilience, and complying with Section 65302(g) of the California Government Code. This guide presents a step-by-step process for gathering the best available climate change science, completing a climate change vulnerability assessment, creating adaptation strategies, and integrating those strategies into general plans and other policy documents. The City’s vulnerability assessment is consistent with the guidance and recommended methods in the California Adaptation Planning Guide.

Item 3D - Page 48
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CITY OF PALM SPRINGS SAFETY ELEMENT UPDATE

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Climate Science Overview
Climate change is a long-term change in the average meteorological conditions in an area. Currently, the global climate is changing due to an increase in greenhouse gas (GHG) emissions that trap heat near the Earth’s surface. Though certain levels of GHGs are necessary to maintain a comfortable temperature on Earth, an increased concentration due to human activity traps additional heat, changing Earth’s climate system in several ways. These effects cause primary climate stressors, which include warmer temperatures and changes in precipitation patterns, which can cause and exacerbate secondary climate stressors. Secondary climate stressors, also known as climate change hazards, can include flooding, severe weather, wildfires, landslides, drought conditions, and others. According to the California Adaptation Planning Guide, these hazards have the potential to cause fatalities, injuries, property and infrastructure damage, interruption of business, and other types of harm or loss. This Vulnerability Assessment Report evaluates the impacts created by climate change hazards, the ability of Palm Springs’ populations and community to resist these hazards, and which aspects of the community are most vulnerable to climate change.

Method
The Vulnerability Assessment analyzes how a changing climate could harm Palm Springs and which aspects of the community—e.g., people, buildings a nd infrastructure, services, and economic drivers— are most vulnerable to its effects. The vulnerability assessment primarily follows the recommended, four- step process in the California Adaptation Planning Guide: (1) characterize the community’s exposure to current and projected climate hazards; (2) identify potential sensitivities and potential impacts to community populations and assets; (3) evaluate the current ability of the populations and assets to cope with climate impacts, also referred to as its adaptive capacity; and (4) identify priority vulnerabilities based on systematic scoring. Figure 2 shows these steps.

Figure 2. California Adaptation Planning Guide’s Recommended Method

Step 1: Identify Exposure. The goal of this step is to characterize the community’s exposure to current and projected climate change hazards. Many projections of climate change hazards rely on multiple scenarios that reflect different levels of how global GHG emissions and atmospheric GHG concentrations may change over time. The Intergovernmental Panel on Climate Change (IPCC), an organization that represents the global scientific consensus about climate change, has identified four climate scenarios, or Representative Concentration Pathways (RCP), that can be used to project future conditions. RCPs are labeled with different numbers (e.g., RCP 2.6, RCP 6) that refer to the increase in the amount of energy that reaches each square meter of Earth’s surface under that scenario. The four RCPs are:

Step 1. Identify Exposure
Step 2. Identify Sensitivities and Potential Impacts
Step 3. Assess Adaptive Capacity
Step 4. Prioritize Vulnerability Scoring
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• RCP 2.6: Global GHG emissions peak around 2020
and then decline quickly.
• RCP 4.5: Global GHG emissions peak around 2040
and then decline.
• RCP 6: Global emissions continue to rise until the
middle of the century.
• RCP 8.5: Global emissions continue to increase at
least until the end of the century.

The Cal-Adapt database, which provides California-specific climate change hazard projections, uses RCP

4.5 for a low emissions scenario and RCP 8.5 for a high emissions scenario. The California Adaptation Planning Guide and the Governor’s Office of Planning and Research’s Planning and Investing for a Resilient California recommend using RCP 8.5 for analyses that consider impacts through 2050 because there are minimal differences between emission scenarios for the first half of the century. The California Adaptation Planning Guide also recommends using RCP 8.5 for late-century projections for a more conservative and risk-adverse approach. The City input the RCP 8.5 GHG emission scenario into global climate models on the Cal-Adapt database and other resources.* The first step of this vulnerability assessment was to confirm which climate change hazards are expected to affect Palm Springs. The City identified eight climate change hazards for this assessment that are discussed in more detail in Section 2.

1. Air Quality

2. Drought

3. Extreme Heat and Warm Nights

4. Flooding

5. Human Health Hazards

6. Landslides

7. Severe Weather

8. Wildfire
The City derived the climate change hazard data from up-to-date information, including the state Cal- Adapt database, the California Adaptation Planning Guide, the California 4th Climate Change Assessment, the California Geologic Survey, the Federal Emergency Management Agency, and the California Board of Forestry and Fire Protection.

* The IPCC recently released “The Physical Science Basis” of the Sixth Assessment Report that updates global climate change projections for the near term, midterm, and long term based on greenhouse gas emission trends from the past decade. It moves away from using RCPs, instead using five different scenarios called “shared socioeconomic pathways,” which consider socioeconomic trends underlying each scenario. This Vulnerability Assessment does not use these updated projections because at time of writing they are not available at a local scale. However, the IPCC report does reaffirm the use of projections comparable to RCP 8.5 as the suggested emission scenario to use for Cal- Adapt data.

Exposure: The presence of people,
infrastructure, natural systems, and
economic, cultural, and social
resources in areas that are subject to
harm.

Source: California Adaptation Planning Guide
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Step 2. Identify Sensitivities and Potential Impacts. This step included evaluating past and potential future climate
change impacts to community populations and assets. The City first identified a list of populations and assets to include in the assessment under the following six
categories:

1. Populations: People that experience a heightened
risk or increased sensitivity to climate change or
have a lower capacity or fewer resources to adapt
to or recover from climate impacts.

2. Infrastructure: Structures that provide essential
services to Palm Springs community members and visitors.

3. Buildings: Homes, nonresidential buildings, and other building types.

4. Important Economic Assets: Properties and activities that make significant contributions to the Palm Springs economy.

5. Ecosystems and Natural Resources: Types of wild and natural lands within the city boundary.

6. Key Community Services: Important and essential functions to community members provided by government agencies and private companies.

The list included 17 populations, 19 infrastructure types, 10 building types, 6 economic assets, 5 ecosystems and natural resources, and 9 key community services. After confirmation of the list, the City looked at which hazards are likely to affect which populations and assets, because not all hazards affect all populations or assets. For example, human health hazards are likely to impact most populations, but they would not physically affect community parks or school buildings.

The outcome of this step was an applicability review that identified whether a population or asset is likely to be exposed to a hazard. If a population or asset has the potential to be affected directly or indirectly by a hazard, the City confirmed it for inclusion in the vulnerability assessment. Direct impacts affect buildings and infrastructure, health or populations, or immediate operations of economic drivers or community services, and they can lead to indirect impacts on the broader system or community, including populations or asset types in a different category. For example, severe weather can directly damage electrical transmission lines, causing power outages, and thus indirectly impact persons with chronic illnesses who depend on electricity for life support systems. Therefore, both electrical transmission lines and persons with chronic illnesses would be marked “yes” for being affected by severe weather and would be evaluated in the assessment.

After the applicability review, the City evaluated potential impacts to the applicable populations and community assets. To identify the magnitude of each relevant hazard’s impacts on the populations and community assets, the City considered a number of different questions that helped ensure the assessment covered a broad range of potential harm. Examples of these questions include:
• Could the hazards cause injury or damage? Is there a risk of behavioral or mental harm, loss of economic activity, or other nonphysical effects?
• How many people or community assets could be harmed both directly and indirectly? • How long would the impacts persist?
• Is there a substantial chance of death or widespread destruction? Sensitivity: The level to which a species,
natural system, community,
government, etc., would be affected by
changing climate conditions.

Impact: The effects (especially the
negative effects) of a hazard or other
conditions associated with climate
change.

Source: California Adaptation Planning Guide
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Based on the results of the impact assessment, the City ranked each sensitivity on a five-point scale (0 to 4) for each relevant exposure. IM0 is the lowest impact, and IM4 is the highest impact. Impact is considered a negative quality, and therefore a higher impact score means that there is a higher potential for harm to a population or asset. A lower impact score means that there is a lower potential for harm to a population or asset. Table 1 provides more detail about what each score means.

Table 1. Rubric for Impact Scoring
Impact Score Meaning (People and Ecosystems) Meaning (Buildings, Infrastructure, Services, and Economic Drivers)
IM0. Minimal
Impact
Community members may not notice any
change.

Damage, interruption in service, or impact on
the local economy is small or intermittent
enough to mostly go unnoticed.

IM1. Low Impact
Community members notice minor effects.

Daily life may experience mild, occasional
disruptions.

There are minor but noticeable interruptions
in service, damage, or negative effects on the
economy.

IM2. Moderate
Impact
There is a marked impact to the community.

Quality of life may decline. Impacts may be
chronic, and at times substantial.

Damage, service interruptions, and other
impacts are clearly evident. Impacts may be
chronic and occasionally substantial.

IM3. Significant
Impact
The well-being of the community declines
significantly. The community’s current
lifestyle and behavior may no longer be
possible.

Impacts are chronic. Buildings, infrastructure,
and services may be often or always unable to
meet community demand. Large sections of
the economy experience major hardships.

IM4. Severe
Impact
There is a severe risk of widespread injury or
death to people, or of significant or total
ecosystem loss.

Buildings, infrastructure, and services cannot
function as intended or needed. Economic
activities are not viable.

Step 3. Assess Adaptive Capacity. Adaptive capacity is the ability of populations and community assets to prepare for, respond to, and recover from the impacts of climate
change. The City evaluated each population and asset for adaptive capacity by considering the following questions:

1. Are there existing programs, policies, or funding to provide assistance?

2. Are there barriers that limit response or recovery?
Are these barriers financial limitations, political
challenges, lack of access to technology or other
resources, or others?

3. Do alternatives exist in or near Palm Springs that community members can use? Based on the results of the adaptive capacity assessment, the City ranked each population or asset on a five-point scale (0 to 4) ranging from AC0 (the lowest adaptive capacity) to AC4 (the highest adaptive capacity).

Adaptive Capacity: The “combination
of the strengths, attributes, and
resources available to an individual,
community, society, or organization
that can be used to prepare for and
undertake actions to reduce adverse
impacts, moderate harm, or exploit
beneficial opportunities”.

Source: California Adaptation Planning Guide
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Adaptive capacity is considered a positive attribute, so a higher adaptive capacity score means that a population or asset may be more adaptable to the hazard. A lower adaptive capacity score means that a population or asset may have a harder time adjusting to the changing conditions. Table 2 provides more detail about what each score means.

Table 2. Rubric for Adaptive Capacity Scoring

Step 4. Prioritize Vulnerability Scoring. The City used the impact and adaptive capacity scores for each population and asset for each relevant hazard to determine the vulnerability score. The vulnerability (V) score reflects how susceptible the population or asset is to harm from a particular hazard.

Vulnerability is assessed on a scale of 1 to 5, as shown in Figure

3. The matrix below (Table 3) shows how impact and adaptive capacity scores combine and translate into a vulnerability score. For example, extreme heat would create a significant impact (IM3) on energy delivery because mechanical failures, heat damage, and high demand for electricity from cooling equipment can disrupt this service. Adaptive capacity is low (AC1) because many community members need to use more electricity on extreme heat days to keep cool, and retrofitting electrical equipment can be expensive. Therefore, energy delivery services are severely vulnerable (V5) to extreme heat.

Adaptive Capacity Score Meaning
AC0. No Adaptive Capacity Currently, there are no feasible means of adapting.

AC1. Low Adaptive Capacity
Adaptive solutions are available, but they are expensive, technologically difficult, and/or politically unpopular. Alternatives may not exist that can provide similar services.

AC2. Some Adaptive Capacity
Some adaptation methods are available, but not always feasible. Adapting may create significant challenges for some sensitivities. Some alternatives exist within community or nearby that can provide similar services.

AC3. High Adaptive Capacity
Adaptation solutions are feasible for most or all sensitivities. There may be occasional or small-scale challenges to implementing adaptation methods. Many alternatives exist in the area that can provide similar services.

AC4. Outstanding Adaptive
Capacity
Sensitivities can adapt with little or no effort. Quality of life is unchanged or may improve.

V1: Minimal
Vulnerability
V2: Low
Vulnerability
V3: Moderate
Vulnerability
V4: High
Vulnerability
V5: Severe
Vulnerability
Figure 3. Vulnerability Scale
Vulnerability: The degree to
which natural, built, and human
systems are susceptible “…to
harm from exposure to stresses
associated with environmental
and social change and from the
absence of capacity to adapt.”
Source: California Adaptation Planning
Guide
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Table 3. Vulnerability Scoring Matrix
Impact Score
IM0 IM1 IM2 IM3 IM4
Adaptive Capacity
Score
AC0 V3 V4 V5 V5 V5
AC1 V2 V3 V4 V5 V5
AC2 V1 V2 V3 V4 V5
AC3 V1 V1 V2 V3 V4
AC4 V1 V1 V1 V2 V3

CLIMATE CHANGE HAZARDS
As described in the California Adaptation Planning Guide, hazards are events or physical conditions that have the potential to cause fatalities, injuries, property and infrastructure damage, interruption of business, and other types of harm or loss. Some natural hazards are not related to climate change, such as earthquakes, which do not have a known connection with climate change. Climate change hazards focus on natural hazards that can change in frequency and intensity due to climate change. The Vulnerability Assessment assessed the climate change hazards that are most relevant to the City of Palm Springs. This section discusses the climate change hazards based on projections provided by Cal-Adapt, the California Fourth Climate Change Assessment, the City of Palm Springs Local Hazard Mitigation Plan, the Federal Emergency Management Agency, and scholarly research.

Air Quality
The dominant sources of air pollution in Palm Springs are ozone pollution from vehicle exhaust and agricultural soils, fine particulate matter and dust from the Salton Sea, and smoke from wildfires in the region. Higher future temperatures will likely increase the production of ground-level ozone, especially in desert cities like Palm Springs, which already experience high levels of this pollutant. Ground-level ozone is associated with a variety of negative health outcomes, including reduced lung function, pneumonia, asthma, cardiovascular diseases, and premature death. As more frequent and severe drought and extreme heat occur in the region, the playa on the Salton Sea is expected to dry, increasing dust production and creating toxic airborne emissions in the region. Smoke from wildfires in the region can also increase air pollution levels and create a significant health risk in the region.

Drought
A drought occurs when conditions are drier than normal for an extended period, making less water available for people and ecosystems. Droughts are a regular occurrence in California; however, scientists expect that climate change will lead to more frequent and more intense droughts statewide. According to the U.S. Drought Monitor, Riverside County and Palm Springs are in severe drought conditions, and much of California is in extreme or exceptional drought conditions. Palm Springs receives water from the Coachella Valley Water District, Desert Water Agency, and Mission Springs Water District through groundwater, purchased water, and recycled water sources. Based on the 2018 Coachella Valley Integrated Regional Water Management Plan, the Coachella Valley obtains most of its water from the Colorado River, with small amounts from groundwater and recycled water sources. The water agencies have State Water Project allocations, but due to infrastructure limitations, these allocations are Item 3D - Page 54
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exchanged as part of an agreement with the Metropolitan Water District of Southern California for Colorado River water. The Colorado River experiences a reduction in water supply during drought conditions. This can cause water shortages and heavier reliance on groundwater supplies to meet the needs of Palm Springs residents and businesses. The water districts and agencies providing water to Palm Springs each has a Water Shortage Contingency Plan with specific demand reduction actions to conserve water and ensure reliable supplies. The price of water could, however, increase through drought rate surcharges, increasing the economic instability of low-income residents.

Extreme Heat and Warm Nights
Extreme heat occurs when temperatures rise significantly above normal levels. In Palm Springs, an extreme heat day occurs when temperatures reach above 107.1 degrees Fahrenheit. As shown in Figure 4, the number of extreme heat days in Palm Springs is projected to increase from a historic annual average of 4 extreme heat days per year to an average of 28 extreme heat days per year by midcentury and an average of 50 extreme heat days per year by end of century.

Figure 4. Projected Extreme Heat Days in Palm Springs

Extreme heat can also occur in the form of warmer nights when temperatures do not cool enough overnight to provide relief from the heat. In Palm Springs, a warm night occurs when the temperature remains above 74.2 degrees Fahrenheit. As shown in Figure 5, the number of warm nights in Palm Springs is projected to increase from a historic annual average of 4 warm nights per year to an average of 32 warm nights per year by midcentury and an average of 64 warm nights per year by the end of the century.

0 10
20 30
40 50
60 70
2021
2024
2027
2030
2033
2036
2039
2042
2045
2048
2051
2054
2057
2060
2063
2066
2069
2072
2075
2078
2081
2084
2087
2090
2093
2096
2099
Number of Extreme Heat Days
YearSource: Cal-Adapt, 2020.

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Figure 5. Projected Warm Nights in Palm Springs

Extreme heat can cause heat-related illnesses, such as heat cramps, heat exhaustion, and heat stroke, in addition to exacerbating respiratory and cardiovascular conditions. Some homes in Palm Springs may lack air conditioning, and as a result people living in these homes may be more susceptible to harm from extreme heat events. If homes have air conditioning, residents may find increased use cost prohibitive, especially for older or less efficient systems. Some types of infrastructure, including power lines and roadways, face greater stresses during high temperatures that make failure more likely.

Flooding
Flooding can cause significant harm to buildings, people, and infrastructure. Floodwater can be deep enough to drown people and can move fast enough to carry away people or heavy objects (such as cars).

Flooding can be caused by heavy rainfall, extended periods of moderate rainfall, or clogged drains during periods of rainfall. In rare instances, a break in a dam, water pipe, or water tank can also cause flooding.

Flash floods are floods that develop very quickly, and they can be especially dangerous because they give little or no warning. Persons experiencing homelessness and others who may be outdoors in the path of a flood can face particularly high risks from these events.

Storm drainage systems throughout the city collect stormwater runoff and convey water to prevent flooding, although these systems are typically designed based on winter storms recorded in the past and may not be designed to accommodate more intense storms. Scientists project that climate change will increase the frequency and intensity of floods in Palm Springs, although total annual precipitation levels are only expected to increase slightly. Figure 6 shows the FEMA-designated flood hazard areas in Palm Springs.

0 10
20 30
40 50
60 70
80 2021
2024
2027
2030
2033
2036
2039
2042
2045
2048
2051
2054
2057
2060
2063
2066
2069
2072
2075
2078
2081
2084
2087
2090
2093
2096
2099
Number of Warm Nights
YearSource: Cal-Adapt, 2020.

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Figure 6. FEMA Flood Hazard Zones

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cl Palm Siprings City Limits
r-a Palm Springs S?hi!!H! o ·
- In uttnce
Flood 2one
100-Yea r F MA Flooo {1 %
- Annnual Cha:nc:e Flood a2ard
ZOTie X, 0.2% Aln u I Cha Ce·
- Floo-d t1!.mmi (SOO-Y ar f lood)
Z.011ni X, AJ a with R.eclu~ed
Floo,d R- k D\i to ~
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Source: FEM A 2020
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Human Health Hazards
There are several diseases, such as hantavirus pulmonary syndrome, Lyme disease, West Nile virus, and influenza, that are linked to climate change and can be debilitating or fatal for some of the population.

Pests such as mice, rats, ticks, and mosquitos carry these diseases. Climate change can increase the rates of infections because many of the animals that carry diseases are more active during warmer weather, and their populations may expand in size due to higher levels of rainfall during storm events and stagnant water after flooding, increasing the time for disease transmittal. Some diseases and illnesses have the potential to become epidemics or pandemics if they spread within communities, regions, or over multiple countries. Epidemics and pandemics, such as the COVID-19 pandemic, can worsen existing health conditions as well as cause economic disruptions in the city and region. Mental health and stress-related disorders also increase following natural disasters such as flooding or severe weather events. The City evaluated health hazards from air pollutants as part of the air quality hazard discussion.

Landslides
Landslides occur when a mountainside becomes unstable, causing soil and rocks to slide downslope.

Landslides can include rock falls, deep failures of slopes, and shallow debris flows. Landslides are most common on steep slopes and mountainsides made up of loose soil or other material where excavation and grading, drainage alterations, or changes in vegetation have occurred. The vulnerability assessment looks at landslides that are caused by precipitation, although earthquakes can also trigger landslides.

Mountainsides commonly absorb water, which increases instability of the slope and may increase the risk of slope failure. Steep slopes made of loose or fractured material are more likely to slide. In some cases, hillsides become so saturated that slope failures result in a mudslide (a mixture of soil and water moving downslope). As shown in Figure 7, steeper slopes in the San Jacinto Mountain range are in high landslide susceptibility areas, and the flatter, urban area of Palm Springs is outside of this zone. Landslides and mudslides can move fast enough to damage or destroy homes or other structures in their path, block roadways (including evacuation routes), and injure or kill people caught in them.

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Figure 7. Landslide Susceptibility Areas

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r - 1 Palm Springs Sphere of
- - Influence
Landslide
Susceptibility Classes
oo
0111
ov
ov1
VII
- VIII
- IX
-x
Mi les
Source : CGS 2020
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Severe Storms
Severe weather can include high winds, sandstorms, hail, and lightning, which are usually caused by intense storm systems, although high winds and sandstorms can occur without a storm. As described in the Inland Desert Summary Report from the California Fourth Climate Change Assessment, the connection between climate change and severe storms is not as well established as other hazards, but new evidence suggests that these forms of severe weather may occur more often than in the past.

Severe winds, such as the Santa Ana winds, tend to be most frequent during October to April and can have average speeds of 40 miles per hour. These winds can destroy buildings, knock over trees, damage power lines and electrical equipment, and fan small sparks into large wildfires in the region. These winds can also pick up dust and other particulate matter from the desert or dry lakebed of the Salton Sea— known as “blowsand” or “windblown sand”—causing sandstorms that lower visibility and cause toxic particulate matter to get into buildings. In severe instances, roadways can be blocked, and other infrastructure can be damaged by a sandstorm. Severe storms can also bring heavy rainfall, which can lead to flash floods and ponding in areas of the city not protected by a levee. Though less common in the city, hail and lightning can damage the buildings and infrastructure supporting economic sectors and key services.

Wildfire
Wildfires are a regular feature of the landscape in much of California. They can be sparked by lightning, malfunctioning equipment, vehicle crashes, and many other causes. Warmer temperatures, an increase in drought conditions, and extreme wind events are likely to create more fuel for fires in natural and rural areas, leading to a greater chance that a spark will grow into a dangerous blaze. Climate change is also expected to extend the fire season throughout much (or even all) of the year. Figure 8 shows the fire hazard severity zones surrounding Palm Springs to the west and south in the San Jacinto Mountain. Three major wildfires have occurred near the city in recent decades: the Dry Falls fire in 1980, the Palm fire in 1994, and the Mountain fire in 2013. Figure 9 shows the historic wildfire perimeters in and surrounding Palm Springs. Because wildfires burn the trees and other vegetation that help stabilize a hillside and absorb water, more areas burned by fire may also lead to an increase in landslides and debris flows.

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Figure 8. Fire Hazard Severity Zones

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Figure 9. Historic Wildfire Perimeters (1878 to 2019)

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j'_ -_ j Palm Sprin gs Sphere of Influ ence
CalFire Historic Wildfire Perimete rs
Year
1111 2011 - 2019
1111 2001 - 2010
1111 1976 -2000
1951 - 1975
1926 - 1950
~ 1900 - 1925
Source: CAL FIRE 2020
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POPULATIONS AND ASSETS
Populations and assets are the people, infrastructure, services, and economic drivers in Palm Springs that can be affected by climate change. The vulnerability assessment looks at how each population and community asset may be affected by each of the climate change hazards discussed in Section 2. The California Adaptation Planning Guide provides a general list of populations and assets, which the City of Palm Springs refined and used to develop six distinct asset categories: (1) populations, (2) buildings, (3) infrastructure, (4) important economic assets, (5) ecosystems and natural resources, and (6) key community services. In total, Palm Springs identified 66 distinct populations and assets, as shown in Table 4. Figure 1 shows the location of key community and critical facilities for the vulnerability assessment.

Table 4. Populations and Assets in the Vulnerability Assessment

CATEGORY POPULATION OR ASSET
Populations
Children
Cost-burdened households
Households in poverty
Immigrants and refugees
LGBTQIA+
Linguistically isolated populations
Low-income households
Outdoor workers
Persons experiencing homelessness
Persons living on single access roads
Persons with chronic illnesses
Persons with disabilities
Persons without access to lifelines
Renters
Seniors
Seniors living alone
Undocumented persons
Infrastructure
Airport
Bike routes
Bridges
Communication facilities
Electrical substations and transmission lines
Electric vehicle charging stations
Evacuation routes
Flood control infrastructure
Hazardous materials sites
Major roads and highways
Natural gas pipelines
Parks and open space
Power plants
Privately owned open space
Railways
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CATEGORY POPULATION OR ASSET
Single access roads
Solid waste facilities and closed landfills
Transit stops
Water and wastewater infrastructure
Buildings
Community centers
Commercial centers
Emergency shelters/cooling centers
Government buildings
Homes and residential structures
Homeless shelters
Libraries
Medical and care facilities
Public safety buildings
Schools
Important Economic
Assets
Golf courses
Major employers
Outdoor recreation
Renewable energy
State and regional parks
Tourism
Ecosystems and Natural
Resources
Sonoran Desert scrub
Chaparral habitat
Riparian forest and woodland
Juniper woodland
Desert interior dune
Key Community Services
Air services
Communication services
Emergency medical response
Energy delivery
Government administration and community services
Public safety response
Public transit access
Solid waste removal
Water and wastewater

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VULNERABILITY ASSESSMENT RESULTS
The vulnerability assessment evaluates the impact and adaptive capacity of each population and asset for each relevant hazard. The City assigned vulnerability scores on a scale of 1 to 5 (as shown in Figure 2) to reflect how susceptible the population or asset is to harm posed by the hazard. In total, the City assessed 357 different pairings for vulnerability. This section provides a summary of the key vulnerabilities in Palm Springs. For a complete list of vulnerability scores for all populations and assets, see Appendix A.

Population and Asset Considerations
While selecting and assessing various populations and assets to include in the Vulnerability Assessment, the City considered the differences in the population sample pool between datasets and how some populations and asset categories may appear to refer to the same thing.

Statistics, especially statistics related to population, use the concept of a “sample pool.” In the context of this Vulnerability Assessment, the sample pool draws from the overall group of people that are being measured or studied. For example, in a political poll among registered voters, the sample pool only includes registered voters, since unregistered voters do not fall into this category.

This concept is important because some of the demographics used in the Vulnerability Assessment have different sample pools. Most of the demographic data come from the US Census Bureau’s American Community Survey (ACS), and most of these data have a sample pool of either all residents or all households in the city. However, a few are different, such as:
• Data on persons with limited English proficiency only count people who are at least 14 years old instead of the total population, since young children generally are not proficient in any language. • Statistics that only count the noninstitutionalized population (e.g., people not in prisons or long- term care homes).

This does not affect the outcome of the Vulnerability Assessment, but it creates slight differences in the number of people counted as part of each population.

Of the 64 populations and assets in the Vulnerability Assessment, a few may appear redundant. For example, the Vulnerability Assessment looked at both public safety buildings (as a Buildings asset) and at public safety response (as a Key Community Service asset). To be as comprehensive as possible, the Vulnerability Assessment looks at physical structures separately from the services or benefits they provide. In the same way, the Vulnerability Assessment looks at frontline or underserved populations separately from the homes they live in or the industries where they work.

This is because the effects of climate change on one type of population or asset can be different from the effects on related populations and assets. For example, if a flood damaged or destroyed a rural road, such as SR-111, it would have a significant impact on public safety services in and around the city. However, the loss of SR-111 would do no physical damage to police or fire stations. Similarly, a drought can have a major effect on water and wastewater services by reducing the amount of water available, but droughts have little or no physical effect on water and wastewater pipelines or pumps.

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Populations
Of the 17 populations evaluated in the vulnerability assessment, 14 were highly or severely vulnerable (scoring V4 or V5) for at least one hazard type. Populations generally are most vulnerable to wildfire, extreme heat, and air quality. The most vulnerable populations include households in poverty, immigrants and refugees, outdoor workers, persons experiencing homelessness, seniors living alone, and undocumented persons. The list below summarizes the high and severe vulnerabilities, grouping together populations with similar impacts or adaptive capacity.

Households with financial instability, which are households that may have limited incomes or be cost burdened (paying at least a third of their gross income on housing costs), are severely or highly vulnerable to all hazards that will impact Palm Springs. These persons, especially households in poverty, are more likely to live in homes with less insulation, less structural stability, or lack of air conditioning, increasing exposure to unsafe living conditions due to mold and mildew damage from flooding, high indoor air temperatures from extreme heat and warm nights, and poor indoor air quality from air pollution and severe weather. Households with financial instability may lack the financial means to recover from property damage or illnesses cause by climate change hazards.

Persons that spend an extended amount of time outdoors, including children and outdoor workers, are severely vulnerable to air quality, extreme heat, human health hazards, and smoke from wildfires.

Children tend to spend more time outdoors than many adults and may not be aware of the onset of heat- related illnesses such as heat exhaustion or heat stroke. Reduced air quality from smoke, ozone, or particulate matter can also decrease the ability of young children to adapt to warmer temperatures over time. Outdoor workers are directly exposed to extreme heat, human health hazards, and the poor air quality due to the outdoor nature of their occupations. Outdoor work often involves physically intense work, which can increase the risk of medical complications. Outdoor work can be halted during hazardous conditions, such as sandstorms or flooding, creating economic hardships for outdoor workers. This may also limit the ability of outdoor workers to seek medical attention for heat or air quality related illnesses.

Persons with existing health conditions or limited mobility, such as seniors, seniors living alone, persons with chronic illnesses, persons with disabilities, and persons without access to lifelines, are highly vulnerable to air quality, extreme heat, human health hazards, landslides, and wildfire. Extreme heat, pathogens from human health hazards, and smoke from wildfires can cause cardiovascular and respiratory illnesses, which may be difficult for many people to recover from, especially those with compromised immune systems or chronic illnesses. Seniors especially are usually more susceptible to heat-related illnesses, pathogens, and smoke conditions because they are more likely to have medical conditions that can worsen with extreme heat and often take medicine that makes it harder for them to stay cool. These individuals may also have difficulty evacuating during emergencies caused by flooding, landslides, or wildfires. Power outages can also isolate these persons and potentially cause life-support systems to fail.

Persons with language barriers and citizenship uncertainty are highly or severely vulnerable to multiple hazards due to their citizenship, language barriers, or immigration status. Most of these populations may be hesitant to seek help or may not qualify for financial assistance programs that can help them prepare and recover from a disaster. People with citizenship or immigration concerns, such as undocumented immigrants, are severely vulnerable to air quality, extreme heat, human health hazards, and severe weather, because this population may not live in structures that adequately shelter from these hazards Item 3D - Page 66
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and they may be required to work in extreme heat or poor air quality conditions. If employers halt work because of hazardous conditions, undocumented persons may face financial hardship. These individuals may also live in low-lying areas or in structures that are less resilient to damage, and therefore are highly vulnerable to severe weather and flooding.

Persons experiencing homelessness lack permanent and often temporary shelters, which can leave them directly exposed to high temperatures, poor air quality, sandstorms, and smoke from wildfires. These persons may not have access to cool locations, water, sunscreen, or protective equipment to increase resiliency to extreme heat and human health hazards. Persons experiencing homelessness are also severely vulnerable to severe storms and may have a challenging time recovering if high winds and intense rain events damage or destroy temporary shelters and personal property.

Persons living on single access roads are primarily in the western part of Palm Springs, which is adjacent to the San Jacinto Mountain range and located in landslide and wildfire hazard areas. These persons are severely vulnerable to landslides and highly vulnerable to wildfire. Landslides and wildfires can block single access roadways, preventing persons living on these roadways from evacuating during an emergency.

Built Systems and Services
The built systems and services include vulnerabilities to infrastructure, buildings, and services that the City and other organizations provide. The built systems and services are most vulnerable to flooding and landslides. Of the 38 infrastructure, building, and service assets in the assessment, 21 were highly or severely vulnerable (scored V4 or V5) for at least one hazard.

Single-access roads have the largest number of high and severe vulnerability scores due to the absence of alternative routes available. Many single access roadways, such as Palm Canyon Drive, are within or adjacent to the San Jacinto Mountains, and therefore are severely vulnerable to landslides. Landslides can make single-access roadways impassable, isolating those who live on these roads and preventing them from evacuating. Single access roadways, such as Indian Canyon Drive in northern Palm Springs, can also become impassable due to flooding, sandstorms, and wildfires, which can undermine the foundations or the materials of these roads.

Homes and residential structures are severely vulnerable to landslides and highly vulnerable to flooding, severe weather, and wildfire. Homes in western and southern Palm Springs are in high wildfire and landslide potential areas due to their proximity to the San Jacinto Mountains. These hazards can damage or destroy homes.

Homes throughout the city are in the 100-year or 500-year floodplains and can be destroyed by large floods or flash floods. If flooding does not destroy a home, it can leave mold and mildew, making the structure uninhabitable.

Homes, especially older homes, can also be damaged by high winds, sandstorms, and other severe weather. According to the American Community Survey 2019 five-year estimates, over half of homes in Palm Springs were built prior to 1980, with a large portion of homes built between 1960 and 1980. The Home Energy Assessment rebate program and funding sources such as Energy Savings Assistance Program, Multi-family Green Initiative, SoCal Gas rebates, and SCE energy-efficiency upgrades can help low-income residents and homeowners retrofit their homes. Homes can also be hardened against Item 3D - Page 67
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flooding and landslides, and defensible space can be created to prevent damage from wildfires. However, these adaptive options can be expensive and are not always feasible for residents with fixed or limited incomes.

Air services are highly or severely vulnerable to extreme heat and severe weather because airplanes may not be able to take off or land during dangerous conditions. During extreme heat events that reach 115oF to 120oF, aircraft may be unable to generate enough lift during take-off because the air is less dense. This can ground airplanes and cause delays in air services, sometimes for hours. Dust storms and high winds create low visibility and dangerous conditions for aircraft. These events can also delay air services hours or days, depending on the severity. Visitors and residents that use Palm Springs International Airport may be able to use other airports, but these may not have commercial flights or be much farther away.

Evacuation routes and transportation infrastructure are highly or moderately vulnerable to extreme heat, flooding, and severe weather. Extreme heat and prolonged periods of high temperatures can crack, heave, or deform roadway materials, damaging major roads and evacuation routes or making them difficult to drive on. Evacuation routes, such as I-10 and SR-111, have sections that are within the 100- year floodplain. Floodwaters can make these major routes impassable and prevent people from evacuating during an emergency. Windblown sand can cover evacuation routes and make them impassable so that it is difficult or impossible to evacuate in an emergency. Roadways can be retrofitted with materials that have higher temperature thresholds, evacuation-designated roadways can be raised to prevent flooding, and roads can be cleared of debris from severe weather. Though Caltrans may have funds for increased roadway maintenance, Palm Springs may not have the budget to increase maintenance on local roadways.

Energy infrastructure and delivery services are highly or severely vulnerable to extreme heat, flooding, landslides, severe weather, and wildfire. Energy delivery services depend on overhead power lines, power plants, and underground natural gas pipelines, which are owned and operated by SCE and SoCal Gas and are susceptible to extreme heat, flooding, high winds, landslides, and wildfire.

Extreme heat can cause power outages due to mechanical failure of electrical equipment, heat damage to the above-ground infrastructure, and a high demand for electricity due to air conditioning units.

Increased electricity usage for air conditioning during heat waves can overtax electrical transmission lines and transformers, which may disfunction or fail, causing power outages. Solar and wind energy production could also decrease due to extreme heat. Solar photovoltaic panels experience a 10 to 25 percent decrease in efficiency when converting solar energy to electric energy in high temperatures.

Severe weather with high wind speeds can make wind turbines lock in place to prevent damage, and cause transmission lines to sway close to each other, potentially leading to arcing. This can generate sparks, excessive heat, and damage the lines. In high winds from severe weather, SCE may turn off electricity in a Public Safety Power Shutoff to prevent sparks, disrupting energy delivery to the city.

Wildfires can damage power lines, natural gas lines, and substations. Landslides can damage both electrical transmission lines and natural gas pipelines if their foundations are undermined or fail. SCE and SoCal Gas can retrofit power lines and other equipment to insulate them against extreme heat events and severe weather and remove diseased or dead trees surrounding the lines and underground utilities to protect them from falling trees and wildfires.

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Communication infrastructure and services, including phone, cable, and internet, are highly vulnerable to severe weather that blows dust and soil from the Salton Sea area. This can cause power outages that turn off communication infrastructure, preventing visitors, businesses, and residents from receiving emergency notifications and evacuation notices. Communication facilities can be retrofitted to prevent damage and keep communication capabilities on. However, there may not be many redundancies in the communication system in the city that can be brought online if others fail.

Transit infrastructure and service are highly vulnerable to extreme heat, flooding, and severe weather.

Extreme heat can disrupt roadways, and fewer people may use public transit because it is harder to wait for the bus outside in the sun. Many of the SunLine bus routes are also in a flood hazard zone. These routes could be flooded and become impassable due to floodwaters, preventing residents who depend on transit from accessing essential goods and services, and commuters from traveling to or from work.

Severe weather can delay or reroute buses due to dust storms and high winds, which can last for hours or even days. Buses can be rerouted to avoided flooded roadways, and infrastructure can be retrofitted to resist damage from severe weather. However, those who depend on public transit may not have other options to get to important destinations while services are not running.

Water and wastewater infrastructure and services are highly vulnerable to landslides, severely vulnerable to flooding, and highly vulnerable to drought. Landslides can damage or break water and wastewater pipelines, which could cause water or sewage to leak. Flooding can cause the wastewater treatment plant to be inundated with wet weather flows due to higher levels of stormwater, preventing the system from functioning properly. Failure of the wastewater treatment plant could cause sewer collection systems to back up and potentially overflow raw sewage into streams and water systems. Drought conditions can stress water agencies that provide water to Palm Springs if supplies from the Colorado River and groundwater become significantly reduced due to lack of snowmelt into the river or recharge into the groundwater basins. Water agencies may apply drought rate surcharges and require mandatory reductions in overall water use. Water and wastewater systems can be retrofitted to prevent damage from flooding and landslides and ensure continuity of service. However, wastewater cannot be easily rerouted if the system is damaged or disrupted. Water delivery agencies can also provide water rebate or retrofit programs to help businesses and residents in the area reduce overall water consumption.

Parks and open space are severely vulnerable to wildfire and highly vulnerable to landslides. The regional and State parks and open space are in wildfire-prone areas that can be damaged or destroyed by wildfires, including the Palm Springs Aerial Tramway and visitor centers. Defensible space and vegetation management in parks and open spaces can protect facilities and city residents, but these actions may not always be feasible. Parks and open space, especially open space in the San Jacinto Mountains, are in a high landslide susceptibility area. Landslides can damage trails, signage, and other facilities that support recreation. Slope stabilization methods can be implemented in open space areas to reduce landslide potential. However, little can be done to protect open space facilities if a landslide occurs.

Emergency medical response is highly vulnerable to human health hazards, as an increase in vector-borne and other illnesses may cause the demand to outweigh the capacity of emergency medical response services. There may be shortages of health care facilities, equipment, pharmaceuticals, and personnel if health care workers become sick or if supply chains are disrupted. Local and regional medical centers and providers can strengthen medical supply chains and prepare emergency contingency plans for when Item 3D - Page 69
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human health hazards increase in frequency and intensity. However, this may take time and require extensive coordination with multiple agencies and companies.

Commercial centers along South Palm Canyon and South Indian Canyon Drive, the Smoke Tree Shopping Center, and the Springs Shopping Center are in flood hazard areas. These buildings can be damaged by stormwater during floods. Commercial buildings can install green infrastructure and other flood control infrastructure to divert flood flows, but this can be expensive for small, privately owned businesses.

Homeless shelters and supportive facilities are highly vulnerable to severe weather and can be damaged by high winds, hail, and sandstorms. The services supported by these buildings may be inadequate or disrupted if the facilities are damaged. Homeless shelters are typically managed by nonprofit or faith- based organizations that may not get financial support from local agencies and may not have the funding for repairs if their facilities are damaged.

Economic Assets
Economic assets include vulnerabilities to economic drivers within the City of Palm Springs. Important economic sectors are most vulnerable to flooding, extreme heat, air quality, and wildfire. Of the six economic assets in the assessment, four were highly or severely vulnerable (scored V4 or V5) for at least one hazard.

State and regional parks are severely vulnerable to wildfire and highly vulnerable to air quality, drought, extreme heat, and landslides. Palm Springs is home to the Palm Springs Aerial Tramway, which takes visitors over 5,000 feet up from the Valley Station to the Mountain Station in San Jacinto State Park.

Wildfires can harm State and regional park facilities such as the tramway and roadways, preventing visitors from accessing these recreation sites. Some State and regional park facilities can use defensible space and other protective actions, but these options are not always feasible. Regional wildfires can also create smoky conditions that, when combined with poor air quality from ozone and particulate matter from the Salton Sea, deter visitors from visiting State and regional parks. Impacts may become chronic with an increase in poor air quality conditions due to high winds and extreme heat. Extreme heat can create dangerous conditions for hikers and bicyclists, as people must regularly stay hydrated and not overexert themselves in hot temperatures. Some of the State and regional parks, such as the Mt. San Jacinto State Park, are at higher elevations and may not have as severe air quality impacts from the Salton Sea. An increase in drought conditions could dry out vegetation supporting trails and cause erosion, reducing the number of trails available to visitors. When heavy rainfall occurs due to severe storms, destabilized slopes could turn into mudslides or debris flows, damaging park facilities and residential or commercial areas downslope.

Outdoor recreation is severely vulnerable to poor air quality and extreme heat, and highly vulnerable to flooding and wildfires. Outdoor recreation can be curtailed by unhealthy air quality conditions resulting from particulate matter from the Salton Sea or high temperatures. Intense physical exertion from running, bicycling, and hiking can be dangerous during poor air quality conditions and extreme heat, and people must stay hydrated to avoid heat and respiratory illnesses. Several parks, trails, and golf courses are in floodplains or wildfire-prone areas, which could be damaged by flooding or wildfire that burn supportive vegetation and recreation facilities. Visitors could be deterred from traveling to the city if poor air quality and extreme heat create unfavorable conditions, especially if water stations are not available at outdoor recreation sites, and flooding or wildfires damages outdoor recreation facilities. Other Item 3D - Page 70
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locations for outdoor activities may have lower temperatures or better air quality, but they would likely not be in Palm Springs or nearby cities. Recreation sites could be managed for flooding and wildfires; however, this may not be feasible for all outdoor recreation sites.

Renewable Energy is highly vulnerable to flooding and severe weather. Flooding can damage solar panels and the foundations of wind turbines at commercial and large scale renewable energy sites, many of which are in the floodplain of the Whitewater River. Renewable energy workers may be unable to travel to the facilities until the water recedes. Solar- and wind-power generation facilities can be retrofitted to prevent damage from floodwaters, and some facilities are outside of the floodplain that could provide similar services. Solar and wind facilities can also be disrupted by high winds or sandstorms due to severe weather. Sandstorms can increase erosion to solar panel infrastructure, and high winds can cause wind turbines to stop working due to safety concerns, harming the industry, the workers, and renewable energy supply. Some renewable energy sources may not be damaged by severe weather, but solar panels would require more maintenance after these events. There is little that can be done to retrofit wind turbines to keep operating during high wind events.

Tourism is highly vulnerable to flooding and human health hazards. Much of the city is in a flood hazard zone, including roads and recreation facilities that are used by visitors. Flooding can make highways impassable or damage buildings and facilities that attract visitors, deterring them from traveling to the city. Several levees around the city protect areas from floodwaters; however, a major flood event may still damage facilities and deter tourists from traveling to the area. Human health hazards could cause commercial, retail, and hotel businesses to close, preventing visitors from traveling to the area.

Businesses can take health precautions and provide more advertising to attract visitors to the area, but some businesses may not be able to remain open if tourism decreases significantly.

Ecosystems and Natural Resources
Ecosystem and natural resources include vulnerabilities to habitats, plants, and wildlife in Palm Springs.

Ecosystems and natural resources are most vulnerable to drought, extreme heat, and wildfire. Of the five ecosystems and natural resources included in the assessment, four were highly or severely vulnerable (scored V4 or V5) for at least one hazard.

Juniper woodlands are severely vulnerable to wildfires and highly vulnerable to drought, extreme heat, and landslides. Wildfires and extreme heat can cause a higher mortality rate among juniper woodlands, especially with increased frequency. This can shift the ecosystems to a shrub or grassland habitat type because juniper woodlands have a very long recovery time. Juniper woodlands are also not as tolerant of drought conditions as scrub or desert ecosystems, and can experience reduced growth, shift in species composition, and increased occurrence of pests and diseases during prolonged droughts. Due to their location in mountainous areas of the city, juniper woodlands can also be disturbed by landslides and less able to recover due to other climate stressors that weaken the ecosystem.

Riparian forests and woodlands are highly vulnerable to drought and extreme heat. Successive drought years could lead to an earlier, more rapid seasonal drying down of riparian communities, causing a compositional shift in the community and degraded water quality due to lack of water. Herbaceous species could die out due to loss of surface water; however, established trees could persist by accessing groundwater with their deep roots. Groundwater may keep larger trees alive; however, severe drought could cause the water table to sink below the reach of roots. An increase in extreme heat days and Item 3D - Page 71
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average high temperatures could result in higher rates of evapotranspiration, which could also lead to an earlier, more rapid drying out of riparian communities. Successive extreme heat years could lead to general shrinking of riparian zones, increasing competition between species that use these areas.

Sonoran Desert scrub is highly vulnerable to wildfire. Wildfires in desert scrub habitats can prevent native shrub regeneration and kill resprouts or seedlings, especially with shorter fire return intervals. Although desert scrub habitat can typically regenerate after a fire, shorter fire return intervals can make this more difficult for the ecosystem.

Desert interior dune is highly vulnerable to flooding, which can cause soil scouring and deposition in desert interior dune habitats because the soils are unable to store the increase in water, ultimately harming native species in the dune ecosystem. Desert interior dune ecosystems are slow to recover, and native species may not be able to adapt to more frequent flooding, especially in the summer months.

IMPLICATIONS FOR THE GENERAL PLAN UPDATE
Equity and Uncertainty
When addressing vulnerability and adaptation through general plan policies and the associated implementation plan, the Adaptation Planning Guide and General Plan Guidelines recommend consideration of equity and uncertainty.

Equity means that all people are justly and fairly included in society, and that everyone can participate, prosper, and achieve their full potential. Equitable climate adaptation planning involves identifying persons who are most vulnerable to climate change hazards and ensuring that the planning process, distribution of resources, and efforts to address systematic wrongs are all conducted in an equitable manner. This vulnerability assessment identifies 17 vulnerable populations and assesses climate change impacts and the ability of these populations to prepare for, respond to, and recover from climate change hazards (see list in “Populations and Assets” section).

Uncertainty is the second component to consider when determining how hazardous conditions may affect Palm Springs. Climate change is driven by the concentration of GHGs in the atmosphere, which is affected by how our communities use resources and how we regulate those uses through local, state, federal, and international GHG-reduction goals, regulations, plans, and programs. As more action is taken to reduce GHG emissions, the less severe the effects of climate change are expected to be. Climate change models consider the concentrations of atmospheric GHG emissions and the changes in these levels over time to project future extent or intensity of hazardous events.

Even with extensive modeling, potential impacts are projections of more likely future conditions and are not certain. Similarly, there is also substantial uncertainty about the future state of technology, socioeconomic conditions, and other factors. According to recent studies, the best approach to uncertainty is to prepare and adapt by monitoring how the future evolves and allow for adjustments over time as new climate data and studies are completed. The State and the City have ample evidence to support science-based policy and decision-making.

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Opportunities
Palm Springs currently experiences a wide range of climate change hazards that are projected to increase in frequency and intensity in the future. Though GHG reduction measures in the 2013 City of Palm Springs Climate Action Plan and 2016 City of Palm Springs Sustainability Master Plan will help reduce the amount of carbon dioxide in the atmosphere, adaptation strategies will be needed to increase the resilience of residents and businesses in Palm Springs. The general plan is required to integrate adaptation measures into the update process that will help the community prepare for, respond to, and recover from climate change hazards.
• Safety. Due to the recent update of the California Government Code Section 653029(g) with the approval of SB 379, safety elements are required to address climate adaptation and resilience strategies. The Safety Element’s goals, policies, and implementation actions can provide resilience strategies that support reduced impacts and improved adaptive capacity of the community to climate change-related hazards, along with policies on required hazards such as flooding, fire, and geologic hazards. Policies in this element can ensure that the health, safety, and economic concerns of the community are met, even with an increase in frequency and intensity of climate change hazards. Examples of specific policies or implementation actions could include:
o Create an extreme heat response plan that includes establishment of community cooling centers, weatherization of city buildings, and cooling strategies for persons engaged in outdoor work and persons experiencing homelessness.
o Expand participation of programs and services that provide funding resources for economically disadvantaged households and businesses to conduct retrofits. o Coordinate with City and regional transit providers to identify alternate routes and stops if normal infrastructure is damaged or closed as a result of extreme events. o Collaborate with SunLine and other senior transit agencies to help in evacuation efforts of seniors and people without vehicles during emergency events. o Encourage or incentivize residential and on-site solar systems, especially when paired with battery storage to provide a resilient energy supply for homes. o Coordinate with County of Riverside Public Health to ensure emergency and public health services can meet the needs of the population during extreme heat, poor air quality, and human health hazard events.
o Provide alerts about potential, developing, and ongoing emergency situations through extensive early-warning and notification systems that convey information to all residents in multiple languages and formats to ensure it is widely accessible. • Circulation. The Circulation Element has policies for wastewater treatment and collection, storm drainage systems, water supply and distribution systems, electricity, natural gas, and telecommunications infrastructure. Buildings and utility infrastructure are in the vulnerability assessment results discussion, and therefore resilience strategies for these systems would be appropriate to add to the Circulation Element goals, objectives, and policies. Potential objectives and policies may include funding efforts to underground electricity lines citywide, create redundances in the communication infrastructure, and provide sustainable backup power supplies. Strategies can also look at the promotion of water conservation measures, low-impact development, and green infrastructure that can help convey stormwater and reduce flooding.

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Transportation related strategies can include improving evacuation access, ensuring heat- resistant materials are used on roadways, and implementation of other transportation-related resilience features.
• Recreation, Open Space, and Conservation. The Recreation, Open Space, and Conservation Element promotes recreation opportunities and a variety of parks and open spaces in and adjacent to the city, which is essential to ensuring that vulnerable populations can adapt to an increase in frequency and intensity of hazards, such as extreme heat and wildfires. Park and open space areas can help reduce air pollution, decrease ambient air temperatures, provide shade during hot days, act as buffers to slow down and absorb stormwater, among other benefits.

Indoor recreation facilities can provide opportunities for recreation when air quality or temperatures are unhealthy outdoors. This element can include policies and actions that increase the urban tree canopy to reduce the heat island effect, clean the air, and protect residents and visitors from hazardous conditions. Another key component for this element is to attract visitors to the area for outdoor recreation purposes. Adaptation strategies may include increasing natural or structural shade, installing water stations, and providing signage about extreme heat hazards at trailheads and outdoor recreation centers. To address the ecosystem vulnerabilities, this element can also provide implementation actions to preserve and restore woodland and riparian habitats to ensure these ecosystems maintain their ecosystem services.

The Recreation, Open Space, and Conservation Element also provides goals, objectives, and policies for public facilities throughout the city, including community centers and libraries. The Urban Sustainability Network’s “Resilience Hub White Paper” and Resilience Hubs website (http://resilience-hub.org/) provides a key resilience strategy for public facilities: the integration of physical and virtual resilience hubs. These can serve as centralized locations for resources about climate change, opportunities to reduce emissions, and techniques to increase resilience; as showcases for sustainability, energy efficiency, and low carbon building; and to help residents obtain essential resources and information during and after a disaster. Examples of specific implementation actions could include:
o Identify existing facilities to serve as resilience hubs and cooling centers that open during emergencies or at specific temperature triggers for residents to seek emergency shelter or refuge from extreme heat days.
o Coordinate with emergency management services to establish backup power, preferably from renewable energy sources, and water resources at emergency shelters, resilience hubs, and cooling centers in case of power outages.

Resilience in Other Planning Mechanisms
Resilience should not be limited to the General Plan. Adaptation and resilience rely on a cross- department, multidisciplinary approach for successful implementation. The City should consider how adaptation and resilience can also be incorporated into other City plans, codes, projects, and implementation programs. Addressing climate change hazard events in the General Plan can support other essential safety documents, such as the City of Palm Springs Local Hazard Mitigation Plan.

Development standards, such as residential building codes for buildings in flood zones, fire safe standards for buildings in fire hazard severity zones, and development of adequate evacuation routes, can be integrated into the Palm Springs Municipal Code. Policies that focus on emergency response to hazards Item 3D - Page 74
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can be included in an evacuation plan or an emergency operations plan. Adaptation measures that also reduce GHG emissions can be integrated into the Palm Springs Climate Action Plan or Sustainability Master Plan and may support an active transportation plan or bicycle master plan. The City and Desert Community Energy can coordinate incentives for GHG reduction measures such as rebates for battery storage facilities. Policies related to drought and flooding may be integrated into the Coachella Valley Water District’s, Desert Water Agency’s, and Mission Springs Water District’s Urban Water Management Plans and the Palm Springs Storm Drain Master Plan. Furthermore, the Palm Springs Municipal Code and Capital Improvement Program can help implement the resilience policies developed in the General Plan through specific projects, development codes, and budgeting.

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BIBLIOGRAPHY
Printed References
Bedsworth, Louise, Dan Cayan, Guido Franco, Leah Fisher, Sonya Ziaja (California Governor’s Office of Planning and Research, Scripps Institution of Oceanography, California Energy Commission, California Public Utilities Commission). 2018. “Statewide Summary Report.” Publication number SUM-CCCA4-2018-013 of California’s Fourth Climate Change Assessment.

California Office of Emergency Services. 2020. California Adaptation Planning Guide. https://www.caloes.ca.gov/HazardMitigationSite/Documents/CA-Adaptation-Planning-Guide- FINAL-June-2020-Accessible.pdf.

Caltrans. 2019. Caltrans Climate Change Vulnerability Assessment Summary Report: District 8. https://dot.ca.gov/-/media/dot-media/programs/transportation-planning/documents/2019- climate-change-vulnerability-assessments/ada-remediated/d8-summary-report-a11y.pdf.

City of Palm Springs. 2007. Palm Springs 2007 General Plan. https://www.palmspringsca.gov/government/departments/planning/general-plan.

City of Palm Springs. 2017. Local Hazard Mitigation Plan. https://www.palmspringsca.gov/home/showpublisheddocument?id=69283.

City of Palm Springs. n.d. City of Palm Springs Bicycle Map. https://www.palmspringsca.gov/home/showpublisheddocument/72900/637208298385330000.

Governor’s Office of Planning and Research. 2017. Planning and Investing for a Resilient California. https://opr.ca.gov/docs/20180313-Building_a_Resilient_CA.pdf.

Hall, Alex, Neil Berg, Katharine Reich. 2018. Los Angeles Summary Report. California’s Fourth Climate Change Assessment. Publication number: SUM-CCCA4-2018-007. Los Angeles, California:

University of California, Los Angeles.

Hilberg, L. E., W. A. Reynier, and J. M. Kershner. 2017. “Southern California Desert Habitats: Climate Change Vulnerability Assessment Synthesis.” Version 1.0. EcoAdapt: Bainbridge Island, WA.

Hilberg, L.E., W.A. Reynier, and J.M. Kershner. 2017. “Southern California Pinyon-Juniper Woodland Habitats: Climate Change Vulnerability Assessment Synthesis.” Version 1.0. EcoAdapt: Bainbridge Island, WA.

Hilberg, L. E., W. A. Reynier, and J. M. Kershner. 2017. Southern California Riparian Habitats: Climate Change Vulnerability Assessment Summary. Version 1.0. EcoAdapt: Bainbridge Island, WA.

Hopkins, Francesca. (University of California, Riverside). 2018. Inland Deserts Summary Report.

California’s Fourth Climate Change Assessment. Publication number: SUM-CCCA4-2018-008.

Pacific Energy Center. 2006. “The Pacific Energy Center’s Guide to California Climate Zones and Bioclimatic Design.” https://www.pge.com/includes/docs/pdfs/about/edusafety/training/pec/ toolbox/arch/climate/california_climate_zones_01-16.pdf.

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Roos, Michelle (E4 Strategic Solutions). 2018. Climate Justice Summary Report. California’s Fourth Climate Change Assessment. Publication number SUM-CCCA4-2018-012 Websites
Agua Caliente Band of Cahuilla Indians. 2021. “Cultural History.” Accessed January 28, 2021. http://www.aguacaliente.org/content/History%20and%20Culture/.

American Community Survey. 2019. 2019: ACS 5-Year Estimates, Age and Sex, S0101. Accessed January 28, 2021. https://data.census.gov/cedsci/table?t=Populations%20and% 20People&g=1600000US0655254&tid=ACSST5Y2019.S0101&hidePreview=false.

CAL FIRE. 2019. “California Fire Severity Zones.”
https://services.gis.ca.gov/arcgis/rest/services/Environment/Fire_Severity_Zones/MapServer.

California Energy Commission. 2018. “Extreme Heat Days and Warm Nights.” Accessed January 28, 2021. http://caladapt.org/tools/extreme-heat/.

California Energy Commission. 2018. “Annual Averages.” Accessed January 29, 2021. https://cal-adapt.org/tools/annual-averages/.

California Energy Commission. 2018. “Extreme Precipitation.” Accessed January 29, 2021. https://cal-adapt.org/tools/extreme-precipitation/.

California Office of Emergency Services, CAL FIRE. 2020. “California Fire Perimeters: 1878 to 2019.” https://services.arcgis.com/jIL9msH9OI208GCb/arcgis/rest/services/California_Fire_Perimeters_1 878_2019/FeatureServer.

City of Palm Springs. 2020. "Energy Efficiency." https://www.palmspringsca.gov/services/sustainability -and-recycling/energy-efficiency.

City of Palm Springs. N.d. “Electric Vehicles and Charging.” https://www.palmspringsca.gov/services/ sustainability-and-recycling/electric-vehicles-and-charging.

Decennial Census. 2020. 2020, Total Population, Race, P1. https://data.census.gov/cedsci/table?q=Palm %20Springs&y=2020&d=DEC%20Redistricting%20Data%20%28PL%2094-171%29.

FEMA (Federal Emergency Management Agency). 2018. FEMA Flood Zones (Map Service). Accessed January 28, 2021.
https://tpc.maps.arcgis.com/home/item.html?id=6a010cc179554536ac70a9637db8f245.

U.S. Climate Data. 2021. “Climate Palm Springs: California.” Accessed January 28, 2021. https://www.usclimatedata.com/climate/palm-springs/california/united-states/usca0828.

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LIST OF PREPARERS
Lead Agency
City of Palm Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
PlaceWorks
Wendy Nowak, Project Manager
Jonathan Nettler, Assistant Project Manager
Tammy L. Seale, Principal, Climate Action and Resiliency Eli Krispi, Senior Associate, Climate Action and Resiliency Jacqueline Protsman Rohr, Associate, Climate Action and Resiliency Renata Langis, Project Planner, Climate Action and Resiliency Item 3D - Page 78~ PLACEWORKS

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APPENDIX A: VULNERABILITY ASSESSMENT RESULTS MATRIX
The Vulnerability Assessment evaluates the impact and adaptive capacity of 66 populations and assets for each of the relevant 8 hazards. Vulnerability scores were assigned on a scale of 1 to 5 (as shown in Figure 3) to reflect how susceptible the population or asset is to the harm posed by the hazard. The City assessed 357 different pairings for vulnerability, 126 of which scored V4 or V5—highly or se verely vulnerable. The following matrix provides the scores for each population and assets to each relevant hazard. The vulnerability scores are:
• V1: Minimal vulnerability
• V2: Low vulnerability
• V3: Moderate vulnerability
• V4: High vulnerability
• V5: Severe vulnerability

POPULATIONS AND ASSETS AIR

QUALITY DROUGHT

EXTREME HEAT

AND WARM
NIGHTS

FLOODING
HUMAN
HEALTH

HAZARDS

LANDSLIDES SEVERE

WEATHER WILDFIRE
Populations
Children V4 - V5 V3 V3 - V3 V4
Cost-burdened households V3 V3 V3 V3 V2 V3 V2 V3
Households in poverty V4 V4 V4 V5 V5 V4 V5 V5
Immigrants and refugees V5 - V4 V4 V4 V4 V4 V4
LGBTQIA+ V3 - V2 V3 V3 V3 V2 V3
Linguistically isolated
populations V4 - V3 V3 V3 V3 V3 V3
Low-income households V3 V3 V3 V4 V3 V3 V3 V3
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POPULATIONS AND ASSETS AIR

QUALITY DROUGHT

EXTREME HEAT

AND WARM
NIGHTS

FLOODING
HUMAN
HEALTH

HAZARDS

LANDSLIDES SEVERE

WEATHER WILDFIRE
Outdoor workers V5 V4 V5 V4 V5 V3 V5 V4
Persons experiencing
homelessness V5 - V5 V5 V5 - V5 V5
Persons living on single access
roads
V3 - V2 V4 V2 V5 V2 V4
Persons with chronic illnesses V4 - V4 V4 V4 V2 V4 V4
Persons with disabilities V3 - V3 V4 V3 V3 V3 V4
Persons without access to
lifelines
V3 - V3 V4 V3 V3 V3 V4
Renters V3 V3 V2 V2 V2 V3 V2 V3
Seniors V4 - V3 V3 V4 V4 V3 V5
Seniors living alone V5 - V4 V4 V5 V5 V4 V5
Undocumented persons V5 - V5 V5 V5 V4 V5 V4
Infrastructure
Airport - - V3 V1 - - V2 -
Bike routes - - V1 V3 - V2 V1 V3
Bridges - - V3 V4 - - V3 -
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POPULATIONS AND ASSETS AIR

QUALITY DROUGHT

EXTREME HEAT

AND WARM
NIGHTS

FLOODING
HUMAN
HEALTH

HAZARDS

LANDSLIDES SEVERE

WEATHER WILDFIRE
Communication facilities - - V3 - - V1 V4 V3
Electrical substations and
transmission lines - - V4 V4 - - V4 V3
Electric vehicle charging
stations
- - V3 V3 - - V1 -
Evacuation routes - - V4 V4 - V3 V4 V2
Flood control infrastructure - - - V3 - - V2 -
Hazardous materials sites - - - - - - - -
Major roads and highways - - V4 V3 - V3 V3 V2
Natural gas pipelines - - - V2 - V5 - V4
Parks and open space - V3 V2 V2 - V4 V2 V5
Power plants V1 - V3 V2 - - V4 -
Privately owned open space - V3 V2 V3 - V2 V2 V3
Railways - - V4 V4 - - V3 V2
Single-access roads - - V3 V4 - V5 V4 V4
Solid waste facilities and closed
landfills
- - - - - - V2 -
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POPULATIONS AND ASSETS AIR

QUALITY DROUGHT

EXTREME HEAT

AND WARM
NIGHTS

FLOODING
HUMAN
HEALTH

HAZARDS

LANDSLIDES SEVERE

WEATHER WILDFIRE
Transit stops - - - V3 - V1 V4 V1
Water and wastewater
infrastructure - V2 V2 V3 - V4 V2 V3
Buildings
Community centers - - V1 V3 - - V1 -
Commercial centers - - V1 V4 - - V3 V3
Emergency shelters / cooling
centers
- - V3 V3 - - V3 -
Government buildings - - V1 V2 - - V1 -
Homes and residential
structures
- - V3 V4 - V5 V4 V4
Homeless shelters - - V3 V3 - - V4 -
Libraries - - V1 V1 - - V1 V1
Medical and care facilities - - V2 V2 - - V2 -
Public safety buildings - - V1 V1 - - V2 -
Schools - - V3 V3 - - V3 -
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POPULATIONS AND ASSETS AIR

QUALITY DROUGHT

EXTREME HEAT

AND WARM
NIGHTS

FLOODING
HUMAN
HEALTH

HAZARDS

LANDSLIDES SEVERE

WEATHER WILDFIRE
Important Economic Assets
Golf courses V3 V3 V3 V3 V1 - V3 V3
Major employers V2 V1 V2 V2 V3 - V2 V1
Outdoor recreation V5 V3 V5 V4 V3 V3 V2 V4
Renewable energy V2 - V2 V4 - - V4 V3
State and regional parks V4 V4 V4 V3 V3 V4 V1 V5
Tourism V3 V3 V3 V4 V4 V3 V2 V3
Ecosystems and Natural Resources
Sonoran Desert scrub - V2 V2 V3 - V2 V2 V4
Chaparral habitat - V3 V3 V1 - V2 V2 V2
Riparian forest and woodland - V4 V4 V3 - V3 V1 V3
Juniper woodland - V4 V4 V1 - V4 V3 V5
Desert interior dune - V1 V1 V4 - - V3 -
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POPULATIONS AND ASSETS AIR

QUALITY DROUGHT

EXTREME HEAT

AND WARM
NIGHTS

FLOODING
HUMAN
HEALTH

HAZARDS

LANDSLIDES SEVERE

WEATHER WILDFIRE
Key Community Services
Air services V3 - V5 V1 V3 - V5 V3
Communication services - - V3 - - V3 V4 V3
Emergency medical response V3 - V2 V2 V4 V2 V2 V2
Energy delivery V1 V2 V5 V3 - V4 V5 V4
Government administration
and community services V2 - V1 V1 V1 V1 V2 V2
Public safety response V2 - V2 V3 V3 V3 V3 V3
Public transit access V3 - V4 V4 V2 - V4 V3
Solid waste removal V3 - V3 V3 V2 V3 V3 V3
Water and wastewater - V5 V3 V5 - V4 V2 V2

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ATTACHMENT D

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Desert Community Energy is your locally controlled, not-for-profit electricity provider. The generation data above represents the mix of sources used to provide electricity service during the 2021 calendar year and is provided in the “Annual Report to the California Energy Commission: Power Source Disclosure Program.” This information is required by the California Energy Commission to be sent to any customer served by DCE during 2021. Receiving this notice does not mean that your electrical services are currently with DCE. For more information, visit DesertCommunityEnergy.org

DOING OUR PART FOR A
431 South Palm Canyon Drive, Suite 206
Palm Springs, CA 92262
2021 POWER CONTENT LABEL
Desert Community Energy
https://desertcommunityenergy.org/about/key-documents/
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources DCE Desert
Saver
DCE Carbon
Free
2021 CA
Power Mix
Eligible Renewable1 2.1% 35.8% 33.6%
Biomass & Biowaste 0.0% 0.0% 2.3%
254 0 456 Geothermal 0.0% 0.0% 4.8%
Eligible Hydroelectric 0.6% 9.5% 1.0%
Solar 0.4% 7.4% 14.2%
Wind 1.1% 18.9% 11.4%
Coal 0.0% 0.0% 3.0%
Large Hydroelectric 71.0% 64.2% 9.2%
Natural Gas 0.0% 0.0% 37.9%
Nuclear 0.0% 0.0% 9.3%
Other 0.0% 0.0% 0.2%
Unspecified Power2 26.9% 0.0% 6.8%
TOTAL 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 0% 0% 1The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this electricity
portfolio, contact:

Desert Community Energy
(855) 357-9240
For general information about the Power Content
Label, visit: http://www.energy.ca.gov/pcl/
For additional questions, please contact the
California Energy Commission at:

Toll-free in California: 844-454-2906
Outside California: 916-653-0237
DCE Carbon Free DCE Desert Saver 2021 CA Utility
Average
0 200
400
600
800
1000
DCE Desert Saver
DCE Carbon Free
2021 CA Utility
Average

CLEAN ENERGY FUTURE
Item 3D - Page 87
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DESERT

COMMUNITY
ENERGY

THANK YOU PALM SPRINGS
Visit us at DesertCommunityEnergy.org
Find more ways to reduce your carbon footprint and save energy with DCE! 136
Megawatts of renewable energy & battery storage
Good paying clean energy jobs (including permanent & temporary) 300+
23,853
Customers receiving 100% carbon free energy from DCE
Metric tons of greenhouse gas emissions reduced in 2021 105,388
22,752
Cars off the road in emissions reductions thanks to DCE customers

RESIDENTS & BUSINESSES FOR
33 Megawatts of wind energy located in Palm Springs
HELPING FIGHT CLIMATE CHANGE!
Item 3D - Page 88

Palm Springs City CouncilNovember 28, 2022

Palm Springs City Council
November 28, 2022