Agenda packet — Palm Springs City Council, March 23, 2023 (part 5 of 5)

February 7, 2023
Design.

The flat roofed home has a series of clerestory windows near the front entry and the enclosed carport, and an expansive use of glass on the front and rear elevations create the appearance of transparency. The repetitive pattern created by the exposed beams and rafters became a strong aesthetic feature, and the design of the non-bearing walls throughout the site formed the visual horizontality of the home. Small alcoves and a courtyard were incorporated into what appears to be the original layout. Although the infill of the original courtyard was done early on, this alteration changed the experience of the structure within the site, and enclosing the carport changed the perceived massing of the home. The summary of changes to the home that impact its design are as follows:
additions, infill, driveway, hedges and gates that obscure the original open feel of the front of the home and these alterations impair the design integrity of the home. Thus, the home has a marginal degree of design integrity.

Setting.

The original setting of Deep Well Estates tract was open, undeveloped desert. While the area continues to exist as a residential neighborhood, the desert setting has been lost to the development of single-family homes in all directions. Hedges, privacy walls and non native trees have also diminished the open, natural feel of the desert. Although desert landscape exists around the front of the home similar to that seen in the early photos, the large square slabs of concrete separated by concrete strips with exposed aggregate diminishes the historic character of the front of home. The integrity of setting no longer exists.

Materials.

One of the more notable uses of material is the slumpstone exterior block walls that extend into the interior of the home. While the slumpstone wall remain intact, the horizontal, dark grey wood panels on the exterior are not original features. The clerestory windows are another feature that accentuate the horizontality of the home. The home is of conventional standard materials, most of which are still intact and has material integrity.

Workmanship.

The home is of average workmanship common for the era of the 1950's. The use of standard materials, the thin fascia detail and the overhangs appear original to the home.

Feeling.

Despite alterations noted above, the building generally retains its feeling as a custom built single-family home built in the Desert Modern style of architecture.

Association.

There have been various exterior changes that have been made to the home over time but the resource generally retains its integrity of association with the mid-century Modern Movement and Desert Modernism through its use of simple form, materials, the low horizontality in its massing.

Item 2B - Page 80
Resolution
No.

HSPB
#144-The
Hutchens
Residence
Page
5 of
7 February
7,
2023
Criteria
for
the
Designation
of
Class
2 Historic
Resources
. A
site,
structure,
building
or
object
may
be
designated
as
a
Class
2 historic
resource,
provided
the
site,
structure,
building
or
object
exhibits
significance
and
meets
one
or
more
of
the
criteria
listed
in
subsection
(c)(1)(a)
above.

A
Class
2 historic
resource
shall
not
be
required
to
meet
the
findings
for
integrity
as
described
in
subsection
(C)(1
)(b)
above.

While
the
associations
with
master
architects
and
architectural
movements
lend
itself
to
a
historic
connection,
staff
finds
the
alterations
made
to
key
features
of
the
home
are
substantial
enough
to
diminish
the
historic
integrity
of
the
site.

SECTION
3:

DEFINING

HISTORIC

CHARACTERISTICS
In
considering
a
recommendation
for
historic
resource
designation
it
is
important
to
distinguish
those
physical
elements
that
are
original
or
from
the
period
of
significance
that
contribute
to
the
resource's
historic
significance
from
alterations,
additions
or
features
that
were
added
at
a
later
time
that
may
be
sympathetic
to
the
original
character,
but
which
may
create
a
false
sense
of
historicity.

Distinguishing
original
character-defining
features
from
non-original
elements
aids
the
HSPB
when
it
is
tasked
with
evaluating
future alterations
to
the
historic
resource.

Character-defining
features
of
the
resource
are
as
follows:
•
Flat
roofed
one-story
structure.
•
Original
slumpstone
block
walls
including
the characteristic
in
which
the
slumpstone
wall
at
the
carport
does
not
extend
up
to
the
roof,
but
rather
stops
short
to
reveal
the
wood
posts
that
are
actually
doing
the
work
of
supporting
the
roof.
•
Original
slumpstone
fireplace
and
barbeque
that
visually
extends
the
slumpstone
material
from
inside
to
outside
and
visually
separates
areas
of
the
back
yard.

This
projection
of
a
wall
plane
from
inside
to
out
at
the
front
entry
is
also
a
character-defining
feature.
•
Thin
horizontal
fascia.
•
Exposed
beams
in
the
overhangs surrounding
perimeter
of
house.
•
Large
expanses
of
glass
and
clerestory
windows.

Non-contributing
elements:
•
Privacy
wall,
hedge
and
gate
at
the
front
of
the property
facing
Mesquite
Avenue.
•
Enclosed
carport
with
garage
doors.

Item 2B - Page 81
Resolution No. HSPB #144 - The Hutchens Residence

Page 6 of 7 ends

February 7, 2023
• Enclosed courtyard for the maid's quarters in 1954.1
• Addition to south of the master bedroom in 1956.2
• Drywall finish over original insulation board ceiling. • Rooftop mechanical equipment including solar panels.
• Hard scape pave rs located in the front yard of the property. • The swimming pool and landscaping.

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

SECTION 5: CONDITIONS THAT APPLY TO CLASS 2 HISTORIC SITES.

According to Section 8.05 of the Municipal Code, the following shall apply to a Class 2 Historic Resource:

1. It shall meet the definition of a Class 2 historic site as outlined in Municipal Code Section 8.05.020.

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

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

4. The structure/site may not be modified nor objects removed without following the procedures outlined in Municipal Code Section 8.05.11 O "Demolition or Alteration of Class 1 and Class 2 Historic Resources - Certificate of Appropriateness".

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

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

7. The site shall not be further subdivided.

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

Based upon the foregoing, the Historic Site Preservation Board recommends that the City 1 The courtyard was filled in to make room for a maid's quarters by the first resident, prior to moving into the home. Despite this alteration being an early change, the courtyard was as a significant feature that was part of the design intent. The complete enclosure of this space reduces the design integrity of this home.
2 The small addition made to the home in 1956 was not part of the original floorplan but was done in a manner that is subordinate to the original design and located on a non-primary fa<;ade. While the element is not a contributing feature, it is not one that reduces design integrity.

Item 2B - Page 82
Resolution
No.

HSPB
#144
-
The
Hutchens
Residence
Page
7 of
7 February
7,
2023
Council
designate
"The
Hutchens
Residence"
located
at
1177
East
Mesquite
Avenue,
a
Class
2 Historic
Resource
(HSPB
#144).

ADOPTED
THIS

SEVENTH
DAY
OF

FEBRUARY,
2023.

AYES: NOES: ABSENT: ABSTAIN: ATTEST:

Hough,
Nelson,
Miller,
Hansen,
Rosenow.

None. None. None.

CITY
OF
PALM

SPRINGS,

CALIFORNIA
Christopher
Hadwin
Director
of
Planning
Services

HISTORIC SITE PRESERVATION BOARD

STAFF REPORT

DATE: February 7, 2023 PUBLIC HEARING

SUBJECT: AN APPLICATION BY DAVID HOWARD AND AN LY FOR HISTORIC DESIGNATION OF “ THE HUTCHENS RESIDENCE” LOCATED AT 1177 E. MESQUITE AVENUE, CASE HSPB #144. (SY/KL). (APN: 508-380-022)

FROM: Department of Planning Services

SUMMARY

The owners David Howard and An Ly are seeking historic designation of “The Hutchens Residence”. The home was designed by architects Donald Wexler and Richard Harrison in the Deep Well Ranch Estates neighborhood. The period of significance is 1953.

If designated as a historic resource, the property would be subject to the regulations outlined in Section 8.05 of the Palm Springs Municipal Code.

RECOMMENDATION:

1. Open the public hearing and receive public testimony.

2. Close the public hearing and adopt Resolution HSPB #144, “A RESOLUTION OF

THE HISTORIC SITE PRESERVATION BOARD OF THE CITY OF PALM

SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL DESIGNATE “THE HUTCHENS RESIDENCE” LOCATED 1177 E. MESQUITE AVENUE, AS A CLASS 2 ( HISTORIC MERIT ) HISTORIC RESOURCE HSPB #144, SUBJECT TO CONDITIONS (APN 508-380-022).”

BACKGROUND AND SETTING:

A historic resources report dated February 14, 2022, prepared by Susan Secoy Jensen (“the report”) on behalf of the owners and a site visit by staff and members of the HSPB are the basis of this staff report.

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

January, 2023 Site inspection by members of the HSPB and City Staff.

Item 2B - Page 83I
Historic Site Preservation Board Staff Report: February 7, 2023 HSPB-144 – The Hutchens Residence

Page 2 of 9 ends

Ownership Status
December, 2020 Purchase by the current owner.

BELOW IS AN AERIAL VIEW OF THE HUTCHENS RESIDENCE SITE.

The Hutchens Residence is a one-story residential building designed by architects Donald Wexler and Richard Harrison and constructed by the developer Robert C. Higgins. Deep Well Ranch Estates has its origins as a “dude ranch” which was subdivided and developed for residential use beginning in the 1950’s. Completed in the “post-World War II” context (1945-1969), the City of Palm Springs experienced a population boom of wealthy seasonal residents from nearby cities like Los Angeles. Around the same time, a newly emerging architectural style, later known as “Desert Modernism”, which incorporated the design concepts of Modernism with the desert environment, began to gain prominence.

ANALYSIS:

The home is a one-story structure with a flat roof. The use of expansive glass walls and clerestory windows bring light and air into the space and masonry walls are incorporated into the design. The original carport has been enclosed with a set of frosted glass garage doors and the front yard is hardscaped with concrete pavers.

Item 2B - Page 84
I
Historic Site Preservation Board Staff Report: February 7, 2023 HSPB-144 – The Hutchens Residence

Page 3 of 9 ends

BELOW IS A VIEW OF THE SOUTH ELEVATION.

BELOW IS A VIEW OF THE ALTERED CARPORT AND FRONT YARD LANDSCAPE.

Historic Preservation activities in Palm Springs are regulated under Municipal Code Section 8.05 (“ Historic Preservation” ). The purpose of the Historic Preservation Ordinance is:

“…to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of historic resources for the education and welfare of the citizens.” Item 2B - Page 85
!!
I
Historic Site Preservation Board Staff Report: February 7, 2023 HSPB-144 – The Hutchens Residence

Page 4 of 9 ends

Conditions that apply t o Class 1 historic sites or resources:

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

8.05.020.

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

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

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

5. Compliance with all rules and regulations for Historic Resources and Historic Districts under Chapter 8.05 of the Municipal Code.

6. If designated, the findings in support of designation shall be stated in a resolution of the City Council that shall be recorded with the County Recorders’ office within 90 days of the effective date of the Council’s resolution.

Evaluation of the Application. P
ursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:

C
riteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:

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

The home’s original design exhibits modernist principles through the use of simple forms and materials using large expanses of glass, a low, flat, thin roof plane that visually emphasizes the horizontality of the home, and an open carport. Certain alterations have diminished or eliminated important historic characteristics like the infill of the courtyard and carport and changes to the front yard landscape and hardscape. Although many of the original characteristics of the home remain, staff finds the various alterations reduce the historic integrity and significance of the resource.

(Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state or community;

The report does not list any events associated with the home that contributed to the nation, state or community. Thus, it does not qualify under Criterion i.

(Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history;

As referenced in the report, the first owners of the home were Cecil C. Hutchens and Charlotte C. Hutchens. The Hutchens purchased the home in 1953 while it was still under Item 2B - Page 86
Historic Site Preservation Board Staff Report: February 7, 2023 HSPB-144 – The Hutchens Residence

Page 5 of 9 ends

construction and customized the home according to their needs, prior to moving into the home in 1954. Cecil worked for influential individuals in the community and the family were active members of the local community but their association does not rise to the level of meaningful contribution to national, state or local history. Staff finds the site does not qualify as a historic resource under Criterion ii.

(Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;

The Hutchens Residence was constructed in the post-World War II period in local history when young architects were experimenting with modernist principals when designing new residential architecture in Palm Springs . Combining modern and new technologies in building materials with the desert climate created a new aesthetic. Identified as one of the focal points of Mid-century Modern architecture, the residential homes constructed during this time contribute greatly to this identity. The Hutchens Residence retains some of the qualities from that period such as the simple rectilinear form of construction and use of floor-to-ceiling height glass, but alterations noted above diminished the home’s ability to stand as an outstanding example from the mid-century period. Although the report asserts the home exemplifies the mid-20ths century period, staff finds that because of alterations made over time, the home reflects changes made over time rather than a single distinctive period, therefore, staff finds the site does not qualify under Criterion iii.

(Criterion iv) The resource embodies the distinctive characteristics of a type, period or method of construction;

Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). This criterion in the local ordinance does not evaluate design themes, certain periods in architecture, or styles of architecture as outlined in the report. While the exposed wooden beams and glass in residential construction provided a new aesthetic , the home was built using conventional methods of construction. Staff finds the building’s type, period and method of construction method are not distinctive and thus the building does not qualify under Criterion iv.

(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;

As noted in the report, the Hutchens Residence was design ed by architects Don ald Wexler and Richard Harrison as one of their early residential commissions . The partnership between Wexler and Harrison was formed in 1952 and their office designed projects that ranged from residential to commercial to civic uses. The firm ’s design style reveals a strong interest in engineering and simple design expression. Their work as architects not only influenced local architects and designers of their time, but it continues to influence contemporary designers today as Palm Springs celebrates the Desert Item 2B - Page 87
Historic Site Preservation Board Staff Report: February 7, 2023 HSPB-144 – The Hutchens Residence

Page 6 of 9 ends

Modern style of architecture. As the work of master architects from a time early on in their prolific career, staff finds the home qualifies under Criterion v.

(Criterion vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or

No information has been provided that the resource qualifies under Criterion vi.

(Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.

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

Analysis of Integrity.
(PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.

T
he Hutchens Residence is evaluated in terms of its historic integrity as follows:

Location.

The Hutchens residence remains in its original location of construction, therefore, retains its integrity of location.

Design.

The flat roof ed home has a series of clerestory windows near the front entry and the enclosed carport and an expansive use of glass on the front and rear elevations create the appearance of transparency . The repetitive pattern created by the exposed beams and rafters became a strong aesthetic feature, and the design of the non- bearing walls throughout the site formed the visual horizontality of the home. Small alcoves and a courtyard were incorporated into what appears to be the original layout. Although the infill of the original courtyard was done early on, this alteration changed the experience of the structure within the site, and enclosing the carport changed the perceived massing of the home. The summary of changes to the home that impact its design are as follows :
additions, infill, driveway, hedges and gates that obscure the original open feel of the front of the home and these alterations impair the design integrity of the home. Thus, the home has a marginal degree of design integrity.

Setting.

Page 7 of 9 ends

native trees have also diminished the open, natural feel of the desert . Although desert landscape exists around the front of the home similar to that seen in the early photos, the large square slabs of concrete separated by concrete strips with exposed aggregate diminishes the historic character of the front of home. The integrity of setting no longer exists.

Materials.

One of the more notable uses of material is the slump stone exterior block walls that extend into the interior of the h ome. While the slumpstone wall remain intact, the horizontal, dark grey wood panels on the exterior are not original features. The clerestory windows are another feature that accentuate the horizontality of the home. The home is of conventional standard materials, most of which are still intact and has material integrity.

Workmanship.

The home is of average workmanship common for the era of the 1950’s. The use of standard materials, the thin fascia detail and the overhangs appear original to the home.

Feeling.

Despite alterations noted above, t he building generally retains its feeling as a custom- built single-family home built in the Desert Modern style of architecture.

Association.

There have been various exterior c hanges that have been made to t he home over time but the resource generally retains its integrity of association with the mid-century Modern Movement and Desert Modernism through its use of simple form, materials, the low horizontality in its massing.

Criteria for the Designation of Class 2 Historic Resources. A site, structure, building or object may be designated as a Class 2 historic resource, provided the site, structure, building or object exhibits significance and meets one or more of the criteria listed in subsection (c)(1)(a) above. A Class 2 historic resource shall not be required to meet the findings for integrity as described in subsection (C)(1)(b) above.

The Hutchens Residence is a well-maintained home with many surviving characteristics reminiscent of the Mid -century Modern Movement; however, the analysis shows that impactful alterations have reduced the home’s historic integrity. While the as sociations with master architects and architectural movements lend itself to a historic connection, staff finds the alterations made to key features of the home are substantial enough to diminish the historic integrity of the site.

Item 2B - Page 89
Historic Site Preservation Board Staff Report: February 7, 2023 HSPB-144 – The Hutchens Residence

Page 8 of 9 ends

DEFINING HISTORIC CHARACTERISTICS

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

On page 31, the report identifies the physical character -defining historic features of this site as follows:
• Flat roofed one-story structure.
• Original slumpstone block walls including the characteristic in which the slumpstone wall at the carport does not extend up to the roof, but rather stops short to reveal the wood posts that are actually doing the work of supporting the roof. • Original slumpstone fireplace and barbeque that visually extends the slumpstone material from inside to outside and visually separates areas of the back yard. This projection of a wall plane from inside to out at the front entry is also a character- defining feature.
• T hin horizontal fascia.
• Exposed beams in the overhangs surrounding perimeter of house. • Large expanses of glass and clerestory windows.

Non-c
ontributing elements:

• Privacy wall, hedge and gate at the front of the property facing Mesquite Avenue. • Enclosed carport with garage doors.
• Enclosed courtyard for the maid’s quarters in 1954.1
• Addition to south of the master bedroom in 1956.2
• Drywall finish over original insulation board ceiling. • Rooftop mechanical equipment including solar panels.
• Hardscape pavers located in the front yard of the property. • The swimming pool and landscaping.

1 The courtyard was filled in to make room for a maid’s quarters by the first resident, prior to moving into the home. Despite this alteration being an early change, the courtyard was as a significant feature that was part of the design intent. The complete enclosure of this space reduces the design integrity of this home.
2 The small addition made to the home in 1956 was not part of the original floorplan but was done in a manner that is subordinate to the original design and located on a non-primary façade. While the element is not a contributing feature, it is not one that reduces design integrity.

Item 2B - Page 90
Historic Site Preservation Board Staff Report: February 7, 2023 HSPB-144 – The Hutchens Residence

Page 9 of 9 ends

ENVIRONMENTAL ASSESSMENT

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

NOTIFICATION

Pursuant to section 8.05.140 of the Municipal Code of Palm Springs, all residents within five hundred (500) feet of the subject property have been notified and notice was published in a newspaper of general circulation.

CONCLUSION:

The Hutchens Residence meets the definition of a historic resource based on Criterion 5 of the Palm Springs Historic Preservation Ordinance, however due to a series of alterations that have diminished the home’s design integrity, staff recommends Class 2 designation. The property possesses historic integrity to qualify as a Class 2 (“Historic Merit”) site.

PREPARED BY: Sarah Yoon, Associate Planner/Historic Preservation Officer REVIEWED BY: Ken Lyon, Principal Planner
REVIEWED BY: Christopher Hadwin, Director of Planning Services

Attachments:

A. Vicinity Map
B. Draft Resolution
C. A pplication prepared by Susan Secoy Jensen, AIA , related background materials , photos.

Item 2B - Page 91

EXCERPTS OF MINUTES

At the Historic Site Preservation Board meeting of the City of Palm Springs, held February 7, 2023, the Historic Site Preservation Board took the following action:

2.A. AN APPLICATION BY DAVID HOWARD AND AN LY FOR HISTORIC DESIGNATION OF “THE HUTCHENS RESIDENCE” LOCATED AT 1177 EAST MESQUITE AVENUE, HSPB #144, SUBJECT TO CONDITIONS (PAN #508-380-022) (SY).

Staff member Yoon summarized the staff report.

Member Hansen asked for clarification that a Class 2 site is afforded the same benefit as a Class 1 site and may apply for a Mills Act Contract.

Staff member Yoon clarified that the current ordinance allows for Class 2 sites to apply for the Mills Act Contract.

David Howard and An Ly, owners, spoke in support of the designation of their property.

Member Rosenow spoke in support of the staff recommendation for Class 2 designation.

Motion by Member Rosenow seconded by Member Nelson to adopt the findings in the staff report and to recommend that the City Council designate the Hutchens Residence (HSPB #144) as a Class 2 historic site.

I, JOANNE BRUGGEMANS, Administrative Secretary for the City of Palm Springs, hereby certify that the above action was taken by Historic Site Preservation Board of the City of Palm Springs on the seventh day of February, 2023, by the following vote:

AYES: Hough, Nelson, Rosenow, Miller, Hansen.

NOES: None.

ABSTAIN: None.

ABSENT: None.

_______________________________
Joanne Bruggemans
Administrative Secretary
Item 2B - Page 92

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL

ACTION PLAN AND BUDGET PUBLIC HEARING
RECOMMENDATION:

Open the Public Hearing and receive public testimony.1.

Review the draft 2023-2024 CDBG Budget and Annual Action Plan and provide direction to staff

2. Schedule a Public Hearing for April 27, 2023, to approve and adopt the 2023-2024 CDBG Budget and Annual Action Plan.

3. Attachments
Item 2C

CITY COUNCIL STAFF REPORT

DATE: M ARCH 23, 2023 PUBLIC HEARING

SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024

ANNUAL ACTION PLAN AND BUDGET PUBLIC HEARING

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

This is the first of two public hearings for the 202 3-2024 Annual Action Plan (AAP , Attachment A ). The CDBG AAP is prepared by the City every year pursuant to requirements set forth by the Department of Housing and Urban Development ( HUD), which mandate that units of government receiving federal housing and community development assistance must prepare an AAP as part of the implementation of the Five- Year Consolidated Plan (ConPlan) which serves as the blueprint for community development activity in the City. A second public hearing will be scheduled for April 27 , 2023, to complete the public review process and consider adoption of these items for submittal to HUD.

RECOMMENDATION:

1) Open the Public Hearing for public testimony.

2) Review the draft 2023- 2024 CDBG Budget and Annual Action Plan and provide direction to staff.

3) Schedule a Public Hearing for April 27, 2023, to approve and adopt the 2023-2024 CDBG Budget and Annual Action Plan.

BACKGROUND:

On February 21, 2023, the City Council discussed potential uses for the 2023-2024 CDBG Funds. At this meeting , the City Council was presented with potential Capital Improvement, Public Service, and Residential Rehabilitation projects which meet the City’s 2020-2024 Consolidated Plan (ConPlan) goals as shown in Attachment B.

In Fiscal Year 2023-2024, the City will receive a CDBG allocation of $413,506.

Item 2C - Page 1
City Council Staff Report
March 23, 2023 – Page 2
CDBG 2023 – 2024 Annual Action Plan Public Hearing No. 1

STAFF ANALYSIS:

Palm Springs is an “entitlement city”, meaning that it is a direct recipient of CDBG funds from the federal government. The CDBG Program was adopted by Congress forty -nine years ago to provide a flexible funding source for local governments to meet the community development needs of their low and moderate- income (Low/Mod) residents and was the first federal block grant. This direct grant from HUD enables entitlement units of governments to fund three National Objectives: benefiting Low/Mod persons; preventing or eliminating slums or blight; and meeting urgent need.

Of the total amount of CDBG funds to be allocated for the 2023- 2024 Fiscal Year ($413,506), the Federal statute requires that at least 70% of the expenditures benefit Low/Mod persons. As an entitlement grantee, the City has and will continue to utilize these funds for neighborhood revitalization, preserving decent housing, expanding economic opportunities, and/or improving community facilities and services, principally to benefit Low/Mod persons. A map showing the City’s Low/Mod areas is provided in Attachment C.

Based on the CDBG allocation of $413,506, and given the statutory limitations on the percentage of CDBG funds that may be utilized for Administration (20%), Public Services (15%), with the remaining funds to be utilized for Public Facilities and Capital Improvements, including Housing Rehabilitation , the total CDBG resources for 20 23- 2024, by eligibility category, are as follows:

Public Facilities, Capital Improvements,
and Residential Rehabilitation (Minimum) $268,779
Public Services (15%, Maximum) $ 62,026
TOTAL PROGRAMMATIC FUNDS (80%) $330,805

ADMINISTRATION (20%, Maximum) $ 82,701

TOTAL CDBG 2023–2024 FUNDING $413,506

2023-2024 ANNUAL ACTION PLAN RECOMMENDATIONS

At the February 21, 2023, City Council meeting the City Council recommended allocating the CDBG funds as follows:

Item 2C - Page 2
City Council Staff Report
March 23, 2023 – Page 3
CDBG 2023 – 2024 Annual Action Plan Public Hearing No. 1

Administration
(20%)
Public Services
(15%) Program
Expenditure Limit 82,701 62,026 268,779 Transfer In From Other Category 82,701

Proposed Allocation
Staffing and Contractual Services 0
Public Services (Fair Housing) 62,026
Residential Rehabilitation
Program

351,480
Transfer Out to Programmatic
Funds 82,701 0
Total Allocation 0 62,026 351,480

As requested by City Council, the allowable maximum amount of CDBG funds for Administration, $8 2,701 (20% of the award) , has been added to the Residential Rehabilitation Program. Administration costs for staff and consultants in the approximate amount of $82,701 will be requested as part of the City’s 2023 – 2024 General Fund Work Program Budget.

Residential Rehabilitation:

Housing Rehabilitation: Under this program the City would provide grants to qualified low- to moderate- income homeowners to make needed home improvements. Grants would be available to address code deficiencies, eliminate blight, and improve handicapped accessibility. The maximum grant amount will be $15,000 per household and will be provided on a first come /first-served basis to qualified applicants. To participate, the property must be located within the City of Palm Springs, must be owner- occupied, and owners must meet income requirements. Grant funds may only be used for costs of services and materials necessary to carry out City approved repair work. This program may also include Minor repairs below $1,500.

The goals for this activity are to serve 24 Palm Springs households City -wide. Of those, 24 will be Low - or Moderate-Income Households. The recommended amount of CDBG funding for this activity is $351,480.

Public Services:

Fair Housing Program: Under CDBG guidelines the City is required to provide its residents a fair housing program. Staff recommends working with a local non- profit fair housing services organization to provide comprehensive services which affirmatively address and promote fair housing rights and landlord/tenant services. These include anti- discrimination investigations, landlord/tenant mediation services, training and technical assistance, workshops and seminars, and housing discrimination audits and tests.

Item 2C - Page 3
City Council Staff Report
March 23, 2023 – Page 4
CDBG 2023 – 2024 Annual Action Plan Public Hearing No. 1

The goals for this activity are to provide fair housing services to 2,000 Palm Springs households citywide. Of those, 2,000 will be Low- or Moderate-Income Households. The recommended amount of CDBG funding for this activity is $62,026.

Upon approval of the draft Annual Action Plan, the next steps for moving forward would be as follows:

• March 25 to April 23 – 30-day public review of Fiscal Year 2023-2024 Annual Action Plan and Budget

• April 27 – Public Hearing #2 Council approval of Fiscal Year 2023-2024 Annual Action Plan and Budget

• May 1 – Submittal of Fiscal Year 2023-2024 Annual Action Plan and Budget to HUD for review and approval

• July 1 – CDBG funds available for use (reimbursement basis)

ENVIRONMENTAL IMPACT:

The recommended ac tion does not result in 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. According to Section 15378(b), 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:

This action is a pre- requisite to ensuring the City can receive its anticipated $4 13,506 CDBG entitlement.

REVIEWED BY:

Department Director: Jay Virata
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

Item 2C - Page 4
City Council Staff Report
March 23, 2023 – Page 5
CDBG 2023 – 2024 Annual Action Plan Public Hearing No. 1

ATTACHMENTS:

A. Draft 2023-2024 Annual Action Plan
B. 2020-2024 ConPlan Goals
C. Low/Moderate Income Census Block Map
Item 2C - Page 5

ATTACHMENT A

DRAFT 2023-2024 Annual Action Plan

Item 2C - Page 6

Annual Action Plan
2024
1 OMB Control No: 2506-0117 (exp. 09/30/2021)

Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
The City of Palm Springs has been operating as an entitlement community since 1987 under the U.S.

Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program. The Annual Action Plan delineates the City's proposed investment of its allocation in CDBG entitlement funds during the fiscal year 2023 – 2024 spanning July 1, 2023, through June 30, 2024, the forty-nineth year of operation for Palm Springs' CDBG program. The Action Plan will serve as the City of Palm Springs's annual application to HUD for federal funds over the next year and is the fourth in the five-year (2020 – 2024) Consolidated Plan. The Annual Action Plan builds upon the strategies articulated in the Consolidated Plan. It represents the City's continued effort to provide activities that address the housing and other community-identified priority needs of the very low, low, and moderate-income residents of Palm Springs.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The Consolidated Plan is a tool used by the City to bring to accomplish the goals and objectives as outlined within the Consolidated Plan. The City's goals and objectives for the next five years are summarized and address such issues related to seniors and youth, homeless, handicapped, and those in general that fall within the very low to low and moderate-income levels. During the FY 2023–2024-year, Palm Springs will focus CDBG funding on providing home repairs to eligible low and moderate income seniors through a pilot housing rehabilitation program. The goals and objectives address needs within the community and what areas to focus on to address those needs.

3. Evaluation of past performance
This is an evaluation of past performance that helped lead the grantee to choose its goals or projects.

Item 2C - Page 7

Annual Action Plan
2024
2 OMB Control No: 2506-0117 (exp. 09/30/2021)
The City of Palm Springs collaborates and partners with many organizations, groups, individuals, and agencies that express an interest in providing input and working with the City to identify and address gaps in the service and the needs of the community. These efforts are mainly for those that experience financial instability, which manifests into many other areas of need. Palm Springs has also managed to continue with its affordable housing program. These funding sources are instrumental in carrying out the programs and projects identified to meet the goals and objectives also determined by the City as being essential to provide needed services and fill gaps in services. The City of Palm Springs will be able to undertake designated programs and projects in FY 2023/2024 designed to meet the goals and objectives outlined within the new Five-Year Consolidated Plan for FY 2020/2021 through FY 2024/2025.

The economy, homeless epidemic, and housing crisis the State faces still has created a need greater than the City can address in a single year or possibly even in multiple years. The City chose to use the FY 2023-2024 allocation to fund a housing rehabilitation program that will primarily assist low /moderate income Seniors, with housing repairs that impact the safety and livability of their housing.

4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan.

The City followed its approved Citizen Participation Plan (CPP) while developing the Action Plan. For the FY 2023-2024 Annual Action Plan, the City held two public hearings to gather citizen participation in the planning process and development of proposed activities of the Action Plan. Additionally, the City encourages feedback from the public to submit written responses to the City Clerk during the commenting period of the Draft Annual Action Plan. The Draft Annual Action Plan was advertised in the local newspaper and was available for review in the Office of the City Clerk, City of Palm Springs, 3200 E.

Tahquitz Canyon Way, Palm Springs, California, 92262 and on the City’s website (www.palmspringsca.gov). The Draft Annual Action Plan was made available electronically for public review and comment for a 30-day period beginning March 25, 2023, to April 23, 2023. Newspaper AD – A Legal Notice was published in the Desert Sun newspaper on March 10, 2023, to advertise upcoming public hearing and the upcoming Action Plans 30 -day availability was published in the local Desert Sun newspaper. Public Hearing - The City Council held its first of two Public Hearings on March 23,2023.

Internet Outreach - Information regarding the Draft Action Plan was published on the City website event calendar for the encouragement of public participation Internet Outreach - Information regarding the Draft Action Plan was made available on the City's website under CDBG webpage to encourage public participation. Newspaper AD – A Legal Notice was published in the Desert Sun newspaper on April 15, 2023, to advertise a second public hearing on April 27, 2023. The City Council held the second required Public Hearing on April 27, 2023.

5. Summary of public comments
This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan.

Item 2C - Page 8

Annual Action Plan
2024
3 OMB Control No: 2506-0117 (exp. 09/30/2021)
The City did not receive any public comments after the 30-day public participation period.

6. Summary of comments or views not accepted and the reasons for not accepting them No comments were rejected.

7. Summary
Through the Citizens Participation Plan process, public hearings, meetings, and applications, the City were able to approve programs and projects of the Annual Action Plan that would meet our designated goals and objectives as outlined in the Consolidated Plan. The goals and objectives will assist the City in determining what programs and activities to fund to continue meeting the needs as identified within the community.

Item 2C - Page 9

Annual Action Plan
2024
4 OMB Control No: 2506-0117 (exp. 09/30/2021)
PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency

CDBG Administrator PALM SPRINGS Community & Economic Development Department
Table 1 – Responsible Agencies

Narrative (optional)
The Community and Economic Development Department of the City of Palm Springs is the lead department responsible for the 2023-2024 Annual Action Plan. The Community and Economic Development Department also coordinated and consulted with a variety of City Departments in coordinating extensively, both internally and with other County Agencies or nonprofit organizations, to provide vital community services. The City's coordination and consultation efforts began in early fall and have included numerous forums, one-on-one telephone calls with social service providers, and public hearings held in City Council chambers. The City of Palm Springs is a local government jurisdiction with a population of 48,518(2019 ACS). The City has been an Entitlement Community for CDBG Program since FY 1987.

Consolidated Plan Public Contact Information
Contact Person: Jay Virata, Community & Economic Development Director Street Address: 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262-6959 Mailing Address: PO Box 2743, Palm Springs, CA 92263-2743 Item 2C - Page 10

Annual Action Plan
2024
5 OMB Control No: 2506-0117 (exp. 09/30/2021)
AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The 2023- 2024 Annual Action Plan was prepared as a joint effort between multiple public, private, and non-profit community partners as well as through community outreach and engagement.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City developed the FY 2023-2024 Annual Action Plan Plan through consultation with adjacent local governments such as the Riverside County Housing Authority, Palm Springs CoC, Department of Public and Social Services, as well as City Departments, social and health service providers, and other local non- profit organizations.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

Essential aspects of the Annual Action Plan development process and implementation of project objectives involved meeting and coordinating with the CoC as well as other organizations and agencies that supply Riverside County residents including those in the City of Palm Springs. These meetings helped recognize our priority needs as well as what demands there are for various coordinated homeless and housing services. The City of Palm Springs will continue to consult with the CoC, Housing Authority, and other agencies where necessary to address the needs of the homeless populations as well as housing for persons at risk. The City of Palm Springs is not directly involved in the CoC. The City is, however, part of the Coachella Valley Association of Governments (CVAG) Homeless committee which is part of the CoC. As part of the effort to ensure the effective and efficient provision of housing and other services to homeless individuals and families, the development of the Consolidated Plan also included active citizen participation, which is described later in the Citizen Participation section.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Palm Springs is not a direct recipient of ESG funds.

Item 2C - Page 11

Annual Action Plan
2024
6 OMB Control No: 2506-0117 (exp. 09/30/2021)

2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Item 2C - Page 12

Annual Action Plan
2024
7 OMB Control No: 2506-0117 (exp. 09/30/2021)
Table 2 – Agencies, groups, organizations who participated 1 Agency/Group/Organization Riverside County Continuum of Care Agency/Group/Organization Type Services - Housing
Services-Victims of Domestic Violence
Services-homeless
What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

2 Agency/Group/Organization HOUSING AUTHORITY OF THE COUNTY

OF RIVERSIDE
Agency/Group/Organization Type PHA
Services - Housing
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Homelessness Strategy
Market Analysis
Item 2C - Page 13

Annual Action Plan
2024
8 OMB Control No: 2506-0117 (exp. 09/30/2021)
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

3 Agency/Group/Organization The County of Riverside Department of Public Social Services (DPSS)
Agency/Group/Organization Type Services-Children
Services-Elderly Persons
Services-Persons with Disabilities
Services-Persons with HIV/AIDS
Services-Victims of Domestic Violence
Services-homeless
Services-Health
Services-Education
Services-Employment
What section of the Plan was addressed by Consultation? Public Housing Needs Homeless Needs - Families with children
Homelessness Needs - Veterans
Homelessness Needs - Unaccompanied
youth
Non-Homeless Special Needs
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

4 Agency/Group/Organization FAIR HOUSING COUNCIL OF RIVERSIDE

COUNTY, INC
Agency/Group/Organization Type Services-Education
Service-Fair Housing
Mediation, Financial Training
Item 2C - Page 14

Annual Action Plan
2024
9 OMB Control No: 2506-0117 (exp. 09/30/2021)
What section of the Plan was addressed by Consultation? Housing Need Assessment Public Housing Needs
Market Analysis
Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination?

Identify any Agency Types not consulted and provide rationale for not consulting The City made a strong effort to consult with all agency types relevant to the development of this Consolidated Plan.

Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of
Care Riverside County
The County of Riverside is a Continuum of Care applicants and conducts homeless counts, surveys of the homeless population, and strategic planning to end homelessness. Consistent with the goals of the CoC, the City of Palm Springs Strategic Plan will provide support to nonprofits that meet the social services needs of the residents with an emphasis on the homeless.

Housing Element City of Palm Springs
Housing Element City of Palm Springs Based on the Regional Housing Needs Allocation (RHNA) set forth by the State of California, The Housing Element is the City's chief policy document for the development of affordable and market-rate housing.

Consistent with this policy document, the City will maintain and enhance the quality of existing residential neighborhoods through and, promote and encourage fair housing opportunities for all economic segments of the community, regardless of age, sex, ethnic background, physical condition, or family size.

Item 2C - Page 15

Annual Action Plan
2024
10 OMB Control No: 2506-0117 (exp. 09/30/2021)
Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? 2022 Riverside
County Point in
Time Report
The County of Riverside
Department of Public Social
Services (DPSS) with University
of California.

This report summarizes the count methodology, data visualization dashboards, and results of the sheltered and unsheltered PIT Count. The PIT Count provides a snapshot of the visible homeless and is not intended to represent a complete accounting of the homeless population.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)

Item 2C - Page 16

Annual Action Plan
2024
11 AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting

Additionally, the City encourages feedback from the public to submit written responses to the City Clerk during the commenting period of the Draft Annual Action Plan.

Item 2C - Page 17

Annual Action Plan
2024
12 Citizen Participation Outreach
Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
1 Public Hearing
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broa
d community

Residents of
Public and
Assisted
Housing

Citywide
Not Applicable Not Applicable Not Applicable
Item 2C - Page 18

Annual Action Plan
2024
13 2 Internet
Outreach
Minorities

Non-English
Speaking -
Specify other
language:

Spanish

Non-
targeted/broa
d community

Residents of
Public and
Assisted
Housing

Citywide
Not Applicable
Not Applicable

Not Applicable https://www.palmspringsca.gov/cd
bgprogram
3 Newspaper Ad
Minorities

Non-English
Not Applicable Not Applicable Not Applicable
Item 2C - Page 19

Annual Action Plan
2024
14 Sort Or
der
Mode of Outr
each
Target of Outr
each
Summary of
response/attend
ance
Summary of
comments rece
ived
Summary of com
ments not
accepted
and reasons
URL (If applicable)
Speaking -
Specify other
language:

Spanish

Persons with
disabilities

Non-
targeted/broa
d community

Residents of
Public and
Assisted
Housing

Citywide
Table 4 – Citizen Participation Outreach
Item 2C - Page 20

Annual Action Plan
2024
15 Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City of Palm Springs anticipates receiving CDBG funds of $2,244,905 during the five years of the Consolidated Plan, and $425,000 will be received in FY 2023-2024. Table 59 illustrates the City's expected resources, while Tables 6 and 7 provide further detail as related to the City's goals associated with the CDBG funding.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 4 Expected Amount
Available
Remainder
of ConPlan
$
Narrative Description
Annual
Allocation:
$
Program
Income: $
Prior Year
Resources:
$
Total:
$
CDBG public -
federal
Acquisition
Admin and
Planning
Housing
425,000 0 0 425,000 0

Other public -
federal
Other
0 0 0 0 0

Other public -
federal
Public Services
0 0 0 0 0

Table 5 - Expected Resources – Priority Table

Item 2C - Page 21

Annual Action Plan
2024
16 Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied
The City does not receive HOME, ESG, HOPWA, Housing Choice Vouchers (formerly Section 8), Competitive McKinney-Vento Homeless Assistance Act Funds, HOME Match, or ESG Match. Therefore, there will be no leveraging for these funds. However, the City will leverage CDBG funds with City General Funds and Housing Funds to maximize resources available to provide needed service.

Item 2C - Page 22

Annual Action Plan
2024
17 If appropriate, describe publically owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Not Applicable.

Discussion

Item 2C - Page 23

Annual Action Plan
2024
18 Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order
Goal Name Start
Year
End
Year
Category Geographic
Area
Needs
Addressed
Funding Goal Outcome Indicator
1 Housing Goal 1-Palm
Springs Comm Devpt& hm
rehab-Substantial
2020 2024 Affordable
Housing
Community-
wide
Housing CDBG:
$361,250
Homeowner Housing Rehabilitation: 24
Household Housing Unit

2 Housing Goal 4 - Fair
Housing
2020 2024 Fair Housing Community-
wide
Housing CDBG:
$63,750
Public service activities for
Low/Moderate Income Housing
Benefit: 1000 Households Assisted
Table 6 – Goals Summary

Goal Descriptions

Item 2C - Page 24

Annual Action Plan
2024
19 1 Goal Name Housing Goal – Palm Springs Comm Devpt. & hm rehab-substantial Goal
Description
Homeowner occupied housing repair program for Seniors. Repairs are necessary for safety and immediate livability of the home. Assistance may not exceed $15,000. Under this program the City would provide grants to qualified low to moderate-income homeowners to make needed home improvements. Grants are available to address code deficiencies, eliminate blight, and improve handicapped accessibility. The maximum grant amount will be $15,000 per household and will be provided on a first come first serve basis to qualified applicants. To participate, the property must be located within the City of Palm Springs, it must be owner-occupied, and owners must meet income requirements. 2 Goal Name Housing Goal 4 - Fair Housing
Goal
Description
Under CDBG guidelines, the City is mandated to consider fair housing impacts in its CDBG program and allows for CDBG funds to use CDBG funding for Fair Housing Activities. Fair Housing and Activities include but are not limited to : fair housing counseling, landlord tenant mediation, education and training about renters rights, leases, etc. This also targets "protected classes" which includes nondiscrimination based on actual or perceived race, religion, color, sex, age, domestic partner status, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. The City Council requested these funds to provide comprehensive services that affirmatively address and promote fair housing (anti-discrimination) rights and landlord/tenant services to the City of Palm Springs

Item 2C - Page 25

Annual Action Plan
2024
20 Projects
AP-35 Projects – 91.220(d)
Introduction
The City used a grantee survey of qualified organizations with direct solicitation to allow the City Council to select qualified organizations projects based on need. Therefore, the City chose model 3- Grantee survey of qualified organizations with direct solicitation

Projects
# Project Name

1 City of Palm Springs Community & Economic Development Home Repair Program- Substantial 2 - Fair Housing and Legal Services
Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
These allocations were based on the outcomes of the needs assessment in the consolidated plan as well as emerging needs within the jurisdiction.

Item 2C - Page 26

Annual Action Plan
2024
21 AP-38 Project Summary
Project Summary Information
Item 2C - Page 27

Annual Action Plan
2024
22 1 Project Name City of Palm Springs Community & Economic Development - Home Repair Program- Substantial
Target Area Community-wide
Goals Supported Housing Goal 1-Palm Springs Comm Devpt. & hm rehab-substantial Needs Addressed Housing
Funding CDBG: $361,250
Description Pilot Homeowner occupied housing repair program for Seniors. Repairs are necessary for safety and immediate livability of the home.

Assistance is based on need and may not exceed $15,000 Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
There are 24 Low /moderate-income households that will benefit Location Description 3200 E Tahquitz Canyon Way, Palm Springs 92262 Planned Activities Homeowner occupied housing repair program for Seniors. Repairs are limited to those necessary for safety and immediate livability of the home. Assistance may not exceed $15,000
2 Project Name Fair Housing and Legal Services
Target Area Community-wide
Goals Supported Housing Goal 4 - Fair Housing
Needs Addressed Housing
Funding CDBG: $63,750
Item 2C - Page 28

Annual Action Plan
2024
23 Description Under CDBG guidelines, the City required toto consider fair housing impacts in its CDBG program and allows for CDBG funds to use CDBG funding for Fair Housing Activities. Fair Housing and Activities include but are not limited to fair housing counseling, landlord tenant mediation, education and training about renters’ rights, leases, etc.

This also targets "protected classes" which includes nondiscrimination based on actual or perceived race, religion, color, sex, age, domestic partner status, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition. Funds will be used to provide comprehensive services that affirmatively address and promote fair housing (anti-discrimination) rights and landlord/tenant services to the City of Palm Springs. This CDBG activity is eligible to be funded under Public Services and Program Administration Target Date 6/30/2024
Estimate the number
and type of families
that will benefit from
the proposed activities
2,000_people from Low/Moderate Income communities and 2,000 Palm Springs Residents will benefit
Location Description
Planned Activities Landlord/Tenant services such as education (i.e., outreach, public awareness, individualized counseling) and training / technical assistance (i.e., pro-active workshops preventing complaints and violations); and Anti-Discrimination such as enforcement (i.e., compliant intake, investigation, resolution options).

Item 2C - Page 29

Annual Action Plan
2024
24 AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City does not direct its funding by geographic areas.

Geographic Distribution
Target Area Percentage of Funds
Community-wide 100
Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Allocating investments by geographical priority is not applicable.

Discussion
Not applicable.

Item 2C - Page 30

Annual Action Plan
2024
25 Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City experienced significant economic hardship during the 2021-2022 period, and lost its housing set aside funds as a result of the elimination of redevelopment by the State. These two factors limited the City's ability to facilitate affordable housing projects. However, the City continues to encourage the development of various housing units for extremely low to moderate-income households in a variety of ways. Activities include outreach to non-profits and for-profits housing developers as well as the County CoC/Collaborative Applicant, providing in-kind technical assistance for housing developers, financing and funding assistance, and expedited processing as appropriate. Through the efforts of these entities and the CoC, the housing needs of various segments are carefully reviewed and addressed, to the greatest extent possible. According to the Southern California Association of Governments (SCAG) delegating to the Coachella Valley Association of Governments (CVAG), the responsibility to assign specific housing needs goals; the factors rely on population and employment growth projections. On February 6, 2019, the City approved entering into a Disposition & Development Agreement with Community Housing Opportunity Corporation (CHOC) for a 60-unit multi-family affordable housing development. CHOC has successfully secured tax credit funding in the amount of $ 20,000 and the project will be progressing into the design phase.

One Year Goals for the Number of Households to be Supported Homeless 0
Non-Homeless 20
Special-Needs 0
Total 20
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 0
The Production of New Units 0
Rehab of Existing Units 20
Acquisition of Existing Units 0
Total 20
Table 10 - One Year Goals for Affordable Housing by Support Type

Discussion
The City does not own or operate any units. For this section, the term “affordable housing” is defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership.

Nevertheless, the City has partnered with third parties in the development of affordable units that Item 2C - Page 31

Annual Action Plan
2024
26 would own and operate 1,440 to use CDBG funding for the purpose of affordable housing as defined in the HOME regulations at 24 CFR 92.252 for rental housing and 24 CFR 92.254 for homeownership.

However, the City partners with the County of Riverside to offer Affordable Housing Development and Down Payment Assistance through the Permanent Local Housing Allocation (PLHA) Program. The County is the lead agency for this program and will prepare the reporting and evaluation on behalf of the City.

The amount of household assisted and/or served shall be documented through coordination with the County and described in the City's CAPER. In FY 2023-2024 The City of Palm Springs anticipates assisting up to 20 low/moderate income households through its CDBG owner occupied housing rehabilitation programs .

Item 2C - Page 32

Annual Action Plan
2024
27 AP-60 Public Housing – 91.220(h)
Introduction
The City is not designated as a public housing agency. Consequently, all questions pertaining to public housing are referred to the County of Riverside Housing Authority.

Actions planned during the next year to address the needs to public housing Not applicable.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
The City will continue to follow its Citizens Participation Plan to inform and encourage resident participation and work with a fair housing services provider to educate residents on various topics relative to their rights as residents and homeownership. The City will continue promoting the purchase of affordable housing units for sale throughout the City and educate anyone interested in purchasing or who desires information on how to purchase a home.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
The City will continue its efforts to promote affordable housing within the community and maintain existing affordable housing stock. The City will work with a fair housing services provider to continue to educate both residents within the community, as well as residents of affordable housing, on topics including the resident/tenant/landlord laws, discrimination, homeownership, predatory lending practices, and other areas of need that may arise.

Item 2C - Page 33

Annual Action Plan
2024
28 AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
Homeless and homeless prevention services are identified as a high priority need in the Consolidated Plan. Riverside County, as an Urban County, annually anticipates expending approximately 25 - 50 percent of its public service cap (up to 15 percent of the CDBG annual allocation) to provide homeless and homeless prevention services. Additionally, the City General funds are used to assist and provide housing opportunities for those at-risk of becoming homeless as well as supportive services for those homeless.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The County of Riverside CoC has established chronically homeless persons as the highest need priority.

The CoC implements a targeted street-to-home outreach program/campaign that covers 100% of its area and takes a housing-first approach for chronically homeless households and others with a disabling condition. The City, as well, has engaged contractual arrangements with the County's Department of Mental Health for Homeless Outreach Services through its Housing Crisis Response Team with City General Funds. The City has secured match funds from the Desert Healthcare Foundation for a Second Team and established Homeless Wrap-Around Services through Martha's Village & Kitchen (MV&K).

Non-disabled persons are housed as quickly as possible. The CoC has implemented a coordinated assessment system to ensure the right intervention through program admissions that will be marketed to community groups and outreach providers who coordinate outreach efforts with staff trained to guide households through the process regardless of age, gender, ethnicity, disability, etc. The CoC has outreach teams that cover most of County areas. However, the City of Palm Springs took the lead by engaging County Mental Health and funding a Housing Crisis Response Team which conducts daily mobile street outreach and provides client services focused on the chronically homeless populations living on streets to connect them with supportive services and achieve housing stability. The Department of Mental health has outreach peer specialists in the Desert-Mid county region. The Outreach Specialists presents each person with an initial field assessment and an in depth assessment as well as referrals to all contacts, linkage to various community organizations, assistance with entitlement questions and problems, linkage to mental health providers for assessment and services, if appropriate, and housing by partnering with community agencies. In addition, they facilitate referrals and other Item 2C - Page 34

Annual Action Plan
2024
29 linkages to services.

Addressing the emergency shelter and transitional housing needs of homeless persons There are 646 emergency shelter beds and 540 transitional housing beds in the County of Riverside CoC.

Transitional Housing (TH) is used to cover the costs of housing while providing case management and support services; providing a period of stability to enable homeless people to transition successfully to and maintain permanent housing within 24 months of program entry. To achieve its goal of ending homelessness, the CoC encourages communities to transform transitional housing programs to permanent supportive housing or rapid re-housing. The CoC is working with the County’s Economic Development Agency (EDA), which administers ESG funding, to integrate CoC and ESG funding to increase the number of families with children who are assisted through rapid re-housing. In addition, non-McKinney-Vento funding sources, such as Emergency Food and Shelter Program (EFSP), funded under FEMA will be matched as a source for rental/mortgage assistance for families that are homeless or at-risk of homelessness in the County’s strategy to meet this goal.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The CoC has taken the following steps to reduce the length of time homeless (LOTH): 1) adopted and implemented a CoC wide Housing First approach; 2) adopted and implemented a CoC wide Rapid Re- housing approach. The CoC has recently increased the number of public/private partners to help implement these approaches; 3) the CoC has begun revising intake processes to ensure homeless households are given the appropriate intervention at the time admitted to the program to help reduce their stay; 4) adjusted case management procedures to train CoC and ESG case managers to move away from a housing-ready approach to an evidence-based home-based case management approach; 5) improved data collection through HMIS by training participants to enter related data correctly and timely; and 6) generating monthly reports for outcome measurement. The CoC is in the process of adopting the HEARTH goal of no more than 30-days homeless and the high-performing communities’ goal of reducing LOTH at least 10% from preceding years. The CoC will target non-HUD funded projects to reduce their LOTH, such as those who receive EFSP, CDBG, and HOME funding. The region's 2-1-1 Community Connect phone and internet access are another essential resource for individuals and families who are at-risk of or are imminently losing their housing. By utilizing 2-1-1 Community Connect, those in need can reach specialists, trained to answer questions, listen to caller's needs, and connect callers with accurate referrals. The referral is based on a continuously updated database of hundreds of Item 2C - Page 35

Annual Action Plan
2024
30 health and human services programs and non-profits city and countywide.

Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

The County of Riverside CoC Discharge Policy is mandated by the State of California and followed by the CoC. The CoC established a Discharge Planning Committee, responsible for implementing policies and protocols and coordinating with various organizations to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. The goals are to identify discharge housing needs inclusive of housing and supportive services and to link the individual with community resources that will include mental health services, substance abuse support, and housing. Health Care – The Hospital Association of Southern California Inland Area serves as the lead agency on the Discharge Planning Committee to facilitate communication regarding the discharge planning needs of homeless persons from acute care hospitals including Riverside County Regional Medical Center. They identify those individuals with severe mental health or substance abuse disorders, and veterans, and fully coordinate their discharge plan possible with follow-up to mental health and/or physical service providers. Mental Health - The County of Riverside Department of Mental Health (DMH) collaborates with DPSS and the CoC in the coordination and implementation of discharge planning for homeless individuals disabled by a serious mental health and/or substance abuse disorder(s). Activities within a mandated policy such as 1) nature of illness and follow-up required, 2) medications and dosage schedules, 3) referrals to mental health providers, 4) financial needs, 5) educational/vocational needs, 6) social needs, and 7) housing needs are prioritized. DMH provides placement assistance to homeless clients leaving the public and private facilities. They also collaborate with the courts and interested parties to determine how best to meet client needs in a community setting. Based on the assessment, homeless individuals are provided with housing placement in board and care, skilled nursing, and privately funded structured residential settings. Foster Care - Riverside County’s Children’s Services Division Independent Living Extended Foster Care programs help transition dependent youth who are emancipating from foster care to independent living. Services available for homeless young adults who left foster care include: re-entering extended foster care, housing referrals, SSI screening, application assistance with medical and food benefits, transportation vouchers, clothing services, and replacement of lost or stolen vital documents, such as Social Security card, birth certificate, state ID or driver’s license. Corrections - The Department of Public Social Services and the Riverside County Sheriff’s and Probation Departments support the Continuum of Care’s mission of working towards reintegrating persons leaving correctional facilities to community-based living and self -sufficiency through effective use of community services. They identify individuals leaving county correctional facilities and work with stakeholders to link these individuals to housing, mental health, substance abuse services, and community supports. Another resource is the Probation Day Reporting centers established for the Early Item 2C - Page 36

Annual Action Plan
2024
31 Release (AB109) offenders and assistance for job placement, food, clothing, and counseling services upon release from county and state correctional institutions.

Discussion
Through the CoC and Collaborative Applicant, the City will continue to address homeless needs within the community. As such, the City will continue to allocate its Pro-Rata Share of funding to the County for distribution through the CoC. The City’s allocation has been estimated to be $70000. In addition, the City also continues to work with the Coachella Valley Association of Governments (CVAG) to address the Coachella Valley’s homelessness issue by way of providing funds for homeless prevention and rapid- rehousing in the amount of $100000, for County Mental Health Housing Crisis Housing Team in the amount of $330000, the Alan Seaman Bus Pass Program in the amount of $3000, and the MV&K's Homeless Wrap-Around Services in the amount of $146412. With these partnerships, the City and the community have been able to determine the needs required to address homelessness and direct available resources such as providing shelter, supportive services, etc. to assist homeless persons to become self-sufficient.

Item 2C - Page 37

Annual Action Plan
2024
32 AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

No governmental constraints have been identified that have a significant adverse impact on housing and affordable housing development in Palm Springs. The City’s permitting process and infrastructure requirements are comparable to those of surrounding Coachella Valley cities. Although some application fees may have increased, they remain among the lowest in the region. General Plan and zoning land use designations allow for all types of development and a broad range of densities. The City’s housing policies and programs have been established and implemented, as necessary, to assure that governmental constraints are minimized. The City’s processes are not a constraint to the provision of affordable housing.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
The City's Housing Element analyzes the governmental, environmental, physical, and economic constraints associated with the development of housing. The Housing Element does not reflect conditions within Palm Springs' control that would negatively impact affordable housing opportunities or create barriers. The City will continue to use available resources to assist in increasing the availability of affordable housing through services, including fast-tracking for shorter processing time, where possible. Other services include maximizing limited resources to increase affordable housing units to lower-income households in its efforts to remove barriers to affordable housing. The City's Consolidated Plan outlines specific goals and activities that will assist in minimizing or eliminating barriers to affordable and fair housing, which the City will continue to address annually.

Discussion:

Funding the a fair housing service provider will assist the City in educating and addressing issues that may arise that create barriers to affordable housing and fair housing throughout the year, as well as educating groups/individuals of these barriers. In addition, the City updated its Analysis of Impediments to Fair Housing Choice and Fair Housing Action Plan that will also assist the City in addressing these types of issues.

Item 2C - Page 38

Annual Action Plan
2024
33 AP-85 Other Actions – 91.220(k)
Introduction:

The City will continue to address obstacles that impact its ability to provide services to those in need.

This will be accomplished through the identified resources and funded organizations.

Actions planned to address obstacles to meeting underserved needs The City will continue to work toward the reduction/elimination of obstacles to meet underserved needs through the funding of various organizations designed to provide services to those in need. The City is not equipped to provide direct services required; therefore, funding organizations that do is essential.

The City does partner with these organizations to address obstacles and address barriers that exist.

Actions planned to foster and maintain affordable housing The dissolution of California Community Redevelopment Agencies has dramatically hampered the availability of funds to foster and maintain affordable housing.

Actions planned to reduce lead-based paint hazards
The City has a low elevated amount of lead-based poisoning due to the majority of construction of owner-occupied/renter-occupied housing units that occurred after 1970, according to the County of Riverside Environmental Health Department. The City's Building and Safety Department addresses this issue on a case-by-case basis through the following steps: Step 1: As newer homes are built, stricter environmental guidelines and the sale and rental of older homes are regulated to protect potential buyers and renters. While lead-based paint hazards are still a potential problem, this has allowed for better protection to children and adults by minimizing lead-based paint hazards in new homes. Step 2:

The City will work with the County, residents, or others to address the issue of lead-based paint hazards through testing and abatement efforts on a case-by-case basis. State law, as amended under Section 302, requires housing agencies to conduct random samples of dwelling units, common areas, and exteriors to determine the presence of lead-based paint in pre-1979 family developments where children live or possibly visit. Step 3: The City will conduct outreach and education through the City’s Building and Safety Department. Outreach and education ensure that regulations related to enforcement of lead-based paint are carried out on City projects and on private projects, when possible, through remodels and rehabilitation of older units that require permits or if brought to the City’s attention. Step 4: The City will also refer calls to the County of Riverside Environmental Health Department to identify qualified firms that assist residents and businesses with lead-based paint, mold, and other hazards. Step 5: The City will contract with a fair housing services provider, which will distribute informational brochures and hold events to educate and increase awareness of lead-based Item 2C - Page 39

Annual Action Plan
2024
34 paint hazards.

Actions planned to reduce the number of poverty-level families Assisting service providers established to address specific areas of need to those facing poverty is essential in the City’s ability to focus on reducing this issue. Through the partnerships and working relationships with Providers and other Agencies implementing such programs that provide education, job training, supportive services, etc. The City will achieve some success in assisting those facing poverty to improve their situations. Some of the focus areas include: Employment and Education: Jobs, job training, technical assistance, adult literacy, and life skills. Housing: Affordable housing, home repair and rehabilitation, emergency shelters, transitional and permanent housing. Safety Net Services: Food pantries, emergency homeless shelter services, basic nutrition, counseling, and other forms of assistance, when identified. Youth: Programs and services for youth and at-risk youth.

Actions planned to develop institutional structure
The City will continue with the same process as in the past to undertake actions to develop and maintain institutional structure as follows: Work with County of Riverside, Department of Health as well as other County departments and public agencies to address homeless, food, housing, etc. issues throughout the County; Work with non-profit organizations to improve services or address other needs that are focused on addressing underserved needs within the community; Work with private businesses and other residents, where and when possible; and Continue to participate with the County Continuum of Care Board of Governance and CVAG Homeless Committee to address homeless issues and continue to build a strong collaboration to assist homeless efforts. Improving relations with these groups should improve and establish new institutional structures to gather participation, input, information, or any other form of communication or assistance that will improve the process and address unmet needs.

Actions planned to enhance coordination between public and private housing and social service agencies
The City works with various County Departments, Agencies, and Non-Profit organizations to identify and carry out goals and objectives of the CDBG Program. The City strives to create a more cooperative and collaborative working relationship. The City invites these groups to attend public hearings, community meetings, and special meetings that address specific programs and projects. The City has an approved Citizen’s Participation Plan that it follows in this regard.

Discussion:

The City seeks to build new partnerships and maintain existing relationships to address and further the needs of the homeless, those at-risk of becoming homeless, and very low to low-income individuals and families. Efforts include implementing new support programs that address needs and gaps in existing service, providing and/or maintaining housing/shelter opportunities, rapid re-housing assistance for Item 2C - Page 40

Annual Action Plan
2024
35 homeless and those facing homelessness, assistance with negotiating social services available to individuals and families, and tracking activities associated with these programs. Such efforts allow involved agencies and organizations to better be able to identify and address needs of this clientele.

Item 2C - Page 41

Annual Action Plan
2024
36 Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l)(1,2,4)
Introduction:

Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)
Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: 0

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 75.00%

Item 2C - Page 42

ATTACHMENT B

2020-2024 ConPlan Goals

HOUSING GOALS

GOAL 1: REMOVE CONSTRAINTS THAT HINDER THE PRODUCTION AND

CONSERVATION O F AFFORDABLE HOUSING UNITS AND ASSIST IN THE

DEVELOPMENT OF HO USING OPPORTUNITIES AND ACCESSIBILITY FOR ALL ECONOMIC LEVELS IN THE CITY.

GOAL 2: PROVIDE SUPPORT SERVIC ES FOR THE CITY'S RESIDENTS TO ENSURE

THAT ALL HOUSING PROGR AMS ARE AVAILABLE WITHOUT

DISCRIMINATION ON THE B ASIS OF ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, SEX, N ATIONAL ORIGIN (I.E., PLACE OF ORIGIN,

IMMIGRATION STATUS, CULTURAL OR LINGUISTIC CHARACTE RISTICS,

OR E THNICITY), SEXUAL ORIENTATION, GENDER IDENTITY, GENDER

EXPRESSION, ANCESTRY, DOMESTIC PARTNER ST ATUS, MARIITAL

STATUS, AGE, HOUSEHOLD COM POSITION, INCOME, SIZE, PHYSICL OR

MENTAL DISABILITY, MEDICAL CONDITION, OR ANY OTHER ARBITRARY FACTOR.

HOMELESS GOALS

GOAL 1: SUPPORT OR PROVIDE FUNDING FOR PROGRAM S THAT OFFER

SERVICES AND/O R SUPPOR TIVE HOUSING TO AS SIST HOMELESS

INDIVIDUALS AND/OR FAMILIES

NON-HOUSING GOALS

GOAL 1: ESTABLISH NEW AND/OR EXPANDED COLLAB ORATIONS WIT H LOCAL

SERVICE PROVIDE RS ON PROJ ECTS AND PROGRAMS THAT REDUCE

THE EFFECTS OF POVERTY AND SERVES SENIORS, AT -RISK YOUTH ,

SEVERELY DISABLED ADULTS, AND SPECIAL NEEDS POPULATIONS

NON-HOUSING COMMUNITY DEVELOPMENT GOALS

GOAL 1: PROVIDE PUBLIC FACILI TY IMPRO VEMENTS THROUGH DESIGN,

ENERGY-EFFICIENCY, REHABILITATION AND NEW CONSTRUCTION

ECONOMIC DEVELOPMENT

GOAL 1: PROMOTE, MAINTAIN AND/ OR EX PAND THE CITY’S ECONOMIC BASE

THROUGH ECONOMIC AND EMPLOYMENT OPPORTUNITIES TO EXISTING

LOCAL BUSINESSES AND PROSPECTIVE BUSINESSES

Item 2C - Page 43

ATTACHMENT C

Low / Moderate Income Census Block Map

Item 2C - Page 44
060659414003
060650446023
060659412002
060659414002
060650445221
060650447021
060659408001
060650446062
060650446021
060650446042
060650447011
060650447012
060650448041
060650448061
060659410001
060659410002
060650446052
060650445211
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
City of Palm Springs
Low and Moderate Income Areas with City Owned Overlays
Legend
Right-of-Way
City Owned Property within LMI
Low and Moderate Income Areas
Census block groups where over 51% of population is LMI.

Facility Name
A Sunrise Park/Stadium
B Skate Park
C PS Senior Affordable Apartments
D Police Station Complex
E Visitors Center
F Baristo Park
G Fire Station #4
H Waste Water Treatment Plant
I Demuth Park Community Center
A
B
C
D
E
F
G
I
H
Item 2C - Page 45
I
l-'oa41e,-, SAN GORGON/0 PASS
'?a,- <,.\ BANNING PASS
,0
, ,
~
<
,.,,,.

Folly Puk
IOBl5tl,
' ?-"/~
S..nlil ~-Sen
J .,.,. -uni:. .. ,
Na111na! t,l<>1•un11n1
, ., '.h
1 C
¥ d
ii
~
i •
White Water
I . I .• I
Sen JOClfltO Peak
. l 1111
10331 ft
Uar,nn .Un11r1,.,,,,
Sad(
June
Pe,n ea Fl II
}
•• .\1~s10n Creu !fd j!
\ ,
./
243511
-
WCS!slde Dr
Sunns" Or
ro"View Dr
••
~---
' -
ol\l-'1ure 01
"""
• " C
e
i
G;-:irllt
Chino Creeir
•
$
C
"
C
:-•.

Pierson Blvd
1 • . I .,
~
& ~~ ;
;f ::
' .. ~ f 0 !,.I
• • ~ ,,
C
' "' C
• , •.

Smokll Tree Rd
••• Bane l Cal;ll.6 Rd
D11bn Rd
Chino Canyo11
Ta(;hevsh Ca11yon
•
"" ~--!----------~
Tithgu,tz Peek
i >
South Ridge
,,
i •
7643 fl.

South
Peek
,•
' ' '
.. ... • -
Murrey Canyon
,,
"' .
'' t'
Sen• R::uB
Sam.J-,,;mti,
~tiunuona
Natc..at Monu""'rt
,~ ••
"'• . "' ¾, D
'
~
C
• 0
<
' • • 0
" z
f404tl
•
,, ,...
111h Ave
scenie Or
' •
' ~
!i
1411!A~
161h Ave
W Slevens Rd
' >
• C
~ ,
>
z
,. ,.

O"Oonnel
Goo
Club
..
6 C
~
8 C
' • z
Z z
• ,i' l.liHDn
(J:p Ulket
'i,Caumry
;;".i Club
• ' ._ ~
l,"5son Lakes Blvd
~
13th Ave •
~
0 ""
o,11on Rd
Thumb Or '
•
0 t: Francis Or
• §
e
0 f
• • • "
f z
••• Z l·l;udy
2 • ~
s
C
•
• J
•
""rlt E T.imansk Rd
E Gronvl .:i V.ilmonle
E AleJO Rd
E Am.:iao Rd
'l:-""'
' ' J
• !ndOln
0 ' 1
i z
00 C.1n)'QRI
Goll Re110rt
Not1h
0 ~
0 e
•
Agua C111 .. n1o E 8:lger1 r,1

PALM CANYON
,.
'
e
0 • ' ~
~
0 • " 0
e
• ~
~
• " 0
,,. • ~
• 5
• ....
~ IJJ
Jr
, m
0 ~ ,:
·~ 0
1 ~ ,.
~ \
,;:."' \,
v'
-. ,
•------ ------~
0 ~
81h St 8
71h St
Pierson Blvd
6 th .St
51hSI
De sert Hot
Springs
4th St
1,;tSt
Acoma A,~
Buena VIS.I.I Ave
Ca t1uilb Ave
Desert Vtew Ave
Ironwood Dr
15th Ave
~
• ~
~
!
' • f
0 ' ~---
~
Hacie n:la Ave
Cam1ro Campanero
j
~ Camino Campeo,1111J
j
~
•
Otllon Rd
20111 Ave
0 E
~
0 g
!~ o,
o>
~
' <
t C.-imn:, ld1hl.l
• <
0 ~~ • E
•'~ •• •
0 • 0 • • • , • I
18th Ave
Duer1 Dunea
GolfCOUrM
,
/' , ,
. " ..... ' ,,. ... • co..,uy > C•o
' ,a
§
~
Sand• RV
and Golf
~~-
Pilon Rd
cat Claw Rd
Sl=Vl=N PAL
201h A,e
WIiiow H
...

Flot Top Mo1111f11,11
~hoq'"III ,f:

CouraryClub.:t) Fa.,.:h11:h Bel
A11G-n1
Tcmmr
'="" B11IA11
GtHn,
E sonorn Rd
• 0
"
>
•
' ' e <
~ • •
Wa"tlot'O,rf) Con,1011
Kori< Oougl.J.i.
.. ,
Vsst.J Chno
Club
.. " •.. •• •· '• •• t
Oeser! La~es Dr
Mur,ay HIii
Rock Conyon
Vemre Rd
Ol.lJO Rd
Pllmeta Rd
O.•"
Pr1nc11H
Coumry
Club "'
f ~
c,,..,,..,,,
Goll Rlsort
""'
f&t,,:iu1zC-k
Gol!Re110rt
? •
~, ~
'\-ess Dr .,
ii
t e
~
r
M::Callum \'i.Jy f
~
>
• • •
0 • 0
• 0
•
I
'

8.lrasto Rd
J3

CITY COUNCIL STAFF REPORT
03/23/2023
SUBJECT:

REQUEST TO APPROVE THE ENVIRONMENTALLY PREFERABLE PURCHASING POLICY.

RECOMMENDATION:

Approve the Environmentally Preferable Purchasing Policy (EPPP) and incorporate them as an attachment to the City’s Procurement and Contracting Policy (Title 7 of the City’s Municipal Code).

Attachments
Item 3A

CITY COUNCIL STAFF REPORT

DATE: MARCH 23, 2023 BUSINESS AND LEGISLATIVE

SUBJECT: REQUEST TO APPROVE THE ENVIRONMENTALLY PREFERABLE

PURCHASING POLICY

FROM: Scott C. Stiles, City Manager

BY: Office of Sustainability
Procurement and Contracting Department

SUMMARY:

The City of Palm Springs is required to adopt a purchasing policy that reflects the procurement requirements in SB 1383 Regulations (California Code of Regulations, Title 14, Division 7, Chapter 12). The City has incorporated these requirements as well as requirements and recommended practices from recent C ity policies and ordinances.

When approved, the Office of Sustainability and the Procurement and Contracting Department will work together to train staff and inform contractors about these new requirements.

RECOMMENDATION:

Approve the Environmentally Preferable Purchasing Policy (EPPP) and incorporate them as an attachment to the City’s Procurement and Contracting Policy (Title 7 of the City’s Municipal Code).

BACKGROUND:

The City Council reviewed a prior draft of the EPPP at the March 10, 2022, meeting. In order to provide time to receive feedback from the Sustainability Commission, the Council voted to adopt only Section 4 of the EPPP at that time, which is the section that specifically incorporates requirements from SB 1383 (California Code of Regulations, Title 14, Division 7, Chapter 12) for procuring recycled content paper and recovered organic waste products, and to revisit after the Commission had provided further input.

The Sustainability Commission formed an Ad Hoc Committee during the spring and summer of 2022. The Committee’s recommendations, which are summarized in Attachment C (Minutes of the June 2022 Sustainability Commission meeting) , were incorporated into the EPPP that has been provided for the Council’s review and approval.

Item 3A - Page 1
City Council Staff Report
March 23, 2023 -- Page 2
Environmentally Preferable Purchasing Policy

The Sustainability Commission voted in July 2022 to approve the EPPP as amended by the Committee and recommend its approval by the City Council.

The amended version was then reviewed by the Procurement and Contracting Department. The Sustainability Commission approved the version incorporating suggestions from Procurement at the February 2023 Commission meeting.

STAFF ANALYSIS:

The Environmentally Preferable Purchasing Policy (EPPP) aims to consolidate environmental and sustainability requirements that impact City purchasing into a single, actionable document. The EPPP also builds on the leadership and creativity of employees across the departments of the City of Palm Springs, many of whom have already identified and implemented environmentally responsible practices and alternatives in their purchasing. The Office of Sustainability, in collaboration with the Sustainability Commission and departments across the City including Procurement and Facilities, developed the EPPP guided by the following principles:

• Minimize health risks to City staff and residents by:
o Purchasing products that have fewer toxic chemicals where possible. • Minimize the City’s contribution to global climate change by:
o Purchasing energy from renewable or green sources instead of from fossil fuels.
o Promoting energy-efficient practices and technologies. • Improve air quality by:
o Purchasing products that contribute to improved indoor air quality. o Implementing practices that reduce generation of harmful particulate matter and emissions of toxic chemicals.
• Protect the quality of ground and surface waters by:
o Purchasing products and implementing practices that reduce pollution and conserve water.
• Minimize the City’s consumption of resources by:
o Increasing product efficiency and effectiveness, using products that are durable and long-lasting, and reducing materials that are landfilled. o Purchasing products that include recycled content.
• Support emerging and established manufacturers and vendors that reduce environmental and human health impacts in their services and production and distribution systems.
• Comply with State requirements of SB 1383 procurement regulations (1 4 CCR Division 7, Chapter 12, Article 12) to procure a specified amount of Recovered Organic Waste Products that will support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled- Content Paper Products and Recycled- Content Printing and Writing Paper.

Item 3A - Page 2
City Council Staff Report
March 23, 2023 -- Page 3
Environmentally Preferable Purchasing Policy

Notably, the EPPP also prominently places the following language at the beginning of the policy:

It is not the intent of this policy to require a department, buyer, or contractor to take any action that conflicts with local, state, or federal requirements or to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Products that have already been purchased that do not meet these purchasing guidelines should be used until they need to be replaced. New purchases should follow this policy and any exceptions noted.

Staff will use the EPPP in four primary ways: identifying requirements that apply to specific products; identifying best practices for reducing overall purchasing impacts; understanding how to maximize utility and environmental value from purchases; and preparing for repor ting. Products where specific requirements are instated include cleaning products (I.e., banning certain toxic chemicals for cleaning product use), paper (including the requirements in SB 1383 for recycled content minimums), appliances (using Energy Star where available), etc. Recommendations toward best environmental practices cover topics like source reduction, building on the City’s existing Local Preference policies to minimize the greenhouse gas impact of transporting products, and looking for recycled content in products from textiles to concrete.

The EPPP includes requirements where compliant products are easy to acquire and are comparable in cost to non-EPPP compliant alternatives (or where required by local, state, or federal law). Where those conditions are not met, the EPPP contains recommendations or specific directional guidance to help City staff reduce the environmental impact of their purchases. The guidance in the EPPP can be used to develop and evaluate RFP responses, for instance, where achieving these goals does not put an undue financial burden on the City . The Office of Sustainability will work with the Procurement and Contracting Department to compile annual reporting and review the policy, making updates as needed to align with new requirements or available products.

If the EPPP is approved by Council, the Office of Sustainability and the Procurement and Contracting Department will work together to implement two types of training – a more general training and set of materials targeted to all staff, since staff across many roles may make purchases, and a more detailed training and community of practice for “power purchasers,” those who would be involved in reporting, and/or departmental sustainability champions. Both ODP (Office Depot) and Amazon Business also prominently feature environmentally preferable products in their catalogs and have implemented several ways to make it easy for staff to purchase compliant products where available, and a significant portion of the City’s supplies are purchased through these platforms.

Due to the diverse nature of the products covered by and recommendations made in the EPPP, it is difficult to estimate and succinctly describe its predicted environmental impact.

Item 3A - Page 3
City Council Staff Report
March 23, 2023 -- Page 4
Environmentally Preferable Purchasing Policy

Staff will track purchases across several categories and make an annual report to the City Manager on the estimated impact of the policy.

ENVIRONMENTAL ASSESSMENT:

Approval of the policy is exempt from California Environmental Quality Act (CEQA) review because it does not constitute a project under CEQA pursuant to Guideline 15378(b)(5), which provides that organizational and administrative activities of governments that will not result in physical changes in the environment are not considered projects for CEQA purposes.

ALIGNMENT WITH STRATEGIC PLANNING:

This program aligns with Council Priority #2B – Consider new policies (implementing SB1383) and with Council Priority #2C – Develop internal policies/practices.

FISCAL IMPACT:

EPPP-compliant products can cost between 5- 20% more than non- compliant products, though this is not universally true. Where compliant products are not as prevalent, the policy either contains cost thresholds intended to protect against extreme price spikes or differentials; provides a recommendation instead of a requirement ; or provides commensurate recommendations on how to decrease the amount of the product that might be required. Staff estimates that full compliance with EPPP could increase supplies budgets by between 5 -10%, though staff in Sustainability and Procurement wi ll closely monitor spending and adjust as needed to maintain fiscal responsibility.

REVIEWED BY:

Department Director: Lindsey-Paige McCloy
Procurement and Contracting Manager Kim Baker
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. Environmentally Preferable Purchasing Policy, Approved by the Sustainability Commission
B. Minutes of the March 10, 2022 City Council Meeting
C. Minutes of the June 28, 2022 Sustainability Commission Meeting D. Minutes of the July 19, 2022 Sustainability Commission Meeting E. Excerpt of the Minutes of the February 23, 2023 Sustainability Commission Meeting
F. EPPP Attachment A – Palm Springs Foodware Ordinance
Item 3A - Page 4
City Council Staff Report
March 23, 2023 -- Page 5
Environmentally Preferable Purchasing Policy

G. EPPP Attachment B – SB 1383 Requirements
H. EPPP Attachment C – CA Public Contract Code on Recycled Oil I. EPPP Attachment D – Contamination Levels for Compost and Mulch J. EPPP Attachment E – Municipal Code on Water Efficient Landscaping K. EPPP Attachment F – Excerpt of State Model Water Efficient Landscape Ordinance
L. EPPP Attachment G – CA Public Contract Code on Recycled Content Item 3A - Page 5

ATTACHMENT A

Item 3A - Page 6

City of Palm Springs
Environmentally
Preferable Purchasing
Policy

FEBRUARY 21, 2023
Item 3A - Page 7
Environmentally Preferable Purchasing Policy – City of Palm Springs

CONTENTS
1 1
2 3.1 End Producer Responsibility and Source Reduction2 3 3.3 Recycled Content Products4
4 5
6 6
6 7
8 6.0 PROGRAM EVALUATION10

7.0 DEFINITIONS ..................................................................................................................................9

Item 3A - Page 8
1 CITY OF PALM SPRINGS ENVIRONMENTALLY PREFERABLE PURCHASING POLICY

1.0 STATEMENT OF POLICY
It is the policy of the City of Palm Springs to:

A. Support Municipal Code 7.05.050 Recycled and energy consumptive materials —Life cycle costing—Environmental procurement, which states: “Guidelines shall be established governing the review and approval of specifications for the procurement of selected materials based on consideration of recycling, energy conservation, life cycle costing and other environmental considerations. (Ord. 1605 § 1, 2002)”
B. Require purchase of products and services that minimize environmental and health impacts, toxics, pollution, and hazards to worker and community safety and to the larger global community to the greatest extent practicable
It is not the intent of this policy to require a department, buyer or contractor to take any action that conflicts with local, state or federal requirements or to procure products that do not perform adequately for their intended use, exclude adequate competition, or are not available at a reasonable price in a reasonable period of time. Products that have already been purchased that do not meet these purchasing guidelines should be used until they need to be replaced. New purchases should follow this policy and any exceptions noted.

This policy includes references to the following City and State policies and regulations, which are included as attachments:

A. City Food Ware Ordinance 2045
B. SB 1383 Recovered Organic Waste Procurement and Reporting Regulations (14 CCR Division 7, Chapter 12, Article 12 and Article 13)
C. California Public Contract Code, Sec. 10409
D. Maximum Metal and Pathogen Concentrations for Recovered Mulch or Compost E. Municipal Code on Water Efficient Landscaping (Chapter 8.60) F. Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s Model Water Efficient Landscape Ordinance
G. Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended

2.0 PURPOSE
This Policy is adopted to address the following:

A. Minimize health risks to City staff and residents by:

1. Purchasing products that have fewer toxic chemicals where possible.

B. Minimize the City’s contribution to global climate change by:

1. Purchasing energy from renewable or green sources instead of from fossil fuels.

2. Promoting energy-efficient practices and technologies.

C. Improve air quality by:

1. Purchasing products that contribute to improved indoor air quality.

Item 3A - Page 9
Environmentally Preferable Purchasing Policy – City of Palm Springs

2 2. Implementing practices that reduce generation of harmful particulate matter and emissions of toxic chemicals.

D. Protect the quality of ground and surface waters by:

1. Purchasing products and implementing practices that reduce pollution and conserve water.

E. Minimize the City’s consumption of resources by:

1. Increasing product efficiency and effectiveness, using products that are durable and long- lasting, and reducing materials that are landfilled.

2. Purchasing products that include recycled content.

F. Support emerging and established manufacturers and vendors that reduce environmental and human health impacts in their services and production and distribution systems.

G. Comply with State requirements of SB 1383 procurement regulations (14 CCR Division 7, Chapter 12, Article 12) (Attachment B) to procure a specified amount of Recovered Organic Waste Products that will support Organic Waste disposal reduction targets and markets for products made from recycled and recovered Organic Waste materials, and to purchase Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper.

3.0 SPEC IFICATIONS

3.1 END PRODUCER RESPONSIBILITY AND SOURCE REDUCTION
The City of Palm Springs shall institute practices that reduce waste and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality.

A. The City requires that all printers be set to default to double-sided printing to reduce the purchase of paper. Setting margins to .5 inches on all sides, when appropriate, also helps reduce paper use. Single-sided printing is allowed when necessary.

B. The City shall utilize reusable food ware in its facilities for onsite food consumption and avoid the use of disposable food ware consistent with Ordinance 2045 (Attachment A).

C. Other recommended practices that reduce waste or the need to purchase materials include:

1. Purchase remanufactured products (e.g., for equipment and vehicles) whenever practicable, but without reducing safety, quality, or effectiveness.

2. Select products that are durable, long lasting, reusable, refillable, recyclable or otherwise create less waste shall be selected whenever possible.

3. Select vendors that minimize packaging to the greatest extent practicable and take back and reuse pallets and packaging materials whenever possible.

4. Require suppliers of electronic equipment to take back equipment for reuse or environmentally safe recycling when the City of Palm Springs discards or replaces such equipment, whenever possible.

5. Use rechargeable batteries whenever possible. Properly recycle all batteries.

6. Include longevity of items purchased as part of the evaluation of source reduction.

Item 3A - Page 10
Environmentally Preferable Purchasing Policy – City of Palm Springs

3 7. Follow the City’s Local Preference policy to reduce emissions and environmental impact related to purchases.

3.2 TOXIC CHEMICAL USE REDUCTION
The City strives to reduce exposure to employees and to the general public from toxic chemicals and atmospheric-damaging chemicals.

A. The following foodware items are either prohibited or must be purchased based on the City’s Food Ware Ordinance 2045 (Attachment A):

1. Polystyrene and polystyrene -containing food ware and food ware accessories is prohibited starting January 1, 2022.

2. Plastic straws and stirrers is prohibited starting January 1, 2022. A small number of plastic straws can be maintained to accommodate needs of those persons with disabilities.

3. Any disposable food ware and accessories must be made of fiber -based compostable material starting January 1, 2023. Larger items such as cups, plates, and containers must be certified compostable.

B. The purchase of new pentachlorophenol, arsenic, and creosote treated wood by the City of Palm Springs is prohibited.

C. All cleaning or disi nfecting products (e.g., for janitorial or automotive use) shall be certified to meet environmentally preferable standards, unless no adequate certified alternative products are available. Examples of eligible certified chemical programs include EPA’s Desi gn for the Environment (DfE), EcoLogo, Cradle to Cradle (Sliver or better), and GreenSeal. Both Office Depot and Waxie, where the City purchases most of its cleaning products, carry certified products. Not all materials designated as “Eco -conscious” by Office Depot may qualify. Some examples of certified products available from Office Depot and Waxie are included below:

1. Green Works® Natural Bathroom Cleaner (OD)

2. Purell® Healthcare Surface Disinfectant Spray (OD)

3. RMC Enviro Care Washroom Cleaner - Concentrate Liquid (OD)

4. BETCO Green Earth Restroom Cleaner - Concentrate Liquid (OD)

5. WAXIE-Green Hi-Gloss Floor Finish

6. WAXIE-Green Elegante Foaming Hand Soap
D. When maintaining and refurbishing buildings, the City of Palm Springs shall use products with the lowest amo unt of volatile organic compounds (VOCs) and low or no formaldehyde when purchasing materials such as paint, carpeting, flooring, adhesives, furniture, and casework. The following certification programs help identify low -emitting products: GreenSeal, Green guard, Green Label Plus, and ClearChem. When replacing portions of existing building materials such as carpet and flooring, it is allowable to use non -compliant products when necessary to match existing materials.

Item 3A - Page 11
Environmentally Preferable Purchasing Policy – City of Palm Springs

4 E. The use of chlorofluorocarbon -containing r efrigerants, solvents and other products known to contribute to the depletion of the ozone layer shall be phased out and new purchases shall not contain them.

F. The City shall avoid purchasing products containing brominated flame retardants (BFRs) wherever possible. In particular, the BFRs "penta" and "octa" will be targeted for phaseout.

G. The City shall manage pest problems through prevention and physical, mechanical, and biological controls and use the least amount of toxic chemical pesticide products only after safer approaches or products have been determined to be ineffective.

Additional direction for chemical use in landscaping activities is provided in Section 3.5.

3.3 RECYCLED CONTENT PRODUCTS
The City will strive to purchase products with the highest recycled content to reduce raw material use and to encourage secondary materials markets. This is especially important for organic material such as paper products, plastics, and products made of extracted materials such as metals. Purchasers should review the recycled material content information for advertised products and try to use those products with the highest recycled content.

A. To facilitate use of recycled content paper, copiers and printers purchased shall be compatible with recycled content and remanufactured products whenever possible.

B. The use of recovered organic material such as Recycled Content Paper Products, Recycled - content Printing and Writing Paper, mulch, and compost shall be guided by the policies in Section 4 in accordance with the requirements of the SB 1383 Regulations.

C. The following practices apply to facility and vehicle maintenance activities:

1. In accordance with California Public Contract Code, Sec. 10409, the City of Palm Springs shall purchase re -refined lubricating and industr ial oil for use in its vehicles and other equipment, as long as it is consistent with the engine manufacturer’s warranty and maintenance requirements.

2. When specifying asphalt concrete, aggregate base or portland cement concrete for road construction projects, the City of Palm Springs shall use recycled, reusable or reground materials when practicable, available, and consistent with accepted engineering practices.

3.4 ENERGY AND WATER
The City of Palm Springs prioritizes conservation of energy and water. W e recognize that we live in a unique and fragile environment where water is scarce and energy choices can have significant and lasting impacts.

A. All electronic products purchased by the City of Palm Springs and for which the U.S. EPA Energy Star certification is available shall meet Energy Star certification, when practicable and available.

Item 3A - Page 12
Environmentally Preferable Purchasing Policy – City of Palm Springs

5 B. When energy is purchased by the City or by a Direct Service Provider leasing or occupying City property, the City or Direct Service Provider will choose renewable sources such as solar, wind, geothermal and hydroelectric. To facilitate these purchases, the City or Direct Service Provider shall select a 100% carbon free plan where available.

C. Energy Star and power -saving features for copiers, computers, monitors, printers, and other office equipment shall be enabled during the initial installation and shall remain enabled unless these features conflict with the manufacturer’s recommended operation and maintenance of the equipment or negatively impact performance.

D. When renovations are made in City buildings, existing lighting fixtures should be replaced with low-energy fixtures that use LEDs and natural gas space and water heating equipment should be replaced with electric equipment.

E. The City shall not plant new turf or replace turf in areas in which turf is not required for a specific purpose (e.g., ball fields, dog parks, etc.). The City shall work to prioritize turf conversion efforts and systematically address and convert turf to water-efficient landscape options.

F. When replacing water-using fixtures such as toilets, faucets, irrigation controls, and appliances, the City shall use WaterSense products if they are stricter than Title 20 standards.

G. When replacing vehicles, the City of Palm Springs shall lease or purchase electric vehicles (EVs) where EV models are available that are suitable for each task. If EV models are not available for the task, the City of Palm Springs shall lease or purchase only the most fuel -efficient models available that are suitable for each task and through vehicle -sharing and vehicle-pooling, shall minimize the number of vehicles purchased.

H. To the extent available, the City shall use renewably derived fuels or fuels that are cleaner and less-polluting such as biodiesel, natural gas, hydrogen, and electricity.

3.5 LANDSCAPING
The City will employ landscaping practices consistent with integrated pest management practices, toxic use reduction efforts, water efficiency priorities, and requirements fo r reduction and proper management of organic waste.

A. When maintaining landscapes, the City of Palm Springs shall not use products containing glyphosate (such as Roundup®).

B. Plants should be selected to minimize waste by choosing species for purchase that a re appropriate to the microclimate, species that can grow to their natural size in the space allotted them, and perennials rather than annuals. Native and drought -tolerant plants that require minimal watering once established are preferred.

C. Hardscapes and landscape structures constructed of recycled content materials are encouraged.

D. The use of recovered organic material such as paper, paper products, mulch, and compost shall be guided by the policies in Section 4 in accordance with the requirements of the SB 1383 Regulations.

Item 3A - Page 13
Environmentally Preferable Purchasing Policy – City of Palm Springs

6 E. For City -owned and for contracted maintenance services, landscaping power tools shall be electric and constructed with reusable or recyclable materials whenever possible.

3.6 APPAREL AND OTHER FABRIC GOODS
The City will prioritize the purchase of sustainably and responsibly produced apparel and other fabric goods (e.g. tents, backpacks, totes, towels, etc.)
A. Purchase apparel and fabric goods from manufacturers that use recycled, upcycled, and/or organic content in their products, when possible.

B. Purchase natural fibers such as organically produced hemp and linen, which grow with very little water and no petrochemical inputs, when possible.

C. Prioritize organic cotton and/or recycled cotton.

4.0 SB 1383 PROCUREMENT REQUIREMENTS FOR RECYCLED CONTENT PAPER AND

RECOVERED ORGANIC WASTE PRODUCTS
The City will purchase recovered organic waste products consistent with the requirements of the SB 1383 Regulations as outlined in this section.

4.1 PROCUREMENT TARGE T FOR RECOVERED ORGANIC WASTE PRODUCTS A. The City of Palm Springs will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds an Annual Recovered Organic Waste Product Procurement Target, which will be calcu lated by multiplying the City’s population (according to the most recent data posted by the Department of Finance) by .08 tons.

B. To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria in their respective definitions included in the SB 1383 Regulations):
a. Compost
b. Mulch
c. Renewable Gas (in the form of transportation fuel, electricity, or heat) d. Electricity Procured from Biomass Conversion

4.2 REQUIREMENTS FOR RECOVERED ORGANIC WASTE PRODUCTS
A. Divisions and departments and any Direct Service Providers responsible for landscaping maintenance, renovation, or construction that purchase Mulch or Compost shall:

1. Use Compost and Mulch that sat isfies the Recovered Organic Waste Procurement Targets of SB 1383 Regulations (14 CCR 18993.1) for landscaping maintenance, renovation, or construction, as practicable, whenever available. Mulch used for land Item 3A - Page 14
Environmentally Preferable Purchasing Policy – City of Palm Springs

7 application must meet or exceed the physical co ntamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). The supplier should verify that materials meet these requirements.

2. When using Compost and Mulch, the applications are subj ect to Chapter 8.60 (Water Efficient Landscaping) of the Municipal Code; Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State’s Model Water Efficient Landscape Ordinance; or Title 23, Division 2, Chapter

2.7 of the CCR, as amended September 15, 2015 ; whichever is more stringent. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Office of Sustainability, upon completion of project. Records shall include:
i. General procurement records, including:

1. General description of how and where the product was used and applied, if applicable;

2. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured;

3. Type of product;

4. Quantity of each product; and,

5. Invoice or other record demonstrating purchase or procurement. ii. For Compost and Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and provided to residents.

B. When Procurement of Mulch or Compost occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order that requires the Direct Service Provider to comply with the SB 1383 requirements.

C. Should the City decide to pursue purchase of other recovered organic waste material such as Renewable Gas or elect ricity from biomass conversion, this policy will be updated with appropriate purchasing and recordkeeping requirements.

4.3 REQUIREMENTS FOR PURCHASE OF RECYCLED CONTENT PAPER PRODUCTS

AND RECYCLED CONTENT PRINTING AND WRITING PAPER
A. If fitness, quality, and price of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper are equal to that of non -recycled items, all departments and divisions shall purchase Recycled-Content Paper Products and Recycled -Content Printing and Writing Pap er that consist of at least thirty percent (30%), by fiber weight, postconsumer fiber whenever the total cost is no more than one hundred and twenty percent (120%) of the total cost for the non - recycled items. (This requirement is consistent with the requi rements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended.) Item 3A - Page 15
Environmentally Preferable Purchasing Policy – City of Palm Springs

8 B. All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an Unqualified Recyclable label.

C. Departments responsible for purchasing items included in this section shall maintain and provide on request records to the Office of Sustainability of all Paper Products and Printing and Writing Paper purchases. Records shall include a copy of the invoice or other documentation of purchase, certifications as required for recycled -content purchases, vendor name, purchaser name, quantity purchased, date purchased, and percentage of recycled content. If non - Recycled-Content Paper Products and/or non-Recycled-Content Printing and Writing Paper are purchased, include a description of why Recycled -Content Paper Products and/or Recycled - Content Printing and Writing Paper were not purchased.

D. All vendors that provide Paper Products (including janitorial Paper Products) and Printing and Writing Paper to the City shall:

1. Provide Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber.

2. Only provide Paper Products and Printing and Writing P apers that have an Unqualified Recyclable label.

3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City.

This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.

4. Certify in writing, under penalty of p erjury, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an Unqualified Recyclable label.

5. Provide records to the Office of Sustainability of all Paper Products and Printing and Writing Paper purchased from the vendor on a schedule to be determined by the Office of Sustainability made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Sections 4.3.C for Paper Products and Printing and Writing Paper purchases.

E. All vendors providing printing services to the City of Palm Springs via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209.

5.0 IMPLEMENTATION
A. This policy shall go into effect July 1, 2023, unless otherwise noted for specific provisions.

B. If not documented automatically through vendor systems, Buyers must maintain records and make them available on request to the Office of Sustainability. Records include those associated with Section 4 of this Policy, including the following:

Item 3A - Page 16
Environmentally Preferable Purchasing Policy – City of Palm Springs

9 1. Organized copies of invoices or receipts (paper or electronic) or other proof of purchase that describe the procurement of Printing and Writing Paper and Paper Products, including the volume and type of all paper purch ases; and, copies of certifications and other required verifications from all departments and/or divisions procuring Paper Products and Printing and Writing Paper (whether or not they contain recycled content) and/or from the vendors providing Printing and Writing Paper and Paper Products. These records must be kept as part of City’s documentation of its compliance with ASB 1383 Procurement Requirements (14 CCR Section 18993.3).

2. Collect and collate copies of invoices or receipts or documentation evidencing procurement from all departments and divisions procuring Recovered Organic Waste Products and invoices or similar records from vendors/contractors/others procuring Recovered Organic Waste Products on behalf of the City to develop evidence of the City meeting its Annual Recovered Organic Waste Product Procurement Target. These records must be kept as part of the City’s documentation of its compliance with SB 1383 Procurement Requirements (14 CCR Section 18993.1).

C. The Office of Sustainability will work with the Procurement Manager and Buyers to collect, collate, and maintain documentation submitted by the City purchasers, Direct Service Providers, and/or vendors, as described in Section 4 and compile an annual report on behalf of the City.

The report shall include the City’s direct procurement, and vendor/other procurement on behalf of the City, of procurement of Recovered Organic Waste Products, Recycled -Content Paper Products, and Recycled-Content Printing and Writing Paper, consistent with the recordkeeping requirements contained in 14 CCR Section 18993.2 for the Annual Recovered Organic Waste Product Procurement Target and 14 CCR Section 18993.4 for procurement of Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper. This report shall be submitted to CalRecycle (which will include a description of compliance on many other SB 1383 regulatory requirements) pursuant to State requirements (14 CCR Division 7, Chapter 12, Article 13) (Attachment B). The report shall be published annually as evidence of implementing this Policy.

D. The Office of Sustainability shall advise the Procurement Manager regarding environmentally preferable products that comply with this policy. Recommendations will include input of applicable environmental staff. Whenever possible, the City will use existing eco -labels and standards to make purchasing decisions.

E. Any Buyer seeking to purchase products that do not meet the environmentally preferable purchasing requirements in this Policy shall pr ovide a written justification to the Procurement Manager and the Office of Sustainability for why compliance is not practicable, (e.g., the product is not technically practical, economically feasible, or available within the timeframe required).

The City Manager or designee shall be the authority to approve all contracts that do not require City Council authority.

F. The Department of Information Technology shall be responsible for setting duplexing as the default on each workstation for all capable printers. This includes printing from network connected or stand-alone personal computer printers that are capable of duplexing.

Item 3A - Page 17
Environmentally Preferable Purchasing Policy – City of Palm Springs

10 G. Relevant training for Buyers and other relevant city staff, vendors, contractors, and grantees shall include instruction on the requirements of this Environmentally Preferable Purchasing Policy.

6.0 PROGRAM EVALUATION
The Office of Sustainability shall work with the Procurement Manager to evaluate the success of this Policy’s implementation by providing an annual report to the Cit y Manager. In particular, the report shall identify successes such as the following:
x Quantity of Recovered Organic Materials purchased to meet SB 1383 Procurement Targets x Percentage of paper and paper products purchase that meet the 30% recycled content requirement
x Percentage of cleaning supplies that meet the policy requirements x Percentage of electronics purchases that meet Energy Star standards x Justifications for purchases that did not meet requirements or standards x Percentage of gas-powered vehicles replaced by EVs.

The report shall relate progress in meeting the goals and objectives of this Policy and note any barriers encountered, recommendations for resolution, and/or description of assistance needed to continuously improve staff’s ability to meet t his Policy’s objectives for the procurement of environmentally preferable products and services.

Item 3A - Page 18

ATTACHMENT B

Item 3A - Page 19
Item 3A - Page 20
Thursday, March 10, 2022
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
Pursuant to Assembly Bill 361 this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER:

A Regular Meeting of the Palm Springs City Council was called to order by Mayor Middleton on Thursday, March 10, 2022, at 5:45 p.m.

PLEDGE OF ALLEGIANCE:

Mayor Middleton led the Pledge of Allegiance.

ROLL CALL:

Present:

Absent:

City Staff

Present:

Councilmembers, Geoff Kors, Dennis Woods; Mayor Pro Tern Grace Elena Garner; and Mayor Lisa Middleton
Christy Holstege
Justin Clifton, City Manager; Teresa Gallavan, Assistant City Manager, Jeffrey Ballinger, City Attorney; and Monique Lomeli, Interim City Clerk, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes.

PRESENTATIONS:
• PRESENTATION OF A COVID-19 CASE AND WATER TESTING UPDATE (Emergency Management Coordinator Daniel DeSelms)
• PRESENTATION OF ACRISURE ARENA (Arturo Aviles, Community Engagement Manager for Acrisure Arena)
ACCEPTANCE OF THE AGENDA:

By Consensus the City Council voted to remove Consent Calendar Item No. IG for separate discussion and to delete Item Nos. IB and IE from the agenda.

REPORT OF CLOSED SESSION:

The Regular Closed Session of the City Council of March 10, 2022, was called to order by Mayor Middleton at 3:30 p.m., with all members present.

Item 3A - Page 21
City Council Minutes March 10, 2022
The meeting convened into Closed Session to discuss the following items as listed on the Regular Closed Session Meeting Agenda:

CONFERENCE WITH LEGAL COUNSEL - MA TIERS CREATING SIGNIFICANT EXPOSURE TO LITIGATION, Pursuant to Government Code Section 54956.9(d)(2):

Three (3) matters that, under the existing circumstances, the City Attorney believes creates significant exposure to litigation.

CONFERENCE WITH LEGAL COUNSEL - DISCUSSION TO CONSIDER INITIATION OF LITIGATION, Pursuant to Government Code Section 54956.9(d)(4):

Under existing facts and circumstances, there are six (6) matters the City Council has decided or may decide to initiate litigation.

CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:

City Negotiators:

Employee Organization:

Justin Clifton, City Manager
Jeremy Hammond, Human Resources Director
Stephanie George, Human Resources Director
Andrew Mills, Chief of Police
Peter Brown, Legal Counsel
Palm Springs Police Officers Association (PSPOA)
Palm Springs Police Management Association (PSPMA)
City Attorney Ballinger reported that the City Council received briefings and provided direction to staff regarding the agenized Closed Session Items but did not take any reportable action.

PUBLIC TESTIMONY:

Erick England
Michael Roberts
AftabDada
Kathy Wormack
Brady Moore
Bruce Bower

CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND REPORTS: Mayor Pro Tern Gamer gave update on Navigation Center Meeting. Councilmember Kors and Mayor Middleton were at the Palm Springs Hospitality Monthly Board Member meeting update. Update for Visitor Center five-year plan. Update on Monopoly game in Palm Springs for visitors. Mayor Middleton updates on Riverside County Transportation Commission Meeting rail service to Coachella Valley. Mayor Middleton and Councilmember Woods participated in PS One. Mayor Middleton updates on AB43 for the City of Palm Springs. Mayor Middleton represented the City of Palm Springs -Recognized as a Hunger Hero from FIND Food Bank.

City of Palm Springs Page2
Item 3A - Page 22
City Council Minutes March I 0, 2022

1. CONSENT CALENDAR:

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to approve the consent calendar, with the removal of Item No. IG for separate discussion and the deletion ofitem Nos. IB and IE.

A. FINDINGS TO CONDUCT CITY COUNCIL AND BOARD, COMMISSION, AND COMMITTEE MEETINGS VIRTUALLY UNDER ASSEMBLY BILL 361

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to find that the City Council has considered the circumstances of the state of emergency during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing, and as a result, the Palm Springs City Council and all of Palm Springs Board, Commission, and Committee meetings will be held by videoconference, in accordance with AB 361.

B. AUTHORIZE THE PURCHASE OF ONE (1) SHADE STRUCTURE FROM SHADE STRUCTURES INC., A TEXAS CORPORATION, IN THE AMOUNT OF $17,713.37 FOR THE DESERT HIGHLAND PARK SHADE STRUCTURE PROJECT, CITY PROJECT NO. 21-22
This item was deleted from the agenda.

C. AUTHORIZE THE CITY OF PALM SPRINGS TO APPLY FOR "BUILDING FORWARD: LIBRARY INFRASTRUCTURE" GRANT FUNDING

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

I. Authorize Staff to apply for "Building Forward: Library Infrastructure" grant funding in an amount not-to-exceed $10 million.

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

D. REDISTRICTING 2021: SECOND READING AND ADOPTION OF ORDINANCE NO. 2060 AMENDING PALM SPRINGS MUNICIPAL CODE SECTION

2.02.005(B) REGARDING BY-DISTRICT ELECTIONS, ADJUSTING THE

BOUNDARIES OF CITY COUNCIL ELECTION DISTRICTS, AND

CONFIRMING SUCH REVISED COUNCIL DISTRICTS BOUNDARIES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

I. Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 2060 entitled, "AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE SECTION 2.02.00S(B) REGARDING BY-DISTRICT City of Palm Springs Page 3
Item 3A - Page 23
City Council Minutes March 10, 2022

ELECTIONS, ADJUSTING THE BOUNDARIES OF CITY COUNCIL ELECTION

DISTRICTS, AND CONFIRMING SUCH REVISED COUNCIL DISTRICT BOUNDARIES, AS REFLECTED IN THE MAP OPTION L."
E. AUTHORIZE THE PURCHASE OF THREE (3) SHADE STRUCTURES FROM SHADE STRUCTURE INC., A TEXAS CORPORATION, IN THE AMOUNT OF $104,790.83 FOR THE SWIM CENTER SHADE STRUCTURES, CITY PROJECT NO.21-32
This item was deleted from the agenda.

F. APPROVAL OF PAYROLL WARRANTS, CLAIMS, AND DEMANDS

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

1. Adopt Resolution No. 24993 entitled, "A RESOULTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS/ DISBURSMENTS FOR THE PERIOD ENDING 12-25-· 21 AND 01-08-22 TOTALING $3,884,139.76 AND ACCOUNTS PAYABLE WARRANTS DATED 12-16-21, 12-22-21 AND 01-06-22 TOTALING . $4,246,270.64, IN THE AGGREGATE AMOUNT OF $8,130,410.40, DRAWN ON BANK OF AMERICA."
G. CITY OF PALM SPRINGS ENVIRONMENTALLY PREFERABLE

PURCHASING POLICY

MOTION BY COUNCILMEMBER KORS, SECOND BY COUNCILMEMBER
WOODS, CARRIED 5-0, to:

1. Adopt Resolution No. 24994 entitled, "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE
ENVIRONMENALL Y PREFERABLE PURCHASING POLICY."
H. APPROVE EXPENDITURE OF PUBLIC ARTS FUNDS IN THE AMOUNT OF $2,300 FOR OUTREACH AND EDUCATION SUPPLIES AND MATERIALS, AND

ARTIST DEMONSTRATION FEES

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to approve $2,300 of Public Arts Funds to purchase materials and supplies related to public arts community outreach and education.

I. APPROVAL OF AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-22

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT):

I. Adopt Resolution No. 24995 entitled, "A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT City of Palm Springs Page4
Item 3A - Page 24
City Council Minutes March 10, 2022
NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN FOR FISCAL YEAR 2021-2022, ADOPTED BY RESOLUTION NO. 24912."

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

J. APPROVE A ONE-YEAR AGREEMENT WITH VESTED SOLUTIONS, LLC, (A9010) FOR JANITORIAL SERVICES AT THE PALM SPRINGS

INTERNATIONAL AIRPORT

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER KORS, CARRIED 4-0 (HOLSTEGE ABSENT), to:

1. Approve Contract Service Agreement A9010 with Vested solutions, LLC to provide janitorial services at the Palm springs International Airport for a one-year term in an amount not to exceed $257,001.52, beginning April 1, 2022, and ending March 31, 2023, with two one-year extension options at the City's sole discretion.

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

2. PUBLIC HEARINGS:

A. INTRODUCE AND WAIVE FURTHER READING OF ORD INA CE REQUEST BY

MODLIN HOMES, LLC, FOR A CHANGE OF ZONE FROM RMHP
(RESIDENTIAL MOBIL HOME PARK) TO R-1-C, (SINGLE-FAMILY
RESIDENTIAL); OF AN UNDEVELOPED 1.35-ACRE PARCEL LOCATED AT

THE NORTHWEST CORNER OF SUNNY DUNES AND SUNRISE WAY, ZONE RMHP; (CASE NO. 5.1517-CZ)

MOTION BY COUNCILMEMBER KORS, SECOND BY MAYOR MIDDLETON, CARRIED 4-0 (HOLSTEGE ABSENT), to introduce Ordinance No. 2061 entitled, "AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS

ADOPTING A CATEGORICAL EXEMPTION AND APPROVING A CHANGE OF

ZONE APPLICATION FROM RMHP (RESIDENTIAL MOBIL HOME PARK) TOR- 1-C (SINGLE-FAMILY RESIDENTIAL) FOR AN UNDEVELOPED 1.35-ACRE PARCEL (APN: 508-240-020) LOCATED AT THE NORTHWEST CORNER OF SUNNY DUNES AND SOUTH SUNRISE WAY, SECTION 23."
B. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2022-2023 ANNUAL

ACTION PLAN AND BUDGET PUBLIC HEARING

MOTION BY MAYOR PRO TEM GARNER, SECOND BY COUNCILMEMBER WOODS, CARRIED 4-0 (HOLSTEGE ABSENT), to

1. Open the public hearing and receive public testimony.

2. Review the draft 2022-2023 CDBG Budget and Annual Action Plan and provide direction to Staff.

3. Schedule a Public Hearing for April 21, 2022, to approve and adopt the 2022-2023 City of Palm Springs Page 5
Item 3A - Page 25
City Council Mi nutes March 10, 2022
CDB G Budget and Annual Act ion Plan.

3. BUSINESS & LEGISLATIVE :

A. DISCUSSION AND DIRECTION REGARDING PACASO AND SIMILAR

OPERA TIO NS WITHI THE CITY OF PALM SPRINGS
The C ity Co uncil (Mayor Pro Tern Ga rner abs tained) provided direction to staff as appropr iate.

B. DISCUSSION OF VACA TIO RE TAL STUDY SESSIO
The City Council (Counc ilmember Woods abstained) provided directio n to staff as appropria te.

C. 2007 GENERAL PLA LIMITED UPDATE - REVI EW REVISIONS TO THE

GE ERAL PLAN VISIO ST A TEME T AND PRIORITES
The City Counci l provided direction to staff as approp riate.

PUBLIC TESTIMONY (Non-Age nda Items):

Unab le to reac h the speaker

CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGE DA DEVELOPME T:

City Manager Clifto n discu ssed the tentat ive upcoming meet ing sche dule.

Mayo r Pro Tern Garne r speak s on upcoming presentat ion from the intern on stud ents in the communit y.

Mayor Middleton speaks on internship program s.

ADJOURNME T:

The City Counc il adjo urned at 9:26 p.m.

Respectfull y submitted ,
111~~
Brenda Pree, MMC, CERA
City Clerk
APPROVE D BY CITY COUNCIL: 11/28/2022
City of Palm Springs Page 6

ATTACHMENT C

Item 3A - Page 26

SUSTAINABILITY COMMISSION - REGULAR MEETING MINUTES
Tuesday, June 28, 2022
Pursuant to Assembly Bill 361, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER: Chair Barrett called the meeting to order at 5:30 p.m.

ROLL CALL: A quorum was present for this Regular Meeting of the City of Palm Springs Sustainability Commission.

Present FY 2021/2022 FY 2021/2022
This Meeting to Date Excused Absences Unexcused Absences Don Barrett, Chair X 12
Randy Evans, Vice Chair X 10 2
Carl Baker X 40 1
Roy Clark X 65
David Freedman X 75
Jennifer Futterman A 49 4 2
Jake Torrens X 11 3

X = Present E = Excused (notified Chair and Staff of absence) L = Late U = Unexcused (did not notify of absence)

REPORT OF POSTING OF AGENDA: The Agenda was available for public access at the City Hall exterior bulletin board (west side of the Council Chambers) by 5:30 PM Thursday, June 23, 2022 and posted on the CLW\¶V ZHbVLWH as required by established policies and procedures.

CITY STAFF PRESENT: Flinn Fagg, Deputy City Manager and Tracy Sheldon, Interim Director, Office of Sustainability

ACEPTANCE OF THE AGENDA: Chair Barrett asked if there were any objections to the agenda for the June 28, 2022 meeting. There were no objections, and the agenda was declared accepted.

GUESTS PRESENT: Vic Yepello, Dorian Whitney, Bernard Rottner, Tammy Seale, Eli Krispi, R. Engel, and Kim Floyd.

PUBLIC COMMENTS
x Vic Yepello expressed his supp ort to Commissioner Torrens and the Non -motorized Transportation AGYRFaF\ GURXS PHPbHUV. MU. YHSHOOR VWaWHG WKH JURXS¶V JRaO LV WR PaNH UHFRPPHQGaWLRQV WR WKH CLW\ to provide safe and connected means to get around and access Downtown Palm Springs. Mr. Yep ello expressed a vision to create and provide equal access to roads for both drivers and pedestrians. x Mr. Yepello made the following suggestions:
o Improve cycling and walking infrastructure to provide safer routes so persons can choose walking and cycling over driving their motorized vehicles.
o Create a network with multi-modal lanes that include sidewalks that will encourage people to use their bikes, neighborhood electric vehicles and walking for transportation. o Provide a unique path design on Indian Canyon and Palm Canyon to move people, cyclists, etc. along with a pedestrian promenade.
o Provide free parking and service shuttles to move visitors to merchant and restaurant areas from parking areas.
x Dorian Whitney, a 16 -year resident, expressed his concern with the current climate emergency. Mr.

Whitney stated the lack of public transportation is what is keeping Palm Springs pedestrians from thriving.

Item 3A - Page 27
Sustainability Commission Regular Meeting Minutes
June 28, 2022, 5:30 p.m. - Page 2

STAFF COMMENTS
x Deputy City Manager Fagg shared that a candidate has been selected for the Sustainability Director position and that a press release will be shared within the next few days. x Deputy City Manager Fagg stated that Commissioners Freedman and Futterman may continue to attend the July meetin g and it is anticipated that City Council will appoint new commissioners in September 2022. Deputy City Manager Fagg stated it is anticipated that the Sustainability Commission size will be 5-7 members and will be decided by City Council.

CHAIR¶S REPORT
x Chair BarretW SURYLGHG aQ XSGaWH RQ WKH IROORZLQJ LQ KLV CKaLU¶V UHSRUW:
x Challenges to Boards and Commissions (update):
o The Special Joint Meeting of the City Council, Boards, Commissions and Committees meeting was held on June 21, 2022 at the Convention Ce nter, and was attended by Chair Barrett and Commissioners Baker, Clark and Freedman. The meeting consisted of a two-hour study session ZLWK WKH CLW\ CRXQFLO GHVFULbLQJ HaFK RI WKH CRPPLVVLRQHU¶V UROHV aQG WKHLU H[SHFWHG IXWXUH challenges.
x Status of Commissioner Appointments/Continuation of Termed-Out:
o There is concern about the number of Commissioners on the Standing Subcommittee on Waste Reduction (SSCoWR ). This topic will be addressed at the next Sustainability Commission meeting on July 19, 2022.
o Public Records Policy Presentation: A Public Records Policy presentation will be held off until new Commissioners are appointed.
x Residential Energy Efficiency Rebate/Scholarship Program ± July/September:
o The Residential Energy Efficiency Scholarships are on hold due to budget related issues. (Note:

This item was included in the FY 2022/23 budget request which is anticipated to be approved by City Council on June 30, 2022.)
x Smoking Ordinance Status:
o The Smoking Ordinance was passed by the Sustainability Committee in November 2021. Due to extensive revisions suggested by the American Lung Association, an updated draft was reviewed by Chair Barrett and Commiss ioners Baker and Clark. All agreed there is no need for the Commission to re -review the changes made by the American Lung Association. Chair Barrett asked Deputy City Manager Fagg to provide to the appropriate City Departments for final review before being forwarded to City Council.
x Palm Springs Safety Element Update ± Policy Review:
o Chair Barrett stated himself, Commissioners Clark and Freedman reviewed a document matrix provided by PlaceWorks to provide feedback on the current General Plan Safety Element goals and policies which was provided to Assistant Director of Planning David Newell on June 22, 2022. x Requests for presentations (Bird, Getaround, EV Energy Group):
o Chair Barrett shared that the Commission regularly receives requests to provide present ations from businesses such as Bird, Getaround and EV Energy Group. There is an outstanding request by EV Energy Group to provide charging sites for EVs. We will present this topic when there is more room on the agenda as currently there is not.
x Commission Leave(s):
o Chair Barrett stated he will address the leave of one Commissioner and the term end of two Commissioners at the end of this meeting.

A. PRESENTATIONS ± Safety Element Update ± Vulnerability Assessment Report by PlaceWorks x Eli Krispi and Tammy Seale of PlaceWorks provided a presentation on the Safety Element Update ± Vulnerability Assessment Report.
x Commissioner Freedman inquired how the Sa fety Element Update ± Vulnerability Assessment Report ILWV LQ ZLWK WKH XSGaWH WR WKH CLW\¶V OLPLWHG XSGaWHG WR WKH GHQHUaO POaQ. DHSXW\ CLW\ MaQaJHU FaJJ VWaWHG the update to the General Plan will include the safety element, land use element, circulation element and housing element. Deputy City Manager Fagg shared the draft housing element has been submitted to WKH SWaWH IRU UHYLHZ. OQFH WKH SWaWH¶V FRPPHQWV aUH LQFRUSRUaWHG, LW ZLOO JR IRUZaUG IRU UHYLHZ b\ WKH Planning Commission and then to City Council this Fall.

Item 3A - Page 28
Sustainability Commission Regular Meeting Minutes
June 28, 2022, 5:30 p.m. - Page 3

B. APPROVAL OF MEETING MINUTES
x Chair Barrett inquired if there were any objections to the meeting minutes for the Regular May 17, 2022 meeting minutes. There were no objections, and the meeting minutes were accepted unanimously.

C. OLD BUSINESS - NONE

D. NEW BUSINESS

1. Environmentally Preferable Purchasing Policy (EPPP) ± Chair Barrett reported x Chair Barrett reported the EPPP was submitted to City Council in March 2022 and was referred back to the Commission for review in April 2022. To conform to the Brown Act, an Ad Hoc Subcommittee was created to review the policy consisting of Chair Barrett and Commissioners Clark, Evans and Freedman. (Commissioner Freedman opted to remove himself from the Ad Hoc Committee as a result of Commissioner Ocanas resignation from the Commission.) Suggested changes to the EPPP by the Subcommittee begin at the end of Section 3.1 and continue through the rest of the document. Some of the revisions included are:
o Include longevity of items purchased as part of the evaluation of source reduction. o Include a "buy local" component when feasible as part of source reduction. o When energy is purchased by the City or by a Direct Service Provider leasing or occupying City property, the City or Direct Service Provider, will choose renewable sources such as solar, wind, geothermal and hydroelectric. To facilitate these purchases, the City or Direct Service Provider shall select a 100% carbon free plan where available. o When renovations are made in City buildings, existing lighting fixtures should be replaced with low-HQHUJ\ IL[WXUHV WKaW XVH LED¶V aQG QaWXUaO JaV aQG ZaWHU KHaWLQJ HTXLSPHQW should be replaced with electric equipment.
o When replacing vehicles, th e City of Palm Springs shall lease or purchase electric YHKLFOHV (EV¶V) ZKHUH EV PRGHOV aUH aYaLOabOH WKaW aUH VXLWabOH IRU HaFK WaVN. II EV models are not available for the task, the City of Palm Springs shall lease or purchase only the most fuel-efficient models available that are suitable for each task and through vehicle-sharing and vehicle-carpooling, shall minimize the number of vehicles purchased. o For City-owned and for contracted maintenance services, landscaping power tools shall be electric and constructed with reusable or recyclable materials whenever possible. o The City will prioritize the purchase of sustainably and responsibly produced apparel and other fabric goods (e.g. tents, backpacks, totes, towels, etc.) o The proposed revisions are incl uded in the posted agenda packet which is available to the public on the Cit\¶s website.
x Commissioner Torrens requested more time to review the EPPP before the Commission voted to forward to the appropriate City departments before returning to the City Co uncil for review and approval. A vote on the EPPP will be held on the July 19, 2022 Sustainability Commission meeting to provide additional time for review.

2. Existing Home Energy Efficiency Ordinance ± Commissioner Freedman reported x Commissioner Freedman p resented an amended draft of the existing Home Energy Efficiency Ordinance. The draft ordinance is part of the California Energy Code which Commissioner Freedman has been working on for the past two years. It is based on a model ordinance developed by the Statewide codes and standards programs under the CPUC. It will enter into effect in January 2023 by requiring homeowners doing remodels to carry out cost effective energy efficiency upgrades. The Home Energy Efficiency Ordinance, embedded in Title 8 of th e Municipal Code and adopted by the City Council, will require review by the Building Department. This ordinance is included under the City CRXQFLO PULRULW\ ³EQYLURQPHQWaO SWHZaUGVKLS (2A) LQ WKH FY 2021/22 SWUaWHJLF POaQ GLVFXVVHG aW WKH Council meeting of February 22, 2022.
x A Motion was made by Chair Barrett and seconded by Vice Chair Evans to approve the draft E[isting Energ\ Efficienc\ Ordinance and recommend it¶s adoption b\ Cit\ Council. The Motion passed 6-0 with Baker, Barrett, Clark, Evans, Freedman and Torrens Zith ³\es´ votes, and Commissioner Futterman absent.

3. Renewable Energy Ordinance ± Commissioner Freedman reported Item 3A - Page 29
Sustainability Commission Regular Meeting Minutes
June 28, 2022, 5:30 p.m. - Page 4
x Commissioner Freedman presented the draft Renewable Energy Ordinance. This draft ordinance follows a request by the Planning Com mission at its July 14, 2021, meeting in response to large cannabis cultivation facilities and a desire to address energy demands of large facilities and require sustainable practices related to energy and water usage. An earlier draft of the ordinance was presented to the Planning Commission at a study session held on September 1, 2021. This ordinance LV LQFOXGHG XQGHU WKH CLW\ CRXQFLO PULRULW\ ³EQYLURQPHQWaO SWHZaUGVKLS (2A) LQ WKH FY 2021/22 Strategic Plan discussed at the Council meeting of February 22, 2022. x A Motion was made by Commissioner Freedman and seconded by Vice Chair Evans to approve the draft ReneZable Energ\ Ordinance and recommend it¶s adoption b\ Cit\ Council.

The Motion passed 6 -0 with Baker, Barret, Clark, Evans, Freedman and Torrens wit h ³\es´ votes, and Commissioner Futterman absent.

4. Day and Time for July Commission Meeting ± Char Barrett reported x Chair Barrett stated there is a recommendation to change the date of the July Sustainability Commission meeting to confirm a quorum as Vice Chair Evans is unable to attend on July 19, 2022.

The remaining Commissioners confirmed their availability on July 19, 2022 and the meeting date will not change.

E. SUBCOMMITTEE AND COMMISSIONER REPORTS

1. Standing Subcommittee on Waste Reduction ± Chair Barrett reported x Chair Barrett stated he would like to see future Standing Subcommittee on Waste Reduction (SSCoWR) reports shortened. Chair Barrett requested an update be provided on the Franchise Agreement with Palm Springs Disposal Services (PSDS). Interim Director Sheldon stated the proposed rates will be presented to City Council for approval on June 30, 2022 and that the public hearing and proposed approval of the updated Franchise Agreement is scheduled for September 1, 2022.
x Chair Barrett stated there are details to figure out with Burrtec in regard to composting. x Chair Barrett stated there are issues with reporting and working with the school district with the implementation of SB 1383. The issue is there are 28 school sites located within Palm Springs Unified School District (PSUSD) and whether the City of Palm Springs is responsible for the outreach and education to each school site, including those located within other Coachella Valley cities, for SB1383.

Interim Director Sheldon responded that CalRecycle has stated that the City of Palm Springs is responsible for providing the outreach and education to all of the school sites within PSUSD. At this time, work has not begun on this task due to staffing.
x Chair Barrett requested an update on acceptable compostable materials at the Burrtec facilities.

Interim Director Sheldon shared that PSDS advised fiber based compostables, i.e., clamshell food containers, will be accepted by Burrtec at their two f acilities in the Coachella Valley. Sheldon stated the Burrtec facilities are not set up to process bioplastics such as compostable forks, spoons and NQLYHV aQG WKRVH W\SH RI FRPSRVWabOH bLRSOaVWLFV, aOVR NQRZQ aV PLA¶V, ZLOO bH URXWHG WR OaQGILOO. x Commissioner Torrens inquired about the status of outreach with Desert Compost. Commissioner Torrens also inquired about composting at the airport and the availability of the site located at Civic Dr. and Alejo Rd. Interim Director Sheldon responded that the FAA r ejected the request to use the site at Civic Dr. and Alejo Rd., based on only allowing aeronautical activities on airport parcels.

Sheldon also confirmed that PSDS does provide organics collection from the food vendors located at Palm Springs International Airport.

2. Ad Hoc Subcommittee on Strategic Planning and General Plan Update ± No update.

3. Solar and Green Building ± Commissioner Freedman reported x Commissioner Freedman reported the Governor approved $1.2 billion dollars for the California Arrearage Payme nt Program (CAPP) to help address unpaid residential utility balances incurred during the COVID pandemic. The relief period extends to December 31, 2022 and it is applicable to eligible DCE and SCE customers.
x Commissioner Freedman reported the Governor also approved $19.3 billion for the Climate Energy Package over the next few years with details to be determined in the future legislation. x CRPPLVVLRQHU FUHHGPaQ aOVR VKaUHG WKH CPUC¶V FRPPHQWV RQ WKH VROaU SURFHHGLQJ aUH GXH WKLV week. The discXVVLRQ LQFOXGHV YaULRXV Za\V WR PaLQWaLQ JURZWK LQ WKH SWaWH¶V GLVWULbXWHG VROaU HQHUJ\ production while reducing the generation credits solar customers receive.

Item 3A - Page 30
Sustainability Commission Regular Meeting Minutes
June 28, 2022, 5:30 p.m. - Page 5

4. World Environment Day ± No update.
x Chair Barrett shared Commissioner Futterman will provide a presentation on the art contest at the July Sustainability Commission Meeting.

5. Bicycle Routes and Cycling ± Commissioner Torrens reported x Commissioner Torrens provided the following updates to his written report:
x The key element of the bike/mobility group is to bring increased mobility options to Palm Springs residents with the following four (4) key perspectives being identified:
o 1) How can we form a strategy from the perspective of what our community is thinking about its choices for mobility?
o 2) How can we use that to reinforce a strategy around safety? o 3) How can we improve safety from road diets?
o 4) How can we connect it to our overall climate action strategy plan that this Commission is going to recommend to the City Council to support when it's addressing the emissions that are related to the transportation sector of our community? x Commissioner Torrens requested the Commissioners review the survey, take the survey and provide feedback and consider the following questions while taking the survey:
o Does the survey ask the appropriate questions?
o Is there any contentious language?
o Does it feel misleading?
o Do you feel the survey will obtain the information needed to create an outreach strategy? o What are the education goals?
o How do we inform the community about safety? If safety is not a concern to community members, why are they choosing their mobility choice?
o Does the survey address the impact of using motor vehicles as a mobility choice? o The purpose of this gro up is less about bikes and more about mobility choices, which is the primary purpose of the survey. What choices do you make about getting around in our community?
x Commissioner Torrens shared the data collected from a community survey will aid in developin g education and safety mobility planning for Palm Springs. Additionally, there is a need to create Class 1 bike lanes for safety.
x Vice Chair Evans inquired how the survey will be distributed to the community. Deputy City Manager Fagg stated the Office of Sustainability will administer the survey based on outreach to community groups, email lists and working with the Office of Communications to distribute to the public.

6. Water Conservation ± Commissioner Freedman reported
x Commissioner Freedman reported the Desert Water Agency (DWA) Board of Directors met on Tuesday, June 7, 2022 and declared a Level 2 alert and adopted new water restrictions to comply with State Water Board emergency regulations and help with the Statewide drought. They are effective immediately and include:
o No spray/sprinkler irrigation during daylight hours (leak checks are okay ± please use a cone). o Restaurants and other eating establishments shall not provide water to guests unless requested.
o The agency will expand public information and increase water waste patrols and reduce hydrant and dead-end flushing.
o Actively discourage overseeding.
o A detailed FAQ can be found on the DWA website: New-Water-Restrictions-FAQ.pdf (dwa.org)
x Commissioner Freedman expressed he hopes the Commission will be able to move forward with the airport demonstration garden in the fall and coordinate with DWA on communicat ion on conserving water.

7. Wellness ± No update.

8. Desert Community Energy, Community Advisory Committee ± Commissioner Freedman reported x Commissioner Freedman reported the DCE Board will meet on June 29, 2022 and key items on the agenda include approval of the FY 2023 budget and two renewable energy procurement projects. x Commissioner Freedman stated the Board is working to include to procure and secure additional renewable energy projects for the Board approval later this summer.

Item 3A - Page 31
Sustainability Commission Regular Meeting Minutes
June 28, 2022, 5:30 p.m. - Page 6
x Commissioner Freedman reported DCE continues to work on addressing summer readiness planning and messaging to customers to reduce energy use. Freedman will forward the information to City VWaII IRU LQFOXVLRQ RQ WKH CLW\¶V ZHbVLWH.
x The DCE Board continues work on identifying site for possible solar and battery storage for distributed energy facilities. A meeting has been scheduled with Director of Community and Economic Development Jay Virata on July 7th.
x DXULQJ a PHHWLQJ ZLWK CVAG¶V E[HFXWLYH CRPPLWWHH, WKH FRUH aJUHHPHQWV IRU WKH launch of the Inland RHJLRQaO EQHUJ\ NHWZRUN (IRAN) ZHUH aSSURYHG IRU RFP¶V IRU FRQVXOWaQWV WR ZRUN RQ SURJUaPV b\ the end of the year.
x Commissioner Freedman stated a follow up presentation will be held on July 27, 2022 for SolarAPP+ permitting platform and the Energy Commission funding that is now available to cover some of the costs to implement SolarAPP+.

F. COMMISSIONER COMMENTS AND UPCOMING AGENDA
x Commissioner Freedman shared he is meeting with Chair Barrett, Deputy City Manager Fagg and Interim Director Sheldon on July 11 th to discuss his future work with the Office of Sustainability now that his Commission term has ended. Freedman stated he will continue to attend Sustainability Commission meetings until new Commissioners are appointed by City Council. x CRPPLVVLRQHU COaUN WKaQNHG aOO WKH CRPPLVVLRQHUV KH¶V VHUYHG ZLWK RYHU WKH SaVW VL[ \HaUV. A ORW KaV been accomplished during that time including the leaf blower ban, the food ware ordinance, and the battery recycling program which has diverted two (2) tons of household batteries from landfills. x Chair Barrett thanked Commissioners Clark, Freedman and Futterman for serving their terms and for their accomplishments on the Sustainability Commission.

G. ADJOURNMENT - The meeting of the Sustainability Commission adjourned at 7:10 p.m. They adjourned to the Regular Meeting of the Sustainability Commission to be held at 5:30 p.m. on Tuesday, July 19, 2022, location to be determined. There is a possibility that the next meeting will be via telecommunication also. The SXVWaLQabLOLW\ CRPPLVVLRQ¶V UHJXOaU PHHWLQJ VFKHGXOH LV aW 5:30 S.P. WKH WKLUG TXHVGa\ HaFK PRQWK H[FHSW August unless otherwise noted or amended.

Respectfully Submitted,

Tracy Sheldon, Program Coordinator, Office of Sustainability Item 3A - Page 32

ATTACHMENT D

Item 3A - Page 33

SUSTAINABILITY COMMISSION - REGULAR MEETING MINUTES
Tuesday, July 19, 2022
Pursuant to Assembly Bill 361, by Governor Newsom, this meeting was conducted by teleconference and there was no in-person public access to the meeting location.

CALL TO ORDER: Chair Barrett called the meeting to order at 5:34 p.m.

ROLL CALL: A quorum was present for this Regular Meeting of the City of Palm Springs Sustainability Commission.

Present FY 2022/2023 FY 2022/2023
This Meeting to Date Excused Absences Unexcused Absences Don Barrett, Chair X 13
Randy Evans, Vice Chair A 10 1
Carl Baker X 41
David Freedman X 76
Jennifer Futterman X 50
Jake Torrens A 11 1

X = Present E = Excused (notified Chair and Staff of absence) L = Late U = Unexcused (did not notify of absence)

REPORT OF POSTING OF AGENDA: The Agenda was available for public access at the City Hall exterior bXOOHWLQ bRaUd (ZHVW VLdH RI WKH CRXQcLO CKaPbHUV) b\ 5:30 PM TKXUVda\, JXO\ 14, 2022 aQd SRVWHd RQ WKH CLW\¶V website as required by established policies and procedures.

CITY STAFF PRESENT: Flinn Fagg, Deputy City Manager and Tracy Sheldon, Interim Director, Office of Sustainability

ACEPTANCE OF THE AGENDA: Chair Barrett asked if there were any objections to the agenda for the July 19, 2022 meeting. There were no objections, and the agenda was declared accepted.

GUESTS PRESENT: Dorian Whitney and Paul Hinrichsen

PUBLIC COMMENTS - NONE

CHAIR¶S REPORT
CKaLU BaUUHWW SURYLdHd aQ XSdaWH RQ WKH IROORZLQJ LQ KLV CKaLU¶V UHSRUW:
x Presentation by City Clerk re: Public Record Policy Presentation to the Sustainability Commission:
o Chair Barrett stated this item will remain on hold until new Commissioners are appointed by City Council.
x Consolidation of Subcommittee and Commissioner Reports:
o Chair Barrett stated he would like to reduce t he number of Subcommittee and Commissioner reports listed within the monthly agenda to only items which will be reported on. x Creation of alternative transportation subcommittee with two (2) commissioners:
o Chair Barrett stated a discussion was scheduled f or this meeting in regard to alternate transportation issues and the ability to create an alternative transportation subcommittee. Due to Commissioner Torrens absence of this meeting, this item will be carried forward to the September Sustainability Commission meeting.
x Staff Support Concerns:
o CKaLU BaUUHWW VWaWHd KH LV cRQcHUQHd ZLWK VWaIILQJ OHYHOV aQd WKH CLW\¶V abLOLW\ WR UHSRUW RQ SWaWH requirements such as SB 1383, other current programs and future projects.

Item 3A - Page 34
Sustainability Commission Regular Meeting Minutes
July 19, 2022, 5:30 p.m. - Page 2

STAFF COMMENTS
x Deputy City Manager Fagg shared that City Manager Justin Clifton announced his resignation on Monday, July 18, 2022. Deputy City Manager Fagg reassured the Commission that the City Council priorities relative to Sustainability and funding for the program, including the expansion for Sustainability staff remain in place.
x Deputy City Manager Fagg announced Lindsey-Paige (LP) McCloy as the new Director of the Office of Sustainability. McCloy will begin her role as Director August 1, 2022. McCloy is currently the Program Director for the Los Angeles Clean Tech Incubator . Prior to that she was with the City of New York for seven years in the Office of the Mayor working in the Office of Sustainability and also in the Office of Chief Technology.
x Director McCloy introduced herself and shared her excitement for joining the C ity of Palm Springs.

McCloy shared her undergrad education is in Mechanical Engineering and Material Science. x Interim Director Sheldon provided an overview of how the funds were spent during FY 21/22 on the Sustainability Scholarship Program. Sheldon reported the funding supported local business owners with the costs in implementing the SB 1383 and purchasing reusables and compostable disposables in compliance of the Food Ware Ordinance. Sheldon reported approximately $26,000 was distributed to businesses in support of the Food Ware Ordinance. Funds were also distributed in support of the Gas Leaf Blower Ban and other sustainable practices.

A. PRESENTATION

1. Art Contest Report ± Commissioner Futterman reported x Commissioner Futterman shared an overview of the 2022 Environmental Art Contest Water and Water Justice Awards Winners. Commissioner Futterman provided a historical review of the Environmental Art Contest. The Environmental Art Contest began in Coachella Valley 18 years ago and was formerly funded by the California Regional Environmental Education Community (CREEC) Network, a program of the California Department of Education. Ten years ago, CREC stopped funding the Environmental Art Contest and it was taken over by the Environmental Education Collabo rative, which Commissioner Futterman serves on the Board. The City of Palm Springs Sustainability Commission became an annual sponsor of the Environmental Art Contest five (5) years ago and it has been entwined with World Environment Day. As a result of th e COVID pandemic, the Environmental Art Contest has become a virtual event with the hopes that it can become an in-person event again in 2023. Commissioner Futterman thanked Commissioner Baker for being a judge of this \HaU¶V cRQWHVW. (The complete present ation with the winners of each category is included in the SXbliVhed agenda SackeW on Whe CiW\¶V ZebViWe.)

B. APPROVAL OF MEETING MINUTES
x Chair Barrett reported the June 28, 2022 Sustainability Commission Meeting Minutes were not completed; therefore, they will be provided at the next Commission meeting for approval.

C. OLD BUSINESS

1. Environmentally Preferable Purchasing Policy (EPPP) Review ± EPPP subcommittee ± Chair Barrett reported
x Chair Barrett provided an update that the EPPP was listed, discussed and set for a vote during the June 28, 2022 Sustainability Commission meeting. Dur ing that meeting Commissioner Torrens requested additional time for review before voting at the July 19, 2022 Sustainability Commission meeting. Chair Barrett asked if there were any additional questions on the EPPP and if the Commission was prepared to vote on the EPPP.
x A Motion was made by Commissioner Freedman and seconded by Commissioner Baker to approve Environmentally Preferable Purchasing Policy that was attached to the June 28, 2022 SXsWainabiliW\ Commission agenda packeW and recommend iW¶s adopWion by City Council. The Motion passed 4-0 ZiWh Baker, BarreWW, Freedman and FXWWerman ZiWh ³\es´ votes, and Commissioners Evans and Torrens were absent.

D. NEW BUSINESS - NONE

Item 3A - Page 35
Sustainability Commission Regular Meeting Minutes
July 19, 2022, 5:30 p.m. - Page 3

E. SUBCOMMITTEE AND COMMISSIONER REPORTS

1. Standing Subcommittee on Waste Reduction ± No update

2. Ad Hoc Subcommittee on Strategic Planning and General Plan Update ± No update

3. Solar and Green Building ± Commissioner Freedman reported x Commissioner Freedman reported the state legislature passed an energy trailer bill on June 29, 2022 which is part of t he FY 22-23 budget. It provides $1.2 billion for the California Arrearage Payment Program to help address unpaid residential utility balances incurred during the COVID-19 pandemic.

The relief period extends to December 31, 2022. DCE and S CE customers are eligible. Bill credits must be issued no later than April 3, 2023.
x Commissioner Freedman reported the energy package of the 2022 Budget Act also establishes the Strategic Reliability Reserve to be administered by the Department of Water Re sources to support electrical grid reliability. This bill authorizes DWR to contract for, purchase, finance or otherwise secure electrical generation to create additional capacity available during extreme energy grid events.

Legislators and industry stakeholders have expressed unhappiness with many of the provisions in the bill . Concerns are largely focused on siting and use of fossil resources. Additional clarifying language may be adopted before the legislative session ends. x Commissioner Freedman reported he will meet with Deputy City Manager Fagg and Chief Building Official Alberto Gradilla Monday afternoon to discuss the two ordinances he drafted, which the CRPPLVVLRQ aSSURYHd aW OaVW PRQWK¶V PHHWLQJ. TKH RbMHcWLYH LV WR KaYH WKHP ad opted by Council before year-end.

4. World Environment Day ± No update

5. Bicycle Routes and Cycling ± No update

6. Water Conservation ± Commissioner Freedman reported
x Commissioner Freedman reported DWA and its customers achieved a 28.3% reduction in metered potable water consumption per meter during May 2022 compared to May 2013. Over the past 12 months, consumption per meter is trending 18.1% lower compared to 2013. x HRZHYHU, ZaWHU cRQVHUYaWLRQ cRPSaUHd ZLWK WKH VWaWH¶V YROXQWaU\ WaUJHW RI a 15% UHdXcWLRQ IURP WKe 2020 baseline is lagging, partly because the tourism industry was closed then. To encourage applicants, DWA increased its turf rebate to $3 / square foot in the fiscal year that began July 1. x During the July 19, 2022 DWA Board meeting, a resident notic ed that Rancho Mirage is matching CVWD¶V $3 / VTXaUH IRRW WXUI UHPRYaO UHbaWH aQd aVNHd LI WKH CLW\ cRXOd SURYLdH PaWcKLQJ IXQdV. x Commissioner Freedman reported the Coachella Valley Regional Water Management Group has earmarked $4.11 million in state grant funding for the Coachella Valley and has selected a tentative slate of projects to submit in the application due August 19, 2022. The application plans to include $500,000 WR H[WHQd DWA¶V UHc\cOHd ZaWHU V\VWHP WR SXQULVH PaUN aQd $116,000 LQ JUaVV UHPRY al rebates for DWA customers. DWA will likely ask the City to cover part of the extensions costs, but DWA estimates the City would be able to recover its investment in a few years because the recycled water rates are lower than the potable water rates the City is now paying.

7. Wellness ± No update

8. Desert Community Energy, Community Advisory Committee ± Commissioner Freedman reported x Commissioner Freedman reported the DCE Board met yesterday morning and approved a renewable energy procurement from Southern California Edison.
x The Board also approved continued work on a program to install solar and battery storage distributed energy facilities. Several of the possible sites are on properties the City owns or leases, so Commis- sioner Freedman is working with City staff.
x Commissioner Freedman reported will be holding a follow -up presentation on July 27, 2022 on the SolarAPP+ permitting platform and Energy Commission funding that is now available to cover some of the costs to implement SolarAPP+. Commissi oner Freedman reported Tracy Sheldon, Interim Director, Office of Sustainability and Taja Sims, Plans Examiner Supervisor, Building and Safety registered to attend.
x Commissioner Freedman reported DCE is updating its flyer with energy saving tips fo r the summer.

He will send the flyer to Tracy Sheldon for posting on the Office of Sustainability webpage.

Item 3A - Page 36
Sustainability Commission Regular Meeting Minutes
July 19, 2022, 5:30 p.m. - Page 4

F. COMMISSIONER COMMENTS AND UPCOMING AGENDA
x Chair Barrett stated a discussion on turf conversion projects will be placed on a future agenda. x Commissioner Freedman requested an update on Airport Demonstration Garden at the next Commission meeting.
x Commissioner Freedman asked for the City to provide a budget update on what the City can contribute to turf conversion projects, including efforts at the Airport and City parks.

G. ADJOURNMENT - The meeting of the Sustainability Commission adjourned at 6:36 p.m. They adjourned to the Regular Meeting of the Sustainability Commission to be held at 5:30 p.m. on Tuesday, September 20, 2022, location to be determined. There is a possibility that the next meeting will be via telecommunication aOVR. TKH SXVWaLQabLOLW\ CRPPLVVLRQ¶V UHJXOaU PHHWLQJ VcKHdXOH LV aW 5:30 S.P. WKH WKLUd TXHVda\ HacK PRQWK except August unless otherwise noted or amended.

Respectfully Submitted,

Tracy Sheldon, Program Coordinator, Office of Sustainability Item 3A - Page 37

ATTACHMENT E

Item 3A - Page 38

EXCERPT OF MINUTES

At the Sustainability Commission meeting of the City of Palm Springs, held February 23, 2023, the Sustainability Commission took the following action:

B. OLD BUSINESS-

1. Review of the Environmentally Preferable Purchasing Policy (³EPPP´) docXmenW and project plan before submission to the City Council
a. Director McCloy noted that this policy incorporated the comments of the Commissioners and that she worked with Procurement and Public Works for their input
b. Language was changed from a recommendation to utilize local vendors for source reduction purposes and referring directly to the CiW\¶V local SUefeUence Solic\
c. There were no material changes to the text from the previous meeting.
d. Director McCloy to highlight the purchase of electric vehicles in the Staff Report, noting that transportation is a major contributor to GHG emissions

ACTION: Commissioner Barrett introduced a motion to approve and recommend the policy put forth by the Commission be presented to the City Council at the March 2023 meeting. The motion was seconded by Vice Chair Baker. A formal roll call vote unanimously approved the policy for presentation to the City Council and recommendation that the City Council adopt the EPPP.

I, Lindsey-Paige McCloy , Director of the Office of Sustainability for the City of Palm Springs, hereby certify that the above action was taken by Sustainability Commission of the City of Palm Springs on the 23rd day of February 23, 2023, by the following vote:

AYES: Commissioner Baker, Commissi oner Freedman, Commissioner Barrett
NOES: None
ABSENT: Commissioner Torrens

__________________________________________
Lindsey-Paige McCloy
Director, Office of Sustainability, City of Palm Springs

Item 3A - Page 39

ATTACHMENT F

Item 3A - Page 40
Item 3A - Page 41
[
0 ORDINANCE NO. 2045

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 5.87
TO TITLE 5 OF THE PALM SPRINGS MUNICIPAL CODE

REGARDING REUSABLE FOOD SERVICE WARE AND

PLASTIC WASTE REDUCTION
WHEREAS, The City has a goal of diverting over 90% of its solid waste from landfills.

WHEREAS, the production and disposal of single-use disposable food and beverage packaging has significant environmental impacts, including the contamination of the environment, the depletion of natural resources, use of non-renewable polluting fossil fuels, greenhouse gas emissions, and the increased clean-up and end of life management costs; and
WHEREAS, food and beverage packaging comprises approximately one quarter of California's disposed waste stream annually, accounts for 14 of the top 20 marine plastic items, and an estimated 70% of street litter; and WHEREAS, plastics released to land, waterways, and oceans break down into smaller pieces that are not biodegradable and can be easily consumed by animals and people; and
WHEREAS, plastics contribute to greenhouse gas emissions because they are derived from petroleum products and because they release methane emissions when they degrade; and
WHEREAS, polystyrene foam food and beverage service ware is a distinctive litter concern because it is lightweight, easily blown into streets and waterways, and floats in water; and
WHEREAS, polystyrene foam food and beverage service ware breaks apart easily into small pieces, is difficult to collect, and is often mistaken as food by birds, fish, and wildlife; and
WHEREAS, styrene used to manufacture polystyrene products is identified by the State of California as a carcinogen under Proposition 65 chemicals, the state advises that individuals limit consumption of hot food and beverages from polystyrene containers, and containers made from alternative materials that are reusable, recyclable, or compostable are readily available.

WHEREAS, the market for alternative forms of disposable food and beverage packaging and food service ware continues to evolve, and there is no ideal replacement for all current plastic disposable food ware.

Item 3A - Page 42
Ordinance No. 2045
Page2
WHEREAS, reusable food ware, packaging, and products are more n environmentally sound alternatives to disposables and saves businesses money. L J

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

SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference as material findings in support of this Ordinance.

SECTION 2. Chapter 5.87 is hereby added to Title 5 of the Palm Springs Municipal Code to read as follows:

5.87.001 Definitions
For the provisions of this Chapter, the following definitions shall apply:
"Aluminum Foil-based" mean any Non-reusable Food Service Ware composed entirely of aluminum, including but not limited to aluminum tray liners, aluminum foil, and aluminum foil baskets.
"Biodegradable Products Institute" refers to a certification program that ensures that products and packaging displaying the BPI logo have been independently tested and verified accordingly to scientifically based standards to successfully break down in o professionally managed industrial composting facilities . BPI-certified products meet the standards of the American Society for Testing Materials (ASTM) D6400 or D6868 for compostability, or other applicable standards in the future. All BPI-certified products are also required to have (1) a limit of 100 parts per million (ppm) total Fluorinated Chemicals as the upper threshold for acceptance and (2) no intentionally added Fluorinated Chemicals.
"City" means the City of Palm Springs, California.
"City-sponsored event" includes any event, activity or meeting organized or sponsored, in whole or in part by the City or any department of the City. "Compostable" means an item or material (1) will break down, or otherwise become part of a usable compost in a safe and timely manner and (2) is Natural Fiber-based or made from other materials approved by the City Manager or designee.

Compostable items may include those that are made entirely of Natural Fiber or Natural Fiber-based items that are coated or lined with biologically based polymer, such as corn or other plant sources (e.g., compostable plastics), if certified by the Biological Products Institute (BPI) or by another independent third party approved by the City Manager or designee.
[ J
Item 3A - Page 43
n
[
Ordinance No. 2045
Page3
"Fluorinated Chemicals" means perfluoroalkyl and polyfluoroalkyl substances or fluorinated chemicals, which for the purposes of food packaging are a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. "Food Service Ware" means all containers, bowls, plates, trays, cups, lids, and other like items that are used for consuming prepared foods, including without limitation, service ware for takeout foods and/or leftovers from partially consumed meals prepared by prepared food vendors.
"Food Service Ware Accessory" means all types of single-use items usually provided along with Food Service Ware, including but not limited to utensils, chopsticks, napkins, cup lids, cup sleeves, beverage trays, condiment packets and saucers, straws, stirrers, splash sticks, cocktail sticks, and toothpicks designed for a single use for Prepared Foods.
"Natural Fiber/Natural Fiber-based" means a plant or animal-based, non-synthetic fiber, including but not limited to products made of paper, sugarcane, bamboo, wheat stems/stalks, hay, wood, etc.
"Non-reusable" means products that do not meet the definition of "Reusable" as defined in this section.
"Non-reusable cup" is a beverage cup that does not meet the definition of "Reusable" that is used to serve beverages, such as water, cold drinks, hot drinks, alcoholic beverages, and other drinks.
"Packing Material" means material used to hold, cushion, or protect items packed in a container for shipping, transport, or storage.
"Person" means any individual, trust, firm, joint stock company, corporation including a government corporation, partnership, or association.
"Plastic" means a material made from fossil fuel-based polymers such as polyethylene, polystyrene, polypropylene, and polycarbonate or from biologically based polymers such as corn or other plant material that can be molded or blown into shape while soft and then set into a rigid or slightly elastic form. "Polystyrene" means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to rigid polystyrene and expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, expanded polystyrene molding, or extrusion-blow molding (extruded polystyrene), and clear or solid polystyrene (oriented polystyrene). The resin code for polystyrene is '6' or 'PS,' either alone or in combination with other letters. This definition applies to all polystyrene food service ware, regardless of whether it exhibits a resin code.

Item 3A - Page 44
Ordinance No. 2045
Page4
"Polystyrene foam" means and includes blown polystyrene and expanded and D extruded foams (sometimes called Styrofoam, a Dow Chemical Co. trademarked - form of expanded polystyrene insulation) which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion blow molding (extruded foam polystyrene). Polystyrene foam is commonly made into disposable food service ware products. Polystyrene foam does not include clear or solid polystyrene ( oriented polystyrene).
"Prepared Food" means food or beverages, which are serviced, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed, poured, or otherwise prepared (collectively "prepared") for individual customers or consumers. Prepared Food does not include raw eggs; raw, butchered meats, fish, and/or poultry sold from a butcher case, a refrigerator case, or similar retail appliance; or food that is prepared and packaged on site such as breads, baked goods, and deli items that are not intended for immediate consumption.
"Prepared Food Vendor" means any person or place that provides or sells Prepared Food within the City to the general public to be consumed on the premises or for take-away consumption. Prepared Food Vendor includes but is not limited to: a grocery store, supermarket, restaurant, bar, fast-food restaurant, drive-thru, cafe, o coffee shop, snack shop, public food market, farmers market, convenience store, or similar place where prepared food is available for sale on the premises or for takeaway consumption, and any mobile store, food vendor, caterer, food truck, or similar mobile outlet. This includes Prepared Food Vendors at City facilities and City contractors and lessees acting pursuant to a City contract, lease, or permit at a City Facility.
"Prepackaged" means food or beverages that are properly labeled and arrive at the premises of the food seller, vendor, or server in a container or wrapper in which the food or beverage is wholly encased, enclosed, contained, or packaged and is not removed from such container or wrapper ( other than an outer container or wrapper that encloses multiple units of food) before its sale or provision at the premises.

Prepackaged food and beverages may be sold, vended, or served in the same container (e.g., ramen noodles in a foam cup).
"Reusable" means products designed and manufactured to maintain its shape and structure and be materially durable to be washed and sanitized and to be used repeatedly over an extended period of time and is safe for washing and sanitizing by mechanical and/or manual ware washing methods that meet the requirements of the California Retail Food Safety Code for cleaning and sanitizing of equipment and utensils.
u
Item 3A - Page 45
D
Ordinance No. 2045
Page5
"Reuse System" means a closed loop service or program provided by a third party to a Food Vendor that includes the provision of Reusable Food Ware and the collection, cleaning, and redistribution of the Reusable Food Ware to said Food Vendor or other Food Vendors. Any operative third-party Reuse System provider in the City of Palm Springs shall meet regulatory requirements that the City of Palm Springs may set forth in guidelines or regulations with a public hearing. "Takeout food" means Prepared Food requiring no further preparation which is purchased to be consumed off a Prepared Food Vendor's premises. Takeout Food includes Prepared Food delivered by a Prepared Food Vendor or by a third-party delivery service.

5.87.002 On-Site Food and Beverage Consumption
a) Prepared Food Vendors shall use Reusable Food Service Ware and Reusable Food Service Ware Accessories for Prepared Food served for on-site food and beverage consumption, unless the Food Vendor qualifies for a waiver as described in Section 5.87.005. This requirement does not prohibit a Prepared Food Vendor from providing leftover Prepared Food in Non-reusable Food Service Ware with Non-reusable Food Service Ware Accessories that are compliant with Section 5.87.003 of this Chapter when requested by a customer. b) The following Non-reusable items are allowed for on-site food consumption and must be non-Plastic: food wrappers, sleeves and bags; napkins; straws, stirrers, cocktail sticks; toothpicks; and tray and plate-liners. Any additional Non-reusable items not listed in this section or identified elsewhere in the Ordinance must be approved by the City Manager, or designee.
c) All Prepared Food Vendors offering condiments must offer those items in Reusable containers, bulk dispensers or individual Non-plastic packaging for on site food and beverage consumption.
d) Straws and stirrers shall be made available only upon a customer's specific request or affirmative response to a vendor's offer.
e) As of January 1, 2023, any Non-reusable items listed in paragraph (b) must meet the definition of Compostable in this Chapter.

5.87.003 Food Service Ware for Off-site Food and Beverage Consumption a) No Prepared Food Vendor may use any Non-reusable Food Service Ware or Food Service Ware Accessories made in whole or in part from Polystyrene or Polystyrene Foam.
b) Non-reusable straws and stirrers shall not be made of Plastic.

Item 3A - Page 46
Ordinance No. 2045
Page6
c) Prepared Food Vendors shall provide, sell, or otherwise distribute only those o Food Service Ware Accessories that comply with this Section, and only (1) upon a customer's specific request or affirmative response to a vendor's offer for such items, (2) in a self-service area or dispenser, or (3) when Prepared Food is assembled for takeout or delivery, to prevent spills.
d) Food prepared for off-site consumption or leftovers of partially consumed food on premises shall not be provided to customers in single-use plastic bags. e) All Prepared Food Vendors should allow for the use of customer-supplied Reusable Food Service Ware consistent with California Food Retail Code, unless any customer-supplied Reusable Food Service Ware appears to be soiled, unsanitary, or otherwise appears inappropriate in size, material, or condition for the intended use.
f) Prepared Food Vendors and Takeout Food delivery services must provide options for customers to affirmatively request Food Service Ware Accessories across all ordering/point of sale platforms, including but not limited to web, smart phone and other digital platforms, telephone, and in-person. Prepared Food Vendors and Takeout Food delivery services shall not automatically include Food Service Ware Accessories.
g) As of January 1, 2023, any Non-reusable Food Service Ware and Food Ware D Accessories provided for off-site Food and Beverage Consumption must meet the definition of Compostable in this Chapter. The following Food Service Ware must also be certified Compostable by the Biodegradable Products Institute or another independent third party approved by the City Manager or designee, in collaboration with local waste processors and haulers:

1. Plates

2. Bowls

3. Cups

4. Clamshells, boxes, deli containers and other containers used for the sale and/or distribution of Prepared Food

5.87.004 Food Service Ware for Retail Sale
a) No Person may sell, offer for sale, or otherwise distribute for compensation within the City any Non-reusable Food Service Ware or Food Service Ware Accessories made in whole or in part from Polystyrene or Polystyrene Foam.

5.87.005 Waivers and Exemptions
a) Non-reusable Food Service Ware that is entirely Aluminum Foil-based is exempt from the provisions of this Chapter.

LJ
Item 3A - Page 47
[
D
l
Ordinance No. 2045

Page 7 ends

b) The City Manager or designee may waive the provisions of this Chapter if any of the following are met:

1. The applicant demonstrates a feasibility-based hardship. The person seeking the waiver must demonstrate to the City Manager's satisfaction that it is not feasible to meet a specific requirement or that no reasonably feasible alternative exists to a specific non compliant product.

2. The applicant demonstrates compliance is unreasonably financially prohibitive. The person seeking the exemption must demonstrate to the City Manager's satisfaction that with respect to each specific non-compliant product, there is no suitable and reasonably affordable alternative product available, including, but not limited to, good faith efforts to obtain a substantially similar complaint item at a non-prohibitive price.

3. Strict application of the specific requirement would create an undue hardship, or practical difficulty, not generally applicable to other persons in similar circumstances, and good cause is shown. c) An applicant seeking a waiver under subsection a must submit a written application on a form approved by the City Manager or designee. The City Manager or designee may require the applicant to submit additional information or documentation to make a determination regarding the waiver requested. The City Manager or designee shall review requests for waivers on a case-by-case basis and may grant the waiver in whole or in part, with or without conditions, for a period of up to twelve (12) months. An applicant for renewal of a waiver must apply for a new waiver period no later than sixty (60) days prior to the expiration of the then-current period to preserve a continuous waiver status. The City Manager or designee shall review each application anew and base his or her determination on the most current information available. In no case shall a waiver be retroactive or continue past January 1, 2023.
d) Nothing in this chapter shall restrict the availability of single-use plastic straws, cups, or containers to individuals who may require and request them due to disability or other medical or physical conditions or circumstances.

Prepared Food Vendors that customarily offer plastic straws, cups, or containers may maintain a small supply of plastic products to accommodate such requests.
e) The use of Reusable Food Service Ware and Reusable Food Service Ware Accessories may be suspended in the event of severe drought conditions as described in Desert Water Agency Ordinance 65 or State mandates.

Item 3A - Page 48
Ordinance No. 2045
Pages

5.87.010 Violation
a) Any Person, firm or corporation violating any provision of this chapter shall be guilty of an infraction for such violation and shall be subject to penalties as provided in Section 1.01 .155.

SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act ("CEQA") (Pub. Resources Code,§ 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.). The City Council hereby finds that under Section 15061 (b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

The City Council also finds the Ordinance is exempt from the requirements of CEQA pursuant to State CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.

SECTION 4. Severability. 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 D
would have adopted this Ordinance, and each section or provision thereof, regardless of D the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

SECTION 5. Effective Date. This Ordinance shall become effective on January 1, 2022. The requirement that all Non-reusable Food Service Ware and Food Service Ware Accessories be Compostable or Certified Compostable shall become effective on January 1, 2023.

SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause a summary of the same to be published in the official newspaper of the City of Palm Springs within fifteen (15) days following its adoption.

PASSED, APPROVED AND ADOPTED THIS 8th DAY OF JULY, 2021.

ATTEST:

D
Item 3A - Page 49
l
Ordinance No. 2045
Page9

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 2045 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 8, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege
None
None
None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this '1-'b+... day of ~ l-1 , ~'t.., t l

ATTACHMENT G

Item 3A - Page 50
14 CCR § 18993.1
§ 18993.1. Recovered Organic Waste Product Procurement Target.

Currentness
(a) Except as otherwise provided, commencing January 1, 2022, a jurisdiction shall annually procure a quantity of recovered organic waste products that meets or exceeds its current annual recovered organic waste product procurement target as determined b\ this article. For the purposes of this section, ³jurisdiction´ means a cit\, a count\ or a city and county.
(b) On or before January 1, 2022, and on or before January 1 every five years thereafter, the Department shall recalculate the annual recovered organic waste product procurement target for each jurisdiction according to the requirements of Subdivision (c).
(c) Each jurisdiction's recovered organic waste product procurement target shall be calculated by multiplying the per capita procurement target by the jurisdiction population where:
(1) Per capita procurement target = 0.08 tons of organic waste per California resident per year.
(2) Jurisdiction population equals the number of residents in a jurisdiction, using the most recent annual data reported by the California Department of Finance. (d) Annually, the Department shall provide notice to each jurisdiction of its annual recovered organic waste product procurement target by posting such information on the Department's website and providing written notice directly to the jurisdiction. (e) A jurisdiction shall comply with Subdivision (a) by one or both of the following:
(1) Directly procuring recovered organic waste products for use or giveaway. (2) Requiring, through a written contract or agreement, that a direct service provider to the jurisdiction procure recovered organic waste products and provide written documentation of such procurement to the jurisdiction.
(f) For the purposes of this article, the recovered organic waste products that a jurisdiction may procure to comply with this article are:
(1) Compost, subject to any applicable limitations of Public Contract Code Section 22150, that is produced at:
(A) A compostable material handling operation or facility permitted or authorized under Chapter 3.1 of this division; or
(B) A large volume in-vessel digestion facility as defined and permitted under Chapter

3.2 of this division that composts on-site. [NOTE: Digestate, as defined in Section Item 3A - Page 51
18982(a)(16.5), is a distinct material from compost and is thus not a recovered organic waste product eligible for use in complying with this Article.] (2) Renewable gas used for fuel for transportation, electricity, or heating applications. (3) Electricity from biomass conversion.
(4) Mulch, provided that the following conditions are met for the duration of the applicable procurement compliance year:
(A) The jurisdiction has an enforceable ordinance, or similarly enforceable mechanism, that requires the mulch procured by the jurisdiction to comply with this article to meet or exceed the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in Section 17852(a)(24.5)(A)1. through

3. of this division; and
(B) The mulch is produced at one or more of the following:

1. A compostable material handling operation or facility as defined in Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in Section 17852(a)(10), that is permitted or authorized under this division; or

2. A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under this division; or

3. A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the California Code of Regulations. (g) The following conversion factors shall be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste products:
(1) One ton of organic waste in a recovered organic waste product procurement target shall constitute:
(A) 21 diesel gallon equiYalents, or ³DGE,´ of reneZable gas in the form of transportation fuel.
(B) 242 kilowatt-hours of electricity derived from renewable gas. (C) 22 therms for heating derived from renewable gas.
(D) 650 kilowatt-hours of electricity derived from biomass conversion. (E) 0.58 tons of compost or 1.45 cubic yards of compost. (F) One ton of mulch.
(h) Renewable gas procured from a POTW may only count toward a jurisdiction's recovered organic waste product procurement target provided the following conditions are met for the applicable procurement compliance year:

Item 3A - Page 52
(1) The POTW receives organic waste directly from one or more of the following:
(A) A compostable material handling operation or facility as defined in Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in Section 17852(a)(10), that is permitted or authorized under this division; or (B) A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under this division; or
(C) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the California Code of Regulations. (2) The POTW is in compliance with the exclusion described in Section 17896.6(a)(1). (3) The jurisdiction receives a record from the POTW documenting the tons of organic waste received by the POTW from all solid waste facilities described in subsection (h)(1) above.
(4) The amount of renewable gas a jurisdiction or jurisdictions procured from the POTW for fuel, electricity or heating applications is less than or equal to the POTW's production capacity of renewable gas generated from organic waste received at the POTW directly from solid waste facilities as determined using the relevant conversion factors in Subdivision (g).
(5) The POTW transported less than 25 percent of the biosolids it produced to activities that constitute landfill disposal.
(i) Electricity procured from a biomass conversion facility may only count toward a jurisdiction's recovered organic waste product procurement target if the biomass conversion facility receives feedstock directly from one or more of the following during the duration of the applicable procurement compliance year:
(1) A compostable material handling operation or facility as defined in Section 17852(a)(12), other than a chipping and grinding operation or facility as defined in Section 17852(a)(10), that is permitted or authorized under this division; or (2) A transfer/processing facility or transfer/processing operation as defined in Sections 17402(a)(30) and (31), respectively, that is permitted or authorized under this division; or
(3) A solid waste landfill as defined in Public Resources Code Section 40195.1 that is permitted under Division 2 of Title 27 of the California Code of Regulations. (j) If a jurisdiction's annual recovered organic waste product procurement target exceeds the jurisdiction's total procurement of transportation fuel, electricity, and gas for heating applications from the previous calendar year as determined by the conversion factors in Subdivision (g), the target shall be adjusted to an amount equal to its total procurement of those products as converted to their recovered organic waste product equivalent from the previous year consistent with Subdivision (g).

Item 3A - Page 53
(k) A jurisdiction shall identify additional procurement opportunities within the jurisdiction's departments and divisions for expanding the use of recovered organic waste products.
(l) Rural counties, and jurisdictions located within rural counties that are exempt from the organic waste collection requirements pursuant to Section 18984.12(c), are not required to comply with the procurement requirements in this Section from January 1, 2022-December 31, 2026.

14 CCR § 18993.2
§ 18993.2. Recordkeeping Requirements For Recovered Organic Waste Procurement Target.

Currentness
(a) A jurisdiction, as defined in 18993.1(a), shall include all documents supporting its compliance with this article in the implementation record required by Section 18995.2 of this chapter including, but not limited to, the following:
(1) A description of how the jurisdiction will comply with the requirements of this article. (2) The name, physical location, and contact information of each entity, operation, or facility from whom the recovered organic waste products were procured, and a general description of how the product was used, and if applicable, where the product was applied.
(3) All invoices or similar records evidencing all procurement. (4) If a jurisdiction will include procurement of recovered organic waste products made by a direct service provider to comply with the procurement requirements of Section 18993.1(a), the jurisdiction shall include all records of procurement of recovered organic waste products made by the direct service provider on behalf of the jurisdiction including invoices or similar records evidencing procurement.
(5) If a jurisdiction will include renewable gas procured from a POTW for any of the uses identified in 18993.1(f)(2) to comply with the procurement mandate of Section 18993.1(a), a written certification by an authorized representative of the POTW, under penalty of perjury in a form and manner determined by the jurisdiction, attesting to the following for the applicable procurement compliance year:
(A) That the POTW was in compliance with the exclusion in Section 17896.6(a)(1); (B) The total tons of organic waste received from the types of solid waste facilities listed in Section 18993.1(h)(1); and
(C) The percentage of biosolids that the POTW produced and transported to activities that constitute landfill disposal.

Item 3A - Page 54
(6) If a jurisdiction will include electricity procured from a biomass conversion facility to comply with the procurement mandate of Section 18993.1(a), a written certification by an authorized representative of the biomass conversion facility certifying that biomass feedstock was received from a permitted solid waste facility identified in 18993.1(i) shall be provided to the jurisdiction. The certification shall be furnished under penalty of perjury in a form and manner determined by the jurisdiction. (7) If the jurisdiction is implementing the procurement requirements of Section 18993.1 through an adjusted recovered organic waste product procurement target pursuant to Section 18993.1(j), the jurisdiction shall include records evidencing the total amount of transportation fuel, electricity, and gas for heating applications procured during the calendar year prior to the applicable reporting period. (8) For jurisdictions complying with the requirements of Section 18993.1, through the procurement of mulch, a copy of the ordinance or similarly enforceable mechanism the jurisdiction has adopted requiring that mulch procured by the jurisdiction or a direct service provider meets the land application standards specified in Section 18993.1.

14 CCR § 18993.3
§ 18993.3. Recycled Content Paper Procurement Requirements.

Currentness
(a) A jurisdiction shall procure paper products, and printing and writing paper, consistent with the requirements of Sections 22150-22154 of the Public Contract Code. (b) In addition to meeting the requirements of Subdivision (a), paper products and printing and writing paper shall be eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 as published January 1, 2013, which is hereby incorporated by reference. (c) A jurisdiction shall require all businesses from whom it purchases paper products and printing and writing paper to certify in writing:
(1) The minimum percentage, if not the exact percentage, of postconsumer material in the paper products and printing and writing paper offered or sold to the jurisdiction. The certification shall be furnished under penalty of perjury in a form and manner determined by the jurisdiction. A jurisdiction may waive the certification requirement if the percentage of postconsumer material in the paper products, printing and writing paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor Internet website.
(2) That the paper products and printing and writing paper offered or sold to the jurisdiction is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 as published January 1, 2013, which is hereby incorporated by reference.

Item 3A - Page 55

14 CCR § 18993.4
§ 18993.4. Recordkeeping Requirements for Recycled Content Paper Procurement.

Currentness
(a) A jurisdiction shall include all documents supporting its compliance with this article in the implementation record required by Section 18995.2 of this chapter including, but not limited to, the following:
(1) Copies of invoices, receipts or other proof of purchase that describe the procurement of paper products by volume and type for all paper purchases. (2) Copies of all certifications or other verification required under Section 18993.3.

14 CCR § 18994.1
§ 18994.1. Initial Jurisdiction Compliance Report.

Currentness
(a) Each jurisdiction shall report to the Department on its implementation and compliance with the requirements of this chapter. Each jurisdiction shall report to the Department by April 1, 2022 the following information:
(1) A copy of ordinances or other enforceable mechanisms adopted pursuant to this chapter.
(2) The reporting items identified in Section 18994.2(b). (3) The following contact information:
(A) The name, mailing address, phone number, and email address of the employee of the jurisdiction that the jurisdiction has designated as the primary contact person for the purposes of receiving communications regarding compliance with this chapter. (B) The name and address of the agent designated by the jurisdiction for the receipt of service of process from the Department for the purposes of enforcement of this chapter if different from (A) above.

Item 3A - Page 56

ATTACHMENT H

Item 3A - Page 57
Ca. Pub. Cont. Code § 10409

Every local agency, as defined in Section 17518 of the Government Code, shall purchase lubricating oil and industrial oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality, and price of the recycled oil product is otherwise equal to, or better than, virgin oil products. This section shall not prohibit a local agency from purchasing virgin oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil.

Amended by Stats. 1992, Ch. 1101, Sec. 2. Effective September 29, 1992.

Item 3A - Page 58

ATTACHMENT I

Item 3A - Page 59

CONTAMINATION LEVELS FOR COMPOST

AND MULCH

14 CCR § 17852
;Ϯϰ͘ϱͿ ͞Land Application͟ means:
(A) The final deposition of compostable material and/or digestate spread on any land, including land zoned only for agricultural uses, under the following conditions:

1. On and after January 1, 2018, the compostable material and/or digestate does not contain more than 0.5% by dry weight of physical contaminants greater than 4 millimeters (no more than 20% by dry weight of this 0.5% shall be film plastic greater than 4 millimeters), as specified in section 17868.3.1, at the time of land application;

2. The compostable material and/or digestate meets the maximum metal concentrations, as specified in section 17868.2, at the time of land application;

3. The compostable material and/or digestate meets the pathogen density limits, as specified in section 17868.3(b)(1), at the time of land application; and

4. a. On land not zoned only for agricultural uses, the compostable material and/or digestate is not applied more frequently than once during a 12 month period, and, at the time of the land application, the compostable material and/or digestate shall not exceed 12 inches in total, accumulated depth on the land surface. The EA, in consultation with the Regional Water Quality Control Board, may approve alternative application frequencies and depths, if the EA after such consultation determines that the alternatives will not adversely affect public health and safety or the environment. b. On land zoned only for agricultural uses, the compostable material and/or digestate is not applied more frequently than three times during a 12 month period, and, at the time of the land application, the compostable material and/or digestate shall not exceed 12 inches in total, accumulated depth on the land surface. The EA, in consultation with the California Department of Food and Agriculture to determine if the land application is agronomically beneficial and with the Regional Water Quality Control Board regarding water quality, may approve alternative frequencies and depths, if the EA after such consultation determines that the alternative will not adversely affect public health and safety or the environment. The Department shall coordinate all EA requests for consultation with the California Department of Food and Agriculture.

5. Verification of compliance with this subdivision must be provided to the EA upon request. (B) This subdivision (a)(24.5) does not apply to:

1. the use of compost produced in compliance with Chapter 3.1 and/or 3.2 of this Division, Item 3A - Page 60

2. the use of compostable material and/or digestate for gardening or landscaping on a parcel of land 5 acres or less in size,

3. the final deposition of compostable material and/or digestate spread on land by a Federal, State, or local government entity, provided the material is applied in accordance with applicable law,

4. the final deposition of agricultural by-products material spread on land as authorized by the State Water Resources Control Board or a Regional Water Quality Control Board pursuant to Waste Discharge Requirements, a Waiver of Waste Discharge Requirements, a Resolution, or other issued requirements from the State Water Resources Control Board or a Regional Water Quality Control Board having jurisdiction, provided this final deposition does not adversely affect public health and safety or the environment.

5. the beneficial reuse at a solid waste landfill pursuant to Title 27, California Code of Regulations, section 20686, or

6. the beneficial reuse of biosolids pursuant to Part 503, Title 40 of the Code of Federal Regulations and State Water Resources Control Board General Order No. 2004-0012-DWQ, or site-specific Waste Discharge Requirements or other issued requirements from the State Water Resources Control Board or a Regional Water Quality Control Board having jurisdiction.
[NOTE: As specified in section 17850(d), nothing in these standards shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all authorizations and complying with all requirements of other regulatory agencies, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities.] 14 CCR § 17868.2. MAXIMUM METAL CONCENTRATIONS.
(a) Compost shall not contain metals in excess of the maximum acceptable metal concentrations shown in Table 3.

Compost that contains any metal in excess of any maximum metal concentrations shall be designated for additional processing, disposal, or other use as approved by local, state and federal agencies having jurisdiction.

Test results of samples must be received by the operator prior to removing compost from the composting operation or facility where it was produced.

Table 3 - Maximum Acceptable Metal Concentrations
Constituent Concentration (mg/kg) on dry weight basis
Arsenic (As) 41
Cadmium (Cd) 39
Chromium (Cr) (see subdivision (a)(1) below)
Copper (Cu) 1500
Lead (Pb) 300
Mercury (Hg) 17
Nickel (Ni) 420
Selenium (Se) 100
Zinc (Zn) 2800
(1) Although there is no maximum acceptable metal concentration for chromium in compost, operators subject to subdivision (a) shall arrange for concentrations of chromium in compost they produce to be determined in Item 3A - Page 61
connection with the analysis of other metals. Operators shall maintain records of all chromium concentrations together with their records of other metal concentrations. (b) Alternative methods of compliance to meet the requirements of this section may be approved by the EA if the EA determines that the alternative method will ensure that the maximum acceptable metal concentrations shown in Table 3 are not exceeded.

Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
14 CCR § 17868.3. PATHOGEN REDUCTION.
(b) Operators that produce compost shall ensure that:
(1) The density of fecal coliform in compost, that is or has at one time been active compost, shall be less than 1,000 Most Probable Number per gram of total solids (dry weight basis), and the density of Salmonella sp. bacteria in compost shall be less than three (3) Most Probable Number per four (4) grams of total solids (dry weight basis).

Item 3A - Page 62

ATTACHMENT J

Item 3A - Page 63
Item 3A - Page 64
Palm Springs, California Municipal Code
Title 8 BUILDINGS AND CONSTRUCTION
Chapter 8.60 WATER EFFICIENT LANDSCAPING

8.60.010 Purpose .

8.60.020 Definitions.

8.60.030 Applicability.

8.60.040 Exemptions .

8.60.050 Landscape document package filing procedure .

8.60.055 Maintenance schedule .

8.60.060 Landscape design plan.

8.60.070 Irrigation design plan.

8.60.080 Certification of project completion.

8.60.090 Landscape audit schedules.

8.60.100 Fees for initial review and program monitoring .

8.60.110 Enforcement and penalties.

8.60.120 Appeals .

8.60.010 Purpose.
(a) The purpose and intent of this chapter is to establish minimum water efficient landscape requirements for newly installed and rehabilitated landscapes. It is also the purpose of this Chapter to implement these minimum requirements to meet the state of California Code of Regulations Title 23.

Water Division 2. Department of Water Resources Chapter 2.7 Model Water Efficient Landscape Ordinance and the state of California Water Conservation in Landscaping Act, Reference : California Government Code Sections 65591, 65593, 65596.

Item 3A - Page 65
(b) The City Council determined the provisions of this Chapter more appropriately address the specific needs of the City, and this Ordinance is more effective in conserving water than the state Department of Water Resources Model Water Efficient Landscape ordinance. (c) It is the intent of the City Council to promote water conservation through the planning, design, installation, and maintenance of landscapes by the use of climate appropriate plant material and efficient irrigation.
(d) These provisions are supplementary and additional to the subdivision and zoning and water conservation and water waste prevention regulations of this Code and shall be read and construed as an integral part of the regulations and controls established thereby. (Ord. 1890 § 1, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.020 Definitions.

The following words and terms used in this chapter shall be defined as follows:
(a) "Annual color plantings" shall mean plants that perform their entire life cycle from seed to flower within a single growing season, and are typically replaced on a regular basis. (b) "Drip irrigation" means a method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants.
(c) "Estimated water use" means the annual total amount of water estimated to be needed to keep the plants in the landscape healthy. It is based upon such factors as the local evapotranspiration (ET) rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. (d) "High-water use plants" shall mean any plant which is characterized by a plant factor of 0.7 to 1.0, as defined by the Water Use Classification of Landscape Species list. (e) "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from the measurements and estimates of irrigation system characteristics and management practices. (f) "Irrigation System" means the network of piping, valves and irrigation heads. (g) "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules.
(h) "Landscaped area" means the entire parcel less the building footprint, driveways, non-irrigated portions of the parking lots, hardscapes such as decks and patios, and other nonporous areas. (i) "Low volume irrigation" means an irrigation method to distribute irrigation water slowly in small volumes and targeting it to plants' root zones with no runoff or overshooting. Low volume irrigation systems include but are not limited to drip emitters, tickle-"spider spray," micro spray-sprinklers, and/or mist emitters.

Item 3A - Page 66
u) "Maximum water allowance (MAWA)" means, for the design purposes, the upper limit of annual applied water for the established landscape area as specified in Div. 2, Title 23, CA. Code of Reg., Chapter 7, Section 702. It is based upon the area's reference evapotranspiration, ET adjustment factor, and the size of the landscaped area.
(k) Micro-irrigation. See "drip irrigation."
(I) "Mulch" means any organic material such as bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
(m) "Plant factor'' means a factor that, when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of these criteria, the average plant factor of very low water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate water using plants the range is 0.40 to 0.60, and for high water using plants, the range is 0. 70 to 0.90.

Reference: Water Use Classifications of Landscape Species IV (WUCOLS IV). (n) "Qualified professional" means a person that has been certified by their professional organization or as a person that has demonstrated knowledge and is locally recognized among landscape architects due to long time experience as qualified.
(o) "Reclaimed water'' means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation. Reclaimed water is not for human consumption. (p) "Rehabilitated landscape" means any re-landscaping project that requires a permit. (q) "Runoff'' means water which is not absorbed by the soil or landscape to which it is applied and flows from the area.
(r) "Smart Controller'' means an irrigation scheduling device which incorporates either weather or soil moisture levels into the scheduling of irrigation times. (s) "Turf' means a surface of earth containing mowed grass with roots. (t) "Valve" means a device used to control the flow of water in the irrigation system. (Ord. 1890 § 2, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.030 Applicability.

This Chapter shall apply to the following:
(a) New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or architectural review; (b) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a landscape permit, plan check or architectural review; Item 3A - Page 67
(c) New single family residential subdivisions where the front and/or side yards are landscaped by the developer or contractor;
(d) All persons and properties as well as all pre-existing and newly installed or rehabilitated landscape areas shall comply with the water conservation and water waste prevention provisions in Chapter 11 .06 of this Code. (Ord. 1890 § 3, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.040 Exemptions.

This chapter shall not apply to the following :
(a) Registered local, state or federal historic sites;
(b) Ecological restoration projects that do not require a permanent irrigation system. (Ord. 1890 § 4, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.050 Landscape document package filing procedure.
(a) Prior to the construction and installation of any new or rehabilitated landscaping as specified in Section 8.60.030, a landscape document package shall be prepared and submitted for review and approval. Approval shall be made through the landscape application form provided by the Department of Planning Services. The landscape document package shall include the following elements:
( 1 ) Water conservation concept statement;
(2) Calculation of maximum water allowance (MAWA);
(3) Calculation of total estimated water use;
(4) Landscape design plan, including specifications for all plant materials and mulch materials; (5) Landscape grading plan;
(6) Irrigation design plan:
(A) Showing the location, type and size of all components of the irrigation system that will provide water to the landscape area, including, but not limited to, controller, water lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow devices.
(B) The irrigation water source and type (potable or recycled), point of connection, the static water pressure at the point of connection, the application rate in inches per hour and the design operating pressure in pounds per square inch for each station. (C) Irrigation schedule information including typical irrigation schedules that demonstrate that landscape can thrive using the MAWA calculated as part of that package. Include specification notes for routine inspection, repair and replacement of equipment and state the party responsible for maintenance.

Item 3A - Page 68
(7) Reclaimed water specifications;
(8) Irrigation water specifications;
(9) Soil analysis. (A soil analysis is recommended but not mandatory.) (b) The landscape application shall be supplemented by additional plans and water calculations, and submitted to the applicable water authority, with other pertinent information to adequately address all applicable aspects of the application.
(c) Once the project is approved by the applicable water authority, the Department of Planning Services shall review applications and approve, conditionally approve or deny such application and shall assure conformity with this chapter. At the discretion of the Planning Director, the planning commission may consider and render decisions on landscape applications. (d) All landscape and irrigation plans for private development projects shall be in conformance with this Chapter and shall be prepared by a registered landscape architect or other qualified professional in a related field and be installed by a licensed contractor, except as provided elsewhere in this Section. (e) All public agency projects are not required to be prepared by a landscape architect or installed by a landscape contractor or other qualified professional. However, all public agency projects shall be in compliance with the approved plans and installed correctly to specifications and standards approved by the City and in compliance with this Chapter. (Ord. 1890 § 5, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.055 Maintenance schedule.
(a) Landscape and irrigation system shall be maintained to ensure water efficiency. A regular maintenance schedule shall include, but not be limited to, checking, adjusting and repairing irrigation equipment, resetting the time clocks monthly, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, and weeding all planted areas.
(b) Whenever possible, repair of irrigation equipment shall be done with originally specified materials or their equivalents. (Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.060 Landscape design plan.

A landscape design plan satisfying the design guidelines outlined in the landscape application shall be submitted as a part of the landscape document package. Guideline objectives are to ensure that future landscaping projects are designed and constructed to the highest level of aesthetic values and water efficiency, and to make wise water management viable and easy. (a) Turf Regulations. The following regulations shall apply to all projects that are required to submit a landscape design package to the City for approval:
(1) Turf shall not be used on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable surface.

Item 3A - Page 69
(2) Only low volume irrigation or a surface flow/
wick system shall be used for turf in a landscape area where any dimension of the landscape area is ten feet or less in width.
(3) On commercial, industrial or multi-family landscape no turf shall be installed in a median, parking lot island or parkway unless, if determined by the planning director, limited use of turf is necessary to provide safe access for pedestrians leaving a parked vehicle to reach the sidewalk. (4) On commercial, industrial or multifamily landscape no turf shall be installed on any portion of the site that is inaccessible.
(5) On commercial or industrial projects, turf shall be limited to a maximum of fifteen percent ( 15%) of the total landscaped area.
(6) On single family residences, turf shall be limited to a maximum of 15 percent of the total landscaped area. This restriction shall only apply to the front and side street frontage yards. (7) An athletic field, park, golf course, cemetery or other similar use shall be designed to limit the use of turf to only those areas where it is essential for the operation of the facility, as determined by the planning director. Areas where turf is not essential to the operation of the facility shall be landscaped with plants with lower water use requirements than turf.
(8) No turf shall be allowed in a landscape area that cannot be efficiently irrigated, or where overspray and run off cannot be avoided.
(b) Plant materials.
(1) All plant materials shall be selected utilizing the Lush and Efficient Landscape Guidelines, published by the Coachella Valley Water District. A copy of the Lush and Efficient Guidelines shall be on file at the Department of Planning Services for public inspection and review. (2) Annual color plantings shall be used only in areas of high visual impact and must be irrigated with drip, micro-irrigation or other systems with efficiencies of 90 percent or greater. Otherwise, drip-irrigated perennial plantings should be the primary source of color. (3) High-water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in parking islands, medians, and landscape areas where any dimension of the landscape area is ten feet or less in width.
(c) Mulch. The use of soil-covering mulch or mineral groundcover with a minimum depth of three (3) inches shall be required to reduce soil surface evaporation around trees, shrubs and on non-irrigated areas. The use of boulders and cobble shall be considered to reduce the total vegetation area. To provide habitat for beneficial insects and other wildlife, up to 5 % of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. (Ord. 1890 §§ 6-8, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.070 Irrigation design plan.

Item 3A - Page 70
(a) An irrigation plan satisfying the design guidelines outlined in the landscape application shall be submitted as part of the landscape document package. Where irrigation water is taken from the domestic water supply, separate landscape water meters shall be installed for all projects except single-family homes with landscaped areas of less than 5,000 square feet or as directed by the domestic water purveyor. When irrigation water is from a well, the well shall be metered per the requirements of the water purveyor having jurisdiction.
(b) The irrigation design plan shall be drawn on project base sheets. The irrigation design plan shall be separate from, but use the same format as the landscape design plan. (c) The following techniques and practices shall be incorporated into the design of irrigation systems:
(1) The irrigation system shall be designed to conform to the hydrozones of the plants specified in the planting plan.
(2) The irrigation system shall be designed to prevent runoff, over spray, low head drainage and other similar conditions where irrigation water flows or sprays onto area not intended for irrigation and use low volume irrigation for mulched areas wherever feasible.
(3) The minimum irrigation efficiency shall be 0.75 (75%) for spray systems and 0.90 (90%) for drip systems.
(4) Portions of irrigation systems containing slopes greater than 25 percent shall utilize a precipitation rate of 0.75 inches per hour or less to prevent runoff. (5) Sprinkler heads and other low emission devices shall be selected based on what is appropriate for the plant type in the hydrozone and shall have matched precipitation rates unless otherwise directed by the manufacturer's recommendations.
(6) Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity. (7) The system shall provide that only low volume irrigation is used to irrigate any vegetation within 36 inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into landscaped areas. (8) The irrigation system shall be regulated by means of a smart controller (either evapotranspiration, weather based, soil moisture based or similar).
(9) Irrigation projects equal or greater than 5,000 square feet shall include the installation of a master valve. High-flow sensors that detect and report high flow conditions created by system damage or malfunction shall be specified for all projects where a dedicated landscape irrigation meter is required. (10) Water calculations shall include an evapotranspiration factor of 0.45. (11) Trees shall be placed on separate valves from shrubs, groundcover and turf. (Ord. 1890 § 9, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.080 Certification of project completion.

Item 3A - Page 71
(a) For all private development projects, a licensed landscape architect, installing licensed contractor or other qualified professional in a related field shall conduct a final field observation and shall provide a certificate of completion. The certificate shall specifically indicate that plants were installed as specified.

The installing contractor shall certify that the irrigation system was installed as designed pursuant to the approved plan, and that the efficiency of the drip and/or spray systems comply with the minimum standards contained herein.
(b) Certification shall be accomplished by completing a certificate of completion and delivering it to the Department of Planning Services and to the owner of record. (Ord. 1890 § 10, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.090 Landscape audit schedules.
(a) Existing landscaped areas that are irrigated with groundwater that are over sixty thousand square feet in planted area shall have an irrigation audit within five years of the effective date of the ordinance codified in this chapter. The audit shall be submitted to the water authority for review and approval.

Those subject to an audit are public agencies, schools, cemeteries, public parks, commercial uses, golf courses, common areas, greenbelts, and multifamily housing with common area. (b) Water audits shall be conducted by a certified landscape water auditor in accordance with the current edition of the landscape irrigation auditor handbook as provided by the state of California Landscape Water Management Program .
(c) A landscape project is exempted from a water audit if the water use is less than the maximum water use allowance during the previous twelve months . To qualify for exemption the owner must submit a request for exemption with square footage (acreage) of property including the amount of water used during the previous twelve months and certified by the water purveyor having jurisdiction. (d) An appeal may be filed with the Department of Planning Services regarding ordinary high water use caused by a line breakage or some type of occurrence which results in unavoidable water usage to exceed standards. An appeal shall include information regarding water usage the previous year, current year, proof of failure and repair bill. An appeal shall be filed pursuant to Section 8.60.120 of this Code. (Ord. 1890 § 11, 2016; Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.100 Fees for initial review and program monitoring.

The following fees are determined to be necessary to cover the costs of reviewing landscape applications and monitoring landscape irrigation audits and shall be imposed on the subject applicant, property owner, or designee .
(a) The city council, by resolution, shall establish the amount of the landscape application fee in accordance with applicable law.
(b) A landscape application fee shall be due at the time of initial project application submission to the city.

Item 3A - Page 72
(c) The water authority may require every five years the project owner to cause a landscape irrigation audit to be completed by a certified landscape irrigation auditor. The sole cost of the water audit will be borne by other than the water purveyor having jurisdiction. (d) If a landscape applicat ion is not submitted prior to the start of landscape construction work , for those persons required to submit an application , a late submittal fee of twice the review fee shall be required. (Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.110 Enforcement and penalties.

For the purposes of ensuring that persons comply with the provisions of this chapter, the city may, following written notices to subject property owner(s) , initiate enforcement act ion(s) against such property owner(s) or designer(s), which enforcement actions may include, but are not limited to, the following:
(a) Revocation of a landscape application;
(b) Withholding issuance of a certificate of use and occupancy or building permit; (c) Issuance of a stop work order ;
(d) In addition to any other remedies for violation of city ordinances in force, the city may bring and maintain any action permitted by law to restrain, correct or abate any violation of this chapter, and in the event that legal action is brought by the city, reasonable attorney 's fees and court costs shall be awarded to the city and shall constitute a debt owed by the violator to the city. The city may place a lien on the affected property in the event any debts so incurred are not timely paid. (Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993)

8.60.120 Appeals.

A person aggrieved by an action taken by the city may appeal the action pursuant to Chapter 2.05 of this Code. (Ord. 1859 § 1, 2014; Ord. 1463 § 1, 1993) Contact:

City Clerk: 760-323-8204
Published by Quality Code Publishing , Seattle , WA. By using this site, you agree to the terms of use.

ATTACHMENT K

Item 3A - Page 73
Sections 492.6 (a)(3)(B), (C), (D), aQd (G) Rf Whe SWaWe¶V MRdeO WaWeU EffLcLeQW LaQdVcaSe Ordinance
(a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design pla n meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
(3) Soil Preparation, Mulch and Amendments
(B) Soil amendments shall be incorporated according to
recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5).
(C) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
(D) A minimum three inch (3?) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundc overs, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(G) Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post -consumer organic products are not locally available. Organic mulches are not re quired where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

Item 3A - Page 74

ATTACHMENT L

Item 3A - Page 75

PUBLIC CONTRACT CODE - PCC
DIVISION 2. GENERAL PROVISIONS [1100 - 22355]
( Division 2 enacted by Stats. 1981, Ch. 306. )
PART 3. CONTRACTING BY LOCAL AGENCIES [20100 - 22178]
( Part 3 added by Stats. 1982, Ch. 465, Sec. 11. )

CHAPTER 3.5. Recycled Product Procurement Mandates Pertaining to Local Governments [22150 - 22154]
( Chapter 3.5 added by Stats. 2005, Ch. 590, Sec. 39. ) 22150.
(a) If fitness and quality are equal, each local public entity shall purchase recycled products, as defined in Section 12200, instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled items.
(b) A local public entity may give preference to suppliers of recycled products. (c) A local public entity may define the amount of this preference. (Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.) 22151.

In bids in which the local government has reserved the right to make multiple awards, the recycled product preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of firms offering recycled products in the contract award.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.) 22152.
(a) All local public entities shall require all business, as defined in Section 12200, to certify in writing the minimum, if not exact, percentage of postconsumer materials in the products, materials, goods, or supplies, offered or sold.

All contract provisions impeding the consideration of recycled products shall be deleted in favor of performance standards.
(b) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this subdivision shall specify that the cartridges so comply. (Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.) Item 3A - Page 76
22153.

All printing contracts made by any local public entity shall provide that the paper used shall meet the recycled content requirements of Section 12209.
(Added by Stats. 2005, Ch. 590, Sec. 39. Effective January 1, 2006.) 22154.
(a) All businesses shall certify in writing to the contracting officer, or his or her representative, the minimum, if not exact, percentage of postconsumer material in the products, materials, goods, or supplies being offered or sold to any local public entity.
(b) With respect to printer or duplication cartridges that comply with the requirements of subdivision (e) of Section 12156, the certification required by this section shall specify that the cartridges so comply. (c) A local public entity may waive the certification requirement if the percentage of postconsumer material in the products, materials, goods, or supplies can be verified in a written advertisement, including, but not limited to, a product label, a catalog, or a manufacturer or vendor Internet Web site. (Amended by Stats. 2007, Ch. 130, Sec. 198. Effective January 1, 2008.) CHAPTER 4. State Agency Buy Recycled Campaign [12153 - 12217] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 590, Sec. 7. ) ARTICLE 4. Recycled Materials, Goods, and Supplies [12200 - 12217] ( Article 4 added by Stats. 1989, Ch. 1094, Sec. 10. )

12200
For the purpose of this article, the following definitions shall apply:
(a) “Board͟ means the California Integrated Waste Management Board, as defined pursuant to Section 40110 of the Public Resources Code.
(b) “Business͟ includes bidders, contractors, and other interested parties that provide services to, or sell products to, the state.
(c) “Department͟ means the Department of General Services. (d) “Director͟ means the Director of General Services.
(e) “Postconsumer material͟ means a finished material that would have been disposed of as a solid waste, having completed its life cycle as a consumer item, and does not include manufacturing wastes. (f) “Product categories͟ include paper products, printing, and writing papers, compost, cocompost, or mulch, glass, oil, plastic, paint, tires, tire-derived products, antifreeze, and metal. (g) “Purchase͟ means any contractual agreement that state agencies use to obtain goods or materials.

Item 3A - Page 77
(h) “Recycled products͟ mean goods or materials that meet the requirements identified in Section 12209, including any good or material that has been reused or refurbished without substantial alteration of its original form. (i) “Reportable purchase͟ means the purchase of any goods or materials, with recycled content or not, that may be reported or categorized or classified within one of the product categories identified in Section 12207. (j) “Reportable recycled product purchase͟ means the purchase of any goods or materials that meet the requirements identified in Section 12209, that may be reported or categorized or classified within one of the product categories identified in Section 12207, including any good or material that has been reused or refurbished without substantial alteration of its original form.
(k) “SABRC͟ means the State Agency Buy Recycled Campaign. (l) “Secondary material͟ means fragments of finished products or finished products of a manufacturing process, that has converted a resource into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process, such as fibers recovered from wastewater, trimmings of paper machine rolls, mill broke, plastic, or metal trimmings, or shavings, or other residue from a manufacturing process.

Secondary material does not include postconsumer material, so that the secondary material plus the postconsumer material plus the virgin material adds up to 100 percent of the product. (m) “State agency͟ means each entity identified in Section 11000 of the Government Code, and includes the California State University.
(Amended by Stats. 2005, Ch. 590, Sec. 25. Effective January 1, 2006.) 12209
For purposes of this article, the following minimum content requirements apply:
(a) Recycled paper products shall consist of at least 30 percent, by fiber weight, postconsumer fiber. (b) (1) Recycled printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer fiber. (2) Printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the requirements of this section. (c) For recycled compost, cocompost, and mulch, at least 80 percent of the product shall consist of materials, including, but not limited to, the materials listed in subdivision (c) of Section 12207, that would otherwise be normally disposed of in landfills.
(d) For recycled glass, the total weight shall consist of at least 10 percent postconsumer material. (e) Rerefined lubricating oil shall have a base oil content consisting of at least 70 percent rerefined oil. (f) (1) For recycled plastic products, other than printer or duplication cartridges, the total weight shall consist of at least 10 percent postconsumer material.
(2) Recycled printer or duplication cartridges shall comply with either the requirements set forth in subdivision (e) of Section 12156 or the general requirement for recycled plastic products set forth in paragraph (1).

Item 3A - Page 78
(g) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as “recycled paint͟ pursuant to this subdivision. If paint containing ϱϬ percent postconsumer content is unavailable, or is restricted by a local air quality management district, a state agency may substitute paint with at least 10 percent postconsumer content. (h) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials. (i) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code.
(j) For tire-derived products, the total content shall consist of at least 50 percent recycled used tires. (k) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer material. (l) For reused or refurbished products, there is no minimum content requirement. (Added by Stats. 2005, Ch. 590, Sec. 31. Effective January 1, 2006.) Item 3A - Page 79

Palm Springs City CouncilMarch 23, 2023

Palm Springs City Council
March 23, 2023