Cities Index.
Agenda packet

Palm Springs City Council
April 27, 2023

Document
Agenda packet
Meeting
April 27, 2023
Body
Palm Springs City Council
Pages
79
Original file
111.9 MB
Text extracted from the city's file for reading and search. Open the original on palmsprings.primegov.com. That file is the official record.

(Revised 09 13 18)

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)

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

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

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

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity _________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
_________________________________________________  Officer  Director  Member  Manager [name]
 General Partner  Limited Partner
 Other ____________________________________
Motorola Solutions, Inc.
500 W Monroe Street; Chicago, IL 60661
10680 Treena Street Suite # 200; San Diego, CA 92131
Illinois
See attachement
Item 1R - Page 118
CITY OF PALM SPRINGS – PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

(Revised 09 13 18)

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

EXAMPLE

JANE DOE
[name of owner/investor]
50%, ABC COMPANY, Inc.
[percentage of beneficial interest in entity
and name of entity]
A.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
B.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.

Signature of Disclosing Party, Printed Name, Title Date April 11, 2023
See attachement
Item 1R - Page 119
Motorola Solutions,
Inc. 500 W. Monroe, Floors
37-44
Chicago, Illinois 60661
Effective: March 10, 2022
Executive Committee
Gregory Q. Brown Chairman and Chief Executive Officer
Jason J. Winkler Executive Vice President and Chief Financial Officer Mark S. Hacker Executive Vice President, General Counsel & Chief Administrative Officer
John P. Molloy Executive Vice President and Chief Operating Officer Mahesh Saptharishi Executive Vice President & Chief Technology Officer Rajan S. Naik Senior Vice President, Strategy & Ventures Cynthia Yazdi Senior Vice President, Chief of Staff, Communications & Brand Katherine A. Maher Corporate Vice President and Chief Accounting Officer Board of Directors
Gregory Q. Brown
(Chairman)
Kenneth D. Denman
Egon P. Durban
Ayanna M. Howard
Clayton M. Jones
Judy C. Lewent
Gregory K. Mondre
Joseph M. Tucci
Item 1R - Page 120
- MOTOROLA SOLUTIONS
MSI Shareholders - 5% or Greater
The following table sets forth information as of December 31, 2021 with respect to any person who is known to be the beneficial owner of more than 5% of Common Stock.

Name and Address
Number of Shares of
Motorola Solutions, Inc.
and Nature of
Beneficial Ownership
Percent of
Outstanding Shares(1)
BlackRock, Inc.
55 East 52nd Street
New York, NY 10055
14,324,480(2)
shares of
Common Stock 8.5%
Capital World Investors
333 South Hope Street, 55th Floor
Los Angeles, CA 90071
10,248,698(3)
shares of
Common Stock 6.1%
The Vanguard Group
100 Vanguard Blvd.

Malvern, PA 19355
18,547,606(4)
shares of
Common Stock 10.98%
(1) The percentage calculations set forth above are based on 168,897,488 shares of Common Stock outstanding as of October 2, 2021.
(2) Solely based on information in a Schedule 13G/A Amendment No. 9 filed with the SEC on February 1, 2022 by BlackRock, Inc.

The Schedule 13G/A indicates that as of December 31, 2021, BlackRock, Inc., as the parent holding company, was the beneficial owner with sole voting power as to 12,562,856 shares, sole dispositive power as to 14,324,480 shares and no shared voting or dispositive power over any shares.
(3) Solely based on information in a Schedule 13G filed with the SEC on February 11, 2022 by Capital World Investors. The Schedule 13G indicates that as of December 31, 2021 Capital World Investors was the beneficial owner with sole voting power as to 10,232,345 shares, sole dispositive power as to 10,248,698 shares and no shared voting or dispositive power over any shares.
(4) Solely based on information in a Schedule 13G/A Amendment No. 7 filed with the SEC on February 9, 2022 by The Vanguard Group. The Schedule 13G/A indicates that as of December 31, 2021, The Vanguard Group was the beneficial owner with shared voting power as to 266,831 shares, sole dispositive power as to 17,869,506 shares, shared dispositive power as to 678,100 shares and no sole voting power over any shares.

Item 1R - Page 121
ATTACHMENT "C"
Item 1R - Page 122
Motorola Solutions, Inc.
10680 Treena St., Suite 200
San Diego, CA 92131
July 18th, 2022
Capt. Desmarais
City of Palm Springs Police Department
Subject: Motorola Solutions Sole Source- ASTRO25 APX RADIO EQUIPMENT/PSAP Migration Dear Capt. Desmarais:

Motorola Solutions, Inc. (“Motorola”) is the market leader in radio communications systems and products for the U.S. Government and Public Safety Market and is pleased to have the City of Palm Springs Police Department, CA as a valued customer. The ASTRO25 radio subscribers we design and manufacture contain proprietary hardware and software components which are not commercially available except through Motorola and its channel partners.

The Motorola Radio Equipment and Options that will be purchased by the City of Palm Springs can be used on their existing Motorola ASTRO P25 Trunked System that both ERICA and PSEC agencies currently operate. These radios will operate on P25 Trunked equipment that has proprietary features operating on Motorola solutions core equipment located at PSEC Master Site operated by the Riverside County Sheriffs.

Additionally, migration services will need to be performed in order to transition the City Palm Springs’ Motorola MCC7500 dispatch consoles from the ERICA radio system to Riverside County’s P25 PSEC radio system. This migration will entail hardware and software upgrades to the console site as well as networking and configuration changes. The ERICA P25 Core will also need to be accesses and reconfiguration performed. Motorola’s public safety security requirements dictate that this work be done by Motorola and Motorola trained engineers. Cutover downtime and equipment functionality is of the utmost priority and concern.

If you have any questions regarding our radio equipment, please contact your Account Executive, Joshua Asbill 951 285 7996.

Sincerely,
Motorola Solutions, Inc.

Joshua Asbill
Sr. Account Executive
Item 1R - Page 123
• MOTOROLA SOLUTIONS

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

APPROVE AND AUTHORIZE THE SUBMITTAL OF CALIFORNIA OFFICE OF EMERGENCY MANAGEMENT FORM CALOES 130 DESIGNATING PERSONNEL

TO ACT AS THE AGENT FOR THE CITY WHEN SEEKING FINANCIAL

ASSISTANCE AFTER A DISASTER
RECOMMENDATION:

Approve the CalOES Form 130 Disaster Designees as the City Manager, Fire Chief, and Director of Finance and Treasury.

1. 2. Direct the City Clerk to certify the CalOES Form 130.

Direct the Emergency Management Coordinator to transmit CalOES Form 130 to the California Office of Emergency Services.

3. Attachments
Item 1S

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 CONSENT CALENDAR
SUBJECT: APPROVE AND AUTHORIZE SUBMITTAL OF CALIFORNIA OFFICE OF EMERGENCY MANAGEMENT FORM CALOES 130 DESIGNATING

PERSONNEL TO ACT AS THE AGENT FOR THE CITY WHEN SEEKING

FINANCIAL ASSISTANCE AFTER A DISASTER
FROM: Scott C. Stiles, City Manager
BY: Fire Department, Emergency Management
SUMMARY:

Staff is recommending the City Council approve California Office of Emergency Services (CalOES) Form 130, which designates the City's Applicant Agents when seeking financial assistance or reimbursement after a Governor or Presidential Disaster Proclamation.

RECOMMENDATION:

1. Approve the CalOES Form 130 Disaster Designees as the City Manager, Fire Chief, and Director of Finance and Treasury.

2. Direct the City Clerk to certify the CalOES Form 130.

3. Direct the Emergency Management Coordinator to transmit CalOES Form 130 to the California Office of Emergency Services.

STAFF ANALYSIS:

The California Office of Emergency Services (CalOES) Form 130 authorizes the positions listed to execute for and on behalf of the City of Palm Springs for the purpose of obtaining certain Federal financial assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, as amended, 42 U.S.C. 5121 et seq., and Related authorities as of April 2013, and/or State financial assistance under the California Disaster Assistance Act (CDAA).

The positions designated on CalOES Form 130 are the City Manager, Fire Chief, and the Director of Finance and Treasury. This form will be formally approved by the Palm Springs City Council and maintained on file with the City Clerk's office. This form is valid for three years.

Item 1S - Page 1
City Council Staff Report
April 27, 2023 – Page 2
CalOES Form 130 Disaster Designee Form
The California Disaster Assistance Act (CDAA) in Title 2, Division 1, Chapter 7.5 of the California Code provides State financial assistance for recovery efforts for counties, cities, and/or special districts after a State disaster has been proclaimed. CDAA can be implemented as a "stand alone" funding source following a Director of California Office of Emergency Services Concurrence for a local emergency or a Governor's Proclamation when there is no federal declaration.

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, P.L. 93-288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities as of April 2013, provides Federal financial assistance for Individual and/or Public Assistance after a Federal Major Disaster or Emergency Declaration is proclaimed. Public Assistance can include response, recovery, and mitigation after an Emergency or Major Disaster Declaration.

Individual Assistance can include recovery and/or mitigation after a Major Disaster Declaration is proclaimed.

FISCAL IMPACT:

The State requires CalOES Form 130 for the City to receive State and/or Federal financial assistance. Non-approval will result in loss of available state and federal funding for emergency and disaster management.

REVIEWED BY:

Fire Chief: Jason Loya
Acting Director of Finance: Kristopher J. Mooney
City Manager: Scott Stiles
ATTACHMENTS:

A.) CalOES Form 130
B.) Authorized Agents
Item 1S - Page 2

ATTACHMENT A

Item 1S - Page 3

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
Item 1S - Page 4
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
Item 1S - Page 5
•
•
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
Item 1S - Page 6
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
Item 1S - Page 7

ATTACHMENT B
Item 1S - Page 8
•An Approved Contact may be designated by an AA to request or receive information on grant payment status. Add them by inputting their information below. (Ex. Accounting/Admin offices) Must use an official email URL. Email Approved Contact Name Approved Contact Title Email Address Pkg? Email
Pkg?
List of Authorized Agents
OES ID:

Entity Name:

Authorized Agent Name Authorized Agent Title Email Address • Enter each Authorized Agent (AA) as listed on the Designation of Applicant's Agent Resolution (Cal OES 130) for Non-State Agencies or as it appears on the Signature Authority (Cal OES 130SA) for California State Agencies.• Check box to receive electronic copies of Cal OES Notification of Obligation and/or Payment packages. (Minimum 1 AA.)• Email addresses must use an email that shares the official entity URL.

Please use a second page if more space is needed.

Cal OES AA Names - Revised 9/2020
Item 1S - Page 9 CalOES GiOYER OR "S OFFICE '-.~ / OF EHEAOEl-tCY SERVICES .____ ________.
---------' ---------' D
.____ ________.
---------' ---------' D
.____ ________.
---------'
____ _____. D
.____ ________.
---------'
____ _____. D
.____ ________.
---------' ._______ _____. D
.____ ________.
---------' ._______ _____. D
.____ __ ______.
---------' ---------' D
.____ __ ______.
---------'
____ _____. D

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM

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

AS LEAD PUBLIC AGENCY, WITH THE BOYS AND GIRLS CLUB OF PALM

SPRINGS TO ACCEPT GRANT FUNDING FROM THE CALIFORNIA BOARD OF STATE AND COMMUNITY CORRECTIONS PROPOSITION 64 PUBLIC HEALTH

AND SAFETY GRANT
RECOMMENDATION:

Adopt a Resolution authorizing the City Manager or City Manager’s designee to 1) accept the grant for the Proposition 64 Public Health and Safety Grant Program Cohort 3 in the amount of $3,000,000 and execute the grant agreement with the Board of State and Community Corrections (BSCC); 2) establish the Proposition 64 Public Health and Safety Grant Project; 3) establish the revenue and expenditure budgets for the amount up to $3,000,000 in the Operating Grants Fund.

Attachments
Item 1T

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 CONSENT CALENDAR
SUBJECT: ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY OF PALM

SPRINGS, SERVING AS LEAD PUBLIC AGENCY, WITH THE BOYS AND

GIRLS CLUB OF PALM SPRINGS TO ACCEPT GRANT FUNDING FROM

THE CALIFORNIA BOARD OF STATE AND COMMUNITY
CORRECTIONS PROPOSITION 64 PUBLIC HEALTH AND SAFETY
GRANT
FROM: Scott C. Stiles, City Manager
BY: Department of Special Program Compliance
SUMMARY:

Staff seeks approval of a resolution to accept grant funding in the amount of $3,000,000 through the California Board of State and Community Corrections (BSCC) to focus on the individual and systemic impacts of cannabis legalization. Grant funds will be utilized to develop resources to address adolescent cannabis offenses; decrease cannabis use among youth ages 12-18; increase youth and adult connections to build resiliency; and, provide dedicated public safety personnel to assist with cannabis enforcement. The City will serve as lead public agency working with the Boys and Girls Club of Palm Springs.

RECOMMENDATION:

Adopt a Resolution authorizing the City Manager or City Manager’s designee to 1) accept the grant for the Proposition 64 Public Health and Safety Grant Program Cohort 3 in the amount of $3,000,000 and execute the grant agreement with the Board of State and Community Corrections (BSCC); 2) establish the Proposition 64 Public Health and Safety Grant Project; 3) establish the revenue and expenditure budgets for the amount up to $3,000,000 in the Operating Grants Fund.

BACKGROUND:

In November 2016, California voters approved Proposition 64, The Control, Regulate and Tax Adult Use of Marijuana Act (AUMA). AUMA legalized the recreational use of cannabis in California for individuals 21 years of age and older. Proposition 64 provides that a portion of the tax revenue from cultivation and retail sale of cannabis or cannabis products Item 1T - Page 1
City Council Staff Report
April 27, 2023 -- Page 2
Cannabis Prop. 64 Grant Funding
will be appropriated to the BSCC for making grants to local governments to assist law enforcement, fire protection, or other local programs addressing public health and safety associated with the implementation of AUMA. This includes youth development programs designed to improve the lives of children and adolescents by meeting their basic physical, developmental, and social needs and by helping them to build the competencies needed to become successful adults.

In January 2021 the City, serving as lead agency with the Boys and Girls Club Palm Springs (BGCPS) secured a BSCC Cohort 2 Proposition Health and Safety Grant Award in the amount of $1,000,000. These funds were utilized to develop and construct the Cannabis Education Center (“CEC”), which will open May 2023. The CEC will provide education to prevent and divert youth from criminal behavior, decrease cannabis use among youth, and increase youth and adult connections.

More information about the Proposition 64 Public Health and Safety Grant Program can be found here:
https://www.bscc.ca.gov/proposition-64-public-health-safety-grant-program/ The grant intends for grantors to implement plans using a multi-system approach to leverage collaboration across agencies. The plan for the City of Palm Springs is to utilize this approach by partnering with the Boys and Girls Club of Palm Springs, a non-profit, charitable organization formed to serve the guidance and character-building needs of Palm Springs youth. The Boys and Girls Club of Palm Springs serves over 1,700 boys and girls annually.

STAFF ANALYSIS:

The juvenile justice and youth education systems recognize that only criminalization of cannabis use is an ineffective strategy to deter youth from using it, yet resources, such as youth education and counseling services, infrastructure and capacity are lacking to effectively intervene. This has left youth to navigate peer and societal pressures of cannabis on their own and has often led to punitive actions such as suspensions and juvenile justice engagement. Recognizing the need to provide youth development/ prevention and intervention activities, the Boys and Girls Club of Palm Springs will use grant funds to create a unique community education center. The proposed plan for the center implements a three-category approach:

1. Creating a unique community education center.

2. Ensuring the safe, healthy development of at-risk youth.

3. Providing the community with accessible resources.

The $3,000,000 grant funds will be expended over the course of three years for the continued funding and development of the CEC.

Item 1T - Page 2
City Council Staff Report
April 27, 2023 -- Page 3
Cannabis Prop. 64 Grant Funding
ENVIRONMENTAL ASSESSMENT:

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

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:

The projected cost to operate the Boys and Girls Club Center and staffing is $3,000,000 and will be funded with grant funds. There is no required City match.

REVIEWED BY:

Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Proposed Resolution
Item 1T - Page 3
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE

CITY OF PALM SPRINGS, SERVING AS LEAD PUBLIC

AGENCY, WITH THE BOYS AND GIRLS CLUB OF PALM

SPRINGS TO ACCEPT GRANT FUNDING FROM THE

CALIFORNIA BOARD OF STATE AND COMMUNITY
CORRECTIONS PROPOSITION 64 PUBLIC HEALTH
AND SAFETY GRANT.

THE CITY COUNCIL OF PALM SPRINGS FINDS:

WHEREAS, the members of the California Legislature have recognized the need for Proposition 64 Public Health and Safety grant funding; and WHEREAS, the City of Palm Springs supports the development of substance use disorder prevention, outreach and education services for youth as an alternative to suspension and/or probation for drug-related issues; and WHEREAS the City of Palm Springs, serving as lead public agency, with the Boys and Club of Palm Springs desire to participate in the Proposition 64 Public Health and Safety Grant Program funded through the California State and Local Government Law Enforcement account and administered by the Board of State and Community Corrections (hereafter referred to as the BSCC).

NOW, THEREFORE, BE IT RESOLVED that the City Manager or City Manager’s designee be authorized on behalf of the City of Palm Springs to submit the grant proposal for the funding and sign the Grant Agreement with the BSCC, including any amendments thereof.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

BE IT FURTHER RESOLVED that the City of Palm Springs agrees to abide by the terms and conditions of the Grant Agreement as set forth by the BSCC.

ADOPTED THIS ___TH DAY OF ________________, _________.

SCOTT STILES

CITY MANAGER
ATTEST:

Item 1T - Page 4
Resolution No. _____

Page 2 ends

Brenda Pree, City Clerk
City of Palm Springs, California

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

Brenda Pree, City Clerk
City of Palm Springs, California
Item 1T - Page 5

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

APPROVE EXPENDITURE IN THE AMOUNT OF $10,000 FOR THE “PALM SPRINGS WELCOMES YOU” MURAL PROJECT AT THE PALM SPRINGS INTERNATIONAL AIRPORT in the regional terminal BREEZEWAY RECOMMENDATION:

Approve the expenditure of Public Art Funds in the amount of $10,000 for the “Palm Springs Welcomes You” mural at the Palm Springs International Airport.

Attachments
Item 1U

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 CONSENT CALENDAR
SUBJECT: APPROVE EXPENDITURE IN THE AMOUNT OF $10,000 FOR THE “PALM SPRINGS WELCOMES YOU” MURAL PROJECT AT THE PALM

SPRINGS INTERNATIONAL AIRPORT IN THE REGIONAL TERMINAL

BREEZEWAY
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:

The Public Arts Commission recommends the City Council approve the expenditure of Public Arts Funds in the amount of $10,000 to be used for the “Palm Springs Welcomes You” mural project (Artwork) at the Palm Springs International Airport (PSP) to be located in the breezeway connecting the International Concourse with the Regional Terminal, situated between the bathrooms and water fountain (Attachment A).

RECOMMENDATION:

Approve the expenditure of Public Art Funds in the amount of $10,000 for the “Palm Springs Welcomes You” mural at the Palm Springs International Airport.

BACKGROUND:

In November 2022, the Public Arts Commission Vice-Chair met with Airport Staff and a representative of the Airport Commission to review potential locations and concepts for public arts at Palm Springs International Airport.

In December 2022, the Public Arts Commission Vice-Chair presented the concept at a meeting of the Palm Springs Airport Commission.

On January 18, 2023, at a Public Arts Commission meeting, the Public Arts Commission voted unanimously to recommend using $10,000 of Public Arts Funds for the proposed Artwork.

Item 1U - Page 1
City Council Staff Report
April 27, 2023 -- Page 2
Palm Springs Welcomes You Mural
STAFF ANALYSIS:

The Public Arts Commission recommends the City Council approve expenditure of Public Arts Funds in the amount of $10,000 to be used for the Artwork at PSP recommended for the breezeway connecting the International Concourse with the Regional Terminal, situated between the bathrooms and water fountain as shown below in Image 1 and in Attachment A.

Image 1
Proposed Mural Location
It is the intent of the Public Arts Commission to create an annual program where passengers at PSP are greeted by a mural painted by Coachella Valley artists. The Artwork will portray Palm Springs’ rich culture and history, its multicultural spirit, vivid colors, beauty, and diversity of people. It is anticipated that travelers will also help promote the Artwork, and the City, with photographs of themselves in front of the Artwork on their social medial accounts. The proposed project is further described in the Public Arts Commission Project Statement (Attachment B).

Item 1U - Page 2
City Council Staff Report
April 27, 2023 -- Page 3
Palm Springs Welcomes You Mural
After a call for artists has been completed, staff will return to City Council for approval of the proposed Artwork.

ENVIRONMENTAL ASSESSMENT:

Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA.

In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15304 "Minor Alterations to Land," Class 4 projects consist of "minor public or private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes" and approval of this item is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

Section 2.24.050 of the Palm Springs Municipal Code requires the Public Arts Commission to, “Be responsible for a Palm Springs public arts program including policies and guidelines, oversight of development of art projects and maintenance of art collection.”
FISCAL IMPACT:

Approval of this action will authorize the expenditure of $10,000 of Public Arts Funds from the Public Arts Fund account 1502550-60030, Public Art - Acquisition.

REVIEWED BY:

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

A. Mural Location
B. Public Art Commission Project Statement
Item 1U - Page 3

ATTACHMENT A

MURAL LOCATION
Item 1U - Page 4
Gate 4

ATTACHMENT B
Public Art Commission Project Statement
Item 1U - Page 5
The “Palm Springs Welcomes You” project
An airport is a place of connections, reunions, and of multicultural intersections.

To welcome visitors to the Palm Springs Airport, The Palm Springs Public Arts Commission will create an annual program where tourists will be greeted by a mural painted by Coachella Valley artist. This artwork will capture the multicultural spirit of the greater Palm Springs area on the airport’s regional concourse.

With a bold color palette and the phrase “Palm Springs Welcomes You,” the mural will give the thousands of travelers who pass through the airport concourse each day their first glimpse of Palm Springs, and the valley’s rich culture and history.

Designed with vivid, and complementary colors that speak to the beauty and diversity of the people and sights in our area, this mural will illustrate the welcoming spirit of the greater Palm Springs community and encourage visitors to document themselves in front of the art, and post on their social media accounts.

Protected by an overhang, the proposed wall for the mural is situated between the bathrooms and water fountain, and which are immediate stops upon de-boarding the plane.

The mural will be redesigned and reapplied on an annual basis, with strong efforts made to select an artist representing a different aspect and region of the area.

The greater Palm Springs community is creative, vibrant and innovative, and through this mural project, The Palm Springs Public Arts Commission is ensuring visitors immediately have that multicultural impression of our area from the moment they step off an airplane.

This rotating muralist program will generate community pride, and ensure that art at the airport continues to complement and build upon the airport’s rich visual legacy.

Next steps:
-Approve budget- 10k
-Approve artist
-Airport Commission give final approval on concept.
-Present to council
Item 1U - Page 6
Item 1U - Page 7

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

AWARD OF A CONSTRUCTION CONTRACT TO PACIFIC WEST
UNDERGROUND, INC. IN THE AMOUNT OF $648,135 FOR THE ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17
RECOMMENDATION:

Award the construction contract to Pacific West Underground, Inc., a California corporation, in the amount of $648,135 for the Arnico Phase 4 Sewer Improvements, City Project No. 21-17.

1. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $64,813 (10%) with all change orders reported to the City Council at project completion.

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

Attachments
Item 1V

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 CONSENT CALENDAR
SUBJECT: AWARD OF A CONSTRUCTION CONTRACT TO PACIFIC WEST UNDERGROUND, INC. IN THE AMOUNT OF $648,135 FOR THE
ARNICO PHASE 4 SEWER IMPROVEMENTS, CITY PROJECT 21-17
FROM: Scott C. Stiles, City Manager
BY: Engineering Services Department
SUMMARY:

Award of this contract will allow the City to proceed with construction of a new sewer main, sewer laterals and the abandonment of septic tanks for the Phase 4 Arnico Tract sewer improvements.

RECOMMENDATION:

1. Award the construction contract to Pacific West Underground, Inc., a California corporation, in the amount of $648,135 for the Arnico Phase 4 Sewer Improvements, City Project No. 21-17 (the “Project”).

2. Delegate authority to the City Manager or designee to approve and execute construction contract change orders up to a total amount of $64,813 (10%) with all change orders reported to the City Council at project completion.

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

BUSINESS PRINCIPAL DISCLOSURE:

The Public Integrity Disclosure form from Pacific West Underground, Inc. is included as Attachment A.

BACKGROUND:

On March 17, 2010, the City Council approved $266,000 of Community Development Block Grant (CDBG) funds for the design of a sewer system for the Arnico Tract. The Arnico Tract was developed in the 1990’s within unincorporated Riverside County and all homes within the development were connected to septic systems. At the time, the Item 1V - Page 1
City Council Staff Report
April 27, 2023 -- Page 2
Award Construction Contract Arnico Sewer CP 21-17
estimated cost of the project was approximately $1,200,000. Funds to complete the entire project were not available and Staff initiated a phased approach to the design and construction of the project.

In July of 2011, the City Council approved $630,000 of CDBG funds to construct Phase 1 and Phase 2 of the four-phase project. The project was publicly bid and the resulting bids to construct Phase 1 and Phase 2 exceeded the available CDBG funds. The project had to be modified and only a small segment of Phase 2 was constructed, with no home connections or septic systems abandonment possible.

Between April of 2012 and March of 2013, Staff continued to explore different avenues to fund and construct the project. CDBG funds were limited and not available for the private on-site work that included home connections or septic system abandonment. The City Council approved $164,070 of Measure J funds to continue work and complete Phase 2 and Phase 3 of the project. At the time, Staff indicated that funds for Phase 4 of the project were not available and recommended that future Measure J funds be set aside to complete the project.

STAFF ANALYSIS:

On February 22, 2023, the Engineering Services Department advertised the Project to plan rooms, the local paper and through the City’s online procurement program PlanetBidsTM to allow the submissions of bids electronically.

On March 28, 2023, the Engineering Services Department received five bids from the following contractors:

Company Location Bid Amount
Pacific West Underground, Inc. Yucaipa, CA $648,135.00
Jacobsson Engineering Palm Desert, CA $733,617.99
Tri-Star Contracting II Desert Hot Springs, CA $748,221.81 The Van Dyke Corporation 29 Palms, CA $849,156.00
Ferreira Construction Co. Rancho Cucamonga, CA $1,126,915.00 Pacific West Underground submitted the lowest responsive bid in the amount of $648,135. The engineer’s estimate for the Project was originally $650,000. A copy of the construction agreement is included as Attachment B.

ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines Section 15303 “New Construction or Conversion of Small Structures”, Class 3 projects consist of water main, sewage, electrical, gas, and other utility extensions, including street improvements, of reasonable length to serve such construction. The City is extending its Item 1V - Page 2
City Council Staff Report
April 27, 2023 -- Page 3
Award Construction Contract Arnico Sewer CP 21-17
sewage service. Therefore, Staff has determined that the Arnico Phase 4 Sewer Improvements, City Project No. 21-17, is considered categorically exempt from CEQA.

ALIGNMENT WITH STRATEGIC PLANNING:

This Project aligns with City Council Priority 3A – Improve City Facilities – and will assist in implementing the strategic planning task to Prioritize Deferred Maintenance.

FISCAL IMPACT:

The budget for the Project was $785,000 in Measure “J” funds. An accounting of the Project budget is shown in Table 1 below.

TABLE 1
Project Accounting Amount
Budgeted Measure “J” Funds $785,000
Construction Contract ($648,135)
Contingency (10%) ($64,813)
Administration, Engineering, Construction Support ($72,052) Budget Remaining $0
REVIEWED BY:

City Engineer: Joel Montalvo
Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Public Integrity Disclosure Form
B. Construction Agreement
Item 1V - Page 3
Attachment A
Item 1V - Page 4
Item 1V - Page 5

PUBLIC INTEGRITY DISCLOSURE APPLICANT DISCLOSURE FORM

1. Name of Entity
?~'°'c. ~~ IJJ~ ~ t-1 D -:!..>L

2. Address of Entity (Principle Place of Business)
32\4"""\. bu i-l \ p.f> 6 \-.Jd.. ·, Sv-'.. -i.ts ~ . '1 "~ ~t),. \ Cb. q-z..·y,c,

3. Local or California Address (if different than #2)
~"2-\4'\ 'Dv,J\~ ~, "~ ·, s....:.~ 'L . ~0 ~~p.. \ CA C\2~<,9

4. State where Entity is Registered with Secretary of State U>'--' ~ ·.o..

If other than California, is the Entity also registered in California? • Yes • No

5. l ype of Entity
~ Corporation • Limited Liability Company • Partnership • Trust • Other (please specify)

6. Officers, Directors, Members, Managers, Trustees, Other Fiduciaries (please specify) Note: If any response is not a natural person, please identify all officers, directors, members, managers and other fiduciaries for the member, manager, trust or other entity "Dew it> "Dv<7€.~~ ~ Officer • Director • Member • Manager • General Partner • Limited Partner
• Other
~',\\l'Jt,, t>v~ ~LG.G,{2___ ~ Officer • Director • Member • Manager • General Partner • Limited Partner
• Other
• Officer D Director • Member • Manager
• General Partner • Limited Partner
• Other

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM
ARNICO STREET SEWER IMP PHASE 4
CITY PROJECT NO. 21-17
FEB 2023

Page 1 of 2 ends

Item 1V - Page 6

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

Jane Doe 50%, ABC Company, Inc.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
A.

DON, o µ..) a&J~€?<2--- '::>or. , "~c.- v'.)e.4>, vrJ~~J..,c [name of owner/investor] [percentage of beneficial interest in entity and 'tile... name of entitvl
B.
~C:,'"1 ' I-,) lS, 'b..,~~6(L- Sot ylp..c..:. '>...c... ~ \.) ~ (2.o...;,.Jp '!c,J C. [name of owner/investor) [percentage of beneficial interest in entity and name of entity]
C.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
D.
[name of owner/investor] [percentage of beneficial interest in entity and name of entity]
E.
[name of owner/investor) [percentage of beneficial interest in entity and name of entity]

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
, Printed Name, Title Date

PENALTIES
Falsification of information or failure to report information required to be reported may subject you to administrative action by the City.

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Page 2 of 2 ends

ARNICO STREET SEWER IMP PHASE 4
CITY PROJECT NO. 21-17
FEB 2023
Attachment B
Item 1V - Page 7
Revised 2.9.22 Page 1 of 5

AGREEMENT
(CONSTRUCTION CONTRACT)
THIS AGREEMENT made this day of , 20 , by and between
the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under and by virtue of the laws of the State of California, hereinafter designated as the City, and Pacific West Underground, Inc., a California corporation, hereinafter designated as the Contractor.

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

ARTICLE 1 -- THE WORK
For and in consideration of the payments and agreements to be made and performed by City, Contractor agrees to furnish all materials and perform all work required to complete the Work as specified in the Contract Documents, and as generally indicated under the Bid Schedule(s) for the Project entitled:

ARNICO STREET SEWER IMPROVEMENTS PROJECT
PHASE 4
CITY PROJECT NO. 21-17
The Work comprises the installation of approximately 701 linear feet of eight-inch VCP sewer main, 48-inch diameter manholes, four-inch VCP sewer laterals, private property sewer replumbs, and septic tank abandonments, along with all necessary trenching, trench repair, site restoration, demolition and replacement, easement fencing, building department permitting, and other elements of work as described in the contract documents and as required for a complete project.

ARTICLE 2 -- COMMENCEMENT AND COMPLETION
The Work to be performed under this Contract shall commence on the date specified in the Notice to Proceed by the City, and the Work shall be fully completed within the time specified in the Notice to Proceed.

The City and the Contractor recognize that time is of the essence of this Agreement, and that the City will suffer financial loss if the Work is not completed within the time specified in Article 2, herein, plus any extensions thereof allowed in accordance with applicable provisions of the Standard Specifications, as modified herein. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and the Contractor agree that as liquidated damages or delay (but not as a penalty), the Contractor shall pay the City the sum specified in Section 6-9 of the Special Provisions for each calendar day that expires after the time specified in Article 2, herein. In executing the Agreement, the Contractor acknowledges it has reviewed the provisions of the Standard Specifications, as modified herein, related to liquidated damages, and has made itself aware of the actual loss incurred by the City due to the Item 1V - Page 8
Revised 2.9.22 Page 2 of 5
inability to complete the Work within the time specified in the Notice to Proceed. This Section does not exclude recovery of other damages specified in the Contract Documents.

Liquidated damages may be deducted from progress payments due Contractor, Project retention or may be collected directly from Contractor, or from Contractor's surety. These provisions for liquidated damages shall not prevent the City, in case of Contractor's default, from terminating the Contractor.

ARTICLE 3 -- CONTRACT PRICE
The City shall pay the Contractor for the completion of the Work, in accordance with the Contract Documents, in current funds the Contract Price(s) named in the Contractor's Bid Proposal and Bid Schedule(s), and any duly authorized Construction Contract Change Orders approved by the City. The amount of the initial contract award in accordance with the Contractor’s Bid Proposal is $648,135.00.

Contractor agrees to receive and accept the prices set forth herein, as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder.

Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and, also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension of discontinuance of the Work, and all other unknowns or risks of any description connected with the Work.

ARTICLE 4 -- THE CONTRACT DOCUMENTS
The Contract Documents consist of the Notice Inviting Bids, Instructions to Bidders, the prevailing rate of per diem wages as determined by the Director of the California Department of Industrial Relations, the accepted Bid and Bid Schedule(s), List of Subcontractors, Local Business Preference Program – Good Faith Efforts, Non- Discrimination Certification, NonCollusion Declaration, Bidder's General Information, Bid Security or Bid Bond, this Agreement, Worker's Compensation Certificate, Performance Bond, Payment Bond, Standard Specifications, Special Provisions, the Drawings, Addenda issued during bidding (if any), and all Construction Contract Change Orders and Work Change Directives which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto.

ARTICLE 5 -- MUTUAL OBLIGATIONS
For and in consideration of the payments and agreements to be made and performed by the City, the Contractor agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.

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

Item 1V - Page 9
Revised 2.9.22 Page 3 of 5
ARTICLE 6 -- PAYMENT PROCEDURES
The Contractor shall submit Applications for Payment in accordance with the Standard Specifications as amended by the Special Provisions. Applications for Payment will be processed by the City Engineer as provided in the Contract Documents.

ARTICLE 7 -- NOTICES
All notices shall be in writing and either served by personal delivery or mailed to the other party. Written notice to the Contractor shall be addressed to Contractor’s principal place of business unless Contractor designates another address in writing for service of notice. Notice to the City shall be addressed to the City as designated in the Notice Inviting Bids unless the City designates another address in writing for service of notice. Notice shall be effective upon receipt or five (5) calendar days after being sent by first class mail, whichever is earlier. Notice given by facsimile shall not be effective unless acknowledged in writing by the receiving party.

ARTICLE 8 -- INDEMNIFICATION
Contractor shall provide indemnification and defense as set forth in Section 7-15 “Indemnification,” of the Special Provisions.

ARTICLE 9 -- PREVAILING WAGES
Contractor agrees to fully comply with all applicable federal and state labor laws including, without limitation California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq. ("Prevailing Wage Laws"). Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its officials, officers, employees, agents and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

Contractor specifically acknowledges and agrees to be bound by the Wage Rates and Labor Code requirements specified in the Contract Documents, including the requirement to furnish electronic certified payroll records directly to the Labor Commissioner (via the Division of Labor Standards Enforcement), and shall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California.

ARTICLE 10 -- CONFLICT OF INTEREST
Contractor acknowledges that no officer or employee of the City has or shall have any direct or indirect financial interest in this Agreement nor shall Contractor enter into any agreement of any kind with any such officer or employee during the term of this Agreement and for one (1) year thereafter. Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement.

Item 1V - Page 10
Revised 2.9.22 Page 4 of 5
ARTICLE 11--NON-DISCRIMINATION
In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin (i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to nondiscrimination in city contracting.

ARTICLE 12 -- MISCELLANEOUS
Terms used in this Agreement which are defined in the Standard Specifications and the Special Provisions will have the meanings indicated in said Standard Specifications and the Special Provisions. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

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

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

SIGNATURES ON NEXT PAGE
Item 1V - Page 11
Revised 2.9.22 Page 5 of 5

SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE CITY OF PALM SPRINGS AND PACIFIC WEST UNDERGROUND, INC.

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

CONTRACTOR:

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

CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No.

APPROVED AS TO FORM: ATTEST:

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

By: _______________________________ Date:

City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000
Item 1V - Page 12

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024 ANNUAL

ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND AUTHORIZATION

FOR SUBMISSION TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT FOR THE FISCAL YEAR 2023–2024 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 49TH PROGRAM YEAR; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY

AGREEMENTS
RECOMMENDATION:

1. Open the Public Hearing for public testimony.

Adopt a Resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2023-2024

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION
PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET FOR FISCAL YEAR 2023-2024 IN THE AMOUNT OF $413,506;

AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE

UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B-23-MC-06-0561 IN THE ESTIMATED AMOUNT OF $413,506 AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS”.

2. Attachments
Item 2A

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 PUBLIC HEARING
SUBJECT: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2023–2024

ANNUAL ACTION PLAN (AAP) AND BUDGET ADOPTION HEARING AND

AUTHORIZATION FOR SUBMISSION TO THE UNITED STATES

DEPARTMENT OF HOUSING & URBAN DEVELOPMENT, FOR THE
FISCAL YEAR 2023–2024 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, 49TH PROGRAM YEAR; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS
FROM: Scott C. Stiles, City Manager
BY: Community & Economic Development Department
SUMMARY:

The Community Development Block Grant (CDBG) Annual Action Plan and Budget (AAP) is prepared by the City every year pursuant to requirements set forth by the U.S.

Department of Housing & 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 CDBG funded community development activity in the City. This action adopts a resolution to approve the 2023-2024 AAP. The resolution (Attachment A) also authorizes the City Manager to execute all agreements with U.S. Department of Housing & Urban Development (HUD) as well as the Community Development Block Grant (CDBG) program’s subrecipients, including City Departments.

RECOMMENDATION:
1) Open the Public Hearing for public testimony.
2) Adopt Resolution No. _____, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE 2023-2024

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION
PLAN; APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
BUDGET FOR FISCAL YEAR 2023-2024 IN THE AMOUNT OF $413,506;

AUTHORIZING THE SUBMITTAL OF THE PLAN AND BUDGET TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD); AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B-23-MC-06-0561 IN THE Item 2A - Page 1
City Council Staff Report
April 27, 2023 – Page 2
CDBG 2023 – 2024 Annual Action Plan Public Hearing No. 2 ESTIMATED AMOUNT OF $413,506 AND TO EXECUTE THE SUBRECIPIENT AGREEMENTS”.

BACKGROUND:

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 in 1974 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.

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.

On March 23, 2023, the City Council held a public hearing for the 2023-2024 AAP (Attachment C). The AAP was made available for public review for a period of 30 days (March 25, 2023, to April 23, 2023), as required by HUD.

STAFF ANALYSIS:

On February 27, 2023, the City was notified its allocation of CDBG funds for Fiscal Year 2023-2024 is $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.

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 2023- 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
Item 2A - Page 2
City Council Staff Report
April 27, 2023 – Page 3
CDBG 2023 – 2024 Annual Action Plan Public Hearing No. 2 2023-2024 ANNUAL ACTION PLAN RECOMMENDATIONS
At the February 21, 2023, City Council meeting the City Council recommended allocating the CDBG funds as follows:

Administration
(20%)
Public Services
(15%) Program
Expenditure Limit 82,701 55,000 268,779
Transfer In From Administration 82,701
Transfer In From Public Services 7,026
Proposed Allocation
Staffing and Contractual Services 0
Public Services (Fair Housing) 55,000
Residential Rehabilitation
Program 358,506
Transfer Out to Programmatic
Fund -82,701 -7,026
Total Allocation 0 55,000 358,506
As requested by City Council, the allowable maximum amount of CDBG funds for Administration, $82,701 (20% of the award), has been added to the Residential Rehabilitation Program. In addition, the estimate for Fair Housing Services was reduced from $62,026 to $55,000 based on estimates from the Fair Housing Council making an additional $7,026 available for 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 owneroccupied, 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 $358,506.

Item 2A - Page 3
City Council Staff Report
April 27, 2023 – Page 4
CDBG 2023 – 2024 Annual Action Plan Public Hearing No. 2 Public Services:

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

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 $55,000.

Upon approval of the AAP by City Council, the AAP will be submitted to HUD on May 1, 2023, for its review and approval.

ENVIRONMENTAL IMPACT:

The recommended action 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 $413,506 CDBG entitlement.

REVIEWED BY:

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

A. Resolution
B. 2020-2024 ConPlan Goals
C. Draft 2023-2024 Annual Action Plan
Item 2A - Page 4

ATTACHMENT A

Item 2A - Page 5
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE 2023-
2024 COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ANNUAL ACTION PLAN; APPROVING THE

COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET
FOR FISCAL YEAR 2023-2024 IN THE AMOUNT OF
$413,506; AUTHORIZING THE SUBMITTAL OF THE PLAN

AND BUDGET TO THE UNITED STATES DEPARTMENT
OF HOUSING & URBAN DEVELOPMENT (HUD); AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE
APPROVAL/AGREEMENT WITH HUD – GRANT # B-23-
MC-06-0561 IN THE AMOUNT OF $413,506 AND TO
EXECUTE THE SUBRECIPIENT AGREEMENTS.

WHEREAS, as a Community Development Block Grant entitlement community, the City of Palm Springs is required to prepare and submit a Five-Year Consolidated Plan and Annual Action Plan for the use of the federal funds received; and WHEREAS, the City of Palm Springs is eligible to receive an entitlement of $413,506 of Community Development Block Grant funds under the U.S. Department of Housing & Urban Development regulations; and
WHEREAS, these funds, totaling $413,506, must be used for eligible activities which principally benefit low- and moderate-income persons; and WHEREAS, the City Council held two public hearings on March 23, 2023, and April 27, 2023, to receive public input on the allocation of these funds;

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

SECTION 1. The 2023-2024 Annual Action Plan is hereby approved. The City Manager or his designee is authorized to submit the Annual Action Plan, which accurately reflects the 2023-2024 CDBG budget and projects approved by the City Council to the United States Department of Housing & Urban Development.

Item 2A - Page 6
Resolution No. _______

Page 2 of 4 ends

SECTION 2. The total Community Development Block Grants funds available for 2023- 2024, by authorized category of basic eligibility, are approved as follows:
2023-2024 CDBG FUNDING ELIGIBILITY CATEGORIES
Public Facilities, Capital Improvements, $268,779
and Residential Rehabilitation
Public Services $ 62,026
TOTAL PROGRAMMATIC FUNDS (80%) $330,805
ADMINISTRATION (20%) $ 82,701
TOTAL CDBG 2023–2024 FUNDING $413,506
SECTION 3. The City Manager is hereby authorized to accept and execute the Funding Approval/Agreement with HUD – Grant #: B-23-MC-06-0561 in the amount of $413,506, for the Fiscal Year 2023-2024 CDBG Program, 49th Program Year.

SECTION 4. The City Manager is hereby authorized to execute the following Subrecipient Agreements and all necessary documents, in a form acceptable to the City Attorney:
2023-2024 CDBG:

City of Palm Springs Department of Community & Economic Development – Home Repair Program $358,506
Fair Housing Council of Riverside –Fair Housing Services $55,000 Item 2A - Page 7
Resolution No. _______

Page 3 of 4 ends

ADOPTED this ___ day of April 2023.

Scott C. Stiles, City Manager
ATTEST:

Brenda Pree, City Clerk
Item 2A - Page 8
Resolution No. _______

Page 4 of 4 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. ______ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on April __, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Brenda Pree, MMC,CERA, City Clerk
City of Palm Springs, California
Item 2A - Page 9

ATTACHMENT B

Item 2A - Page 10

ATTACHMENT B
2020-2024 ConPlan Goals

HOUSING GOALS
GOAL 1: REMOVE CONSTRAINTS THAT HINDER THE PRODUCTION AND

CONSERVATION OF AFFORDABLE HOUSING UNITS AND ASSIST IN THE

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

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

THAT ALL HOUSING PROGRAMS ARE AVAILABLE WITHOUT

DISCRIMINATION ON THE BASIS OF ACTUAL OR PERCEIVED RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN (I.E., PLACE OF ORIGIN,

IMMIGRATION STATUS, CULTURAL OR LINGUISTIC CHARACTERISTICS,

OR ETHNICITY), SEXUAL ORIENTATION, GENDER IDENTITY, GENDER

EXPRESSION, ANCESTRY, DOMESTIC PARTNER STATUS, MARIITAL

STATUS, AGE, HOUSEHOLD COMPOSITION, INCOME, SIZE, PHYSICL OR

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

HOMELESS GOALS
GOAL 1: SUPPORT OR PROVIDE FUNDING FOR PROGRAMS THAT OFFER

SERVICES AND/OR SUPPORTIVE HOUSING TO ASSIST HOMELESS

INDIVIDUALS AND/OR FAMILIES

NON-HOUSING GOALS
GOAL 1: ESTABLISH NEW AND/OR EXPANDED COLLABORATIONS WITH LOCAL

SERVICE PROVIDERS ON PROJECTS 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 FACILITY IMPROVEMENTS THROUGH DESIGN,

ENERGY-EFFICIENCY, REHABILITATION AND NEW CONSTRUCTION

ECONOMIC DEVELOPMENT
GOAL 1: PROMOTE, MAINTAIN AND/OR EXPAND THE CITY’S ECONOMIC BASE

THROUGH ECONOMIC AND EMPLOYMENT OPPORTUNITIES TO EXISTING

LOCAL BUSINESSES AND PROSPECTIVE BUSINESSES
Item 2A - Page 11

ATTACHMENT C
Item 2A - Page 12
Annual Action Plan
2024
1 ATTACHMENT C
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 households 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 2A - Page 13
Annual Action Plan
2024
2 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 households, 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 2A - Page 14
Annual Action Plan
2024
3 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 2A - Page 15
Annual Action Plan
2024
4 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 2A - Page 16
Annual Action Plan
2024
5 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 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 nonprofit 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 2A - Page 17
Annual Action Plan
2024
6 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 2A - Page 18
Annual Action Plan
2024
7 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 2A - Page 19
Annual Action Plan
2024
8 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 2A - Page 20
Annual Action Plan
2024
9 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 2A - Page 21
Annual Action Plan
2024
10 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 2A - Page 22
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 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.

Item 2A - Page 23
Annual Action Plan
2024
12 Citizen Participation Outreach
Sort Ord
er
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
Nontargeted/broad
community
Residents of
Public and
Assisted
Housing
Citywide
Not Applicable Not Applicable Not Applicable
Item 2A - Page 24
Annual Action Plan
2024
13 Sort Ord
er
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)
2 Internet
Outreach
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Nontargeted/broad
community
Residents of
Public and
Assisted
Housing
Citywide
Not Applicable
Not Applicable
Not Applicable
https://www.palmspringsca.gov/cdb
gprogram
Item 2A - Page 25
Annual Action Plan
2024
14 Sort Ord
er
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)
3 Newspaper Ad
Minorities
Non-English
Speaking -
Specify other
language:

Spanish
Persons with
disabilities
Nontargeted/broad
community
Residents of
Public and
Assisted
Housing
Citywide
Not Applicable Not Applicable Not Applicable
Table 4 – Citizen Participation Outreach
Item 2A - Page 26
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 $2,567,591 during the five years of the Consolidated Plan, and $413,506 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
413,506 0 0 413,506 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 2A - Page 27
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 2A - Page 28
Annual Action Plan
2024
17 If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Not Applicable.

Discussion
Item 2A - Page 29
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 rehabSubstantial
2020 2024 Affordable
Housing
CommunitywideHousing CDBG:
$358,506
Homeowner Housing Rehabilitation: 24
Household Housing Unit
2 Housing Goal 2 - Fair Housing 2020 2024 Fair Housing CommunitywideHousing CDBG:
$55,000
Public service activities for
Low/Moderate Income Housing Benefit:
1000 Households Assisted
Table 6 – Goals Summary
Goal Descriptions
Item 2A - Page 30
Annual Action Plan
2024
19 1 Goal Name Housing Goal 1 – Palm Springs Comm Devpt. & hm rehab-substantial Goal
Description
Homeowner occupied housing repair program for low and moderate income households. 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 2 - 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 (antidiscrimination) rights and landlord/tenant services to the City of Palm Springs Item 2A - Page 31
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 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 2A - Page 32
Annual Action Plan
2024
21 AP-38 Project Summary
Project Summary Information
Item 2A - Page 33
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: $358,506
Description Pilot Homeowner occupied housing repair program for low and moderate income households. 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 low / moderate income households. 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 Services
Target Area Community-wide
Goals Supported Housing Goal 2 - Fair Housing
Needs Addressed Housing
Funding CDBG: $55,000
Item 2A - Page 34
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 2A - Page 35
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 2A - Page 36
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 $ 20,000,000 and the project is currently 50% complete.

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.

Item 2A - Page 37
Annual Action Plan
2024
26 Nevertheless, the City has partnered with third parties in the development of affordable units that 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 and moderate income households through its CDBG owner occupied housing rehabilitation programs.

Item 2A - Page 38
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 2A - Page 39
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 linkages to services.

Addressing the emergency shelter and transitional housing needs of homeless persons Item 2A - Page 40
Annual Action Plan
2024
29 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 Rehousing 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 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, Item 2A - Page 41
Annual Action Plan
2024
30 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 Release (AB109) offenders and assistance for job placement, food, clothing, and counseling services upon release from county and state correctional institutions.

Discussion
Item 2A - Page 42
Annual Action Plan
2024
31 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 rapidrehousing 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 2A - Page 43
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 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 2A - Page 44
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 paint hazards.

Item 2A - Page 45
Annual Action Plan
2024
34 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 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 Item 2A - Page 46
Annual Action Plan
2024
35 involved agencies and organizations to better be able to identify and address needs of this clientele.

Item 2A - Page 47
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 2A - Page 48

CITY COUNCIL STAFF REPORT
04/27/2023
SUBJECT:

AWARD A SERVICE AGREEMENT FOR REPARATIONS PROGRAM SERVICES RECOMMENDATION:

Award a one-year service agreement with The Trustees of Columbia University in the City of New York to provide reparations program services for an estimated amount not to exceed $502,304.

1. Approve the appropriation of $502,304 for Fiscal Year 2022-2023 budget from the general fund budget to fund this service.

2. 3. Authorize the City Manager or designee to execute the agreement.

Attachments
Item 3A

CITY COUNCIL STAFF REPORT
DATE: APRIL 27, 2023 BUSINESS & LEGISLATIVE
SUBJECT: AWARD A SERVICE AGREEMENT FOR REPARATIONS PROGRAM

SERVICES
FROM: Scott C. Stiles, City Manager
BY: Jeffrey S. Ballinger, City Attorney
SUMMARY:

Award a one-year service agreement with The Trustees of Columbia University in the City of New York to provide reparations program services.

RECOMMENDATION:

1. Award a one-year service agreement with The Trustees of Columbia University in the City of New York to provide reparations program services for an estimated amount not to exceed $502,304 (Attachment A).

2. Approve the appropriation of $502,304 for Fiscal Year 2022-2023 budget from the general fund budget to fund this service.

3. Authorize the City Manager or designee to execute the agreement.

BUSINESS PRINCIPAL DISCLOSURE:

The Trustees of Columbia University in the City of New York is a nonprofit organization in accordance with Attachment B, Public Integrity Disclosure Form.

BACKGROUND:

Between 1930 and 1965, Section 14, which is property held in trust by the federal government on behalf of members of the Cahuilla Band of Agua Caliente Indians and the Tribe itself, was home to many residents, including Black, Indigenous, and other minority residents. During the late 1960’s, and after changes in Federal Law allowed for longer term leases of Tribal Land, the City of Palm Springs participated in the eviction of Section 14 residents, including the destruction of homes, so that the Section 14 property could be developed commercially.

Item 3A - Page 1
City Council Staff Report
April 27, 2023-- Page 2
Reparations Program Services
On September 29, 2021, the Palm Springs City Council issued a formal apology for the City’s role in evicting individuals from Section 14, and at the meeting of November 18, 2021, Staff issued a report to facilitate consideration of a reparations program.

On April 11, 2022, Staff met with representatives (Community Group) from Desert Highland Gateway Estates Community Action Association, Section 14 Survivors, Black History Committee, and Where is My Land? (an organization dedicated to helping Black Americans reclaim stolen land and secure restitution).

During the conversation, the Community Group expressed a desire that the City focus its efforts on first providing direct payments to former residents (who actually lived on Section 14), as opposed to focusing on housing and other programs related to reparations.

Several of the former residents are now seniors and housing programs may not be their top priority. The Community Group also expressed that, in addition to other reparations programs, there should also be monetary restitution and that this effort be fast tracked.

The Community Group informed Staff that they conducted a survey and have produced a list of approximately 120 survivors, the majority of whom no longer live in Palm Springs.

They are also working with two certified public accountants and investigators to identify and verify descendants.

At a City Council meeting on April 21, 2022, the City Council discussed potential reparations programs. At that time, the City Council provided direction to City staff regarding the exploration of programmatic reparations and direct monetary compensation. On May 4, 2022, the City received a Government Claim, on behalf of former residents of Section 14. And, on November 29, 2022, the City received a document entitled “Amended Claim Form” on behalf of former residents of Section 14.

In September of 2022, City staff developed a solicitation to procure the services of a consultant to help develop a reparations program for the City related to the Section 14 displacements. City staff released the RFP in November of 2022.

STAFF ANALYSIS:

The Procurement and Contracting Department in coordination with the City Attorney’s Office issued a Request for Proposals (RFP) for Reparations Program Services on November 21, 2022. The RFP was advertised in the local newspaper and on Planetbids, the City’s electronic bid site. Because of an initial lack of responses, the City extended the original December 22, 2022 deadline for responses to January 26, 2023. A preproposal conference was held on November 29, 2022.

Two proposals were received by the extended deadline, at which time the evaluation process began. The evaluation team made up of City staff from the City Attorney’s Office, the City Manager’s Office and the City Clerk’s Office evaluated the proposal received against the evaluation criteria. The evaluation criteria consisted of the firm’s experience; Item 3A - Page 2
City Council Staff Report
April 27, 2023-- Page 3
Reparations Program Services
the team’s experience; a demonstration of the understanding of the work; local preference; and, cost. In addition, references were checked to confirm successful past work experiences.

Staff is recommending award of the contract to The Trustees of Columbia University in the City of New York as the highest scoring proposer. The Trustees of Columbia University in the City of New York, along with the team that has been assembled1, has extensive experience in handling reparations for various other communities and can provide the services that the City needs to develop this program. They also have indicated that they plan to work with a local business to assist in these services so there will be an opportunity for local participation.

The consultant’s proposed scope of work involves a twelve (12) month process that includes conversations with City Council as well as other key stakeholders. Those stakeholders include those individuals who were displaced from Section 14 and are still living (“survivors”) as well as their descendants, those within the Desert Highland Estates community, as well as other organizations within the Palm Springs community.

The scope of work calls for a kickoff meeting with the City Council within the first month, in order to discuss the community engagement process, discuss concerns and prospective challenges, and assess the stakeholders’ goals and objectives (i.e., possible approaches to reparations, recipients and forms of reparations (payments vs. programs, etc.)).

The RFP consultant proposes to gather historical information from various sources, including documents made available by community members, public records, and newspapers. The consultant would also perform genealogical research, in order to identify those impacted by the Section 14 displacements. The proposed scope of work also includes conducting oral history interviews with those impacted, which is similar to the work that is currently being done by the State of California’s Reparations Task Force.

Finally, the proposed scope of work includes an attempt to quantify the harms caused by the redevelopment of Section 14 as well as the development of a draft of proposed options, which would be shared with the City Council for consideration and feedback.

From this Options Report, the City would be asked to form an Independent Advisory Board, in order to implement the objectives of an Implementation Plan. The Board is proposed to consist of both the City Council and community representatives. 1 In addition to Columbia University, the team consists of participants from The African American Redress Network (AARN), FirstRepair, and the International Center for Transitional Justice (ICJT). As indicated in their proposal, AARM was founded as a collaboration between Howard University’s Thurgood Marshall Civil Rights Center and Columbia University’s School of International and Public Affairs.

Item 3A - Page 3
City Council Staff Report
April 27, 2023-- Page 4
Reparations Program Services
ENVIRONMENTAL ASSESSMENT:

In accordance with the California Environmental Quality Act (“CEQA”) Guidelines the requested City Council action is not a “Project” pursuant to Section 15378(b)(5).

Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment are not considered a “Project”.

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with the Strategic Plan Item 1 Quality of Life Item 1E – Neighborhood Issues, which is for the creation of a Section 14 reparations program.

FISCAL IMPACT:

The estimated cost for the contract is $502,304 for the one-year term. Approval of this action will require the appropriation from the General Fund budget of $502,304 to the City Attorney’s Contractual Services account 1001010-40150.

REVIEWED BY:

Procurement and Contracting Manager: Kim Baker
City Attorney: Jeffrey S. Ballinger
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Attachment A – Service Agreement 23P059
B. Attachment B - Public Integrity Disclosure Form
Item 3A - Page 4

ATTACHMENT A

Item 3A - Page 5

Page 1 of 83 ends

CONTRACT SERVICES AGREEMENT 23P059

REPARATIONS PROGRAM SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on April 17, 2023, by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and The Trustees of Columbia University in the City of New York, a Non-Profit Organization, (“Contractor”). City and Contractor are individually referred to as “Party” and are collectively referred to as the “Parties”.

RECITALS
A. City requires the services of a qualified Contractor for reparation program services (“Project”).

B. Contractor has submitted to City a proposal to provide reparation program services under the terms of this Agreement.

C. Based on its experience, education, training, and reputation, Contractor is qualified and desires to provide the necessary services to City for the Project.

D. City desires to retain the services of Contractor for the Project.

NOW, THEREFORE, in consideration of the promises and mutual obligations, covenants, and conditions contained herein, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

AGREEMENT

1. CONTRACTOR SERVICES

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contractor shall provide services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit “A” and incorporated herein by reference (the “Services” or “Work”). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Contractor agrees that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by high quality, experienced, and well qualified persons currently practicing under similar conditions. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern.

1.2 Compliance with Law. Contractor shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations when performing the Services. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement.

1.3 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement.

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1.4 Familiarity with Work. By executing this Agreement, Contractor agrees that it has carefully considered how the Work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the Work under this Agreement.

2. TIME FOR COMPLETION
The time for completion of the Services to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit “A.” Neither Party shall be accountable for delays in performance caused by any condition beyond the reasonable control and without the fault or negligence of the non-performing Party. Delays shall not entitle Contractor to any additional compensation regardless of the Party responsible for the delay.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor. Contractor shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit “A”. The total amount of Compensation shall not exceed $502,304.

3.2 Method of Payment. In any month in which Contractor wishes to receive payment, Contractor shall submit to City an invoice for Services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City’s finance director. Payments shall be based on the hourly rates set forth in Exhibit “A” for authorized services performed. City shall pay Contractor for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice.

3.3 Changes. In the event any change or changes in the Services is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into:

A. To provide for revisions or modifications to documents, work product, or Work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Contractor’s profession.

3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City.

4. PERFORMANCE SCHEDULE

4.1 Time of Essence. Time is of the essence in the performance of this Agreement.

4.2 Schedule of Performance. All Services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit “A.” Any time period extension must be approved in writing by the Contract Officer.

4.3 Force Majeure. The time for performance of Services to be rendered under this Agreement may be extended because of any delays due to a Force Majeure Event if Contractor notifies the Contract Officer within ten (10) days of the commencement of the Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Contractor’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities Item 3A - Page 7

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that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority. After Contractor notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the Services for the period of the enforced delay when and if, in the Contract Officer’s judgment, such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. The Contractor will not receive an adjustment to the contract price or any other compensation.

Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of one year (weeks/months), commencing on April 17, 2023, and ending on April 16, 2024, unless extended by mutual written agreement of the Parties.

4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor. Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Contractor shall immediately cease all Services except such as may be specifically approved by the Contract Officer. Contractor shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer after such notice. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Contractor shall not be entitled to payment for unperformed Services, and shall not be entitled to damages or compensation for termination of Work. If the termination is for cause, the City shall have the right to take whatever steps it deems necessary to correct Contractor's deficiencies and charge the cost thereof to Contractor, who shall be liable for the full cost of the City's corrective action. Contractor may not terminate this Agreement except for cause, upon thirty (30) days written notice to City.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following principal of Contractor is designated as being the principal and representative of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Dr. Linda J. Mann, Project Manager. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services under this Agreement. The foregoing principal may not be changed by Contractor without prior written approval of the Contract Officer.

5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the Services. Contractor shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer.

5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its principals, and employees, were a substantial inducement for City to enter into this Agreement. Contractor shall not contract with any other individual or entity to perform any Services required under this Agreement without the City's express written approval. In addition, neither this Item 3A - Page 8

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Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Subcontracts, if any, shall contain a provisions making them subject to all provisions stipulated in this Agreement including without limitation the insurance and indemnification requirements. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly employed.

Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City.

5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contractor, its agents, or employees, perform the Services required, except as otherwise specified. Contractor shall perform all required Services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Contractor’s work product, result, and advice. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City.

Contractor shall pay all wages, salaries, and other amounts due personnel in connection with their performance under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. Contractor shall not have any authority to bind City in any manner.

5.5 Personnel. Contractor agrees to assign the following individuals to perform the services in this Agreement. Contractor shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Contractor by providing written notice to Contractor.

Name: Title:

Dr. Linda J. Mann Project Manager
Robin Rue Simmons Subcontractor Lead (First Repair)
Virginie Landisch Subcontractor Lead (ICTJ)
Erica Ivins Professional Researcher (AARN)
Corey Shaw Professional Researcher (AARN)

6. INSURANCE
Contractor shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference.

7. INDEMNIFICATION.

7.1 Responsibility. To the fullest extent permitted by law, Contractor shall be responsible for any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that arise out of or relate to Contractor’s performance of Services or this Agreement. The City’s responsibility is limited to payment for Services rendered, except in the event of gross negligence or intentional misconduct by the City. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s liability under this Agreement. Under no circumstances shall a Party be liable for any consequential, indirect, special, exemplary, incidental or other equivalent or similar damages, whether or not they could reasonably be anticipated. The materials provided hereunder are furnished without warranties, express or implied. Nothing in this Agreement will be construed as a promise of a Item 3A - Page 9

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representation by Contractor that the materials will achieve any specific use or usable result.

8. RECORDS AND REPORTS

8.1 Reports. Contractor shall periodically prepare and submit to the Contract Officer reports concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.

8.2 Records. Contractor shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.

Contractor shall keep such books and records as shall be necessary to properly perform the Services required by this Agreement and enable the Contract Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records.

8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of this Agreement shall be the property of City. Contractor shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Contractor may retain copies of such documents for Contractor's own use. Contractor shall have an unrestricted right to use the concepts embodied in such documents.

8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Contractor in the performance of Services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. For the avoidance of doubt, Contractor shall have an unrestricted right to use the underlying methodology, insights, analysis and historical research data that it generates hereunder, limited to non-commercial academic purposes, which may include academic publication and dissemination.

8.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor’s books, records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all accounting books, records, work data, documents, and activities directly related to Contractor’s performance under this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally accepted accounting principles and shall clearly identify and make such items readily accessible to such parties during the term of this Agreement and for a period of three (3) years from the date of final payment by City hereunder.

9. ENFORCEMENT OF AGREEMENT

9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties.

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Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.

9.3 Waiver. No delay or omission in the exercise of any right or remedy of a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver.

No consent or approval of City shall be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contractor. Any waiver by either Party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement.

9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

9.5 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.

9.6 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other relief as may be granted, to recover from the non-prevailing Party all reasonable costs and expenses. These include but are not limited to reasonable attorney fees, expert contractor fees, court costs and all fees, costs, and expenses incurred in any appeal or in collection of any judgment entered in such proceeding.

10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

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

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

10.3 Covenant Against Discrimination. In connection with its performance under this Agreement, Contractor shall not discriminate against any employee or applicant for employment because of actual or perceived race, religion, color, sex, age, marital status, ancestry, national origin ( i.e., place of origin, immigration status, cultural or linguistic characteristics, or ethnicity), sexual orientation, gender identity, gender expression, physical or mental disability, or medical condition (each a “prohibited basis”). Contractor shall ensure that applicants are employed, and that employees are treated during their employment, without regard to any prohibited basis. As a condition precedent to City’s lawful capacity to enter this Agreement, and in executing this Agreement, Contractor certifies that its actions and omissions hereunder shall not incorporate any discrimination arising from or related to any prohibited basis in any Contractor activity, including but not limited to the following:
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or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; and further, that Contractor is in full compliance with the provisions of Palm Springs Municipal Code Section 7.09.040, including without limitation the provision of benefits, relating to non-discrimination in city contracting.

11. MISCELLANEOUS PROVISIONS

11.1 Notice. Any notice, demand, request, consent, approval, or communication that either Party desires, or is required to give to the other Party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either Party may change its address by notifying the other Party of the change of address in writing.

To City: City of Palm Springs
Attention: City Manager/ City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
To Contractor: The Trustees of Columbia University in the City of New York Attention: Linda Mann
615 West 131st Street
New York, NY 10027-7922

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

11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement signed by all Parties.

11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties.

11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties’ successors and assignees.

11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement.

11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same.

11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement.

11.9 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

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[SIGNATURES ON NEXT PAGE]
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SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND THE TRUSTEES OF

COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below.

CONTRACTOR:

By: _____________________________ By: _____________________________ Signature Signature
(2nd signature required for Corporation)
Date: ___________________________ Date: ___________________________ CITY OF PALM SPRINGS:

APPROVED BY CITY COUNCIL:

Date: _______ Item No. ________ Agreement No. 23P059
APPROVED AS TO FORM: ATTEST:

By: _____________________________ By: _____________________________ City Attorney City Clerk
APPROVED:

By: _____________________________ Date: ____________________________ City Manager – over $50,000
Deputy/Assistant City Manager – up to $50,000
Director – up to $25,000
Manager – up to $5,000

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EXHIBIT “A”

SCOPE OF SERVICES/WORK
Including,
Schedule of Fees
And
Schedule of Performance
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SCOPE OF WORK

1.1 Background:

A. Between 1930 and 1965, Section 14, which is property held in trust by the federal government on behalf of members of the Cahuilla Band of Agua Caliente Indians and the Tribe itself, was home to many residents, including Black, Indigenous, and other minority residents. During the late 1950’s and mid-1960’s, and after changes in Federal Law allowed for longer term leases of Tribal Land, the City of Palm Springs participated in the eviction of Section 14 residents, including the destruction of homes and personal property, so that the Section 14 property could be developed commercially. (See Attachment A to this Scope of Work for more information on the history of the Section 14 area.)
B. On September 29, 2021, the Palm Springs City Council issued a formal apology for the City’s role in evicting individuals from Section 14 in the late 1950’s and 1960’s, and at the meeting of November 18, 2021, Staff issued a report to facilitate consideration of a reparations program. (See Attachment B to this scope of work for this Staff Report).

C. On April 11, 2022, Staff met with representatives (Community Group) from Desert Highland Gateway Estates Community Action Association, Section 14 Survivors, Black History Committee, and Where is My Land? (an organization dedicated to helping Black Americans reclaim stolen land and secure restitution). (See Attachment C to this scope of work for this Staff Report).

D. During the conversation, the Community Group expressed a desire that the City focus its efforts on first providing direct payments to former residents (who actually lived on Section 14), as opposed to focusing on housing and other programs related to reparations. Several of the former residents are now seniors and housing programs may not be their top priority. The Community Group also expressed that, in addition to other reparations programs, there should also be monetary restitution and that this effort be fast tracked.

E. The Community Group informed Staff that they conducted a survey and have produced a list of approximately 120 survivors, the majority of whom no longer live in Palm Springs. They are also working with two certified public accountants and investigators to identify and verify descendants. Other comments made by the Community Group include the following:

1. Some felt that housing programs may fulfill a community need separate from reparations.

2. The Desert Highlands Gateway neighborhood, where some former residents of Section 14 relocated, already suffers from a 41% poverty rate for children under 18 and has been historically underserved.

3. Oversight of any programs developed or funds to be provided should include someone from the Community Group.

4. This is an opportunity for the City to be a trailblazer in regard to reparations and restitution.

F. On May 4, 2022, the City received a Government Claim, on behalf of former residents of Section 14. (See Attachment D for a copy of such claim).

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of Section 14, including programs that enhance the quality of life for the communities in the City that were impacted by the displacement of these residents.

1.2 Scope:

A. Program - Former Residents. The Contractor shall provide the services necessary to complete a recommendation for a proposed reparations program for the former residents of Section 14. The scope of services will involve extensive research to document the former residents that lived in the area during the timeframe of when the land was redeveloped, and when the residents were forced to leave their homes.

B. Program - Community. The Contractor shall also provide the services necessary for a proposed reparations program(s) for the local communities where the former residents and their descendants were displaced after the Section 14 property was repurposed for development.

C. Kickoff Meeting. A kickoff meeting will be held to start the process and City staff will provide any additional information or source documents the Contractor may need to complete these tasks.

D. Historical Context. In order to develop these programs, the Contractor will be required to validate the history of the displacement of this community and provide additional historical research that may be necessary to develop a complete understanding of what occurred before, during and after the displacement took place. In addition, the historical context study shall analyze the effects on the former residents and the subsequent communities in Palm Springs where they now reside, especially in the areas related to the quality of life today. Such research and validation shall include but not be limited to, the people effected, demographic shifts of inhabitants, racially and culturally and discriminatory policies that may have existed in the area during the 1950s and 1960s when the residents were displaced.

E. Research. The Contractor shall provide a complete vetting of the effected residents of Section 14 to determine who was impacted directly by the displacement. This may require an extensive outreach and verification process to determine a fully vetted list of former residents. This would involve research utilizing various sources, including official public and court records, contemporaneous newspaper publications, academic resources, and any other reliable sources of information.

F. Engagement. The Contractor shall develop an effective engagement program which will including conducting community meetings of the residents within the City, including potentially the displaced residents and their representatives, to understand community views, including impacts on the displaced residents, and the types of reparations programming that would be effective to improve the quality of life.

G. Feedback. The Contractor shall be prepared to meet and gain feedback from the City Council as this work progresses and especially after completing the historical context verification, after community input has been received and analyzed, and after recommendations have been submitted. In addition, the Contractor shall be prepared to make a presentation of the reparations program implementation plan.

H. Potential Options. After providing the historical context report, vetting the listing of former Section 14 residents, and gathering community input, the Contractor shall provide a set of potential options for the City Council’s consideration. The City is open to a variety of options and programs to assist the affected community.

I. Implementation Plan. Once the City Council has provided feedback on the proposed options, the Contractor shall develop an Implementation Plan with potential timelines for implementing the various reparations program options selected by Council.

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J. Reference Documents. A few reference documents have been attached to this scope of work to assist the Contractor in beginning these work tasks. These documents are not meant to be all inclusive, but to provide some context to the background of what has been completed in the past. These documents include:

1. Citywide Historical Context Statement and Survey Findings by the Historic Resources Group

2. City Council Staff Report dated November 18, 2021 – initial report on reparations program discussion

3. City Council Staff Report dated April 21, 2022 – follow up report on reparations program discussion now also including demographics and community proposal

4. Government Claim filed on behalf of the former residents of Section 14.

5. Links to the related listening sessions as follows:

City Council | Listening Session ENG - YouTube
City Council | Apr 21 2022 - YouTube

1.3 Deliverables:

The Contractor shall provide the following deliverables:
a. Historical Context Validation Report
b. Vetted list of former residents affected by the redevelopment of Section 14 land c. Proposed options report for reparation’s programs for the City d. Implementation Plan for the options chosen by City Council e. Community engagement meetings and various dialogue and presentations with Council to update the progress of each stage of this process

1.4 Schedule:

Work shall be completed within one year of issuance of a notice to proceed.

1.5 Compensation:

Work will be compensated on a lumpsum basis. Contract pricing includes all labor, expenses, and incidentals to complete the work outlined in the contract scope. The Contractor may request monthly payments based on the percentage of work completed for the previous month as long as a detailed progress report is provided to support the amount requested. No additional compensation will be due by the City unless the contract is modified for additional work requested by the City.

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SCOPE OF WORK ATTACHMENT A
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303
Context: Ethnic Minorities in Palm Springs

FINAL DRAFT - FOR CITY COUNCIL APPROVAL
City of Palm Springs
Citywide Historic Context Statement & Survey Findings HISTORIC RESOURCES GRO UP

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CONTEXT: ETHNIC MINORITIES IN PALM SPRINGS
Introduction
304
This context about minority populations in Palm Springs was developed after the completion of the Draft Palm Springs Historic Context and Survey Update in 2016. It is meant to provide additional information about development patterns associated with people of color who lived and worked in Palm Springs. There is some overlap in the discussion of residential developments included in the main context narrative and in this chapter; the information contained here provides an additional layer of history for those areas.

Overview
The natural wonders and favorable climate of Palm Springs lured people from varied backgrounds. In an undated manuscript (c. late 1880s), African American social reformer, abolitionist, writer, and statesman Frederick Douglass ( 1818-1895) visited none other than Dr. Welwood Murray, and recalled:

With the pleasant memories of the happy day spent in the Palm Canyon lulling me to sleep early in the evening ... I forgot fatigue and awoke refreshed . ... The delightful sunny atmosphere made it possible for a resident of a cold climate to remain in doors.

There were trees to examine, green plants to collect. Flowers to put in the press before the welcome noonday bell called the family to enjoy the cooking of the China man [sic] presiding in the kitchen. So the work of the Indian is the laundry, who made the table linens, and that of the Irish maiden from the far-distant Massachusetts in the dining room - what else was there to desire? On the arrival of the daily mail, letters from home and the newspapers interested the residents weather they hailed from Mexico or Oregon.

Racking coughs were forgotten for a time at least and life seemed worth living. At breakfast the following morning, Dr. Murray notified us that he was prepared to drive to the foot of another canyon. By lessening the walk over the arid plain he deemed the ascent easy for us.7 80
Frederick Douglass, "Palm Canyon"
Throughout the document, Douglass recounts visits to Native American homes and expresses fascination with the desert flora and fauna. Indeed, the beauty, health benefits, and topography of Palm Springs transcended the interest of any one community and, ultimately, the desert became home to a diverse population of residents.

This context maps the key social and economic drivers for communities of color and the subsequent patterns of development that emerged in the City of Palm Springs. What follows is an exploration of the residential, institutional, and commercial development patterns associated with the communities of 780 Frederick Douglass, "Palm Ca nyon," Washington D.C., Library of Congress, 7·8.

FINAL DRAFT- FOR CITY COUNCIL APPROVAL
City of Palm Springs
Citywide Historic Context Statement & Survey Findings HISTORIC RESOURCES GROUP

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305
color other than the Native American population. While the social and cultural development of African American, Latino, Chinese, Japanese, and Filipino communities are inextricably linked with the Agua Caliente Band of Cahuilla Indians, the purposeful focus here is to document the non-Native American historic context to aid with the identification of potential historic resources.

FINAL DRAFT- FOR CITY COUNCIL APPROVAL
City of Palm Springs
Citywide Historic Context Statement & Survey Findings HISTORIC RESOURCES GROUP

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306
THEME: RESIDENTIALDEVEIDPMENT ASSOOATED WITH ETHNIC MINORITIES (c. 1900-1969) Residential development patterns for the communities of color in the City of Palm Spri ngs are unique and differentiated from other established patterns of development in the village. The discussion begins with an examinati on of their role in the resort industly, migration and the growth of Section 14, the period of urban renewal and dispersion, and ends with the period of community outreach and housing development
Residential development associated with Resort Industry workers, 1900-1930 Whether it was constructing the buildings and infrastructure or filling the servi ce jobs that kept the resorts humming, the Latino, African American, Chinese, Japanese, and Filipino residents of Palm Springs served as the backbone of the resort industly at the beginning of the 20th century.

Chinese Cook at the Desert Inn c. I 930.

Source: Palm Springs Historica l Society.

The earliest non-Native American people of color to reside in Palm Springs were closely tied to the city pioneers. In the 19 10 U.S. Census, two Chinese cooks, Sin Ham Chin and Yan Lee, are enumerated as part of Nellie Coffman's "sanitarium" staff. The township also counted four male Japanese residents: two were servants working and living in the homes of private famili es, and two were fa rm laborers.78' Although no Latinos or African Ameri cans were enumerated in the 19 10 Census for Palm Springs, the greater San Corgonio township was home to many Latinos who worked either for the railroad or as day laborers. Latinos became the laborers of choice for the railroads after restrictions on Chinese immigration were imposed.
781 Because of the seasonal nature of the Palm Springs community, census data can be skewed. The 1910 U.S. Census ....-vas taken in Palm Springs in April and as such, reflects the presence of some 2 0 lodgers at Coffman's.

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During the Mexican Revolution (c. 19 10- 1920), many families left Mexico for the Coachella Valley.

According to author and archivist for the Palm Springs Historical Society, Renee Brown " ... the first Mexican families in Palm Springs came to work on the construction of the road that climbed up the mountain behind the Desert Inn." 78 ' These workers set up tents on the area presently occupied by the O'Donnell Golf course.

By the 1920 census, Nellie Coffman's staff had grown. She now employed five Chinese (two cooks, a servant, and two gardeners) and the first enumerated African American resident, Augustina Williams, who was also a cook Although the census taker for the 1920 roll did not identify addresses associated with residents, it appears that at least one Latino family and one Japanese family lived side by side with the Caucasians. They included Ernesto Palico, a cement mason, his wife Adela and their three sons. Also enumerated were J. Fujimoto and his wife, living with his business partner Rokichi Kowase and his wife, and Fusarichi Yamasaki, all involved in "marketgardening."7 83 The 1920 Census also enumerates dozens of "Palm Springs Mission Indians," which included 60 individuals of Mexican heritage. Although it is not known from the data exactly where these people lived, they may have been among the first non-white, non-Native American residents of Section 14.

Nevertheless, it is the first evidence of the development pattern of Native Americans and Latinos sharing a residential community. On June 30, 1925, the first known Mexican American infant, Pasqual Quiroz (1925-2014), was born to parents living in the makeshift structures in the early tent community near the Desert lnn. 7"4 Latinos were predominantly employed as laborers helping to construct the many new buildings in the vi llage.

L: Pasqual "Paul" Quiroz c.
1950. R: Salazar Family, c.
1929. Source: Palm Springs
Historical Society.
78 ' Renee Brown, 'The History of Mexican Families in the Coachella Valley," lhe DeseJt Sun, April 20, 2017. 783 U.S. Census, I 920.
784 Renee Bro\o\'n, "The History of Mexican Families in the Coachella Valley," The Desert Sun, April 20, 2017.

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L: This image was taken in front of the Desert Inn on the northwest corner of Tahquitz Drive and North Palm Canyon Drive. The building visible in the background is part of the Desert Inn that housed Filipino employees and became known as Manil a. Source : Palm Springs Histo ri cal Society. R: Looking eastward at the Desert Inn showing employee dorms at rear. Source: Los Angeles Publi c Library. 308
During this period, the resorts employed large numbers of people of color, especially Asian men. In 1930, five Korean men (porters), 12 Chinese men (kitchen help), and 17 Filipinos (in a variety of service positions) were employed at the Desert Inn. The Oasis Hotel also employed several Filipinos, as did the El Mirador. 1 •s All three hotels provided housing for their employees. Employee dorms at the El Mirador were located on the southeast corner of Indian Avenue and Tachevah Drive in two separate buildings.

At the Desert Inn, a number of small buildings were used to house employees, with one group designated especially for women. 786 One building at the Desert Inn became known as "Manila" due to the large number of Filipino residents. 787 The Oasis Hotel provided housing away from the resort itself in four buildings located on the east side of present-day S. Cahuilla Road between E. Tahquitz Canyon Way and W. Arenas Road.788 None of these structures are extant.

By the I 930s, the village was becoming more popular than ever as a resort destination. New hotels, restaurants, nightclubs and support se,vices were on the rise and vacation homes in the city were increasing in popularity. Job opportunities in the service and construction industries were plentiful in Palm Springs and a steady stream of people arrived to fill those positions. Those not associated with the larger resorts with employee housing had to find convenient and affordable places to live. 785 Filipinos first migrated to the Riverside area circa 191 O as agrirulrural labor. 786 Sanborn Fire Insurance Maps, 1929. 787 Palm Springs Historical Society, Online Photo Collection. 788 1929 Sanborn Map of the Desen Inn shows living qua1ters for employees.

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Item 3A - Page 25
~ ¥ '
t l
- -~~: - !"!-" . ... -l
,'
,'
...:.-~ --
9 76
~-~~--,-;,
' '
I
309
_, '
8 :.•bit,rll,. t!,.Q;,1,-, 4 "' "
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I
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77 :···1
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<:!)>
-..........
1929 Sanborn Map of the El Mirador Hotel shows employee dorms adjacent to kitchen. Source: 1929 Sanborn Map of Palm Springs, 1.

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310
During the 1930s, while resort life was in full swing, new development patterns also began to emerge.

Taken in April, the 1930 Census reflects both the presence of minorities employed by the hotels, along with those working in households of wealthy village residents. The census shows that African Americans were employed as housemen, chauffeurs, cooks, and maids; Latinos continued to work as gardeners or construction laborers; and a small group of Japanese continued agricultural pursuits typically operating small truck farms.

The Growth of Section 14, 1931-1950
People in Texas thought of California as a dream state where you could go into your backyard and just pick dollar bills off the tree.

Ivy Pellum J,Wfson1 on her family's migration to Palm Springs in 1943 During the Great Depression, when people were out of work with virtually no job prospects, many African Americans from the south and the Dust Bowl migrated westward. Fueled by vacationers from the Depression-proof entertainment industry, Palm Springs was one of the few places where there was opportunity for low-skilled workers. As a result, more people of color came to Palm Springs during this period. Unlike the three main resorts that offered dormitory living for their employees, many newcomers had no choice other than to settle on centrally located Section 14, where they could rent land from the Agua Caliente Band of Cahuilla Indians. Rental opportunities off the reservation were not offered and deed restrictions prevented the purchase of land.

Officially, Section 14 was the one square mile section bounded by Alejo Road on the north, Ramon Road on the south, Sunrise Way on the east, and Indian Canyon Avenue on the west. It was one of 5 1 sections of 640 acres each that belonged to the Agua Caliente Band of Cahuilla Indians under the Mission Indian Act passed by Congress in 189 1. Without transportation infrastructure in the city, Section 14 was one of the only places open to settlement for people of color which provided easy proximity to jobs. The Bureau of Indian Affairs restricted the terms Native Americans could lease their plots to just five years - effectively restricting any long-term investment.

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Aerial view of Section 14, c. 1935, just
east of the Plaza. Source: Palms Springs
Historical Society.

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311
Section 14 was devoid of the infrastructure and services of the city proper. Water and electricity service were limited, and natural gas service was non-existent. There were no sewers, trash pickup, or fire protection, and there were no paved roads through Section 14. The area had no formal planning. The structures built by the lessees varied in value and amenities and were scattered haphazardly across the acreage. Some residents built homes of brick, wood, or cinder blocks. Many of these homes were simple, vernacular structures that improved as money and means became available. Structure valuations in the Census ranged from as little as $ 100 to as much as $4,000.789 Trailers were also commonplace. Some residents offered rooms for short-79° or long-term rental.791 O rtega Ho m e o n Sectio n 14 la nd built by
Merced O rtega, c . 1930. Source : Palm
Springs Historical Society, "W e Were
He re Too," 63.

A large number of Latino families moved to Section 14 in the 1930s. 79' Initially, they lived in tents; however, families soon began helping one another construct homes.m Many of the men were carpenters, stone-masons, or part of the construction trades. As described in We Were Here, Too, written by the surviving members of the early Latino community, "stick by stick, nail by nail. .. " they built houses. 1 •• The houses were iterative, vernacular dwellings that evolved with means and opportunity.

One of the many builders, Merced Rosario Ortega (1880-1 958), was a carpenter and adobe builder who found a lot of work in Palm Springs. His work was published in Sunset magazine in 1930. Friends and family on Section 14 asked Ortega to help them erect dwellings. By the late 1930s, a number of Latino family homes were constructed along a footpath south of unpaved Arenas and El Segundo Roads.

The Julian Reyes house on Section 14 initially had a dirt floor and a palm-frond roof.795 Early important 789 U.S. Census 19 40, "Palm Springs Section 14."
79° In his oral histOJY, former Section 14 resident Charles Jordan recalled how Louis Armstrong and his band mates had rented rooms from his aunt during a gig at one of the hotels. The many entertainers of color that frequented the resorrs were nor permitted to stay in the hotels. 7 91 "Businesses on Palm Springs India n ReseJVacion," SeptemJer 193 8, 1-9. 79' Barbara Eves, Cydronia Valdez, and Vera Wall, "We We re Here, Too," (Palm Spring,, CA: Palm Spring, Historical Society), 11 , m Barbara Eves, Cydronia Valdez, and Vera Wall, "We Were Here, Too," (Palm Spring,, CA: Palm Spring, Historical Society), 6. 7 94 Barbara Eves, Cydronia Valdez, a nd Vera Wall, "We Were Here, Too," (Palm Springs, CA: Palm Springs Historical Society), 6. 795 Barbara Eves, Cydronia Valdez, and Vera Wall, "We We re Here, Too," (Palm Spring,, CA: Palm Spring, Historical Society), 82.

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Latino families included the Fontes, Chacon, Salazar, Ayala, Herrera, Marmolejo, Marquez, Ortega, Martinez, Mendoza, Perez, Prieto, Quiroz, Reyes, and Torres families.

DOWNTOWN PALM SPRINGS, CA
_______ _______ Sunrise w_a_y ______________ ~
.AVENIOACASAlLEROS
Reeidenl:1 deQicted on Map of Sectaon 14 a,- of Mlt)(Qp Femiliee onty, a'-1ough we ~ wnong.t aome ~ FWlilllit.

MapnottoScASe
C,l'CII 193$
-;..;;.
-----------------
~
1Vtcl:Ol"rf'lliChaoonCeraa ---L •z (/fr,, 2 II\IOIAN BATH HOOSE 3 Frank MIIMOm
• lt.1•MlndClm
5 HATCHITT! MARK!:l

6. T0n1Pneto 1 Franc:t9CCPMla
a. DonaVaiantna
' · Bcm-.lo~ t O F&JalnOMe>'ti,,ez

11.-°""ll>&- 12. Ar«onio Poek>S,
~ :!~~
a: ~:::
,i ~!·i~c:=H
<{ 19Mannooe,oF20Manuol"'"'"1olojo
21 . lNOtAN ROUNO HOUSE & KITCHEN
:n.-o.con
23 INDIAH CEMETERY

24.Fl'9l'IOICOf~
25T~A)'m

26.Dlinlllhrw
27 P9Q10 H11n•• 2•--
!
I
!
•'
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•"0! Q!!O :

On j
: 2,
18 ! 0
'. ' r :,
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'
l 2s 2s
·oo
::o
I I 15 1'4 13 U,. 11 :lll o:· c • ou
2T
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I I
\)
'
' 28
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Ill
3 g
l
The western portion of Section 14, c. 193 7 as retroactively mapped in the oral history, ' We Were Here Too.' Source:

Palm Springs Historical Society, ' We Were Here, Too; 8.

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313
A 193 7 survey by the U.S. Department of the Interior concluded that approximately 1,000 buildings, shacks and tent houses occupied half of Section 14.796 ]t can be assumed that the presence of seasonal workers added even more to that figure.m With no organized planning or zoning, buildings evolved organically on the property. The Desert Sun described the phenomenon as being laid out in a "haphazard" or "crazy-quilt" manner. n9 Other small pockets of Mexican residents included those who resided at a ranch on Ramon Road where the Desert Inn kept their horseS.799 Trailer camps were also present on Sections 22 and 26.
1 R
2 / 1\
~ih~~+--- -7---
I R
12 Palm Springs 1
(BM 4:5)--•=t-===•
3 ROAO :"-. .... r. ..
l R : 24
l
ll
1940 Topographic map of
Section 1 4 depicts a
fraction of the structures
located on the Agua
Caliente Indian Reservation
but shows concentration of
residents on the western
portion of the acreage. Note
. misspelling of Ramon Road ,.,. n ,-
J!-1"' • as "Roman Road." Source:
,,' I
796 "1000 Buildings on Indian Reservation,· The Deserr Sun, March S, 1937.

U.S. Geological Survey,
1940.
797 Ryan M. Kray, "Second-Class Citizenship at a First-Class Resort: Race and Public Policy in Palm Springs; (PhD diss., University of California Irvine, 2009), 222. 798 "I 000 Buildings on Indian Reservation," The Deserr Sun, March S, 1937. 799 Barbara Eves, Cydronia Valdez and Vera Wall, "We Were Here, Too," (Palm Springs, CA: Palm Springs Historical Society), 78.

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During the 1930s, two leaders within the community, Refugio Salazar, a native of Mexico, and Lawrence L. Crossley, an African American, attempted to establish alternatives to Section 14 living.

The Louisiana-born Lawrence L. Crossley ( 1899-1 962) came to Palm Springs in 19 25 and worked for Prescott T. Stevens, owner of the El Mirador Hotel. Back in New Orleans, Crossley had been a musician and was "well-known in golf circles." Crossley worked his way up from chauffeur to help Stevens design and maintain the El Mirador's golf course during the 1920s. During the late 1930s, Crossley also built a small cafe (run by Mexico-born Marcus Caro) with rooms for rent on Section 14.•00 In the early 1940s, Crossley began marketing a "mystery tea" using an ephedra-based Native American recipe.•01 The Palm Springs Desert Tea Co. was a success and Crossley's tea was sold as far away as the East Coast.'" Crossley's business acumen was also on display in his role as the owner/watermaster of the Whitewater Mutual Water Co. (which served the north end of Palm Springs), and his ownership of the Tramview Water Co. He parlayed those investments into real estate development in Cathedral City including the Tramview Village and Eagle Canyon Trailer Village. Crossley was an advocate for better housing for Palm Springs' African American community and was publicly acknowledged for his efforts in the early I 960s by the Los Angeles Sentinel"• Crossley, "a long-time confident of the tribe," also assisted in the development of Native American lands and was appointed as guardian for ten members of the Agua Caliente Band of Cahuilla Indians. At the marriage of his daughter Yvonne in 19 53, Crossley and his wife Martha were acknowledged as one of the southland's "distinguished families."•0• Crossley died suddenly of a heart attack at the age of 62. Former Palm Springs City Council member Wally Waring paid tribute to Crossley in The Desert Sun for "his steadfast work for the good of the city."•0 s During the early 1930s, Lawrence Crossley acquired approximately five acres of land south of Section 14, near the southwest corner of East Ramon Road and South Sunrise Way. This would become Crossley Court (a.k.a, Crossley Acres and Crossley Trailer Park). It is the first known example of land ownership by an African American in Palm Springs.

Prior to 1936, Crossley erected a house for himself and his extended family at I 543 East Ramon Road (not extant) valued at $4,000. Over time he invited others to lease and build on the land, ultimately fo rming a compound. Various newspaper accounts alternately refer to the property as the "Crossley Trailer Court," "Crossley Acres," •,. and "Crossley Court." In 1939, Albert Gauff, Crossley's African American brother-in-law, received a building permit fo r a $300 residence at the same address. In 1938, 800 "Businesses on Palm Springs Indian Rese1Vacion," Septefmer 1938, 3. 801 'Deserts Mystery Tea Gives Village New Place in the Sun," lhe Desett Sun, February 12, 1943. 802 Crossley established a manufacturing facility for the tea in Los Angeles. '" "Wash's Wash," Los Angeles Sendnel, October 19, 196 1, A6. 804 "Prominent California Families Joined by Nuptial Ceremony," Los Angeles Times, March 19, 1953, C I. 805 "Letters to the Editor," lhe Desen: Sun, March 19, 1962. 806 "Building Permits, lhe Desen: Sun, August 28, 1942.

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another African American from Crossley's home state of Louisiana, Robert Rieux, received a permit to build a residence there for his family, as did Hewitt Crossley, for $500 and $300, respectively.!!o7These structures may have been ramadas for trailers. Another Crossley brother-in-law, Lloyd Gauff, built at 15 7 1 E. Ramon Road (not extant). The I 940 Census indicates that several Latino families lived in the compound and a U.S. Geological Service Map from the same year suggests as many as 15 structures were located there. By I 95 3, 3 7 homes had been erected on Crossley's acreage.•08 In September of 1953, Lawrence Crossley sold the five-acre compound to the adjacent Ramon Trailer Park and simultaneously announced plans fo r " ... a new subdivision two miles east of the city and a mile south of Ramon Road."'""
And
.. There's Wh•~
You Get
HEAP
COLD
BEER

DELICIOUS
SANDWICHES At The

PIONEER CLUB
' " NEVER CLOSES"
"Cuco" Saluar II still the BoH
L: Undated photo of Refugio Cuco Salazar. Source: Palm Springs Historical Society. R: Pioneer Club ad featuring "Cuco' Salazar as the boss. Source: The Desert Sun, October 4, 1944. ,.., "Building Permits Total $32 1, 702 Past 6 Months; The Deserc Sun, December 9, 1938. 808 "land Deal co Ease Housing Situation," The Deserc Sun, September 14, 1953. '°' "land Deal co Ease Housing Situation," The Deserc Sun, September 14, 1953.

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Refugio "Cuco" Salazar (1 907-1 962)'" arrived in Palm Springs in the early 1920s and built a gardening and landscape business. He married his wife Grace in the mid-1920s and rose to prominence within the Latino community, becoming president of the Mexican Colony association in 1938.•11 In 1942, he became the owner/operator of the Pioneer Club at 178 East Andreas Road (not extant). The Pioneer Club offered food, beer and wine. It was closed by the city in 1948 citing a continuing "police problem."'"
After the closing of the Pioneer Club, Salazar returned to gardening and landscape design. Salazar lived at 1523 Ramon Road (not extant) well into the 1950s. In 1962, Salazar was killed tragically by a hit and run driver on Christmas Eve. At the time of his passing he was living at 226. S. Indian Avenue (not extant).

In August of 193 8, Salazar led a movement to establish a colony of homes for Latino residents "on a 20-acre tract a short distance north of Ramon Road and about three-quarters of a mile east of the high school."••• Salazar had an option on the land and Latinos could finance their own homes. However, they needed a loan of about $3,000 to bring water and other utilities to the property. According to The Desert Sun, 27 "Mexican" families from Section 14 or on the Crossley Acres property "declared they wish to build on the new tract.""'• It appears that the money was never secured, as the 1940 Census shows several members of the Salazar family living on the Crossley property in the 1500 block of Ramon Road.
810 Rudy Salazar, his brother, was also a notable ea rly resident of Palm Springs involved in landscaping. su "Circus Plans Forge Ahead," Palm Springs News, March 3, 193 8, 6. '" "Pioneer Club to Stay Closed," The Desen: Sun, August 6, 1948. '" "Remember When; The Desen: Sun, August 19, 1968.
"• "Mexicans Wish to Form Colony Here on 20-Acre Tract; Seek $3,000 Loan," The Deserr Sun, August 19, 1938.

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By the 1940s, there was a small number of Asian American residents in Palm Springs, most of whom did not live on Section 14. By 1940, residents included a Filipino community of fewer than I 00 people, 81 5 the vast majority of whom were employed and residing at either the Desert Inn or El Mirador.

Filipinos were also employed as servants for the village's wealthy residents and typically resided with them. One of the few Filipino families with other living arrangements was the family of Emilio Hilario, who resided at the Crossley Court on Ramon Road. Approximately I 5 Chinese Americans were enumerated in the 1940 Census, most of whom were chefs or kitchen workers in the resorts. Two wellknown chefs include D.S. Yee who started at the Desert Inn in 192 1 and worked there for over 30 years while living on site;''' and Frank Li, of the Cantonese Kitchen at the Hotel Luau in 1940.817 The prewar Japanese community in Palm Springs was never very large and was composed primarily of domestic servants who resided with their employers. However, based on city directory information, the few Japanese businesses likely included living quarters at the rear, as was a common custom of the time.

World War II transformed Palm Springs from a tourist haven to the army headquarters for the North African Offensive, bringing army personnel and exacerbating the need for low cost housing. Nurses were housed at the hospital; however, there was no place for over I, 100 officers, soldiers, and civilian employees.''' Between 1940 and 1950, the year-round population of Palm Springs increased 123 percent from 3,334 to 7,660, with a typical winter population of about 16,000 during the season."' By 1948, it was estimated that over 6,000 individuals lived on the reservation.'" Only 50 were members from the Agua Caliente Band of Cahuilla Indians, the rest were African Americans, Latinos, and some Caucasians.

Filipinos continued to migrate to Palm Springs after the war, as was the case for Santos de Jesus ( 1902- 1995). De Jesus and his wife arrived in the city in 1946, where he became a renowned bartender at the Palm Springs Tennis Club. After two years, he rose to catering manager. He left in 1950 to open his own catering business - first on Indian Avenue - and then in the Sun Center on South Palm Canyon Drive. Santos rose to the top in the local catering industry and was the caterer of choice for local society and the Hollywood elite. He was an active member in the philanthropic 100 Club."' After World War II, overcrowding, its proximity to downtown, and rising land values raised the profile of Section 14 within the community - ushering in a new era for Palm Springs' communities of color. 815 U.S. Census, 1940.
'" "World Famous Deserr Inn Opens Tuesday," lhe Desert Sun, October 8, 1943. Palm Springs City Directory, 1952. 817 Advertisement, lhe Deselt Sun, October I 8, I 940. '" Ryan M. Kray, "Second-Class Citizenship at a First-Class Resort: Race and Public Policy in Palm Springs," (PhD diss., University of California Irvine, 2009), 240.
"' Ryan M. Kray, "Second-Class Citizenship at a First-Class Resort: Race and Public Policy in Palm Springs," (PhD diss., University of California Irvine, 2009), 247.
8" "Indian Affuirs Committee Sends Report on Lands to Washington;' Lime!igh, March 23, 1949. 821 After World War II, De Jesus purchased a home at 3 76 I Camino San Miguel in the Vista Del Cielo tract (also known as the Veteran's Tract).

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Urban Renewal, Displacement, and Dispersion, 1951-1966
The oppo1tunities were [in the] west. ... We moved to a reservation ... a real reservation.

Because in Palm Sp1ings there weren't many places for people of color: Mexicans, Native Americans and Blacks. We either had to live on the reservation or there was a piece of land called Crossley Tract. The majority of us lived on the Indian reservation .. .No mansion could have given me what I got off the reservation. The experience of people coming together and really making a community. The village concept really worked for us. S:n
Charles Jordan Oral Inte1View, 2001
318
Against the national backdrop of the civil rights movement, strained race relations, and urban renewal programs, a local movement to expand development and clean-up the Section 14 took hold. By this time, there was a wide range of structures in Section 14, from shacks to trailers to homes built in compliance with the standard building code. However, the lack of utilities remained a problem; one report cited as many as 17 families hooked up to a single electricity meter."' The lack of natural gas service meant that most families resorted to butane for cooking and heating. Water remained a significant challenge and privies were commonplace. Those living in shanties or trailers could use communal shower and restroom facilities at the center of Section 14."• L: Salvaged metal trailer home on Section 14, c. 1950. R: Vernacular wood residence with Latino resident in front, c. 1945. Source for both: Palm Springs Historical Society. '" Charles Jordan, "lnteIView with Charles Jordan,' inteIView by Clark Hanson, Oregon Historical Society, April 6, 200 I. ''' Ryan M. Kray, "Second-Class Citizenship at a First-Class Resort Race and Public Policy in Palm Springs; (PhD diss., University of California IIVine, 2009), 250. 82• Charles Jordan, "lnteIView with Charles Jordan; inteIView by Clark Hanson, Oregon Historical Society, April 6, 200 I.

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In 195 1, the Bureau of Indian Affairs approved a city abatement program and eviction notices were served to the residents of Section 14. In her oral history, former Section 14 resident Ivy Pellum Wilson remembers city officials meeting with the residents and telling them of their plans to redevelop the area."s Some families elected to move befo re they were forced to leave.

In June of 195 1, Palm Springs Councilman Jerry Nathanson suggested the partially occupied veterans housing project on the Field Club grounds known as Lienau Village be rented to Section 14 residents whose homes had been condemned; however, Nathanson's plan never came to fruition. Even African American veterans were refused as renters at Lienau Village, resulting in a lawsuit by the National Association for the Advancement of Colored People (NAACP). After many delays, the Palm Springs Housing Authority cut ties with the State Housing Board and moved to dismantle and sell the buildings at Lienau Village. The final buildings were removed from Lienau Village during the summer of J 957_,,, After receiving numerous complaints from employers and residents, a six-month moratorium on evictions was imposed in 1953. Inexplicably, building continued in Section 14 as evidenced by the case of Homer Manning, a janitor who rented a piece of land and constructed a home in 1955 that he later converted into a two-unit apartment building with a city permit valued at $8,000.•n Most displaced African American residents from Section 14 moved to Banning, Beaumont, or West Garnet (about IO miles west of Palm Springs). At least one former Section 14 resident moved her house from the reservation to a lot in West Garnet. Displaced residents often maintained their construction or service jobs in Palm Springs and made the daily commute.

Displaced Latino residents moved to Banning, San Bernardino, and Riverside. At least 32 Latino families saved for a down payment or pooled their resources and bought homes in the Veteran's Tract on the eastern edge of the city; others moved to the Dream Homes development in Cathedral City.''' Racial restrictions, however, prohibited purchase by African Americans in these tracts."• Some Latinos physically moved their homes to other locations. Eugene Ramon Prieto recalled that his grandfather moved their home from Section 14 to the northwest corner of Saturnina Road and South Calle Encilia (not extant).'"
"s Bill Bell, article for Banning Record Gazette, Banning Public Library, bttrr/ / www banoingJibrarvdisuict org/banoing/dornmentslthe0/o20b1ack?A>20Pioneers 0lo20oart<>A>20 I pdf (accessed September 8, 201 7). 826 The relocation sites of these buildings are currently unknown. '" "Section 14 Cleanup Under State Probe," The Desert Sun, April 3, 1967. 828 Interview with Eugene Ramon Prieto, Renee Brown, Noverrber 13, 20 12. 8'9 Ryan M. Kray, "Second-Class Citizenship at a First-Class Resort Race and Public Policy in Pa lm Spri ngs," (PhD diss., University of California Irvine, 2009), 335.
sao Interview with Eugene Ramon Prieto, Renee Brown, Noverrber 13, 20 12.

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L: Some Section 14 residents were able to relocate their houses to other locations. Source: Palm Springs Historical Society. R: Bulldozed house in Section 14 as shown in the The Desert Sun, March 14, 1966. 320
Residents who remained on Section 14 endured more than a decade of forced removals and clearances.

Destruction of the condemned homes began in I 956. Evicted families were often taken in by other residents of Section 14, resulting in the doubling and tripling of occupants in the houses left on the reservation. The 1959 ruling that Native American land could be available for long-term leasing made Section 14 development opportunities even more attractive. By 1961, the population of Section 14 had decreased to around 1,000 residents.••• Clearance activities continued during the early I 960s. The final clearance of Section 14 began in October of I 966, approximately one month after the Watts Riots in Los Angeles, a watershed event in race relations felt throughout the country. What had been a tightlyknit, racially-diverse community fo r more than 30 years was now scattered throughout the valley area.

The Palm Springs Filipino community was affected by the housing crisis as well. When resorts closed that provided housing for workers, many relocated to Banning or Cathedral City; those with means relocated to the tracts on the east side of the city.

Savvy businessmen, including Lawrence Crossley, anticipated the need for low-income housing and began developing residential tracts outside the Palm Springs city limits starting in the 1950s. However, a dearth of financial institutions willing to lend to people of color made the transition difficult. These 831 Population estimates vary depending upon source material. Sources suggest as many as 1,700 famities were left and as few as 500 remained

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321
tracts (Crossley Gardens, Desert Highland Estates, and Gateway Estates) would eventually become part of the City of Palm Springs through the annexation process.

The Crossley Tract (a.k.a. Crossley Gardens and Crossley Estates) Concurrent with the sale of the Crossley Court acreage, Lawrence Crossley announced the subdivision of a new tract two miles east of Palm Springs and one mile south of Ramon Road in what was then Cathedral City. It was a 77-parcel subdivision bordered by 34th Avenue on the north, Martha Street on the south, the east side of Maguerite Street on the east, and the west side of Lawrence Street on the west.

The new subdivision would accommodate the displaced tenants of Crossley Court. Original plans called for 32 of the 3 7 homes from the Ramon acreage to be relocated to the new subdivision of 79 lots.''' Crossley also purchased one building from Lineau Village to "provide sufficient living space for seven families."'" The Lineau Village building burned down in I 956 shortly after its relocation to the Crossley tract.

Crossley appears to have developed a partnership with the Sun-Spa Development Corporation.

President of Sun-Spa Development, Al Casey, explained, 'W e're particularly interested in providing immediate, low-cost housing for residents forced to move from Section 14 because of the new Indian Land Leasing Agreements.""•
Lawrence and Martha Crossley take
possession of the keys to their home
at3 4-32 l Lawrence Street. Source:

The Desert Sun, September 19, 1958.

The Crossley Tract (which is also referenced in early press as Crossley Estates and later Crossley Gardens) consisted of a series of modest, three-bedroom, two-and-a-half-bath Minimal Traditional Style homes. Grading began in spring of 1958 and the first home was ready for occupancy by September. 8a2 Ir is rurrendy unknown how many buildings may helve been moved to the Crossley Tract. "' "Land Deal to Ease Housing Situation," The De>elt Sun, September 14, 1953. "' "Low Cost Housing Project Announced East of Village," The Deselt Sun, March 27, 19 58.

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Amenities included paved streets, natural gas, and school bus service - all services not available at Section 14. The homes were built to F.H.A. Standards and available for down payments of $50 with monthly payments of $65. Ads from the period suggest that buyers were allowed to pick their lots as well as the plan. A model home was located at 34-12 6 Lawrence Street.'" Lawrence and Martha Crossley lived at 34-321 Lawrence Street.'"
In 1959, the Crossley Tract was annexed into the City of Palm Springs.'" By 196 1, approximately 30 homes had been built in the tract.•••The project faltered after Crossley's untimely death in 1962. In late January of 1 969, Crossley Gardens was hit by a flash flood that buried the tract's homes in several feet of mud and caused more than $145,000 in residential damages and $2.8 million in damages to the Whitewater Flood Control Channel.'"
Ad for Crossley Gardens Tract, featuring
testimonial by African American owners.

Source: The Desert Sun, April 5, 1963.
8'5 Advertisement, The Desert Sun, April 5, 1963, 15.
836 Addresses are the historic addresses, before the tract was annexed by the City of Palm Springs. '" "Council Orders Annexation of Sections, 20, 29," The Desert Sun, March 24, 1959. "' "Plan for Negro Eviction from Palm Springs; Los Angeles Sendnel, October 5, 196 1. "' "Crossley Residents Claim $145,000 Flood Darrages; The Desert Sun, May 2, 1969.

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Desert Highland Estates
Desert Highland Estates was a 281-parcel subdivision bordered by Tramview Road on the north, Las Vegas Road (present-day Rosa Parks Road) on the south, Indian Canyon Avenue on the east, and the west side of Avenida Cerca on the west. At the time of its development in 1951 , the tract was outside the Palm Springs city limits. After the final evictions and razing of Section 14 in 1963, the newly displaced families often turned to friends and residents in Desert Highland Estates to take them in.

Nearby Gateway Estates also became a relocation destination.

Originally subdivided by Mary Jacobs and Lilian E. Broudy, the plan of the subdivision was designed as a series of concentric ovals bisected by Granada Avenue. The majority of the parcels were 75' x 100' with irregular parcels slightly larger. The development was not an immediate success and many parcels remained undeveloped well into the early 1970s. 840 Newspaper accounts from the early 1960s indicate that well-known Palm Springs contractor and City Councilman Leonard Wolf may have been interested in developing homes for people of color in this area. 841 For African Americans evicted from Section 14, Desert Highland Estates became the favored residential development.'" In his oral history, Billy Pellum remembered a developer, Harmony Homes, who built homes for those residents, "You would buy the property and they would use the property for a loan to build the house ... and then once built you were only paying about $60 per month ... You were doubling or more what it cost you to live per month at Section 14." •43 Banning-based Dunes (a.k.a., Dumes) 844 Construction Co. was the local builder of New York-headquartered Harmony Homes. Dunes Construction Co. was founded in 1958 by Gerald V. Anderson and James C. Armstrong. The company specialized in the construction of homes for working class people and built 600 residences in Riverside, San Bernardino, and Imperial Counties. The company built from a roster of simple standardized plans and plain styles.••s Dunes Construction Co. also arranged for loans for many African American families through San Gregornio Bank in Banning and Sterling Savings and Loan in Riverside. 846 Palm Springs financial institutions would not lend to African Americans at the time.

A 1958 ad for the company in the Desert Sun depicted a minimal, pared-down Modern design with two-bedrooms and a carport for $3,995 .8• 7 A 1959 ad touted standard features such as aluminum windows, Birch cabinets, central hall plan, and white rock roof.••• 840 Historic Aerials.com, 1972.
'" "What is Behind This Tirade," The Desetr Sun, October 3, 1961. '" Amanda Covanubias," 'Toe Other Side of Palm Springs;' Los Angeles Times, Novermer 5, I 984, FL 843 Billy Pellum, Oral History, Palm Springs Historical Society, March 16, 2011. 844 Historical sources also reference "Dumes Construction," as the name of the company. 845 "Shake Roof and Old Brick Front Feature Doctor's Home," The Desetr Sun, October 30, 1964. 846 Ryan M. Kray, "Second-Class Citizenship at a First-Class Resort: Race and Public Policy in Palm Springs," (PhD diss., University of California Irvine, 2009), 334.
847 Advertisement, The Desetr Sun, May I, 19 58. 84' Advertisement, TheDesetrSun, January 16, 1959.

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Gateway Estates
Gateway Estates was a 76-parcel, irregularly-shaped tract bordered by parcels to the north of Las Vegas Road on the north, a series of cul-de-sacs south of Gateway Drive on the south, Eastlake Road to the east, and Video Road to the west. F.H.A. and G.I. financing packages were available for these homes and the sales office was located at 3500 N. Palm Canyon Drive. By mid-1960, 22 permits for homes on Juan Circle, Gateway Drive, Juanita Circle, Ashley Circle, and Gladys Circle had been issued.849 {:{.* t;-t~ -t~ / t],-1
~i~~i~ItJ~1
~ "STAIRWAY TO THE . S'JAICS .. TRAMWAY
"BUllD A

STAIRWAY
TO HAPPINESS"
3 b«l,oo,.n, 2 berths, plw
family room, luxurioH wall
to wall corpelin9, ci, «mditlonod
by r, lrigtn:ition, li:lewolh
and 1ewers, conpli!lely tencedin e1lote-,i,11 lot1 .. • 11r the toot of thotobulou, "SIOirvfQJ lo tho Stem" tromway.

ON.IP $18.550:~
$450 DOWN
Gateway Estates touted its
proximity to the new Aerial
Tramway. Source: "Display Ad
132," Los Angeles Times, January
14, 1962,D 16
In September of 1966, the City of Palm Springs annexed the "Desert Highlands" neighborhood.85° The move added 1,200 residents, many of whom were African Americans evicted from Section 14. 85' By 1984, the "Desert Highland-Gateway Estates" neighborhood had become the heart of the African American residential community in Palm Springs.85'
849 "City Building in Week Tops Half Million," The Desett Sun, April 26, 1960. 85° "Highland Estates Annexation Approved," The Desett Sun, September 2 1, 1966. 851 "Highland Estates: Annexation Approved," The Desett Sun, Septerri>er 2 1, 1966. 85' Amanda Covarrubias, "The Other Side of Palm Springs," Los Angeles Times, Noverri>er 5, 1984, FL

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Original Desert Highland-Gateway Estates residents Joseph and Ruby Abner in front of their home in 1984. Source:

Los Angeles Times, ovember S, 1984, FI.

Silver Top Apartments
325
Prior to annexation, the area north of the city was home to the Silver Top Apartments. In 1959, Louis Lenzer ( 1896-1977), a Long Beach jeweler-turned-real estate investor built what he originally intended to be an "own-your-own-apartment'' project at 63-52 1 Las Vegas Road. 8" By I 959, the apartments were advertised fo r lease as "designed for the working community to live in luxury at lowest cost."854 The Los Angeles Sentinel reported, " ... from the time [Lenzer's] resort opened, it welcomed all visitors and citizens, regardless of race, creed and color." 855 The one-story buildings were clustered around a large heated pool. Unfurnished units were available fo r $75 per month with the intent that renters would stay year around, "preferably people who work on hotel staffs, in drug stores, at department stores, school teachers, nurses and the like." 856 By 196 I, prices had come down to $60 per month for an unfurnished unit. After moving to Palm Springs, African American residents Nona and Billy PeUum, a house cleaner and cook at a resort, resided at Silver Top.857 Some displaced residents of Section 14 also found housing at the Silver Top. 85' 85' Lenzer also operated a jewell}' score at 398 N. Palm Canyon Drive. 854 Advertisement, The Deserr Sun, September 22, 1959. 855 Leon H. Washington, Jr., "Wash's Wash,' las Angeles Sentinel, Decerrber 19, 1963, A6. 856 "Silver Top Apanmenrs Have Unusual Siruation," The Deserr Sun, March 24, 1959. 857 Nona Pellum, Oral Histol}', Mard1 16, 20 I I, Palm Springs Historical Society. 858 The property was part of tl1e annexation of Section 3 2. However, in the late I 960s, the property was demo fished.

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Community Outreach and Housing, 1967-1969
The late 1960s was a period of racial tension in cities across America. The deterioration of race relations at Palm Springs High School was reported by lbe Desert Sun during this period. As a result, the City of Palm Springs created a community outreach position focused primarily on the northern part of the city.

In 1968, Charles Jordan (1937-2014) was appointed as Assistant to the City Manager in what was essentially a community relations position. He represented the city on issues of education and on the Palm Springs Housing Committee, and he was active in the development of Desert Highland Park. 859 L: Charles Jordan, former Assistant to the City Manager in Palm Springs. Source: City of Portland. R: Groundbreaking for Seminole Gardens. Left to right, Tom Essen, Director of Public Works; Richard Smith, Director of Planning and Development; Charles Jordan, Administrative Assistant to the City Manager; Stanley Nerman, attorney; Joseph F. Sanson, Investor; Dudley Smith, contractor. Source: The Desert Sun, August 22, 1968 Jordan, a former Palm Springs High School basketball star, had lived on Section 14 before his family relocated to Banning. After earning a college scholarship and graduating from Gonzaga University, Jordan returned to Palm Springs. In 196 1, Jordan was hired to become the Recreation Supervisor for the city, making him the first African American to serve in local city government. While he held this position, he lived at 63-800 Bon Air Drive in Desert Highland Estates.''° Jordan was instrumental in bringing the city its first medium-income, Federally-funded residential project, Seminole Gardens, on IO acres at 2607 S. Linden Way (extant) in 1969. As reported in the Desert Sun, Jordan indicated "persons displaced as a result of the Urban Renewal Program demolition of Section 14 would have top priority on the homes." 86 1 The $500,000 Seminole Gardens project featured 60, twoand three-bedroom apartments on nearly three acres with heated pool, laundry and landscaped areas.

Despite this investment, demand for low-income housing far exceeded supply. In 1970, Jordan relocated 859 "Palm Springs Loses a Good Man;' The De<err Sun, July 2, 1970. 860 Address corresponds to historic address, before Desert Highland Estates was annexed by the City of Palm Springs. 861 "Work Starts Here on Medium·lncome Units," The Deserr Sun, August 22, 1968.

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to Portland, Oregon where he served as Portland's first African American commissioner and long-time parks director.

Summary: Residential Development
In summary, residential development patterns for Palm Springs' communities of color reflected the development of one of Southern California's most popular resorts. The unique checkerboard of land ownership in the area contributed to the development of a diverse, yet segregated, community. For African Americans, Latinos, Filipinos, Chinese, and Japanese residents seeking to improve economic opportunity for themselves and their families, Palm Springs provided much coveted jobs in the pre- and post-World War II periods. Whether it was building the infrastructure or supporting the hospitality industry, communities of color made vital contributions to the city.

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THEME: RELIGIOUS, EDUCATIONAL, AND CULTURAL INSTITUTIONS ASSOCIATED WITH ETHNIC MINORITIES (c. 1917-1969)
328
Palm Spring,' communities of color developed their own religious, social, and cultural institutions.

Meeting places for these groups included private homes as well as communal building,. The following provides an overview of some of these significant institutions.

In addition to residences, Section 14 was home to the first place of worship in the village. 862 In 191 1, the Agua Caliente Band of CahuiJla Indians donated land to the Catholic Church, and St. Florian Chapel, the vernacular-style adobe86• structure was built there in 191786• as a mission church by the Franciscan Order. It was located at the comer of East Arenas Road and South Calle El Segundo.8•s After years of dormancy, 866 the church was to be reactivated in 1948 by Father Ramon "Raymond" Kl um bis ( I 914- 1 99 l) as part of the first annual Feast of Our Lady of Guadalupe (a.k.a., fiesta). 867 Klumbis' plans were thwarted, however, when an earthquake rendered the structure uninhabitable and the mass and fiesta were moved to St. Theresa's. By August of 1949, the condemned structure was demolished and the name of the parish was changed to Our Lady of Guadalupe.

The vernacular St. Florian's Chapel constructed c. 191 7 at the corner of East Arenas Road and South Call e El Segundo. Source:

Our Lady of Guadalupe website.
862 "Little Reseivation Church, First in Village, Re-Opens Sunday for Active Services, The Desen Sun, Decerrber 7, 1948. 863 "Fr. Kluni>is Announces Intention to Resign Pulpi~" The Desen Sun, janual)' 2 1, 1952. 864 According to the histol)' section of the church website, a new church was erected in 1930, but no evidence of this was found in the Deserc Sun. 865 "Churches Play Major Role in Dese,t; The Dese1r Sun, March 27, 1965. 866 According to the book We Were Here, Too, during the period that the early Mexican residents were housed in tents on the McCallum golf course, they attended Our lady of Soli1Ude Catholic church at I 5 1 W. Alejo Road. 867 The fi lm actor Ramon Navarro was the Mast of Ceremonies for the first two fiestas.

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As a replacement place of worship for the congregation, Father Klumbis repurposed a barracks building previously constructed as a hospital ward for Tourney Hospital. With the volunteer labor of the parishioners, many of whom were Latinos living on Section 14, the building was transformed into a church. The whole neighborhood contributed; women in the community raised the funds and the men provided the construction skills. The new church was officially dedicated on March 11, 1950. In 195 1, seasonal resident Rosemary Frey gifted a marble statue of the Virgin Mary sculpted by the Italian artist Giovanni Battista Barsanti to the church as a result of being "charmed by the simple little church on the reservation.""'' Father Klumbus was also responsible for the building of a playground on Section 14.

In 1952, Father KJumbi left and Father Thomas[. Flahive(! 900-2000) became pastor. The growth of the parish during the I 950s resulted in the building of a larger church in 1963-64 for$ 130,000.•'9 Again, parishioners provided much of the labor. The church, located at 204 S. Calle El Segundo, remains standing today as one of the few Section I 4 buildings that survived the final clearance.

O ur Lady of Guadalupe church under construction in December of 1963.

Source: The Desert Sun, December 13, 1963 .
868 "Statue Presented to little Church on the Reservation; The Deserr Sun, November 8, 195 1. "' "Ready Soon," The Des err Sun, Decerrber 13, I 963.

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In addition to Our Lady of Guadalupe, Section 14 was also home to The Full Gospel Church (Assembly of God), and the First Baptist Church of Palm Springs. The Full Gospel Church was located at Andreas Road and Indian Avenue (present-day Indian Canyon Avenue),"" next to Hatchitt's Trailer Camp; the congregation was active in the late 1930s. It was co-pastored by two women, Mrs. Ruth Williams and Mrs. E. W. Watson. In 1944, C.H. Austin took over as pastor.•11 By I 9 50, Charles L. Farmer was in charge. 87' In 195 1, the church building was moved from its location on Section 14 to 12 90 East Ramon Road (not extant) under Reverend Walter C. Hanneman.•73 The First Baptist Church of Palm Springs was fo unded by Rev. W.P. White in 1946. Services were initially conducted in a tent. Around 194 8, under the direction of Rev. T.H. Reagans, a 130-seat church was built on Section 14.•1 • A parsonage was built in 1 948_ '75 African American Church congregation, likely the First Baptist Church of Palm Springs on Section 14, c. 1950. Source: Palm Springs Historical Society
In 1958, former Texan, Reverend Jeff Rollins (1918-2004) became pastor. In 1963, he announced the building of a new church seating 210 congregants in the north end of the city at 63-540 Las Vegas Road (also 588 Las Vegas Road and present-day 588 Rosa Parks Road). The expressive Modern-style church (1965, Lawrence Lapham) was designed at a cost of $90,000. In addition to the sanctuary, the church had I 7 classrooms and fellowship rooms. The built edifice appears to have deviated from the original design, likely due to budgetary considerations. The church was also later the home to the Palm Springs Child Center, providing child care for working mothers and low-income families of the 870 Later, the address for the location became 2 16 S. Indian Avenue. 811 "Former Engineer Takes Pastorate at Local Church," The Desert Sun, November I 0, 1944. '" "Advertisement;' The Desert Sun, December 30, I 949. 873 "Church ls Moved to New Location;' The Desert Sun, December 6, 195 1. 874 "New Church Building Slated for Palm Springs," The Deserr Sun, April 8, 1963. 875 First Baptist Church of Palm Springs Website, http://www.firstbaotistoohnsorings.org/church-history/ (accessed August 20, 20 17).

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community. In 1967, groundbreaking was held for a new child-care facility ( I 968, architect unknown) on the church property.

Rendering of First Baptist Church of Palm Springs at 588 Rosa Parks Road as envisioned by architect Lawrence Lapham. Source: The Desert Sun, April 5, 1963.

Church congregants celebrate groundbreaking. Reverend Jeff Rollins kneeling at right. Source: The Desert Sun, November 22, 1963 .

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Children of color who lived on Section 14 during the 1930s attended school at the "Americanization Room" at the corner of present-day Alejo Road and Indian Canyon Drive at the rear of Frances Stevens Elementary School. Students were mainstreamed in the 4th grade. By the late 1970s, the building had been relocated to Van Fleet Street, north of Third Street in Cathedral City (Officer David Vasquez Road and Monty Hall Drive). The school has since been demolished. High school students attended Banning High School until the creation of Palm Springs High School (1 938, G. Stanley Wilson) in 1938. Although the building of a school on the reservation was discussed briefly in 1957, it never came to fruition. 87' The "Americanization Room"
after moving to Cathedral City
as it appeared in the late
l 970s. Source: 7he Desert
Sun, February 15, 1977.

During the 1930s, the Latino community formed a mutual aid society known as the Alancia to assist families with benefits, life insurance, death benefits, and other needs.877 When the Alancia faded, it was replaced with the more socially-oriented La Colonia Mexicana, also known as the Mexican Colony Club. The Club was active during annual Desert Circus Week; they sold souvenirs and foo d, crowned the Mexican Colony Queen, and entered a Mexican Colony float in the parade. The Colony was also active during World War II, visiting hospital patients of Mexican descent recuperating at Tourney Hospital.

In We Were Here, Too, the construction of a communal building on Section 14 known as "El Salon" or "the Hall" (not extant) was identified as an important gathering place.878 In 1945, Palm Springs Lions Club member Frank S. Partridge, Jr. (1893-1 954)•79 suggested the idea of a Boys Club. Partridge was named executive director, and in 1948, the Club purchased a war surplus hospital building from Tourney Hospital and leased a parcel of land on East Andreas Road on the 876 "Section 14 School, Top Hea-.y Salaries Are Budget Protests," The Desen: Sun, August 9, 1957. 877 Barbara Eves, Cydronia Valdez and Vera Wall, "We We re Here, Too," (Palm Springs, CA: Palm Springs Historical Society), 12·

13. 878 Barbara Eves, Cydronia Valdez and Vera Wa l~ 'We Were Here, Too," (Palm Springs, CA: Palm Springs Historical Society), 74. 879 Partridge was also a well-known photographer in the Village.

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reservation.'"" Community labor transformed the building into a clubhouse. In his oral history, Charles f ordan remembered the Boys Club as the only social institution available to young residents of Section

14.'" Partridge was beloved throughout the community of Section 14 and the programs he founded continued to benefit the youth in Palm Springs for years after his passing. One hundred "underprivileged" boys between the ages of 8 and 16 years old were members of the Boy's Oub in 1954."' L: Boys Club football team from 19 55 with many players who lived on Section 14. Source: The Desert Sun, December 8, 1955. R: Mrs. Roben Broer, Ned Alejandro, Taquing Alejandro, Tony Biavischi, John Rondares, Ellen Biavashi and Dela Cruz discuss annual Filipino Fiesta. Source : The Desert Sun, June 24, 1971 .

In 1960, the local Filipino commu nity formed the Filipino Club under the leadership of Lawrence "Larry" Aglipay ( 1908-1978). With a roster of 59 members and a "potential of 200," the community was still small relative to the Latino or African American communities.'" One of the cultural events established during this period was the "Filipino Fiesta" which became an annual fundraiser benefiting St.

Theresa's Catholic Church. It featured Filipino culture, food, and entertainment. By 1965, the Filipino Community Association of Palm Springs was quite active in the community in philanthropic pursuits; they also entered a float in the Desert Circus Parade. In 1969, the Luz-Vi-Minda Association for local Filipino women was formed. 88•
880 "Boys Club Could Use More Furnishings; The Desea Sun, March 11 , 1949. 881 Charles Jordan, "lncemew with Charles Jordan; incemew by Clark Hanson, O regon Historical Society, April 6, 200 I. 88' "Frank Pattridge, Veteran Village Photographer Dies, The Desea Sun, April I, 1954. 883 'New Filipino Club Seeks Clubrooms; The Desea Sun, December 26, I 960. 884 'New Filipino Club Forming on Desen; The Desett Sun, October 8, I 969.

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In 196 1, the Desert Improvement Committee was formed to "generally raise the status of negroes within the community."88s The organization was founded by Reverend George Scott, Jr., a Pentecostal minister affiliated with the Palm Spring Church of God and Christ; and Joseph M. Jackson, a local developer, both of whom were local activists against the forced evictions from Section 14.886 Scott went on to be a provocative figure within the community, orchestrating Los Angeles television coverage for a local rezoning hearing on affordable housing.

In 1968, the Desert King Dreamers Club was founded as a women's organization to support employment, culture, and civic progress in the desert region. The club held a number of cultural, philanthropic, and social events in the late 1960s, usually at the Palm Springs Child Development Center. Around this same time, another African American club known as the Ashanti Club was formed among students at Palm Springs High School, to promote African American history and culture.887 The American-Mexican Political Society (AMPS) was formed in 1968 at the home of its president, Frank P. Hernandez, at 4433 E. Sunny Dunes Road (extant). The group was founded as a non-violent, peaceful activist group to encourage civic-engagement among Latinos. Another important club from the I 960s was the Mexican American Youth Association (MAYA).

Summary: Religious, Educational, and Cultural Institutions Religious, educational, and cultural institutions provided social support, fellowship opportunities, and a means of expressing cultural identity for the communities of color in Palm Springs. During times of hardship, these institutions were rallying points for the close-knit communities and a vehicle for connecting to the larger political, social, and ideological issues of the times. 885 "Negro Booster Group Forrned Today;' The Deselt Sun, June 20, 196 1. 886 "Negro Booster Group Forrned Toctay; The Deselt Sun, June 20, 196 1. 8'7 Peart Taylor Deaver>, "Interview with Pearl Taylor Deaver,," interview by Oceana Collins, Palm Springs Historical Society, September 9, 20 I I.

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THEME: COMMERCIAL DEVELOPMENT ASSOCIATED WITH ETHNIC MINORITIES (c. 1930s-1969) Although most people of color in Palm Springs were employed by the resorts, a few business owners emerged during the I 930s. One of the earliest and most colorful operators in the village was Arturo Arguelles of Pedro and Arturo's ( 102 E. Andres Road, 122 E. Andreas Road in the 1930s; later at 203 N. Palm Canyon Drive; not extant). Started in 1936, the shop sold leather goods from Mexico."' Pedro was a straw dummy on display in the shop. For several years, Arguelles split his season between Palm Springs and Catalina.

Although several businesses operated on Section 14 (a paint and second-hand store, a general store, cafes, repair garage, markets, and a bakery), the majority of these commercial enterprises appear to have been run by Caucasians."' A notable exception was the Marcus Cafe (not extant) owned by Lawrence Crossley and operated by Marcus Caro (I 907- I 977).''' Many early Japanese Americans living in Palm Springs who were not employed as domestic workers were involved in the floriculture and produce business. Tek Nishimoto managed the produce department at the El Paseo Market in the village, and George Kurata managed the produce department at the Murray Brothers' market on Section 14 in the late 1930s. Risuke (Yoshiye) Muramatsu (1 906- 2000) and his wife Doris arrived in Palm Springs in 1936 and operated the Palm Springs Florist and Greenhouse at 15 6 S. Indian Avenue;''' they employed Frank Matsushita and K.H. Yoshida. The Muramatsus spent each off-season in Los Angeles where they also operated a floral shop.''' The business thrived and by October of I 941, they occupied a building at North Palm Canyon Drive and El Alameda.'" After the bombing of Pearl Harbor, the Muramatsus were fo rced to sell their business and were incarcerated at Poston, Arizona along with approximately 200 other Japanese residents from the Coachella Valley.,,. After the war, Muramatsu returned to Los Angeles to rebuild but does not appear to have returned to Palm Springs.

Another prewar Japanese businessman was K. Yoshimoto who started the Chop Suey and Sukiyaki House at 415 N. Palm Canyon Drive (in the Pacific Building) in 1938. Billed by the Desert Sun as "One of the most charming and distinctive of Palm Springs wide variety of eating places," by 1940 it was under the management of Hiro Uchiyama.'"
888 'That Amiable Horrt>re from Mexico;' The Desert Sun, October 17, 1941. "' Business operators in Section 14 as of September I 93 8 inducted Joe Schreider, Murray Brotge rs, Simon Abdunnur, Max Ransom, C E. Bunker, A. Rosenbaum, Pumel Brothers, and Max Rowland. ''' According to the January 12, I 94 S The Desert Sun, the Caros purchased and managed La Hacienda APa rtments at 259 South F\ilm Canyon.
891 The 1939 Pa lm Springs City Directoiy does not list a residential address for the Muramatsus. It was common for Japanese merchants to live at the rear of their businesses during this period. ' ' ' "P.S. Florist and Greenhouse Opens Next Week," The Desert Sun, Septerrt>er 29, 1939. '" "Sole Green House in Village Opens This Week for the Season; The Desert Sun, October I 0, 194 1. 8' 4 "japs Excluded from East Half of County by Fourth Army Order; The Desert Sun, May IS, 1942. 895 "Oriental Foods Are Palate Pleasers; The Desert Sun, March I, 1940.

FINAL DRAFT- FOR CITY COUNCIL APPROVAL
City of Palm Springs
Citywide Historic Context Statement & Survey Findings HISTORIC RESOURCES GROUP

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L: Advertisement for K Yoshimoto's Chop Suey and Sukiyaki House, Palm Springs News, December 29, 1938. R: La Casita Restauran~ 36 1 East Andreas Road, 194 7. Owner, Rafaela Mormolejo at tableside. Source: The Desert Sun, October 14, 1947.
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Another restaurant entrepreneur was Rafaela Mormolejo, the co-owner and co-manager of Palm Springs' first Mexican restaurant, La Casita Cafe located at 361 E. Andreas Road (not extant). Opened in I 94 7 with her brother-in-law Manuel Villegas, the restaurant featured Mormolejo's home cooking in a cafe setting. As previously discussed, Refugio "Cuco" Salazar was also a relatively successful hospitality provider with his "Pioneer Club."
Aside from Lawrence Crossley, African American businessmen typically did not flourish in Palm Springs in the same way as other ethnic groups. In 1963, the Los Angeles Sentine/lamented "there is no negro business of any nature" and "not even a Negro barber. .. not to mention the absence of other professional services, negro Doctors or lawyers."•••
Although the commercial development history for communities of color is relatively modest when compared to the tremendous growth of Palm Springs, these examples provided inspiration to other community residents.
''' Leon H Washington, Jr., "Wash's Wall; Los Angeles Sentinel, June 13, 1963, A6.

FINAL DRAFT- FOR CITY COUNCIL APPROVAL
City of Palm Springs
Citywide Historic Context Statement & Survey Findings HISTORIC RESOURCES GROUP

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CONCLUSION
Communities of color made significant contributions to the history and culture of Palm Springs which is often overlooked in written histories of the city. Many of the African Americans, Latinos, and Asians came to the city to build a better life for themselves and their families. In the process, they contributed to the growth of one of the most revered resorts in Southern California, created a strong community, and withstood inequities. This chapter is meant to introduce these stories as part of the layered history of Palm Springs, and to identify potential historic resources that may have significance for an association with one of the communities of color in the city. It is anticipated that new information about these communities, along with additional information about individual properties and neighborhoods will be identified by future researchers.

Potential historic resources that are eligible under this context will typically be eligible under National Register Criterion A, California Register Criterion 1, and/or City of Palm Springs Criterion 1 for an association with events/patterns of development that have made a significant contribution to history; or National Register Criterion B, California Register Criterion 2, and/or City of Palm Springs Criterion 2 for an association with a person who has made a significant contribution to history.

Individual properties and potential historic districts that are significant for an association with ethnic minority communities in Palm Springs may also be eligible under other contexts/themes associated with the development of the city.

FINAL DRAFT- FOR CITY COUNCIL APPROVAL
City of Palm Springs
Citywide Historic Context Statement & Survey Findings HISTORIC RESOURCES GROUP

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SCOPE OF WORK ATTACHMENT B
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CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 18, 2021 NEW BUSI NESS
SUBJECT: DISCUSSION OF REPARATIONS PROGRAM RELATED TO SECTION 14

EVICTIONS AND POSSIBLE DIRECTION TO STAFF
FROM: Justin Clifton, City Manager
SUMMARY:

This agenda item provides an opportunity for City Council to discuss a broad conceptual framework for a reparations program following the formal apology for Section 14 evictions and the decision to begin the process for removing the Frank Bogert statue from in front of City Hall.

RECOMMENDATION:

Direct Staff as appropriate.

BACKGROUND:

Section 14 is an approximately one square mile tract of land owned by members of the Agua Caliente Band of Cahuilla Indians. Between 1930 and 1965, Section 14 was home to many Black, Indigenous and other minority residents. Between the late 1950's and mid1960's, the City of Palm Springs facilitated the eviction of Section 14 residents, including the destruction of homes and personal property, so that the Section 14 property could be developed commercially. Frank Bogert served as Mayor of Palm Springs during much of the Section 14 evictions, causing some Palm Springs residents to perceive him as a symbol of the evictions.

On September 29, 2021 , City Council held a joint session with the Human Rights Commission regarding Section 14 and the Bogert statue located in front of City Hall. At the meeting, City Council gave direction to Staff to begin the process of removing the Bogert statue, issued an apology for the City's role in evicting residents from Section 14, and directed Staff to return to City Council to discuss a possible reparations program.

STAFF ANALYSIS:

There are numerous key questions that need to be answered to make meaningful progress creating and implementing a reparations program. Reparations for slavery has been discussed in America for decades, but very few actual reparations have ever been 5A-1

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paid, in part because of the complicated questions that arise when trying to contemplate what a thoughtful and effective reparations programs should look like.

The questions and analysis below are not exhaustive and do not reflect thorough public policy research on reparations. Rather, this staff report contains broad areas of discussion identified through preliminary research that are intended to help frame the general parameters of a reparations program. Staff anticipates refinement and implementation of a reparations program to take place over many additional months and even years.

Should the program be built on a settlement approach or an atonement approach? There have been myriad approaches to reparations put forth by a large variety of advocates. Two broad distinctions of reparations proposals include a "settlement approach" and an "atonement approach." The settlement approach attempts to quantify what is owed, similar to the way damages would be calculated in a traditional settlement dispute. Accordingly, reparations for Section 14 evictions would likely attempt to calculate the value of residential and personal property destroyed, apply factors for interest or potential opportunity losses and derive at a number owed to each individual or household.

The advantage of the settlement approach is that it is likely the most thorough way to establish a true nexus with the economic damages associated with Section 14 evictions.

Another advantage is that once economic damages are calculated and paid, the reparations can be considered complete.

One of the disadvantages of the settlement approach is that it can be difficult to determine a methodology for calculating damages that withstands scrutiny. It is unclear what records exist and what details those records can substantiate. The resolution adopted by City Council to issue a formal apology for Section 14 evictions states that, "The City of Palm Springs kept no official records of the persons displaced and the residences destroyed in Section 14 .... "
The atonement approach, by contrast, is focused less on a strict calculation of damages and more on the need to make things right. The advantage of this approach is that it doesn't rely on economic calculations that can be difficult to establish and defend. Also, the atonement approach can be evaluated and adjusted over time as necessary to achieve the desired goal to make amends or to achieve the outcome of greater social equity.

The disadvantage of the atonement approach is that it may diminish the nexus with the economic damages associated with Section 14 evictions, and the more open-ended nature of the atonement approach may feel like less of a concrete commitment to the intended beneficiaries of reparations.

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Should reparations be limited to those with direct ties to Section 14? While Section 14 is the impetus for local reparations in Palm Springs, it remains a question whether reparations should be limited to those with direct ties to Section 14. The advantage of limiting reparations to those with direct ties to Section 14 is that it reinforces and accentuates the nexus between reparations and the particular historical circumstance for which the City is trying to make amends. Another advantage is that keeping the scope of reparations narrower constrains the potential financial impact of a reparations program.

One disadvantage of such limitation is that establishing thresholds and standards of proof for eligibility could be very difficult. For instance, even if there is a good historical record for proof of residency in Section 14, it may be difficult to substantiate which families resided at the time of evictions and the value of lost personal property. Perhaps more importantly, limiting reparations to those with direct ties to Section 14 could exclude Palm Springs residents who experience significant inequity from benefiting from a reparations program.

Reparations have long been discussed in the context of the history of slavery in America, the eviction of Indigenous People from their lands, and other historical examples of discrimination that have resulted in substantial inequity for minority populations.

Expanding this program to address reparations for Section 14 and other instances of historic discrimination that have exacerbated inequity among Palm Springs residents would make program administration substantially easier and expand the benefit of such programs to other disadvantaged residents.

Should reparations be limited to Palm Springs residents? The answer to this question may hinge somewhat on whether the program is built on an atonement approach or a settlement approach. Since the settlement approach is premised on calculating economic damages, it likely suggests directing reparations toward all those directly impacted by Section 14 evictions, regardless of whether they remained in Palm Springs.

Under the atonement approach, the premise could be that Section 14 created substantial inequity within the community of Palm Springs and the goal of reparations is to address the inequity within Palm Springs. The disadvantage of narrowing reparations to current residents of Palm Springs is that it may leave out families that were impacted by Section 14 but who moved away from the area.

Should reparations be made in the form of payments or programs? The advantage of issuing reparations in the form of monetary payments is that it allows those impacted by the Section 14 evictions the ability to use funds for whatever purpose they deem most appropriate. Payments are also sometimes viewed as the only way to concentrate the benefit of reparations in the hands of the intended beneficiaries. Monetary payments are well aligned with a settlement approach to reparations.

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The disadvantage of monetary payments is that it can be difficult to establish a clear nexus between Section 14 evictions and the amount of payment, making the program vulnerable to criticism and potentially state laws that prohibit the gift of public funds.

One of the advantages of making reparations in the form of programs is that it is easier to substantiate public benefit, thereby avoiding a potential gift of public funds arguments.

Another advantage is that programs can be designed to grow targeted attainment in social conditions known to create greater equity. For instance, greater attainment of education, income, housing, healthcare and the like are associated with myriad benefits that impact socioeconomic status and wellbeing. Making reparations in the form of programs enables the City Council to ensure reparations are directed at these socioeconomic conditions.

How much should be allocated?
City Council had a very brief conversation about the amount of funds that would be allocated to a reparations program. Currently, the City's General Fund Balance is healthy, due in part to the dramatic cuts to operations during the pandemic and the Federal Funds distributed to cities through the American Recover and Reinvestment Act (ARPA). While the City's General Fund Balance is relatively healthy, it should be noted that these are not on-going resources. For that reason, funds allocated from Fund Balance should favor one-time expenditures. It should also be noted that there are substantial unidentified priorities that could be addressed with surplus fund balances.

City Council briefly discussed making an allocation of $5 million for a reparations program.

This amount could be safely allocated from existing fund balance, enabled by ARPA funding. Council could also direct Staff to allocate any other amount that our current financial condition allows.

What kind of programs should be considered?
City Council could consider countless programs. Assuming Council favors programs that are designed to close the attainment gap in education, income, healthcare and housing, Council could consider:
• Leveraging funds for a Universal Basic Income Pilot Program • Expanding the City's existing Housing Fund for weatherization / fa9ade and landscaping improvements
• Down payment assistance / home equity partnership to promote home ownership • Investment in JOJ and other neighborhood facilities that promote health and wellness
• Equity grants for service providers for existing and new programs • Job Training
• Youth programs
• School scholarships
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What have other communities done?
While there are countless examples of social programs designed to address the inequities among disadvantaged groups, there appear to be only a small handful of local governments that have had earnest conversations about reparations, per se. And among those communities that have discussed or committed to reparations, even fewer have actually dedicated funding and begun administering programs. Accordingly, Palm Springs would appear to be among the very first communities in the U.S. to administer a robust reparations program. Preliminary research reveals the following examples of reparations efforts in other U.S. communities:
• Thirteen Mayors have signed onto to MORE: Mayors Organized for Reparations and Equity, an organization dedicated to the pursuit of reparations for Black Americans due to the history of slavery. Mayors signing on represent: Los Angeles, CA; Sacramento, CA; Stockton, CA; Denver, CO; St. Louis, MO; Tallahassee, OK; Providence, RI; Austin, TX; Asheville, NC; Carrboro, NC; Kansas City, MO; Durham, NC; and Saint Paul, MN.
• Evanston, IL committed $25,000 per household for down payment assistance as a form of reparations. The initial program includes an initial investment of $400K, but the City is expected to commit as much as $1 OM over a period of years from cannabis tax proceeds.
• Ashville, NC committed $2.1 M for reparations for Black communities focused on programs to create greater access to education, jobs, healthcare and housing. The program was created in 2020 and it is unclear if any funds have been expended. • Providence, RI issued a 200-page report outlining racial injustices perpetrated on Black and Indigenous persons as phase I to a three-phased approach to addressing reparations. Phase II is expected to be a public "reconciliation" about the details of the report. Phase Ill is intended to include actual reparations. • Culver City, CA issued a resolution formally apologizing for racial history and will consider a reparations program.

Other considerations:
• One common criticism about the few reparations programs that exist is that they can be slow to deliver. For this reason, Council could consider a blend of programs that include some that could be deployed rapidly and others that may take more time to develop.
• Council may wish to also create a blend of programs that concentrate benefit directly at the individual/family scale, such as down payment assistance or home repair assistance, and those with broader public benefit, such as investment in neighborhood parks.
• Council could consider further analysis that would analyze programs by cost, benefit to recipients and ease of administration.
• Council could consider dedicating future one-time or on-going revenue sources to support reparations programs.

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• Some or all of the reparations programs could be vetted by the Human Rights Commission, Equity and Social Justice Committee and/or other stakeholder/ resident groups.
• While reparations focus primarily on compensation, there remains lingering segregation, discrimination, prejudice, and unconscious biases that hamper progress toward a more just, equitable and inclusive community. Council could consider including in a reparations program an attempt to facilitate community dialogue to address and attempt to improve these dynamics.

FISCAL IMPACT:

Fiscal impact is determined by the funds City Council directs to be allocated to these programs.

REVIEWED BY:

Justin Clifton
ATTACHMENTS:

None.

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SCOPE OF WORK ATTACHMENT C
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CITY COUNCIL STAFF REPORT
DATE: APRIL21, 2022 UNFINISHED BUSINESS
SUBJECT: DISCUSSION OF POTENTIAL REPARATIONS PROGRAMS
FROM: Justin Clifton, City Manager
BY: Community & Economic Development Department
SUMMARY:

At its November 18, 2021 meeting, the City Council discussed potential reparations for residents evicted from Section 14 in the late 1950's and 1960's (Relocatees). Staff presented a number of key questions meant to help make decisions on how to structure a reparations program. Council did not reach consensus on many of the key issues but did express broad support for certain reparations programs, especially those focusing on housing. Council directed Staff to come back to Council with proposed reparations programs and to conduct outreach to residents impacted by Section 14.

Staff has met with a small group of individuals representing Relocatees and their descendants to discuss their desires on how reparations should be administered. As requested by the City Council, this staff report provides information to assist the Council in refining a list of potential reparation elements.

RECOMMENDATION:

Discuss potential reparations programs and direct Staff as appropriate.

BACKGROUND:

Between 1930 and 1965, Section 14, which is property owned by members of the Cahuilla Band of Agua Caliente Indians, was home to many Black, Indigenous, and other minority residents. During the late 1950's and mid-1960's, and after changes in Federal Law allowed for longer term leases of Indian Land, the City of Palm Springs facilitated the eviction of Section 14 residents, including the destruction of homes and personal property, so that the Section 14 property could be developed commercially.

On September 29, 2021, the City Council issued a formal apology for its role in evicting individuals from Section 14 in the late 1950's and 1960's, and atthe meeting of November 18, 2021, Staff issued a report to facilitate consideration of a reparations program. The staff report outlined numerous key questions, including:

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• Should the program be built on a settlement approach or an atonement approach? • Should reparations be limited to those with direct ties to Section 14? • Should reparations be limited to Palm Springs Residents? • Should reparations be in the form of payments or programs? • How much should be allocated?
• What have other communities done?
While Council did not fully resolve many of these questions that were being considered for the first time, reparations programs, especially housing related programs targeting Relocatees that remained in Palm Springs, had the broadest support. Council members expressed willingness to consider other elements of a reparations program but wanted more information and time to consider those options.

In addition to housing related programs, City Council Members also identified and discussed other possible strategies for implementing a reparations program, including :
• Types of reparation programs
o Direct payments
o Education programs
o Employment and training programs
o Economic development projects
o Business grants
o Grocery store
o Museum or cultural / community benefit project
o Neighborhood beautification
o Landscaping projects
o Home ownership, down payment, and repair subsidies
o Purchase and development of empty lots as housing/ work with Habitat for Humanity/ Self Help Program
o At-risk-youth services
• Eligibility for reparations - i.e., heirs, blood relatives, and non-blood relatives • Sources and amount of funding
The complete staff report for the November 18, 2021 meeting, which contains general information to help frame the parameters of a reparations program, is available at the link below:
https://destinyhosted.com/palmsdocs/2021 /CC/20211118 1339/3412 5A OCR.pdf ANALYSIS:

On April 11, 2022, Staff met with representatives (Community Group) from Desert Highland Gateway Estates Community Action Association, Section 14 Survivors, Black History Committee, and Where is My Land? (an organization dedicated to helping Black Item 3A-2

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Americans reclaim stolen land and secure restitution). Attorney Monrow Mabon also participated in the discussion, on behalf of the Community Group.

During the conversation, the Community Group expressed a desire that the City focus its efforts on first providing direct payments to Relocatees (who actually lived on Section 14), as opposed to focusing on housing and other programs related to reparations. Several of the Relocate es are now seniors and housing programs may not be their top priority. The Community Group also expressed that, in addition to other reparations programs, there should also be monetary restitution and that this effort be fast tracked. Mr. Mabon indicated that he and the representatives of Relocatees he has been working with created a plan outlining what they feel should be included in a reparations program. Details of the plan were not discussed at the April 11th meeting. Staff received the plan late Thursday afternoon, April 14 as the agenda was set to go out, and City Staff has not had time to analyze the proposed provisions. The Community Group's proposal is provided as Attachment 1.

The Community Group informed Staff that they conducted a survey and have produced a list of approximately 120 survivors, the majority of whom no longer live in Palm Springs.

They are also working with two certified public accountants and investigators to identify and verify descendants.

Other comments made by the Community Group:
• Some felt that housing programs may fulfill a community need separate from reparations.
• The Desert Highlands Gateway neighborhood, where some Relocatees relocated, already suffers from a 41 % poverty rate for children under 18 (Attachment 2, page 2) and has been historically underserved.
• Oversight of any programs developed or funds to be provided should include someone from the Community Group.
• This is an opportunity for the City to be a trailblazer in regard to reparations and restitution.

The November 18, 2021 staff report listed advantages and disadvantages of the direct payment approach as follows:
• Issuing reparations in the form of monetary payments allows those impacted by the Section 14 evictions the ability to use funds for whatever purpose they deem most appropriate.
• Payments are also sometimes viewed as the only way to concentrate the benefit of reparations in the hands of the intended beneficiaries. • The disadvantage of monetary payments is that it can be difficult to establish a clear nexus between Section 14 evictions and the amount of payment, making the program vulnerable to criticism and potentially state laws that prohibit the gift of public funds.

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While there are countless instances where governments settle claims, there are very few examples of direct payment in the name of reparations in the United States. Some of these examples include:
• The state of North Carolina set aside $10 million for reparations payments to living survivors of the state's eugenics program, which forcibly sterilized approximately 7,600 people.
• The City of Chicago approved granting cash payments, free college education, and a range of social services to 57 living survivors of police torture. The reparations totaled $5.5 million and included a formal apology from Mayor Rahm Emanuel and a mandate to teach the broader public about the torture through a memorial and public school curriculum.
• The state of Virginia followed North Carolina's lead and, since 2016, has been awarding $25,000 to each survivor of its eugenics program which forcibly sterilized individuals.
• The Civil Liberties Act of 1988 provided surviving Japanese Americans reparations and a formal apology for their incarceration during World War II. The Office of Redress Administration was responsible for identifying, locating, and authorizing tax-free restitution payment of $20,000 to eligible individuals of Japanese ancestry. • The Local Reparations Restorative Housing Program in Evanston, Illinois was established in 2019 when the City of Evanston approved using the first $10 million of its cannabis tax to fund the program as reparations for the city's part in housing discrimination. The city will provide grants up to $25,000 to purchase a home, for home improvements, or mortgage assistance to those who qualify as "Ancestors" -African American or Black individual, at least 18 years old at the time, who was an Evanston Resident between 1919 and 1969.

In addition, at the Federal level, H.R. 40 was introduced calling for the study of the effects of slavery and discriminatory policies on African Americans and recommend appropriate remedies, including reparations. Also, the State of California has created a task force to determine how the state could provide reparations to Black Americans and who would be eligible. On March 29, 2022, the California reparations task force decided to limit reparations to African Americans who can trace their lineage to slavery. Neither have identified what form of reparations would be offered.

Staff is seeking direction from Council on any additional clarification on how a reparations program should be structured or any additional research or public outreach Staff should perform.

In terms of housing related programs, Council has discretion on whether to move forward immediately or whether to defer launching programs until other aspects of a reparations program are established. Staff has provided high level information with examples of a variety of housing program options below.

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Home Repair Programs
In 1999, the Palm Springs Redevelopment Agency implemented a residential rehabilitation grant program for very low, and low-income, single family, owner-occupied homes. The program provided $5,000 to $10,000 grants for very low and low-income households. The $10,000 grant required 20% to be used for exterior improvements and included a 5-year resale restriction. A 5-year property maintenance covenant was required for the $5,000 grants, and 10-year property maintenance covenants were required for the $10,000 grants.

At the same time, the Redevelopment Agency also administered a residential rehabilitation loan program for very low, low-income, and moderate-income single family, owner-occupied homes. Loans in the amount of $25,000 were provided as deferred loans.

If all program conditions were met the loan was forgiven after 10 years. Resale restrictions required the property to be sold to other income qualified households. Affordable housing restrictions were placed on the properties for 10 years.

The program was phased out after the 2007 real estate meltdown when several homes were foreclosed on and there was a glut of homes on the market. Furthermore, the dissolution of redevelopment agencies in 2012 eliminated the funding for this program.

The City could use discretionary revenue sources to fund a housing rehabilitation program. The use of discretionary revenue could allow the Council to deviate from the terms of previous programs.

Down Payment Assistance Programs
One notable down payment assistance program related to reparations is the Local Reparations Restorative Housing Program in Evanston, Illinois. This program was established in 2019 when the City of Evanston approved the creation of a Reparations Fund using the first $1 O million of its cannabis tax to fund the program. As noted above, the city will provide grants up to $25,000 to purchase a home, for home improvements or mortgage assistance to those who qualify as "Ancestors" - African American or Black individual, at least 18 years old at the time, who was an Evanston Resident between 1919 and 1969. There is strong evidence showing the city's part in housing discrimination because of City zoning ordinances took place during this time.

The Palm Springs Redevelopment Agency administered down-payment assistance programs for purchase of homes or lots during the 1990s and 2000s. The CottonwoodChuckwalla program provided loans between $6,000 and $53,000 which were written down over a 25-year term. The El Dorado Palms Estates programs provided $5,000 loans to low and moderate mobile home park tenants to purchase their lots when it was converted to condominium ownership.

Examples of additional down payment assistance programs are below:

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• City of Oakland Mortgage Assistance Program - Eligible applicants receive funds to help make the down payment and/or pay closing costs, in the form of a 30-year loan. The city charges a $250 application fee (waived for FHA/VA loans); 3% simple interest accrues annually; and there are no monthly payments. Payment is due in 30 years or when the borrower sells, transfers, or refinances the property, or converts the home to rental property. For households below 80% area median income (AMI) the maximum amount is 30% of the purchase price not to exceed $75,000, and for households between 80% AMI and 120% AMI the maximum amount is 20% of the purchase price not to exceed $50,000. • County of Los Angeles - Under the First Home Mortgage Program, applicants can receive up to 4% of the total first mortgage amount to be put toward paying the down payment and closing cost assistance . This assistance comes in the form of a grant, which has no repayment terms.
• San Diego Housing Commission - With the SDHC First-Time Homebuyer Program, low-income applicants may qualify for a low-interest, deferred-payment loan. They may receive up to 17% of the purchase price for the down payment assistance and 4%, up to $10,000, for closing costs assistance. Repayments for this loan are not due until the borrower refinances, sells, pays off the first mortgage, or no longer occupies the property as their primary residence. Loan repayment must be made in one payment that equals the original principal loan amount plus any accrued interest.
• City of Norwalk - The city invests up to $85,000 in down payment and closing cost assistance. These assistance funds will be given to qualifying applicants in the form of zero-interest loans. The amount each borrower receives varies based on sale price, annual household income, and down payment amount. • City of Coachella - The City of Coachella's First-time Homebuyer Down Payment Assistance Program provides deferred-payment, low-interest loans to assist lowincome families purchase a qualified home in the city limits. The city will provide a maximum assistance through the First-time Homebuyer Program of $75,000. • Fresno County - This program offers a zero-interest, deferred payment loan of up to 20% of the purchase price plus closing costs, with a minimum of $1,000.

Repayment of the loan is deferred for 30 years or until the primary mortgage is paid off, whichever occurs first. The balance of the loan is due upon a change of title or non-occupancy by the borrower.

Potential sources of funding for a down payment assistance program include the City's allocation of American Rescue Plan Act funds, other grant funds, and special funds to be established by the City. Programs such as these could help facilitate home ownership by easing the burden of coming up with a down payment.

Home Construction Programs
In 2005, as part of the Desert Highland Infill program, Century Homes constructed the first five homes which were affordable to moderate-income households for a duration of Item 3A-6

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Potential Reparations Program
at least 45 years. The City acquired three additional parcels to further this program, however these remain undeveloped.

Under the Palm Desert Self Help Project, participants contribute a minimum of 40 hours of labor per week towards the construction of all the houses in the group. In general, approximately 1 ,500 hours of labor per participant household is required. Participant hours include the hours of Applicant, Co-Applicant, and approved helpers. The program is funded by the city's Housing Mitigation Fund. The city purchased 14 single family lots and conveyed them to the Coachella Valley Housing Coalition to administer this program.

The city also contributed forgivable loans for the home buyers in the amount of $25,000.

Should the City Council decide to leverage funds from the Federal, State, or County governments for such a program, income restrictions may be required. In addition, policies would have to be established on whether housing subsidy programs would be limited to properties in specific neighborhoods, citywide, or outside the City.

City Owned Parcels
The City controls three single-family lot parcels in the Desert Highlands Neighborhood.

Two are owned by the Housing Successor Agency and one by the City (Attachment 3).

These parcels may be used for "self-help programs" such as those provided by the Coachella Valley Housing Coalition and Habitat for Humanity. In previous discussions with these organizations, Staff was advised that at least seven lots would be needed to accomplish the economies of scale needed to hire a project manager to oversee the selfhelp program. However, with Senate Bill 9 (SB 9) now in effect, there may be renewed interest in pursuing self-help projects on these parcels. SB 9 allows the subdivision of one lot into two lots ("lot split") within a single-family residential zone with a ministerial permit, if it meets certain criteria. Each newly created lot, after subdivision, can accommodate up to two units on each lot. Therefore, each lot may potentially produce four units for a total of 12 new homes. In addition, the Boulders and Crescendo parcels awarded to the City as a result of the GRIT settlement may also provide housing reparation program opportunities, taking into consideration that grading and infrastructure issues may increase cost of each unit. Similarly, the Gene Autry parcel could be considered for housing reparation program opportunities.

Staff requests the City Council review the staff report, receive input from the public, including the Plan submitted by the Community Group and the programs described above, and direct Staff on next steps.

ALIGNMENT WITH COUNCIL PRIORITIES AND STRATEGIES:

This matter aligns with the Quality of Life priority for Neighborhood Issues (1 E) to Create Section 14 reparations program.

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City Council staff Report
April 21, 2022 -- Page 8
Potential Reparations Program
ENVIRONMENTAL IMPACT:

The recommended action is not a "project" for purposes of the California Environmental Quality Act (CEQA), as that term is defined by CEQA guidelines (Guidelines) section 15378.

FISCAL IMPACT:

There is no fiscal impact to the City at this time, although most, if not all reparations programs carry financial impact.

REVIEWED BY:

Ja Virata
Justin Clifton
ATTACHMENTS:
1 . Reparations Proposal

2. Desert Highlands Demographics

3. Map of City and Redevelopment Agency owned parcels
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ATTACHMENT 1
Reparations Proposal
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ATTACHMENT 2
Desert Highlands Demographics
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ATTACHMENT 3
Map of City and Redevelopment Agency owned Parcels
AFN: 61:i!I •ll10
I
t•; 6E!J-353-Dll1
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MEMORANDUM
This communication includes a proposal to settle a matter which potentially may result in litigation, and it is therefore protected pursuant to California Evidence Code section 1152.

Date:

TO:

FROM:

Subject:

April 14, 2022
Palm Springs City Manager Justin Clifton
Monrow Mabon and Barry Bennett, Attorney for
Section 14 Holocaust Descendants and Survivor
Outline of Proposal
Pursuant to our April 11, 2022, meeting the following is submitted for the purpose of initiating further discussions.

The City Council of Palm Springs has only recently acknowledged and accepted responsibility for the complicity of City officials, and others, for the unlawful and wanton destruction of the homes of what is believed to be over 200 residents of the area known as Section 14, without notice or compensation. The City has publicly apologized for the incident, known to many as the "Section 14 Holocaust," but has yet to do anything to assist the survivors of this shameful incident, or their survivors, many of whom still live with the shame and horror of displacement and homelessness etched in their memories. While members of the Council, acknowledging that the City currently has the financial resources to fashion an appropriate and long-overdue remedy for the victims and their families, seem to struggle with the alternative concepts of financial compensation to victim families and progressive programs for the betterment of a broader community which includes those families. We believe that only an integrated and carefully structured program involving both concepts will truly remove this stain on the City's history. Consequently, we propose the following for the City's consideration and implementation:

COMPENSATION:

1. Identify direct victims of the Section 14 destruction, and/or their descendants, through a vigorous 30-day multi-media campaign (newspaper, bulletins in community and neighborhood centers, radio and television) ; and

2. Verify the claims of those responding to the campaign by the use of public and private records (birth, hospital, school, property, diary, correspondence, photos, anecdotal etc.) within 60 days; and

3. Remunerate those whose claims can be verified as Direct Survivors vs, the child of a direct victim, or a more distant relative with a claim to a direct consequence of the destruction, otherwise known as Descendant, to determine those to be compensated monetarily: and
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COMMUNITY IMPROVEMENT MEASURES:

4. Institute a City-funded program providing new housing (condos, apartment), as well as improvements to existing housing, over the next 25 years to an incomebased segment of the community, giving priority to victims of the Section 14 destruction, but also to be made available to the community at large; and

5. In the areas where new housing is developed, institute a city-funded grant program pursuant to which new businesses in the community to receive grants for start-up and other economic assistance. Develop a business plan for the affected community, in the same manner that would be applied to any private development, that will identify the types of businesses (grocery stores, financial institutions, restaurants, entertainment venues), that will assist the community to be self-sustaining, and assist in attracting such enterprises; and

6. Allocate funds, over the next 25 years, for grants within the community, for those seeking educational advancement, giving preference to those persons seeking to return to the community to establish professional Oegal, medical, engineering) or other business enterprises; and

7. Provide grants to existing non-profit organizations to support their efforts to improve the community.

8. Memorialize the historical significance of the past events, and City's achievement in recognizing those events, by providing funding for educational efforts designed to familiarize the public with the Section 14 destruction, such as providing grants for a documentary, the renaming of streets after original Section 14 residents and the placement of memorials such as statues and plaques (at appropriate locations) pertinent to the events of the destruction of Section 14, and similar memorabilia.

9. Finally, Section 14 Attorney fees and cost paid by the City of Palm Springs.

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ii'ii Census Reporter
Census Tract 446.05,
Riverside, CA Census Tract in: Palm Springs, CA Riverside County. CA California United States
5,879
Population

1. 9 square miles
3,083.9 people per
square mile
Census data: ACS 2020 5-year llnless ncte<l
search fo r places, tab le s, to pi cs, or g lo ssa rie s Search 0 ;
0 , Leafiet I© Mapbox © OpenStreetMap
Find data for thi5 place search try table or column name ..

Hover for ma ~s of error and con~xtllal data.

Demographic5
t Margin of error is atleast
10 percent of the total
value. Take ca re with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take ca re with this
statistic.

Age

49.7 Median age
about 90 percent of the
figure in Palm Springs:
56,1
a bout 1.4 ti mes the
figure in Riverside
County: 35.8
Sex
Po pul aticm by age range
Sh·:i·,•.· dc=t-o= ! Em b-:d
Race & Ethnicity
Population by age
category
Und~r rn 18 b 64
6 5 c= nd
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Economics
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
t Margin of error is at least
10 percent of the total
value. Take care with this
statistic.
0%
White Black
0%
Native Asian Islander other Two+ His pan
~ Hispanic includes respondents of any race. Other cat egories are nonHispanic.

Male Fema le
Showdata / Embed
Income
$28,299 $36,321
Per capita income Median
household about three-fifths of
the amount in Palm
Springs: $49,987
income
Show data / Embed
Household income
20%1 1
----4·%·1--
a little less than the
amount in Riverside
County: $29,913
about three-fifths of
the amount in Palm
Springs: $57,916
Under$SOK $SOK - $100K $100K -$200K OVer $200K
about half the amount
in Riverside County:
$70,732
Poverty

28.1%
Persons below poverty
line
more than 1.5 times the rate in
Palm Springs: 16.4% t
more than double the rate in
Riverside County: 12.5%
Transportation to work

16.7 minutes
Mean travel time to
work
about three-quarters of the
figure in Palm Springs: 21.8
Children (Under 18)
Show data / Embed
Means of transportation to work
67%1
15%1
-....::... Drove alone Carpooled Public
Show data / Embed
Seniors (65 and over)
Poverty
Non-poverty
Show data / Embed
14%1
0% 0%
Bicycle Walked other
-
Worked,
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