Palm Springs City Council
September 26, 2023

HS2.7 Neighborhood Services. The Office of Neighborhood s provides responsive, coordinated services that promote and support collaboration and communication with 52
neighborhood organizations , which form the Organized
Neighborhoods of Palm Springs (ONE-PS). ONE-PS serves as liaison between the 52 neighborhoods and the City. This entails working with residents on issues that affect quality of life, including traffic, code compliance, crime , and
homelessness, and working with City departments to help resolve residents’ issues of concern . ONE-PS communicates via email, social media (e.g., Nextdoor, Facebook, Twitter, Instagram), blog posts, and a monthly newsletter.

Action(s):
 Support, promote, and work with neighborhoods
organizations to improve/maintain neighborhoods
 Evaluate ways to en courage and increase
participation of multifamily and mobile home parks
in Neighborhood Organizations
 Assist in outreaching to and engaging historically
disadvantaged neighborhoods (See HS5.9)
HS2.8 Capital Improvements . Every year, the City submits infrastructure projects for streets, storm drains, parks, community facilities, water/wastewater systems, and other capital facilities. Expenditures are prioritized based on community need and funding resources. Programs can be
neighborhood specific, focused on low to moderate income areas, or spread citywide with broader community benefit.

This process helps maintain the quality of its operating infrastructure, address and prevent the accumulation of deferred maintenance, and wisely expend resources.

Action(s):
 a. Prepare and implement CIP projects to improve
infrastructure and public facilities citywide
 b. Prioritize projects in disadvantaged
neighborhoods to extent possible (Program HS5.9)
 c. Include capital improvements to parks (Deser t
Highlands, Demuth), school and community gardens,
and five bicycle routes as specified in Table 3-34.

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HOUSING ELEMENT
HS2.9 Neighborhood Safety. PSPD implements policing programs at three levels —buildings, neighborhoods, and citywide— and encourages residents to work with the PSPD to identify problems, prioritize concerns, and develop solutions. In 2022, the City contributed $400,000 in funds to “We Are One United” so it was eligible to receive a $2.1 million CalVIP.

Grant. Working with We are One and the Boys and Girls Club, grants will support violence prevention and cannabis use diversion, and help build social and economic infrastructure in Desert Highland and East San Rafael communities.

Action(s):
 a. Implement and support Neighborhood Watch
programs in each neighborhoods
 b. Implement grants and programs to reduce violence
and crime in Desert Highland and San Rafael areas.
 c. Investigate implementing Crime Free housing
within multiunit housing and mobile home parks
HS2.10 Economic Opportunity. Economic development
maintains the City’s financial stability, improve s the economic standing of residents, and allows the City to
reinvest in itself. The City’s IHub and Accelerator campus and future College of the Desert are intended to further these goals. In 2021, the City signed a workforce agreement
requiring a portion of qualified public works projects be done by residents, focusing on disadvantaged groups. The City has also contracted for a broadband master plan that will assist residents’ education and economic development.

Action(s):
 a. Develop the IHub campus to build and grow
renewable energy based companies and work with
the College of the Desert to build a campus in the City  b. Complete a broadband master plan to assess
coverage and plan to serve underserved
neighborhoods; program projects into the CIP .
 c. Implement community workforce agreement that
reserves 30% total hours of qualified public works
projects for disadvantaged groups
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Goal HS3 Implementation Actions
HS3.1 Rental Assistance. The County Housing Authority
administers the housing choice voucher program (HCV) for Palm Springs. The HCV program extends rental subsidies to lower income households that pays the difference between the current fair market rent ( FMR) established by the
Housing Authority and 30 percent of the tenant’s income , unless the tenant chooses to pay a higher percentage. The voucher is accepted on a voluntary basis by the landlord.

About 637 households rely on vouchers( 267 tenant-based and 370 project-based vouchers) for affordable housing.

Action(s):
 a. Support County's rental HCV program; continue to
maintain 637 vouchers; publicize on website and
mail notice to apartment property owners where
voucher use is lower than the city average . Target
10% increase by 2025 and 10% increase by 2027.
 b. Continue to provide CDBG funds, when available, to local nonprofit organizations for motel vouchers
HS3.2 Emergency Rental Assistance. Since 2020, t he City and other Coachella Valley cities have participated in a rental assistance program, funded by the County and federal/state government and managed by Lift to Rise and United Way.

The City provided $510,000 in CDBG funds for the program.

Income eligible r enters may receive one -time rental
assistance of $3,500 per household to cover two to three months of rent. Payments are made directly to the landlord.

Over the past three years, the program funded 1,850 eligible households with approximately $11 million in assistance.

Funding is exhausted, and the program will sunset in 2023.

Action(s):
 Complete remaining contracts for emergency rental
assistance for income qualified households using
qualified nonprofit(s)
 Consider additional funding options to augment the
rental assistance program to further housing security
of Palm Springs residents
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HOUSING ELEMENT
HS3.3 Encourage Resource Linkages. The City maintains and cultivates resource linkages with community agencies that are mutually beneficial to each other’s clients’ needs and that prevent duplication of efforts and resources. Some of those agencies include: Amputee Connection, Catholic Charities, Community Access, D AP Health , Episcopal Community
Services, Jewish Family Services, Mizell Senior Center, Riverside County Community Action, Riverside County
Office on Aging, Southern California Edison’s Energy -
Efficiency Demonstration Program, Habitat for Humanity, The Well in the Desert, Martha’s Kitchen, and the Visiting Nurses’ Association of Coachella Valley, among others.

Action(s):
 Continue to maintain and expand resource linkages
as needed to provide a range of support services to
Palm Springs residents
 Provide opportunities for funding resource linkages
through the Consolidated Plan funding process and
other opportunities as feasible
HS3.4 Mobile Home Rent Stabilization. Palm Springs has long implemented a rent control ordinance in the community.

While rent controls have phased out for apartments and are now replaced by state law, the City continues to implement a rent control ordinance for four mobile home parks –Ramon Park, Safari MHP , Palm Springs View MHP , and the Sahara MHP . Rent increases for applicable dwelling units are
controlled to a percentage of the consumer price index. In addition, rent -controlled mobile home parks must provide and maintain services and facilities in accordance with the City’s Rent Control Ordinance. No amendments are being
proposed to the rent control ordinance for mobile homes.

Action(s):
 Maintain mobile home rent stabilization ordinance
for 4 parks (approx. 900 units); annually review and
revise ordinance to address contemporary concerns
 Explore opportunities to address affordability and
high levels of overcrowding in mobile home parks

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HS3.5 Preservation of At-Risk Housing. The City has an extensive stock of assisted multiple-family housing. The City facilitates preservation of affordable housing through monitoring,
working with potential purchasers, offering incentives, educating tenants, ensuring complying with noticing, and other efforts in return for extending affordability covenants.

Action(s):
 Annually m onitor the status of four at-risk hous ing projects (314 units) —the Heritage, Tahquitz Court,
Palos Verdes, and Palm Springs View Apartments
 Contact owners of at risk projects within one year of expiration to discuss preserv ing projects. Extend
affordability controls of Sunnyview Villas to 2068
 Coordinate with property owners to ensure notices to
tenants are sent out at 3 years, 12 months, and 6
months; educate tenants regarding tenant rights and
conversion procedures pursuant to state law
 Reach out to agencies interested, including qualified entities, in purchasing and/or managing at-risk units.

Provide technical assistance, financial or regulatory
assistance as feasible to preserve at risk projects
HS3.6 Assist the Development of Low-Moderate Income Housing.

The City assists in the provision of housing affordable to lower-moderate income households through the County
rental voucher program, City at -risk preservation program, and rent stabilization. T he City also offers regulatory concessions, financial assistance, and support to assist in the development of ELI, VLI, and LI housing below.

Action(s):
 Offer low-cost land, fee reductions, regulatory relief, and project gap funding, where feasible
 Proactively contact developers with the expertise to
build projects (e.g., WHCHC, CVHC, DAP , qualified
entities, etc.) affordable to ELI households
 Complete development the Monarch, Sunrise Vista II,
and Aloe Apartments–providing affordable rental
units to 78 ELI, 37 VLI, and 73 LI households
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HOUSING ELEMENT
HS3.7 Homeownership and Building Generational Wealth.

Creating generational wealth has been a recurring theme expressed in the City of Palm Springs. As is the case
statewide, African American, Hispanic, and Filipino
residents have the lowest homeowner rates. The City will initiate a homeownership effort to close the race and ethnic gap in home ownership. The City will utilize a combination of RDA/City land, homeownership assistance, and nonprofit organizations to develop infill housing in Desert Highlands.

Action(s):
 a. Present homeownership gap closure program to
City Council for consideration and adoption
 b. Seek funding and issue RFPs for three sites in
Desert Highlands neighborhood
 c. Provide funds, land, and assistance to facilitate self- help projects on 3 sites (6 units)
HS3.8 Regional Housing Forums. The City partners with Lift -to- Rise, a public -private partnership formed to improve
housing stability and economic mobility for valley residents.

The City participates in the Collaborative Action Network to support the agency’s Action Plan and affordable housing Catalyst fund. Lift-to-Rise has distributed more than $250 million in rental assistance, launched a website site to track development, and sought Pro-Housing designations with
HCD. The City pledged, by resolution, to continue working with partners to address the region’s housing needs.

Action(s):
 Attend monthly meetings of the Collaborative Action
Network and seek opportunities to address the
housing needs in the Coachella Valley
 Pursue pro-housing designation with HCD to receive
preference in scoring of housing, community
development, and infrastructure projects
 Participate in efforts to increase commitments in the Catalyst fund for affordable housing in the valley
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Goal HS4 Implementation Actions
HS4.1 Hillside Development Review. Palm Springs values its hillsides, mountains, and other unique topography and has established guidelines to encourage preservation. The PSMC provides for enhanced architectural application and review for residential projects proposed on slopes with a grade of 10 percent or greater. Beyond standard application
procedures and items, the application must contain
topographical maps and grading plans. Areas of the site having a slope of 30 degrees or higher are excluded from the area allowed in computing total density. Specific
development standards are also encouraged to ensure the housing project is compatible with surrounding landscape and provides necessary infrastructure and services.

Action(s):
 Continue i mplementation of hillside development
standards to protect viewsheds and topography
 Review and revise hillside development standards, as
needed, to continue meeting preservation objectives
HS4.2 Water Conservation Program. In 2021, the Desert Water Agency adopted its Water Shortage Contingency Plan and
related Ordinance No. 72. The City recognizes the
importance of water conse rvation for the long -term
sustainability of the community. To further conserve water, the PSMC provides for a water efficiency landscape program.

The City has developed a water efficient landscape
ordinance to assist residential developers in meeting this requirement and the Planning Division reviews proposals for conformance with City regulations.

Action(s):
 Continue implementation of the review of water
conservation aspects of landscape ordinance
 Develop appropriate water conservation measures as
needed to conserve water resources in the city
 Support DWA in the implementation of its Water
Shortage Contingency Plan
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HOUSING ELEMENT
HS4.3 Residential Energy Conservation. Palm Springs is committed to expanding the use of alternative energy
technologies as stated in its Sustainability Strategic Plan. In recent years, state laws make it possible for cities to adopt the PACE (Property Assessed Clean Energy) program.

Homeowners in PACE -enabled cities may apply for
programs, like HERO, to make energy -efficiency upgrades.

Once the home improvement project is complete, the
homeowner repays the PACE assessment through an
additional line item on their property tax bill. The City passed Ordinance No. 1885 , allowing expedited permitting of solar technology for residential uses. The City also implements a sustainability strategic plan that supports energy conservation in residential projects.

Action(s):
 Continue implement ing residential energy
conservation programs and climate change
mitigation, including solar energy, and exceed
standards to the extent feasible
 Encourage residents to take advantage of options for
energy from the Desert Community Energy and other
available programs that improve energy conservation
HS4.4 Coachella Valley MSHCP . On October 2, 2008, the City began implementing the Coachella Valley Mu lti-Species Habitat Conservation Plan (CV -MSHCP), a comprehensive plan to
conserving protected species and their habitats. In areas on Reservation land, the Tribal Habitat Conservation Land
applies. Both plans establish a uniform mechanism for
mitigating the effects of development through the payment of a local development mitigation fee. The fee applies to all projects (including residential projects) within the plan’s jurisdiction, including all of the city. Development in Conservation Areas, which are ty pically hillsides and open desert, is subject to additional review, and certain limits on the amount and location of development will apply.

Action(s):
 Continue implementation of the CV-MSHCP and the
Tribal Habitat Conservation Plans
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Goal HS5 Implementation Actions
HS5.1 Fair Housing. Palm Springs is committed to ensuring fair housing so people in all walks of life have the opportunity to find suitable housing . To that end, the City contracts with a fair housing service provider to provide landlord/tenant education, conduct testing of the rental and ownership
market, and investigate and mediate the housing complaints.

An average of 750 landlord-tenant issues and 20 fair housing discrimination complaints are addressed each year. The City prepares federal planning reports to document the City’s progress in improving and maintaining fair housing . The Human Rights Commissio n plays an important role in
following and addressing issues affecting housing.

Actions:
 a. Contract with local fair housing providers to
perform a wide range of educational, advocacy, and
mediation services , averaging up to 750 landlord -
tenant issues and 20 fair housing complaints
 b. Engage the Human Rights Commission to promote
improved relations; civic peace; intergroup
understanding; and acceptance, respect, and
participation of all persons in the community
 c. As required by the federal government, prepare an
Analysis of Impediments to Fair Housing Choice or
Fair Housing Assessment and implement its findings
 d. Distribute information about fair housing laws and resources in libraries, community centers, social
service offices, and other public locations
 e. Continue to hold community forums, observances.
and educational venues to improve community
relations and appreciation of the City’s diversity.
 f. Conduct training and education to the public,
property owners, and tenants, focusing on key issues
to each audience
 g. Provide annual statistics on tenant-landlord issues, testing, training and education, discrimination cases,
hate crimes, and school violence to HRC
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HOUSING ELEMENT
HS5.2 Support and expand housing and services to assist people living with HIV/AIDS. The City supports programs that
assist people living with HIV/AIDS. The City provided
funding for and permitted the Sunrise Vista project, a
permanent supportive housing facility for people living with HIV/AIDS, and is completing an expansion project. DAP
Health has earned recognition as a Federally Qualified Health Center . DAP Health provides medical care;
counseling; home health se rvices; legal assistance; and assistance with housing, medication, food, jobs, and more.

The AIDS Assistance Program provides food vouchers ,
counseling, and other assistance for residents. DAP Health is also working to expand its presence in Palm Springs t o provide community clinic services for residents.

Action(s):
• a. Identify additional housing opportunities for
affordable housing for people living with HIV/AIDS
• b. Expand collaborative network of supportive
services to serve people living with HIV/AIDS
• c. Support efforts DAP to implement their Master Plan and provide community clinical services
Sunrise Vista II (under construction)
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HS5.3 Senior Housing and Services . As Palm Springs has a large retiree population, seniors are a large share of households.

Senior renters in particular have a higher prevalence and severity of housing overpayment. Seniors have other needs, including health/medical care, transit, and social services.

To meet their needs, t he City endeavors to provide a full range of housing options for seniors and actively support and foster partnerships with agencies that serve seniors.

Sunline offers low -cost transit for seniors to access local shopping, services, and health care. Affordable housing opportunities include deed restricted senior housing, tenant based rental vouchers, age -restricted mobile home parks, and other housing options. The City also supports the Mizell Center with a subsidized no cost 40-year lease. Other senior services are also supported. Lastly, the City distributes grants to income qualified seniors to repair their homes.

Action(s):
 a. Seek opportunities to expand the amount of
affordable senior housing through new development
 b. Continue, as feasible, to provide and preserve a full range of housing services for senior residents
 c. Support Mizell Center and assist, where feasible,
health, social, transit, and other services to seniors
Aloe at Palm Canyon (under construction)
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HOUSING ELEMENT
HS5.4 Housing People with Disabilities. In P alm Springs , 17 percent of residents living in housing report a disability.

Palm Springs supports its disabled population in many ways.

Multiple-family housing must comply with ADA
requirements. The City processes r easonable modifications so residents can enjoy housing, city programs, and services.

Homeowners can apply for grants for a ccessibility repairs.

The City also implements its Transition Plan. The City will continue to assist in providing and maintaining housing options suited for this group.

Action(s):
 a. Support and seek opportunitie s, as feasible, to
expand a variety of housing types to help address the
diverse needs of persons living with disabilities
 b. Work with local and regional service providers to
publicize information on available resources for
housing and services for people with disabilities
 c. For reside ntial care facilities serving 6 or fewer , modify definition, allow by right in all zones allowing residential uses, and treat like any other residential
use in accordance with state law
 d. For facilities serving 7 or more residents, remove CUP requirement, allow by right in all zones allowing
residential, and treat like any other residential use in the same zone
 e. Explore opportunities to improve design standards
for accessibility in multiple -family buildings to
increase the number of accessible units
 f. Include fair housing outreach and education to
reduce the occurrence of fair housing complaints
related to disability of residents
 g. Periodically review, amend, and implement the
City’s ADA “Transition Plan” to improve accessibility
to community infrastructure, facilities, and services
 h. Review HCD’s Technical Advisory on Group Homes
and revise zoning codes to ensure they do not
constrain housing for people with disabilities
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HS5.5 Housing for Homeless People. Palm Springs operates an expansive homeless program with a full continuum of care that includes: 1) a low barrier navigation center (in process), 2) transitional and supportive housing; 3) emergency
shelter; 4) cooling and cold weather centers; and 5)
complement of ser vices with local and regional partners.

The City works in concert with an array of community-based organizations and public agencies to address these needs .

For the 2021-2029 period, the City will draft code revisions, prepare funding proposals, continue interagency
coordination, and build facilities to serve its homeless population consistent “The Path Forward.”
Action(s):
 a. Seek and earmark state and federal funds to
continue to provide services and support existing and
future housing opportunities for homeless people
 b. Work with county partners, CVAG, and local
partners in pursuing projects to address the housing
and supportive service needs of homeless people
 c. Amend PSMC to remove code constraints to
accommodating housing for homeless people:
- transitional and supportive housing, permanent
supportive housing , and low barrier navigation
centers per GC 65583 (a)(5), §65651(a), and §65662
- define single -room occupancy units and allow by
right in zones where multifamily and mixed uses are
permitted as required by AB 2162
- develop a management plan, parking standards (AB
139), and concentration standards to ensure shelters
are designed and operated in an effective manner
- Rezone and redesignate up to 9.1 acres in the M -2
zone to allow residential uses and emergency
shelters by right and make other required code
amendments to comply with AB 2339.
 d. Fund, administer, and complete the development of
additional projects to house homeless people in Palm
Springs (Navigation Center, Aloe, Vista Sunrise, etc.)
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HOUSING ELEMENT
HS5.6 Housing for Families with Children. Families with children, particularly lower-income single -parent families with
children and large families, are collectively smaller in number than most other special needs groups. They are
known to have greater difficulty affording housing due to the lack of suitably sized and priced rental apartments.

Moreover, many need affordable childcare to allow parents to work. Rental assistance may be needed as well.

The City of Palm Springs addresses the needs of families through the provision of affordable housing, provision of supportive services, and preservation of affordable publicly subsidized apartments and mobile home parks in the city.

Action(s):
 a. Expand family housing options with the
development of affordable and suitable housing for
families; complete the Monarch Apartments
 b. Support and f und services for families, including early childcare literacy, tutoring/ afterschool, and
recreational services to youth and children
 c. Continue to improve housing security through
advocating for 370 project-based vouchers and
preserving the 44-unit Sunnyview affordable project
Monarch Apartments: Anticipated by 2024
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HS5.7 Employee Housing. Farmworkers in Coachella Valley are known to have distinct housing and service needs. T he City has only 26 residents employed in the farming, forestry, fishing, and natural resource industries, most of which work for the national forest. There are no agricultural uses in the city, besides cannabis. However, as required by the Employee Housing Act, the Housing Plan contains a program to amend the zoning code to allow for employe e housing for six or fewer employees as a by right use and treated like a ny other residential uses in the same zone. The Zoning Code will also be amended to allow for employee housing consisting of no more than 36 beds in a group quarter or 12 spaces as specified in Health and Safety Code, §17021.5 and §17021.6.

Action(s):
 Amend the Zoning Code to define employee housing,
specify zones where such uses are permitted, and
develop a by right permitting process consistent with
the Health and Safety Code, §17021.5 and 17021.6

HS5.8 Activate Palm Springs . In 2023, t he City announced participation in Blue Zones Activate, a national initiative focused on improving the longevity and health of residents.

The City will be working with Blue Zones on a readiness and feasibility assessment to assess how to make Palm Springs a healthier place to live, work, grow up, and grow older . This initiative dovetails with efforts by the Riverside University Health System to launch a countywide partnership with Blue Zones in pilot projects in six Riverside County communities.

The end result will be a menu of practical programs to
improve the City’s built environment, one of the key
determinants of longevity and quality of life.

Action(s):
 a. Conduct workshops and readiness assessment by
the end of 2023 that outlines the City’s needs, assets, and opportunities for improving program outcomes
 b. By the middle of 2024, develop an implementation
plan that sets forth transformative actions that will be implemented citywide and in neighborhoods,
including disadvantaged neighborhoods
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HOUSING ELEMENT
HS5.9 Disadvantaged Communities . Due to historical
discrimination and displacement, t he City has
neighborhoods that have unmet health, employment, social services, education, infrastructure, housing, and pu blic safety needs. These include Desert Highlands, Demuth,
Lawrence Crossley, and several mobile home parks. Given the complexity of issues involved, a focused “place -based” approach is needed to stabilize neighborhoods and improve a range of opportunities for residents. Actions shown in Table 3-34 summarize the City’s approach.

Action(s):
 Implement all actions, metrics, and timeframes set
forth in Table 3 -34 contained in the Assessment for
Fair Housing Section of the Housing Element
 Annually report progress to the Human Rights
Commission and adjust actions as needed to continue
progress and achievement of goals
 With the initiation of Activate Palm Springs program, seek opportunities for leveraging that effort to
further address disadvantaged communities
HS5.10 Housing Mobility . The City has programs to allow affordable in higher resource/income areas (HRIA). These include programs to incentivize the development of ADUs along with specific metrics (HS1.4) and a small lot program to inc entivize SB 9 projects with specific metrics (HS1.5) .

This program identifies 10 sites with densities adequate for lower income affordable units (See HS1.1) and offers
regulatory and financial incentives to projects which help the City achieve its unmet goal for lower income units.

Action(s):
 Target the RHNA site inventory in HRIAs for low
income affordable housing. Offer regulatory and
financial incentives (Programs HS1.2 and HS1.3) to
prospective developers to assist in the development
of housing that add resses the unmet low income
RHNA

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Table 3-45
Housing Program Summary
Program Action
Funding
Source
Implementing
Entity Time-frame
Program HS1.1
Adequate Sites
• Maintain an inventory and map of sites available for residential development and provide at the front counter upon request General
Fund
Development
Services
Annually
• If shortfall occurs, select sites for redesignating for mixed use housing along major corridors, and underutilized commercial areas, and other locations
Same Same Annually
• Monitor the availability of sites to ensure there is no net loss in capacity at appropriate densities to accommodate the RHNA in accordance with SB 166
Same Same Annually
• Report progress in housing construction on an annual basis as part of the preparation of the Annual Progress Report
Same Same Annually as part
of APR
• Should insufficient residential sites for the RHNA occur, rezone adequate sites within 180 days to address the remaining shortfall by income category
Same Same Same
Program HS1.2
Regulatory
Incentives
• Continue to process minor modifications, density bonuses, General Plan amendments, and zone changes for projects that further City housing goals
General
Fund
Development
Services
As projects
submitted
• Allow for the waiver of undergrounding utilities for residential projects where a DDA is recorded for long term covenants that provide deed restricted affordable housing
Same Same Same
• Encourage/allow for the consolidation/mergers, and lot line adjustments of lots less than one acre in size to facilitate affordable housing. Provide technical assistance as needed, Same Same Same
Program HS1.3
Financial
Incentives
• Approve fee reductions and waivers and other financial assistance, where feasible, for lower income housing in accordance with Res. 24654
Varied
sources
Community Econ.

Development
As projects
submitted
• Continue to approve fee deferrals, reductions, and waivers for multifamily apartments, condominiums and ADUs/JADUs that serve middle income housing
Same Same As projects
submitted
• Promote financial and development assistance programs to the community on an annual basis
Same Same Annually
Program HS1.4
Accessory
Dwellings
• Monitor ADU production and affordability as part of the annual APR; if production or affordability falls below levels needed to satisfy the unmet RHNA, rezone sites needed within 6 months General
Fund
Development
Services
Annually
Direct 20% of ADUs in HRIA of which 50% are affordable to lower income households. If ADU assumptions in HRIA areas do not actualize by 2025, identify at least 2 mixed use sites in the HRIA for rezone to residential
Same Same Annually

2025/2026
• Create and maintain a volunteer rental registry by mid-2024 that allows owners to advertise ADUs and links prospective lower income renters to ADUs
Same Same End of 2024
• Facilitate and streamline ADU approvals through the drafting and use of pre-approved plans. Distribute targeted educational materials to residents via ONE-PS
Same Same End of 2024
Program HS1.5
Small Lot
Housing
• Review existing land use designations and make amendments as needed to provide opportunities for middle income housing.

General
Fund
Development
Services
End of 2024
• Create incentives and design guidelines to facilitate and encourage such housing
Same Same End of 2024
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HOUSING ELEMENT
Table 3-45
Housing Program Summary
Program Action
Funding
Source
Implementing
Entity Time-frame
• Amend City’s SB9 ordinance to be more permissive than state law, allowing larger units and nonprofit developers to
build/subdivide SB9 projects
Same Same Ordinance 2026
SB9 units 2028
Program HS1.6
Hotel Conversion
• Facilitate the conversion of hotels and/or motels to apartments where appropriate to encourage the development of apartments General
Fund
Development
Services
Ongoing
• Consider regulations for hotel conversions and, if needed, revise accordingly to facilitate conversions of hotels to apartments Same Same End of 2024
Program HS1.7
Inclusionary
Housing and
Commercial
Linkage Fee
• Study the feasibility of an IHO and CLF ordinance, its impact on the housing market, developers, the local economy, and
production of affordable housing, present findings to City Council and, if directed, prepare ordinance for City Council adoption General
Fund
Development
Services
2023

2024
• If IHO or CLF program is approved, use of funds should consider strategies for affordable housing rehabilitation, preservation, and/or new construction and prioritized to address AFH considerations or disadvantaged communities
Same Same Mid 2024
Program HS1.8
Zoning Code
Updates
• Review land use designations, zoning districts, and development standards to identify inconsistencies. Make changes to resolve actual inconsistencies
General
Fund
Development
Services
Annually
• Examine need for and feasibility of parking space modifications for residential uses to facilitate the development of quality multiple-family projects
Same Same End of 2024
• Amend zoning code and administrative processes to comply with SB 35 (Density Bonus) and SB 330 (Expedited Permit Streamlining) for qualified residential projects
Same Same End of 2024
• Increase the number of stories allowed to 3 stories in the R-3 and R-4 zones, revise height limit to accommodate 12 feet per story, and revise open space/ performance standard in each zone to ensure maximum density can be achieved in each zone Same Same End of 2024
Program HS1.9
Variety of
Housing
• Amend the zoning code to revise provisions for emergency shelters, transitional and supportive housing, and low barrier navigation centers in accordance with state law
General
Fund
Development
Services
End of 2024
• Amend the zoning code to allow accessory dwelling units and junior accessory dwelling units consistent with AB 897 as codified in Gov’t Code §65852.2 and 62852.22
Same Same End of 2023
• Amend the zoning code to revise codes and permitting process for residential care facilities to remove barriers to housing for disabled people (Program 5.5)
Same Same End of 2024
• Amend zoning code to define employee housing, specify zones where such uses are permitted, and develop a by-right permit process per HSC §17021.5 and 17021.6. (Program 5.4)
Same Same End of 2024
Program HS2.1
Design
Standards
• Implement residential design standards through architectural review of residential projects
General
Fund
Development
Services
As projects
submitted
• Adopt objective residential development and design standards consistent with SB 330 requirements
Same Same End of 2024
Program HS2.2 • Implement the historic preservation ordinance for residential structures and encourage Mills Act designations for eligible properties
General
Fund
Development
Services
As projects
submitted
Item 2A - Page 238

Table 3-45
Housing Program Summary
Program Action
Funding
Source
Implementing
Entity Time-frame
Historic
Preservation
• Continue to update the Historic Resources Survey (preferably every five years as recommended by OHR) and identify
additional structures for designation as Class 1 or Class 2 Same Same Same
Program HS2.3
Property
Maintenance
• Implement code enforcement using a progressive approach of voluntary compliance, administrative citations, and court action; refer violations to programs offering funding to make repairs General
Fund;
CDBG
Department of
Special Program
Compliance
Ongoing

• Provide outreach and education on code-related requirements with fliers; distribute at public counter, through social media, and at community centers; provide consultations to advise residents Same Same Same
Program HS2.4
Housing
Rehabilitation
• Expand homeowner rehabilitation program to include $275,00 annually, subject to council approval; increase maximum grant amount to $15,000 unit. (at least 25 units/annually)
General
Fund and
CDBG
Building, Comm.
and Economic
Development
Annually
• Prioritize VLI households and target disadvantaged neighbor- hoods through affirmatively marketing via ONE-PS and fliers. same same Annually
• Explore ways to improve the physical condition of trailers and mobile homes; review state NOFAs as they become available same same End of 2024
Program HS2.5
Development
Processing
• As part of annual process of reviewing zoning code regulations for cleanup items, revisit development review process
General
Fund
Development
Services
Annually
• If needed, propose modifications to the development process in light of current building activity and resource availability same same same
Program HS2.6
Mobilehome Park
Preservation and
Expansion
• Collaborate with HCD on park inspection; enforce compliance with maintenance codes and offer home rehab assistance
General
Fund
Development
Services
Annually
• Explore feasibility of a Crime Free Multi-Housing program in conjunction with the Police Department
same same End of 2024
• Explore/facilitate options for facilitating resident ownership of mobile home parks
same same same
• Evaluate/revise development standards for mobile home parks to allow expansion and encourage development of new parks same same 2024
Program HS2.7
Neighborhood
Services
• Support, promote, and work with recognized neighborhoods organizations to improve and maintain neighborhoods
General
Fund
Office of
Neighborhoods
Ongoing
• Evaluate ways to encourage and increase participation of multifamily and mobilehome parks in Neighborhood
Organizations
same same same
• Assist in outreaching to and engaging historically disadvantaged neighborhoods (See Program HS5.9)
same same One year of HE
adoption
Program HS2.8
Capital
Improvements
• Prepare and implement CIP projects to improve infrastructure and public facilities citywide
State,
federal,
and local
Public Works
Department
Annually
• Prioritize projects in disadvantaged neighborhoods to the extent possible (See Program HS5.9)
same same
• Include capital improvements to DH and Demuth parks, school and community gardens, and bicycle routes in Table 3-34 same Table 3-34
Program HS2.9
Neighborhood
Safety
• Implement and support Neighborhood Watch programs in each of Palm Springs neighborhoods
General
Fund
Police Department Annually

• Implement grants to reduce drug use and reduce crime and violence in Desert Highlands and San Rafael areas.

VIP/ DOJ
grants
Same 2023-2026
Item 2A - Page 239

Palm Springs General Plan Page 217

HOUSING ELEMENT
Table 3-45
Housing Program Summary
Program Action
Funding
Source
Implementing
Entity Time-frame
• Investigate implementing Crime Free Multi housing Program to improve safety within multiunit housing
General
Fund
Same End of 2024
Program HS2.10
Economic
Opportunity
• Continue to develop the IHub campus to build and grow renewable energy based companies and work with the College of the Desert to build a campus in the City
General
Fund
Community and
Econ Development
Annual
• Complete broadband master plan to assess coverage and plan to serve underserved neighborhoods; program projects into the Capital Improvement Program.

Grant Same End of 2024
• Implement community workforce agreement that reserves 30% of the total hours of qualified public works projects (over $1 million) for disadvantaged groups
General
Fund
Same By Jan 2023
Program HS3.1
Rental
Assistance
• Support County's HCV program; continue to advocate for 625 vouchers; publicize program on website and mail notice to apartment owners where voucher use is below the city average Target 10% increase by 2025 and 10% increase by 2027
HCV Comm. & Economic
Development
Annually
2025/2027
• Provide CDBG financial assistance, when available, to local nonprofit organizations that can be used for motel vouchers CDBG same HCV + CDBG Program HS3.2
Emergency
Rental
Assistance
• Complete remaining contracts for emergency rental assistance for income qualified households using qualified nonprofit(s) CDBG Lift to Rise/ United Way End of 2023
• Consider additional options to augment the rental assistance program to further housing security of Palm Springs residents same same same Program HS3.3
Resource
Linkages
• Continue to maintain and expand resource linkages as needed to provide a range of support services to residents
General
Fund
Comm & Economic
Development Ongoing
• Provide opportunities for funding resource linkages through the ConPlan funding process and other opportunities as feasible same same same Program HS3.4
Mobile Home
Rent Stabilization
and Preservation
• Maintain mobile home rent stabilization ordinance; annually review and revise ordinance to address contemporary concerns General
Fund
Comm & Economic
Development Annually
• Explore opportunities to address affordability and high levels of overcrowding in mobile home parks same same same
Program HS3.5
Preserve At Risk
Housing
• Annually monitor the status of 4 at risk affordable apartment projects (314 units) -- the Heritage, Tahquitz Court, Palos Verdes, and Palm Springs View
CDBG Comm. & Economic
Development Annually
• Contact owners of at risk projects within one year of expiration to discuss preserving projects. Extend affordability controls of Sunnyview Villas affordable family apartments
same same End of 2023
• Coordinate with property owners to ensure notices to tenants are sent out at 3 yrs., 12 and 6 mos.; educate tenants regarding tenant rights and conversion procedures pursuant to state law same same As projects
submitted
• Reach out to agencies & qualified entities interested in purchasing or managing at-risk units. Provide technical, financial or regulatory assistance as feasible to preserve projects same same As projects
submitted
Program HS3.6
Assist in
Development of
• Offer low-cost land, fee reductions, regulatory relief (Program HS1.2, HS1.3), and project gap funding where feasible
Fed state,
local
Comm. & Economic
Development
As projects
submitted
• Proactively contact developers with the expertise to build affordable projects (e.g., CVHC, DAP, etc.)
same same Annually
Item 2A - Page 240

Table 3-45
Housing Program Summary
Program Action
Funding
Source
Implementing
Entity Time-frame
Lower-Moderate
income housing
• Complete development of 3 lower income projects—Monarch, Sunrise Vista II, and Aloe—providing 78 ELI, 37 VLI, 73 LI units. same same End of 2025
Program HS3.7
Homeownership
and Building
Intergenerational
Wealth
• a. Present homeownership gap closure program to the City Council for consideration and adoption
General
fund
Comm. & Econ.

Development
Mid 2023
• b. Seek funding and issue RFPs for three sites in Desert Highlands neighborhood
General
Fund
Same End of 2024;
start of 2024
• c. Provide funding, land, and homeownership assistance to facilitate self-help projects on 3 sites (6 units)
CDBG,
state
Same End of 2024
Early 2025
Program HS3.8
Regional
Housing Forum
• Attend monthly meetings of the Collaborative Action Network and seek opportunities to address the valley’s housing needs General
Fund
Development
Services-
Monthly
• Pursue pro-housing designation with HCD to receive preference in housing, community development, and infrastructure program same same same
• Participate in efforts to increase the funding commitments in the Catalyst fund for affordable housing in the valley
same same same
Program HS4.1
Hillside
Development
• Continue implementation of hillside development standards to protect viewsheds and topography
General
Fund
Development
Services-
As projects
presented
• Review and revise hillside development standards, as needed, to continue meeting preservation objectives
same same same
Program HS4.2
Water
Conservation
• Continue implementation of the review of water conservation aspects of landscape ordinance
General
Fund
Dev. Services-
Office Sustainability
As projects
presented
• Develop appropriate water conservation measures as needed to conserve water resources in the city
same same same
Program HS4.3
Energy
Conservation
• Continue implementation of residential energy conservation programs and climate change mitigation, including solar energy, and exceed standards to the extent feasible.

General
Fund
Development
Services-Office of
Sustainability
As projects
presented
• Encourage residents to take advantage of the options for energy from the Desert Community Energy and other available
programs that improve energy conservation
same same same
Program HS4.4

CV MSHCP
• Continue implementation of the CV-MSHCP and the Tribal Habitat Conservation Plans
General
Fund
Development
Services-
As projects
presented
Program HS5.1
Fair Housing
• a. Contract with local fair housing providers to perform a wide range of educational, advocacy, and mediation services, averaging up to 750 landlord-tenant and 20 fair housing issues CDBG Comm. and
Economic Develop.

Annual
• b. Engage the Human Rights Commission to promote improved relations; civic peace; intergroup understanding; and
acceptance, respect, and participation of all persons in the city same same See
Table 3-34
• c. As required by the federal government, prepare an Analysis of Impediments to Fair Housing Choice or Fair Housing
Assessment and implement its findings
same same Every five years
• d. Distribute information about fair and equal housing laws and resources in libraries, community centers, social service offices, and other public locations
same same Annually
• e. Continue to hold community forums, observances, and educational venues to improve community relations and
appreciation of the City's diversity
same Community
partners
See
Table 3-34
• f. Conduct training and education to the public, property owners, and tenants, focusing on key issues to each audience
same same 2 each year
Item 2A - Page 241

Palm Springs General Plan Page 219

HOUSING ELEMENT
Table 3-45
Housing Program Summary
Program Action
Funding
Source
Implementing
Entity Time-frame
• g. Provide annual statistics on tenant-landlord issues, testing, training and education, discrimination cases, hate crimes, and school violence to HRC; produce summary report
same same W/in 90 days of
APR preparation
Program HS5.2

PLWA/HIV
• Identify additional housing opportunities for affordable housing for people living with HIV/AIDS
General
Fund
Comm. & Econ.

Development
Ongoing
• Expand collaborative network of supportive services to serve people living with HIV/AIDS
same same same
• Support efforts of DAP to implement its Master Plan and provide community clinical services
same same same
Program HS5.3
Seniors
• Seek opportunities to expand the amount of affordable senior housing through new development
General
Fund
Comm. & Econ.

Development
Annually
• Continue, as feasible, to provide and preserve a full range of housing services for senior residents
same same same
• Support the Mizell Center and assist, where feasible, health, social, transit, and other services to seniors
same same same
Program HS5.4
Housing for
disabled people
• a. Support and seek opportunities, as feasible, to expand housing to help address the diverse needs of disabled persons CDBG &
GenFund
Development
Services
As projects
submitted
• b. Work with local and regional service providers to publicize available resources for housing + services for disabled people same same same
• c. For residential care facilities serving 6 or fewer, modify definition, allow by right in all zones allowing residential uses, and treat like any other residential use consistent with state law same same End of 2024
• d. For residential facilities serving 7 or more residents, remove CUP requirement, allow by right in all zones allowing residential, and treat like any other residential use in the same zone same same End of 2024
• e. Explore opportunities to improve design standards for accessibility in multiple-family buildings to increase the number of units accessible
same same End of 2023
• f. Include fair housing outreach and education to reduce the occurrence of fair housing complaints related to disability same same Annual
• g. Review, amend as needed and implement the City’s ADA Transition Plan; continue programming improvements.
same same End of 2025
• h. Review HCD's Technical Advisory on Group Homes; revise zoning codes as needed to ensure that codes do not constrain housing for people with disabilities
same same End of 2024
Program HS5.5
Housing
Homeless
People
• a. Seek and earmark state and federal funds to continue to provide services and support existing and future housing opportunities for homeless people
General
Fund and
CDBG
Community and
Economic
Development
Annually through
ConPlan
• b. Work with county partners, CVAG, and local partners in pursuing local and regional projects designed to address the housing and supportive service needs of homeless people same same same
c. Amend codes to remove constraints to accommodating
housing for homeless people:
- transitional and supportive housing, permanent supportive housing, and low barrier navigation centers per Gov’t Codes 65583 (a)(5), §65651(a), and §65662
- define SRO units and allow by right in zones where multifamily and mixed uses are permitted as required by AB 2162
same same End of 2024
Item 2A - Page 242

Table 3-45
Housing Program Summary
Program Action
Funding
Source
Implementing
Entity Time-frame
- develop a management plan, parking standards (AB 139), and appropriate concentration standards to ensure shelters are designed/operated in an effective manner
- Rezone and redesignate up to 9.1 acres in the M-2 zone to allow residential uses and emergency shelters by right and make other required code amendments to comply with AB 2339. • d. Fund, administer, and complete the development of additional projects to house homeless people in Palm Springs (Low Barrier Navigation Center, Aloe, etc.)
same

same

Annual
By 2025
Program HS5.6
Housing for
Families
• a. Expand family housing options with the development of affordable and suitable housing for families; complete the Monarch Apartments
General
Fund
Community and
Economic
Development
Annual
• b. Support and fund services for families, including early childcare/literacy, tutoring/ after school, and recreational services to youth and children
General
Fund
Community
Services
2023/2024
• c. Continue to improve housing security through advocating for 370 project-based housing vouchers and preserving the 44-unit Sunnyview Villas affordable apartment project for families.

State and
federal
Community and
Economic
Development
Annual
Preserve by end
of 2023
Program HS5.7
Employee
Housing
• Amend the Zoning Code to define employee housing, specify zones where such uses are permitted, and develop a by right permitting process-all consistent with the California Health and Safety Code, Sections 17021.5 and 17021.6
General
Fund
Development
Services
End of 2024
Program HS5.8
Activate Palm
Springs
• Conduct workshops and readiness assessment by the end of 2023 that outlines the City's needs, assets, and opportunities for improving program outcomes
• By the middle of 2024, develop an implementation plan that sets forth transformative actions that will be implemented citywide and in neighborhoods, including disadvantaged neighborhoods General
Fund
Office of
Neighborhoods
End of 2023

By mid-2024
HS5.9
Disadvantaged
Communities
• Implement all actions, metrics, and time frames in Table 3-34, contained in the AFH Section of the Housing Element
General
Fund
Various
Departments
Annual
• Annually report progress to the Human Rights Commission and adjust actions to continue progress and achievement of goals General
Fund
Community and
Econ. Development
Annual
• With the initiation of Activate Palm Springs program, seek opportunities for leveraging that effort to further address disadvantaged communities
General
Fund
Office of
Neighborhoods
Annual
HS5.10 Housing
Opportunity in
High Opportunity
Areas
• Target the RHNA site inventory in HRIAs for low income affordable housing. Offer regulatory and financial incentives (HS1.2 / HS1.3) to developers to assist in the development of housing that addresses the unmet low income RHNA
General
Fund
Community and
Economic
Development
Annual

Quantified Objectives
Units Affordable to
Very Low Income Hhld
Units Affordable to
Low Income Hhlds
Units Affordable to Mod
Income Hhlds
Units Affordable to Above
Moderate Hhlds
New Construction 545 408 461 1,143
Rehabilitation 120 -0- -0- -0-
Preservation 1,167 -0- -0-
Total 461 1,143

Item 2A - Page 243
City
of Palm Springs 1 July 8, 2021
General Plan Listening Sessions Survey:

Vision, Housing, Environmental Justice
Summary of Comments
July 8, 2021
Background
In June 2021, the City of Palm Springs hosted a public survey as a part of the General Plan Update effort (www.psgeneralplan.com), to learn more about the community’s challenges in gaining access to proper housing, healthy food, parks, public facilities and community services. The Palm Springs City Council specifically requested that staff conduct additional public outreach related to the General Plan Vision statement, which looks forward to 2040 to articulate the type of community Palm Springs aspires to be in 20 years. As a result of direction provided by the City Council and Council Subcommittee on Affordable Housing, the City conducted a survey (which was administered in English and Spanish) and hosted four in-person Listening Sessions June 15-28, 2021.

Purpose of the Survey
The intent of the listening sessions and survey was to hear directly from residents in neighborhoods that have historically had less access to amenities and services (like parks and healthy food) to ensure that all residents have equal opportunities in the future to access these resources. The purpose of the meetings was to gather additional input on the vision, and to hear from community members their thoughts regarding topics related to:
• Housing
• Parks
• Public Facilities
• Healthy Food
• Medical Care
• Transit
Community Listening Sessions were held on the following dates in the following areas of the City:
• Tuesday, June 15, 5:30 p.m., Mizell Senior Center, 480 S. Sunrise Way • Thursday, June 17, 5:30 p.m., Demuth Community Center, 3601 E. Mesquite Avenue • Tuesday, June 22, 5:30 p.m., Vista Del Monte Elementary School, 2744 N. Via Miraleste. This meeting was conducted in Spanish.
• Monday, June 28, 5:30 p.m., James O. Jessie Desert Highland Unity Center, 480 Tramview Road.

Alth
ough the listening sessions and survey focused on a handful of areas in the city, the City also welcomed city-wide comments.

Appendix A
Item 2A - Page 244

City of Palm Springs 2 July 8, 2021
Who Participated?
The demographics of survey respondents were generally consistent with participation in prior General Plan Update surveys. The largest number of respondents were residents; full time residents comprised the vast majority of respondents (over 80%). A much smaller number of respondents both live and work in the City, and no responses were received from those who work in the city (only).

Once again, the overwhelming majority of respondents identified themselves as over 40 years of age (approximately 91%), with the 40-64 age bracket accounting for the majority of total participants.

Conversely, only 2 percent of respondents identified themselves as younger than 40-years-old.

A total of 20 responses were submitted by participants. Input collected will be used by the City and the to inform their land use, housing and mobility recommendations to update the General Plan and will also be shared with the Planning Commission and City Council. They may also be used by the Equity & Social Justice Committee in their future discussions and recommendations.

Respondents were asked if they Strongly Agreed, Agreed, Disagreed, Strongly Disagreed or had No Opinion about their ability to have access to various services and were asked to provide additional commentary that would help inform the creation of new goals, policies, plans and programs that the City could consider as part of its General Plan update (and more specifically the update to the Housing Element). The questions asked also helped the City to address its challenges related to Environmental Justice, a new topic that must be explored as part of the adoption of SB1000. Following is a summary of the broad ideas conveyed in the survey comments (since there were a limited number of respondents) including who participated and the feedback they provided (full comments can be found in the attached PDF).

What Did We Hear?

Vision 2040
The first portion of the survey asked a respondents
to comment on the draft General Plan Vision 2040,
to think broadly about what items should be
included in the future vision of Palm Springs that
aren’t currently included now. The majority of
survey respondents responded that there were
additional revisions that should be considered, and
new language added to the draft vision statement.

Most highlighted current issues taking place in the
city; these issues include racism, discrimination,
climate change, gentrification, accessibility to essential resources, and affordable housing, among others, with the insistence that the residents of Palm Springs should be prioritized over tourists and visitors. Commenters identified a need to “foster equity and understanding” and to further “define inclusiveness” and what that means for Palm Springs (and how that is integrated into programs, the image the City projects, projects they approve, etc.).

“We need more access to affordable housing that
would include options to purchase housing.

Working families need more access to affordable
childcare. Underserved communities need more
access to full-service grocery stores and healthcare
options. Current parks need updating before we
build new ones.”
Item 2A - Page 245

City of Palm Springs 3 July 8, 2021

Housing
Approximately 60% survey respondents ensured to describe local housing issues affecting the livelihood of residents. Most disagree or strongly disagree that they that are able to find housing that meet their needs. Among these survey results, common obstacles to accessing the housing they need include:
• High costs of rental housing
• Lack of affordable housing
• Rent increases
• Substandard housing
• Difficulties in becoming homeowners
• Credit score requirement for rental housing
Parks and Recreation
Parks and Recreation received the most positive comments in comparison to other themes. However, residents
expressed the need for more improvements that suit their needs such as:
• Shaded areas
• Water and splash pads for children
• Dog parks
• Accessibility (i.e., parks within proximity of neighborhoods, more public restrooms, etc.) • Improving existing parks
• Need for more outdoor activities (i.e., walking and hiking activities) Public Facilities
Like Parks and Recreation, public facilities received a several positive comments. Survey recipients provided
recommendations to make these resources stronger
including:
• Affordable childcare services
• Family friendly facilities
• Educational programs (i.e., tutoring, early education, adult education, etc.) • Public lighting
• Public infrastructure (i.e., roads, sidewalks, bike lanes/bikeways, etc.) • Accessible community meeting rooms and spaces
• Community center(s)
“Personally, I am a homeowner, but my
adult children and grandchildren
cannot find affordable housing in Palm
Springs.”
“Long wait lists for low income, double
deposits, poor living conditions with
high rent cost. Credit checks hinder
those working to rebuild credit scores.”
“Could we get a pool? It’s hot and the
community has to travel across town
for everything.”
“Need road maintenance, added bike
lanes and bikeways and safe pedestrian
routes.”
Item 2A - Page 246

City of Palm Springs 4 July 8, 2021

Healthy Food
The most common concern regarding access to healthy food centered on the need for full-service grocery stores within proximity to neighborhoods, especially in northwest Palm Springs. Some community members expressed that
convenience stores are not able to fully meet the needs of residents. Residents express that there needs to be more healthy food resources, including stores and restaurants, outside of the downtown area.

Medical Care
Survey recipients provided mixed responses regarding medical cares in their neighborhoods. A common recommendation for medical resources included more hospitals, affordable clinics and pharmacies, and the need for more options when it comes to their health care (i.e., more choices for doctors and dentists without having to go downtown).

Transit
Survey respondents provided recommendations for the gaps of local public transit. The common recommendations related to transit included the need for more frequent bus lines that provide access to different areas in the city. Residents also express the need for:
• Safer active transportation infrastructure (pedestrian friendly sidewalks, bike lanes, and bike pathways),
• Road improvements
• Bus services improvement (i.e., more bus routes, bus frequency, etc.) • Bus stop furniture (I.e., shaded waiting areas, bus benches, etc.)

“Would love some healthy restaurants
incentivized to open in spaces outside
of just the downtown.”
“I do have a garden where I grow my
own veggies but we could use a
community garden. The food trucks
were such a great help. Thanks for all
the City and Food Bank doe..”
“Need more transportation corridors;
that means more bus stops and higher
frequency bus service.”
Item 2A - Page 247
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Gov ernor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Oct
ober 1, 2021
David
Newell, Assistant Director of Planning
Department of Development Services – Planning
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA, 92262
Dear Da
vid Newell
RE: City of Palm Springs’ 6th Cycle (2021-2029) Draft Housing Element Update Thank you for submitting the City of Palm Springs’ (City) draft housing element received for review on August 23, 2021, along with revisions received on September 17, 2021.

Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation on September 9,2021 with you and the City’s consultant, Mark Hoffman.

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

Palm Springs’ statutory deadline to adopt a housing element is October 15, 2021. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

Pub
lic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Appendix B-1
Item 2A - Page 248
David Newell, Assistant Director of Planning

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf
and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

HCD appreciates the cooperation yourself and the City’s consultant, Mark Hoffman provided during the review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Sohab Mehmood, of our staff, at [email protected]
.

Sincerely,

Paul
McDougall
Senior Program Manager

Enclosure
Item 2A - Page 249

City of Palm Springs’ 6th Cycle Draft Housing Element Update Page 1 October 1, 2021

APPENDIX

CITY OF PALM SPRINGS

The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml .

Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision

Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)

The element must provide an evaluation of the effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers and persons experiencing homelessness).

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing (AFFH) in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)

Enforcement: While the element does include an analysis of trends and patterns related to fair housing enforcement complaints, it must also describe compliance with existing fair housing laws and regulations and include information on fair housing outreach capacity.

For additional information, please see page.28-30 on HCD AFFH Guidance:

Affirmatively
Furthering Fair Housing (ca.gov).

Regional Trends and Patterns: While the element includes some regional analysis related to factors such as income and disability, it must also analyze regional trends and patterns related to familial status, access to educational opportunities, access to regional transportation, and disproportionate housing needs, including displacement risk and for people experiencing homelessness.

Access to Opportunity: While the element includes a local analysis of access to variety of opportunities including transportation, environmental, and economic, it must analyze educational opportunities. For example, the element included a list of K-12 schools and their rankings; however it should analyze this data for local and regional trends and Item 2A - Page 250

City of Palm Springs’ 6th Cycle Draft Housing Element Update Page 2 October 1, 2021
patterns. It could also analyze school ranking data relative to different fair housing topics such as integration and segregation and disproportionate housing needs.

Disproportionate Housing Needs, including Displacement Risks: While the element analyzes cost burdened, overcrowded and substandard housing conditions for trends and patterns, it must also analyze persons experiencing homelessness for both local and regional trends and patterns.

Sites Inventory: The element includes a general analysis of the location of sites relative to specific communities; however the element must analyze whether the sites improve or exacerbate each of the fair housing issue areas including segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, and disproportionate housing needs including displacement risk.

Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Most of the programs included in the element do not appear to facilitate any meaningful change nor address AFFH requirements. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results. For example, the element lists several actions the City will take to address neighborhood disinvestment including promoting projects to improve quality of life and implementing place-based initiatives (p.113). However, the element should include additional information on how and when the City will implement these actions including metrics to measure the effectiveness of this and other actions throughout the planning period.

In addition to including programs that enhance housing mobility; providing housing choices in areas of high opportunity; addressing disproportionate housing needs; the element identifies specific communities that have several fair housing issues including concentrations of poverty, low resourced, and substandard housing conditions and have been designated as disadvantaged communities such as DeMuth and Desert Highlands.

As a result, the element must include significant placed-based programs for community revitalization. The element could also modify existing programs such as HS2.4, 2.7, 2.8,

2.9, by placing a focus on the communities noted above.

2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households (ELI). (Gov. Code, § 65583, subd. (a)(1).)

Extremely Low-Income Households (ELI): While the element identifies the projected number of ELI households, it must still analyze their existing housing needs. This is particularly important given the unique and disproportionate needs of ELI households.

For example, the element should analyze tenure, cost burden, overcrowding and other http://www.hcd.ca.gov/community-development/building-
blocks/housing-needs/extremely-low-income-housing-needs.shtml.

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City of Palm Springs’ 6th Cycle Draft Housing Element Update Page 3 October 1, 2021

3. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)

Overpayment: While the element identifies the total number of overpaying households, it must quantify and analyze overpaying households by tenure (i.e., renter and owner), including for lower-income households. For your information, please see the SCAG pre- certified local data packages: https://scag.ca.gov/local-housing-data.

4. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)

Realistic Capacity: To demonstrate realistic capacity, the element must adjust calculations based on land use controls and site improvements. The element should also include clear supporting information on typical densities of existing or approved residential developments at similar affordability levels. For example, the element could clearly list recent projects, the zone, acreage, built density, allowable density, level of affordability and presence of exceptions such as a density bonus.

Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to
[email protected] . Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housing-element/index.shtml for a copy of the form and instructions.

Zoning for a Variety of Housing Types (Emergency Shelters): The element states emergency shelters are permitted by-right in the M-2 zone; however, the element must analyze the suitability and capacity of the M-2 zone to meet the need for emergency shelters. For example, the element should identify the number of parcels, typical parcel sizes, available acreage, whether sites are underutilized, and any potential for reusing existing buildings to emergency shelters. The element should also discuss proximity to transit and services and any known hazardous conditions unfit for human habitation.

5. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures… (Gov. Code, § 65583, subd. (a)(5).)

Land-Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should Item 2A - Page 252

City of Palm Springs’ 6th Cycle Draft Housing Element Update Page 4 October 1, 2021
address land use controls independently and cumulatively with other land use controls.

The analysis should specifically address requirements related to multifamily heights and minimum lot sizes. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.

Processing and Permit Procedures: While the element includes information about processing times and permit approval process, it should also specifically describe the Planning Commission approval process, including the number of hearings and approval findings and analyze any impacts on cost, supply, timing, and approval certainty.

Constraints on Housing for Persons with Disabilities: While the element has a program to amend zoning and permit group homes for six or fewer persons, it does not address group homes for seven or more persons. The element should specifically clarify whether these uses are permitted or allowed including where and how the uses are permitted and evaluate potential constraints. For your information, excluding these uses from residential zones or subjecting the uses to conditional use permits is generally considered a constraint and programs (Program HS1.8) should be modified as appropriate with specific commitment to allow the use in residential zones with objectivity and certainty.

Additionally, the element should clarify if the City has any zoning code definition of “family” and evaluate any impacts on housing for persons with disabilities.

On and Off-Site Improvements: The element must identify subdivision level improvement requirements, such as minimum street widths (e.g., 40-
http://www.hcd.ca.gov/community-development/building-blocks/constraints/codes-and- enforcement-on-offsite-improvement-standards.shtml.

Zoning, Development Standards and Fees: The element must clarify compliance with new transparency requirements for posting all zoning, development standards and fees on the City’s website and add a program to address these requirements, if necessary.

6. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584… (Gov. Code, § 65583, subd. (a)(6).)

Approval Time: The element must analyze the length of time between receiving approval for housing development and submittal of application for building permits. The analysis must address any hinderances on housing development, and programs should be added as appropriate.

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City of Palm Springs’ 6th Cycle Draft Housing Element Update Page 5 October 1, 2021

C. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single- room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)

As noted in Finding B4, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

2. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. (Gov. Code, § 65583, subd. (c)(2).)

The element must include programs to assist in the development of housing for lower- and moderate-income households, including ELI and special needs households.

Program actions could include proactive outreach and assistance to non-profit service providers and developers, prioritizing some funding for housing developments affordable to special needs households and offering financial incentives or regulatory concessions to encourage a variety of housing types.

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)

As noted in Findings B5 and B6, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

4. Promote AFFH opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and Item 2A - Page 254

City of Palm Springs’ 6th Cycle Draft Housing Element Update Page 6 October 1, 2021
planning law. (Gov. Code, § 65583, subd. (c)(5).)

As noted in Finding B1, the element must include a complete assessment of fair housing.

Based on the outcomes of that analysis, the element must add or modify programs.

5. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)

The element includes Program HS3.8 (At-Risk Preservation) to monitor the status of at- risk projects and contact property; however, the Program should also commit to comply with noticing requirements within 3 years, 12 months, and 6 months of the affordability expiration date, coordinate with qualified entities and provide education and support for tenants.

D. Public Participation

Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).)

The element includes a complete summary of the public participation process to date, including a description of public comments. However, the element must also describe how public comments were considered and incorporated into the element.

Item 2A - Page 255
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January
14, 2022
David Ne
well, Assistant Director
Department of Development Services – Planning
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA, 92262
Dear David Newell
RE: City of Palm Springs’ 6th Cycle (2021-2029) Revised Draft Housing Element Update
Thank you for submitting the City of Palm Springs’ (Cit y) draft housing element received for review on November 18, 2021. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on January 11, 2022 with you, the City’s consultant, Mark Hoffman and the City’s attorney, Todd Leishman.

The revised draft elem
ent addresses many statutory requirements described in HCD’s October 1, 2021 review; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The revisions needed are as follows:

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov.

Code, § 65583, subd. (c)(5).)
Actions, Programs, Metrics, and Milestones: As stated in HCD’s October 1, 2021 review, goals and actions must significantly seek to overcome contributing factors to fair housing issues. In addition, programs must enhance housing mobility; Appendix B-2
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David Newell, Assistant Director

provide housing choices in areas of high opportunity; address disproportionate housing needs and implement place-based strategies for community revitalization and conservation. While the revised element included some modifications, several programs did not include specific actions or a description of how each action will be implemented. Lastly, as noted in the prior review, programs must include metrics and milestones to target meaningful outcomes and measure the effectiveness of actions. Programs to be revised include Programs HS1.4, 2.3,

2.4, 2.7, 2.8, 2.10, 3.1, 3.2, 3.4, 3.5, 3.6, 5.1. Additionally, the element should be revised as follows:

• Place-based Strategies for Community Revitalization: HCD’s October 1, 2021 review stated that to develop place-based strategies for communities with several overlapping fair housing issues including DeMuth Park, Desert Highlands, and Crossley Tract, the element could modify existing programs by placing a specific focus on these communities. The revised element modified Program HS2.10 to “prioritize existing housing programs (2.3, 2.4,

2.7, 2.8, 2.9)” for the neighborhoods mentioned above. However, the element provided no description on how each program would prioritize these neighborhoods. Examples include:
o P rogram HS2.7 commits to working with neighborhood
organizations to improve neighborhoods in the City with a specific focus on disadvantaged communities (per HS2.10). This program should explain what actions the City and neighborhood
organizations will take to improve neighborhoods.
o Program HS2.10 stated that the City will improve access to transit, parks, and public safety for specific neighborhoods, but it should also include a list of committed actions that will lead to improving access to opportunities.
o Program HS2.3 included providing outreach and education, however, it still needs to describe how the City will conduct outreach (e.g., newsletters, social media, flyers, etc.,), how frequently the City will provide education (e.g., annually), and how this program will be prioritized in communities with several fair housing issues. • New Housing Choices and Affordability in Areas of Opportunity: The element did not identify actions or programs to address this requirement. Given that most of the City is considered high to highest resource, the element must identify programs and actions that promote housing choices and affordable in areas of higher opportunity and throughout the community. For a list of examples, please see page 72-
https://www.hcd.ca.gov/community-
development/affh/docs/affh_document_final_4-27-2021.pdf Item 2A - Page 257
David Newell, Assistant Director

2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households (ELI). (Gov. Code, § 65583, subd. (a)(1).)

ELI Households: While the revised element analyzed the housing needs for lower-income households including discussing the characteristics of need and current and proposed resources, as stated in HCD’s October 1, 2021 review, the element must analyze the needs of ELI households. Please see HCD’s prior review for more information. Based on the outcomes of a complete analysis, the element should add or modify programs as appropriate.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Iden
tify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory .... Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
Parcel Listing: The Sites Inventory must list properties by, among other factors (e.g., zone, general plan, size) assessor parcel number. The element included Site #14 in the inventory (p. 141) to accommodate 101 moderate-income units; however it did not list the accessors parcel number (APN) but instead listed the site as “19 ad. parcels.” The element must include the APNs for each parcel that makes up Site #14. Based on the outcomes of a complete analysis, the element must include programs as appropriate to address a shortfall of sites or zoning available to encourage a variety of housing types.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other Item 2A - Page 258
David Newell, Assistant Director

exactions required of developers, and local processing and permit procedures… (Gov. Code, § 65583, subd. (a)(5).)

Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
Constraints on Housing for Persons with Disabilities: As stated in HCD’s October 1, 2021 review, the element did not address group homes for seven or more persons. While the element has a program to amend zoning and permit group homes for six or fewer persons, it does not address group homes for seven or more persons. Additionally, while the element did clarify that these uses are conditionally allowed and provided a list of projects that have been approved (p. 66), it did not analyze impacts and potential constraints on housing for persons with disabilities. The analysis must address required approval findings, process including timing, and where these uses are permitted. Based on the outcomes of this analysis, the element must include programs as appropriate. Please see HCD’s prior review for additional information.

Land-Use Controls–Multifamily Heights: The revised element provided a cumulative analysis of land use controls and independently evaluated multifamily heights and minimum lot size requirements. From the conversation between the City and HCD, the City contends that constraints must only be evaluated for impacts on the ability to accommodate the RHNA. While the City must evaluate impacts on the ability to accommodate the RHNA, it must also evaluate potential constraints on housing (maintenance, improvement, and development) for impacts on housing supply (including allowable densities), cost, type, timing, and approval certainty. This analysis is not limited to the RHNA. The City imposes a maximum height requirement of two stories in the R-3 zone where the maximum allowable density is 30 units per acre (p. 67). This requirement is a constraint as it, for example, can hinder achieving the maximum allowable density. While the revised element included Program HS1.8 to analyze the impact of development standards and revise if needed, the revision is needed. This program must specifically commit to revising the maximum height requirement in the R-3 zone to facilitate achieving maximum densities.

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David Newell, Assistant Director

The element will meet statutory requirements of State Housing Element Law once it has been revised and adopted to comply with the above requirements.

Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory.

Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected]
. Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/community-development/housing-element/index.shtml for a copy of the form and instructions.

As
a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

Palm Springs’ statutory deadline to adopt a housing element is October 15, 2021. For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of this statutory deadline, then any rezoning to accommodate the RHNA, including for lower- income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).

Pu
blic participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

Item 2A - Page 260
David Newell, Assistant Director

We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Sohab Mehmood, of our staff, at [email protected]
.

Sincer
ely,
Paul
McDougall
Senior Program Manager
Item 2A - Page 261

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Appendix 3-B
GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 23,
2023
David Ne
well, Assistance Director
Department of Development Services – Planning
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Dav
id Newell:

RE: Ci
ty of Palm Springs’ 6th Cycle (2021-2029) Revised Draft Housing Element Thank you f
or submitting the City of Palm Springs’ (City) revised draft housing element that was received for review on March 28, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review.

The revi
sed draft housing element addresses most statutory requirements described in HCD’s January 14, 2022 review; however, additional revisions are necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq.), as follows:

1. Promot
e and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).) Acti
ons, Programs, Metrics, and Milestones: HCD’s prior r eview found that the element must include programs that 1) are significant and meaningful 2) address fair housing issues 3) enhance housing mobility; increasing new housing choices and affordability in areas of opportunity and implement place-based strategies for community revitalization and conservation. Additionally, HCD found and provided specific feedback to revise several key programs with significant and meaningful metrics and geographic targeting along with implementation actions. HCD further clarified necessary revisions under separate cover to assist the City in meeting statutory requirements. In response, the City essentially re-designed the affirmatively furthering fair housing (AFFH) related programs – removing some programs and adding other programs - but still has not responded to HCD’s prior findings. Therefore, HCD completed a new review of each program that has been identified for AFFH. Based on the programs identified in Table 3-33 and Program HS5.9 (Disadvantaged Communities), the element should be revised as follows:

Item 2A - Page 262
David Newell, Assistance Director

• Metrics and Geographic Targeting: As found in HCD’s prior reviews, to target significant and meaningful change, the element must include metrics or numerical objectives. Several programs still do not include quantifiable metrics. Additionally, programs that did include some metrics, did not include metrics that target meaningful outcomes. Programs should include metrics that target beneficial impacts for people, households, and neighborhoods. Additionally, the element should increase the quantifiable metric for affordability related to programs for housing opportunities and affordability in areas of relatively higher opportunity and place-based strategies toward community revitalization. Additionally, several programs still must include geographic targeting.

• New Housing Choices and Affordability in Areas of Relatively Higher Opportunity and Place-Based Strategies for Community Revitalization:

While the element included some programs to address these objectives, given the community need, history of the City and disparities in access to equitable communities, the element still should include additional actions to ensure that programs are significant in addressing these disparities.

2. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)

Timelines: Several programs include implementation and completion dates that have since past. The element should update all programs to accurately reflect implementation timelines. This includes but is not limited to Programs HS1.5 (Small Lot Housing), HS1.7 (Inclusionary Housing), HS1.9 (Variety of Housing for All), HS2.4 (Housing Rehabilitation) and HS2.9 (Neighborhood Safety).

Program 5.4 (Hous
ing for Disabled People): The element now includes the
required actions to address HCD’s prior reviews regarding group homes of seven or more. However, while the program commits to removing the use permit requirement, allowing these uses by-right in residential zones and similarly to other uses, the timeline states that the program will be implemented as projects are submitted. The element must be revised with a clear implementation timeline (e.g., end of 2024) for amending zoning and permit procedures.

Item 2A - Page 263
David Newell, Assistance Director

The element will meet the statutory requirements of State Housing Element Law once it has been revised and adopted to comply with the above requirements.

As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.

Chapter 654, Statutes of 2022 (AB 2339), adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements.

For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-com munity/ab2339-
notice.pdf.

For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-co
mmunity-development/housing-
elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

Item 2A - Page 264
David Newell, Assistance Director

We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Sohab Mehmood, of our staff, at [email protected].

Sincerely,

Paul
McDougall
Senior Program Manager
Item 2A - Page 265

ATTACHMENT C
Item 2A - Page 266
September 2023 | General Plan EIR Addendum

ADDENDUM TO THE GENERAL PLAN EIR
SCH No. 2006071060

FOR THE
2021–2029 HOUSING ELEMENT UPDATE
City of Palm Springs
Prepared for:

City of Palm Springs
Flinn Fagg
Development Services Director
3200 E Tahquitz Canyon Way
Palm Springs, California 92262
760.323.8245

Prepared by:

PlaceWorks
Contact: Miles Barker, Project Planner
101 Parkshore Drive, Suite 112
Folsom, California 95630
916.276.0616
[email protected]
www.placeworks.com

Item 2A - Page 267
ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021– 2029 HOUSING ELEMENT UPDATE

CITY OF PALM SPRINGS
Table of Contents
August 2023 Page i
Section Page

1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR ........................................................... 1

1.1 BACKGROUND .................................................................................................................................................... 1

1.2 GENERAL PLAN EIR ........................................................................................................................................ 2

1.3 PROJECT SUMMARY ......................................................................................................................................... 3

1.4 PURPOSE OF AN EIR ADDENDUM ........................................................................................................... 5

2. CEQA ANALYSIS ............................................................................................................................. 7

2.1 ENVIRONMENTAL ANALYSIS ..................................................................................................................... 7

2.2 FINDING ................................................................................................................................................................ 8

Item 2A - Page 268
ADDENDUM TO THE GENERAL PLAN EIR FOR THE 2021– 2029 HOUSING ELEMENT UPDATE

CITY OF PALM SPRINGS
Table of Contents
Page ii PlaceWorks
This page intentionally left blank.

Item 2A - Page 269

August 2023 Page 1

1. Addendum to the Adopted General Plan EIR

1.1 BACKGROUND
The proposed 2021–2029 Housing Element (proposed project) will replace the existing 201 4–2021 Housing Element and serve as the City of Palm Springs’ (City’s) guiding policy document to address the City’s housing needs as required under state law. The Housing Element is one of eight elements of the City’s General Plan.

The General Plan is the foundation development policy document for the City of Palm Springs. It defines the framework by which the physical, economic, and human resources of the city are to be managed and used over time. The General Plan acts to clarify and articulate the intentions of the City with respect to the rights and expectations of the public, property owners, and prospective investors and business interests. The General Plan informs these citizens of the goals, objectives, policies, and standards for development of the c ity and the responsibilities of all sectors in meeting these. While the General Plan Environmental Impact Report (EIR) did not specifically address the Housing Element, the policies in the General Plan address the physical impacts resulting from development in Palm Springs.

As a policy document, the Housing Element does not result in physical changes to the environment but encourages the provision of affordable housing within the housing development projected within the existing land use designations in the Lan d Use Element of the General Plan. In order to meet the City’s Regional Housing Needs Allocation (RHNA), the City will have to amend land use designations and rezone two sites to be able to accommodate residential units in the RHNA. As identified in Table 3-39 of the Housing Element, site 15 encompasses the following assessor parcel numbers ( APNs): 504-270-005, 504-270-006, 504-270-007, and 504-270-008. Site 16 encompasses the following APNs: 504-270-001, 504-270-002, and 504-270-003. These sites encompass approximately 5.5 acres and are currently designated Mixed-Use/Multi-Use (MU/MU) which allow for 15 dwelling units per acre (du/ac) and up to 30 du/ac through a planned development district .

Combined, these sites currently allow for 83 units or up to 165 units with a planned development district.

The new land use designations would be High Density Residential (HDR) for sites 15 and 16. The HDR land use designation for sites 15 and 16 is projected in the Housing Element to allow for 25 du/ac, representing an increase of 12 du/ac for site 15 and 16 du/ac for site 16. Combined, these land use changes could represent an increase of 72 allowable units.

The General Plan EIR assumed 7,459 acres of land designated solely for residential use (1,731 acres of Estate Residential; 2,654 acres of Very Low; 1,031 acres of Low; 1,461 acres of Medium; and 582 acres of High). The increase in residentially designated acreage represents 0.07 percent of the total residential land assumed in the General Plan EIR. Moreover, the General Plan EIR assumed 51,285 dwelling units for residential use (2,571 dwelling units of Estate Residential; 9,411 dwelling units of Very Low; 5,414 dwelling units of Low; 14,897 dwelling units of Medium; 12,192 dwelling units of High, 1,282 Mixed Use, 1,396 in Central Business District, 1,208 in Open Space, 2,577 in Special Policy Areas, and 337 Small Hotel). The increase in residential dwelling units, if a planned development district is not included, represents 0.14 percent of the total dwelling units assumed in the General Plan EIR.

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1. Addendum to the Adopted General Plan EIR

None of the policies, programs, or action items in the proposed project would change the existing land use pattern as established by the General Plan and evaluated in the General Plan EIR. All future construction within Palm Springs must comply with the General Plan, zoning ordinance, state and federal regulations, and local development standards. In addition, future discretionary actions (e.g., site plan review) require independent and project-specific environmental review to comply with the California Environmental Quality Act (CEQA).

1.2 GENERAL PLAN EIR
The General Plan EIR addresses potentially significant impacts related to aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous waste, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. The General Plan EIR determined that General Plan policies identified in the EIR would reduce significant impacts to a less than significant level for the following environmental topic areas: aesthetics, biological resources, cultural resources, geology and soils, hydrology and water quality, land use and planning, public services, recreation, and utilities and service systems.

The General Plan EIR determined that implementation of the General Plan would result in significant and unavoidable impacts to the following environmental topics. • Agricultural Resources
o 5.2-1: The General Plan Update would convert 34.1 acres of California Resource Agency - designated Prime Farmland to desert (1 du/10 ac) land use. o 5.2-2: The General Plan Update would involve changes in the existing environment that would result in the conversion of surrounding farmland to nonagricultural uses. • Air Quality
o 5.3-2: Construction activities associated with buildout of the General Plan would generate short-term emissions of CO, NO X, ROG, SO X, PM 10, and PM 2.5 in exceedance of SCAQMD’S construction thresholds and significantly contribute to the ozone and PM 10 nonattainment designation of the SSAB.
o 5.3-3: Buildout of the proposed General Plan would generate emissions of CO, NOX, ROG, SOx, PM 10, and PM 2.5 that ex ceed the SCAQMD’s operational thresholds and would significantly contribute to the ozone and PM10 nonattainment designation of the SSAB. o 5.3-3: Buildout of the proposed General Plan could expose sensitive receptors to substantial pollutant concentrations.
• Hazards and Hazardous Materials
o 5.7-3: The Palm Springs International Airport is located within the City of Palm Springs and portions of the City are within the Land Use Compatibility Plan for the airport. • Mineral Resources
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o 5.9-1: Project implementation wo uld result in the loss of availability of a known mineral resource.
• Noise
o 5.11-1 Buildout of the General Plan would result in an increase in traffic on local roadways within the City of Palm Springs which would substantially increase the existing noise environment.
o 5.11-2: Buildout of the General Plan would generate groundborne vibration that may exceed the threshold for annoyance during construction activities. o 5.11-3: Construction activities associated with buildout of the Palm Springs General Pl an would result in temporary noise increases in the vicinity of noise-sensitive receptors. o 5.11-4: The Palm Springs International Airport is located within the City of Palm Springs, resulting in exposure of future residents, workers, and occupants to signi ficant levels of airport-related noise.
• Population and Housing
o 5.12-1: The proposed project would directly result in population growth in the project area. • Transportation and Traffic
o 5.15-1: Project -related trip generation would impact levels of service fo r the existing area roadway system.

1.3 PROJECT SUMMARY
CEQA requires the City to evaluate the potential impacts associated with changes to the environment. In this instance, most of the goals, policies, and programs from the previous Housing Element are continued through to the proposed 2021–2029 Housing Element.

The proposed 2021–2029 Housing Element consolidates many programs from the previous Housing Element to aid in implementation and eliminate redundancy. The amended programs are included in the proposed 2021–2029 Housing Element. As noted above, none of the policies, programs, or action items in the proposed project would change the existing land use pattern as established by the General Plan and evaluated in the General Plan EIR. The amendments to the programs are intended to encourage the provision of affordable housing within the existing land use designations in the Land Use Element of the General Plan. The amended programs would not increase the intensity of development from that which would be allowed under the existing Housing Element or result in a change in land use that would otherwise result in a change in physical environmental effects that were previously disclosed in the General Plan EIR.

The following table summarizes the proposed Housing element goals and programs.

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1. Addendum to the Adopted General Plan EIR

Housing Element Goal and Program Summary
Goals Programs
Goal HS1:

Diverse, Balanced Housing
Opportunity
Facilitate a diverse and balanced
range of housing types, prices, and
opportunities to address current and
future housing needs in the city.
• HS1.1: Adequate Sites
• HS1.2 Regulatory Incentives
• HS1.3 Financial Incentives
• HS1.4 Accessory Dwellings
• HS1.5 Small Lot Housing
• HS1.6 Hotel Conversion
• HS1.7 Inclusionary Housing and Commercial Linkage
Fee
• HS1.8 Zoning Code Updates
• HS1.9 Variety of Housing
Goal HS2:

Housing and Neighborhood
Quality
Foster a high quality of life and
vibrant neighborhoods through the
preservation and improvement of
housing and neighborhood
character and provision of
community services.
• HS2.1 Design Standards
• HS2.2 Historic Preservation
• HS2.3 Property Maintenance
• HS2.4 Housing Rehabilitation
• HS2.5 Development Processing
• HS2.6 Mobilehome Park Preservation and Expansion
• HS2.7 Neighborhood Services
• HS2.8 Capital Improvements
• HS2.9 Neighborhood Safety
• HS2.10 Economic Opportunity
Goal HS3:

Housing Assistance and Special
Needs
Facilitate and encourage a broad
range of rental and ownership
opportunities, housing products,
and community supportive services
for people with special housing
needs.

• HS3.1 Rental Assistance
• HS3.2 Emergency Rental Assistance
• HS3.3 Resource Linkages
• HS3.4 Mobile Home Rent Stabilization and
Preservation
• HS3.5 Preserve At Risk Housing
• HS3.6 Assist in Develop of Lower-Moderate income
housing
• HS3.7 Homeownership and Building Intergenerational
Wealth
• HS3.8 Regional Housing Forum
Goal HS4:

Resource Conservation
Fulfill the City’s housing needs
while protecting the natural
environment and resources, the
safety of housing, and promoting an
environmentally sustainable ethic.
• HS4.1 Hillside Development
• HS4.2 Water Conservation
• HS4.3 Energy Conservation
• HS4.4 CVMSHCP
Goal HS5:

Fair Housing
Affirm, promote, and implement
social justice and equity in the
provision, type, and affordability of
housing and the availability of
services for all Palm Springs
residents.

• HS5.1 Fair Housing
• HS5.2 PLWA/HIV
• HS5.3 Seniors
• HS5.4 Housing for Disabled People
• HS5.5 Housing Homeless People
• HS5.6 Housing for Families
• HS5.7 Employee Housing
• HS5.8 Activate Palm Springs
• HS5.9 Disadvantaged Communities
• HS5.10 Housing Opportunity in High Opportunity
Areas

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1. Addendum to the Adopted General Plan EIR

1.4 PURPOSE OF AN EIR ADDENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) to (3) calling for the preparation of a subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new signif icant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed p roject would not result in any of the conditions outlined in CEQA Guidelines Section 15162(a)(1) to (3) , as the proposed changes would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the 2007 General Plan EIR. Accordingly, the following provides the substantial evidence required by CEQA Guidelines Section 15164(e) to support the finding that a subsequent EIR is not required and an addendum to the General Plan EIR is the appropriate environmental document to address changes to the proposed project.

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1. Addendum to the Adopted General Plan EIR

As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopte d negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency ’s findings on the project, or elsew here in the record. The explanation must be supported by substantial evidence.

A copy of this addendum, and all supporting documentation, may be reviewed or obtained at the City of Palm Springs Planning Services Department, 3200 E Tahquitz Canyon Way, Palm Springs, California 92262.

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2. CEQA Analysis

2.1 ENVIRONMENTAL ANALYSIS
The General Plan contains policies related to land use ; housing; circulation; recreation, open space and conservation; safety; air quality; noise; and community design. The General Plan is largely designed to be self- mitigating by incorporating policies and implementation measures that address and mitigate related environmental impacts, in addition to zoning codes and design standards.

As previously described in Section 1.2, the General Plan EIR address es potentially significant impacts related to aesthetics, agricultural resources, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous waste, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation and traffic, and utilities and service systems. Changes to existing Housing Element policies and new programs are either informative or would result in no physical change to the environment. The programs were modified to comply with state law, combine programs with similar intent to aid in implementation, or eliminate p rograms where the City has already completed the identified task.

New development resulting from these programs would occur on land that was previously considered for development under the General Plan. Furthermore, all future development in the city would be required to comply with local regulations, including the General Plan and zoning code. Consequently, all projects would be subject to development procedures of the City, such as the municipal code, zoning code , and subdivision standards. These local regulations guide future development and would address physical impacts resulting from development. The General Plan EIR anticipated physical impacts associated with the permitted uses in the City’s zoning code and would, therefore, not result in a new impact as part of development. The policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to all development.

All future low -barrier navigation centers and transitional and supportive housing by -right—as described Program HS5.5 Housing for Homeless People —would be required to be evaluated in accordance with the zoning code, as outlined in Chapter 92.00 of the City’s Zoning Regulations. Future by-right development would still be subject to federal, state, and local policies related to land use, such as the Migratory Bird Treaty Act, wetland conservation, and construction air quality permitting. Moreover, the City maintains a thorough building permit review process that wo uld ensure compliance with federal, state, and local regulations , such as dust control, stormwater runoff, and water quality, prior to the issuance of any building permit. The building permit review process is independent of the CEQA process and would be unaffected by the change to by-right zoning.

Additionally, prior to issuance of any building permit, a project applicant would be required to pay development impact fees, which would address potential impacts to public services. The policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR.

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2. CEQA Analysis

The proposed Housing Element establishes targets for the income accessibility of future housing; however, the ability to construct the housing is based on designations in the Land Use Element. The proposed Housing Element also identifies a number of sites that could potentially accommodate the City’s RHNA. None of the policies in the proposed project would change the existing land use pattern, as established by the General Plan and evaluated in the General Plan EIR. Furthermore, the land use changes for sites 15 and 16 would not result in a substantial change, as any potential increase for residentially designated acreage represents 0.07 percent of the total residential land assumed in the General Plan EIR and the increase in re sidential dwelling units represents 0.14 percent of the total residential dwelling units assumed in the General Plan EIR. Further, as stated previously, residential density allowed under the MU designation could be up to 30 du/ac with a planned development district. In this instance, the proposed change to HDR could result in a potential reduction in units on these sites.

Future residential development on sites 15 and 16 will be required to comply with the policies in the General Plan r egarding land use and Zoning Ordinance requirements, allowable uses, and development standards.

Because the General Plan EIR evaluated the existing land use pattern and includes policies and programs to address environmental impacts, the update to the Housing Element would not result in any new environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR.

Furthermore, these increases in residential units would not be considered a substantial change to the General Plan that would require major revisions to the General Plan EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

All future development in Palm Springs would be required to comply with local regulations, including the General Plan, Zoning Ordinance, and subdivision standards. These local regulations guide future development and would address potential physical impacts resulting from development. Moreover, the City’s zoning code contains a list of permitted uses for each respective zoning district. The General Plan EIR evaluated permitted uses and anticipated physical impacts associated with development, and therefore the proposed project would result in no new impact as part of development. Because the proposed project does not change the permitted uses allowed by the Zoning Ordinance beyond changes required by State law, there would be no new impact due to the proposed project. Building regulations are applied as part of the building permit process and are independent of CEQA. For these reasons, the impacts of the proposed project would be no more substantial than analyzed in the General Plan EIR. No new mitigation measures are necessary.

2.2 FINDING
The discussion in this addendum confirms that the proposed project has been evaluated for potential significant impacts pursuant to CEQA. The discussion is meaningfully different than a determination that a project is “exempt” from CEQA review, because the proposed 2021–2029 Housing Element update is not exempt.

Rather, the determination here is that the 2007 General Plan EIR evaluated the physical impacts likely to result from future development.

There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR . Thus, the Item 2A - Page 277
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proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 mandating the preparation of a subsequent EIR, and the appropriate environmental document authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared.

The following identifies the standards in Section 15162 of the CEQA Guidelines as they relate to the proposed project. The text that follows the provisions of the law relates to the proposed 2021–2029 Housing Element.

1. No substantial changes are proposed in the project which would require major revisions of the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The program changes included in the proposed Housing Element are limited to complying with state law, combining programs with similar intent to aid in implementation, or elimination of programs where the City has already completed the identified task. The proposed Housing Element also identifies a number of sites that could potentially accommodate the City’s RHNA. None of the policies in the proposed project would change the existing land use pattern, as established by the General Plan and evaluated in the General Plan EIR. Furthermore, the land use changes for sites 15 and 16 would not result in a substantial chang e as the increase for residentially designated acreage represents 0.07 percent of the total residential land assumed in the General Plan EIR and the increase in residential dwelling units represents 0.14 percent of the total residential dwelling units assumed in the General Plan EIR. Future residential development on sites 15 and 16 will be required to comply with the policies in the General Plan regarding land use and Zoning Ordinance requirements associated with zoning districts, allowable uses, and development standards, as well as mitigation measures identified in the EIR . The proposed project would not result in any physical change to the environment and the land use changes would not result in a substantial change to the General Plan that would require major revisions to the General Plan EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Therefore, the land use changes would not change the conclusions of the EIR and would not require revisions to the General Plan EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects. All development in Palm Springs must be consistent with the General Plan, and if a discretionary action, would also be subject to CEQA.

Modifications to existing policies were made to either streamline development that is already allowed or make the code consistent with state law or implement new programs. As all the sites that these modified programs would affect are currently designated for development in the Land Use Element of the General Plan, there would be no change in the physical impact associated with future development. Therefore , policies and mitigation measures identified in the General Plan EIR to reduce physical environmental effects would continue to apply to future development and would reduce impacts to the same significance level as identified in the General Plan EIR.

2. The project will have one or more significant effects not discussed in the previous EIR.

The proposed Housing Element programs are similar to the existing policies of the General Plan. The proposed 2021–2029 Housing Element includes amended programs and new programs. As stated previously, these amended and new programs would not result in new significant environmental impacts.

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2. CEQA Analysis

The policies and mitigation measures identified in the General Plan EIR would contin ue to apply to all development in the city and would have the same mitigating effect as disclosed in the General Plan EIR.

There is no new information that was not known and could not have been known at the time the General Plan EIR was certified demonstra ting that the project would have one or more significant effects not discussed in the previous EIR. Therefore, no new impacts would occur because of future development.

Because a development project must be consistent with the General Plan, zoning, and dev elopment standards of the City, the resulting impacts would be the same as those disclosed in the certified General Plan EIR.

3. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

The proposed project would have the same significant impacts as those disclosed in the certified General Plan EIR. The policies identified in the General Plan EIR to reduce physical environmental effects would also apply to the proposed project. The proposed Housing Element identifies a number of sites that could potentially accommodate the City’s RHNA . None of the policies in the proposed project would change the existing land use pattern, as established by the General Plan and evaluated in the G eneral Plan EIR.

Furthermore, and the land use changes for sites 15 and 16 would not result in a substantial change as the increase for residentially designated acreage represents 0.07 percent of the total residential land assumed in the General Plan EIR and the increase in residential dwelling units represents 0.11 percent of the total residential dwelling units assumed in the General Plan EIR. Future residential development on sites 15 and 16 will be required to comply with the policies in the General Pla n regarding land use and Zoning Ordinance requirements associated with zoning districts, allowable uses, and development standards , as well as mitigation measures identified in the EIR . The proposed project would not result in any physical change to the environment and the land use changes would not result in a substantial change to the General Plan that would require major revisions to the General Plan EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Therefore, the changes to zoning districts would not change the conclusions of the EIR and would not require revisions to the General Plan EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

Because the proposed project would not result in a substantial change to the General Plan and the new and amended programs would not affect land use patterns in the city or result in physical changes to t he environment, there would be no new or more severe significant impacts associated with the proposed 2021–2029 Housing Element.

4. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the General Plan EIR .

Moreover, the proposed project would not create new impacts or the need for additional mitigation measures. The policies and mitigation measures identified in the General Plan EIR would reduce physical environmental effects associated with future development. These policies in the General Plan EIR would Item 2A - Page 279
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also apply to the 2021–2029 Housing Element. The City is required to adopt a Housing Element, and the element must be reviewed and certified by the Housing and Community Development Department. There is no feasible alternative to adopting a Housing Element. The update to the Housing Element would not result in significant environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR; therefore, there is no need for new mitigation measures and there are no mitigation measures previously determined to be infeasible that could now be implemented.

5. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

The proposed project would have the same significant impacts as the previously certified General Plan EIR, and all associated policies and mitigation measures identified in the General Plan EIR to reduce physical environmental effects would apply to all future development. As stated in the response to Standard 4, there would be no new significant impacts resulting from adoption of the 2021–2029 Housing Element; therefore, there would be no new or updated mitigation measures or alternatives required for the proposed Housing Element.

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ATTACHMENT D
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73-710 Fred Waring Drive, Suite 100, Palm Desert, CA 92260 | lifttorise.org

RE: CITY OF PALM SPRINGS FOR A GENERAL PLAN AMENDMENT TO ADOPT ITS SIXTH CYCLE HOUSING ELEMENT AND APPROVE THE ASSOCIATED EIR ADDENDUM.

Dear Chair Weremiuk, Vice-Chair Roberts, and distinguished commissioners, Lift to Rise would like to express our strong support for the adoption of the City of Palm Springs’s Housing Element Update, and we strongly urge the city to intensify its support for the development of housing affordable to residents earning at or below 80% of Area Median Income.

According to the draft Housing Element, the city has the potential for expanded residential opportunities upon its adoption. The Regional Housing Needs Allocation (RHNA) numbers for this 6th cycle are set at a total of 2,557 units, at all income levels; 953 of which are allocated for extremely low – low income. Currently slated are 192 affordable units under development to address the RHNA for low-income households. Additionally, the Housing Element identifies various sites capable of accommodating an additional 662 affordable units; 100 of which are awaiting rezoning approval. Given this information, an updated 6th Cycle Housing Element update will firmly advance plans for more affordable housing production within the city.

While the city is actively working to boost the production of affordable housing, many of the city’s projects that are planned, approved, entitled, or under construction are designated above moderate-income households. Notably, there are 2,429 planned or approved units allocated for above moderate-income levels, anticipated to be included in the count towards meeting the 6th cycle RHNA numbers. With a total Palm Springs RHNA of 2,557, these units more than satisfy the requirement for above moderate units but create a deficit for lower income affordable housing.

Given the direction from HCD to make revisions in the Housing Element that promote new housing choices and affordability in areas with higher opportunity, we strongly urge the city to intensify its support for the development of extremely low income to low-income housing. This approach aligns with the fact that many residents who meet the requirements for extremely low to low-income housing are often the workers who drive the local economy. In addition to the encouraging implementation actions in the Housing Element including objective design standards, inclusionary zoning ordinances, focus on ADUs, streamlining efforts, digitizing permit processes, and more, Palm Springs has a duty to affirmatively further fair housing by increasing those opportunities.

We applaud the City of Palm Springs that, even without a compliant Housing Element, has consistently prioritized affordable housing through many proposals for prohousing policies and initiatives. We also urge the City of Palm Springs to follow this effort with an application to the California Department of Housing and Community Development’s Prohousing Designation program, which will help the city unlock more resources for and accelerate the production of affordable units.

Moreover, as the city realizes its goals outlined in the housing plan, we encourage Palm Springs to continue to lean on the support of Lift to Rise in these efforts. This next step in the approval process will help accelerate the production of necessary affordable housing in the city. We recognize the city’s efforts to meet the states’ requirements and prioritize the needs of its Item 2A - Page 282

73-710 Fred Waring Drive, Suite 100, Palm Desert, CA 92260 | lifttorise.org

residents by bringing the Housing Element into compliance and offer our continued support throughout the process.

Lift to Rise was formed to transform the systems that generate the supply of affordable housing, recognizing that the combination of low wages and high housing costs are the root causes of financial precarity among Coachella Valley residents.

That is why Lift to Rise and over 60 cross-sector partners, including the City of Palm Springs, have coordinated around a shared goal of reducing the regional housing cost burden at a population level through the production of 10,000 units of affordable housing in the Coachella Valley by 2028.

1. Together, we are operating off a shared Action Plan which spans 5 key strategy areas:

2. Aggregating a pipeline of community-prioritized projects across the valley,

3. Growing a regional Housing Catalyst fund to spur production,

4. Advocating at the local, state, and federal level for policies and regulatory changes that Support housing production in our region,

5. Engaging and mobilizing residents and elected officials in support of affordable housing, and

6. Keeping residents housed through a coordinated eviction prevention strategy.

We stand ready as a collaborative to support the city to increase affordability. We thank the City of Palm Springs for joining us in this work thus far and urge the planning commission to continue to prioritize the production of affordable housing to ensure that all residents are healthy, stable, and thriving and urge you again prioritize affordability with this recommendation.

Thank you for your time.

Lift to Rise

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ATTACHMENT E
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September 19, 2023 Sent via email: [email protected] [email protected]

Mayor Grace Garner and City Council

CITY OF PALM SPRINGS
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262

Subject: 2021-2029 HOUSING ELEMENT UPDATE

Dear Mayor and City Council:

The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the Palm Springs 2021-2029 Housing Element Update at its meeting of September 19, 2023, and recommends approval subject to Allotted Trust Land not being identified as Housing Opportunity Sites . Tribal Council also requests that this recommendation be read and entered into the official record when the Housing Element update is presented to the City Council for final action.

Please contact me should you have any questions at 760-883-1945.

Very truly yours,

Dan Malcolm, AICP
Director of Planning

AGUA CALIENTE BAND

OF CAHUILLA INDIANS

C: Tribal Council
Margaret Park, Chief Planning Officer
Flinn Fagg, Deputy City Manager

Item 2A - Page 285

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

APPROVE CONTRACT SERVICES AGREEMENT WITH MARTHA’S VILLAGE AND

KITCHEN FOR OPERATIONS OF THE PALM SPRINGS ACCESS CENTER LOCATED AT 225 EL CIELO ROAD, AND THE EARLY ENTRY FACILITY AND NAVIGATION CENTER LOCATED AT 3589 MCCARTHY ROAD
RECOMMENDATION:

Approve Contract Services Agreement with Martha’s Village and Kitchen for operations of the Palm Springs Access Center located at 225 El Cielo Road, and the Early Entry Facility and Navigation Center located at 3589 McCarthy Road.

1. Appropriate General Funds in the amount of $5,250,000 per year for four years, beginning in Fiscal Year 2025, for ongoing operations of the Access Center, Early Entry Facility, and Navigation Center.

2. Authorize the City Manager or Designee to execute all necessary documents, including making minor, non-substantive changes, and to sign all documents necessary.

3. Attachments
Item 3A

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: APPROVE CONTRACT SERVICES AGREEMENT WITH MARTHA’S

VILLAGE AND KITCHEN FOR OPERATIONS OF THE PALM SPRINGS ACCESS CENTER LOCATED AT 225 EL CIELO ROAD, AND THE EARLY ENTRY FACILITY AND NAVIGATION CENTER LOCATED AT 3589

MCCARTHY ROAD

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development Department

SUMMARY:

The Council previously approved a contract services agreement with Martha’s Village and Kitchen (Contractor) on January 29, 2021 for the operations of the Palm Springs Navigation Center. Given the changes in the facility design and operations, an updated contract services agreement (Agreement, Attachment A ) has been prepared for City Council review and approval. The Agreement incorporates off-site intake operations at the Access Center, overnight sleeping accommodations for qualified patrons at the Early Entry Facility, and the transitional housing and services originally contemplated for the Navigation Center.

RECOMMENDATION:

1. Approve Contract Services Agreement with Martha’s Village and Kitchen for operations of the Palm Springs Access Center located at 225 El Cielo Road, and the Early Entry Facility and Navigation Center located at 3589 McCarthy Road.

2. Appropriate General Funds in the amount of $5,250,000 per year for four years, beginning in Fiscal Year 2025, for ongoing operations of the Access Center, Early Entry Facility, and Navigation Center.

3. Authorize the City Manager or Designee to execute all necessary documents, including making minor, non- substantive changes, and to sign all documents necessary.

BUSINESS PRINCIPAL DISCLOSURE:

See Attachment B.

Item 3A - Page 1
Staff Report
September 26, 2023 -- Page 2
Navigation Center Agreement

BACKGROUND:

On January 27 , 2022, the City Council approved a contract services agreement with Martha’s Village and Kitchen to operate the Navigation Center located at 3589 McCarthy Road.

On June 29, 2023, the City Council approved design and budget changes to the Navigation Center to utilize Building 8 as an Early Entry Facility where approximately 50 beds will be available as an overnight facility. This change resulted in cost savings of $2,774,000 for Building 8 by eliminating office space for daytime services and program administration. These office spaces were relocated to Building 24 and Building C.

STAFF ANALYSIS:

The Palm Springs Navigation Center and Early Entry Facility, located at 3589 McCarthy Road (Image 1), is currently under construction.

Image 1, Navigation Center and Early Entry Facility Location

Item 3A - Page 2
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September 26, 2023 -- Page 3
Navigation Center Agreement

The Navigation Center and Early Entry Facility site on McCarthy Road has three buildings as shown in site plan below.

Image 2
Navigation Center and Early Entry Facility Site Plan

Due to cost overruns, t he Navigation Center was redesigned. While the location of the buildings will remain the same, they will be used for different purposes. Specifically, Building 8 was changed to be utilized as an Early Entry Facility which will house individuals who are waiting to be placed in the independent living modular units.

This change, however, also necessitated additional services for the Early Entry Facility and Access Center as part of the Navigation Center operations, with the Access Center serving as the intake facility for the Navigation Center and Early Entry Facility. These changes are incorporated in the Agreement. The Palm Springs Access Center is located at 225 El Cielo Road as shown in Image 3 on the following page. Together, these facilities (Navigation Center, Early Entry Facility, and Access Center) make up the Navigation Center Facilities.

Item 3A - Page 3
BuildingC
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September 26, 2023 -- Page 4
Navigation Center Agreement

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Access Center Location

As proposed in the Agreement, Martha’s Village and Kitchen will operate the Navigation Center Facilities as follows:

Early Entry Facility - Building 8 will serve as the Early Entry Facility where 50 beds will be available as an overnight facility between the hours of 4:00pm and 7:30am. Clients will be transported to and from the Access Center to the Early Entry Facility seven days a week. Transportation from the Access Center to the Early Entry Facility will occur at approximately 4:00pm every day. Transportation from the Early Entry Facility to the Access Center will occur at approximately 7:00am every day. Five (5) beds at the Early Entry Facility are to be reserved for referrals from the Palm Springs Police Department.

Breakfast and dinner will be provided for the clients. For the period that the Navigation Center Kitchen is not open (estimated to be before July 2024), breakfast and dinner may be catered or delivered. After the Navigation Center Kitchen is open breakfast and dinner may be prepared in the Navigation Center Kitchen or if necessary, may be catered or delivered.

Item 3A - Page 4
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September 26, 2023 -- Page 5
Navigation Center Agreement

Navigation Center - The Navigation Center functions will operate in Building 24, the 80 modular residential units, and office space in Building C. The residential units will include kitchenettes and bathroom facilities. Five of the units are for families and 10 units are for transitional age youth. The Navigation Center also includes a children’s play area; general parking; green space; and hardscape and landscape. Recuperative care services will be provided in the modular residential units as needed. Building 24 includes the commercial kitchen, dining/ multi -purpose room, and administrative offices. Existing office space in Building C will used to replace some of the office space, case management, employment services, and flex space.

Access Center - The Access Center will serve as a Daytime Drop -in Center with associated activities for homeless individuals and those at risk of homelessness and will offer access to community service providers through appointments made at the Access Center. Life skills workshops/classes will be offered, individuals will have access to employment services and the onsite computer lab and study area. A primary function of the Access Center is to serve as the point -of-entry (Intake) for those individuals and families seeking admission to the Early Entry Facility.

As the Navigation Center and Early Entry Facility are not yet constructed, services under the Agreement will be phased in as follows:

Table 1
Navigation Center Facility Phases

Services Budget FTE
Phase 1
October 1, 2023 -
December 31,
2023

Access Center

Daytime Drop-in Center, access to community service
providers, life skills workshops/classes will be offered, individuals will have access to employment services and the onsite computer lab and study area. A primary function of the Access Center is to serve as the point-of-entry (Intake) for those individuals and families seeking admission to the Early Entry Facility.

629,970

24.1 Phase 2
January 1, 2024 -
June 30, 2024
Access Center

(described above)

Early Entry Facility

Overnight sleeping facility, beds for a maximum of 50
clients. Five (5) beds to be reserved for referrals from the Palm Springs Police Department, breakfast and dinner will be provided for the clients.

1,790,600

60.9 Item 3A - Page 5
Staff Report
September 26, 2023 -- Page 6
Navigation Center Agreement

Services Budget FTE
Phase 3
July 1, 2024 - June
30, 2027
Access Center
(described above)

Early Entry Facility
(described above)

Navigation Center

80 transitional housing units up to a maximum of six-
months, commercial kitchen operations, counseling
services, job training, case management support, and
general administrative office functions. A primary function of the Navigation Center is to connect individuals to and navigate them through housing resources to obtain
permanent housing.

4,904,400
(annually)

60.9 Phase 1 and Phase 2 are partial operations of the Navigation Center Facilities. The budget and staffing (FTEs) for Phase 1 and Phase 2 gradually increase over the next nine months, until the Navigation Center and Early Entry Facility can be occupied. It is during this time that Martha’s Village and Kitchen anticipates hiring and training staff.

Phase 3 represents the total operations of the Navigation Center Facilities. After the Navigation Center (and 80 modular residential units) are constructed, residents may begin moving in and services may commence.

ENVIRONMENTAL IMPACT:

The requested City Council action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend a lease of a City -owned property and is exempt from CEQA pursuant to Section 15378(b), in that a “Project” does not include: (5) Organizational or administrative activities of governments t hat will not result in direct or indirect physical changes in the environment.

FISCAL IMPACT
:

The City currently has the following grant funds available for Navigation Center operating expenses:

Homeless Housing and
Assistance Program (HHAP) $5,300,000
HomeKey 3,024,000
Total $8,324,000
Item 3A - Page 6
Staff Report
September 26, 2023 -- Page 7
Navigation Center Agreement

If approved, operating expenses for the remainder of Fiscal Year 2024 (October 1, 2023 – June 30, 2024) will be approximately $2,420,570 (i.e., Operating expenses for Phase 1 and Phase 2 combined). This will leave a grant fund balance of $5,903,430, which is sufficient to cover operating expenses for Fiscal Year 2025 and two- and one-half months of operating costs for Fiscal Year 2026 (approximat ely $999,030). Future General funds would have to cover approximately $3,905,370 for the remainder of Fiscal Year 2026, and $4,904,400 for Fiscal Year 2027.

It should be noted however, that Congressman Calvert has announced he has secured federal funding in the amount of $2,005,961 for the Palm Springs Navigation Center. The formal award of these funds is pending. In addition, Martha’s Village and Kitchen anticipates generating revenue through California Advancing and Innovating Med- Cal (CalAIM, which integrates the State’s Medi -Cal program with other social services) , Recuperative Care, and Fundraising. Without having operating history for these programs at the Navigation Center they are unable to determine how much additional revenue will be available for Navigation Center operations. According to the terms of the Agreement , Martha’s Village and Kitchen will hold annual budget meetings to review revenue generated by Martha’s Village and Kitchen at the Navigation Center to be used for Navigation Center Operations.

REVIEWED BY:

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

ATTACHMENTS:

A. Contract Services Agreement
B. Business Principal Disclosure

Item 3A - Page 7

ATTACHMENT A
Item 3A - Page 8
1 CONTRACT SERVICES AGREEMENT
Martha’s Village and Kitchen

THIS AGREEMENT FOR CONTRACT SERVICES (“Agreement”) is made and entered into on , 2023, (“Contract Date”) by and between the City of Palm Springs, a California charter city and municipal corporation (“City”), and Martha’s Village and Kitchen, a 501 (c) 3 non-profit corporation, (“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 navigation center operator, and wrap-around services, for individuals who are homeless (“Project”).

B. Contractor has submitted to City a proposal to provide navigation center operations, and wrap -around services, for individuals who are homeless, to City 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 and expenses. Contractor warrants that the Services shall be performed in a competent, professional, and satisfactory manner consistent with the level of care and skill ordinarily exercised by companies providing navigation center operations and wrap-around services for individuals who are homeless or at risk of becoming homeless currently practicing in Riverside County . 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.

Item 3A - Page 9
2 1.3 Licenses and Permits . Contractor shall obtain at its sole cost and e xpense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement. City shall assist Contractor in obtaining any such licenses, permits and approvals as may be required by the City.

1.4 Familiarity with Work. By executing this Agreement, Contractor warrants 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 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.

3. COMPENSATION OF CONTRACTOR

3.1 Compensation of Contractor . Contractor shall be compensated and reimbursed for the Services in accordance with the schedule of fees and expenses set forth in Exhibit “A” not otherwise covered by program income, revenue, grants, or fund-raising proceeds received by Contractor. Beginning in year three of the agreement, Contractor may request a budget increase in writing to the City ninety days before the end of the funding cycle. The basis rate for increase in the budget used in the Contractor’s request will be the Consumer Price Index for Riverside County.

3.2 Method of Payment. Contractor shall submit to City an invoice for Services rendered in any given calendar month, in the form approved by City’s finance director by no later than the 17th day of the following month. Payments shall be based on the hourly rates set forth in Exhibit “A” for Services performed. City shall pay Contractor for all fees and expenses stated that are 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 and, other than to the extent required by law, agreed upon by the Contractor , the 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:

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 line of business.

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. Contractor will not be required to render any Services for any fiscal year for which funds have not yet been appropriated Item 3A - Page 10
3 by the City Council of the City for such Services.

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 (as such term is defined in Section 5.2).

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 ability to perform and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site, including without limitation fire, flood, or full or partial destruction of or inability to access the build ings or property ; (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 that are required for the Work); and (4) pandemics, epidemics or quarantine restrictions. Provides that upon cessation of such events, Contractor shall thereupon promptly resume performance of its obligations under the Agreement. 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. The Contractor will not receive an adjustme nt 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 four years, with two, two-year (2-year) options to extend, commencing on October 1, 2023, and ending on September 30, 2027, unless extended by mutual written agreement of the Parties. The Parties shall mutually approve in writing the exercise of an option by either Party.

4.5 Termination Prior to Expiration of Term.

A. If either Party has reason to believe the other Party has materially breached any provision of this Agreement, the Party asserting such a breach shall send the other Party a written description of the asserted breach (“Breach Description”). In addition, the Party asserting the breach may provide, at a time no earlier than the delivery of the Breach Description, written notice of its intent to terminate this Agreement, pursuant to this Section 4.5, sixty (60) days after said written notice is delivered to the other Party, unless (i) the breach is cured prior to the expiration of the sixty (60) day period; or (ii) the non -terminating Party provides written notice of filing a Item 3A - Page 11
4 legal action against the other Party.

B. Either Party may terminate this Agreement without cause, upon one hundred eighty (180) days written notice to the other P arty. In addition to the 180 -day written notice period, Contractor will provide , if necessary, up to ninety (90) days of consultation, orientation, and transition assistance for the new Navigation Center operator after City’s execution of an agreement with the new Navigation Center operator , with City reimbursing Contractor for all costs and expenses incurred during the period for providing such services to the new Navigation Center operator.

C. 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.

5. COORDINATION OF WORK

5.1 Representative of Contractor. The following are designated as being the representatives of Contractor authorized to act and make all decisions in its behalf with respect to the specified Services: Executive Staff and consultants of Martha’s Village and Kitchen . It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing representatives is a substantial inducement for City to enter into this Agreement.

Therefore, the foregoing representatives shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to supervise the Services under this Agreement.

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 Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Contractor, its representatives and employees, were a substantial inducement for City to enter into this Agreement. Should the Contractor intend to issue a memorandum of understanding with any other entity or individual or use a subcontractor to perform any Services required under this agreement, the Contractor will use its expertise and due diligence in making the selection. The Contractor will issue a letter of Intent to enter into an MOU or use a subcontractor to the City Contract Manager. Neither this 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 provision 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.

Item 3A - Page 12
5 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 it s 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 of Services 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 utilize the job categories listed in the Scope of Services, Schedule of Fees and Positions, to perform the services in this Agreement. Contractor shall not alter the assignment of the job categories without prior written notice to the Contract Officer.

Acting through the City Manager, the City may request the removal or replacement of any personnel assigned by Contractor by providing written notice to Contractor. The removal or replacement of any personnel assigned by Contractor is at the sole discretion of Contractor.

5.6 Background Check: All of Contractor’s employees, including volunteers and subcontractors’ employees who provide direct services to clients, will require a Live Scan fingerprint background check to be arranged for by Contractor at Contractor’s sole expense.

Contractor shall maintain all Live Scan records in a secure and confidential site at all times, and verification of status shall be included in reports provided to City and made available to the City immediately upon request as permitted by law.

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 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (Contractor’s employees included), for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance or in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct committed by Contractor, its officers, employees, representatives, and agents, that Item 3A - Page 13
6 arise out of or relate to Contractor’s performance of Services or this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the Indemnified Parties. Contractor’s indemnification obligation or other liability under this Agreement. Contractor’s indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final.

7.2 Limitation of Liability . No Liability for Consequential or Indirect Damages.

Except as otherwise explicitly provided for in this Agreement, in no event shall either Party be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, lost pr ofits or revenue, or diminution in value, arising out of or relating to any breach of this Agreement (collectively, “Damages”), regardless of i) whether such Damages were foreseeable; ii) whether or not the other Party was advised of the possibility of such Damages; and iii) the legal or equitable theory (contract, tort, or otherwise), upon which the claim is based, and notwithstanding the failure of the essential purpose of any agreed or other remedy.

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 such other reports reasonably compliable by Contractor as the Contract Officer shall require. All such reports shall be submitted by Contractor by the 17th of the following month with Contractor’s billing invoice.

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 at Contractor’s offices, 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 , except for and excluding such documents containing the trade secrets, proprietary, or conf idential information of Contractor . Contractor shall deliver all above - referenced documents, except excluded 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.

8.5 Audit and Inspection of Records . After receipt of reasonable notice and during Item 3A - Page 14
7 the regular business hours of City, Contractor shall provide City, or other agents of City, such access at Contractor’s office(s) 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.

8.6 Budget. Prior to commencement of the Agreement, and prior to each fiscal year of operations thereafter, Contractor shall prepare and submit to the Contract Officer an annual budget, including program income, revenue, grants, fund -raising goals, and expenses for the upcoming fiscal year.

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 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. Accordingly, any rule of construction of contracts (including, without limitation, California 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 remed y of a non - defaulting 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 di fferent 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 an y default, to recover damages for Item 3A - Page 15
8 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.

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 t o 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 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
Item 3A - Page 16
9 To Contractor: Martha’s Village & Kitchen, Inc., TO CONTRCTTOR Attention: Chief Executive Officer
83791 Date Ave
Indio, CA 92201-4737

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 thi s 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 th at 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.

[SIGNATURES ON NEXT PAGE]
Item 3A - Page 17
10 SIGNATURE PAGE TO CONTRACT SERVICES AGREEMENT

BY AND BETWEEN THE CITY OF PALM SPRINGS AND
MARTHA’S VILLAGE AND KITCHEN

below.

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

“CITY”
City of Palm Springs

Date: By:

Scott C. Stiles
City Manager

APPROVED AS TO FORM: ATTEST

By: By:

Jeffrey S. Ballinger, Brenda Pree, MMC, CERA
City Attorney City Clerk

Corporations require two notarized signatures. One signature must be from Chairman of Board, President, or any Vice President. The second signature must be from the Secretary, Assistant Secretary, Treasurer, Assistant Treasurer, or Chief Financial Officer.

MARTHA’S VILLAGE AND KITCHEN, INC.

A California Non-Profit Corporation
83791 Date Ave
Indio, CA 92201-4737

By By
Signature (Notarized) Signature (Notarized)
Item 3A - Page 18
11 Item 3A - Page 19
CALIFORNIA ALL-PURPOSE ACKIIOWLEOOMENT CIVIL CODE§ 1100 •• .. •••••••«11'11' ,t,1',A <• a, a, a,oea:ao .. ••••••••«11'1,¢ «:etAA <• a, a, aeoea0oratatal#er A notary public ot other office' ~rg this ceniic:tte \'erifiee CIVJ the identity of the i"ldiviclnl 'M'IO s9'\8(1 the document to which thia c81'tiflC8t8 is attached , and not the truthfulness. IIOCU'8Cy, « validity of that documant state of Caffomia
Counlyof _________ _
On _________ befo,eme , ___________________ _
Dal• Hete lnsett NtJme and Titfe of the Officet'
personally appeared __________________________ _
Nam.(•} of~}
who proved to me on the basis of satisfactory evidence to be the peraon(s) whose name(s) is/are aubocribed to the within ilatrument ond ocknowledged to me tha.t hefahelthey executed the oome in hiolh«ltheir euthoriz.cl capocity('• ). and thot by hi:olherltheir oignature(o) on the incbumtnl the peroon(o). or the entity upon behatf of which the person(s) acted. executed the inetrument.

Place Notary Seal Above
I certify under PENALTY OF PERJURY under the lawa
of the State o f California tha.t the f0<egoiog p&l'QQl'llph io true ond correct.

WITNESS my hand and offic ial seal.

Signature _____________ _
Signatut'e of Notruy Public
-------------- OP'TJONAJ.--------------
ThOUQh W. :.otion I• oPtlonal. oomp,.tJno thi:J lnfonnatlon con <Jet.,. olt.ratlon of ttt. dooumMt or ftau clllent t N.ttachmenl of thi:J lor'm to an unintended doctNnent.

Description of Attached Document
Trtte 0t Type of Document ___________ Document Date: ______ _ Nl.fflber of Pageo : ___ Signer(ia) Other Thon Nam«I Above: ___________ _ Copacity{ies) Claimed by Signer(a}
Signer's Name:~-~-------- °"'1>0m• Officer - Tille(a): ____ _ Signer's Name:~-~-------- °"'1>0m• Officer - TiUe(a): _____ _  Partn...--  Limited  Oenerol  Partn...--  Limited  Oenerol  Individual  Attorney in Fact  Individual  Attorney in Fact  Trustee  Guardian or Conservato r Trustee Guardian or Conservato r Othe r. ___________ _ Othl'- ___________ _ $;gnor lo Ropreoent;ng: _______ _ Signer la Repreoentklg: _______ _ .c:o.o.-.:..e..e..e.. C C C c; JC.JC(CC(CC((C( 0( cc o.o.-.:..e..e..e.. C C C .C.JCCCC<CC<IC4 ct CC O.o.-.:..( C2014 Notion• Nola,y Aooociotion • www.NotionalNola,Y.0<1j • 1-800-US NOTARY ~-800-878-8827) Hem t5907 12 EXHIBIT “A”

CONTRACTOR’S

SCOPE OF SERVICES/WORK

Including,
Schedule of Fees and Positions
And
Schedule of Performance
CONTRACTOR’S

SCOPE OF SERVICES/WORK

Scope of Services for Access Center, Early Entry Facility, and Navigation Center

Contractor is entering into an agreement with the City of Palm Springs to provide services for homeless individuals at 3589 McCarthy Road, where Navigation Center and Early Entry Facility are located, and 225 El Cielo Road where the Access Center is located.

The services, as described below, will be implemented in three phases at specific periods of time in conjunction with the completion of construction of the Early Entry Facility and Navigation Center.

Phase I - Access Center Operations

Between October 1, 2023, and December 31, 2023 – The Access Center will be the only operating facility with associated staffing and costs shown below. During this time the Early Entry Facility and Navigation Center will still be under construction and will not be available for use.

The Access Center will serve as a Daytime Drop -in C enter with associated activities for homeless individuals and those at risk of homelessness , and will offer access to community service providers through appointments made at the A ccess Center. In addition. Life skills workshops/classes will be offered, in dividuals will have access to employment services and Item 3A - Page 20
13 the onsite computer lab and study area . A primary function of the Access Center is to serve as the point-of-entry (Intake) for those individuals and families seeking admission to the Early Entry Facility.

Programs and Services

1. Programs and services provided in connection with the Access Center will be focused on services for unsheltered homeless individuals.

2. Programs and services will be conducted in a manner that presents low barrier to access.

3. No individual shall be discriminated against or denied access to services based on actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation.

4. Programs and Services to include:

• Assist individuals to obtain permanent housing, supportive housing, shelter, or program placement. This includes intake and assessment for the Coordinated Entry System (CES) and Homeless Management Information System (HMIS) while providing linkages to service providers within the Riverside County Continuum of Care. • Assist individuals with securing health, disability, social security and other state and county benefits.
• Computer skills, internet searches for employment, completing on-line employment applications, and interview techniques. Access to a computer lab and phones. • Employment assessment - Determine an individual’s strengths and weaknesses • Basic First Aid – some employers require basic first aid cards • Food Handlers Certificate – Required for food handler jobs • Case management to clients based on their individual needs and desires • Snacks, juice, coffee, soda and water
• Provide vouchers for use of laundry facilities and transportation assistance. • Information and referral services
• Work with partners to provide periodic on-site medical services or referrals to outside agencies with staff support.
• Coordinate access to voluntary behavioral health services . • Coordinate access to other support services like cash and non-cash benefits. • Family reunification program
• Legal aid services
• Veterans services or referrals to outside Veterans agencies with staff support • Assistance with food stamps, birth certificates, and identification cards • Notary service

Item 3A - Page 21
14 5. The Contractor shall also work with City staff from the Police, Facilities, and Community and Economic Development departments to amicabl y resolve complaints related to the operations at the Access Center.

Staffing for Phase I Access Center between October 1, 2023, and December 31, 2023, will include a total of 24.1 FTEs. A detailed Phase I budget and list of FTEs is provided in the Schedule of Fees and Positions below.

Item 3A - Page 22
15 Phase II – Access Center and Early Entry Facility Operations

Between January 1, 2024, and June 30, 2024 – The Access Center and Early Entry Facility will be the only facilities operating with associated staffing and costs shown below. During the time it is anticipated the Early Entry Facility will be available for use. The Navigation Center will not be available for use.

Services for the Access Center services are described above in Phase I.

Early Entry Facility will serve as a n overnight sleeping facility between the hours of 4:00pm and 7:30am. Contractor will transport clients to and from the Access Center to the Early Entry Facility seven days a week. Transportation from the Access Center to the Early Entry Facility will occur at approximately 4:00pm every day. Transportation from the Early Entry Facility to the Access Center will occur at approximately 7:00am every day.

The Early Entry Facility will provide beds for a maximum of 50 clients. Five (5) beds at the Early Entry Facility are to be reserved for referrals from the Palm Springs Police Department.

Breakfast and dinner will be provided for the clients. For the time period that the Navigation Center Kitchen is not open (estimated to be before July 2024), breakfast and dinner may be catered or delivered. After the Navigation Center Kitchen is open breakfast and dinner may be prepared in the Navigation Center Kitchen or if necessary, may be catered or delivered.

Staffing for Phase II Access Center and Early Entry Facility for January 1, 2024, to June 30, 2024, will include a total of 60.9 FTEs. A detailed Phase II budget and list of FTEs is provided in the Schedule of Fees and Positions below.

Item 3A - Page 23
16 Phase III – Access Center, Early Entry Facility, and Navigation Center Operations

From July 1, 2024, to June 30, 2027 - The Access Center, Early Entry Facility, and Navigation Center will all be operating with associated staffing and costs shown below.

During this time the Access Center, Early Entry Facility and Navigation Center will be in operation.

Services for the Access Center and Early Entry Facility are described above in Phase I and Phase II, respectively. The Early Entry Facility will provide beds for a maximum of 50 clients. Five (5) beds at the Early Entry Facility are to be reserved for referrals from the Palm Springs Police Department.

The Navigation Center will provide transitional housing for homeless individuals, commercial kitchen operations, counseling services, job training, case management support, and general administrative office functions. A primary function of the Navigation Center is to connect individuals to and navigate them through housing resources to obtain permanent housing.

The Navigation Center will provide 80 temporary units to house individuals up to a maximum of six-months. Stays longer than six-months may be approved by the City.

Staffing for Phase III Navigation Center , Early Entry Facility, and Access Center for July 1, 2024, to June 30, 2027 , will include a total of 60.9 FTEs. A detailed Phase III budget and list of FTEs is provided in the Schedule of Fees and Positions below.

Item 3A - Page 24
17 ACCESS CENTER, EARLY ENTRY FACILITY, AND NAVIGATION CENTER

RULES AND REQUIREMENTS

Cause No Disturbance. The Contractor shall reasonably monitor outdoor parking areas on the property, adjacent walkways, and immediately adjacent properties and shall take all necessary measures to ensure that customers do not unreasonably loiter, create noise, litter, or cause any disturbances while on-site. Provided however, if Contractor is unable to alleviate persistent disturbances, Contractor shall provide City with written notice of such disturbances, and upon receipt of such written notice, City shall be responsible for alleviating or correcting such disturbances. The Contractor or subcontractors shall ensure that the property is clean and secure.

Grounds for Revocation. Non-compliance that is uncorrected after notice from City with any of these rules or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc.) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to terminate the Agreement. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or termination of this Agreement.

Comply with City Noise Ordinance . The Contractor shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Repeated Violations may result in revocation of this Agreement.

Kitchen Operations. The Contractor will provide meals in accordance with the USDA to the homeless. The Contractor will operate and manage a commercial kitchen and dining room. The Contractor will leverage its culinary arts training program in other facilities as a model for the Navigation Center campus. The Contractor is expected to have one (1) fully trained staff person per shift with the F ood Handlers Certification to assist with the operations of the Commercial Kitchen.

Navigation Center Operations. 1. Contractor will comply and confirm that all new intakes from Palm Springs will have clearance of: (confirmed by law enforcement from Palm Springs) a. No active felony warrants b. Not a registered sex offender c. Not a registered arsonist 2. Contractor is responsible to provide transportation services on and off the property to assist with the clients housing plan through a ride share program. Additional transportation provided via shuttle to essential stores located with in the City of Palm Springs. Case management services shall be provided, and pets are to be accepted. 3.

Contractor shall adhere to outcomes to support the Riverside County Continuum of Care (CoC), Homeless Management Information System (HMIS), Coordinated Entry System (CES) to move towards a higher level of system performance, reduction in the number of persons experiencing homelessness in our community and increase i n the access to regional housing opportunities. The Contractor will distribute health and hygiene supplies to all residents and will provide evening and morning meals and snacks, laundry services, etc.

Item 3A - Page 25
18 Security/Emergency Intake. The Contractor will utilize security staff with the ability to do emergency intakes, if required, Monday-Sunday, 365 days, 24 hours.

Loitering. Non-resident Patrons of the facility shall not be permitted to loiter on the subject site or on adjacent parcels. On-site security staff shall be responsible for monitoring and reporting incidents of loitering.

Lighting. City to provide adequate lighting at all entrances and maintain any lighting that is more than 10 feet above ground. Contractor to maintain any lighting that is ten or less feet above the ground and ensure building entrances remain illuminated between sunset and sunrise.

24-Hour Contact Number. The Contractor shall be required to maintain a 24-hour contact number visible and available to the public to report any disturbances or issues related to the facility.

Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section

93.20.00. City shall assist Contractor in obtaining any such approvals and permits as may be required by the City

Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted. City to install silent alarm with remote 24-hour monitoring.

Video Cameras: City to install video cameras with remote 24-hour monitoring ability.

Outside Storage. Storage may be permitted as approved as a part of the proposed plan.

All clients will have access to personal storage space. Each client bed will have a small storage locker for personal valuables. A limited number of indoor or outdoor storage bins will be available to clients throu gh a reservation process. Additionally, a refrigerated storage area will be available to clients with medication needs, with the assistance of shelter staff. Both Early Access and Navigation Center clients will be required to surrender contraband to the Navigation Center staff or they will be denied program entry.

No off-site Parking. Vehicles associated with the operation of the Navigation Center including company vehicles or employee’s vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved.

Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by patrons and employees. Location and design shall be approved by the Director of Development Services

Outdoor Use. Any facilities (such as seating, misting systems, or shade structures) outside of the tenant spaces must be designed to minimize noise, visual blight and other nuisances to the surrounding area.

Addition of Building Space. Any addition of building space not currently described in the Agreement shall require an amendment to the Agreement

Security Plan. A security plan, reviewed and approved by the Police Department, shall be Item 3A - Page 26
19 required to establish security protocol for the subject property. The security plan shall address site lighting, security cameras, and any other security features deemed necessary by the Police Department. The security plan may be modified by the Police Department at any point in the future based on any identified security concerns.

On-site Security. On-site security shall conform to the minimum requirements identified in PSMC Section 5.52. On-site security personnel shall be required to wear uniforms in accordance with PSMC Section 5.52.100, or as may otherwise be approved by the Police Department. The applicant shall provide the names of all on-site security personnel to the Police Department and shall notify the Police Department within forty-eight (48) hours of any changes to the list of security personnel. To remain consistent with the good neighbor policy, MV&K staff will conduct patrols within a ½-mile radius of the 3589 McCarthy RD. location.

CONTRACTOR RESPONSIBILITIES.

Facility Management

1. Ensure that facility is open and adequately staffed during hours of operation.

2. Maintain and manage use of equipment needed to satisfy the health, hygiene, and immediate needs of clients, including beds, showers, restrooms, laundry, water, snacks, and packaged food as needed.

3. Maintain and manage access to short -term storage for client belongings. Contractor shall not provide outdoor storage for client belongings.

4. Responsibly maintain cleanliness of facility.

5. Report all safety issues and maintenance issues immediately to City.

6. Ensure that property signage is posted on site as required by City, Riverside County, or other relevant entities.

7. Program Operator will provide supplies for, and maintain, bathroom and shower cleanliness during operating hours.

8. Acknowledge that premises, equipment, appliances, and fixtures are turned over in good working order.

9. Clean and repair any plumbing fixture where a stoppage has occurred; replace any garbage disposal where necessary due to bones, grease, pits, or other items that normally cause blockage of the grinding mechanism.

10. Notify City and get approval prior to replacement or addition of any light fixtures, electrical or gas appliances, electrical panels, water, sewer, or electrical connections (other than those electric al connections made via plug -ins), evaporative coolers, air conditioners, space heaters or building or equipment controls.

11. Dispose of all hazardous materials in accordance with all local, state, and federal rules and regulations.

12. Perform cleaning, adjustin g, minor repairs, and maintenance including: replacement of light bulbs and normal cleaning, painting, and repair of windows, floors, plumbing fixtures, walkways, parking areas, irrigation systems, landscaped and recreational areas, kitchen equipment and appliances, and interior walls.

13. Store all equipment, furnishings, and personal belongings in accordance with Fire Marshall and OSHA requirements and governing building, safety, and fire codes.

Item 3A - Page 27
20 14. Perform annual testing of battery -operated smoke and carbon mono xide detectors, and replace batteries and detectors as needed.

15. Replace organic or inert landscaping material when necessary.

16. Provide routine pest control treatments through engagement of a certified pest control firm and applicator. Remediate damage and infestation as needed.

Administration

1. Provide staff to support and facilitate all operations.

2. All the Contractor and Subcontractor employees who are assigned to the Project shall be subject to the management and direction of the Contractor, and not the City. The Contractor will be responsible for all employer obligations toward the employees (such as compensation, benefits and workers compensation coverage) and for compliance with all applicable labor laws. Contractor is an independent contractor; the City shall have no obligations as an employer to Contractor or Subcontractor employees.

3. Case managers and employment specialists will utilize laptop computers with secure internet connections to record data on site, including:
• Intake meetings with each homeless individual and family to establish a customized path for their specific needs. Utilization of community-wide Coordinated Entry System (CES), HOMECONNECT, to identify and prioritize homeless individuals. If client opts not to participate in establishing the customized path for their specific needs, Contractor shall make subsequent attempts to have client participate in establishing the customized path for their specific needs if or when client visits the Navigation Center again.
• Collecting and analyzing statistical records, including clients’ intake data, program participation, client records, and demographic profiles. If client opts not to participate in providing such intake data, Contractor shall make subsequent attempts to collect such client intake data. • Data collection and data entry into the agency’s C-Star database and HMIS.

Utilization of Logic Model, Contractor’s foundation of measurement and tracking the impact of analysis. If client opts not to participate in providing such data, Contractor shall make subsequent attempts to collect such client data if or when client visits the Navigation Center again. • Preparation and presentation of regular reports that includes information regarding: progress toward stated outcomes, evaluation of data and programs; analysis of success and barriers; integration of Housing First best practices; analysis of successes and barriers, and review of trends in services and/or population served.

4. Ensure that records are properly kept and documents containing confidential and/or personal-identifying information are stored securely.
• Provide and document Intakes, Screening and Assessments using County of Riverside Coordinated Entry and HMIS system(s) when available. Intake data to include Vulnerability Index - Service Prioritization Decision Assistance Tool (VI-SPDAT), client demographics, and frequency of visits on a daily, monthly, and annual basis. If HMIS system is not available, Contractor to record intake data using an alternative system on a temporary Item 3A - Page 28
21 basis and add into HMIS system when available.
• Provide digital data files to City in format consistent and compatible with the State of California Business, Consumer Services, and Housing Agency reporting requirements.

5. Provide regular performance and progress reports to City. Daily log shall be kept of available beds, beds reserved, and beds being occupied and shall be provided to City staff and Palm Springs Police Department upon request.

6. Contractor will designate a lead staff person to serve as the Navigation Center Manager with Management Team support. A Management Team member will be available on call by cell phone when not on site.

7. Identify partners and enter into agreements as needed with entities delivering services in connection with this scope of work. Including but not limited to the services agreement, memorandums of understanding with other partners yet to be determined, and grant funding agreements with other entities. Negotiate and administer subcontracts related to this scope of work. This will include performance monitoring and reporting as specified by those agreements.

8. Set standards and monitor performance in service delivery, program operations, budget management, and outcomes.

Programs and Services

1. Operate Transitional Housing Program

2. Programs and services provided in connection with the facility will be primarily focused on unsheltered homeless individuals.

3. Programs and services will be conducted in a manner that presents low barrier to access.

4. No individual shall be discriminated against or denied access to services based on actual or perceived race, color, religion, ancestry, national origin, disability, medical condition, marital status, domestic par tner status, sex, gender, gender identity, gender expression, or sexual orientation.

5. Programs and Services to include:
• Case Management: Provide full assessment for what services each client needs. Perform VI-SPADT for all clients. Individualized client selected case plans and assistance with case plans, counseling, transportation, assessments, assistance with mainstream benefits, support, information, referrals, and follow up services to ensure stability in housing. Martha's will follow up with clients up to 6 months after exiting. Additionally, the Case Manager is to provide resources and support to the client during their stay, including encouragement to access any and all services provided at the shelter. Together, the case manager and the client will complete a Housing Plan, which will guide their efforts toward securing permanent housing opportunities. Meeting weekly, the Case Manager will document the client’s progress towards actions outlined in the Housing Plan. • Housing Stabilization: Assist individuals in obtaining permanent housing, supportive housing, shelter, or program placement. This includes intake and assessment for the Coordinated Entry System and Continuum of Homeless Item 3A - Page 29
22 Management Information System, and other housing resources like housing document assistance, housing location services, or affordable housing waitlists.
• Behavioral Health Services in partnership with subcontracted services:

Crisis intervention, psychiatric assessments, recovery management, medication services, case management, and dual- diagnosis treatment. • Physical Health Services in partnership with subcontracted services:

Comprehensive medical and dental care, including primary care, pediatrics, psychology, STI & HIV testing, family practice, behavioral health, women’s health, family planning, psychiatry, veteran’s health, and COVID-19 testing. • Benefits and Essential documentation: Assess clients for eligibility for benefits and support in obtaining MediCal/CalAIM, CalFresh, Social Security eligibility, and other federal, state, and county programs; assist individuals in acquiring documentation needed to obtain mainstream benefits • Education and Employment Services: Job preparation, adult education, career development, and job placement assistance; includes ELL training, GED acquisition, assistance with applications, support to acquire skills training in alignment with Riverside County’s Workforce Development Board’s identified regional labor market needs, onsite training in culinary arts, including food handlers, first aid training, and job training for youth. • Other Services: Life skills, including budgeting, laundry, food services, cleaning, accessing community resources, maintaining rental property, instructions regarding fair housing, including landlord and tenant responsibilities; wellness planning, health planning, including selecting a doctor and renewing benefits; soft skills of working with roommates and landlords.
• Kitchen Operations: Provide meals in accordance with the USDA; operate and manage commercial kitchen and dining room.

6. The Contractor, with and City staff from the Police, Facilities, and Community and Economic Development departments, agrees to conduct monthly forums for area residents and business owners in order to receive input on any neighborhood security issues and discuss potential resolutions.

7. The Contractor shall also work with City staff from the Police, Facilities, and Community and Economic Development departments to amicably resolve complaints related to the operations at this property.

CITY OF PALM SPRINGS RESPONSIBILITIES.

1. Repair or replace structural foundations, roofing, elevators or vertical lifts (if any), exterior (and interior load -bearing) walls, parking lot paving and striping, HVAC, controls, systems and electrical systems when necessary due to aging, deterioration, weather or environmental damage, malfunction during warranty period, or equipment failure.

2. Perform annual pruning of trees and shrubs under the supervision of a certified arborist. Replace trees and shrubs when necessary due to natural causes or reasons beyond reasonable control of MV&K.

Item 3A - Page 30
23 3. Repair or replace fire alarm and suppression systems (other than as noted above)

4. Clean, remove, repaint, or otherwise delete evidence of graffiti on exterior perimeter walls and gate within 72 hours of notification of it.

5. Maintain exterior of buildings, perimeter walls, and site gate in good condition and repaint as necessary.

6. Inspect all roofs on an annual basis and make such repairs as a recommended by authorized representative of the type of roofing system installed.

7. Maintain site grading, catch basins, and storm drainage systems.

8. Maintain records as-built drawings of buildings and site improvements.

Item 3A - Page 31
24 Schedule of Fees and Positions

Phase I Budget

Position FTE Total
Director of Programs 0.60 13,000
Asst. Director of Programs 1.00 19,000
VP of Program 0.50 12,300
Manager of Programs 1.00 19,000
Sr. Manager of Program 1.00 19,000
Early Access Shelter Supervisor 1.00 11,000 Early Access Shelter Residential 5.00 43,000 Early Access Shelter Security 3.00 29,000
Access Security 2.00 18,000
Access Security 5.00 65,000
Access Case Manager/Employment 3.00 41,000
Access Supervisor 1.00 11,000
Total FTE/Wages 24.10 300,300

Laundry Services 10,000
Food/Snacks 10,000
Office Supplies 6,000
Cleaning Supplies 10,000
Clients Supplies 15,000
Small Furnishings 1,500
Transportation 10,000
Computers 2,500
Hygiene Supplies 8,000
Staff Hiring Cost 1,000
Travel 5,000
Telephone 2,500
Client Travel 10,000
Computer Software 2,000
Uniforms 1,000
Operating Supplies 10,000
Equipment Maintenance 3,000
Equipment Lease 3,000
Maintenance Contract Services 5,000
Shower Purchase 80,000
Contract Services (Linda's Fees) 36,300
Portable Restrooms Contract 3,600
Item 3A - Page 32
25 Furniture 27,000
Linen 10,000

Operating Expenses 272,400

Administration Cost (10%) 57,270

Total Budget 629,970

Item 3A - Page 33
26 Phase II Budget

Position FTE Total
Director of Programs 0.60 25,000 VP of Programs 0.50 25,000
Asst. Director of Programs 1.00 38,000 Sr. Manager of Programs 1.00 38,000 Manager of Programs 1.00 33,200 Residential Supervisor 1.00 31,000 Early Access Shelter Residential 5.00 123,000 Early Access/Navigation Security 9.00 254,000 Access Security 7.00 180,400
Access Case Manager/Employment 4.00 108,000 Access Supervisor 1.00 31,000 Facilities Manager 0.40 7,200 Maintenance Supervisor 1.00 17,000 Maintenance Tech II 1.00 15,000 Housekeepers (Navigation) 4.00 50,500 Registered Nurse 1.00 26,500 Certified Nursing Assistant 1.00 16,500 Kitchen Supervisor 1.00 16,500 Kitchen Manager 0.40 8,200 Cooks 4.00 53,000
Kitchen Helper/Dishwasher 2.00 24,000 Residential Specialist (Navigation ) 6.00 80,000 Employment/Case Managers (Navigation) 3.00 44,000 Wrap Around Services Supervisor 1.00 16,500 Security Supervisor (Early Access/Navigation) 1.00 16,500 Data Quality 2.00 29,000
Wrap Around Services Manager 1.00 20,500 Total FTE/Wages 60.90 1,327,500

Laundry Services 20,000
Food/Snacks 15,000
Office Supplies 12,000
Cleaning Supplies 20,000
Clients Supplies 25,000
Small Furnishings 5,000
Transportation 15,000
Computers 5,000
Item 3A - Page 34
27 Hygiene Supplies 10,000 Staff Training 2,300
Staff Hiring Cost 2,500
Travel 8,000
Telephone 2,500
Client Travel 20,000
Computer Software 4,000 Uniforms 4,000
Operating Supplies 25,000 Equipment Maintenance 8,000 Equipment Lease 4,000
Building Maintenance Contractors 8,000 Food (Dinner Catering Services) 80,000 Linen 5,000

Operating Expenses 300,300

Administartion Cost (10%) 162,800

Total Budget 1,790,600

Item 3A - Page 35
28 Phase III Budget

Position FTE Total
Director of Programs 0.60 52,000 VP of Programs 0.50 49,000 Asst. Director of Programs 1.00 76,000 Sr. Manager of Programs 1.00 76,000 Manager of Programs 1.00 66,300 Residential Supervisor 1.00 61,500 Early Access Shelter Residential 5.00 245,500 Early Access/Navigation Security 9.00 508,000 Access Security 7.00 360,800 Access Case Manager/Employment 4.00 216,000 Access Supervisor 1.00 61,500 Facilities Manager 0.40 26,500 Maintenance Supervisor 1.00 61,500 Maintenance Tech II 1.00 54,000 Housekeepers (Navigation) 4.00 187,000 Registered Nurse 1.00 99,000 Certified Nursing Assistant 1.00 61,500 Kitchen Supervisor 1.00 61,500 Kitchen Manager 0.40 30,500 Cooks 4.00 197,000
Kitchen Helper/Dishwasher 2.00 88,500 Residential Specialist (Navigation) 6.00 295,000 Employment/Case Managers (Navigation) 3.00 162,000 Wrap Around Services Supervisor 1.00 61,400 Security Supervisor (Early Access/Navigation) 1.00 61,400 Data Quality 2.00 108,000
Wrap Around Services Manager 1.00 76,000 Total FTE/Wages 60.90 3,403,400

Operating Expenses
Dining Room Supplies 40,000 Food Purchases 200,000
Minor Equipment 8,000 Building Maintenance Repairs 80,000 Cleaning Supplies 50,000 Client Travel 20,000
Clients Supplies 35,000 Commercial Insurance 70,000 Item 3A - Page 36
29 Computer Software-Eccovia 15,500 Computers 10,000
Contract Services HVAC 50,000 Contract Services Landscaping 25,000 Contract Services-Other 25,000 Contract Services Plumbing 20,000 Equipment Lease 7,500 Equipment Maintenance 10,000 Equipment Purchase 10,000 Food/Snacks 40,000
Hygiene Supplies 40,000 Laundry Services 35,000 Minor Furnishing 13,000 Office Supplies 30,000 Operating Supplies 38,000 Pest Control 20,000
Small Furnishings 8,000 Staff Hiring Cost 6,000 Staff Training 3,500 Telephone 10,000
Transportation 23,000
Trash Services 30,000
Travel-Staff 15,000
Uniforms 8,000
Vehicle Maintenance 15,000 Vehicle Other 10,000
Restroom Rentals- Access Center 20,000 Recoup Supplies 15,000 Operating Expenses 1,055,500

Administration Cost (10%) 445,500

Total Budget 4,904,400

Item 3A - Page 37
30 Schedule of Performance
Services will commence on the Contract Date, and continue for four years, with two two (2) year options to extend. The Parties shall mutually approve in writing the exercise of an option by either Party.

Beginning in year three of the agreement, the Contractor can request a budget i ncrease based on inflation in writing to the City ninety days before the end of the funding cycle. The basis rate of inflation used in the Contractor’s request will be the Consumer Price Index.

Item 3A - Page 38
31 EXHIBIT “B”

INSURANCE PROVISIONS

Including
Verification of Coverage,
Sufficiency of Insurers,
Errors and Omissions Coverage,
Minimum Scope of Insurance,
Deductibles and Self-Insured Retentions, and
Severability of Interests (Separation of Insureds)
Item 3A - Page 39
32 INSURANCE

1. Procurement and Maintenance of Insurance . Contractor shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Contractor’s performance under this Agreement.

Contractor shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement.

Contractor shall also carry workers’ compensation insurance in accordance with California workers’ compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance writ ten notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Contractor’s obligation to indem nify City, its elected officials, officers, agents, employees, and volunteers.

2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows:

1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate;

2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00) per occurrence;

3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is:

required

is not required;

4. Workers’ Compensation insurance in the statutory amount as required by the State of California and Employer’s Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Contractor has no employees, Contractor shall complete the City’s Request for Waiver of Workers’ Compensation Insurance Requirement form.

3. Primary Insurance . For any claims related to this Agreement, Contractor’s insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self -insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Contractor’s insurance and shall not contribute with it. For Workers’ Compensation and Employer’s Liability Insurance only, the insurer shall waive all rights of subrogation and Item 3A - Page 40
33 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers.

4. Errors and Omissions Coverage . If Errors & Omissions Insurance is required, and if Contractor provides claims made professional liability insurance, Contractor shall also agree in writing either (1) to purchase tail insurance in the amount req uired by this Agreement to cover claims made within three years of the completion of Contractor’s services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of Contractor’s services under this Agreement. Contractor shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy.

5. Sufficiency of Insurers . Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best’s Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City.

6. Verification of Coverage . Contractor shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Contractor’s insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers’ Compensation policies.

Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:

A. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured…” ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City" may be included in this statement).

B. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. " or "for any and all work performed with the City" may be included in this statement).

C. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named. " Language such as, “endeavor to” mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out.

Item 3A - Page 41
34 D. Both the Workers’ Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers.

In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies.

All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Contractor’s obligation to provide them.

7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expens es. Certificates of Insurance must include evidence of the amount of any deductible or self -insured retention under the policy. Contractor guarantees payment of all deductibles and self-insured retentions.

8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer’s liability.

Item 3A - Page 42

ATTACHMENT B
Item 3A - Page 43
Item 3A - Page 44

PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

1. Name of Entity

2. Address of Entity (Principle Place of Business)
C-A

3. Local or California Address (if di

4. State where Entity is Registered with Secretary of State )..J.. 0 (
If other than California, is the Entit also re istered in California?

5. Type of Entity
~ orporation D Limited Liability Company D Partnership D Trust D Other (please specify) No

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 -~S_C!._rl-i_/{~o~f~{_.ew~b~.12._d(~------- ~ fficer D Director D Member D Manager [name]
D General Partner D Limited Partner
D Other ____________ _
~~~~~~~'v-__,__£,v __ d_v_'l:_CLJ _________ ~ fficer D Director D Member D Manager [name]
D General Partner D Limited Partner
D Other _____________ _
-~J~ o_v1_ei~T~h ..... a~11.~ .... e.-.....~ .......... e---,t1,__ ______  Officer ~ rector  Member  Manager [name] ./
(Revised 09 13 18)
D General Partner D Limited Partner
D Other ________ _____ _

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 3A - Page 45

7. Owners/Investors with a 5% beneficial interest in the Aoolicant 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.

N/lk
[name of owner/investor] [percentage of beneficial interest in entity
and name of entityl
B.
fJ I A
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
C.

JJ/ A
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
D.

N/A
[name of owner/investor] [percentage of beneficial interest in entity
and name of entity]
E.
tJ/Jr
[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.
(Revised 09 13 18)

CITY OF PALM SPRINGS - PUBLIC INTEGRITY DISCLOSURE

APPLICANT DISCLOSURE FORM

Item 3A - Page 46
MARTHA'S VILLAGE AND KITCHEN, INC.

BOARD OF DIRECTORS AND KEY EMPLOYEE LIST
AS OF APRIL 12, 2023
NAME
Henry Burdick
Jon at ha n Espy
Brian Amidei
Mike Bell
Howard Lincoln
Duane Jacobs
Scott Sweeney
Jonas Udcoff
Blaine Amidei
Thomas Park
Kate Fauntleroy
NAME
Sam Hollenbeck
Rosa Verduzco
Debra Pollock
Vanessa Walker

BOARD/ORGANIZATION TITLE
Co-Chairman
Co-Chairman
Vice-Chairman
Treasurer
Secretary
Director
Director
Director
Director
Director
Director

KEY EMPLOYEES
President/ CEO
Executive Vice President
Vice President of Development and Communications
Vice President of Finance

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

APPROVE RENTAL ASSISTANCE PROGRAM TO ASSIST RESIDENTS WITH

OVERCOMING BARRIERS TO HOUSING
RECOMMENDATION:

Approve the Tenant Based Rental Assistance (TBRA) program, and provide direction to staff as appropriate.

1. Approve using $1,000,000 (one million dollars) in Housing Set Aside funds for the TBRA Program.

2. Attachments
Item 3B

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: APPROVE RENTAL ASSISTANCE PROGRAM TO ASSIST RESIDENTS

WITH OVERCOMING BARRIERS TO HOUSING

FROM: Scott C. Stiles, City Manager

BY: Community & Economic Development

SUMMARY:

The Tenant Based Rental Assistance (TBRA) Program targets low -income renters who are currently in need of housing or are housing insecure. Funding will cover rental assistance, utility assistance, and security deposits. The primary objective of the TBRA Program is to assist eligible applicants to secure decent, safe, and sanitary housing in the private rental market in eligible City of Palm Springs areas.

RECOMMENDATION:

1. Approve the Tenant Based Rental Assistance (TBRA) program, and provide direction to staff as appropriate;

2. Approve using $1,000,000 (one million dollars) in Housing Set Aside funds for the TBRA Program.

BACKGROUND:

Development Services staff have been working diligently to understand the housing needs of residents. With the work on the Housing Element, the proposed Inclusionary Housing Ordinance, and fees to pay for affordable housing, it is clear there is a need for more housing options that Palm Springs residents can afford without major barriers.

Barriers that many residents face include poor credit as well as lack of savings for deposits and utilities.

One tool in the affordable housing toolkit is the TBRA Program. The TBRA Program is based on the premise that decent, safe, sanitary, habitable and affordable housing can be obtained on the private market for very low to low -income families. In addition to obtaining housing with lower barriers to entry, residents are also able to stay housed, Item 3B - Page 1
City Council Staff Report
September 26, 2023 -- Page 2
Rental Assistance Program

which can lead to less people being housing insecure and in need of assistance in the future.

STAFF ANALYSIS:

TBRA Program funds would be used to provide financial assistance and housing stability services to eligible households for eligible forms of assistance, dependent on the demonstrated need and funding availability. To be eligible for the one- time payment assistance, a household must meet the following criteria:

• Must be a City of Palm Springs resident with proof of residency and residing in the property as the primary address. The only exception is if the Household is moving to a new property within Palm Springs, has signed at least a six -month lease agreement or submitted a completed Letter of Intent with future apartment complex, and is requesting prospective rent;
• Be obligated to pay rent on a residential dwelling or manufactured home lot in the City of Palm Springs;
• Qualify as a low -income household per HUD’s household income definition of being at or below 80% of the area median income (AMI);
• One or more individuals within the household has qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other financial or health hardship; • One or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability.

Eligible forms of assistance include:
• Rental arrears up to four months, the maximum term of assistance. • Prospective rent up to a maximum of three (3) months per application or Additional Funds Request (AFR) based on any application by or behalf of the household. This amount is calculated in the maximum term of assistance. • Security deposit equivalent to a maximum of two (2) months’ rent. • Outstanding utility and home energy costs (arrears) up to the maximum term of utility assistance.
• Costs associated with turning on utilities due to poor credit or outstanding fees from a previous residence in Palm Springs.

The total term of rental assistance is capped at 4 months and may include rental arrears, prospective rent assistance, security deposit and other expenses related to housing. The total months of utility assistance that is separately stated from the base rent and/or are paid to public utility provider is 4 months. The calculation for the amount of separate utility assistance is made by counting the number of months City of Palm Springs TBRA program paid for utilities. If the maximum amount of all utility costs (water, sewer, trash, gas, electric, and internet) is 4 months, no more TBRA can be paid for utility costs.

Item 3B - Page 2
City Council Staff Report
September 26, 2023 -- Page 3
Rental Assistance Program

Eligible Applicants shall be prioritized per the following conditions and in this order:
• Tenant has received a court summons or demand notice for eviction due to non- payment of rent. The court summons or demand for eviction must be uploaded to the case.
• One (1) or more individuals within the household are unemployed as of the date of the application for assistance and have not been employed for the 90- day period preceding such date.
• The income of the household is at or below 50% AMI, with documentation.

This assistance will be paid directly to the landlord, property manager, and/or utility companies and not the resident so as to not be counted as “extra income” for those who are under programs where extra income could disrupt their benefits.

ENVIRONMENTAL ASSESSMENT
:

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.

ALIGNMENT WITH STRATEGIC PLANNING:

This action would further Strategy 1C, Quality of Life, Expand Affordable Housing, Pursue new affordable housing.

FISCAL IMPACT
:

City staff is requesting $1,0 00,000 from Housing set -aside funds be used for the Tenant Based Rental Assistance (TBRA) Program. This funding would come from the Housing Set Aside funds in Project 23-56 Account # 1001060 40105.

REVIEWED BY:

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

ATTACHMENTS:

A. Rental Assistance Program Policies and Procedures
B. Rental Assistance Landlord Application
C. Rental Assistance Tenant Application
Item 3B - Page 3

ATTACHMENT A

Item 3B - Page 4
1 City of Palm Springs Rental Assistance 2023
Rental Assistance Program
Policies and Procedures

City of Palm Springs | Community and Economic Development Department 3200 E Tahquitz Canyon Way | PO Box 2743 | Palm Springs, CA 92263-2743

Item 3B - Page 5
Like no place else™
~

EQUAL HOUSING

OPPORTUNITY
2 City of Palm Springs Rental Assistance 2023

INTRODUCTION

PURPOSE AND USE

The attached program guidelines have been developed to facilitate the efficient and effective operation of the Tenant Based Rental Assistance (TBRA) Program for the City of Palm Springs.

The TBRA Program targets low-to-moderate income renters who are currently in need of housing or at risk of homelessness. Funding will cover rental assistance, utility assistance, and security deposits. The primary objective of the TBRA Program is to assist eligible applicants to secure decent, safe, and sanitary housing in the private rental market in eligible City of Palm Springs areas.

FAIR HOUSING

The following information should be included in marketing and agreements with the landlords/owners.

Non-Discrimination: The Agency or landlord shall not, in the provision of services or in any other manner, discriminate against any person on the grounds of age, race, color, religion, sex, national origin, familial status, or disability.

The regulations applying to discrimination, include, without limitation, the following:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the grounds of race, color, or national origin under programs or activities receiving federal financial assistance; • The Fair Housing Act, Title VIII -IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, national origin, sex, familial status, or disability;
• Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicap under any program or activity receiving or benefitting from federal assistance;
• The Age Discrimination Act of 1975, as a mended (42 U.S.C. §§ 6101 et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and • The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

DEFINITIONS

Adults in household: Anyone age 18 or older living in the housing unit.

Item 3B - Page 6
3 City of Palm Springs Rental Assistance 2023
Applicant: The person or people listed on the rent agreement and who is/are completing the application for rent assistance.

Area Median Inco me (AMI) : The Area Median Income (AMI) is the midpoint of a region’s income distribution – half of families in a region earn more than the median and half earn less than the median.

For housing policy, income thresholds set relative to the area median inco me—such as 50% of the area median income —identify households eligible to live in income -restricted housing units and the affordability of housing units to low-income households.

Base monthly rent: The set rental rate paid to the landlord each month, which may include a flat monthly fixed fee for utility costs. The base rent is typically defined in the lease agreement. This amount, listed in the lease agreement, does not fluctuate.

Direct Program Assistance: the costs eligible to be pay through the 90% of funds. This may be stated as “Rent, Utility, or Other Assistance Payments” (RUOAP).

Financial hardship: Defined as when a person with debt needs “substantially all of his/ her / their current and anticipated income and liquid assets to meet current and anti cipated ordinary and necessary living expenses during the projected period of collection. Financial hardship will not be found to exist when the debtor merely establishes that the repayment causes a financial burden, i.e., when it is inconvenient to repay the debt.”
Household: All people who live within the same rental unit.

Landlord: A person who or company that rents land, a building, or an apartment to a tenant.

Lease terms: For the purpose of this program, the lease should include, at minimum, but is not limited to:
• The amount of rent and when rent is due;
• Grace periods and penalties, if any, for late payment of rent; • How long the lease is in effect (the “term of possession”); • Who is responsible for utility payments, garbage collection, internet, lawn care, etc; • Who is responsible for minor and major repairs to the rental property, especially to appliances, plumbing, heating and cooling;
• Whether the tenant can sublet and/or assign the lease during the lease term; • Security deposit amount and an explanation of the policies regarding how and when the security deposit will be returned at the end of the lease term.

Maximum term of assistance: The total amount of months that can be funded for any one case.

Program End Date: The date funds run out
Prospective rent: Rent payments made before the rent is due. If the due date for the current month’s rent has passed, then the current month’s rent is considered arrears. Otherwise, the current month’s rent is prospective rent. For the purpose of consistency, the date of the application approval is the day when the rent is determined to be prospective rent or rent in arrears.

Item 3B - Page 7
4 City of Palm Springs Rental Assistance 2023
Rental/lease agreement: A lease is a contract, or legally binding agreement, between the landlord and tenant, granting the tenant exclusive use of the landlord’s property for a given period of time in exchange for rent. Typically, this is a formal agreement between a landlord and a tenant. It can also be an informal written letter with the name of the tenant(s) and address of the property, and contact information of the landlord, signed by both the landlord and tenant, that indicates the lease terms. See lease terms definition for what should be included in a lease.

Rental arrears: Outstanding rent due for previous months. If the due date for the current month’s rent has past, then current month’s rent is considered part of rental arrears.

Tenant: a person who occupies land or property rented from a landlord.

Unsafe and unhealthy living environment: housing that is considered uninhabitable, unsafe, dangerous, or hazardous according to City or County Building Code, State law, or the International Building Code. The tenant may need to hire a private housing inspector to identify if the living environment is uninhabitable, if the tenant is living in the housing. It can also be housing that meets the U.S. Department of Housing and Urban Development definition of overcrowding, in which there is more than one person per one room in the housing unit. In this definition "rooms" include living rooms, dining rooms, kitchens, bedrooms, finished recreation rooms, enclosed porches suitable for year-round use, and lodger's rooms.

ELIGIBLE ACTIVITIES & COSTS

A. TBRA Program funds may be used to provide financial assistance and housing stability services to eligible households for eligible forms of assistance, dependent on the demonstrated need and funding availability.

1. Eligible Households/Applicant To be eligible, a household must meet the following criteria:
i. Must be a City of Palm Springs resident with proof of residency and residing in the property as the primary address. The only exception is if the Household is moving to a new property within Palm Springs, has signed at least a six-month lease agreement or submitted a completed Letter of Intent with future apartment complex, and is requesting prospective rent;
ii. Be obligated to pay rent on a residential dwelling or manufactured home lot in the City of Palm Springs;
iii. Qualify as a low-income household per HUD’s household income definition of being at or below 80% of the area median income (AMI);
iv. One or more individuals within the household has qualified for unemployment benefits or experienced a reduction in household income, incurred significant costs, or experienced other Financial Hardship;
v. One or more individuals within the household can demonstrate a risk of experiencing homelessness or housing instability.

2. Eligible Forms of Assistance
i. Rental arrears up to the maximum term of assistance.

Item 3B - Page 8
5 City of Palm Springs Rental Assistance 2023
ii. Prospective rent up to a maximum of three (3) months per application or Additional Funds Request (AFR) based on any application by or behalf of the household. This amount is calculated in the maximum term of assistance. iii. Outstanding utility and home energy costs (arrears) up to the maximum term of utility assistance.
iv. Costs associated with turning on utilities due to poor credit.

B. Maximum Term of Assistance

1. The total overall amount of TBRA that any applicant to the City of Palm Springs TBRA program can receive is 4 months of assistance from the City, the State, or other Counties combined. This maximum amount includes rent and utilities paid . We count the months and not the type of TBRA assistance. (e.g. If an Applicant’s landlord is paid three months of rent and th e City water department is paid three months of water payments for the same three months then the total amount of TBRA received is three months. If those rent and utility payments are for separate months, the total amount of TBRA received is six months.)

2. The total months of rental assistance is capped at 4 months and may include rental arrears, prospective rent assistance, security deposit and other expenses related to housing.

3. The total months of utility assistance that is separately stated from the base rent and/or are paid to public utility provider is 4 months. The calculation for the amount of separate utility assistance is made by counting the number of months City of Palm Springs TBRA program paid for utilities. If the maximum amount of all utility costs (water, sewer, trash, gas, electric, and internet) is 4 months, no more TBRA can be paid for utility costs.

C. Priorities

1. Eligible Applicants shall be prioritized per the following conditions and in this order:
i. Tenant has received a court summons or demand notice for eviction due to non- payment of rent. The court summons or demand for eviction must be uploaded to the case.
ii. One (1) or more individuals within the household are unemployed as of the date of the application for assistance and have not been employed for the 90-day period preceding such date.
iii. The income of the household is at or below 50% AMI, with documentation.

INELIGIBLE COSTS

A. TBRA Program funds may not be used for the following activities:

1. To make commitments to specific owners for specific projects. Tenants must be free to use the assistance in any eligible unit;

2. To provide TBRA to homeless persons for overnight or temporary shelter;

3. To provide aid for more than 5 months;
Item 3B - Page 9
6 City of Palm Springs Rental Assistance 2023

4. To duplicate existing rental assistance programs that already reduce the tenant’s rent payment to 30 percent of income (not including vouchers); and

5. To provide assistance outside of the eligible TBRA Program areas

B. The assisted unit cannot be owned by the subrecipient unless an exception is approved in writing by the City of Palm Springs. In order to be considered for an exception, the request must, at a minimum, include the following information:

1. An explanation why the exception is necessary/appropriate;

2. A rent reasonableness analysis to demonstrate cost effectiveness;

3. Documentation of adequate outreach to owners so as not to limit access; and

4. Assurance that occupancy of the unit is not a ‘requirement’ placed on the participating household and that they have a free choice of units.

C. TBRA funds cannot be used for the following costs:

1. Application fees for housing units

2. Applicant background checks

3. Cable deposits

4. Landlord vacancy and/or damage claims

5. Down payment and/or closing costs in conjunction with a lease-purchase program

RENTAL ASSISTANCE STANDARD

The TBRA Program is based on the premise that decent, safe, sanitary, and affordable housing can be obtained on the private market for very low to low-income families. The unit chosen by the family should not exceed HUD published Fair Market Rents (FMRs). HUD FMRs can be found on the following HUD website: https://www.huduser.gov/portal/datasets/fmr.html.

A unit is determined to fall within the FMR of a specific area by adding the contract rent and the applicable utility allowance for the unit. For the purposes of the TBRA Program subsidy, the sum of both numbers cannot exceed the FMR of a unit. The tenant may select a unit that falls over the FMR if the unit meets rent reasonableness standards in the area and if the tenant is willing to pay the excess rent.

No unit assisted by TBRA can be less than 80 percent of the published FMR for the unit.

SECURITY DEPOSIT

TBRA Program may provide grants to tenants for security deposits, not exceeding two (2) months’ rent; income determination is provided at the time of assistance.

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7 City of Palm Springs Rental Assistance 2023

UTILITY DEPOSIT

Eligible utility expenses are defined as water, sewer, gas, electric, internet and trash collection. Utilities do not include cable, and/or cell phone service.

MARKETING AND OUTREACH

TBRA should be affirmatively marketed to all persons within the target population and/or special needs group. The marketing plan must address:

A. How the program will be announced (i.e., which media and other sources) B. Where applications are available (i.e., at one site or more) C. When applications will be accepted (i.e., daily, during normal working hours or extended hours for a specified period)
D. The method for taking applications (i.e., in person, by mail)

APPLICATION CRITERIA

All applications must be in written form and must contain, at a minimum, information that enables the subrecipient to determine household composition, income and eligibility.

Each application received must be reviewed for completeness and to determine if the applicant is obviously ineligible. Staff will place all applicants who are apparently eligible on the waiting list pending verification of information provided.

A tenant file must be created for each application. This file will ultimately contain the application, documentation of the household’s eligibility, copies of program forms, correspondence, etc.

Staff can sit with the Applicant as he/she/they are completing the application and verbally walk them through the application pages and questions. Staff shall not complete an application for an Applicant.

However, staff can scan and upload documents for the Applicant. Staff can make changes to an application with written authorization from the applicant (for example, an email to the reviewer or lead working on the case).

Documentation can be in the form of an electronic document, scanned document, photographed document, or presented in hard copy to the City of Palm Springs, who may scan the documents and upload to the application. The scan or photograph must show the entire document, not just a section or sections from the document. City Staff shall check scans, photographs, and paper documents to make sure they have not been manipulated.

Applicants shall complete information on the tenant and the household members.

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8 City of Palm Springs Rental Assistance 2023

1. The application asks for social security numbers for all household members. Social Security Numbers and identification information submitted with an application are/is protected and shall not be shared.

2. The Applicant is required to provide a legal photo ID that has their name and address. If the ID is missing an address (passport), the address is out-of-date, or the address does not match the address on the lease agreement, staff shall collect an official document other than the lease from a government organization or a company with the tenant’s name and address to verify City of Palm Springs residency. Examples include an unemployment benefit letter, utility bill, paystub from a verifiable business, bill from a college/university, bill from credit card company.
a. There shall be a “legal form of identification” for each of the household members age 18 and older. This could be the rent agreement with the other person’s name on it, photo ID with a household member’s current address, a utility bill, paystub, bank account statements, bill from a college/university, bill for credit card, tax form if prepared by a professional firm. This information is used to verify that the household members are people living at the address and not people listed to meet the household AMI criteria for the program. Note: the application requests a photo ID of all household members age 18 or older.

3. People who do not have U.S. residency can apply for the program and/or be a part of a Household that is applying for the program.

4. Documentation must be uploaded to the case file that proves the Household lives in the City of Palm Springs TBRA program area and that the Household is/was obligated to pay rent. a. A rent agreement shall be used to verify the Household lives or lived in the City of Palm Springs during the time the Household is requesting assistance, and that the household is or was obligated to pay rent on a residential dwelling. b. For those who are moving within the City of Palm Springs or resigning a lease agreement, a fully executed lease agreement that is at least six (6) months long is required to prove the household will be living in the program area or a fully signed Letter of Intent.
c. The rent agreement term and the time in which the Household is requesting assistance must align.
d. The rent agreement must show the address and the tenant’s name and must be signed by both the Tenant/Applicant and Landlord.
e. The rent agreement is a required document page on the application. f. If the lease is electronically signed, a utility bill or other official document can be used to verify the Applicant or co-Applicant lives at the location.

5. Applicants are requested to show documentation to determine the household income level.

Households must be low-income as defined by the United States Housing Act of 1937 (household income below 80% AMI) to be eligible for the program. The City of Palm Springs uses the definition of annual income from 24 CFR § 5.609. The City of Palm Springs shall request income verifying documentation from all adults age 18 and older living in the Item 3B - Page 12
9 City of Palm Springs Rental Assistance 2023
household to verify income level and prevent fraud. There are a few ways that a household can income-qualify for the program:
a. Applicants who have one or more household members who are or were unemployed during the time of requested assistance can provide unemployment benefit letter(s) for the adult(s) in the household. Please note that one unemployment benefit letter for one adult does not cover every adult in the household.
b. Households that are low-income can provide the most recent and appropriate income tax forms (the 2022 tax forms as of April 21, 2023 are required for TBRA to cover months in 2022, and a 2021 tax form can be used to pay TBRA for months in 2021), or two recent, consecutive months of paystubs for all adult members of the household, and/or two months of all pension or retirement distributions.

Households that are receiving assistance through federal government programs can submit copies of the benefit letters with the application to qualify, provided the determination of eligibility for these benefits was made recently (in the last six months). See Current Income under the Income Qualification section for the various benefit letters that will be accepted.
c. Applicants who are self-employed or do freelance work can provide other types of documentation to prove income level. See the Income Qualification section for benefit letters that will be accepted.

6. The TBRA Policy requires that at least one person in the Household demonstrate a risk of experiencing homelessness or housing instability. Some examples of documentation that can verify housing instability include:
a. Eviction notice; or
b. 10-day or 30-day notice from landlord; or
c. Ledger from the Landlord of two or more months of past due rent (does not need to be consecutive months). This can include a ledger with partial payments made with some outstanding rent accumulating;
d. Utility bill with two or more months of past due utilities; or e. Ledger from Landlord of three months or more of late rent (does not need to be consecutive);
f. Documentation of recent and unexpected termination of employment; or g. Demonstration of an unsafe or unhealthy living environment:
h. Letter from the City or County Building Officials or documentation from a private housing inspector identifying that the housing is uninhabitable, unsafe, dangerous, or hazardous according to City or County Building Code or State law or the International Building Code.
i. Documentation from a Fire Department that the housing is unsafe, dangerous, or hazardous.
j. Documentation signed by caseworker with knowledge of the Applicant’s housing situation that the house is overcrowded or documentation that proves that the Item 3B - Page 13
10 City of Palm Springs Rental Assistance 2023
amount of people living in the house create an overcrowding situation as defined by the U.S. Department of Housing and Urban Development.
k. Applicants applying for assistance with utility or other housing expenses related to housing shall submit bills or evidence of payment.

RENT ASSISTANCE CRITERIA

General Guidance on Rent

1. A lease agreement signed by the Applicant (tenant) and landlord or sublessor that identifies the unit where the Applicant resides and the elements listed under lease terms in Definitions section is required to serve a person through this program.

2. The amount of rent eligible for the program must be identified in a lease agreement between the tenant and the landlord. This applies to the monthly amount and what the monthly rent includes as well as the length of time in the rental housing. The lease term justifies the number of months the Applicant can live in the housing and thus the number of months eligible for TBRA rent assistance. If using a letter for the lease agreement (that contains all the elements listed under lease terms in the Definitions section), rent payments must be proved through copies of deposited checks, bank statements, or other documentation that reasonably establishes a pattern of paying rent.

3. A new lease agreement must be for at least a six (6) month term for the City of Palm Springs to fund prospective rent and/or security deposit or application fees. There is no requirement regarding the length of time the Applicant household has lived in the current unit.

4. Rent must either fall into the category of rental arrears or the category of prospective rent.

5. The total rental assistance (the “maximum term of assistance”) is capped at 4 months.

6. There is not a maximum monthly amount per unit for rent eligible under the City of Palm Springs TBRA Program.

7. Funds cannot be paid after the Program End Date, which is determined by available funds.

8. The City of Palm Springs may pay multiple landlords on behalf of one household. For example, a tenant might have been displaced and moved before paying rent in arrears to the former landlord and the tenant is not able to pay rent to the new landlord. The City of Palm Springs can pay the previous landlord for the rent in arrears for the time the tenant was living in the unit and pay the current landlord for prospective rent, if the household qualifies for the program and there are two rental agreements submitted to pay both landlords.

9. Rent expenses can include housing costs bundled into the fixed fee monthly rent amount, as defined in the rent agreement. These may include utilities, home energy costs, general maintenance costs that are covered by the landlord. If the landlord charges utility costs separately from the base monthly rent, then these utility costs fall under the Utility Assistance Criteria.

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11 City of Palm Springs Rental Assistance 2023

10. An eligible household that occupies a federally subsidized residential or mixed-use property or receives federal rental assistance may receive TBRA assistance, provide that TBRA funds are not applied to costs that have been or will be reimbursed under any other assistance. a. If an eligible household receives a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project-Based Rental Assistance) and the tenant rent is adjusted according to changes in income, the renter household may receive TBRA assistance for the tenant-owed portion of rent or utilities that is not subsidized. b. The City of Palm Springs must review the household’s income and sources of assistance to confirm that the TBRA assistance does not duplicate any other assistance, including federal, state, or local assistance provided for the same costs.

11. The City of Palm Springs will treat subleases like regular leases. The subleases must meet the same TBRA program criteria as the leases. The original lease must allow for subleasing.

12. Households with a rent-to-own lease can receive assistance for the rent and utilities, provided that a member of the household
a. Is not a signor or co-signor to the mortgage on the property; b. Does not hold the deed or title to the property; and c. Has not exercised the option to purchase.

13. If an Applicant is able to provide a lease agreement, but is unable to present adequate documentation of the amount of the rental obligation (i.e the ledger), then The City of Palm Springs may accept a written attestation signed by both the Applicant and the landlord to support the payment of assistance up to a monthly maximum of 100% of the greater of the Fair Market Rent or the Small Area Fair Market Rent for the area in which the Applicant resides, as most recently determined by HUD and made available at www.huduser.gov/portal/datasets/fmr.html. The assistance described in this paragraph may only be provided for three (3) months. This limited payment is intended to provide Households and Landlords the time to gather the essential documentation (ledger) or to negotiate with landlords to avoid eviction.

Rent in Arrears (Overdue Rent Payments)

1. Rent in arrears can be paid for back rent but may not exceed the maximum term of rental assistance.

2. Rent in arrears can only be paid for the time the Household was living in the unit.

3. If an Applicant has rent in arrears, it should be paid in full up to a maximum term of rental assistance, subject to funding availability.

4. City of Palm Springs must pay the rental arrears first and before the household may receive assistance for prospective rent payments.

5. TBRA can pay for rental or utility arrears for families who were in a rental agreement previously even if the Household is not currently in a rental obligation.

1. TBRA can pay for rental and utility arrears and prospective rent for tenants who have been in a month -to-month lease that started at least six months prior to requesting assistance.

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12 City of Palm Springs Rental Assistance 2023
Prospective Rent

1. The City of Palm Springs may pay prospective rent up to and not exceeding three (3) months forward. Prospective rent can only be paid if the prospective rent is necessary for the Applicant’s housing stability.

2. To provide prospective rent, the Landlord must agree not to evict the tenant for the months with prospective rent paid.

3. A fully executed agreement for the time period requesting/receiving TBRA funds is required.

Therefore, if the lease ends before or during the time period that the prospective rent would cover, the City of Palm Springs has some options:
o Provide prospective rent up until the end date of the lease agreement; or o Upload the new lease signed by both the tenant and landlord; or o Use the Letter of Intent signed by the Applicant (tenant) and landlord or sublessor that identifies the property and the unit where the Applicant will reside to allow the City of Palm Springs to obligate the prospective rent and pay it when the signed lease is provided.

4. Prospective rent shall only be paid after all eligible outstanding rent and utility costs have been paid.

5. The monthly amount eligible to be paid as prospective rent is the fixed fee amounts listed in the lease agreement. These fixed fee amounts are set amounts paid monthly, as stated in the lease. Fluctuating amounts, irregular amounts, and quarterly or annual amounts are not eligible to be paid as prospective rent.

6. The Applicant does not have to have outstanding rent to be served.

7. Households can receive prospective benefits if the City of Palm Springs can prove:
o the Household is currently struggling with housing instability; and o the Applicant was previously in a lease agreement. The previous lease does not have to be for housing in the City of Palm Springs, if the Applicant is requesting prospective rent only; and
o the Household has entered into a current lease agreement that has a six (6) month term or longer or has a signed Letter of Intent for leasing an apartment in the City of Palm Springs TBRA eligible area.

8. Applicants who have been unhoused may receive prospective rent paid through the TBRA program if the person/family is in a new lease or starting a new lease and meets all the eligibility requirements of the program.

9. For families who do not have a current rental obligation, which is a requirement for TBRA eligibility, the City of Palm Springs can provide households with the Letter of Intent stating that the Applicant is pre-approved for TBRA funds and specifying the amount and type of funding the landlord will receive if the landlord and the Applicant enter into a lease with at least a six (6) month term. However, funds for security deposits, application fees, and prospective rent cannot be paid until the official rent agreement is signed by both parties, submitted, and attached to the case file. The letter of intent shall have an expiration date of 25 days.

Commented [ATW1]: Should Legal Review?
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13 City of Palm Springs Rental Assistance 2023

UTILITY ASSISTANCE CRITERIA

Utility expenses that are paid through a utility service provider or a landlord are eligible to be paid through the TBRA program. Utilities and home energy costs eligible for TBRA funding include electricity, gas, water and sewer, trash removal, and energy costs, such as fuel oil and internet.

A. Outstanding utility costs to a utility provider can be paid for, but may not exceed the maximum term of utility assistance of 4 months.

B. The City of Palm Springs TBRA program will pay for utility in arrears but does not provide prospective utility payments (utility bills yet to be calculated).

C. Only those utility costs accrued during the same period the tenant was living in the housing can be paid, and this time period must be as verified through a rent agreement or agreements.

D. Utility expenses that are a part of the monthly fixed fee rent amount (i.e. base rent) and covered by the landlord are considered rent for the purpose of this program.

E. All utility service costs reimbursed with TBRA funds shall have a written “bill, invoice or evidence of payment to the provider of the utility or home energy service,” if the utility cost is not a part of the base rent cost (i.e. monthly fixed fee rent amount) listed in the lease agreement. This separate utility expense is common with mobile home parks, in which water bills are broken out for lots based on the monthly water cost. Therefore, the City of Palm Springs shall not estimate or pay these prospective utility payments.

F. The address listed on the utility bills/statement must match the address on the rental agreement.

G. The payment of rental assistance is not required to provide financial assistance with utility and energy costs. However, if the Applicant has rental arrears, this outstanding amount shall be paid first before utility assistance can be offered.

H. If the Applicant has separate utility bills and has not requested that these be paid, then it is not necessary to “find” outstanding utility costs to pay.

I. Internet Service can be paid with direct program assistance and is considered a utility cost.

1. Current and past due internet service expenses can be paid if the Applicant meets all other program qualifications and there is remaining TBRA funds after the outstanding rent and outstanding utility are paid in full by TBRA or some other source.

2. Internet costs will follow the maximum terms of assistance for utilities.

3. Internet statements of outstanding costs or bills can be sent as a part of the application. All payments for internet in arrears shall be supported by a current and/or past due bill or invoice.

4. In cases where it is impossible to substantiate the actual cost of the internet because the service is provided in a bundle package, Partner Organizations may pay $65/month for internet and may not exceed 4 months of assistance. The City of Palm Springs TBRA Program does not provide internet payments forward.

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14 City of Palm Springs Rental Assistance 2023

OTHER EXPENSES RELATED TO HOUSING

A. Fees paid as direct program assistance

1. Late Fees
a. The City of Palm Springs will pay the greater of $50 in late fees or 5% of the past due rent payment with TBRA funds for rent in arrears.
b. Late fees must be justified through the rent agreement and the landlord’s ledger.

2. Court Fees
a. Court filing fees for the Applicant’s/tenant’s portion of the Household’s Eviction case. b. Costs or fees imposed by a judge regarding the Applicant’s eviction case can be paid as long as the tenant is able to remain and remains in the rental housing.

3. Housing Fees
a. Housing fees allowed to be paid must be “reasonable and necessary”. If associated with rent, the fees must be identified in the lease, documented on a rental ledger, and legally required to be paid to prevent eviction. If associated with utilities, the fees must be documented on the utility bill.
b. These fees are the miscellaneous fees not addressed in other sections of this manual or other categories of this section and are associated with leasing the unit or the lot.

Examples of these fees are pest control, monthly renters’ insurance fees, garage/covered parking fee, Conservice fee for utility bills, etc. c. The maximum monthly amount of these miscellaneous fees that can be reimbursed is $100.
d. Fees rolled into the base rent are considered rent. See Rent Assistance Criteria. e. An application fee for the future rental property. See application fees under Relocation Expenses.

B. Relocation Expenses – can be paid with direct program assistance

1. Relocation and rental fees may be awarded to households who are moving to a housing situation with a six month or longer lease, a less expensive housing situation, or a healthier environment. Relocation fees may cover the following:
a. Security deposits up to one month’s rent on new housing with a six (6) month or longer lease term.
i. The security deposit is calculated as one month of the maximum term of rent assistance.
ii. The security deposit may be returned to the tenant if the tenant resides in the unit for a of minimum four (4) months. If the tenant vacates the unit before the Item 3B - Page 18
15 City of Palm Springs Rental Assistance 2023
four (4) month period, the security deposit is must be returned to the City of Palm Springs’ TBRA bank account to be used for another Household. b. An application or screening fee for the new housing location that is a “reasonable” cost.

An application fee of approximately $40 is reasonable for California. The Applicant must have a fully executed lease agreement before this application fee can be reimbursed.

This amount can be provided in addition to the maximum term of rental assistance. c. Moving expenses are limited to $500 maximum. This expense can be provided in addition to the maximum term of rental assistance if a valid bill/invoice is supplied. i. Applicants who qualify for relocation expenses must be staying in the City of Palm Springs program area. Those moving out of the City of Palm Springs to housing in another city are not eligible to receive this assistance.

C. Fees that are not eligible for direct program assistance, in general:
• Landlord attorney fees
• Damage fees
• Unauthorized pet fees (different than a monthly pet fee) • Fees intended to reprimand the tenant, (especially if the Landlord is evicting or if the tenant is leaving to prevent future eviction) such as an early termination fee assessed if the tenant does not give enough notice required in the lease agreement or an unreasonable fee charged to the tenant in the event the resident defaults on the lease agreement by vacating before the end of the lease, either voluntarily or through an eviction

APPLICATION REVIEW PROCESS

A. Once an application is submitted and shows up on the wait list, a City of Palm Springs staff member will review the application to check if the Applicant resides in the City of Palm Springs TBRA area.

1. If the Applicant resides in the City of Palm Springs, the reviewer will:
a. Check the case file to see if there is a court summons or 30-day/10-day demand letter. b. Check the case file for completeness. All awards for assistance must meet the minimum program requirements listed under Eligibility Criteria. If something is missing from the file, the staff member will send an Incomplete Application email.

2. If the Applicant does not reside in the City of Palm Springs, the reviewer will:
a. Send a Denial Email to the Applicant. This email could include links to assistance elsewhere in the Coachella valley/Riverside County.

B. City of Palm Springs staff shall confirm the property ownership through Riverside County property records to verify the landlord (for single family homes) on the lease is the property owner. Also, this check can determine if the landlord is in a relationship with the tenant that presents a conflict of Item 3B - Page 19
16 City of Palm Springs Rental Assistance 2023
interest to the tenant receiving funding. For example, a landlord renting to his/her sibling or significant other to pay a mortgage.

1. If the property owner is a trust, please ask the trust to provide ownership records.

C. City of Palm Springs staff can check to make sure the housing is not in the foreclosure process through the Foreclosure listings on the County of Riverside Assessor Website. Applications can be denied when the rental housing is in the foreclosure process.

D. City of Palm Springs staff shall process applications with high priority conditions first.

1. Staff will work expediently with cases that required an expedited payment process to prevent eviction. Applicant will need to state and produce evidence of threat of eviction.

INCOME VERIFICATION

Eligible Households must have an income below 80% AMI based on annually published income limits by the U.S. Department of Housing and Urban Development (HUD) for the Riverside-San Bernardino-Ontario Metropolitan Statistical Area (MSA). The City of Palm Springs is using the 2023 income limits for the TBRA program and will update annually:
# of People
in
Household
1 2 3 4 5 6 7 8
Maximum
Income
(80% AMI)
$52,200 $59,650 $67,100 $74,550 $80,550 $86,500 $92,450 $98,450

A. City of Palm Springs Staff must determine income eligibility based on sufficient confirmation of the household’s yearly or monthly income through one of the four methods, as outlined below:

1. Tax Returns
a. City of Palm Springs staff can rely on the Applicant’s Adjusted Gross Income fro m the Applicant’s filed federal tax return (Form 1040). Federal tax returns should be collected for all adults who filed taxes and live in the home.

2. Current Income
a. City of Palm Springs staff shall review the two (2) months of gross income information for the household (anyone over 18 years old) submitted at the time of application. The two (2) months of income is then extrapolated over a 12 -month period to determine whether household income exceeds 80% of AMI. Applicants must submit income documentation for Item 3B - Page 20
17 City of Palm Springs Rental Assistance 2023
the two (2) most recent months of the income documentation for all adults (18 and over) living in the home, as applicable, for the household. Income documentation includes:
• Paystubs or other wage statements;
• Unemployment benefits;
• Social Security;
• Retirement, survivor, or disability pensions;
• Supplemental Security Income (SSI);
• Public assistance payments;
• Interest, dividends, net rental income, royalty income, or income from estates and trusts. (Report even small amounts credited to an account.);
• Any other sources of income regularly received such as Veterans' (VA) payments, child support, or alimony;
• Bank statements (two months’ worth), especially for those whose pay is directly deposited such as Uber or Lyft drivers or employees who receive tips as a source of income; • Small business owners and freelance workers can provide IRS Form 1099 for business or consultant work;
• Self-employment income - net income after business expenses; ▪ Those who are paid directly to their bank account or those whose primary income comes from tips can submit two months of bank account records that show payments and tips.

Both the checking and savings account records shall be submitted; ▪ Signed attestation from the Applicant’s employer: Those who may be paid a stip end or one-time fee for work, such as with an internship, or as needed -work, or project-based work, can provide a letter on company letterhead from the business owner or manager that states the person works for the company, the dates the person worked, will work, or does work for the company and the pay that the person received or receives.

3. Categorical Eligibility
a. Categorical eligibility is applicable when the applicant is receiving assistance or is qualified for assistance from other programs that align w ith the TBRA program’s income eligibility requirements. The following determination/benefit letters for assistance from a government agency, provided the benefit letter is dated in the last six months, are allowable to determine income:
• Supplemental Nutrition Assistance Program (SNAP)
• Low Income Energy Assistance Program (LEAP)
• Temporary Aid to Needy Families (TANF)
• Medicaid for Parents & Caretaker Relatives, Adults (ages 19-65), or Pregnant Women Item 3B - Page 21
18 City of Palm Springs Rental Assistance 2023
• Child Care Assistance program (CCAP)
• Aid to the Needy Disabled / Aid to the Blind
• Old Age Pension
• Qualified Medicare Beneficiary who receives coverage of Part A and Part B premiums • Housing Choice Voucher that has been income verified in 2022 or 2023 • Supplemental Security Income (SSI) (not Social Security Disability Insurance) • In appropriate cases, the City of Palm Springs staff may rely on an attestation from a caseworker or other professional with knowledge of a household’s circumstances to certify that an Applicant’s household income qualifies for assistance b. The benefit letter must cover the entire household or multiple income documents for the household may be necessary.

4. Self-Attestation with Fact-Specific Proxy
a. City of Palm Springs staff must have “a reasonable basis” for determining ho usehold income and “support its determination with both a written attestation from the applicant as to household income and also documents available to the applicant, such as paystubs, W -2s or other wage statements, tax filings,” etc. Therefore City of Pal m Springs staff must request applicants provide income documentation. If the Applicant can provide any of the other forms of income documentation listed in these Policies and Procedures, then reviewers shall use those documents to verify income.

5. Self-Attestation with No Confirming Documentation
a. As a last resort and under very limited circumstances, City of Palm Springs Staff may make a request to Adams County to evaluate a written attestation from an Applicant on household income without further documentati on. This method is limited to Applicants who are faced with extenuating circumstances that hinder the Applicant from obtaining income documentation and the Applicant does not live within a QCT. b. Extenuating circumstances may exist when the household’s documents were lost in a fire or flood, when the company the person worked for went out of business, if a person requests an accommodation for a federally recognized disability and the County Human Services Department or the person’s case worker verifies the person does not have documents, when the person is paid by cash only, or if the household has zero income. c. If an application has suspicious elements in application or documentation, a certification of zero income cannot be used.
d. Under all wr itten attestation requirements, City of Palm Springs staff are responsible for making the determination regarding the applicant’s household income according to these policies and procedures and documenting that the determination follows these policies and procedures.

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19 City of Palm Springs Rental Assistance 2023

WAITING LIST

The City of Palm Springs will process applications in the order they are received. Families with a complete application will be selected in that order, until funds are depleted.

WRITTEN NOTICE OF DENIAL

If an applicant is denied for the TBRA Program, City of Palm Springs staff must provide in writing the reason(s) for denial

DETERMINATION OF UNIT SIZE

The unit size designated shall be assigned in accordance with the following criteria:

A. No more than two persons are required to occupy a bedroom;

DISTRIBUTION OF FINANCIAL ASSISTANCE

A. Assistance payments are to be made directly to the landlord or utility provider on behalf of the eligible household.

1. Landlords and utility providers must provide their name, address, and Social Security number, tax identification number or DUNS number. This information will be on the Landlord application and the W-9.

1. The City of Palm Springs must provide a record to the Applicant of any payments made by the organization to a landlord or utility provider on behalf of an eligible household.

B. Post Payment Follow-up

1. City of Palm Springs requires landlords to show documentation from the landlord to show the payment has been credited to the tenant. This measure further prevents fraud, waste, and abuse.

C. Landlord or Utility Provider Refuses Payment

1. The City of Palm Springs must make reasonable efforts to obtain the cooperation of landlords and utility providers to accept the TBRA payments from the City of Palm Springs TBRA Program.

Outreach must be completed by the City of Palm Springs before determining that the landlord or utility provider will not accept direct payment from the City. Outreach will be considered complete if:
a. At least three (3) attempts by phone, text, or e -mail are made over a five (5) calendar -day period to request the landlord or utility provider’s participation; or b. A landlord confirms in writing that the landlord does not wish to participate.

Item 3B - Page 23
20 City of Palm Springs Rental Assistance 2023

2. If the landlord or utility provider does not agree to accept such payment from the City of Palm Springs after outreach, the City shall work to get the landlord to reconsider. a. If the landlord still does not accept the payment, the case may proceed to court and the City of Palm Springs may pay rent assistance through a Court bond. The City of Palm Springs can consider paying the rent assistance directly to the eligible household for the purpose of making payments to the landlord or utility provider. However, this decision would require all other payment options to fail, the C ity staff to speak with the landlord to confirm the Landlord’s stance, and other confirmation that the fund s would be used only for rent assistance. That confirmation will be determined by the City of Palm Springs on a case -by- case basis. Only the outstanding rent and utilities included in the rent can be paid directly to the household. Payments made directly to tenants do not require the tenant to submit a W - 9 and receive a 1099 at the end of the year.

D. Landlords paid directly must complete a W -9 and will receive a 1099 at the end of the year. Partner Organizations shall provide 1099s to landlords participating in the program. Businesses must send Form 1099-MISC to recipients by February 1 and file it with the IRS by March 1. Households and utility companies do not need a 1099. For information visit the IRS website https://www.irs.gov/newsroom/emergency-rental-assistance-frequently-asked- questions#:~:text=No.,to%20members%20of%20the%20household.

Item 3B - Page 24

ATTACHMENT B

Item 3B - Page 25
Date received:_________

OFFICE USE ONLY

City of Palm Springs

TENANT BASED RENTAL ASSISTANCE PROGRAM
Landlord Application

Participation in the Tenant Based Rental Assistance Program (TBRA) requires proof that you and your tenant meet the eligibility guidelines. The TBRA Program targets low -to-moderate income renters who are currently in need of housing or at risk of homelessness. Funding will cover rental assistance, utility assistance, and security deposits. The primary objecti ve of the TBRA Program is to assist eligible applicants to secure decent, safe, and sanitary housing in the private rental market in eligibl e City of Palm Springs areas. The tenant will be submitting income documentation, t he following is required from you as the landlord/property manager for the application. All items are needed to pay the rent and/or deposit for the tenant. Incomplete packages will not be considered. Please mark the appropriate boxes next to the items that are enclosed in your application package.

APPLICATION PACKAGE
❑ Application- Complete, signed and dated (original)

PROOF OF OWNERSHIP
❑ Copy of deed
❑ Copy of current lease agreement (lease agreements must be 6 months or longer) with contact information and mailing address
❑ Proof of previous rent payments

ADDITIONAL DOCUMENTS
❑ Copy of Current California Driver’s License or Identification Card - for ALL persons living in household over the age of 18 ❑ Copy of Eviction notice, notice of past due rent or utilities (if applicable) ❑ W9
❑ Homeowners’ Insurance
❑ Liability Insurance (if applicable)

INSTRUCTIONS: The information requested is required to determine eligibility for the TBRA Program. All pages must be completed. All members of the household who are 18 years of age and older must sign and date this form, certifying that the information is true, correct and complete.

Item 3B - Page 26

Tenant Based Rental Assistance Program

AUTHORIZATION FOR RELEASE OF INFORMATION

CONSENT
I/We authorize and direct any Federal/State or local agency, organization, business, or individual to release to the City of Palm Springs any information or materials needed to complete and verify my application for participation, and/or to maintain my continued assistance under the Tenant Based Rental Assistance (TBRA) Program and/or other housing assistance programs. I understand and agree that this authorization or the information obtained with its use may be given to and used by the City of Palm Spring s in administering and enforcing program rules and policies. I/We also consent for the City of Palm Springs to share information with other county agencies, law enforcement and code enforcement agencies.

INFORMATION COVERED
I/We understand that, dependi ng on program policies and requirements, previous or current information regarding my household or myself may be needed. Verification and inquiries that may be requested, include, but are not limited to: Income and Assets, Residents and Rental Activity.

I/We understand that this authorization cannot be used to obtain any information about me that is not pertinent to my eligibility for and continued participation in the TBRA Program.

GROUPS OR INDIVIDUALS THAT MAY BE ASKED
The groups or individuals that may be asked to release the above information (depending on program requirements) include but are not limited to:

Previous Tenants Past and Present Employers Courts and Post Offices Public Housing Agencies Systems

Welfare Agencies State Unemployment Agencies
Banks/Financial Institutions

Social Security Administration
Bureaus

Credit Providers/Credit

Law Enforcement Agencies

Utility Companies

Insurance Company(ies)

COMPUTER MATCHING NOTICE AND CONSENT
I/We understand and agree that the City of Palm Springs may conduct computer -matching programs to verify the information supplied for my application or re -certification. If a computer match is done, I understand that I have a right to notification of adve rse information found and a chance to disprove incorrect information. The City of Palm Springs may in the course of its duties exchange such automated information with other Federal, State, or local agencies, including but not limited to: State Employment Security Agencies; Department of Defense, Office of Personnel Management; U.S. Postal Service; Social Security Agency; State Welfare and Food Stamp Agencies.

Item 3B - Page 27

CONDITIONS
I/We agree that a photocopy of this authorization may be used for the purposes stated above. The original of this authorization is on file with The City of Palm Springs Housing Department and will stay in effect for one year and one month from the date s igned. I/We understand I/We have a right to review my file and correct any information that I/We can prove is incorrect.

LANDLORD / PROPERTY OWNER / PROPERTY MANAGER MUST COMPLETE AND SIGN:

_______________________________________________________________________________________ Signature of Property Owner Printed Name Social Security Number Date

_______________________________________________________________________________________________ Signature of Landlord Printed Name Social Security Number Date

_______________________________________________________________________________________________ Signature of Property Manager Printed Name Social Security Number Date

Item 3B - Page 28
Tenant Based Rental Assistance Program
Rent Information

Tenant’s Name: ________________________________ Address: _______________________________

Landlord/Property Manager Information:

Name: ______________________________ Email: ____________________________________

Phone Number: __________________ Address: ______________________________________

❑ The tenant has been given an eviction notice

Rental Information
Monthly Rent Amount: ___________ Months in Arears: _________ Full Amount Requested: _________ Deposit Amount (if applicable): _______________

Utilities covered by landlord :
❑ Water
❑ Electrical
❑ Gas
❑ Internet
❑ Sewer

Charges Rent Covers:
❑ Rent
❑ Pest Control
❑ Utilities
❑ Other: _______________

Do you have any other tenants or prospective tenants that also could use assistance? Tenant’s Name: ________________________________ Address: _______________________________ Tenant’s Phone Number: _____________________ Email: _______________________________________

Item 3B - Page 29

Tenant Based Rental Assistance Program
Landlord Attestation

As a participant is the Tenant Based Rental Assistance Program, I understand that the City of Palm Springs will pay for rental arrears or rental assistance directly to my landlord or property management company. I understand this is a one -time assistance. I fu rther understand that I am responsible for paying my rent for the remainder of my lease after this one -time assistance. Given my understanding of the above, I agree not to file any claim, demand or lawsuit against the City of Palm Springs, it’s elected or appointed officials, employee’s or agents arising from or related in any way whatsoever to the actions of any person in connection with the Tenant Based Rental Assistance Program.

BY SIGNING BELOW, I AM CERTIFYING THAT I HAVE READ & UNDERSTAND THE STATEMENTS LISTED ABOVE.

ALL HOUSEHOLD MEMBERS 18 YEARS AND OLDER MUST SIGN BELOW:

Date ______________________________

Signature ___________________________________________________

Signature __________________________________________________ Item 3B - Page 30

ATTACHMENT C

Item 3B - Page 31
Date received:_________

OFFICE USE ONLY
City of Palm Springs

TENANT BASED RENTAL ASSISTANCE

PROGRAM
Participation in the Tenant Based Rental Assistance Program (TBRA) requires proof that you meet the eligibility guidelines. The TBRA Program targets low-to-moderate income renters who are currently in need of housing or at risk of homelessness. Funding will cover rental assistance, utility assistance, and security deposits. The primary objective of the TBRA Program is to assist eligible applicants to secure decent, safe, and sanitary housing in the private rental market in eligible City of Palm Springs areas. Please submit the following with your application. All items are needed to determine if you qualify for the assistance. Incomplete packages will not be considered. Please mark the appropriate boxes next to the items that are enclosed in your application package.

APPLICATION PACKAGE
❑ Application- Complete, signed and dated (original)
PROOF OF INCOME – for ALL persons living in household over the age of 18 ❑ Federal Tax Returns- copies of the last two year’s Federal Tax Returns (all schedules) signed and dated. ❑ Employment Income- copies of the most recent one (1) months’ paycheck stub for all employed household members showing year-to-date income totals.
❑ Self-Employment Income- copy of most recent year-to-date profit and loss statement and a balance sheet prepared and signed by an accountant.

OTHER INCOME DOCUMENTATION (check those that apply):
❑ Disability- copy of Social Security Disability or a Letter from a Doctor on letterhead. ❑ Aid for Dependent Children (AFDC/WELFARE), Alimony, and/or Child Support ❑ Social Security Income- copy of most recent year’s award letter ❑ Alimony/Child Support- copy of Divorce Decree or Court Order ASSETS – For ALL persons living in the household over the age of 18 ❑ Bank Statements - copies of the most recent & consecutive two (2) months’ worth of bank statements for all asset accounts (checking, savings, stocks, bonds, retirement accounts, etc.) - ALL PAGES

PROOF OF RESIDENCY
❑ Copy of most current Utility Bill received in the last 30 days. (Electric, Gas or Water/Sewer) ❑ Copy of current lease agreement (lease agreements must be 6 months or longer) with landlord’s contact information and mailing address
❑ Proof of previous rent payments

ADDITIONAL DOCUMENTS
❑ Copy of Current California Driver’s License or Identification Card - for ALL persons living in household over the age of 18 ❑ Copy of Eviction notice, notice of past due rent or utilities ❑ Copy of Section 8 or Housing Choice Voucher documentation (if eligible) INSTRUCTIONS: The information requested is required to determine eligibility for the TBRA Program. All pages must be completed. All members of the household who are 18 years of age and older must sign and date this form, certifying that the information is true, correct and complete.

Item 3B - Page 32

Rental Assistance Income Limits
as of July 2023

HOUSEHOLD SIZE
(Number of Persons)

MAXIMUM GROSS
(Annual Income)
1 $52,200
2 $59,650
3 $67,100
4 $74,550
5 $80,550
6 $86,500
7 $92,450
8 $98,450

Item 3B - Page 33

Tenant Based Rental Assistance Program

AUTHORIZATION FOR RELEASE OF INFORMATION

CONSENT
I/We authorize and direct any Federal/State or local agency, organization, business, or individual to release to the Housing Authority of the City of Palm Springs any information or materials needed to complete and verify my application for participation, and/or to maintain my continued assistance under the Tenant Based Rental Assistance (TBRA) Program and/or other housing assistance programs. I understand and agree that this authorization or the information obtained with its use may be given to and used by the City of Palm Springs in administering and enforcing program rules and policies. I/We also consent for the City of Palm Springs to share information with other county agencies, law enforcement and code enforcement agencies.

INFORMATION COVERED
I/We understand that, depending on program policies and requirements, previous or current information regarding my household or myself may be needed. Verification and inquiries that may be requested, include, but are not limited to: Identity and Marital Status, Employment, Income and Assets, Residents and Rental Activity, Medical or Child Care Allowances, Credit and Criminal Activity.

I/We understand that this authorization cannot be used to obtain any information about me that is not pertinent to my eligibility for and continued participation in the TBRA Program.

GROUPS OR INDIVIDUALS THAT MAY BE ASKED
The groups or individuals that may be asked to release the above information (depending on program requirements) include but are not limited to:

Previous Landlords Past and Present Employers Veterans Administration Retirement Public Housing Agencies Systems

Welfare Agencies Support and Alimony Providers
Courts and Post Offices State Unemployment Agencies Banks/Financial Institutions Schools and Colleges Social Security Administration
Bureaus
Credit Providers/Credit

Law Enforcement Agencies Medical and Childcare Providers Utility Companies

COMPUTER MATCHING NOTICE AND CONSENT
I/We understand and agree that the City of Palm Springs may conduct computer -matching programs to verify the information supplied for my application or re -certification. If a computer match is done, I understand that I have a right to notification of adve rse information found and a chance to disprove incorrect information. The City of Palm Springs may in the course of its duties exchange such automated information with other Federal, State, or local agencies, including but not limited to: State Employment Security Agencies; Department of Defense, Office of Personnel Management; U.S. Postal Service; Social Security Agency; State Welfare and Food Stamp Agencies.

Item 3B - Page 34

CONDITIONS
I/We agree that a photocopy of this authorization may be used for the purpos es stated above. The original of this authorization is on file with The City of Palm Springs Housing Department and will stay in effect for one year and one month from the date signed. I/We understand I/We have a right to review my file and correct any information that I/We can prove is incorrect.

ALL HOUSEHOLD MEMBERS 18 YEARS OF AGE AND OLDER MUST COMPLETE AND SIGN:

_______________________________________________________________________________________ Signature of Head of Household Printed Name Social Security Number Date

_______________________________________________________________________________________________ Signature of Other Adult Printed Name Social Security Number Date

_______________________________________________________________________________________________ Signature of Other Adult Printed Name Social Security Number Date

_______________________________________________________________________________________________ Signature of Other Adult Printed Name Social Security Number Date

_______________________________________________________________________________________________ Signature of Other Adult Printed Name Social Security Number Date

______________________________________________________________________________________________ Signature of Other Adult Printed Name Social Security Number Date

______________________________________________________________________________________________ Signature of Other Adult Printed Name Social Security Number Date

_______________________________________________________________________________________________ Signature of Other Adult Printed Name Social Security Number Date

Item 3B - Page 35
Tenant Based Rental Assistance Program
Request for Service

Name: __________________________________ Address: ___________________________________

Rental Assistance
Monthly Rent Amount: ___________ Months Requested: _________ Full Amount Requested: _________ Deposit Amount (if applicable): _______________

Landlord/Property Manager Information:

Name: ______________________________ Email: ____________________________________

Phone Number: __________________ Address: ______________________________________

❑ I have been given an eviction notice

Utility Assistance

Utility Company: ______________________ Account Number: _________________ Months Requested: _________ Full Amount Requested: _________

Utility Company: ______________________ Account Number: _________________ Months Requested: _________ Full Amount Requested: _________

Utility Company: ______________________ Account Number: _________________ Months Requested: _________ Full Amount Requested: _________

Item 3B - Page 36

Tenant Based Rental Assistance Program
Request for Service

Name: __________________________________ Address: ___________________________________

Referring to the previous page’s request, please indicate in the space below the reason for your request.

Item 3B - Page 37

Tenant Based Rental Assistance Program

As a participant is the Tenant Based Rental Assistance Program, I understand that the City of Palm Springs will pay for rental arrears or rental assistance directly to my landlord or property management company. I understand this is a one -time assistance. I further understand that I am responsible for paying my rent for the remainder of my lease after this one -time assistance. Given my understanding of the above, I agree not to file any claim, demand or lawsuit against the City of Palm Springs, it’s elected or appointed officials, employee’s or agents arising from or related in any way whatsoever to the actions of any person in connection with the Tenant Based Rental Assistance Program.

BY SIGNING BELOW, I AM CERTIFYING THAT I HAVE READ & UNDERSTAND THE STATEMENTS LISTED ABOVE.

ALL HOUSEHOLD MEMBERS 18 YEARS AND OLDER MUST SIGN BELOW:

Date ______________________________

Signature ___________________________________________________

Signature __________________________________________________ Item 3B - Page 38

CITY COUNCIL STAFF REPORT
09/26/2023
SUBJECT:

DISCUSSION REGARDING THE CONTINUATION OF THE PARKLET PROGRAM RECOMMENDATION:

Discuss policies related to parklets and provide direction to staff.

Attachments
Item 3C

CITY COUNCIL STAFF REPORT

DATE: SEPTEMBER 26, 2023 BUSINESS & LEGISLATIVE

SUBJECT: DISCUSSION REGARDING THE CONTINUATION OF THE PARKLET

PROGRAM

FROM: Scott C. Stiles, City Manager

BY: Flinn Fagg, Deputy City Manager

SUMMARY:

This a request for City Council direction on the continuation of the parklet program. The parklet program was originally approved in August 2020, and has been extended twice.

The approval for all parklets will expire on December 31, 2023, unless extended by the City Council.

RECOMMENDATION:

Discuss policies related to parklets and provide direction to staff.

BACKGROUND:

Related Relevant City Actions
March 2020
City staff began to issue temporary Land Use Permits for outdoor dining on private property and on public sidewalks in response to COVID-19 restrictions on indoor uses.
08/20/20
The City Council discussed the issue of outdoor dining in the Palm Canyon Drive corridor and directed staff to proceed with a temporary closure of the street for a three-block area to allow dining in the street right-of-way via a temporary Land Use Permit (parklets). This three- block area was later re-opened to two lanes of traffic, while still allowing outdoor dining in the on-street parking spaces.
08/27/20 Staff began issuing temporary Land Use Permits for parklets in public rights-of-way in accordance with the City Council action. 06/10/21
The City Council discussed the issue of continuing t he parklet use, subject to the implementation of design standards, fees for parklet use, locational standards, and other operational aspects for parklets.

Item 3C - Page 1
City Council Staff Report
September 26, 2023 -- Page 2
Parklet Program

Related Relevant City Actions
07/22/21
Staff sought additional direction from City Council regarding the continuation of the parklet use, including the fee for parklet use, minimum hours of parklet use, and other operational standards.

August
2021
At the direction of City Council, a workgroup was established to assist in the development of design guidelines for parklets. Workgr oup meetings were open to the public; members of the Main Street organization, the Greater Palm Springs Bar and Restaurant Association, and various restaurant owners provided input and assisted in the development of the design guidelines.
09/09/21
The City Council adopted design guidelines for parklets based on the recommendations of the workgroup, extended the parklet use through the end of December 2022, and adopted a monthly rental fee of $1.85 per square foot for use of the public right-of-way.
09/29/22
The City Council voted 4 -0-1 to extend the parklet use through 12/31/23 and requested that staff bring back revised design guidelines and parking standards for parklets. These revisions were reviewed and approved by City Council on 11/28/22.

The City of Palm Springs allowed the establishment of “parklets,” defined as seating areas within curbside parking spaces, in August of 2020 to allow restaurants to use public space in response to emergency orders related to the COVID pandemic. While intended as a temporary measure, the parklets have proved successful in providing expanded outdoor seating areas for patrons concerned about indoor dining as well as enlivening the urban streetscape.

STAFF ANALYSIS:

The parklet use was most recently extended by City Council action in September 2022, allowing for the use to continue through December 2023. Parklet owners are subject to adopted parklet operational standards and design guidelines, and owners must pay a monthly rental fee for the parklet space based upon the occupied square footage. There is a total of nine operational parklets (see Attachment A for a list of parklets).

With all parklet permits set to expire at the end of the year, parklet owners have requested City Council consideration for the use to be extended (see Attachment B). While the persistence of COVID and the recent increase in cases suggests that outdoor dining will continue to be of interest for dining patrons, parklets and outdoor dining provide a public benefit by contributing to the vibrancy of commercial districts by activating sidewalk areas.

An associated issue for consideration is relative to alcohol service in parklets. Alcoholic beverage service in parklet areas has been temporarily allowed by the Department of Alcoholic Beverage Control (ABC) in response to the COVID-19 pandemic. However, with the lifting of emergency orders earlier this year, ABC can no longer permit alcohol service Item 3C - Page 2
City Council Staff Report
September 26, 2023 -- Page 3
Parklet Program

in parklet areas unless the parklet is a permanent use. Consequently, parklet owners are requesting that the City Council consider extending the use for a five- year period, which would satisfy ABC’s definition of permanence.

Parklet owners have offered that a longer extension would allow them to justify reinvestment in the parklet structures, such as enhancing the aesthetic appearance and functionality of the parklet. Any such enhancements would be subject to the adopted parklet design guidelines (Attachment C). Should City Council extend the parklet use, staff would recommend that the parklets continue to be removable so that the on- street parking spaces could be restored at the end of the extension period.

Extension of the parklet use would also extend the payment of rent for the on- street parking spaces occupied by the parklet. The rent for the space is $1.85 per square foot, as established by the City Council starting in January 2022. The rent assists in recouping the City’s costs associated with the additional s treet maintenance needed to clean the area around parklets.

Staff recommends that City Council consider a five-year extension of the parklet use, due to continued COVID concerns, changing ABC requirements, and the benefit that results from an active streetscape. Staff is seeking direction as to the following:

• Whether the extension should be for a five -year period or a shorter (or longer) period of time; and
• Whether the extension should only apply to existing operational parklets, or if new parklets may be permitted.

Should the City Council extend the parklet use, a resolution documenting the extension will be scheduled for approval at a future meeting.

ENVIRONMENTAL ASSESSMENT
:

This discussion and possible direction does not constitute a “project” under the California Environmental Quality Act (CEQA), as it is merely a discussion and direction regarding the continuation of an administrative program.

ALIGNMENT WITH STRATEGIC PLANNING:

The parklet and outdoor dining uses are not related to any current priorities identified by the City Council. This item is being brought forward to the City Council due to the imminent expiration of Land Use Permits for existing parklets.

Item 3C - Page 3
City Council Staff Report
September 26, 2023 -- Page 4
Parklet Program

FISCAL IMPACT:

Fees charged for use of the parklet space will continue to assist the City in recovering the costs of maintenance and utilities related to the parklet use. The parklet rental program generates approximately $9,000 per month in rental fees.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles

ATTACHMENTS:

A. List of Approved Parklets.

B. Public Correspondence.

C. Parklet Design Guidelines and Operational Standards.

Item 3C - Page 4

ATTACHMENT A

Item 3C - Page 5
List of Approved Parklets: 2023
# Name Address Status
1 Blackbook 315 E. Arenas Rd. Active
2 Casa Blanca 140 S. Palm Canyon Active
3 El Patron 101 S. Palm Canyon Dr. Active
4 Fame Cigar and Wine 155 S. Palm Canyon Dr. Active
5 Fusion Five 285 S. Palm Canyon Dr. Active
6 Las Casuelas Original 368 N. Palm Canyon Dr. Active
7 Las Casuelas Terraza 222 S. Palm Canyon Dr. Active
8 TacQuila 415 N. Palm Canyon Dr. Active
9 Thirsty Palms 134 S. Palm Canyon Dr. Active
Item 3C - Page 6

ATTACHMENT B

Item 3C - Page 7
Honorable Mayor and Council Members,
c/o Flinn Fagg

As we are quickly approaching the end of the parklet extension, our group of restaurateurs wanted to weigh in on the impact the parklets have had on our collective businesses and ask the City Council to please consider making them permanent.

When parklets were first built and modified to meet design standards, we spent tens of thousands of dollars each (with the help and guidance from the city), developing barriers, adding shade, purchasing ap propriate outdoor furniture in keeping with our brand, adding misting system, and plants.

The byproduct of parklets is that we have been able to expand staff and allow more guests to enjoy a uniquely Palm Springs experience.

People like to be outside. And they are loving parklets that are well - designed, comfortable, and maintained. Parklets that were quickly built and poorly maintained at the height of the pandemic are gone.

While annual extensions of the temporary parklet LUP have helped us manage the rollercoaster that is COVID, for us to re-invest and make them better we are asking the council to consider a level of permanence. ABC requires that all temporary dining be removed one year after the expiration of California’s State of Emergency Ord er. In that the State of Emergency was withdrawn earlier this year, all parklets must be removed by early spring under ABC rules, unless they are made permanent by the local City or County jurisdiction. Currently, many cities have adopted guidelines to keep parklets. For instance, this week, the Palo Alto city council unanimously approved a new permanent parklet ordinance.

If business owners have, for example, 5-year renewable approvals, we will have the confidence to make substantial investments which will add the quality and experience of the parklets. We trust the city staff can put together a fair plan that helps keep continuity as well as protects and maintains city values and expectations.

Very few parklets remain but those that are present have become necessary and widely used, especially by visitors during season.

Item 3C - Page 8

We thank you for your consideration in providing stability to this program so that we may make application to make our ABC permits permanent.

Very Truly Yours,

Las Casuelas Terrazza
Las Casuelas Original
Tac/Quila
Blackbook
Item 3C - Page 9

ATTACHMENT C

Item 3C - Page 10
Resolution No. 24937