Palm Springs City Council
November 21, 2024

WHEREAS, under Rule 20B, a small portion of the project (typically between 20% and 40% of total costs) is eligible (though not guaranteed) for reimbursement by the utility service provider, with the reimbursement spread across ratepayers; WHEREAS, the formation of an assessment district must follow the strict requirements of Proposition 218 (Articles XIIIC and XIIID of the California constitution); and
WHEREAS, the formation of an assessment district is a multi-stage endeavor, involving an exploratory phase, a petition phase, and a formal vote(s) before the construction phase can begin; and
WHEREAS, the formation of an assessment district is guided by the policies and procedures adopted by the governing body of the municipality in which the proposed district would reside; and
WHEREAS, the current Palm Springs Municipal Code is silent on the issue of the formation of assessment districts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

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

SECTION 2. Code Amendment. Article V, “Undergrounding of Utilities,” of the Palm Springs Municipal Code Chapter 8.04 is amended to read in full as follows. New text is marked in underline, deleted text is marked in strikethrough:
“Article V. Undergrounding of Utilities.

Division 1 – Generally.

8.04.401 New construction.

No certificate of occupancy for new buildings or structures shall be issued unless or until all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, are installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities
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Ordinance No.

8.04.402 Existing development.
(a) Utility lines of less than 35 kV and overhead service drop conductor(s), including all lines on site, abutting and transecting shall be placed underground when existing buildings or structures are remodeled or expanded where the modification increases the building footprint (exclusive of porches and patios) of an existing structure by more than 10 percent for multifamily, commercial and industrial uses and by more than 40 percent for single-family use unless undergrounding is deferred pursuant hereto.

Deferral may be permitted by the city engineer under the following circumstances: (1) if the length of line to be undergrounded is less than 300 lineal feet; or (2) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (3) if there are alternative methods of accomplishing the under-grounding; or (4) there is limited public benefit to the undergrounding.
(b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of $20,000.00 whichever is less. The undergrounding of utilities may be waived or deferred by the planning director under the following circumstances: (1) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (2) if there are alternative methods of accomplishing the undergrounding; or (3) there is limited public benefit to the undergrounding.
(c) Wherever in this section deferral of undergrounding is approved, a covenant shall be recorded, running with the land and setting forth the circumstances under which undergrounding shall be required and giving enforcement rights to the city. Among other provisions the covenant shall provide that the covenantor shall waive any right to protest the establishment of any undergrounding assessment district or other area-wide method of funding such undergrounding including any obligation to reimburse other parties for their respective share of such undergrounding cost. The city shall retain the right to underground such utilities and to receive from covenantor their respective share of such cost, and to establish a lien against the property should covenantor not pay such funds following reasonable notice.

8.04.403 Responsibility for compliance.

The developer and owner are jointly and severally responsible for complying with the requirements of this chapter and shall make the necessary arrangements with the utility companies to have such facilities, and/or equipment, properly indicated on a site plan to be submitted with the street improvement plans.

8.04.404 Appurtenances.

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Ordinance No.

For the purpose of this chapter, appurtenances and associated equipment, such as, but not limited to, transformers and terminal boxes, shall be installed underground, except in those instances where surface-mounted transformers or pedestal-mounted terminal boxes or meter cabinets, concealed ducts, or similar appurtenances are specifically permitted in aboveground locations as approved by both the city and the utility company.

8.04.405 Risers.

Risers on poles and buildings are permitted on single lot developments and shall be provided by the developer or owner on the existing pole which services said property. In no such case shall a new pole be installed, unless a hardship exists, in which case, the director of community development, or his representative, may waive this requirement.

8.04.406 Appeal.

The decision of the director of community development is appealable to the planning commission.

Sections 8.04.407–8.04.449 Reserved.

Division 2 – Underground Utility Districts.

8.04.450 Definitions.

The following words, terms, and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the California Public Utilities Commission.

Poles, overhead wires, and associated overhead structures means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located aboveground within a district and used or useful in supplying electric, communication, or similar or associated service.

Underground utility district and district mean that area in the City within which poles, overhead wires, and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to Section 8.04.452.

Utility includes all persons supplying electric, communication, or similar associated service by means of electrical materials or devices.

8.04.451 Adoption of Undergrounding Policies and Procedures.

The City Council may, from time to time, adopt by resolution those policies and procedures for the exploration, petition, and formation of underground utility Item 3B - Page 10
Ordinance No.

districts by interested residents.

8.04.452 Assessment District Formation and Formal Votes (Weighted & Parcel).

The City Council shall consider the application and/or petition of the proponents of a proposed underground utility districts, provided such application and/or petition complies with the City’s then-current policies and procedures for the formation of underground utility districts. If the City Council approves the formation, it shall adopt a resolution of initiation and direct the city engineer to prepare the required, Proposition 218-compliant Engineer’s Report identifying the special benefits the proposed undergrounding project confers to the properties. The Engineer’s Report shall determine the precise assessment amount on each property within the proposed district based upon the specific special benefit conferred upon each parcel, taking into account administrative, design, and construction costs quoted by the participating utility companies as well as financing costs, making allowances for cost overruns.

The City Council shall consider the Engineer’s Report and may approve it by resolution. In such event, the City Council shall direct the City Clerk to mail assessment ballots to all affected property owners, along with a Notice of Public Hearing, as required by Proposition 218. The ballots shall be printed in such a way as to allow affected property owners to indicate their support for, or opposition to, the proposed assessment. Property owners shall have 45 days to return the ballots, which shall be opened and tabulated at the noticed public hearing.

If a majority (50% + 1) of the returned assessment ballots are in favor of the project, as weighted by each assessment amount, the City Council will approve a resolution forming the assessment district. Otherwise, the assessment district is not formed. Regardless of whether a property owner voted to approve the formation of the assessment district, upon such formation all owners of property within the newly formed assessment district must make arrangements to pay their assigned portion of the assessment. Property owners may, within thirty days, pay all or a portion of their assessment as calculated in the Engineer’s Report and approved by a majority of the returned assessment ballots. Property owners who fail to pay the full amount within thirty days shall be liable for any unpaid amount via bond and a lien on the assessed property. Regardless of whether a property owner voted to approve the formation of the assessment district, the property owner, and their successors or assigns, is responsible for all costs of connection between the assessed real property and the resulting underground utility system, when available.”
SECTION 3. Effective Date. This ordinance shall become effective 30 days after its adoption.

SECTION 4. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law.

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Ordinance No.

SECTION 5. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS ___ DAY OF ___________________, 2024.

JEFFREY BERNSTEIN
MAYOR
ATTEST:

BRENDA PREE, MMC, CERA

CITY CLERK
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Ordinance No.

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. ___ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the __ day of _____________, 2024, and adopted at a regular meeting of the City Council held on the __ day of ______________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2024.

BRENDA PREE, MMC, CERA

CITY CLERK
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ATTACHMENT B
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RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PALM SPRINGS, CALIFORNIA ADOPTING A POLICY AND

PROCEDURAL DOCUMENT, ENTITLED UNDERGROUND

UTILITY DISTRICT FORMATION GUIDELINES FOR RULE
20B AND RULE 20C PROJECTS
WHEREAS, the City supports undergrounding overhead utility wires and poles; and
WHEREAS, undergrounding improves public safety by reducing the threat of fire, impacts from earthquakes and high wind events, and also reduces utility company maintenance costs; and
WHEREAS, undergrounding improves the aesthetics of the City; and WHEREAS, mechanisms for undergrounding utilities have been defined by the California Public Utilities Commission (CPUC) to assist private property owners to bear the cost of undergrounding through formation of utility undergrounding assessment districts under Rule 20B and Rule 20C with some potential, though not guaranteed reimbursement of a portion of costs by the utility; and WHEREAS, policies, guidelines and procedures have been developed to outline the basic considerations and steps involved in the formation of property owner funded utility undergrounding assessment districts to assist residents in financing costs associated with undergrounding electrical and communication utilities in their neighborhoods and to assist City Council, staff and consultants in coordinating such efforts.

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

SECTION 1. The City Council does hereby adopt the proposed Underground Utility District Formation Guidelines for Rule 20B and Rule 20C Projects, a copy of which is attached hereto and shall be on file with the City Clerk and available to the public for pick-up during regular business hours or by downloading from the City’s website; and SECTION 2. The said Underground Utility District Formation Guidelines for Rule 20B and Rule 20C Projects shall become effective immediately after the date of its adoption and approval; and
SECTION 3. The policies and procedures of said Underground Utility District Formation Guidelines for Rule 20B and Rule 20C Projects may be periodically updated by City Council Resolution.

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Resolution No. _____

ADOPTED THIS ___TH DAY OF ________________, _________.

SCOTT C. STILES

CITY MANAGER, CITY OF PALM SPRINGS
ATTEST:

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
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Resolution No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE

CITY CLERK, CITY OF PALM SPRINGS
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ATTACHMENT C
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Underground Utility District Formation Guidelines for
Rule 20B and Rule 20C Projects
Adopted 11-21-2024
Background and General Overview
The City supports undergrounding overhead utility wires and poles. Undergrounding improves public safety by reducing the threat of fire, impacts from earthquakes and high wind events, and reduces utility company maintenance costs. It also improves the aesthetics of our City. The following guidelines are provided to residents with a step-by-step approach to forming the required property-owner funded Underground Utility Assessment District. The formation of the Assessment District follows the strict requirement of Proposition 218 (Article XIIIC and XIIID of the California constitution).

There are several different mechanisms for undergrounding utilities as defined by the California Public Utilities Commission (CPUC). The Rule 20 program which was initiated in the 1970s was intended to assist residents, and municipalities to underground overhead electrical systems. The Rule 20A program was specifically geared toward municipal undergrounding projects, but is in the process of being phased out based on a 2023 CPUC Decision. The CPUC left Rule 20B and 20C programs intact, which entail private property owners bearing the cost of the undergrounding.

Under Rule 20A, costs were reimbursed by the utility through statewide ratepayer payments, but after the CPUC’s 2023 Decision, no additional funding for Rule 20A projects is forthcoming.

Rule 20B projects remain a viable option, requiring the implementation of an assessment district imposed on benefitting properties in order to fiscally support the undergrounding effort. The cost of the undergrounding is paid over time and assessed on each benefitting property owner’s tax roll. Under Rule 20B, a small portion of the project (typically between 20 and 40% of costs), is eligible for (though not guaranteed to receive) reimbursement by the utility. For Rule 20C projects, there is no or de minimus reimbursement of project costs by the utility.

At a general level, these policies, guidelines, and procedures (“Undergrounding Policies and Procedures”) outline the basic considerations and steps involved in forming an assessment district to finance costs associated with undergrounding utility lines. These policies are provided to guide property owners in undergrounding overhead electrical and communication utilities and provides guidance on paying for undergrounding utilities in their neighborhoods, and to assist City Council, staff, and consultants in such efforts. Given the general nature of the policies and the unique characteristics of any given proposed underground utility district, specific issues not addressed in this document will need to be reviewed and possibly addressed by City staff and Council as various districts proceed with the formation process. If any provision contained in this policy conflicts with, or is inconsistent with, any provision in Palm Springs Municipal Code, the provision contained in the Municipal Code shall govern and control.

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Rule 20B and Rule 20C Assessment District Formation
The most common financing method for property owners to finance utility undergrounding is through the creation of an assessment district established by the City under California state law.

These districts impose a special assessment on properties benefitted by undergrounding. Unless contributions are available from sources other than the City’s general fund, such as contributions from the utility under Rule 20B, property owners should expect to assume 100% of the costs of undergrounding, distributed according to the relative benefit provided to property owners by the undergrounding project.

The duration of the process will be affected by factors such as utility company responsiveness and financial condition, complexity and size of the project, City staffing priorities, and how responsive and cooperative residents are to reestablishing utility services. The cost for underground utilities typically ranges from $35,000 to $75,000 per household or higher – a cost that can usually be paid over many years. Costs vary substantially from district to district depending on a number of factors including, but not limited to, the relative benefit to each property, the size of district, terrain, distance and depth of trench, the number of overhead lines to be placed underground, labor and material costs, and inflation.

There are five phases involved in forming an undergrounding district and commencing undergrounding of utilities:

I. Exploratory Phase
II. Petition Phase
III. Assessment District Formation and Formal Votes (Weighted & Parcel) Phase IV. Calculation and Payment of Assessments Phase
V. Construction Phase
These guidelines outline the steps required to complete each phase.

I. Exploratory Phase

1.1 Obtain Packet of Information - Obtain a copy of these Utility Undergrounding Policies and Procedures from the City. This packet should include the necessary forms needed to be submitted to the City.

1.2 Form a Neighborhood Committee - Property owners should form a local committee of interested residents (Neighborhood Committee) to assist with the project. The Neighborhood Committee is responsible for organizing neighborhood meetings, gathering support, and distributing information about the project. They should provide the City with the name of the individual who is the primary point of contact.

1.3 Letter of Interest – The Neighborhood Committee shall prepare and submit a “letter of interest” with attention to the [City Engineer] at the Engineering Services Department expressing their interest in forming an underground utility assessment district. The letter should indicate that a minimum of five properties are to be included in the proposed district, and further that at least 600 linear feet of Item 3B - Page 20
overhead wire (or one block, whichever is less) is proposed to be placed underground. The letter must also include the proposed boundaries of the area for undergrounding and must be signed by property owners representing at least 60% of the properties within the proposed district.

1.4 Kick-Off Meeting – The Neighborhood Committee contacts the City of Palm Springs Engineering Department, at 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262, in order to schedule a kick-off meeting. The purpose of the meeting will be to review the Undergrounding Policies and Procedures, assist with the selection of initial project boundaries, and answer questions.

1.5 Preliminary Cost Estimate by Utility Companies – The Neighborhood Committee must also contact the utility companies to provide rough estimates for the project based on the boundaries selected during the kickoff meeting. The Neighborhood Committee shall reach out to all utilities who occupy current infrastructure, including poles, within the proposed district to acquire an estimate for their services.

Acquiring cost information from utilities could take several months and these utilities may charge a cost for their services. The City is not responsible for paying any costs associated with any exploratory work or proposal preparation. Estimates should include a conservative contingency amount to address potential unforeseen costs that may arise during construction.

The estimate should include, but is not limited to, the following:

1. Development of the Boundary Map and preliminary engineering.

2. Deposit(s) for utilities to develop a design and estimate for undergrounding their services.

3. Project management services, work costs related to the assessment district’s formation, bond counsel, bond cost development, and legal services to implement and initiate the assessment district.

4. Construction costs for installation of conduit

5. Construction costs for utilities to install and connect their facilities, including removal of poles.

6. Permitting and City staff costs to administer this assessment district, including bond fees and staff charges.

The California Public Utilities Commission (CPUC) regulates utility providers in the state. The CPUC imposes certain minimum requirements on the size of a given undergrounding project (typically based on number of parcels or minimum length of line to be undergrounded). In addition, since assessment districts require assessment engineering, public hearings, legal review, and bond costs, residents interested in smaller undergrounding projectsshould especially consider the relative costs and benefits.

1.6 Letter of Continued Interest – Based on the preliminary cost estimates from utility companies, associated City costs, and accounting for bonded interest costs, the Neighborhood Committee will determine preliminary costs per-household and Item 3B - Page 21
evaluate if there is continued support to pursue an assessment district. Should the Committee wish to continue to pursue the creation of an assessment district, it shall prepare and submit a “letter of continued interest,” expressing the interest of at least 60% of property owners within the proposed district and clearly showing the approximate per-household costs.

II. Petition Phase
The City will select and retain the services of consultants, including a Financial Advisor, Bond Counsel, and Assessment Engineer. Unless otherwise decided by the City Council, the City shall collect all funds from the Neighborhood Committee to pay these consultants – consultant costs can range from $50,000 to $100,000 or more. If the assessment district is ultimately approved by the property owners, these initial costs can be paid back as part of the assessment. These initial costs are not recouped by the Neighborhood Committee if the project does not proceed.

Moreover, the Neighborhood Committee may also fund the preparation of a specific project design, which may help prepare a more accurate cost estimate. Similarly, if the assessment district is approved by the property owners, these initial costs will be paid back as part of the assessment. Otherwise, this initial funding is not recouped by the Neighborhood Committee.

Bond Counsel prepares a formal petition to be circulated by the proponent to all affected property owners within the proposed district boundaries. The petition states the approximate assessment on each property should the assessment district be approved by the subsequent property owner balloting. Bond Counsel will work with the Financial Advisor and Assessment Engineer to develop these approximate assessments. The individual assessments are required to be a fair approximation of the overall benefits received by each property and are based on the preliminary costs received from the utility companies, city costs and bond financing. In order for the process to continue, at least 60 percent of the property owners must sign the petition document to express interest. Note that this petition is a “show of interest” and does not bind the property owner to the district – that would come only after a formal ballot proceeding (described below).

III. Assessment District Formation and Formal Votes (Weighted & Parcel) Phase Once the petition is certified by the Assessment Engineer, City staff prepares a staff report to the City Council for the Council’s approval to initiate the formation of the Underground Utility Assessment District. With City Council approval of a resolution of initiation, the Assessment Engineer is directed to prepare the required, Proposition 218- compliant Engineer’s Report identifying the special benefits that the undergrounding project confers to the properties. This Engineer’s Report also determines the precise assessment amount on each property according to the specific special benefit conferred to each parcel based upon the budget of administration, design and construction costs provided by the utility companies, as well as financing costs and allowances for cost overruns, etc. The Assessment Engineer works with the Financial Advisor to determine the precise assessment amount on each property as a lump sum and/or bond-financed installment amount.

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City Staff then submits the Preliminary Engineer’s Report to the City Council for consideration, and if approved by resolution, facilitates the mailing of the ballots to all affected property owners.

All property owners who would be subject to the proposed assessments are mailed a Notice of Public Hearing along with an assessment ballot, as required by Proposition 218. The mailed ballots allow all affected property owners to express their support for, or opposition to, the proposed assessment. Property owners have 45 days to return the ballots, which are then opened and tabulated at the noticed Public Hearing.

If a majority (50% + 1) of the returned assessment ballots are in favor of the project, as weighted by each assessment amount, the City Council will approve a resolution forming the assessment district.

If a majority of the ballots returned assessment ballots are in opposition to the project, then the assessment district is not formed.

IV. Calculation and Payment of Assessments Phase
If the balloting process described above results in a majority approving the formation of the district, all the property owners in the newly formed district must pay for the assessment, regardless of whether or not they voted in favor of district formation. Two payment methods are contemplated, and each property owner may freely select between them:

Option 1 – 30-Day Cash Payment Period: Within 30 days after the close of the public hearing, the property owner can pay the full assessment amount, or a portion thereof.

Bonds will be sold for any unpaid portion of the assessment and a lien will be placed on the property until the bond is paid in full, as otherwise detailed below.

Option 2 – Bonding: If the property owner elects to not pay, or cannot pay, any portion of the assessment amount during the 30-Day Cash Payment Period, any unpaid portion of the assessment against the property owner’s property will be financed through the issuance of bonds. Property owners and their successors in interest will pay the bonds, with assessments payable in annual installments corresponding in number and proportionate amount to the number of installments and principal amounts of bonds maturing in each year. Bonds are typically amortized over a 15-to-20-year period but can be amortized over as many as 30 years. The annual installments, along with the City’s associated administrative expenses, will be collected on the regular property tax bill.

During that time, a lien will be placed on the property until the bond amount is paid in full. Bonds incur a substantial finance charge.

Following approval of the Assessment District, the detailed design process begins involving the following steps:
• Base Mapping
• Southern California Edison electrical design
• Telephone, Cable and other Utility design
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Design may take 12 to 24 months to complete depending on the size of the proposed district and complexity of the design. Once the project is fully designed, it will be bid for construction. It is at the construction bidding stage that the revenue bonds to fund the project would be issued.

In the event there is any shortfall between the budget approved during the balloting process and the final budget required based on construction bids, property owners within the assessment district must decide whether to continue to fund the project or disband the district. In order to continue to fund the project, the property owners must select one of two options:

Option 1 – Pay Out of Pocket: The property owners can decide between and amongst themselves whether and how to fund those costs exceeding the amount budgeted for in the Engineer’s Report.

Option 2 – Amend the Engineer’s Report: The Engineer’s Report is revised, with assessment amounts updated to account for the budget shortfall. The balloting process must be completed again, with a majority (50% + 1) of property owners voting to authorize the amended assessment amounts.

V. Construction Phase
The construction phase includes activities to construct the utility undergrounding work, once the assessment district has been formed and funding is collected and/or bonds sold.

In areas outside of public right-of-way where no dedicated utility easement exists, each homeowner may be required to deed an easement to the utilities for the underground lines and structures. Legal costs related to the deeding and recording of these easements may be included in the utility’s cost for the construction.

Construction will be conducted by the utility companies and/or by a contractor. Construction may take 24 to 36 months. When construction of the underground infrastructure is completed, all property owners are notified that it is time to connect to the newly undergrounded utilities – known as the “private conversions.” Private conversions require property owners to hire a licensed electrical contractor to connect the property’s existing overhead connection to the underground infrastructure (typical at a box near the property line) and remove the above ground lines. The cost of the private conversion is not covered in the assessment amount and typical costs range from $3,500 to $7,500. It is the property owner’s responsibility to perform the conversion within the designated timeframe.

Delays caused by one property owner’s private conversion may cause delays to the whole district.

The City is not responsible for any delays.

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SAMPLE-Utility Undergrounding Neighborhood Project Letter of Interest To the City Council
City of Palm Springs, California
We the undersigned, owners of more than 60% of the parcels shown on attached Map No. , which are subject to assessment for the proposed improvement requested hereby if the District is formed and approved by property owner ballot, do respectfully petition the City Council to institute the necessary proceedings for the improvement of undergrounding of existing aerial utility facilities, including electrical, telephone, and cable television.

Improvements consist of construction of necessary substructures (trenching, conduit, manholes, and vaults) with associated engineering and administrative services and all appurtenant work thereto. There are Parcels within the proposed District.

The owners understand that if an assessment district is formed as we have petitioned, all associated costs will be assessed against those properties that will receive special benefit from the undergrounding of the utilities, and that the final annual assessment is still to be determined. The petitioners estimate the total rough estimated cost of the assessment district work is $ . The cost of converting our private property so that we can connect our residences to the underground utilities is not included in this figure and will not be financed through the assessment district, but will instead be funded by each individual property owner.

In submitting this petition we are not waiving our right (a) to object to or protest the levy of the assessments if we do not agree with the amount of the assessment proposed to be levied on our property or (b) to submit an assessment ballot in opposition to the levy of the proposed assessment on our property if we do not agree with the amount of such proposed assessment.

We are aware that we can access the City’s Undergrounding District Formation Policy on the City website, and have reviewed that Policy.

We request that the City initiate proceedings for this improvement under the combined proceedings of the "Improvement Act of 1913" and Article XIIID of the State Constitution (Prop 218).

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Property Address Owner Last
Name
(Print)
Owner First Name
(Print)
Owner Mailing
Address
Owner Signature Date
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UNDERGROUND ASSESSMENT DISTRICT DEPOSIT AND

RELEASE AGREEMENT
This Underground Assessment District Agreement (“Agreement”) is entered into effective as of , 2024 (the “Effective Date”), by and between the City of Palm Springs, a California Municipal Corporation (“City”) and (“Contributor”). City and Contributor are referred to collectively herein as the “Parties” and each individually as a “Party.”

RECITALS
A. The City supports the undergrounding of overhead utility wires and poles and has adopted policies and procedures for the formation of utility undergrounding assessment districts (“City Policy”) to assist and guide property owners in achieving undergrounding of utilities in their neighborhoods; and B. Under the City Policy, property owner proponents may seek to form a special assessment district to finance the undergrounding of utilities that service their properties by submitting a written petition to the City showing the support by the owners in the prospective district. Along with the petition, the proponents must submit an informal boundary map showing the parcels proposed to be included in the assessment district and a deposit to cover the estimated costs of district formation; and
C. The deposit for district formation costs (“Deposit”) is used to cover design, engineering, and construction cost estimates and legal advisory services that must be completed before a special assessment district may be formed. If an assessment district is formed and bonds are issued to fund the district, then the City refunds or credits the funds that made up the Deposit to the property owner proponents in proportion to their contribution; and
D. Property owners have proposed the formation of a special assessment district for the undergrounding of utilities in the area of the City (“Proposed District”). Should a petition to form the Proposed District be submitted to the City, a Deposit for preliminary formation costs must be submitted following signature verification by the City, but prior to the City Council approving any consultant contracts; and
E. If the Proposed District is approved and formed pursuant to all applicable laws and the City Policy, the Parties expect that the Proposed District will be funded through the issuance of bonds to pay for the proposed utility undergrounding work (“Proposed District Bonds”); and
F. Contributor is an owner of a parcel of real property located within the City and located within the Proposed District; and
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G. Contributor would like to contribute to the Deposit necessary to fund the district formation costs for the Proposed District.

AGREEMENT

In consideration of the foregoing recitals and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:

1. Contributor Submission of Deposit. Contributor hereby submits funds in the amount of $ as part of the Deposit for the Proposed District (“Contributor Deposit”). The Contributor Deposit will be used by the City for planning, design, engineering, and advisory activities relating to the formation of the Proposed District in the same manner and for the same purposes as the other deposits submitted by other property Contributors for the Proposed District and in accordance with the City Policy.

2. Reimbursement Obligation. If the Proposed District is formed, the Proposed District Bonds are issued, and the City receives funding from the Proposed District Bonds, upon election of the Contributor, the City will reimburse the Deposit out of the Proposed District Bonds. However, if the Proposed District is not formed or if the Proposed District Bonds are not issued and paid to the City, then Contributor will receive only the unspent amount of the Contributor Deposit, as calculated in proportion to the full Deposit for the Proposed District, as determined by the City in its sole discretion.

3. City Retains Full Discretion. Nothing in this Agreement shall be construed as a commitment by City to grant or issue any approvals, or permissions for or in connection with the Proposed District. Nothing in this Agreement limits City’s discretion, in any manner, with respect to any aspect of the Proposed District.

4. Release. Except as otherwise expressly set forth in this Agreement, the Contributor hereby agrees to hold harmless and to release and forever discharge the City, together with its City Council, agents, representatives, trustees, employees, officers, directors, partners, attorneys, successors, assigns, heirs, personal representatives and executors, and all persons, firms, associations, co-partners, co-venturers, insurers, contractors, engineers, subcontractors, subsidiaries, parents, affiliates, or corporations connected therewith, from any and all claims, debts, liabilities, demands, obligations, costs, expenses, attorneys' fees, actions, and causes of actions of every nature, character, and description, whether known or unknown, relating to and/or arising out of the formation of the Proposed District.

5. Waiver of California Civil Code Section 1542. The Contributor hereby acknowledges that it is aware of the provisions of Civil Code section 1542, which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by Item 3B - Page 28
him or her would have materially affected his or her settlement with the debtor or released party.

Having been so informed, the Contributor hereby elects to and does waive the provisions and benefits of Civil Code Section 1542 with respect to any unknown claims referenced in Section 5 above, effective upon the execution of this Agreement.

Contributor’s Initials ___

6. Entire Agreement. This Agreement constitutes the entire agreement of the Parties with respect to the matters set forth herein. Any amendments, modifications, or changes to this Agreement shall be in writing and signed by both Parties. This Agreement may not be assigned without the express written consent of the City, which consent shall not be unreasonably withheld.

7. Authorization to Execute. Each party represents that the individual signing this Agreement is authorized to bind the party on whose behalf he or she signs.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written above.

CONTRIBUTOR:

By:

Contributor (Name)
Its:

CITY:

City of Palm Springs, a California municipal
corporation
By:

City Manager

APPROVED AS TO FORM
By:

Jeff Ballinger
City Attorney
Item 3B - Page 29

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 BUSINESS & LEGISLATIVE
SUBJECT: REQUEST TO ADD CHAPTER 14.28 TO THE PALM SPRINGS

MUNICIPAL CODE RELATING TO SMALL CELL WIRELESS FACILITIES

IN THE PUBLIC RIGHTS-OF-WAY
FROM: Scott C. Stiles, City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:

The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable federal and state law regarding the placement of wireless facilities in its public rights-of-way. Chapter 14.28 will regulate the placement of small cell wireless facilities in the public rights-of-way. This ordinance sets specific procedures and requirements for obtaining an encroachment permit to install wireless facilities in public rights-of-way.

RECOMMENDATION:

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

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

OF PALM SPRINGS, CALIFORNIA, TO AMEND THE PALM SPRINGS
MUNICIPAL CODE, TITLE 14 STREETS AND SIDEWALKS, TO ADD CHAPTER

14.28, “WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY.”
BACKGROUND:

Traditionally, wireless antennas and equipment were primarily installed on large towers on private land and on the rooftops of buildings. These deployments are subject to land use review under the City’s zoning code.

In recent years, wireless providers have increasingly sought to install “small cell” wireless facilities in the public rights-of-way on utility poles, streetlights and new poles, as part of their upgrades to fifth generation or “5G” networks. The term “small cell” refers to the smaller area served by a lower-powered wireless facility placed in the public right-of-way Item 3C - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Wireless Facilities in Public Rights-of-Way
as compared to traditional “macro cell” wireless towers that distribute their signals over wider geographic areas. Today, installations in the public rights-of-way are addressed through encroachment permits. However, the City’s existing Municipal Code contains very minimal standards or regulations designed to address the unique aesthetic, safety, operational, and locational issues raised by the installation of small cell wireless facilities in the public rights-of-way.

Small cell facilities are typically attached to streetlight poles or traffic signal poles.

In addition, recent changes in federal and state law have established short time frames, or “shot clocks,” for action on applications for small cells and certain modifications to existing wireless facilities and have given applicants deemed granted remedies if the local government fails to timely act on the applications. Under these state and federal laws and regulations, the City generally must render a final decision on a small cell wireless facility application within 60 days for installations on existing structures, and 90 days for installations involving new structures. Certain modifications to existing wireless facilities, known as “eligible facilities requests,” generally must be processed within 60 days.

STAFF ANALYSIS:

To address the gap in regulations in the Palm Springs Municipal Code regarding wireless facilities in public-rights-of-way, and to ensure the City can process such applications in a timely manner, a new chapter is proposed to be added to the Palm Springs Municipal Item 3C - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Wireless Facilities in Public Rights-of-Way
Code related to such facilities. The proposed Chapter 14.28 has the goal of protecting residents from potential adverse aesthetics impacts of these facilities to preserve the visual character of the City, while providing an administrative review procedure that can meet the short decision timeframes.

The proposed ordinance:

1. Sets forth the administrative permitting process an applicant for an encroachment permit for wireless facility in the public rights-of-way must follow, including minimum application requirements and public noticing requirements. The City Engineer is responsible for reviewing and deciding on applications, with any appeals to be decided by the City Manager.

2. Establishes general standards for wireless facilities in the public rights-ofway and authorizes the City Engineer of the City of Palm Springs to develop and implement consistent with the requirements of Chapter 14.28, acceptable designs and development standards for wireless facilities in the public rights-of-way

3. Authorizes the City Engineer to develop forms for submission of applications for placement or modification of wireless facilities, and the City Council to establish application fees.

4. Establishes findings of approval for all applications subject to Chapter

14.28. 5. Sets forth standard conditions of approval that apply to all encroachment permits issued in accordance with Chapter 14.28, unless modified by the approval decision.

6. Exempts from the provisions of Chapter 14.28 certain temporary facilities such as "cell on wheels," “cell on truck” or similar structures installed in connection with an emergency or event, and facilities used for public safety purposes. These exempt facilities are nonetheless subject to all other application provisions of the Palm Springs Municipal Code.

City staff has worked with the City’s legal counsel to develop the proposed ordinance, adding Chapter 14.28 to the Palm Springs Municipal Code, to regulate the placement of wireless facilities in the public rights-of-way and now recommends the City Council introduce the ordinance for first reading.

ENVIRONMENTAL ASSESSMENT:

This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The proposed ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, should the ordinance be passed, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Item 3C - Page 3
City Council Staff Report
November 21, 2024 -- Page 4
Wireless Facilities in Public Rights-of-Way
proposed ordinance is a “project” within the meaning of State CEQA Guidelines section 15378, the proposed ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the proposed ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with the proposed ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time. Moreover, in the event that the proposed ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). A Notice of Exemption will be filed with the County Clerk of the County of Riverside within five working days of the passage and adoption of the proposed ordinance.

ALIGNMENT WITH STRATEGIC PLANNING:

This ordinance is consistent with Goal 2, “Community Infrastructure,” by facilitating the expansion of wireless coverage in the city of Palm Springs. In addition, adoption of this ordinance will bring the City into compliance with federal regulations.

REVIEWED BY:

Deputy City Manager: Flinn Fagg
City Manager: Scott Stiles
ATTACHMENTS:

A. Draft Ordinance
Item 3C - Page 4

ATTACHMENT A
Item 3C - Page 5
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF PALM SPRINGS,

CALIFORNIA TO AMEND THE PALM SPRINGS MUNICIPAL
CODE; TITLE 14 STREETS AND SIDEWALKS, TO ADD
CHAPTER 14.28, “WIRELESS FACILITIES IN PUBLIC
RIGHTS-OF-WAY.”
City Attorney’s Summary
The proposed ordinance will establish regulations pertaining to small cell wireless facilities in public rights-of-way.

Adoption of the ordinance will bring the City of Palm Springs into compliance with federal law regarding entitlements for small cell facilities.

WHEREAS, California Constitution Article XI, Section 5(a), grants charter cities, including the City of Palm Springs (“City”), the power to make and enforce all ordinances and resolutions with respect to municipal affairs; and
WHEREAS, Chapter 14.16 of the Palm Springs Municipal Code generally governs the City’s regulation of encroachments in the public rights-of-way; and WHEREAS, the City deems it to be necessary and appropriate to provide for certain standards and regulations relating to the location, placement, design, construction and maintenance of wireless telecommunications towers, antennas and other structures within the City’s public rights-of-way, and providing for the enforcement of said standards and regulations, consistent with federal and state law limitations on that authority.

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

SECTION 1: The foregoing Recitals are adopted as findings of the City Council as though set forth in fully within the body of this ordinance.

SECTION 2: The Municipal Code for the City (“Code”) shall be amended to add a new Chapter 14.28, entitled “Wireless Facilities in Public Rights-Of-Way” as follows:

CHAPTER 14.28

WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Section 14.28.010 Purpose.

The purpose of this Chapter is to establish a process for managing, and uniform standards for acting upon, requests for the placement of wireless facilities within the public rightsItem 3C - Page 6 Ordinance No. _____

of-way of the City consistent with the City’s obligation to promote the public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not incommoded by the use of the public rights-of-way for the placement of wireless facilities.

The City recognizes the importance of wireless facilities to provide high-quality communications service to the residents and businesses within the City, and the City also recognizes its obligation to comply with applicable Federal and State law regarding the placement of personal wireless services facilities in its public rights-of-way. This Chapter shall be interpreted consistent with those provisions.

Section 14.28.020 Definitions. The terms used in this Chapter shall have the following meanings:

Application: A formal request, including all required and requested documentation and information, submitted by an applicant to the City for a encroachment permit.

Applicant: A person filing an application for placement or modification of a wireless facility in the public right-of-way.

Director: The term “Director” shall mean the City Engineer of the City of Palm Springs.

Eligible Facilities Request: shall have the meaning as set forth in 47 C.F.R.

Section 1.6100(b)(3), or any successor provision.

Encroachment permit: A permit issued pursuant to this Chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the ROW; and the modification of any existing support structure to which the wireless facility is proposed to be attached.

FCC: The Federal Communications Commission or its lawful successor.

Municipal Infrastructure: City-owned or controlled property structures, objects, and equipment in the ROW, including, but not limited to, street lights, traffic control structures, banners, street furniture, bus stops, billboards, or other poles, lighting fixtures, or electroliers located within the ROW.

Permittee: any person or entity granted a encroachment permit pursuant to this Chapter.

Personal Wireless Services: shall have the same meaning as set forth in 47 U.S.C. Section 332(c)(7)(C)(i).

Personal Wireless Services Facility: means a wireless facility used for the provision of personal wireless services.

Item 3C - Page 7
Ordinance No. _____

Public Right-of-Way, or ROW: shall have the same meaning as in Section

14.16.010 of the Palm Springs Municipal Code, but shall also include any portion of any road or public way which the City has the responsibility to maintain or manage.

Small Cell Facility: shall have the same meaning as “small wireless facility” in 47 C.F.R. 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):
(1) The facility—
a. is mounted on a structure 50 feet or less in height, including antennas, as defined in 47 C.F.R. Section 1.1320(d), or b. is mounted on a structure no more than 10 percent taller than other adjacent structures, or
c. does not extend an existing structure on which it are located to a height of more than 50 feet or by more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna in 47 C.F.R. Section 1.1320(d)), is no more than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than 28 cubic feet in volume;
(4) The facility does not require antenna structure registration under 47 C.F.R. Part 17;
(5) The facility is not located on Tribal lands, as defined under 36 C.F.R.

Section 800.16(x); and
(6) The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 C.F.R. Section 1.1307(b).

Support Structure: Any structure capable of supporting a base station.

Underground areas: Those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the public right of way; or where Item 3C - Page 8
Ordinance No. _____

the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground.

Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.

Utility Pole: A structure in the ROW designed to support electric, telephone and similar utility lines. A tower is not a utility pole.

Wireless Facility, or Facility: The transmitters, antenna structures and other types of installations used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).

Wireless Infrastructure Provider: A person that owns, controls, operates or manages a wireless facility or portion thereof within the ROW.

Wireless Regulations: Those regulations adopted pursuant to Section 5 and implementing the provisions of this Chapter.

Wireless Service Provider: An entity that provides personal wireless services to end users.

Section 14.28.030 Scope.

A. In general. Unless exempted, every person who desires to place a wireless facility in the public rights-of-way or modify an existing wireless facility in the public rights-of-way must obtain an encroachment permit authorizing the placement or modification in accordance with this Chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by state or federal law, no other wireless facilities shall be permitted pursuant to this Chapter.

B. Exemptions. This Chapter does not apply to:
(1) The placement or modification of facilities by the City or by any other agency of the state solely for public safety purposes.
(2) Installation of a "cell on wheels," “cell on truck” or a similar structure for a temporary period in connection with an emergency or event, but no longer than required for the emergency or event, provided that installation does not involve excavation, movement, or removal of existing facilities.

C. Other applicable requirements. In addition to the encroachment permit required herein, the placement of a wireless facility in the ROW requires the Item 3C - Page 9
Ordinance No. _____

persons who will own or control those facilities to obtain all permits required by applicable law, and to comply with applicable law, including, but not limited to, applicable law governing radio frequency (RF) emissions.

D. Pre-existing Facilities in the ROW. Any wireless facility already existing in the ROW as of the date of this Chapter’s adoption shall remain subject to the standards and conditions of the City Code in effect prior to this Chapter, unless and until a renewal of such facility’s then-existing permit is granted, at which time the provisions of this Chapter shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such pre-existing facilities shall be conducted pursuant to this Chapter, rather than the portion(s) of the City Code that it was previously reviewed under.

E. Public use. Except as otherwise provided by California law, any use of the public right-of-way authorized pursuant to this Chapter will be subordinate to the City’s use and use by the public.

Section 14.28.040 Administration.

A. Director. The Director or their designee is responsible for administering this Chapter. As part of the administration of this Chapter, the Director may:
(1) Interpret the provisions of this Chapter;
(2) Develop and implement standards governing the placement and modification of wireless facilities consistent with the requirements of this Chapter, including regulations governing collocation and resolution of conflicting applications for placement of wireless facilities;
(3) Develop and implement acceptable designs and development standards for wireless facilities in the public rights-of-way, taking into account the zoning districts bounding the public rights-of-way; (4) Develop forms and procedures for submission of applications for placement or modification of wireless facilities, and proposed changes to any support structure consistent with this Chapter; (5) Determine the amount of and collect, as a condition of the completeness of any application, any fee established by this Chapter;
(6) Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations; Item 3C - Page 10
Ordinance No. _____

(7) Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(8) Require, as part of, and as a condition of completeness of any application, notice to members of the public that may be affected by the placement or modification of the wireless facility and proposed changes to any support structure;
(9) Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and (10) Take such other steps as may be required to timely act upon applications for placement of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

B. Appeal
(1) Notwithstanding Chapter 2.05 of the Palm Springs Municipal Code, any person adversely affected by the decision of the Director pursuant to this Chapter may appeal the Director’s decision to the City Manager, who may decide the issues de novo, and whose written decision will be the final decision of the City. An appeal by a wireless infrastructure provider must be taken jointly with the wireless service provider that intends to use the personal wireless services facility. All appeals must be filed within two (2) business days of the written decision of the Director, unless the Director extends the time therefore. An extension may not be granted where extension would result in approval of the application by operation of law. All appeals shall be filed in writing with the City Clerk.
(2) Where the Director grants an application based on a finding that denial would result in a prohibition or effective prohibition under applicable federal law, the Director shall automatically file the decision with the City Clerk for de novo review by the City Manager and final decision.
(3) Any appeal shall be conducted so that a timely written final decision may be issued in accordance with applicable law.

Section 14.28.050 General Standards for Wireless Facilities in the Public Rightsof-Way.

Item 3C - Page 11
Ordinance No. _____

A. Generally. Wireless facilities in the ROW shall meet the minimum requirements set forth in this Chapter and the wireless regulations, in addition to the requirements of any other applicable law.

B. Minimum Standards. Wireless facilities shall be installed and modified in a manner that minimizes risks to public safety, avoids placement of aboveground facilities in underground areas, avoids installation of new support structures or equipment cabinets in the public rights-of-way, and otherwise maintains the integrity and character of the neighborhoods and corridors in which the facilities are located; ensures that installations are subject to periodic review to minimize the intrusion on the rights of way; and ensures that the City bears no risk or liability as a result of the installations, and that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the City or other government agencies to improve, modify, relocate, abandon, or vacate the public rights of way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights of way.

C. Location Preferences. All applicants should, to the extent feasible, collocate new facilities and substantial changes to existing facilities with existing facilities.

D. Design Standards. Permits for personal wireless services facilities shall incorporate specific concealment elements to minimize visual impacts and design requirements ensuring compliance with all standards for noise emissions. Unless it is determined that another design is less intrusive or placement is required under applicable law, wireless facilities shall be consistent in color and materials to the existing facilities on which it is collocated.

Section 14.28.060 Applications.

A. Submission. Unless the wireless regulations provide otherwise, applicant shall submit a paper copy and an electronic copy of any application, amendments, or supplements to an application, or responses to requests for information regarding an application to: Public Works Director, at 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262.

B. Pre-application meeting. Prior to filing an application for an encroachment permit, an applicant is encouraged to schedule a preapplication meeting with the Director to discuss the proposed facility, the requirements of this Chapter, and any potential impacts of the proposed facility.

C. Content. An application must contain:

Item 3C - Page 12
Ordinance No. _____

(1) Any information required pursuant to the wireless regulations; (2) The name of the applicant, its telephone number and contact information, and if the applicant is a wireless infrastructure provider, the name and contact information for the wireless service provider that will be using the personal wireless services facility; (3) A complete description of the proposed wireless facility and the work that will be required to install or modify it, including, but not limited to, detail regarding proposed excavations, if any; detailed site plans showing the location of the wireless facility, and specifications for each element of the wireless facility, clearly describing the site and all structures and facilities at the site before and after installation or modification; and describing the distance to the nearest residential dwelling unit and any historical structure within 500 feet of the facility.

Before and after 360-degree photosimulations must be provided. (4) Documentation sufficient to show that the proposed facility will comply with generally applicable health and safety provisions of the City Code and the FCC’s radio frequency emissions standards. (5) A copy of the lease or other agreement between the applicant and the owner of the property to which the proposed facility will be attached.
(6) If the application is for a small cell facility, the application shall state as such and shall explain why the proposed facility meets the definition of small cell facility in this Chapter.
(7) If the application is for an eligible facilities request, the application shall state as such and must contain information sufficient to show that the application qualifies as an eligible facilities request, which information must show that there is an existing wireless facility that was approved by the City. Before and after 360-degree
photosimulations must be provided, as well as documentation sufficient to show that the proposed facility will comply with generally applicable health and safety provisions of the City Code and the FCC’s radio frequency emissions standards.
(8) Proof that notice has been mailed to owners and residents of all properties and multifamily dwelling unit(s) within 300 feet of the proposed personal wireless services facility.
(9) If applicant contends that denial of the application would prohibit or effectively prohibit the provision of service in violation of federal law, Item 3C - Page 13
Ordinance No. _____

or otherwise violate applicable law, the application must provide all information on which the applicant relies on in support of that claim.

Applicants are not permitted to supplement this showing if doing so would prevent City from complying with any deadline for action on an application.
(10) The electronic version of an application must be in a standard format that can be easily uploaded on a web page for review by the public. (11) Any required fees.

D. Fees. Application fee(s) shall be required to be submitted with any application for an encroachment permit. The City Council is hereby authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution.

Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for an encroachment permit unless paid as a refundable deposit.

E. Incompleteness. For personal wireless facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with state, local, and federal law. If such an application is incomplete, the Director may notify the applicant in writing, and specifying the material omitted from the application.

Section 14.28.070 Findings; Decisions; Consultants.

A. Findings Required for Approval.
(1) Except for eligible facilities requests, the Director or City Manager, as the case may be, shall approve an application if, on the basis of the application and other materials or evidence provided in review thereof, it finds the following:
a. The facility is not detrimental to the public health, safety, and welfare;
b. The facility complies with this Chapter and all applicable design and development standards or grant of an exception is warranted; and
c. The facility meets applicable requirements and standards of state and federal law.
(2) For eligible facilities requests, the Director or City Manager, as the case may be, shall approve an application if, on the basis of the Item 3C - Page 14
Ordinance No. _____

application and other materials or evidence provided in review thereof, it finds the following:
a. That the application qualifies as an eligible facilities request; and
b. That the proposed facility will comply with all generally applicable laws.

B. Findings required for exceptions. An exception to the requirements of this Chapter may be granted, if it is determined that applicant has established that denial of an application would, within the meaning of federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable state or federal laws or regulations.

If that determination is made, an exception may be granted but only to the minimum extent required to avoid the prohibition or violation.

C. Decisions. Decisions on an application by the Director or City Manager shall be in writing and include the reasons for the decision.

D. Independent Consultants. The Director or City Manager, as the case may be, is authorized, in its discretion, to select and retain independent consultant(s) with expertise in telecommunications in connection with the review of any application under this Chapter. Such independent consultant review may be retained on any issue that involves specialized or expert knowledge in connection with an application, including, but not limited to, application completeness or accuracy, structural engineering analysis, or compliance with FCC radio frequency emissions standards.

Section 14.28.080 Conditions of Approval.

A. Generally. In addition to any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits granted pursuant to this Chapter shall be subject to the following conditions, unless modified by the approving authority:
(1) Code Compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules, including, without limitation, those applying to use of public rights-of-way.
(2) Permit Duration. An encroachment permit shall be valid for a period of ten (10) years, unless pursuant to another provision of the Code or these conditions, it expires sooner or is terminated. At the end of ten (10) years from the date of issuance, such Permit shall automatically expire, unless an extension or renewal has been Item 3C - Page 15
Ordinance No. _____

granted. A person holding an encroachment permit must either (1) remove the facility within thirty (30) days following the permit’s expiration (provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City); or (2) at least ninety (90) days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility may remain in place until it is acted upon by the City and all appeals from the City’s decision exhausted.
(3) Timing of Installation. The installation and construction authorized by an encroachment permit shall begin within one (1) year after its approval, or it will expire without further action by the City. The installation and construction authorized by an encroachment permit shall conclude, including any necessary post-installation repairs and/or restoration to the ROW, within thirty (30) days following the day construction commenced.
(4) Commencement of Operations. The operation of the approved facility shall commence no later than one (1) month after the completion of installation, or the encroachment permit will expire without further action by the City.
(5) As-Built Drawings. The Permittee shall submit an as-built drawing within ninety (90) days after installation of the facility. (6) Inspections; Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon 48 hours prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the City. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The city shall make an effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.
(7) Contact. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person.

Item 3C - Page 16
Ordinance No. _____

(8) Insurance. Permittee shall obtain and maintain throughout the term of the permit commercial general liability insurance with a limit of $1,000,000 per occurrence for bodily injury and property damage and $2,000,000 general aggregate including premises operations, contractual liability, personal injury, and products completed operations. The relevant policy(ies) shall name the City, its elected/appointed officials, commission members, officers, representatives, agents, and employees as additional insureds.

Permittee shall use its best efforts to provide [thirty (30) days’] prior notice to the City of to the cancellation or material modification of any applicable insurance policy.
(9) Indemnities. The permittee and, if applicable, the owner of the property upon which the wireless facility is installed shall defend, indemnify and hold harmless the City, its agents, officers, officials, and employees (i) from any and all damages, liabilities, injuries, losses, costs, and expenses, and from any and all claims, demands, law suits, writs of mandamus, and other actions or proceedings brought against the city or its agents, officers, officials, or employees to challenge, attack, seek to modify, set aside, void or annul the city’s approval of the permit, and (ii) from any and all damages, liabilities, injuries, losses, costs, and expenses, and any and all claims, demands, law suits, or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the property owner or any of each one’s agents, employees, licensees, contractors, subcontractors, or independent contractors. In the event the city becomes aware of any such actions or claims the city shall promptly notify the permittee and, if applicable, the property owner and shall reasonably cooperate in the defense. The City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City’s defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Such indemnification obligations will survive the expiration, revocation or other termination of this permit. (10) Performance Bond. Prior to issuance of an encroachment permit, the permittee shall file with the city, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to the cost of physically removing the facility and all related facilities and equipment on the site, based on the higher of two contractor’s Item 3C - Page 17
Ordinance No. _____

quotes for removal that are provided by the permittee. The permittee shall reimburse the city for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City Council. Reimbursement shall be paid when the security is posted and during each administrative review.
(11) Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility. (12) Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No structure, improvement, or property owned by the City shall be moved to accommodate a permitted activity or encroachment, unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the Permittee pays all costs and expenses related to the relocation of the City's structure, improvement, or property. Prior to commencement of any work pursuant to an encroachment permit, the Permittee shall provide the City with documentation establishing to the city's satisfaction that the Permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or city utility easement to be affected by Permittee's facilities. (13) No Right, Title, or Interest. The permission granted by a encroachment permit shall not in any event constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in Permittee by reason of a encroachment permit or the issuance of any other permit or exercise of any privilege given thereby.
(14) No Possessory Interest. No possessory interest is created by a encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, Permittee acknowledges that City has given to Permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any and all possessory interact taxes or other taxes, fees, and assessments levied against Permittee’s Item 3C - Page 18
Ordinance No. _____

right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.
(15) General Maintenance. The site and the facility, including, but not limited to, all landscaping, fencing, and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans. All graffiti on facilities must be removed at the sole expense of the permittee within forty-eight (48) hours after notification from the City.
(16) RF Exposure Compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must certify actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general
population/uncontrolled RF exposure in all sectors. For this certification, the transmitter shall be operating at maximum operating power.
(17) Testing. Testing of any equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.
(18) Modifications. No changes shall be made to the approved plans without review and approval in accordance with this Chapter. (19) Agreement with City. If not already completed, permittee shall enter into the appropriate agreement with the City, as determined by the City, prior to constructing, attaching, or operating a facility on Municipal Infrastructure. This permit is not a substitute for such agreement.
(20) Conflicts with Improvements. For all facilities located within the ROW, the permittee shall remove or relocate, at its expense and without expense to the city, any or all of its facilities when such removal or relocation is deemed necessary by the city by reason of any change of grade, alignment, or width of any right-of-way, for installation of services, water pipes, drains, storm drains, power or signal lines, traffic control devices, right-of-way improvements, or for any other construction, repair, or improvement to the right-of-way.

Item 3C - Page 19
Ordinance No. _____

(21) Abandonment. If a facility is determined by the Director not to be operating, the wireless facility authorized by the encroachment permit and any other permit or approval therefor shall be deemed abandoned and the permits terminated automatically, unless (i) the facility has resumed operations within ninety (90) days from a written notice from the Director, or (ii) the City has received an application to transfer the permit(s) to another service provider. No later than thirty (30) days from the date the facility is determined to have been abandoned or the permittee has notified the Director of its intent to vacate the site, the permittee shall remove all equipment and improvements associated with the use and shall restore the site to its original condition to the satisfaction of the Director. The permittee shall provide written verification of the removal of the facilities within thirty (30) days of the date the removal is completed. If the facility is not removed within thirty (30) days after the permit has been terminated pursuant to this subsection, the site shall be deemed to be a nuisance, and the City may cause the facility to be removed at permittee’s expense or by calling any bond or other financial assurance to pay for removal. If there are two (2) or more users of a single facility or support structure, then this provision shall apply to the specific elements or parts thereof that were abandoned, but will not be effective for the entirety thereof until all users cease use thereof.
(22) Encourage Co-location. Where the facility site is capable of accommodating a co-located facility upon the same site in a manner consistent with the permit conditions for the existing facility and the City Code, the owner and operator of the existing facility shall allow co-location of third-party facilities, provided the parties can mutually agree upon reasonable terms and conditions.
(23) Records. The permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the facility, which includes without limitation this approval, the approved plans and photo simulations incorporated into this approval, all conditions associated with this approval and any ministerial permits or approvals issued in connection with this approval. In the event that the permittee does not maintain such records as required in this condition or fails to produce true and complete copies of such records within a reasonable time after a written request from the city, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.
(24) Attorney’s Fees. In the event the City determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a Item 3C - Page 20
Ordinance No. _____

permit, and such legal action is taken, the Permittee shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with Permittee to waive said fees or any part thereof. The foregoing shall not apply if the Permittee prevails in the enforcement proceeding.

B. Eligible Facilities Requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits for an eligible facility requests granted pursuant to this Chapter shall be subject to the following additional conditions, unless modified by the approving authority:
(1) Permit subject to conditions of underlying permit. Any permit granted in response to an application qualifying as an eligible facilities request shall be subject to the terms and conditions of the permit for the existing tower or base station.
(2) No permit term extension. The city’s grant or grant by operation of law of an eligible facilities request permit constitutes a federally mandated modification to the subject tower or base station.

Notwithstanding any permit duration established in another permit condition, the city’s grant or grant by operation of law of a eligible facilities request permit will not extend the permit term for the existing tower or base station, and this permit’s term shall be coterminous with the existing permit or other regulatory approval for the subject tower or base station.
(3) No waiver of standing. The city’s grant or grant by operation of law of an eligible facilities request does not waive, and shall not be construed to waive, any standing by the city to challenge Section 6409(a) of the Spectrum Act, any FCC rules that interpret Section 6409(a) of the Spectrum Act, or any modification to Section 6409(a) of the Spectrum Act.

C. Small Cell Facilities Requests. In addition to the conditions provided in Section 9(a) of this Chapter and any supplemental conditions imposed by the Director or City Manager, as the case may be, all permits for a small cell facility granted pursuant to this Chapter shall be subject to the following condition, unless modified by the approving authority:
(1) No waiver of standing. The city’s grant of a permit for a small cell facility request does not waive, and shall not be construed to waive, any standing by the city to challenge any FCC orders or rules related Item 3C - Page 21
Ordinance No. _____

to small cell facilities, or any modification to those FCC orders or rules.

Section 14.28.090 Breach; Termination of Permit.

A. For breach. An encroachment permit may be revoked for failure to comply with the conditions of the permit or applicable law. Upon revocation, the wireless facility must be removed; provided that removal of a support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City.

All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

B. For installation without a permit. A wireless facility installed without an encroachment permit (except for those exempted by this Chapter) must be removed; provided that removal of support structure owned by City, a utility, or another entity authorized to maintain a support structure in the right of way need not be removed, but must be restored to its prior condition, except as specifically permitted by the City. All costs incurred by the City in connection with the revocation and removal shall be paid by entities who own or control any part of the wireless facility.

C. Municipal Infraction. Any violation of this Chapter will be subject to the same penalties as described in Section 1.01.140 of the Palm Springs Municipal Code.

Section 14.28.100 Infrastructure Controlled by City. The City, as a matter of policy, will negotiate agreements for use of Municipal Infrastructure. The placement of wireless facilities on those structures shall be subject to the agreement. The agreement shall specify the compensation to the City for use of the structures. The person seeking the agreement shall additionally reimburse the City for all costs the City incurs in connection with its review of, and action upon the person’s request for, an agreement.

Section 14.28.110 Nondiscrimination. In establishing the rights, obligations and conditions set forth in this Chapter, it is the intent of the City to treat each applicant or public right-of-way user in a competitively neutral and nondiscriminatory manner, to the extent required by law, and with considerations that may be unique to the technologies, situation and legal status of each particular applicant or request for use of the public rights-of-way.

SECTION 3: The Director, or their delegate, is directed to execute all documents and to perform all other necessary City acts to implement effect this Ordinance.

SECTION 4: CEQA. This Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because Item 3C - Page 22
Ordinance No. _____

it has no potential for resulting in physical change in the environment, directly or indirectly. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City’s boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a “project” within the meaning of State CEQA Guidelines section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt CEQA because the City Council’s adoption of the Ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, § 15061(b)(3)). That is, approval of the Ordinance will not result in the actual installation of any facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility. At that time, the City will have specific and definite information regarding the facility to review in accordance with CEQA. And, in fact, the City will conduct preliminary review under CEQA at that time.

Moreover, in the event that the Ordinance is interpreted so as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA review in accordance with either State CEQA Guidelines section 15302 (replacement or reconstruction), State CEQA Guidelines section 15303 (new construction or conversion of small structures), and/or State CEQA Guidelines section 15304 (minor alterations to land). The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of Riverside within five working days of the passage and adoption of the Ordinance.

SECTION 5: Severability. If any section, subsection, provision, sentence, clause, phrase or word of this Ordinance is for any reason held to be illegal or otherwise invalid by any court of competent jurisdiction, such invalidity shall be severable, and shall not affect or impair any remaining section, subsection, provision, sentence, clause, phrase or word included within this Ordinance, it being the intent of the City that the remainder of the Ordinance shall be and shall remain in full force and effect, valid, and enforceable.

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

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

JEFFREY BERNSTEIN
MAYOR
ATTEST:

Item 3C - Page 23
Ordinance No. _____

BRENDA PREE, MMC

CITY CLERK
Item 3C - Page 24
Ordinance No. _____

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

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

BRENDA PREE, MMC

CITY CLERK
Item 3C - Page 25

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024 BUSINESS & LEGISLATIVE
SUBJECT: INTRODUCTION OF AN ORDINANCE ENTITLED “AN ORDINANCE OF

THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE CHAPTER 11.44, MODIFYING SIGNAGE

POSTING REQUIREMENTS AT PARKS AND RECREATION AREAS
FROM: Scott C. Stiles, City Manager
BY: Lauri Aylaian, Interim Director of Parks and Recreation SUMMARY:

This proposed Ordinance will amend the Palm Springs Municipal Code to modify signage posting requirements at Parks and Recreation areas from every one-hundred feet to requiring signs at main entrances and at the City Manager’s or their designee’s discretion.

RECOMMENDATION:

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

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

OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE CHAPTER 11.44 MODIFYING SIGNAGE POSTING
REQUIREMENTS AT PARKS AND RECREATION AREAS.”
BACKGROUND:

On July 25, 2024, the Palm Springs City Council adopted Ordinance No. 2099 relating to regulating encampments and sleeping on public property. Ordinance No. 2099 prohibits unauthorized encampments and sleeping upon any public property, including any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager. City staff had begun the process of updating signage at park and recreation areas providing the public with notice of the regulations of Ordinance No. 2099.

Currently, Palm Springs Municipal Code (PSMC) Chapter 11.44 requires signage to be posted every one-hundred feet, and staff has found that this would burden the use of park and recreation areas. Parks and Recreation, Engineering Services and the Department of Special Program Compliance met to discuss the placement of signage in City Parks to Item 3D - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Ordinance Amending Chapter 11.44 PSMC

allow enforcement and the requirements of PSMC Sections 11.44.040, 11.44.060 and

11.44.080 regarding six or more people congregating in public parks, park hours and loitering.

The existing PSMC Section 11.44.040 and 11.44.080 subsection (h) (5) states that “Signs shall be posted every one-hundred feet”. This provides for a prohibitive number of signs that would be required to be placed in the park and it would appear that they would create both visual and functional issues. For example, how can there be signs every 100’ on a soccer or baseball field?
STAFF ANALYSIS:

This ordinance is a technical update to the City’s Municipal Code amending specific sections of Chapter 11.44 to require signage at the main entrances of park and recreation areas and at the City Manager’s or their designee’s discretion.

Section 11.44.030(c)(5) of the Palm Springs Municipal Code relating to exclusion of public from specific areas is hereby amended to read as follows:
“11.44.030(c)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
Section 11.44.040(h)(5) of the Palm Springs Municipal Code relating to exclusion of public from specific areas is hereby amended to read as follows:
“11.44.040(h)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
Section 11.44.080(b)(5) of the Palm Springs Municipal Code relating to exclusion of public from specific areas is hereby amended to read as follows:
“11.44.080(b)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
The changes outlined above would allow for the installation of signage required to enforce Ordinance No. 2099 relating to regulating encampments and sleeping on public property.

ENVIRONMENTAL ASSESSMENT:

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

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

Item 3D - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Ordinance Amending Chapter 11.44 PSMC

ALIGNMENT WITH STRATEGIC PLANNING:

This action aligns with City Council Priority 1 – Quality of Life.

FISCAL IMPACT:

The cost to replace the required signage is anticipated to be less than $5,000 and will require the use of Parks Maintenance account 1006540-40105.

REVIEWED BY:

Interim Director of Parks & Recreation: Lauri Aylaian
Assistant City Manager: Teresa Gallavan
City Manager: Scott Stiles
ATTACHMENTS:

A. Amended Ordinance
Item 3D - Page 3

ATTACHMENT A
Item 3D - Page 4
ORDINANCE NO.

AN ORDINANCE OF THE CITY OF PALM SPRINGS,

CALIFORNIA, AMENDING THE PALM SPRINGS
MUNICIPAL CODE CHAPTER 11.44 MODIFYING SIGNAGE

POSTING REQUIREMENTS AT PARKS AND RECREATION
AREAS.

City Attorney’s Summary
This Ordinance amends the Palm Springs Municipal Code to modify signage posting requirements at parks and recreation areas from every one hundred feet to requiring signs at main entrances and at the City Manager’s or their designee’s discretion.

THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:

A. On July 25, 2024 the Palm Springs City Council adopted Ordinance No. 2099 relating to regulating encampments and sleeping on public property; and B. Ordinance No. 2099 prohibits unauthorized encampments and sleeping upon any public property, including any street, sidewalk, park, open space, waterway, and banks of a waterway, unless specifically authorized by the City Manager, and C. City staff has begun the process of updating signage at park and recreation areas providing the public with notice of the regulations of Ordinance No. 2099; and D. Currently, Chapter 11.44 requires signage to be posted every one hundred feet, and staff has found that this would burden the use of park and recreation areas; and E. This ordinance is a technical update to the City’s Municipal Code amending specific sections of Chapter 11.44 to require signage at the main entrances of park and recreation areas and at the City Manager’s or their designee’s discretion.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:

SECTION 1. Code Amendment. Section 11.44.030(c)(5) of the Palm Springs Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.030(c)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTION 2. Code Amendment. Section 11.44.040(h)(5) of the Palm Springs Item 3D - Page 5
Ordinance No.

Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.040(h)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTION 3. Code Amendment. Section 11.44.080(b)(5) of the Palm Springs Municipal Code relating to Exclusion of public from specific areas is hereby amended to read as follows:
“11.44.080(b)(5). (5) Signs shall be posted every one hundred feet Signs shall be posted at main entrances and at the City Manager’s or their designee’s discretion; and”
SECTION 4. Certification. The Mayor shall sign, and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of applicable law; this Ordinance shall take effect thirty (30) days after passage.

PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS __ DAY OF __________, 2024.

JEFFREY BERNSTEIN
MAYOR
ATTEST:

BRENDA PREE, MMC, CERA

CITY CLERK
Item 3D - Page 6
Ordinance No.

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, do hereby certify that Ordinance No. ___ is a full, true, and correct copy, and was introduced by the City Council at a regular meeting held on the __ day of _______, 2024, and adopted at a regular meeting of the City Council held on the __ day of _______, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, 2024.

BRENDA PREE, MMC

CITY CLERK
Item 3D - Page 7

CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 21, 2024
SUBJECT: HUMAN RIGHTS COMMISSION SUBCOMMITTEE REPORT

FROM: Mayor Jeffrey Bernstein and Councilmember Grace Garner BY: Jeremy Hammond, Deputy City Manager
SUMMARY:

This report provides a summary of feedback received by a subcommittee of the City Council regarding an update to the scope of the Human Rights Commission.

RECOMMENDATION:

That the City Council discuss and provide direction to staff to work with the subcommittee to prepare a draft ordinance amending Chapter 2.45, Human Rights Commission, of the Palm Springs Municipal Code.

BACKGROUND:

Pursuant to Chapter 2.45 of the Palm Springs Municipal Code (Attachment A), there is a Human Rights Commission (HRC). The nine (9) member Commission is tasked with various responsibilities including:
- Conducting programs to bring groups together to close gaps from past discriminatory practices
- Mediate disagreements between individuals
- Process complaints that cannot be resolved through mediation - Maintain data on hate crimes
The Municipal Code also provides the Commission the power and duty to:
- Prepare educational materials
- Consult with other agencies
- Make written recommendations to the City Council concerning the development and implementation of programs
- Investigate incidents of discrimination
Item 3E - Page 1
City Council Staff Report
November 21, 2024 -- Page 2
Human Rights Commission Subcommittee
- Refer matters not addressed through mediation to appropriate prosecutorial agency
- Support and participate in activities that bring together various factions and viewpoints
Chapter 2.45 also provides various rights to those individuals in a domestic partnership that is filed with the Office of the City Clerk.

At the City Council meeting of May 23, 2024, the Council discussed some concerns regarding the Commission and a potential lack of direction and involvement from the City Council. The City Council believed it was necessary to intervene and help facilitate a process to reimagine the Commission. Following a robust discussion, the Council voted to limit the work of the Human Rights Commission to focus solely on an update to the mission and goals of the Commission leading to a revision of the Municipal Code. The Council also directed that the Commission take on no new business, rather focus solely on providing input to a subcommittee of the City Council on this matter.

STAFF ANALYSIS:

City staff met with the Human Rights Commission and helped facilitate multiple discussions regarding the current roles and duties of the Commission. During these discussions, the Commission recalled many positive historical accomplishments as well as provided an understanding of their current functioning. The Commission expressed concerns that they lacked formal direction or involvement from the City Council. Staff liaison to the Commission collected written and oral comments from the Commission members regarding their vision for the mission and duties of the Commission going into the future. The staff liaison also met with some Commissioners in person to solicit additional feedback. A consolidated list of feedback and examples of other jurisdictions’ commission documents were collected and shared with all the Commissioners (Attachment B).

A City Council subcommittee consisting of Mayor Bernstein and Councilmember Garner met with the Commission multiple times. The subcommittee was provided with the consolidated feedback to assist as they listened to the Commissioners at their meetings.

Consistent feedback from the Commission includes the following:
- Laws have evolved since the development of the Human Rights Commission and there are now many laws that protect individuals that were subject to the protections afforded by the Commission
- The Commission should focus on Human Services rather than Human Rights - The Commission should engage with various social service providers in the Coachella Valley
- The Commission should become more familiar with the various charities and nonprofit organizations that provide services in the Valley - The Commission should help educate the community and connect them with Item 3E - Page 2
City Council Staff Report
November 21, 2024 -- Page 3
Human Rights Commission Subcommittee
appropriate social services, charities and non-profit organizations - The Commission should provide feedback and recommendations to the City Council to help positively impact the quality of life in the City During the discussion, it became apparent that there are concerns that many in the City are unaware of the social services that are available for oftentimes little or no cost. For those that happen to be aware of the services, there are sometimes issues and impediments to accessing the services. A reimagined HRC could provide a vital role in bridging this existing gap between some of our most vulnerable residents and available and necessary services and resources.

Although the HRC initially had a role in hearing and mediating complaints of discrimination, the legal landscape has changed. There are now laws in place that are the appropriate venue for addressing complaints of discrimination including the Fair Employment and Housing Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and many others.

The HRC is not a formally budgeted commission nor are they provided with full-time staff resources other than a staff liaison through the City Manager’s Office. This fact differentiates the HRC from some of the other commissions that were reviewed during this process. To address monetary concerns, the HRC could play a role in exploring grant opportunities that could assist the HRC and the City is providing enhanced or perhaps new social services to the community.

Potentially transforming to a human services model, the Commission could be much more engaged and familiar with the various non-profits that provide services in the community.

By focusing their energy on the familiarity of these services, the Commission could be more present and forward facing in the community. This has the potential of providing a positive and uplifting benefit to the community. This could include attendance and participation in various wellness fairs, parades and other community events. The Commission could partner with the City’s communications team and utilize www.engagepalmsprings.com to educate and direct residents to available services. As the HRC continues to learn about various service providers, a database could be built and made available to our residents.

A draft of this report was provided to the HRC to review at their November 12, 2024, meeting. While there was no quorum of the HRC and the meeting did not occur, the Commissioners who were present proceeded with a discussion of the draft report and listened to comments from the public. Written comments from the Vice-Chair of the HRC are provided as Attachment C.

ENVIRONMENTAL ASSESSMENT:

Not Applicable.

Item 3E - Page 3
City Council Staff Report
November 21, 2024 -- Page 4
Human Rights Commission Subcommittee
ALIGNMENT WITH STRATEGIC PLANNING:

Focus on issues that most impact the quality of life.

FISCAL IMPACT:

This action is not anticipated to have any significant fiscal impact.

REVIEWED BY:

Department Director:

Deputy City Manager: Jeremy Hammond
City Manager: Scott Stiles
ATTACHMENTS:

A. Palm Springs Municipal Code Chapter 2.45
B. Consolidated feedback and input from Human Rights Commission C. Comments from Vice-Chair, Human Rights Commission
Item 3E - Page 4

ATTACHMENT A
Item 3E - Page 5









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ATTACHMENT B
Item 3E - Page 15
Summary of other local Commissions
City of West Hollywood – Human Services Commission
- Make recommendations on priorities for development in the city’s efforts in human services (includes social programs, human rights, and older adult affairs) - Review proposals submitted in response to RFPs for social services funding - Assist the Council in identifying human services needs and service gaps - Promote citizen participation (from municipal code)
Strategic Initiatives: Supports vulnerable community members through programs, policies, and coordinated strategies. We collaborate closely with the Human Services and Rent Stabilization divisions, and provide staff support for the City Council Subcommittee on Homelessness.

City/County of San Francisco – Human Rights Commission
“…to give effect to the rights of every inhabitant of the City and County to equal economic, political and educational opportunity, to equal accommodations in all business establishments in the City and County and to equal service and protection by public agencies; to eliminate prejudice and discrimination … encourage private citizens and groups to promote and provide equal opportunity for and good will toward all people.” (from bylaws)
San Diego Human Relations Commission
“…empowered to collaborate with civic institutions, educate the public, investigate policy to make our city better, advocate on issues to the Mayor and Council, and mediate disputes of discrimination”
Mission:
- Conduct and promote activities that foster mutual respect and understanding - Protect basic human and civil rights
- Create an atmosphere that promotes amicable relations among all members of the San Diego community
Item 3E - Page 16
Shifting from Human Rights to Human Services
Hugo Loyola
The population of the City of Palm Springs, California has drastically changed over the years and the municipal code chapter 2.45 on Public Policy is now dated and in need of an update to account for these changes in the fabric of the current population. The City’s Human Right Commission was established in 1992 (32 years ago) with the mission to “promote and protect the diversity of our community and to improve human relations through education and community awareness”.

Considering the pause that the city council put on the commission, I believe this is an opportunity to redefine the purpose, member composition, and the mission of the HRC with the main objective to better serve our diverse community by creating, expanding and providing programs for meeting basic health, welfare, and other basic human and social needs. By de-activating the current HRC and creating a new Human Services Department, the city could allocate the resources needed “to enhance the quality of life for all Palm Springs residents by providing compassionate, effective, and accessible services that empower individuals and families to achieve their full potential.”
Key elements of this mission statement:
• Focus on residents: Clearly states the primary beneficiaries of the department's services. • Quality of life: Emphasizes the overall well-being and satisfaction of residents. • Compassionate and effective services: Highlights the department's commitment to providing high-quality care with empathy.
• Accessibility: Ensures that services are available and reachable to all community members.
• Empowerment: Recognizes the importance of building self-sufficiency and independence.

Currently, there are a few city departments and subcommittees that might already offer some of these services, but I could not identify one department who oversees coordinating all of it and helping connect the dots. By creating a Human Services Department, the city could then recruit and hire Human Services Professionals that would be charged with creating, expanding and implementing various community programs to help support our diverse communities. Some examples of human services professional jobs include:
• Social services counselor
• Veterans’ services specialist
• Child support specialist
• Community health educator
• Youth coordinator
• Senior community services coordinator
• Foster care case manager
Item 3E - Page 17
The primary goal within human services is to help people exceed their perceived limitations in social systems, thereby allowing them to reach new heights in their lives. Human services professionals help people and communities’ function more effectively in their lives. They work to build healthier lives for individuals and families, and to strengthen communities. Human services professionals often work with groups of people, and may provide counseling to help clients with problems, decision making, or marital difficulties.

The charter for the Human Services Department can be modeled and created using the Guiding Principles and Strategic Priorities of the California Health and Human Services Agency “CalHHS”.1
According to the Bureau of Labor Statistics2
, employment of social and human service assistants is
expected to grow 9% from 2022 to 2032, which is faster than the average.

The current census statistics from “DataUSA.io”3 shows that of the three largest ethnic groups in Palm Springs, CA non-white groups are growing at a fast pace creating more diversity of race and ethnicity. There are other very important statistics included here that support the need for human services, like age, employment, income, poverty, social needs, etc.

Here is an example of a Human Services Department for the City of Fremont, California. 4 Here is another example of Human Services for the City of West Hollywood, California. 5 A working group or task force made of city council liaison(s), city staff and a few appointed commissioners could come together to work on a plan proposal for our city manager and city council evaluation and adoption.

The work for the HRC will sunset and the commission agendas and other related documents could then move to the section “committees no longer active” on the city’s website. 1 CalHHS Guiding Principles & Strategic Priorities – also see the condense PDF version. 2 Bureau of Labor Statistics BLS 3 Palm Springs, California Statistics from DataUSA.io 4 City of Freemont, California Human Services Department 5 City of West Hollywood (WeHo), California CARES Services to Help the Community A new section on the city’s website will need to be created and work as repository of documents for the newly created “Human Services” department mirroring what currently is there -- see “Animal Services” for example, and other similar city services.

Web-based Human Services Resources
Open Oregon Press - What is Human Services?
https://openoregon.pressbooks.pub/introhumanservices2e/chapter/1-3-what-is-human-services/ Wake Forest University - What is Human Services?
https://counseling.online.wfu.edu/blog/what-is-human-services/ Cal State Fullerton, Professor James Ruby - What is Human Services? (YouTube) https://www.youtube.com/watch?v=9olLrW1ufOA
Call State Fullerton, Human Services Department
https://hhd.fullerton.edu/husr/
Public Health Online - Career Guide: Human Services
https://www.publichealthonline.org/human-services/
Human Services vs. Social Work difference (website)
https://www.herzing.edu/difference/human-services-vs-social-work Item 3E - Page 19
Commission Member Feedback:

The mission of the Human Rights Commission of Palm Springs is to promote and protect the diversity of our community, to improve human relations through education and community awareness, and to recommend policies to the City Council that further racial solidarity, equity, and healing. The Commission will also focus its work on identification, review, and recommendation of service-oriented and human relation programs that enhance and enrich the human rights and quality of life for all Palm Springs residents.

Suggested role and responsibilities for the Commission:

Within the limitations provided by law, the Human Rights Commission shall:
(1) With the advice and consent of the City Council, develop and conduct programs designed to bring groups together to facilitate the closure of gaps resulting from past discriminatory practices and to address proactively current or ongoing intergroup tensions; Convene and coalition-build to support the movement for racial equity.
(2) Mediate disagreements among individuals, groups and organizations which result from discriminatory practices and refer any complaints or disagreements which cannot be resolved through mediation to other county and state agencies or resources that provide more extensive mediation.
(3) Prepare and disseminate educational and informational material relating to prejudice, discrimination, hate speech, bullying, and ???, and ways and means to increase efforts for their elimination.
(4) Partner, consult and coordinate efforts to promote better human relations, with other local, county and state human relations agencies, other public agencies, and representatives of employers, labor unions, property owners' associations, professional associations, national origin groups, community organizations concerned with interracial, interreligious, intercultural understanding, and social justice, social welfare organizations, and such other private organizations and institutions as the commission shall deem advisable, to further enhance the coexistence of diverse groups; (5) Advise and make written recommendations to the city council and city manager concerning the development, expansion and implementation of policies, programs, and practices for the purpose of furthering the human rights of the citizenry and improve human relations within the city. (6) Prepare, encourage, recommend programs and policies, or changes to existing programs and city procedures/policies, based on established laws, regulations, policies or goals to eliminate or reduce existing inequalities and disadvantages in the Palm Springs community resulting from past discriminatory practices; advocate for successful policies and programs that provide tangible and immediate gains for historically oppressed people living or working in the city. This may be done through active support, promotion and participation of activities which bring together various factions and viewpoints on emerging issues in a way that will help the community to have constructive dialogue about issues which arise with change.

Item 3E - Page 20
(7) Working with the City Council, City Staff, and other stakeholders, codify and secure an end in the City of Palm Springs to discrimination including, but not limited to, discrimination by reason of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, sealed eviction record, status as a victim of an intrafamily offense, place of residence or business, status as a victim or family member of a victim of domestic violence, a sexual offense, or stalking, and homeless status; at the direction of the City Council, ensure city policies, procedures, and memoranda of understanding with external entities, are in compliance with the City of Palm Springs Administrative Policy on Discrimination, Harassment and Retaliation.
(8) Develop and distribute information within the community about hate/violence, promote educational activities that demonstrate the positive value of ethnic and social diversity; in coordination with the Palm Springs Police Department, advise the Council and city staff about hate/violence in the City, and recommend such policies, programs, legislation, or regulations as it finds necessary to reduce the incidences of acts of hate/violence within the city. …‘rebrand’ not as an HRC, but in keeping with contemporary standards, such as Human Relations or Human Services
Invite members from HRCs in other jurisdictions to inquire about how the fulfil their mission (how do they go about producing tangible results)
Involvement with local non-profits
Item 3E - Page 21
In revising the function and focus of the Human Rights Commission I believe that the fundamental make-up of the city and Palm Springs life needs to be recognized and incorporated into the process.

Palm Springs is a popular retirement destination and home to many retired or older adults either as full or part time residents. It is also a primary gay destination and the intersection of the two results in many older gay residents. The human rights of an older population focus on right to work, right to healthcare meaning primarily access, freedom from abuse or violence – all areas of potential elder abuse. The numerous agencies and services that focus on the aged community should all fall within the purview of HR commission in terms of monitoring and adjudicating any conflicts that may be forthcoming. This includes facilities like the Mizell, the Neuro Vitality Center, DAP, the new PACE program coming soon and services like the elder abuse protection and the nursing home ombudsmen program that offers oversight of our SNF residents.

Secondarily, it may fall within the role of the HR Commission to advise and consult on environmental accommodations that the city might consider in support of its elderly population.

Summer heat is a problem for seniors and embellishments like outside air at bus stops would ease the use of public transportation in the summer. Some cities have even set up senior transportation systems. This also encompasses the issue of housing and housing discrimination. HRC should be looking at the affordable housing projects through the eyes of our seniors and our disabled to ensure accommodation and fairness.

Item 3E - Page 22
Potential Revisions to the Municipal Code
Powers and Duties of the Commission. Within the limitations provided by law, the human rights commission shall:
(1) Propose, and with prior city council approval, conduct educational and other programs to promote equal rights and opportunities for all persons regardless of race, color, religious creed, ancestry, national origin, sex, age, marital status, disability. Sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income; (2) Facilitate initiatives, designed to bring groups together to address proactively current or ongoing intergroup tensions and promote human rights in accordance with the Universal Declaration of Human Rights, adopted by the UN General Assembly in 1948, the International Covenant for Civil and Political Rights, and the International Covenant for Economic, Social and Cultural Rights – which together make up the International Bill of Rights; (3) Render a semiannual written report of its activities to the city council. Such report shall include recommendations to the council of additional actions, policies, procedures or possible legislation deemed by the commission to be necessary to carry out the purposes of this chapter; (4) Study and investigate, through public meetings, conferences, and public hearings, conditions that could result in discrimination, prejudice, intolerance, or bigotry because of race, color,religious creed, ancestry, national origin, sex, age, marital status, disability, sexual orientation, gender identity, genetic status, presence of children, family responsibilities, or source of income; hate crimes, and other problems which are the subject of this chapter; (5) In addition to the other powers and duties set forth in this chapter, the commission shall have the power and duty to:
(A) Prepare and disseminate educational and informational material relating to prejudice and discrimination and recommended ways and means of eliminating such prejudice and discrimination;
(B) Furnish and seek cooperation, information, guidance and technical assistance to and from other public agencies and private persons, organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination in the city, including established California public benefit non-profit organizations ;
(C) Consult and maintain contact with human relations agencies, other public agencies, and representatives of employers, labor unions, property owners’ associations, professional associations, national origin groups, community organizations concerned with interracial, interreligious and intercultural understanding, social welfare organizations, and such other private organizations and institutions as the commission shall deem advisable, to further the objectives of this chapter;
(D) Advise and make written recommendations to the city council and city manager concerning the development and implementation of programs and practices for the purpose of furthering the Item 3E - Page 23
objectives of this chapter. If necessary, the commission and an agency, board or officer which the commission is assisting shall submit timely reports of progress in establishing and implementing such programs and practices as are from time to time requested by the mayor or council. The commission shall not have jurisdiction over matters within the authority of other city boards and commissions, except under specific direction from the city council; (E) Prepare, encourage and coordinate programs based on established laws, regulations, policies or goals to eliminate or reduce existing inequalities and disadvantages in the community resulting from past discriminatory practices;
(F) Request through the city manager information, services, facilities or any other assistance for the purpose of furthering the objectives of this chapter; (G) Appoint committees of members of the commission as may be required to address specific human relations problems, and/or advisory committees of members drawn from various segments of the Palm
Springs population;
(H) Support and participate in activities which bring together various factions and viewpoints on emerging issues in a way that will help the community to resolve the issues which arise with change. (Res. 20441 § 1, 2002; Ord. 1428 § 1, 1992; Ord. 1426 § 2, 1992) Item 3E - Page 24

ATTACHMENT C
Item 3E - Page 25

Comments from Vice Chair Vignolo re: Discussion Item “A” – Review of November 21, 2024 City Council Report:

The draft City Council Staff Report which we are discussing (in the absence of a quorum of the Commission) provided a summary of feedback received by the subcommittee of the City Council regarding an update to the scope of the Human Rights Commission. Once again, I must express my extreme concerns with the direction this Commission and the Subcommittee continue to be taking.

When the current City Council decided on June 13 to pause the work of the Human Rights Commission and to delay any further appointments to fill its two vacancies, that action was taken in response to a request by Councilmember Holstege during agenda development at the regular meeting of the City Council on May 23, 2024, at which there were suggestions of possible violations of the Brown Act by current commissioners. I again remind this commission that no commissioners were ever contacted, even though this body had already taken actions in February to rectify any unintentional violations by its previous Executive Committee. I find this omission in the draft report which will be presented to the new Council to be significant.

At the May 23rd meeting, Councilmember Holstege requested a code of conduct be applied to all members of Boards, Committees and Commissions, but then seemed to single out only this commission for a hiatus, during which it would be “rebranded” – now being called “reimagined”, and its role, scope and authority would be looked at. Unfortunately, in the background section of this draft staff report, it does not mention that this Commission had already begun to look at ways its roles, responsibilities and mission could be clarified and how Chapter 2.45 of the Palm Springs Municipal Code could be updated – all which would have been submitted to the City Attorney and Council for their review and approval. In fact, several of you mentioned our work during the listening sessions. This Commission had also begun extensive work to draft recommendations for Council’s review and approval to strengthen and address the process for soliciting, vetting, and recommending individuals and organizations for future Community Service Awards. Whether this program is retained or not, the fact that it is not mentioned at all in the draft staff report, is, in my opinion, a significant omission. Although it is not a statutory requirement, I believe that any direction the Council provides staff should address how this program should be administered if at all.

Although a reimagined Commission could certainly look at Human Services in the course of its work, to do so without also looking at the promotion and expansion of Human Rights, in a time when there Item 3E - Page 26

is so much division, anger, and concern among Palm Springs residents, would be a disservice to the community. We can engage with various social service providers and partners while also being a voice for Human Rights in our community. The City of West Hollywood’s Human Services Commission’s strategic initiatives “supports vulnerable community members through programs, policies, and coordinated strategies” and its program area includes leisure programs, social programs, Human Rights, and Senior Citizen Affairs – so should ours. The mission statement of the San Diego Human Relations Commission, also cited in the draft staff report as a model for a reimagined HRC in Palm Springs, includes responsibilities to:
• Conduct and promote activities that foster mutual respect and understanding • Protect basic human and civil rights
• Create an atmosphere that promotes amicable relations among all members of the San Diego community
I would hope we would retain this function as well. However, it seems to me that this draft report as written is flawed in that it is suggesting that a reimagined HRC should limit its work to assisting community members find existing services and grant opportunities, while participating in wellness fairs, parades, and other community events. It makes no mention of work that would allow for the advocacy and expansion of basic human rights and dignity in public policy – to ensure our residents are free from prejudice, discrimination, and hate. I suggest to you that those human service work, as worthy and important as it is, is not what many of us signed up for when we joined this Commission; I know I did not. As Mayor pro tem deHarte said last Friday, in discussing many in our community’s concerns over former President Donald Trump’s reelection, “we can regroup as a community and unite and support one another and be prepared to do what the LGBTQ community has been doing for decades, and that’s fighting to keep rights that are basic human rights for all individuals. [Emphasis added]
As I previously cautioned this Commission, and given the current draft staff report, I believe it will certainly be mid-2025 if not even later before a functioning Human Rights Commission is able to resume serving the community in any meaningful way. Any proposed changes to the Palm Springs Municipal Code will take months to be adopted, given that the process requires multiple readings before the Council takes final action; I believe the city deserves better now.

Item 3E - Page 27