CITY COUNCIL STAFF REPORT
DATE: Feburary 11, 2026 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 2125,
AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF
CHAPTER 8.04 OF TITLE 8 REGARDING UNDERGROUNDING OF
UTILITIES AND CLARIFYING RESPONSIBILITIES AND ENFORCEMENT
MECHANISMS FOR PRIVATE CONNECTIONS TO UNDERGROUND
PUBLIC UTILITIES
FROM: Scott C. Stiles, City Manager
BY: Engineering Services
SUMMARY:
This is the second reading of an ordinance to amend the Municipal Code Article V of Chapter 8.04 of Title 8, modifying Section 8.04.452 and adding Sections 8.04.453 through
8.04.457 clarifying responsibilities of utility companies, the City and property owners regarding private utility service connections to underground public utilities.
RECOMMENDATION:
1. Waive the second reading of text in its entirety, read by title only, and adopt Ordinance No. 2125, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 SECTION 8.04.452 AND ADDING SECTIONS 8.04.453 THROUGH 8.04.457 CLARIFYING
RESPONSIBILITIES AND ENFORCEMENT MECHANISMS FOR PRIVATE CONNECTIONS TO UNDERGROUND PUBLIC UTILITIES.”
2. Authorize the City Manager to execute all necessary documents.
BACKGROUND:
On January 28, 2026, Ordinance No. 2125 was introduced for first reading as noted below:
Motion by Councilmember deHarte, Second by Councilmember Bernstein, as amended, and Carried 5 – 0, to:
City Council Staff Report
February 11, 2026 -- Page 2
Second Reading and Adoption of Ordinance No. 2125
1. Conduct first reading and introduce Ordinance No. 2125, an Ordinance entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING PALM SPRINGS MUNICIPAL CODE ARTICLE V OF CHAPTER 8.04 OF TITLE 8 SECTION 8.04.452 AND ADDING SECTIONS 8.04.453 THROUGH 8.04.456 CLARIFYING
RESPONSIBILITIES AND ENFORCEMENT MECHANISMS FOR PRIVATE CONNECTIONS TO UNDERGROUND PUBLIC UTILITIES.”
2. Authorize the City Manager to execute all necessary documents.
The revisions requested by City Council are generally described as follows:
1. Revise Section 8.04.455-Responsibility of Property Owners to remove references to operators, lessees, tenants and those in possession and state that only property owners may be held liable for connecting to underground public utilities;
2. Remove penalty provision; and
3. Authorize the City Manager to promulgate the administrative regulations and enter into repayment agreements with property owners (§ 8.04.457).
A copy of the Ordinance showing the revisions made pursuant to Council direction is included as Attachment A, and a clean version of the Ordinance to be adopted is included as Attachment B.
ENVIRONMENTAL ASSESSMENT:
The proposed ordinance will not have an impact on the environment. As such, pursuant to the California, Environmental Quality Act, Cal. Pub. Res. Code 21000 et seq. (“CEQA”), City Staff will file a Notice of Exemption within five (5) days following adoption of this ordinance.
ALIGNMENT WITH STRATEGIC PLANNING:
This item aligns with the following City Council Strategic Plan Broad Goal: Infrastructure and Facilities.
FISCAL IMPACT:
None.
City Council Staff Report
February 11, 2026 -- Page 2
Second Reading and Adoption of Ordinance No. 2125
City Council Staff Report
February 11, 2026 -- Page 3
Second Reading and Adoption of Ordinance No. 2125
REVIEWED BY:
Department Director: Joel Montalvo
Assistant City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Legislative Draft of Ordinance, as introduced
B. Ordinance No. 2125 for adoption