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2021-04-12 HRC Regular Meeting Agenda
HUMAN RIGHTS COMMISSION CITY OF PALM SPRINGS, CALIFORNIA www.palmspringsca.gov AGENDA Mission Statement Palm Springs is an inclusive world-class city dedicated to providing excellent and responsive public services to enhance the quality of life for current and future generations. Pursuant to Executive Order N-29-20, this meeting will be conducted by teleconference and there will be no in-person public access to the meeting location. ● To view/listen/participate in the meeting live, please use the following link: https://us02web.zoom.us/j/86081815166?pwd=V1BCZ3NzUHo5ZERWNzZQVFJLTTc3dz09 or call (669) 900-6833 Zoom Meeting ID 860 8181 5166, Passcode: 887736 ● Written public comment may also be submitted to cityclerk@palmspringsca.gov. Transmittal prior to the meeting is required. Any correspondence received during or after the meeting will be distributed to the Board/Commission as soon as practicable and retained for the official record. ● The meeting will be recorded and the audio file will be available from the Office of the City Clerk and will be posted on the City’s YouTube channel, as soon as practicable. 1. CALL TO ORDER: Chair Ron deHarte 2. ROLL CALL: Board Members Terrie Andrade, Glenn Flood, Edwin Ramoran, Donna Shepherd, Vice Chair Denise Chappell, and Chair Ron deHarte Student Representative Ella Cash 3. MISSION STATEMENT & GOALS: "The Mission of the Palm Springs Human Rights Commission is to promote and protect the diversity of our community and to improve human relations through education and community awareness." Monday April 12, 2021 5:30 p.m. Regular Meeting ,,1 ot Paln1 Sprf '\\., I],. I fU\AAN RIC,IITS ( ()MMISSI()l\ Regular Meeting Agenda Human Rights Commission April 12, 2021 Human Rights Commission Goals: ● To develop community education programs; ● To investigate and mediate instances of discrimination of groups or individuals; ● To bring persons and groups together in common support of human rights issues; ● To acquire the fiscal and human resources necessary to support and accomplish the work of the Commission; ● To provide management and coordination for the Commission; ● To promote diversity through the appointment of candidates to all city boards and commissions to proportionately reflect the diversity of the population of the City of Palm Springs; ● The Commission and each Committee shall develop goals and objectives annually, for adoption by the commission; ● The Commission shall work closely with the Mayor, City Council, and City Cabinet and with all other City Commissions and Boards in joint endeavors that support the Commission's mission statement and City's goals and objectives. 4. QUORUM: 5. PUBLIC COMMENTS: This time has been set aside for members of the public to address the Human Rights Commission on agenda items; and items of general interest within the subject matter jurisdiction of the Commission. Three (3) minutes is allowed for each speaker. Although the Commission values your comments, pursuant to the Brown Act, it generally cannot take any action on items not listed on the posted agenda. Commissioners will not enter into discussion with speakers, but during Commission Comments, may refer the matter t o staff for report and recommendation at a future Commission meeting. 6. CHAIR COMMENTS: 7. ITEMS FOR DISCUSSION/ACTION: A. Committees – Chair deHarte and Vice Chair Chappell Executive Committee (deHarte, Vice Chair) a. Frank Bogert Statue Recommendation b. April 7th - World Health Day Community Relations Committee/Budget/Personnel Committee a. PSPD LGBT Outreach Committee (deHarte) b. Master Calendar (Ramoran) c. Main Street (deHarte) d. Finance (deHarte, Chappell) e. Organized Neighborhoods of Palm Springs Cultural Affairs Committee a. Desert Highland Gateway Estates Community Association (Andrade, Flood, Shepherd) Regular Meeting Agenda Human Rights Commission April 12, 2021 Seniors/People with Disabilities Veterans Affairs Committee a. Veterans issues (Flood) Youth/Education Affairs Committee a. Student Representatives (Chappell, Cash) Commission Development/Mediation Committee a. Mediation (Andrade) b. Retreat (Chappell, deHarte) B. Committee Assignments a. Clean Indoor Air and Health Protection Draft Ordinance with Sustainability Commission Update b. Street naming update C. Homelessness Update D. Commissioner, Staff, and Student Comments E. Topical Newsworthy Items 8. AGENDA ITEMS FOR THE NEXT HRC MEETING: 9. ANNOUNCEMENTS: 10. ADJOURNMENT: The Commission will adjourn to an adjourned regular meeting Monday, May 10, 2021 PUBLIC NOTICES Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. AFFIDAVIT OF POSTING I, Jay Virata, Director of Community & Economic Development, of the City of Palm Springs, California, hereby certify this Agenda was posted at City Hall before 6:00 p.m., April 8, 2021, and posted on the City’s website as required by established policies and procedures. /S/ Jay Virata Jay Virata Community & Economic Development TODA 'S CLOSING TOCK S 104 Leadl11 N. Y. hchalkJ• Stocks P11ge 2 Tod11y .es.rrt VOi., •1, NO . 260 1' PA.G 2 SECTIO NS assic' arge URVIVA L DA Y Early Voting Said Moderate RL , Pa 1) --··, .... -.3 Million Budget Goes To D.S. Board 8 ATR Bermuda Dunes Man Dies 1n Auto Wreck P\W lra (HI) I • 1n ec. HA YE VO TE])_Have you? That', the b4llot, by voting clerk EUua Cevola ,t meuaga bemg fluhod today by COIi• he city hall precinct. The polls will r - 1cientious citi10ns throughout the duert main open today until 8 p,m., 10 there', area , .u symbolized above by ht card dill time to go out-if you haven'f I. be in g pinne d on Lillian A. Friedrich, • ready done s-.nd earn your "I Have vo ting in sp ctor who just cast her ow11 Voted-Have You?" b•dge of honor. -----------=-------1 9 Per Cent Pay Raise Asked by P .S. B Dl I, l' , Budget Public Works Seen OK D RROW un ftho 325-5005 Prle 0c • 1sregar earance +ate Accu e City Of Ignoring 'Human ·' vacant.,'' * * * * 2) * * * * Report Biased, City Heads Say Death Row Seen Abolished by High Court Ruhng 4/4/2021 Evictions Start On Indian Land — Desert Sun 17 July 1962 — California Digital Newspaper Collection https://cdnc.ucr.edu/?a=d&d=DS19620717.2.2&srpos=1&dliv=none&e=------196-en--20--1--txt-txIN-sheriff%27s+deputies+and+palm+springs+police+today+serve…1/3 Desert Sun, Volume 35, Number 296, 17 July 1962 — Evictions Start On Indian Land [ARTICLE+ILLUSTRATION] Back 4/4/2021 Evictions Start On Indian Land — Desert Sun 17 July 1962 — California Digital Newspaper Collection https://cdnc.ucr.edu/?a=d&d=DS19620717.2.2&srpos=1&dliv=none&e=------196-en--20--1--txt-txIN-sheriff%27s+deputies+and+palm+springs+police+today+serve…2/3 4/4/2021 Evictions Start On Indian Land — Desert Sun 17 July 1962 — California Digital Newspaper Collection https://cdnc.ucr.edu/?a=d&d=DS19620717.2.2&srpos=1&dliv=none&e=------196-en--20--1--txt-txIN-sheriff%27s+deputies+and+palm+springs+police+today+serve…3/3 This article has been automatically clipped from the Desert Sun 17 July 1962, organised into a single column, then optimised for display on your computer screen. As a result, it may not look exactly as it did on the original page. The article can be seen in its original form in the page view. SECTION 14 STORY -VII Clean p1 Ph End s uccessf ully B. AL TO ,TADO Managing Editor Phase On or th e tton I clean-up campaign was re_porled completed on ov 17, Ul65 and Flre Marshal Ja.m . HaJ.TIS presenteld a progres acco unt lo the city. Har.rJS, also ch.tef of the city'B Fire Prevention Bureau , sald • the abatement program on lhe secl:1011 had a June. 1966 . dead - line, and th City Council had voted an add.iuonal J0 .000 to the origin a I 5,000 hudg ted /or th f' project "We have a peculiar task i n j the, ne1 clean up N>Ol'dim1 tm · "T'he Bur eau ol Indian . f. regard to nm . ance ahaiemenl . and w11 making urv -e y · 01 th l r11i, .. has l't'cog111z. d 1he val ue Thfl appearan 'e ~r our Mmmun •,11rea . herng abllled and working nf th progr11m , and Ibo ., h11s ity ~ of pedal importance be-1 ilh tit Bw·eau of Indian f-Pnt •oura ed lhP Lnruan . their ause of the ,:Wrl n11ture of fair '. . c:o n · rvator, and their guat'd - alm prin;s. Cuy Manar?el' Harr pointed out that 1\11111 Ia n to eooperale fully ." .Frank A1esl11re a1d . abatemem was n confined to -- Altho11gh the main runcnons Section 14 . main efforl~ were ' The Bureau ot Ftre Prev~n- of the Fire Prevent ion Bureau belng exened In this area since uon for th C!ty of Palm are .uispectlons of occupancies it wa the most adver co.n<lf-Sprmgs ha 111 its ru · a letter a.ad enforcement ol hte c~ • ~ion then existing in the cit If receive<! Nov. 18, l!Hi5 from lt undertook abatement RS a He dlsclosed his burra u was Paul Hand director of the Bur. SJ)eel al project for the city. mainta ining a two ,man crew, ea u of Ind ian Affairs ortice • Do.n Abercromb ie bad recerrt-working through the Pub.lie here ln which the dty was a.d. ly joined the bureau 's staff as Works Department, which was vised of the Latter bureau 's ac- Hoop Stars Fore90 The Buck contlnually canvassi ng the en -tlon-s regardi ng the abatement tire oomm unit y ~•d clea:oi ng up or ectton 14. various areas throughout the Hand's communi que to five clty as the need arose. Indian land owners, tlhrougb Preparations for th e abate.• their conservato11s or guardians, m~t of Section 14---'bo rckred by Informed them of the city's offer 1_nd1a_n venue, Ramon Roa d, lo collecl, pile and burn an , ttnr1s Wa.y and Al jo Road -,•ubbi h trash litter and waste had l>Pen in pr-ogre$ for th in the' area 'and be en losed pa ix: month . m11ps , Phase One inducted fow • li informed them this pro- LBUQERQUE , .M (UPI) blocks n'!ar Calle En ilia anod gra; had already Ileen ~ried -Former collegjale basketball Mena.~ Road a/Id wa . begun nu! In some blocks , uth of 'l'he star Ben MOllroe of Carlsbad . O~h 18• 1\1• 2ft-bl0l'k area p1tngs Apartments , anrl wa N.J,f.-drafled by bo lh pro was ~:;n tLn~~r ~ay. · nil\\ heing nrg:imze<I in !h are11 basketball and football club. -1 'l'he Ji'1re Prevenllon Bureau j bou nd d n i alt by (he Bar S· • , Lo Canal on the uLh . h-as no regrets to· ~urnmg It ant, 1pat d . t.he nv~raU proj 1 lland noted two l)f the 11 reas back on t~ fame and ~oney or would reqwre po 1bly lfl pha • •er under lease Rnd In these spo tiJ work with Lhe e . ~ I' • underprivileged , Harn rep ,. ed lhal betor m lance .. nggesled thP lan d 1>wner gE'I the onsent nf l1l1 lonroe,. a 6-3 forn•ard and abat ment \Va, hegu.n, tJH, de -J dorsed on !he "Permit ' one of th :uwarts fo r th e pa1trnent uclled and pbo10-,e 8 e en0 brJ ~ ., • · hed 11 h d d ,o um e ~-nauonally ranked ruverslty of grap a a a n on stnJ • •·Thp cl 15 most an ou~ to , e, MeXJ co ba ketball team ture I n thP area , rt th l program Lel' I trom 1964-67, was drafted by ·lb ActuaJ mouu o? was ha nd -p;:_~011 ;11 appredation cir 1 • Lakers of the au onat Ba ket-led by thp • apreS"Jon Bureau of . :t lJY moving on t his ' hall ociallon and the Pill-lh 'Fire De~:..rtmenL , as I\' ll a '\! !!c~rth all p . ble speed " . Jadelph.ta Eagl . "by om inde~ndent fu1l18 . ~~~ ronctud d. "But that's belnnd nw.." 1'he. firius ca rr1 d out vanou. Monro aid. "I've decided tha st.ages of the operation •luch ' athleties. whether Ir'. playing or fhP departmen1 "'as not equip- _coach~. hecome N?lalively peel t-0 h_alldl · 6 h d !llSJgrult ant co mpal'ed to help. He disclosed onl S61 ·~ tng poor people oJve llielr heen expo n(led up 10 lhal point robl " for help from ind pe.ndenl firms P em · . in 11babng Phase OnP. Suppr , Today Monroe I a mathema-100 Bureau man hour had tot- ti.cs mstructor In Albuque.niufs ale-d 12•-, wt P.qwp men on Concentrated Employment Pro--standb. for O hour::. '!'ht> pr · am . Most of. the enroUees are vent.ion bureau spent un man poor , unemp.loyed. chool drop. hours on the pro1ect. outs or handicapped . •·.<\Jlhough crean .up a tlVlty on l tlll, Monroe liem mbers the, e lion 14 no Ol!\1 ,·· H;\rr, I thrill ol th£-gam e, of lte;inng dec lared, "th1,q 1s lhe rrr. t t1me l th crowd yelling his nam e,· of a concentrated ph a e-hy-pha . e feeli r.f the heady magi of efforl has been 1:>ea rhe ad d by v1ctory . Monroe srore a tota-1 of Jhe d ty 080 point In three ~easonR a1 "'1 he projert ba. me1 ovl"I·• 1 U M and I a , 1ngle gam whelming accept.an school mark with 1 ll field ioals ('l'o Be Continued) PALM SPRINGS' ONL EXeLUSIVl HEARING AID CENTER Na i ont!llly Known Custom Fi+t11d He11ring Alds. Batteries -S11rvice. All ~okiH • .All Styles 405 Iii . '"'"' C11nyo" Dr, 325-3240 10 39 attempt. . Thal wa in a 1967 gamr with Bril{ham Young University . Bu fan THE CANTEEN But Monrne keeps bu . Re teaches Ix math cla· es a da y, I five day a week . to mo rn than 60 enroUe~. FIRST IN MUSIC AND ENTERTAINMENT We Were The First To Featu re: rn addition, {onroe plan s 10 ! eek a ma ter's degree next semester a1 U M. He arned , BA degree ln pohtical s-c1etirl' 1 with a nu nor m soc 1olo . in 1 1968 , "'There ', n donbl 1n m mind t ha t thou sand or unemplo ed aJld ell advantaged people need Immediate h Ip." ~onr o ald. "Many feel Lbey ' e mi. ed th boa ' He said most of th nrollees ar JD the1.r 40~ and ar m1pb ~£C ourage<I . "We musl help the people. TheJr problem s e serious. ro more dangen>IL.'i eath da . and are ones we mn . l /;ire 01 dur own ba t kyard " Th• Piecl Piper -Chorll• Brown T • Dyctlatiatt-The Climn Co p . Now The Biggest First Of Them All STU FFIN 'S Th• Tightest Group To Hit This Area In Fin Yeor SEE THEM IN PERSON BEFORE THEIR BIG T. V. DEBUT LIMITED ENGAGEMENT DON'T MISS THEM! Danc ing Night ly Tuesday th,u Sund.i y Hwv 111 letwHn 1'111"' Spring, o~d Cothecl111l City TRAINEES NURSING AIDS for DESERT HOSPITAL Applic;aJ ons iCJf 110w ltein9 a.ccepted far a Nursing ~icl• Class to h 9 iven i,1 the near future at DeHft Hospltetl. Earn while you learn in th most ,ewcrrtling occupcitio". Applicants must be Hi9tl School graduate !or equival.nt!· E"c IIHt pay, benefits Cllld wa,ldn9 conchtlons . Apply '" rson only _ :00 o .rn . o -t:00 p.ffl . -Mon . thr11 Fr . at: PERSONNEL DEPARTMENT D11:SERT HOSPITAL I 161 N. Via Mireles+• P Im Sprin g s, Calilorn i A !«.ua! O rtu ty !n,pfoy emc H1ghwa g A k d for Mountain Ro ·d :: ~.:~: .... 5 P•I s,,l"f1,, C:llllf•IIII• -AH- EDW l~R.D S "ORI GINAL .. HOUS:E of LAMB JODY REYNOLDS 5 Fabulous To Da11ee To-fob1llous lo Llstet1 To! IN TH E l~AL M SPRIN G S A H A * Roast Leg of Lamb & Sha nks Daily * OTHl!R MEAT ENTREES BRANDI PERRY The Singing Bombshe ll Who Swrvlved A Viet Nam An,blllhl TrMl'TING SlLAD IAI: HOME COOICID DIHNEIIS CHICKEN ouM,LINGS EV ltY TMUIISDAY OMICO JUAN Sens ibl e Prace The Terrific "Sln9ing Gultarlst 0 from Equodor HWY 111 AT GROVE CATHEDRAL CITY SUNDAY BUFFET $2.95 C •leek• Int et Catllffral Cnye11 lltnl (N.m 11•) OP'IN 4 P.M.--CLOSID MONDAY "IE A LA.Ml AN DI NE WITH US TO NIGHT" Beat the phone company out or a couple or bucks. Wait till after 7 p.m. and call anywhere in the country for a dollar. A lo or Jons,; di. utnce calle , wo11ld be in .eventh heav n ,r lhE!Y could pu t one ver on the phone compa nr. Because lhe: thi nb , we're pu ti ng one o"er on lb m. 'l'he1r ~rip i. t hat t hey 're payin i; more (01 ' ~!ling long rli ~tanc dttl'ing he d r th.in i n thee eni ng hours. ut ince mo peopl in 1s n ealhng dl.ll'• inp; the da~-. ow-overhead goes up , up, up. So our prir can 't g ,iown, down, down. And tbat'i:. why we rharge our regular rates. ut al ni.Sfht ime, we can practically hear a pin d11op. Hard Ir any body calls lo ng distanee, :.o hanily anr equipment i being used. A od tha ' wh n any long distance caller t"an beat u~ ou of a couple of bucks. Becau 1£ you can waiL till after 7 p.m. or any ime of the day on Saturday and Sunday, yott ~n call anybody, anywhere in the country for a dollar or less.• So you don't really need a lot ci money te call long distance. All you need is a little patience. aaneral TIIIDhlll Aoollar goes a Jong-. 4/2/2021 Up in Smoke Go More Section 14 Buildings — Desert Sun 19 October 1965 — California Digital Newspaper Collection https://cdnc.ucr.edu/?a=d&d=DS19651019.2.6&srpos=1&dliv=none&e=-------en--20--1--txt-txIN-Up+in+Smoke+Go+More+Section+14+Buildings-------1 1/2 Desert Sun, Volume 39, Number 65, 19 October 1965 — Up in Smoke Go More Section 14 Buildings [ARTICLE] Back 4/2/2021 Up in Smoke Go More Section 14 Buildings — Desert Sun 19 October 1965 — California Digital Newspaper Collection https://cdnc.ucr.edu/?a=d&d=DS19651019.2.6&srpos=1&dliv=none&e=-------en--20--1--txt-txIN-Up+in+Smoke+Go+More+Section+14+Buildings-------1 2/2 This article has been automatically clipped from the Desert Sun 19 October 1965, organised into a single column, then optimised for display on your computer screen. As a result, it may not look exactly as it did on the original page. The article can be seen in its original form in the page view. Monday Ma rch 2 , 1987 New tax withholding form unveiled by IRS A HI GTO. (AP) -Th Internal Revenue Service, r pond- ing to protest from taxpayers and lawmakers, today unv iled a pro- posed n w W-4 fonnon which work• ers can determin how much fed ral income tax hould be with- held from their pay h · ·. Any wage--earn r may c hoose between the n w two-page W-4A form and the thr -month-old (our- pag W-4 The newest version. 11 approved by he OHic of Manage- men and Budg l. lS e xpected to be available by mid-April ABC, CBS writers, editors go on strike Hagler just marvelous in parade A-3 . ' ntire desert r --• - Mardi Gras 1celebration iin full swing A-6 eset Palm Springa,, California Pro surfers make waves in desert B-2 28 cenn Baker takes1 over staff reins W ASHI GTO (AP) -Former Sen. Howard Baker took over today as President Reagan's While House chief of ·taff, proml Ing "oo whole- ale fir ing , no wholesale requests for r ignatioos," spok man said. Marlin F1tzwaler told reporters, however, that Wtute House counsel J . Peter Wallison bas indicated a desire to leave, and thal Wallison will be repla ed by A. . Culva- house, a partner with Baker 1n the Washington law finn of Vinson Elluns. WalUson had been invol ved in coordinati ng Reagan's responses to various investigations mto the Iran- Contra affair. With Reagan prepar og to addr the nation this week on lhe Iran-ontra arms a ffair, Baker corducted his first taif meeting, wh.!ch Fitzwater d nbed as "humorous, but to th poml." Meanwhile, the pr idential pokesman said Reagan stands behind the nomination of Robert M. Gat to be CIA director. although Fitzwat rsaidGat wasscheduled tib meet today with Baker "I have no knowledge f his (!:;ates') position," Fitzwater said. '' l's a matter for Mr. Gat lo decide." The Washington Po t reported in t.1i>day's editions that Gat bns decided to withdraw his nam this ~reek from consideration as CIA d rector in lbe wake or congressio- Qal unhappiness with t he sale of arms to Iran and the purported uh- sequent dl.ver 10n of profits to the Contra rebels fighting the leftist licaraguan government. It cited admini I.ration and con ionaJ sources. Earlier. Senate Republican Leader Bob Dole, R-Kan., sa1d Gates' nommatioo "could be in some difficully if there as a demand" for a quick Senate vote Re 1d be didn't l.hinlt it would be a good idea for GaL , the acting ClA djrector, to be "sort of held out there for five or ix months" until special congr ional committees conclude tbeir mvestigaUons into the Iran-Contra affair. Fitzwater said lbat wh.il Baker assured White House staff mem- bers there would be no bakeup, Balter "wo d bave private consul- tations latet if there was an need lo discuss a j ob change." Fitzwater also said that Frank Donatelli would be joming the taff as political director and John Koehler as communications direc- tor -as had been planned before Donald T . Regan' resignation as cbieJ of staff and Baker's decision to take t.he job. Reagan was lo disc the Tower (Please tvu co Pag A-2 ) !kill IOI IIIY t•we jlill..:IG SIGNS OF DETERIORATION ••. are evident in Palm Spring•' predo1111tnantfy black (lett), nd a crumbling wall are graphic tnlimony of the problem• which r • , producllon neighborhood,. A fire-gutted hou .. which now attract• only vanda I• a nd graffiti aay a till exiat for black peop in Palm Springa. r rch rs High cl udin Tu sday High near 80 Low will range rrom 42 to o , Detail on A-4 anc}' Ditz is all mil he cro • e fmish line of the Los Ang l farath n /Detail in port , Pag · B1-5 Feb.28, 1987 The Numbers • 20, 37 40, 4 , 49, bonus 33 The Payoff • Jackpot. 6 o f 6, $7 ,739,645, two winners . • 5 and bo11us. $651 ,665, two w1n11ers • 5 of 6, $3,610, 186 w inners. • .a o t 6. $67, ,997 winners Bride A11 Busin~ss 86 c1a ss1 1ted 87-16 Comics A13 Cro ss r 812 A15 AH D1n1ng Entertainment A10 Editorial s Op1n1ons A1 4--15 Mov1 Guide A11 Obituaries A4 Sport 81·5 Star Tracking A13 Sy!V1a Portc:r 86 T V listings A10 eather A4 A Gannett newspaper City 's black residents CJ~an't forget bitterness B U HAEL B CH In the mid-1960 hen downtown r devel p- Ottcn Start rilu ment was a foremost pri 1rity to city ofrlc,als, P LM PR1NG -Th culture and ach1ev ther wa a relocation of lhe black commurutv rn n of Alro-Amer1 ans were ob rved i.n from th center of town lfO ,ts northern UO· Palm Springs th is weekend . but the record dar,es. nd many blacks rE1main biller about lhe hows that as far as local black ht t ory g , way i t wa handled. there isn 't much to celebrate . "There is a hi lory t o tell. we ·ve been h re. long, a whole lot longer than any other mrnor- 1 tv ." said James J ie. d1r tor of th rt H°ighland ruty nt r in rt Highland• Gateway Estates, th city' mostly-black , largely low -income ar a. But J ie conceded that t he news is not all that good . Palm prmgs wa acc~ed by the state Attor- ney General' Office of being a "cl 1c tudy m ctvic d isregard for lhe rights of mmont CIU· Len " au e of the reloca.tion. Th r port concluded that no crimes were committed. but said the iJ ad deol "dis-played a unique insensitivity on th part of the ci ty t.o the problem of ad~uate minor•ity housing in partic- ular. a nd to minority community relations in general." The city and I.ts 1,400 blac k resid nts are WI trying to mend the wounds of a n 1flc1dent that occurred more than 20 years ago. Bl ac bad their homes bulldozed and their pe onal property burned w,tbout notice. the Strong quake jolts New Zealand area WELLI GTO , ew Zealand (AP) -A trong earthquake jolted parts of orth I land today, sending hundreds of r idents fleeing from their born , collap ing building and bridges and riously lnjunng at least riv people. Media r por also a1d t ple were missin after th 1:36 p.m. (5 :36 p.m . PST Sunday) quake , which measured 6.4 on the Richter scal e . More than 100 aftershock followed throughout the da • said ew Zealand ismologis · Radio Pacilic reported "many peopl " injured in tb quak , cen- tered about nine mile off orth lstand in the Bay of Pleoty. lt did not elaborate further oo the ca ua- ties . A state of emergenc was declared in t.he quake area, which is mostly rolling farmland and forest Local authorities commandeered a ll available helicopte ' rn tb region lo he lp a damag and lo ferry upplies need for r pa· . dama e to the Lop of th building. Radio Pacifi c said there was dama e to road and rail links bridge and for ls, and t hat power upphes wer c ut lo veral rural and fore try towns Desert Sun offers a new look today U yo u've noticed something different. about tod y' front page, yo u 're nghL W 've treamlined A-1 to give reade a cleaner. more graphi- cally ppeall.og, easier•~read pag . Th most readily noticeable change: A column on tbe left d of th page coowniqg late- breaking oe stories aJoag wi.th capsul f today' inside ports and weather coverage , pl~ lbe dall ind x ou an l for this new for- mat su; da t 1D The Des- attorney general' re port said. -They JU.St told us to et out; no help wilb rel ation din om ca . tbe city Jus t came m and bulldozed houses wh1l a lot of people w re ;11 work ," said J 1e. ho was forced out vmh lus r m1ly wh n he was in grade school. Th report Iin ed th hetto destruction to federal ccusat1ons of misconduct by conserva- tors for th gua aheot Indians. The blacks at that lime lived in dilapidated dwellmg in the b art or to on reservation land leased from the lnd1ans. Tb area. known a Section 14, ame ppeaJm to d velopers in the 1960 after Ion -term leases on Indian land were allowed Howard Wl efels. then tbe c ity's mayor. dis- Pl a turn to Pag~ -3) '4ilfl'91otollJS1.-..... Hospitals in Tauranga and Rotorua were oo tandby to a pt paUents from Whakatane pital, wblc.h wa evacuated beca of ert Sun. D NCERS ... fr-om the hem.an Indian School in Riflmde per- m at the Native American Fee tival in Palm Springe _ -~-~_._. ----: _ -· • ~ . "'" ~_.-. F,or -home delivery c'all : • I • 'I I • Being black in '¥W~~ 0 Palm Springs Second of two p r ts 35 tribes gather in Palm Springs for Indian festival /\nn hat, The Los Angeles Times (Los Angeles, California) · Wed, Apr 3, 1968 · Page 3 https://www.newspapers.com/image/382541941 Printed on Mar 23, 2021 Copyright © 2021 Newspapers.com. All Rights Reserved. News papers- by ~ ancestry· ,. Palm Springs Judges Hit on Indian Affairs Ch•rgad With Fee Splitting and General Misn,anage"'ent of Est1tes in Ud1II Report News paper TM ·"'m The Desert Sun (Palm Springs, California) · Sun, Dec 9, 2001 · Page 1 https://www.newspapers.com/image/194364796 Downloaded on Mar 1, 2021 Copyright © 2021 Newspapers.com. All Rights Reserved. News papers· by ~ ancestry- -~l.21:0l • --B,i;:~ ... - lil',,'1W1 l~•'\"ffo ~lild,-e:\~ _ .. _,..,. a_._ .... _ ..... --·-"' -·-... iheDesertSun Marines hunt for Taliban leaders Newspapers™ The Desert Sun (Palm Springs, California) · Sun, Dec 9, 2001 · Page 2 https://www.newspapers.com/image/194364804 Downloaded on Mar 1, 2021 Copyright © 2021 Newspapers.com. All Rights Reserved. News pape~~r by ~ ancestry· ,._ from bact llome/Frvm Pate 1 Maitland-Smith MATHIS BROTHERS --f U r n i I u r e-- ............,,,.,lkuo1..........,.~,t•~•r:~ 11,iOt,twvl tl•t\dO.CCflfOtlfl+Ot2211l~1,o.11,a.to:ia WHAT Do You GrvE TJ-1E PERso WHo HAs r..i! ~ EVERYTHI c? Ko~ ,u,. .-,,. •I 1'10, dtutfuJ. n.,.,_,, .. _ ., .... ~ .. ---lb .,......., ._.. __ ._ ---~ .... , ..... ~ ...... ...,.. .. • ....w.,. ... ,i.: ........... ~.,1,~r,.i .... .. _ 800 -64-6-OPE -_s,., ... ~ lltfAGl#O ---14 1~5 i-i lllrl~)' ~~1n~, ...... ., t'tt".CII Newspaper.§™ The Desert Sun (Palm Springs, California) · Thu, Mar 22, 1990 · Page 4 https://www.newspapers.com/image/246834570 Printed on Mar 23, 2021 Copyright © 2021 Newspapers.com. All Rights Reserved. News papers- by ~ ancestry· M/ACROSS THE VALL'EY Bogert statue to be unveiled on March 31 PALM PRI G -bronz tatu of former Mayor Frank Bogert on a horse . will be placed on the City Hall lawn thi w k and unveiled March 31, memb r of the 50 ommitt for rt in Publi Pla aid . Committ memb r B rbar Fo ter and committee admm1 - trator Gerhard renz I a1d Mon- day the $30 ,000 tatu was b ing hipp d from Mex1 o it , wh r it was sculpt d by artt t Ra y- mondo obo . It wa du to rnv t day r Friday , Fo t r aid W dne·day In th past f w we k .. workers h v b n pr paring a t:,a e for th four -ton statu on Tahqu1tz - McCallum Wa .. in fr nt of Ctt. Hall. Fo t r aid puhll ded1cat10n r remony 1s rhedul d at 11 a m March 31. Bog rt. th rolorful and n r- g tic "co wboy may or .. was on e th public1 t at th El hr d r hot I. HL friend· .1, h morP than an y other ·mg! md1v1dual typ1fl th ru . tic w st rn p1rit , FRANK BOGERT STA TUE Scu lpt ed in Mexico City of early Palm prings H wa: a pp oi nt d m . or from 1958 to 19 6 a nd w th city' f 1r ·t I t d ma}or . rv1ng from 1982 to 1988 Fr nzel · 1d the 'tatu wa C'omm1ss1on •d t,_ the s 1x -m m - hN c ommJtt ' which wa form d tn 1988 on th(• city" 50t h anniv rsan It will b • p· 1d f r bv prrvat donat10ns Frrn1 I . aid . ddrng that fund -rat. mg rs eol'ltm umg lnformat1 n 322 -156:3 1 PROPOSED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO AMEND THE MUNICIPAL CODE BY ESTABLISHING REGULATIONS APPLICABLE TO COMMERCIAL AND RESIDENTIAL CLEAN INDOOR AIR AND HEALTH PROTECTION TO REGULATE TOBACCO AND CANNIABUS PRODUCT USE AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE MUNICIPAL CODE TO REGULATE CLEAN AIR, SMOKING AND TOBACCO PRODUCT USE The City Council of the City of Palm Springs, California, does ordain as follows: SECTION I. FINDINGS. The City Council of the City of Palm Springs, California, hereby finds and declares as follows: WHEREAS, tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following: 480,000 people die prematurely in the United States from smoking-related diseases every year, making tobacco use the nation’s leading cause of preventable death;1 and Tobacco use can cause disease in nearly all organ systems and is responsible for 87 percent of lung cancer deaths, 79 percent of all chronic obstructive pulmonary disease deaths, and 32 percent of coronary heart disease deaths;2 and WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following: The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke;3 and The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure;4,5 and The California Environmental Protection Agency (EPA) included secondhand smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm;6 and Secondhand cannabis smoke contains tetrahydrocannabinol (THC), the chemical responsible for most of cannabis’s psychological effects, and many of the same toxic Formatted: Centered Formatted: Indent: Left: 0.44", No bullets or numbering I - 2 chemicals in smoked tobacco WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke occurs at significant levels outdoors, as evidenced by the following: Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers;7,8 and Smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the “hazardous” range on the United States EPA’s Air Quality Index;8 and To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 23 feet away from the source of the smoke, about the width of a two-lane road;8,9 and WHEREAS, exposure to secondhand smoke causes death and disease, as evidenced by the following: Since 1964, approximately 2.5 million nonsmokers have died from health problems caused by exposure to secondhand smoke;2,10 and Secondhand smoke is responsible for an estimated 41,300 heart disease-related and lung cancer-related deaths among adult nonsmokers each year in the United States;10 and Exposure to secondhand smoke increases the risk of coronary heart disease by about 25 percent to 30 percent11 and increases the risk of stroke by 20 percent to 30 percent;12 and WHEREAS, tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following: Between 2009 and 2012, the total annual economic burden of smoking in the United States was between $289 billion and $332.5 billion;1 and From 2005 to 2009, the average annual health care expenditures attributable to smoking were approximately $132.5 billion to $175.9 billion in direct medical care costs for adults and $151 billion in lost productivity;1 and The total annual cost of smoking in California was estimated at $548 per resident or between $2,262 and $2,904 per smoker per year;13 and California’s Tobacco Control Program saved the state and its residents $134 billion in 3 health care expenditures between the year of its inception, 1989, and 2008, with savings growing yearly;13 and WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and medical costs with a review of over 80 peer-reviewed research studies showing that smoke-free policies effectively do the following: Reduce tobacco use: tobacco use is reduced by median of 2.7 percent;14 and Reduce exposure to secondhand smoke: air pollution is reduced by a median of 88 percent and biomarkers for secondhand smoke are reduced by a median of 50 percent;14 and Increase the number of tobacco users who quit by a median of 3.8 percent; 14 and Reduce initiation of tobacco use among young people;14 and Reduce tobacco-related illnesses and death: there is a 5.1 percent median decrease in hospitalizations from heart attacks and a 20.1 percent decrease in hospitalizations from asthma attacks after such laws are passed;14 and WHEREAS, laws restricting electronic smoking devices use also have benefits to the public as evidenced by the following: Research has found at least ten chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm,6, 15, 16, 17 such as formaldehyde, acetaldehyde, lead, nickel, and toluene;18,19, 20 and More than one study has concluded that exposure to vapor from electronic smoking devices may cause passive or secondhand vaping;18,20,21 and The use of electronic smoking devices in smoke-free locations threatens to undermine compliance with smoking regulations and reverse the progress that has been made in establishing a social norm that smoking is not permitted in public places and places of employment;22 and The State of California’s Tobacco Education and Research Oversight Committee (TEROC) “opposes the use of e-cigarettes in all areas where other tobacco products are banned;”23 and WHEREAS, smokeless tobacco is not a safe alternative to smoking and causes its own share of death and disease, as evidenced by the following: 4 Smokeless tobacco use is associated with oral, esophageal, and pancreatic cancers;24 and Smokeless tobacco is associated with increased risk for heart disease and stroke,25, 26, 27 stillbirth and preterm delivery,1, 28 and Parkinson’s disease;1 and WHEREAS, cigarette butts are a major and persistent source of litter, as evidenced by the following: In 2007, it was estimated that Americans consume 360 billion cigarettes each year;29, 30 and 55.7 percent of smokers admit to littering cigarettes in the last month;31 and In an observational study of nearly 10,000 individuals, after cigarettes were smoked, 45 percent of cigarettes ended up as litter;30 and In 2011, 22.6 percent of all debris collected from beaches and coastal areas are smoking related products;32 and Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons, and ultimately the ocean;32, 33 and WHEREAS, cigarette butts pose a health threat to young children, as evidenced by the following: In 2012, American poison control centers received nearly 8,648 reports of poisoning by the ingestion of cigarettes, cigarette butts, and other tobacco products and 84.5 percent of these poisonings were in children ages five and younger;34 and Children who ingest cigarette butts can experience vomiting, nausea, lethargy, and gagging;35 and WHEREAS, though widely perceived as a comprehensive smoke-free air law, exemptions and loopholes in the California Smoke-free Workplace Act36 mean that one in seven Californians faces secondhand smoke exposure at work;37 and WHEREAS, exemptions and loopholes in the California Smoke-free Workplace Act36 disproportionately impact low-income and communities of color as evidenced by the following: California Labor Code does not prohibit smoking in hotels, cabs of trucks, warehouses, long-term care facilities, outdoor places of employment, small businesses, tobacco shops, 5 and private smokers’ lounges, which disproportionately employ individuals of low-income and individuals of color;38, 39, 40 and Male and Hispanic/Latino workers are the most likely to report being exposed to secondhand smoke at work;41 and WHEREAS, California cities and counties have the legal authority to adopt local laws that make all indoor places of employment nonsmoking;42 and WHEREAS, state law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions;43 and WHEREAS, the state smoke-free workplace law does not expressly prohibit the use of electronic smoking devices in enclosed workplaces; 36 and WHEREAS, there is broad public recognition of the dangers of secondhand smoke and support for smoke-free air laws, as evidenced by the following: A 2008 survey of California voters found that 97 percent thought that secondhand smoke is harmful, 88 percent thought secondhand smoke was harmful even outdoors, 65 percent were bothered by secondhand smoke, and 73 percent support laws restricting smoking in outdoor public places;44 and WHEREAS, as of April 2015, there are at least 64 California cities and counties with local laws restricting smoking in workplaces not covered by the state smoke-free workplace law;45 and WHEREAS, as of April 2014, at least 131 local jurisdictions in California prohibit the use of electronic smoking devices in specific locations;46 and WHEREAS, as of January 2015, there are at least 348 California cities and counties with local laws restricting smoking in recreational areas, 129 with local laws restricting smoking in outdoor dining places, and 48 with local laws restricting smoking on sidewalks in commercial areas;47 and WHEREAS, there is no Constitutional right to smoke;48 NOW THEREFORE, it is the intent of the Palm Springs, California City Council, in enacting this ordinance, to provide for cleaner air for the public health, safety, and welfare by 6 discouraging the inherently dangerous behavior of smoking and tobacco use around non-tobacco users, especially children; by protecting the public from exposure to secondhand smoke where they live, work, and play; by reducing the potential for children to wrongly associate smoking and tobacco use with a healthy lifestyle; and by affirming and promoting a healthy environment in the City of Palm Springs. SECTION II. Article __of the Palm Springs Municipal Code is hereby amended to read as follows: Sec. ____ (*1) DEFINITIONS. The following words and phrases, whenever used in this article shall have the meanings defined in this section unless the context clearly requires otherwise: (a) (a) “Business” means any sole proprietorship, partnership, joint venture, corporation, association, landlord, or other entity formed for profit-making purposes. (b) “Cannabis” means a dried preparation of the flowing tops or other parts of the cannabis plant, or a resinous extract of it (cannabis resin), typically smoked or “vaped,” transderman administration and/or orally consumed. (cb) “Common Area” means every Enclosed Area and Unenclosed Area of a Multi- Unit Residence that residents of more than one Unit of that Multi-Unit Residence are entitled to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas. (dc) “Dining Area” means any area, including streets and sidewalks, that is available to or customarily used by the general public or an Employee, and that is designed, established, or regularly used, for consuming food or drink. (ed) “Electronic Smoking Device” means an electronic device that can be used to deliver an inhaled dose of nicotine, or other substances, including any component, part, or accessory of such a device, whether or not sold separately. “Electronic Smoking Device” includes any such device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. Formatted: Indent: First line: 0" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" _- I _- I _- I _- 7 (fe) “Employee” means any Person who is employed or retained as an independent contractor by any Employer in consideration for direct or indirect monetary wages or profit, or any Person who volunteers his or her services for an Employer. (gf) “Employer” means any Business or Nonprofit Entity that retains the service of one or more Employees. (hg) “Enclosed Area” means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has (1) any type of overhead cover whether or not that cover includes vents or other op enings and at least three (3) walls or other vertical constraint to airflow including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or (2) four (4) walls or other vertical constraints to airflow including, but not limited to, vegetation that exceed six (6) feet in height, whether or not those boundaries include vents or other openings. (i) “Landlord” means any person who owns property for rent for residential use, any person who rents residential property, and any person who manages such property, expect that “landlord” does not include a master tenant who sublets a unit as long as the master tenant sublets only a single unit of a multi-unit residence. (j) “Minor” shall mean any individual who is less than eighteen (18) years of age. (kh) “Multi-Unit Residence” means property containing two (2) or more Units except the following specifically excluded types of housing: (1) a hotel or motel that meets the requirements of California Civil Code section 1940(b)(2); (2) a mobile home park; (3) a campground; (4) a marina or port; (45) a single-family home; Formatted: Indent: Left: 0.25" 8 (56) a single-family home with a detached or attached in-law or second uUnit. (l) “No Smoking Sign” means a sign containing the words “No Smoking” or the international “No Smoking” symbol (a pictorial representation of a burning cigarette in a red circle with a red bar across it.) (ni) “Nonprofit Entity” means any entity that meets the requirements of California Corporations Code section 5003 as well as any corporation, unincorporated association, or other entity created for charitable, religious, philanthropic, educational, political, social, or similar purposes, the net proceeds of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a Nonprofit Entity within the meaning of this article. (o) “Patron” means a person who buys the goods or uses the services offered by an establishment. (pj) “Person” means any natural person, cooperative association, Employer, personal representative, receiver, trustee, assignee, or any other legal entity including a government agency. (q)k) “Place of Employment” means any area under the legal or de facto control of an Employer that an Employee or the general public may have cause to enter in the normal course of the operations, regardless of the hours of operation. (rl) “Public Place” means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement. (sm) “Reasonable Distance” means a distance of twenty-five (25) feet in any direction from an area in which Smoking is prohibited. (tn) “Recreational Area” means any area, including streets and sidewalks, that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term “Recreational Area” includes but is not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, roller- and ice-skating rinks, skateboard parks, amusement parks, and beaches. (uo) “Service Area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more Persons to Formatted: Indent: Left: 0", First line: 0" Formatted: Widow/Orphan control Formatted: bullets-a b c Formatted: Indent: Left: 0", First line: 0" 9 receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “Service Area” includes but is not limited to areas including or adjacent to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines, or cab stands. (vp) “Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term “Smoke” includes, but is not limited to, tobacco smoke, Electronic Smoking Device vapors, marijuana smoke, and crack cocaine smoke. (wq) “Smoking” means inhaling, exhaling, burning, or carrying any lighted, heated, or ignited cigar, cigarette, cigarillo, pipe, hookah, Electronic Smoking Device, or any plant product intended for human inhalation. (xr)“Tobacco Product” means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether Smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (2) Any Electronic Smoking Device (including, but not limited to Vape pens). (3) Notwithstanding any provision of subsections (1) and (2) to the contrary, “Tobacco Product” includes any component, part, or accessory of a Tobacco Product, whether or not sold separately. “Tobacco Product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. (ys) “Unenclosed Area” means any area that is not an Enclosed Area. (zt) “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a townhouse; a room in a long - term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in 10 a single room occupancy (“SRO”) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family home; and an in-law or second unit. (AA) “Vape” means to inhale vapor through the mouth from a usually battery powered-operated electronic device that heats up and vaporizes a liquid or solid. Sec. ____ (*2). PROHIBITION OF SMOKING AND TOBACCO PRODUCT USE IN ENCLOSED PLACES (a) Smoking and the use of Tobacco Products is prohibited in the Enclosed Areas of the following places within the City of Palm Springs: (1) Places of Employment; (2) Other Businesses that have a common or shared air space with an Enclosed Area in which smoking is prohibited by law, such as, without limitation, openings, cracks, air ventilation systems, doorways, hallways, and stairways. Notwithstanding any other provision, the fact that Smoke enters one Enclosed Area from another Enclosed Area is conclusive proof that the areas share a common or shared air space; (3) Public Places; and (4) Common Areas of Multi-Unit Residences. (b) Smoking and the use of Tobacco Products is prohibited by this article in all Enclosed Areas exempted by the California smoke-free workplace law (Labor Code section 6404.5(d), as that section may be amended from time to time) except as provided below. (1) Smoking is not restricted by this subsection in up to ten percent (10%) of guestroom accommodations in a hotel, motel, or similar transient lodging establishment that meets the requirements of California Civil Code section 1940(b)(2) if the hotel or motel permanently designates particular guestrooms as nonsmoking rooms such that ninety percent (90%) or more of guestrooms are permanently nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent “No Smoking” signage shall be placed in nonsmoking guestrooms. (2) Smoking inside a Tobacco Shop is not prohibited by this subsection if: (a) the Tobacco Shop does not sell edible products, including, for example, food, water, or drinks, or allow such products to be consumed on the premises; (b) the Tobacco Shop Formatted: Indent: Left: 0", First line: 0" 11 prohibits minors from entering the store at all times; and (c) the premises of the Tobacco Shop is an independent freestanding building unattached to any other building, establishment, or use. For the purposes of this exception, “Tobacco Shop” means any tobacco retailer that derives more than seventy-five percent (75%) of gross sales receipts from the sale or exchange of Tobacco Products and tobacco paraphernalia. (3) Smoking in a theatrical production by the actors is not prohibited by this subsection if Smoking is an integral part of the story and the use of a fake, prop, or special effect cannot reasonably convey the idea of Smoking in an effective way to a reasonable member of the anticipated audience. Sec. ____ (*3). PROHIBITION OF SMOKING AND TOBACCO PRODUCT USE IN UNENCLOSED AREAS (a) Smoking and the use of Tobacco Products is prohibited in the Unenclosed Areas of the following places within the City of Palm Springs: (1) Recreational Areas; (2) Service Areas; (3) Dining Areas; (4) Places of Employment; (5) Common Areas of Multi-Unit Residences provided, however, that a Person with legal control over a Common Area may designate a portion of the Unenclosed Area of the Common Area as a designated Smoking area if the area meets all of the following criteria: (i) the area must be located a Reasonable Distance from any Unit or Enclosed Area where Smoking is prohibited by this article or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a Person with legal control over the property. In the case of a nonsmoking area created by agreement or designation, this provision does not apply unless the Person designating the Smoking area has actual knowledge of, or has been given notice of, the agreement or designation. A Person with legal control over a designated Smoking area may be obliged to modify, relocate, or eliminate that 12 as laws change, as binding agreements are created, and as nonsmoking areas on neighboring property are established; (ii) the area must not include, and must be a Reasonable Distance from, Unenclosed Areas primarily used by children and Unenclosed Areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, school campuses, and sandboxes; (iii) the area must be no more than ten percent (10%) of the total Unenclosed Area of the Multi-Unit Residence for which it is designated; (iv) the area must have a clearly marked perimeter; (v) the area must be identified by conspicuous signs; (vi) the area must be completely within an Unenclosed Area; and (vii) the area must not overlap with any Enclosed or Unenclosed Area in which Smoking is otherwise prohibited by this article or other provisions of this Code, state law, or federal law; and (6) Common Areas of Home Owner Associations, Planned Urban Developments, and Common Interest Community Spaces; and (7) Other Public Places, when being used for a public event, including but not limited to a farmers’ market, parade, craft fair, festival, or any other event open to the general public. (b) Nothing in this article prohibits any Person, Employer, or Nonprofit Entity with legal control over any property from prohibiting Smoking and Tobacco Product use on any part of such property, even if Smoking or the use of Tobacco Products is not otherwise prohibited in that area. (c) The Director of Community and Economic Development or his/her designee shall conduct an ongoing educational program to explain and clarify the purposes and requirements of this article, as well as to provide guidance to Persons, Employers, and Nonprofit Entities about compliance. However, lack of such education shall not be a defense to a violation of this article. 13 Sec. ____ (*4). REASONABLE SMOKING DISTANCE REQUIRED (a) Smoking in all Unenclosed Areas shall be prohibited within a Reasonable Distance from any doorway, window, opening, crack, or vent into an Enclosed Area in which Smoking is prohibited. (b) Smoking in Unenclosed Areas shall be prohibited within a Reasonable Distance from any Unenclosed Areas in which Smoking is prohibited under Sec. ____ (*3) of this article. (c) The prohibitions in subdivisions (a) and (b) shall not apply to Unenclosed Areas of private residential properties that are not Multi-Unit Residences. Sec. ____ (*5). OTHER REQUIREMENTS AND PROHIBITIONS (a) No Person, Employer, or Nonprofit Entity shall knowingly permit Smoking or the use of Tobacco Products in an area which is under the legal or de facto control of that Person, Employer, or Nonprofit Entity and in which Smoking or the use of Tobacco Products is prohibited by law. (b) No Person, Employer, or Nonprofit Entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of that Person, Employer, or Nonprofit Entity and in which Smoking or the use of Tobacco Products is prohibited by law, including, without limitation, within a Reasonable Distance required by this article from any area in which Smoking or the use of Tobacco Products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of Smoking or the use of Tobacco Products in violation of any provision of this article. (c) No Person shall dispose of used Smoking or Tobacco Product waste within the boundaries of an area in which Smoking or Tobacco Product use is prohibited, including within any Reasonable Distance required by this article. (d) A Person, Employer, or Nonprofit Entity that has legal or de facto control of an area in which Smoking and the use of Tobacco Products is prohibited by this article shall post a clear, conspicuous and unambiguous “No Smoking” and “No Use of Tobacco Products” or “Smoke-free” and “Tobacco-Free” sign at each point of ingress to the area, and in at least one other conspicuous point within the area. The signs shall have letters of no less 14 than one inch in height and shall include the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it). Signs shall also indicate the maximum fines allowable. Signs posted on the exterior of buildings to comply with this section shall include the Reasonable Distance requirement set forth in Sec. ___ (*4). At least one sign with the City of Palm Springs phone number to which complaints can be directed must be placed conspicuously in each place in which Smoking is prohibited. For purposes of this section, the City Manager or his / her designee shall be responsible for the posting of signs in regulated facilities owned or leased in whole or in part by the City of Palm Springs. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of Smoking or the use of Tobacco Products in violation of any other provision of this article. (e) No Person, Employer, or Nonprofit Entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another Person who seeks to attain compliance with this article. (f) Each instance of Smoking or Tobacco Product use in violation of this article shall constitute a separate violation. For violations other than for Smoking, each day of a continuing violation of this article shall constitute a separate violation. Sec. ____ (*6). PENALTIES AND ENFORCEMENT. (a) (a) The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. (b) It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to refuse to comply with any of its provisions, or to permit any Employee or Patron to violate this chapter. (c) It shall be unlawful for any person to Smoke in any area where smoking is prohibited under this chapter. (b) Each incident of Smoking or use of Tobacco Products in violation of this article is an infraction subject to a fine of up to five hundred dollars ($500) and/or up to twenty-five (25) hours of monitored community service work or completion of a smoking cessation program or otherwise punishable pursuant to section ___ of this code. Other violations of this article may, at the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of the City Attorney. In addition, any peace officer or code enforcement official also may enforce this chapter. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" . ~ I -----~- ----- -~1 ~- 15 (c) Violations of this article are subject to _________________a civil action brought by the City of Palm Springs, punishable by a civil fine not exceeding five hundred dollars ($500) per violation and/or up to twenty-five (25) hours of monitored community service work or completion of a smoking cessation program. (d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this article shall also constitute a violation of this article. (e) Any violation of this article is hereby declared to be a nuisance. (f) In addition to other remedies provided by this article or by other law, any violation of this article may be remedied by a civil action brought by the City Attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (g) Any Person acting for the interests of itself, its members, or the general public (hereinafter “Private Enforcer”) may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this article against any Person who has violated this article two or more times. Upon proof of the violations, a court shall grant all appropriate relief, including: (1) awarding damages; and (2) issuing an injunction or a conditional judgment. If there is insufficient or no proof of actual damages for a specific violation, the court shall award one-hundred and fifty dollars ($150) for each violation as statutory damages. (h) Notwithstanding any other provision of this article, a Private Enforcer may bring a civil action to enforce this article only if the following requirements are met: (1) The Private Enforcer’s civil action is begun more than sixty (60) days after the Private Enforcer has given written notice of the alleged violations of this article to the City Attorney and to the alleged violator; and (2) On the date the Private Enforcer’s civil action is filed, no other Person acting on behalf of the City of Palm Springs or the state has commenced or is prosecuting an administrative, civil, or criminal action based upon, in whole or in part, any violation which was the subject of the Private Enforcer’s notice; and (3) A Private Enforcer shall provide a copy of his, her, or its action to the City Attorney within seven (7) days of filing it. 16 (i) Upon a settlement or judgment based upon, in whole or in part, any violation that was the subject of the Private Enforcer’s notice, the Private Enforcer shall give the City Attorney notice of the settlement or judgment and final disposition of the case within thirty (30) days of the date of the settlement or judgment. No settlement by a Private Enforcer of a violation of this article shall be valid or enforceable if, within thirty (30) days of receiving notice of the settlement, the City Attorney determines the settlement to be unreasonable in light of the purposes of this article. Any settlement or judgment that does not meet the requirements of this subsection may be set aside upon motion to a court of competent jurisdiction by the City Attorney. (j) Except as otherwise provided, enforcement of this article is at the sole discretion of the City. Nothing in this article shall create a right of action in any Person against the City or its agents to compel public enforcement of this article against private parties. Sec. ____ (*7). OTHER LAWS. It is not the intention of this article to regulate any conduct where the regulation of such conduct has been preempted by the State of California. SECTION III. STATUTORY CONSTRUCTION & SEVERABILITY It is the intent of the City Council of the City of Palm Springs, California, to supplement applicable state and federal law and not to duplicate or contradict such law and this ordinance shall be construed consistently with that intention. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or its application to any Person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this ordinance, or its application to any other Person or circumstance. The City Council of the City of Palm Springs, California, hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof independently, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. 1. U.S. Department of Health and Human Services. The Health Consequences of Smoking — 50 Years of Progress A Report of the Surgeon General Executive Summary.; 2014. Available at: www.surgeongeneral.gov/library/reports/50-years-of-progress/exec-summary.pdf. 2 . U.S. Surgeon General. Factsheet: The Health Consequences of Smoking—50 Years of Progress: A Report of 17 the Surgeon General. 2014. Available at: www.surgeongeneral.gov/library/reports/50-years-of-progress/fact- sheet.html. Accessed June 2, 2015. 3. U.S. Department of Health and Human Services. 2006 Surgeon General’s Report —The Health Consequences of Involuntary Exposure to Tobacco Smoke. 2006. Available at: www.cdc.gov/tobacco/data_statistics/sgr/2006/index.htm. Accessed June 14, 2014. 4. California Environmental Protection Agency Air Resources Board. Envrionmental Tobacco Smoke: A Toxic Air Contaminant. California Environmental Protection Agency Air Resources Fact Sheet.; 2006. Available at: www.arb.ca.gov/toxics/ets/factsheetets.pdf. 5. California Environmental Protection Agency Air Resource Board. California Identifies Secondhand Smoke as a “Toxic Air Contaminant.” News Release. 2006. Available at: www.arb.ca.gov/newsrel/nr012606.htm. 6. Chemicals known to the state to cause cancer or reproductive toxicity. State of California Environmental Agency Office of Health Hazard Assessment Safe Drinking Water and Toxic Enforcement Act of 1986. 2015. Available at: www.oehha.ca.gov/prop65/prop65_list/files/P65single012315.pdf. 7. Klepeis N, Ott W, Switzer P. Real-Time Monitoring of Outdoor Environmental Tobacco Smoke Concentrations: A Pilot Study.; 2004. Available at: http://exposurescience.org/pub/reports/Outdoor_ETS_Final.pdf. 8. Klepeis NE, Ott WR, Switzer P. Real-time measurement of outdoor tobacco smoke particles. J Air Waste Manag Assoc. 2007;57(August 2013):522–534. doi:10.3155/1047-3289.57.5.522. 9. Repace J. Benefits of Smoke-free Regulations in Outdoor Settings: Beaches, Golf Courses, Parks, Patios, and in Motor Vehicles. William Mitchell Law Rev. 2008;34(4):1621–1638. Available at: www.repace.com/pdf/Repace_Ch_15_Outdoor_Smoke.pdf. 10. Centers for Disease Control and Prevention. Secondhand Smoke (SHS) Facts. 2014. Available at: www.cdc.gov/tobacco/data_statistics/fact_sheets/secondhand_smoke/general_facts/index.htm. Accessed June 13, 2014. 11. Institute of Medicine. Secondhand Smoke Exposure and Cardiovascular Effects: Making Sense of the Evid ence. Washington, DC; 2010. Available at: www.iom.edu/en/Reports/2009/Secondhand-Smoke-Exposure-and- Cardiovascular-Effects-Making-Sense-of-the-Evidence.aspx. 12. U.S. Department of Health and Human Services. The Health Consequences of Smoking — 50 Years of Progress A Report of the Surgeon General.; 2014. Available at: www.surgeongeneral.gov/library/reports/50-years-of- progress/full-report.pdf. 13. Lightwood J, Glantz S a. The effect of the California tobacco control program on smoking prevalence, cigarett e consumption, and healthcare costs: 1989-2008. PLoS One. 2013;8(2):e47145. doi:10.1371/journal.pone.0047145. 14. Guide to Community Preventive Services. Reducing Tobacco Use and Secondhand Smoke Exposure: Smoke - Free Policies. 2012. Available at: www.thecommunityguide.org/tobacco/smoke-freepolicies.html. Accessed July 29, 2014. 15. California Department of Public Health California Tobacco Control Program. State Health Officer’s Report on E-Cigarettes: A Community Health Threat. Sacramento, CA Available at: http://cdph.ca.gov/programs/tobacco/Documents/Media/State Health -e-cig report.pdf. 16. Grana R, Benowitz N, Glantz S. Background Paper on E-cigarettes (Electronic Nicotine Delivery Systems).; 2013. Available at: http://escholarship.org/uc/item/13p2b72n. 17. Williams M, Villarreal A, Bozhilov K, Lin S, Talbot P. Metal and silicate particles including nanoparticles are present in electronic cigarette cartomizer fluid and aerosol. PLoS One. 2013;8(3):e57987. doi:10.1371/journal.pone.0057987. 18 18. German Cancer Research Center. “Electronic Cigarettes - An Overview” Red Series Tobacco Prevention and Control. Heidelberg; 2013. Available at: www.dkfz.de/de/tabakkontrolle/download/Publikationen/RoteReihe/Band_19_e-cigarettes_an_overview.pdf. 19. Goniewicz ML, Knysak J, Gawron M, et al. Levels of selected carcinogens and toxicants in vapour from electronic cigarettes. Tob Control. 2013;1:1–8. doi:10.1136/tobaccocontrol-2012-050859. 20. Schripp T, Markewitz D, Uhde E, Salthammer T. Does e-cigarette consumption cause passive vaping? Indoor Air. 2013;23(1):25–31. doi:10.1111/j.1600-0668.2012.00792.x. 21. Schober W, Szendrei K, Matzen W, et al. Use of electronic cigarettes (e -cigarettes) impairs indoor air quality and increases FeNO levels of e-cigarette consumers. Int J Hyg Environ Health. 2013. doi:10.1016/j.ijheh.2013.11.003. 22. McMillen R, Maduka J, Winickoff J. Use of emerging tobacco products in the United States. J Environ Public Health. 2012;2012. doi:10.1155/2012/989474. 23. Tobacco Education and Research Oversight Comittee (TEROC). Position on Electronic-Cigarettes (e- cigarettes).; 2013. Available at: www.cdph.ca.gov/services/boards/teroc/Documents/Positions/TEROC Official Position of E-Cigs_June 2013_final.pdf. 24. National Cancer Institute. Smokeless Tobacco and Cancer. 2010. Available at: www.cancer.gov/cancertopics/causes-prevention/risk/tobacco/smokeless-fact-sheet. Accessed April 2, 2012. 25. Henley SJ, Thun M, Connell C, Calle E. Two Large Prospective Studies of Mortality Among Men Who Us e Snuff or Chewing Tobacco (United States). Cancer Causes Control. 2005;16(4):347–58. doi:10.1007/s10552- 004-5519-6. 26. Boffetta P, Straif K. Use of smokeless tobacco and risk of myocardial infarction and stroke : systematic review with meta-analysis. 2009:1–6. doi:10.1136/bmj.b3060. 27. Arefalk G, Hambraeus K, Lind L, Michaëlsson K, Lindahl B, Sundström J. Discontinuation of smokeless tobacco and mortality risk after myocardial infarction. Circulation. 2014;130(4):325–32. doi:10.1161/CIRCULATIONAHA.113.007252. 28. Baba S, Wikström A-K, Stephansson O, Cnattingius S. Influence of snuff and smoking habits in early pregnancy on risks for stillbirth and early neonatal mortality. Nicotine Tob Res. 2014;16(1):78–83. doi:10.1093/ntr/ntt117. 29. United States Department of Agriculture. Tobacco Outlook. Electron Outlook Rep from Econ Res Serv. 2007;TBS- 263:TBS–263. Available at: http://usda.mannlib.cornell.edu/usda/ers/TBS/2000s/2007/TBS-10-24-2007.pdf. 30. Schneider JE, Peterson NA, Kiss N, Ebeid O, Doyle AS. Tobacco litter costs and public policy: a framework and methodology for considering the use of fees to offset abatement costs. Tob Control. 2011;20 Suppl 1(Suppl 1):i36–41. doi:10.1136/tc.2010.041707. 31. Rath JM, Rubenstein R a, Curry LE, Shank SE, Cartwright JC. Cigarette litter: Smokers’ attitudes and behaviors. Int J Environ Res Public Health. 2012;9(6):2189–203. doi:10.3390/ijerph9062189. 32. Ocean Conservancy. Tracking Trash: 25 Years of Action for the Ocean. Washington, DC; 2011. 33. Novotny TE, Lum K, Smith E, Wang V, Barnes R. Cigarettes butts and the case for an environmental policy on hazardous cigarette waste. Int J Environ Res Public Health. 2009;6(5):1691–705. doi:10.3390/ijerph6051691. 34. Mowry JB, Spyker D a, Cantilena LR, Bailey JE, Ford M. 2012 Annual report of the American Association of Poison Control Centers’ National Poison Data System (NPDS): 30th annual report. Clin Toxicol. 2013;51(10):949–1229. doi:10.3109/15563650.2013.863906. 35. Lewander W, Wine H, Carnevale R, et al. Ingestion of cigarettes and cigarette butts by children -- Rhode Island, January 1994 - July 1996. Morb Mortal Wkly Rep. 1997;40(6):125–128. Available at: 19 www.cdc.gov/mmwr/preview/mmwrhtml/00046181.htm. 36. Cal. Labor Code § 6404.5.; 1995. 37. Al-Delaimy W, White M, Mills A, et al. Two Decades of the California Tobacco Control Program: California Tobacco Survey, 1990-2008.; 2010. Available at: www.cdph.ca.gov/programs/tobacco/Documents/Resources/Publications/CDPH_CTS2008 summary report_final.pdf. 38. Johnson R, Pearson A. Left Behind in the Smoke: How Exemptions in California’s Smoke-free Workplace Act Impact Health Inequities. ChangeLab Solutions; 2014. Available at: http://changelabsolutions.org/publications/smoke-free-workplaces-inequities. 39. California Department of Public Health California Tobacco Control Program. Exemptions and Loopholes in California’ss Smoke-Free Workplace Law Fail to Protect Vulnerable Populations and Promote Health Inequities.; 2011. 40. California Department of Public Health California Tobacco Control Program. Breathing secondhand smoke should not be a condition of employment in California 25.; 2014. Available at: www.cdph.ca.gov/programs/tobacco/Documents/Resources/Fact Sheets/Secondhand Smoke Infograph.pdf. 41. Max W, Sung H-Y, Shi Y. Exposure to secondhand smoke at home and at work in California. Public Health Rep. 2012;127(1):81–8. Available at: www.pubmedcentral.nih.gov/articlerender.fcgi?artid=3234400&tool=pmcentrez&rendertype=abstract. 42. Cal. Lab. Code § 6404.5(i) (West 2009). 43. NoCal. Health & Safety Code § 104495 (West 2008). 44. Goodwin Simon Victoria Research. Study of California Voters’ Attitudes About Secondhand Smoke Exposure. Cent Tob Policy Organ. 2008. Available at: http://center4tobaccopolicy.org/tobacco-policy/smoke-free- outdoor-areas/secondhand-smoke-california-voters/. 45. American Nonsmokers’ Rights Foundation. U.S. 100 % Smoke-free Laws in Non-Hospitality Workplaces AND Restaurants AND Bars American Nonsmokers ’ Rights Foundation.; 2015. Available at: www.no- smoke.org/pdf/WRBLawsMap.pdf. 46. American Lung Association in California the Center for Tobacco Policy and Organizing. Local Policies on the Use of Electronic Cigarettes. 2015. Available at: http://center4tobaccopolicy.org/wp- content/uploads/2015/04/Local-Policies-on-Use-of-E-Cigs-April-2015.pdf. 47. Association AL. State of Tobacco Control 2015.; 2015. Available at: www.lung.org/associations/states/california/assets/pdfs/sotc-2015/sotc-2015_ca-full-report.pdf. 48. ChangLab Solutions. There is No Constitutional Right to Smoke (CA Version. Oakland, CA; 2005. Available at: http://changelabsolutions.org/publications/no-right-to-smoke-CA.