HomeMy WebLinkAbout1964ORDINANCE NO. 1964
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 2.60 OF THE PALM
SPRINGS MUNICIPAL CODE, RELATING TO PUBLIC
INTEGRITY, NOTICING, LOBBYING, AND APPLICANT
DISCLOSURE, AND IDENTIFYING FORTHCOMING
CHANGES IN NOTICING.
City Attorney's Summary
This Ordinance amends Chapter 2.60 of the City's Municipal
Code relating to public integrity. The Ordinance changes the
City's noticing requirements so that residents, not just property
owners, receive legal notices from the City. In addition, it adds
provisions to Chapter 2.60 that provide for the regulation of
lobbyists in the City. Finally, the Ordinance modifies a previously
adopted provision requiring applicants to disclose all owners and
investors with interests worth $2,000 or more, imposing a
requirement upon applicants that they identify and make formal
disclosure of each such owner or investor who has a material
financial relationship with any City official.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Title 2, Chapter 2.60, Section 2.60.010 of the Palm Springs
Municipal Code is hereby amended, modifying subparagraph (E) and adding
subparagraphs (H) and (1), to read as follows.
2.60.010 Findings and Purpose
(A) The City recognizes service by public officials in community and non-profit
organizations takes place, and has an interest in ensuring that when public officials
provide such service, that they are insulated from a negative public perception and/or
any allegation that a conflict of interest impairs their fulfillment of their duty to the City.
(B) Not all interests that create a conflict for public officials are financial in nature. To
limit the impact of non -financial conflicts of interest upon public service in the City, the
City Council has proscribed participation in making of governmental decisions by
officials who have non -economic conflicts of interest reflected in this Chapter.
(C) Non -economic conflicts of interest arise when officials owe a legal duty to another
person or organization and from rented or leased real property interests.
(D) Applicants for City approvals are sometimes not natural persons. To ensure the
avoidance of conflicts of interest by public officials, in the instance of an applicant that
is not a natural person, the City should receive disclosure of the applicant's status and
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Page 2
identity, including disclosure by the applicant of officers, directors, members, or
managers.
(E) Officials have significant duties under applicable law with respect to the detection
and disclosure of conflicts of interest. Applicants for City approvals have information
about their ownership, executives, and management that will assist City officials in
evaluating their potential conflicts of interest. An applicant's duty to disclose should
ensure that City officials know the identities of all persons who hold significant positions
in the applicant entity (e.g., officers, directors, managers, members, etc.), or in any
related entity that owns an interest in, or derives profits from the applicant entity's
operation, and also persons who own a beneficial interest in any such entity that allows
the transfer or voting representation of five percent (5%) of the entity.
(F) The City acknowledges that the interest of a public official who is a renter or
lessor of real property, whether as a residence, a place of business or an investment,
has the potential in many, if not all instances, to create a conflict of interest for that
official with respect to applications involving a second real property that will arguably
create impacts upon the vicinity of the property rented or leased by the official.
(G) The City's residents do not elect the members of the Planning Commission, and
Planning Commission actions often do not attract the degree of attention in the
community inherent to City Council consideration of a matter. That said, Planning
Commission decisions are final in many matters of significance. A Planning Commission
action should not become "final" before the public enjoys the benefit of City Council and
public awareness of the Planning Commission action in question. Further, Planning
Commission decisions being available for public review on the City's website supports
a transparency of planning action that the City desires.
(H) The City's residents have a right to know the identity of interests that attempt to
influence decisions of City government, as well as the means employed by those
interests. Equity and transparency demand that all lobbyists register with the City be
subject to the same regulations, restrictions and requirements, regardless of their
respective backgrounds, training, professional qualifications, or licensure. Only
complete and truthful disclosure by lobbyists serves these goals.
(1) The City Council acknowledges and finds legal significance in the interest that
renters and people who lease real property have in regulations and events in their
community. Renters and people who lease property must have the same opportunity as
property owners to address matters before the City Council and the City's boards and
commissions. In order to have that opportunity, the City must provide legal notices to
renters and persons who lease real property in the same manner that it provides legal
notices to property owners.
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SECTION 2. Title 2, Chapter 2.60, Section 2.60.020 of the Palm Springs
Municipal Code is hereby amended, adding the definition of "Lobbyist," to read as
follows.
2.60.020 Definitions
As used in this Chapter, the following definitions shall apply:
"Act" means the Political Reform Act of 1974 as it has been and may be amended
from time to time.
"Applicant" means a person or entity that applies for a City approval determined
by a vote of City officials.
"Application" means the application filed or presented by an applicant to the City.
"Business Day" means a day of the week when city hall for the City of Palm
Springs is open for public business.
"Form 700" means the statement of economic interests filed by an official with
the California Fair Political Practices Commission and/or the city clerk, whether
pursuant to Government Code Section 87200 or the local conflict of interest code.
"Lobbyist" means any individual who is employed, retained or contracts for
economic consideration to communicate with any official or any employee of the City of
Palm Springs for the purpose of influencing a legislative or administrative action.
Lobbying shall not include communication with an official or employee when the
communicator is not compensated for his/her efforts to influence per se.
"Material Change of Interest" means an official assumes, is assigned, resigns, is
terminated, purchases or sells, or otherwise comes to possess or forfeit an interest
identified in Section 2.60.040.
"Official" means every elected or appointed official who serves on the City
Council or on any appointive board or commission of the City, whether under the Charter
or this Code, the City Manager and the City Attorney. An official's elected or appointed
status has no bearing upon the applicability of this Chapter except as specifically stated.
"Planning Commission" means the body defined by Section 607 of the charter of
the City and Chapter 2.29 of this Code.
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SECTION 3. Title 2, Chapter 2.60, Section 2.60.040 of the Palm Springs
Municipal Code is hereby amended, modifying subparagraph (B), to read as follows.
2.60.040 Duties of Officials
(A) Every official shall disclose each and all of his/her interests, wherein he/she
serves as a voting member of a board of directors or other governing body of a non-
profit entity without compensation, as a currently retained attorney or accountant for
such an entity who provides pro bono services, or as the trustee of a charitable trust.
The disclosure shall be on a written form prepared, maintained and amended as
deemed appropriate by the city clerk. The disclosure of these interests shall be executed
under penalty of perjury under the laws of the state, and shall be filed with the city clerk
at or before the end of the first business day of the month of April.
(B) With the sole exception of real property used as a primary residence, every
official shall disclose each and all of his/her rented or leased interests in real property
located in the City. The disclosure shall be on a written form prepared, maintained and
amended as deemed appropriate by the city clerk. In the case of an official's rental or
leasing of his/her primary residence, that official shall disclose the fact of that rental or
leasing agreement, but need not disclose the address of the real property in question.
The disclosure of rented or leased interests in real property shall be executed under
penalty of perjury under the laws of the state, and shall be filed with the city clerk at or
before the end of the first business day of the month of April.
(C) In the event that any official experiences a material change of interest after filing
a form pursuant to subdivision (A) or (B) of this section 2.60.040, or as to any interest
identified in that official's most recent Form 700, but before the upcoming annual filing
date of a new form, the official in question shall file an amendment to the form on file
with the city clerk within thirty (30) days of the end of any quarter during which the official
in question is subject to the material change of interest.
(D) In the event that an official serves an applicant as a voting member of a board of
directors or other governing body of a non-profit entity without compensation, as a
currently retained attorney or accountant for such an entity who provides pro bono
services, or as the trustee of a charitable trust, that official shall not vote upon, or
advocate a particular result or outcome with respect to any application by that applicant.
For purposes of this subdivision (D) and subdivision (E) of section 2.60.040, "advocating
a particular result or outcome with respect to an application" means influencing,
encouraging, or attempting to influence or encourage any other individual official to vote,
or be more disposed to vote, in a particular manner with respect to an application. Such
an official shall disclose the nature of his/her interest related to the applicant on the
record of each proceeding before him/her in the action in question, and recuse
himself/herself from voting with respect to said action.
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(E) In the event that an official rents or leases real property located within five
hundred (500) feet of any real property that is the subject of an application, that official
has a non -financial conflict of interest under this Chapter, and shall not vote upon, or
advocate a particular result or outcome with respect to the application in question.
Neither the term, nor whether the lease or rental agreement is in writing has any bearing
upon the applicability of this section 2.60.040(E). Any official with a conflict hereunder
shall disclose the nature of his/her rented or leased real property interest on the record
of each proceeding before him/her in the action in question, and recuse himself/herself
from voting upon the action in question.
(F) There shall be no conflict of interest requiring disclosure or disqualification under
this Chapter in relation to an official's service on any board, commission, or other body,
provided that the official in question is appointed to the service in question by the City
Council.
(G) An official who has a non -financial conflict of interest as defined in this section
2.60.040 does not have the duty to leave the room when an action wherein he/she has
the conflict in question is considered.
SECTION 4. Title 2, Chapter 2.60, Section 2.60.050 of the Palm Springs
Municipal Code is hereby amended, modifying subparagraph (A), adding new
subparagraphs (B), and (C), and re -designating former subparagraphs (B) and (C) to
be subparagraphs (D) and (E), to read as follows.
2.60.050 Duties of Applicants
(A) Every applicant that is not an individual natural person, or comprised exclusively
of natural persons with no outside investors, must disclose to the City the identity of
each natural person who holds or occupies a significant position with respect to that
applicant entity, or any entity that owns an interest or derives profits in relation to the
applicant entity, e.g., a sub -entity, a parent company, an affiliate, etc. In addition, every
applicant must disclose to the City the identity of each owner or investor of any disclosed
entity who owns a beneficial interest of five percent (5%) or more of the entity in
question.
(B) Each applicant shall file a written disclosure consistent with section 2.60.050(A)
with the City. Disclosure pursuant to section 2.60.050(A) shall be made at the time when
an applicant files its application, on a form approved by the City Clerk, and maintained
and provided to the applicant by the City.
(C) For purposes of section 2.60.050(A), "significant position" shall be defined as
follows: (i) officers and directors (in the instance of a corporation), (ii) members and
managers (in the instance of a limited liability company), (iii) partners (in the case of
partnerships), or (iv) trustees and other fiduciaries (in the instance of a trust or another
form of organization).
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(D) In the event that an applicant fails to comply with section 2.60.050(A), the
application of the applicant in question shall be deemed incomplete for all purposes,
and the City shall not process or in any way consider the application of the applicant in
question.
(E) A condition precedent to the initiation of any action by an aggrieved applicant
pursuant to subdivision (D) of section 2.60.070 shall be the filing with the city clerk of a
written notice of the aggrieved applicant's intent to file a petition for relief consistent
therewith. The written notice shall state with particularity the nature of the violation of
this Chapter alleged by the aggrieved applicant, and provide the City with not less than
ten (10) business days during which the City may cure the alleged violation. No right
pursuant to subdivision (D) of section 2.60.070 shall exist until the passage of the entire
period to cure pursuant hereto.
SECTION 5. Title 2, Chapter 2.60, Section 2.60.060 of the Palm Springs
Municipal Code is hereby added, to read as follows.
2.60.060 Mandate re Notices to Tenants
(A) Notices of public hearing and all legal notices of required by state law or this
Code for issuance to owners of real property in a specified area within the City shall
instead be issued to all owners and tenants of real property in that area.
(B) The City shall have the duty to comply with this section 2.60.060 to the greatest
extent practicable, but a failure by the City to issue any notice, or a failure of any person
or entity to receive notice given pursuant hereto shall not limit the authority of the City
to take any action, or constitute grounds for any court to invalidate any action of the City
in relation to the flawed notice.
(C) The City shall take all steps necessary to affect full implementation of this section
2.60.060 on or before December 31, 2018, and this subdivision (C) shall be repealed
on January 1, 2019.
SECTION 6. Title 2, Chapter 2.60, Sections 2.60.080, 2.60.090, 2.60.100,
2.60.110, 2.60.120, 2.60.130, 2.60.140, and 2.60.150 of the Palm Springs Municipal
Code are hereby added, to read as follows.
2.60.080 Registration of Lobbyists
(A) Prior to conducting any activities for the purpose of influencing any action by the
City of Palm Springs, any lobbyist shall register with the City Clerk by filing a written
statement containing:
The lobbyist's full name, business address and telephone number;
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2. The name, business address and telephone number of any individual or
entity by whom the lobbyist is employed or with whom he or she contracts
to perform lobbying services in the city; and
3. A description of the subject matter of the lobbyist's engagement.
(B) The City Clerk shall make a copy of all lobbyist registrations available to the
public on the City's website.
(C) Lobbyists engaged by the City shall not be exempt from the requirements of this
Chapter.
(D) Within thirty (30) days of the City's engagement of a lobbyist, a staff report
memorializing the engagement will be presented to the City Council at a public meeting
in a report to be received and filed in the administrative record of the meeting in
question.
2.60.090 Mandatory Verbal Disclosure by Lobbyists and Registration Equivalents
(A) Any lobbyist appearing at any City public meeting who has not registered in
compliance with Section 2.60.080(A) must verbally state all information required by that
Section prior to speaking. A registered lobbyist must verbally state that he/she is a
registered lobbyist with a registration filed in the office of the City Clerk, and identify the
party that employs him/her as such. The time consumed by the verbal disclosure
required by this Section 2.60.090(A) shall not be counted against the time allotted to the
lobbyist in question as a speaker at the public meeting in question.
(B) A lobbyist is deemed to be registered with the City Clerk or to have amended
his/her registration with the City Clerk if he or she has otherwise provided the City of
Palm Springs in writing with the information required by Section 2.60.080, or has
complied with Section 2.60.090(A), and filed the appropriate registration or amendment
within ten (10) days after the public meeting in question.
2.60.100 Lobbyist Registration - Fee
The City Clerk may charge a fee for filing, amending and/or renewal of a registration,
the amount of which shall be determined by resolution of the City Council.
2.60.110 Lobbyist Registration - Time
Every lobbyist required to file a registration statement under this Chapter shall register
with the City Clerk no later than ten (10) days after being engaged as a lobbyist, and
shall renew the registration annually as required in Section 2.60.120.
2.60.120 Lobbyist Registration — Renewal Time
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Registration shall be renewed with the City Clerk on an annual basis between May 21 St
and June 1st of each year. Registration shall be valid for one (1) year.
2.60.130 Amendment of Lobbyist Registration Information.
If any change occurs concerning any of the information required by Section 2.60.080,
the lobbyist shall file an amendment reflecting the change within ten (10) days of the
change.
2.60.140 Notice of Termination.
Lobbyists may file a notice of termination with the City Clerk within ten (10) days after
ceasing all activity which required registration.
2.60.150 Post -Employment Lobbying.
(A) Members of the City Council, the City Manager, the City Attorney, and all City
department heads are "designated employees and officials" for purposes of this section.
(B) Designated employees and officials shall not, for a period of one (1) year after
leaving that office or employment, act as a lobbyist on behalf of any other person or
entity, when making any formal or informal appearance before, or when making any oral
or written communication to, the City Council or any committee, subcommittee, board,
commission, or any present member thereof, or any officer or employee of the City.
(C) A member of any of the City's appointed boards and/or commissions shall not,
for a period of one (1) year after leaving that appointment, act as a lobbyist on behalf of
any other person or entity, when making any formal or informal appearance before, or
when making any oral or written communication to the board and/or commission of
which he/she was a member, or to any present member of that board and/or
commission.
(D) Sections 2.60.150(B) and 2.60.150(C) shall not apply to any individual who is, at
the time of the appearance or communication, a board member, officer, employee, or
representative of another local government agency, a public agency, or a non-profit
organization, and is appearing or communicating on behalf of that agency or
organization.
SECTION 7. Title 2, Chapter 2.60, Section 2.60.080 of the Palm Springs
Municipal Code, as adopted in Ordinance No.1953, is hereby renumbered to be Section
2.60.199, and amended to read as follows.
(A) Upon verification by the City Attomey or his/her designee of an official failing to
make a disclosure under this Chapter, an official shall have thirty (30) days, after
notification by the city clerk in writing of any alleged failure to disclose, during which
Ordinance No. 1964
Page 9
he/she may correct the violation related to that failure to disclose. The correction shall
consist of a verbal disclosure at the next public meeting of the legislative body of which
the official in question is a member. Provided that an official makes proper disclosure
during that thirty (30) day period with respect to his/her first disclosure violation within
any period of twelve (12) months, that official shall not be subject to any enforcement
by the City, pursuant to subdivision (C) of this section 2.60.199, as to the violation in
question.
(B) Upon verification by the City Attomey or his/her designee of an official failing to
properly recuse himself/herself under this Chapter, and after notification by the city clerk
in writing of any alleged failure to disqualify, the City Attorney or his/her designee shall
prepare and present a staff report to the City Council, not less than thirty (30) days after
such notification, which report shall describe with particularity the failure to disqualify in
question. That staff report shall be received and filed at the City Council's first public
meeting after the passage of this thirty (30) day post -notification period, as a consent
calendar item. No official shall be subject to any enforcement by the City, pursuant to
subdivision (C) of this section 2.60.199, with respect to his/her first disqualification
violation within any period of twelve (12) months.
(C) An official who violates a provision of this Chapter and is subject to City
enforcement pursuant to subdivision (A) or subdivision (B) of this section 2.60.199 is
subject to administrative penalties pursuant to Chapters 1.01 and 1.06 of this Code, but
not subject to any civil action or criminal penalty.
(D) An action upon an application taken by the City Council or any appointed board
or commission, wherein an official has a non -financial conflict of interest under this
Chapter but fails to disclose the existence and nature of that conflict, remains valid and
enforceable for all purposes notwithstanding any violation of this Chapter.
SECTION 8. The mandate with respect to noticing codified in Section 2.60.060
adopted in Section 4 of this Ordinance will be implemented on or before December 31,
2018 via additional legislation amending various provisions of this Code and Chapter
94 of the Palm Springs Zoning Code (PSZC). This additional legislation will necessarily
be recommended by the Planning Commission, and approved by separate action of this
Council. Six (6) provisions to be amended will be modified in a manner roughly
consistent with the following legislative text:
I. 8.05.140 Notice of public hearing.
(a) Mailed notice of the public hearing shall be provided at least ten days prior to the
hearing to the owners and all residents of all property lying within the area proposed to
be designated as an historic site or district or within 500 feet of the outer boundaries of
the area proposed to be designated as an historic site or district, and in addition to such
mailed notice, notice of such hearing shall be published in a newspaper of general
circulation within the city at least ten days prior to such hearing. If mailed notice as
required above would result in notice to more than one thousand persons, as an
Ordinance No. 1964
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alternative to such mailed notice, notice may be given by placing a display
advertisement in a newspaper of general circulation in the city, and by posting such
notice in at least three conspicuous places within the proposed boundaries of such site.
II. 9.64.100 Supplemental improvements.
(b) Reimbursement Agreement —Funding Procedures.
No charge, area of benefit or local benefit district shall be established unless and
until a public hearing in accordance with the provisions of this title is held thereon by the
city council and the city council finds that the fee or charge and the area of benefit or
local benefit district is reasonably related to the cost of such supplemental
improvements and the actual ultimate beneficiaries thereof. In addition to any other
notice required by law, written notice of the hearing shall be given to the subdivider and
to those who own property or reside within the proposed area of benefit, as shown on
the latest equalized assessment roll or otherwise, and the potential users of the
supplemental improvements insofar as they can be ascertained at the time. Such
notices shall be mailed by the city clerk at least ten days prior to the date established
for hearing.
III. 11.12.090 Licenses —Granting, denial, amendment and transfer.
(b) Notice of Public Hearing.
Notice of a public hearing to consider a gaming club application or amendment
of an existing license shall contain the time and place of the hearing and the location of
the proposed gaming club, and shall, at least ten days prior to the hearing, be posted
on the official City Hall bulletin board, published in a newspaper of general circulation,
and mailed to all owners and residents of property located within a radius of five hundred
feet of the exterior boundaries of the subject property.
IV. 94.05.05 Official notice.
A. Upon determination that the provisions of this chapter apply to a given parcel of
land, the director of planning and zoning, or his designee shall send a notice thereof by
certified mail to the owner thereof, as shown on the last equalized assessment roll, and
to the resident thereof or tenant therein, if any, and shall cause such notice to be
published at least once in a newspaper of general circulation.
V. 94.08.00 Development agreements.
A. Development Agreements.
9. Notice.
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Page 11
The director shall give notice of intention to consider adoption of development
agreement and of any other public hearing required by law or these rules.
a. Form of Notice.
The form of the notice of intention to consider adoption of development agreement shall
contain:
i. The time and place of the hearing;
ii. A general explanation of the matter to be considered, including a
general description of the area affected; and
iii. Other information required by specific provisions of these
regulations or which the director considers necessary or desirable.
b. Time and Manner of Notice.
Publication or Posting.
The notice shall be published at least once in a newspaper of general circulation,
published and circulated in the city of Palm Springs, or if there is none, posting in at
least three (3) public places in the city of Palm Springs.
ii. The notice shall be mailed to all persons shown on the last
equalized assessment roll as owning real property, and to all residents
living within five hundred (500) feet of the property which is the subject of
the proposed development agreement. If the number of owners and
residents to whom notice is to be mailed is greater than one thousand
(1,000), the director may as an alternative provide notice in the manner
set forth in Sections 65867 and 65091(a)(4) of the Government Code.
C. Declaration of Existing Law.
The notice requirements referred to in subsections (A)(9)(a) and (A)(9)(b) of this section,
are consistent with Section 2.60.060 of this Code, and exceed the requirements of state
law (Government Code Section 65867 and Sections 65090 and 65091).
d. Failure to Receive Notice.
The failure of any person entitled to notice required by law or these regulations to
receive notice does not affect the authority of the city of Palm Springs to enter into a
development agreement.
VI. 94.09.00 Public hearing procedure.
E. Mailing.
1. Mailing Labels.
a. The applicant shall submit one or more verifiable lists of addresses of
real property, owners of property, and lessees and sub -lessees of record as
shown on the latest equalized assessment roll of the County Assessor.
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Addresses within 500 feet of the exterior boundaries of the subject property,
together with a map showing the 500-foot radius drawn accurately with the
subject property identified, that further identifies the individual parcel of each
property owner, and the address or addresses corresponding to each parcel
shall be submitted.
b. If any property within the 500-foot radius as described in Paragraph 1.a
is owned by one or more members of the Indian tribe and held in trust by the
United States Government, written notice consistent with the provisions of
Paragraph 1.a for each such parcel shall be delivered to the Director of Indian
Affairs.
G. All mailing addresses of owners and residents within a condominium
complex must be included.
d. All mailing addresses of lessees and sub -lessees of record must be
included.
e. All mailing addresses of subject property's owner, project applicant and
owner's representative shall be included.
f. A certified letter from a title company or other qualified source verifying
the accuracy of the information must accompany the submittal.
g. No application shall be accepted for filing without the required mailing
list and three (3) sets of gummed and typed mailing labels in the form required
by the department of planning.
h. The Director of Planning or his/her designee shall check the submitted
list and map against city records and shall verify the accuracy and
completeness of said list as so checked.
2. Notices.
Notices shall be mailed at least 10 days prior to the hearing date to all persons listed in
Section 1 herein.
3. Number of owners and residents to whom the notice would be mailed. If the
number of owners and residents to whom the notice would be mailed pursuant to this
section is greater than one thousand (1,000) the city may, in lieu of mailed notice,
provide notice by placing a display advertisement of at least one -eighth page in at least
one newspaper of general circulation within the city in which the hearing is conducted
at least 10 days prior to the hearing.
4. Neighborhood Organization Notification.
Notification shall also be sent via electronic mail to the representatives, listed on the
"ONE -PS List of Neighborhood Representatives and Alternate Representatives"
maintained as a public record by the City's Office of Neighborhoods, of each and all of
the City's neighborhood organizations that has a boundary within one-half (1/2) mile of
the subject site by city staff.
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Page 13
5. Request for Notification.
Pursuant to CGC 65092 when a provision of this title requires notice of a public hearing,
the notice shall also be mailed at least 10 days before the hearing to any person who
has filed a written request for notification with the City Clerk or the Secretary of the
Planning Commission and provided stamped self-addressed envelopes or a fee as set
by City Council,
6. Additional Notice.
The Director of Planning Services may require additional notice of the hearing by
expanding the area of notification or using other means of notification or both.
7. Failure of person to receive notice.
The failure of any person or entity to receive notice given pursuant to Title 7 of the
California Government Code, or pursuant to any requirement of Chapter 2.60 of this
Code shall not constitute grounds for any court to invalidate the actions of the city.
SECTION 9. 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.
SECTION 10. Neither introduction nor adoption of this Ordinance represents a
"project" for purposes of the California Environmental Quality Act (CEQA), as that term
is defined by CEQA guidelines (Guidelines) section 15378, because this Ordinance is
an organizational or administrative activity that will not result in a direct or indirect
physical change in the environment, per section 15378(b)(5) of the Guidelines.
SECTION 11. 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 and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND AD D BY ALM SPRINGS CITY
COUNCIL THIS 17TH DAY OF OCTOBER, 018.
ROBERT MOON, MAYOR
ATTEST:
1
TFIONY J. JIA, M
City Clerk
Ordinance No. 1964
Page 14
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1964 is a full, true, and correct copy, and introduced
by the City Council at a regular meeting held on Wednesday the 201h day of September,
2018, and adopted at a regular meeting of the City Council held on the 17'h day of
October, 2018 by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 1,41� day of l)ak,oa! , -zp < <b
A ONY .
City Clerk