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HomeMy WebLinkAbout1/1/1974 - ORDINANCES 12..E ORDINANCE NO. 957 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 3. 16. 060 OF THE PALM SPRINGS MUNICIPAL CODE CONCERNING AUTHORITY OF THE DIRECTOR OF FINANCE AND GENERAL SERVICES TOPREPAY DEMANDS AND I REFUND CLAIMS PRIOR TO AUDIT BY THE CITY COUNCIL. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3. 16. 060 of the Palm Springs Municipal Code is hereby amended to read as follows: 3. 16. 060 Prepayment of demands. (a) Prepayment of demands prior to audit by the finance committee and the city council may be made by the director of finance and general services in conformity with the authority provided by Section 37208 of the Government Code of the state. (b) Whenever the director of finance and general services determines that a refund is due of fees, taxes or other receipts collected in error or in advance of being earned, or of money the refund of which is other- wise due pursuant to specific provisions of this code or of any other ordinance of this city, then any such refund shall be deemed as conforming to the currently approved budget, and may be prepaid in the same fashion as other demands encompassed within the terms of subsection (a) above. _ SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 9th day of January �, 1974. AYES: Councilmen Beirich, Foster, Garcia, Schlecht and Mayor Wiefels NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA DONALD A. BLUBAUGH City Clerk y , J .s ..-..+.Pi.. Deputy City Clerk Mayor i. APPROVED AS TO FORM: CONTENTS APPRO� Date Date /1 - 6 I3 s•-B I hereby certify that the foregoing Ordinance 957 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 9th day of January, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on January 15, 1974. I DON&LD A. BLUBAUGH Dated this 15th day Y: JUDITH SUMICH of January, 1974. Deputy City Clerk 1 t.. ORDINANCE NO. 998 AN OR.DINA.NCE OF T'HE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING ORDINANCE FOR A CHANCE OF ZONE FROM 0-5 to M-l-P FOR PROPERTY LOCATED ON THE EAST. SIDE OF BOGIE ROAD, NORTH OF RAMON ROAD, SECTION 18. 111E CITY COliflCil, OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SEC'TJON 1. Pursuant to Section 9100.03-b of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows: Zone Change: The 111.71 acre parcel of property legally shown on the attached Exhibit. "A" is rezoned from an 0-5 classification to an M-l-P classification. SP,CT'lON 2. EFFECTIVE DATE. This Ordinance shall be in full force and ef.Ccct thirty (30) days after passage. SECTION 3. P'UBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 13th —day of February _, ,1974. AYE'S: Councilmen Foster, Garcia, Schlecht and Mayor Wiefels ABSTAIN: Councilman Beirich NOES: None ABSENT: None ATTEST: CITY LM SPRINGS, CALIFORNIA ^ d° "' 00, j � ayor )Z.EVIEbdED & APPROVED G� I hereby certify that the foregoing Ordinance 958 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 13th day of February, 1974, and that same was pub- lished in THE DESERT SUN, a newspaper of general circulation on February 20, 1974. D�ONALD A. BLUBAUGH Dated this 7th day of 'BY: JUDITH SUN1I_C� March, 1974. Deputy City Clerk ........ .... V. �77 ACRES ILL] x) > VO 0 U U) A. �v, 0 40' j� 'co 0 0 OL MISSION mr LJ 4850 s rmj' 0 Ld R 5 E r'P T I I T 0 F P U L I c V:I 0 fn;1-�S E 1 C, i i 17 i: DPI i S 10 1 A P PRO V E 0 : t AdRPOR"11 P CAP E rV PL-A'l r;1!ZLr1-UF, R. E r—f-PERTY PLAT i"OR IM-1-P ZON" uy: 1 Al,,'EA H.E. OF ;1- ()C.I E, RO D ,S TK)N R P f,% t f ID D CY . Q W ORDINANCE NO. 959 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 11. 44 OF THE PALM SPRINGS MUNICIPAL CODE BY ADOPTING COMPREHENSIVE REGULATIONS CONCERNING I PARKS AND RECREATION AREAS. ---------------- THE CITY COUNCIL OF THE CITY OF :PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Title 11 of the Palm Springs Municipal Code is here- by amended by amending Chapter 11. 44 thereof, to read as follows: Chapter 11. 44 PARKS AND RECREATION AREAS 11. 44. 010 Application of chapter. (a) The provisions of this chapter shall apply to and be in full force and effect at all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the City of Palm Springs, including all grounds, roadways, avenues, parks, buildings, school facilities when they are in use as recreational facilities, and areas, under the control, manage- ment or direction of the director of community services of the City of Palm Springs, Said provisions shall also be deemed applicable with respect to all municipal golf course areas insofar as such provisions are not inconsistent with I provisions of Chapter 11. 32 of this code, and in the case of conflict, the latter shall prevail. The provisions of this chapter shall govern the use of all such parks and recreation areas and the observance of such provisions shall be a condi- tion under which the public may use such parks and recrea- tion areas. Certain provisions of this chapter shall further be applicable outside such parks and recreation areas where the context indicates an intention that they be so applied. (b) The provisions of this chapter shall not apply to any public officer, employee or peace officer who is acting in the course of and within the scope of the public business, nor to any other person conducting public business or related activities for, on behalf of, and pursuant to lawful authority of, an appropriate public entity. 11. 44. 020 Enforcement powers of peace officers and cj�_personnel. (a) Power and authority is hereby given to the city manager, the director of community services and to any of the department of community services attendants em- ployed in such parks or recreation areas, in their discretion, to eject and expel from such parks or recreation areas or buildings thereon, any person who shall violate any of the pro- visions of this chapter or any other law, ordinance or rule that may be in effect now or may hereafter be passed or adopted for the regulation and government of such parks or recreation areas, or of public places in general. In addition to his ordinary powers of arrest or citation, any peace officer en- forcing any such law or regulation shall be authorized, in lieu of arresting or citing any violator, in his discretion to so eject and expel such violator. 1'1 Ordinance No. 959 Page Two (b) No person being ejected or expelled pursuant to the authority of subsection (a) shall refuse to leave as ordered, nor shall any person who has been so ejected or expelled, re- turn, during the calendar day in which he was ejected, to the I same park, recreation area or building, unless specifically permitted to do so by the person who ejected him or by the city manager or the director of community services. 11.44. 030 Public may be excluded. (a) In an emergency or when the city manager, chief of police or the director of com- munity services (or an appropriately designated representative of any such official) shall determine that the public safety, or public health, or public morals, or public interest demands such action, any park, square, avenue, grounds or recreation center or any part or portion thereof, may be closed against the public and all pet-sons may be excluded therefrom until such emergency or other reason upon which such determination of the city manager, chief of police or the director of community services is based has ceased, and upon the cessation thereof the park, square, avenue, grounds or recreation center or part or portion thereof so closed shall again be reopened to the public by order of proper authority. (b) No person having knowledge of or having been advised of any closure order issued pursuant to (a) above, shall refuse or fail immediately to remove himself from the area or place so closed, and no such person shall enter or remain within any such area or place known by him to be so closed, until such area or place has been reopened to the public by order of proper authority. 11. 44. 040 Permits for gatherings and meetings. (a) No per- I son shall hold, conduct, participate in, attend or address any meeting, organized gathering or assemblage, group picnic, cele- bration, parade, service or exercise, of fifty or more persons, in any park or recreation area without a written permit granted by the city manager as provided herein. (b) The city manager (acting personally or by his delegated designee) hereby is empowered to grant permits authorizing any person, society, association or organization to hold or conduct a meeting, organized gathering or assemblage, group picnic, celebra- tion, parade, service or exercise for the observance of or com- memoration of any public celebration, event, or demonstration of a patriotic, municipal or memorial character, or for social, educational, training, entertainment or recreational purposes, (c) An application for a permit shall be granted if the issuing authority determines: (1) that the requested activity is consistent and compatible with proper and appropriate park and recreation area uses at the location applied for, (2) that the requested activity is reasonable and will not interfere with general use of the park or recreation area by other individual or group members of the public, (3) that the requested activity will in all respects comply with the provisions of this Code and of any other ordinance, law, rule or regulation in effect at the time and place the activity is to be conducted, (4) that the requested activity is not reasonably an- ticipated to incite violence, crime or disorderly conduct, (5) that I the requested activity will not entail unusual, extraordinary or bur- densome expense or police operation by the city, and (6) that no other reason exists why the granting of the permit would be detri- mental to the public interest. 11 Ordinance No. 959 Page Three (d) Except in cases where a fee is paid adequate in amount to fully reimburse the public accounts for all involved costs and expenses including allowance for overhead and capital invest- ment, permits shall not be granted for the purpose of conducting services of any religious denomination or sect, or for the purpose of discussing, expounding, advocating or opposing the principles I or creed of any religious denomination or sect. In all other res- pects, however, applications for such permits shall be considered and processed on an equal basis, subject to the same advantages, qualifications and limitations as other applications by or for other non-religious organizations, groups or gatherings. (e) In the event it is proposed that an admission fee be charged for attendance at the requested activity, or that contributions will be solicited or a collection taken up at such requested activity, the application for a permit shall expressly state such proposal. No person shall charge any such admission fee or solicit contributions or take up any collection at or for any such activity unless a pro- vision allowing the same to be done is included in a permit issued hereunder. (f) The issuing authority may attach conditions to any such permit which are deemed necessary or appropriate to assure that the activity will be carried on in conformance with applicable laws, rules and regulations, in a manner consistent with proper park and recreation area uses, and in a manner not detrimental to the public interest. Where deemed appropriate, the issuing authority may require suitable insurance, indemnity bond or other guarantee to protect city property from damage, to protect the public from unusual. and undue expense, or to protect the city from liability of any kind or character. In this connection there may further be required a money deposit or payment to defray unusual expenses to be incurred by the city, such as costs of additional police services, fire protection services, cleanup services, or other municipal services of whatever nature. (g) Any permit granted pursuant to the provisions of this sec- tion shall specify the time when and the place where the activity shall be held or conducted, and shall designate the name of the person, society, association or organization to whom such permit is granted. 11.. 44. 050 Rules and reRulations; promulgation by city mana- ger. (a) The city manager shall have power and authority to pro- mulgate rules and regulations governing the use and enjoyment by the public and by individual members of the public, of any park, recreation area, recreation or community center, or any portion thereof, or governing the use and enjoyment of any building, structure, equipment, apparatus or appliances thereon, or govern- ing any portion of the foregoing. A copy of such rules and regula- tions, or a synopsis thereof shall be posted in some conspicuous i place at or near the premises where such rules and regulations are to be effective, or in lieu thereof, signs or notices may be posted at or near said premises in order to give public notice of said rules and regulations. ! (b) No person having knowledge of or having been advised of any such rule or regulation promulgated pursuant to (a) above, ! shall disobey, violate, or fail to comply with, any such rule or regulation. I (c) No person shall disobey, violate, or fail to comply with, any instruction, sign or notice posted in any park, recreation area, or community or recreation center, or in any building or structure thereon, for the control, management, or direction of such pre- mises, when said instruction, sign or notice has been posted in implementation of any rule or regulation promulgated pursuant to (a) above. J_1 i Ordinance No. 959 Page Four a 1 1.1. 44. 060 Prohibited conduct aenerrally. Within the limits of any public park or recreation area of the City of Palm Springs,no { person shall: (1) Hitch, fasten, lead, drive or let loose any animal or fowl of any kind, provided that this shall not apply to a dog when led by a cord or chain, not more than six feet long. (2) Ride or drive any horse or other animal, or propel any vehicle, cycle or automobile, except at a place especially designated and provided for such purpose. (3) Carry or discharge any firearm, airgun, slingshot or other device designed or intended to discharge, or capable of discharging any dangerous missile, provided that i:hi_s subsection shall not apply to any peace officer or other person lawfully licensed to carry a con- cealed weapon or who regularly carries a weapon in connection with private employment protecting property or persons (e. g. , private patrol services and bodyguards). (4) Carry or discharge any firecracker, rocket, torpedo or any other fireworks, provided that this subsection shall not be deemed to prohibit the possession or use of safe and sane fire- works not otherwise prohibited by law, at places designated or provided for such purpose. (5) Cut, break, injure, deface, or disturb any tree, shrub, plant, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or pluck, pull up, cut, take or remove any shrub, bush, plant or flower; or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure. (6) Cut or remove any wood, turf, grass, soil, rock, sand, gravel, or fertilizer. (7) Swum, bathe, wade in, or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose. (8) Nlake or kindle a fire except in a picnic stove, brazier, fire pit, or other appropriate device provided or approved for that pur- pose by the public authorities. (9) Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police pursuant to Chapter 11. 40 of this code). (10) Cook, prepare, serve or eat any meal, barbecue or picnic except at the places provided therefor. (11) Wash dishes or empty salt water or other waste liquids elsewhere than in facilities provided for such purposes. (12) Leave garbage, cans, bottles, papers or other refuse else- where than in receptacles provided therefor. (13) Play or engage in model airplane flying, driving of golf balls, archery, baseball, softball, football, soccer, volleyball or any similar games of a hazardous nature except at such places as shall be especially set apart for such purposes. (14) Play or bet at or against any game which is played, con- ducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming. (15) Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language, (16) Disturb in any unreasonable manner any picnic, meeting, service, concert, exercise or exhibition, (1.7) Distribute any commercial handbill (as defined in Section 5, 20, 020 of this code) without a prior permit so to do from the city Ordinance No, 959 Page Five manager, which permit shall be issued only after due pro- cessing of an application pursuant to Chapter 5. 20 of this I code, and then only if the city manager determines that it would be affirmatively in the public interest to allow upon public property the commercial activity involved. (18) Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of any kind, in or upon any building, structure, pole, wire, or other architectural or natural feature of whatever charac- ter, except upon a bulletin board or such place especially designated and provided for such purposes; unless prior approval so to do has been obtained from the city manager, which approval shall be given only if the city manager de- termines that it, would be affirmatively in the public interest to allow the use of public property for such purposes, or that constitutional principles require that the same be allowed (19) Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless such activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a permit issued pursuant to Section 11. 44. 040 above; a permit issued pursuant to Chapter 5. 36 of this code; a permit issued pur- suant to Chapter 5. 48 of this code; a concession agreement or franchise or the like duly entered into or granted by the I city council. (20) Remain, stay or loiter therein between the hours of 10:00 p.m. and dawn of the following day, except while attend- ing a gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city depart- ment of community services. This subsection shall not apply to persons lawfully lodging, camping or otherwise remaining overnight at a place especially designated and provided for such purposes (including, if overnight camping is involved, the place shall have been cleared for such use by the chief of police pursuant to Chapter 11. 40 of this code). (21) 'Use any restroom, washroom or dressing facility designated for the opposite sex, except that this subsection shall not apply to children six years of age or younger who are accompanied by an adult or other older person. (22) Row, sail or operate any boat, craft or other device, on or in any pond, flake, stream or water except at such place as is especially designated and provided for use of such boat, craft or device. (23) hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of same, or injure or maltreat any domestic or other animal. (24) Fish with hook and line, seine, trap, spear or net, -I or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose. 11. 44. 070 Use of pedestrian and equestrian ways. (a) No person shall drive or operate any motor vehicle, motor- cycle, motor-driven cycle (as the foregoing are defined in the California Vehicle Code) or any other motorized or self- propelled vehicle or device upon which a person can ride, on, 11 Ordinance No. 959 Page Six over or along any public property or easement (whether or not on a public park or recreation area) which has been designated, set aside, or is used, as a pedestrian malkway, trail, path, lane or way, or as an equestrian trail, path, lane or way. I (b) The public entity having ownership or control over any such trail, path, lane, way or walkway may cause the same to be posted with an appropriate sign or signs expressly allowing the use of vehicles or devices otherwise prohibited under the provisions of subsection (a) above, and to the extent that such signs allow variations from such prohibitions, the provisions of subsection (a) shall be inapplicable. (c) The provisions of subsection (a) above shall not apply to any electrically-driven wheel chair carrying a crippled or other- wise physically incapacitated person. (d) The public entity having ownership or control over any trail, path, lane, way or walkway mentioned in subsection (a) above, may, by the posting of an appropriate sign or signs, further restrict the use of such trail, path, lane, way or walkway by per- sons riding bicycles or other non-motorized vehicles or devices, or by equestrians, and when any such sign is posted, no person shall disobey any prohibition, restriction, direction or other regula- tion expressed thereon. 11. 44. 080 Obstructing pathways. No persons shall assemble, collect or gather together in any walk, driveway, passage-way or pathway in any park or in other places set apart for the travel of persons or vehicles in or through any park or recreation area, or occupy the same so that the free passage or use thereof by persons or vehicles passing along the same shall be obstructed in any un- reasonable manner. I 11. 44. 090 Children visiting parks with lakes. No parent or guardian, or any person having the custody of any child under the age of eight years, shall cause, permit or allow such child to enter or visit any public park or recreation area having a lake within the boundaries of such park or recreation area unless such child is ac- companied by a person of not less than sixteen years of age. 11. 44. 100 Dogs in parks and recreation areas. No person own- ing, or having the control or care of, any dog shall suffer or permit such dog to enter or remain in a public park or recreation area unless such dog is securely restrained by a substantial leash of suitable strength not more than six feet in length and unless such dog is at all times in the immediate attendance and control of a person competent to keep such dog under effective control. This section shall not, how- ever, apply to any person participating in a dog training class being conducted under the sponsorship of, or pursuant to express permission of the city department of community services. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed I to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 1 Sth day of February _ , 1974. AYES: Councilmen Beirich, Foster, Garcia, Schlecht and Mayor Wiefels NOES: None 11 Ordinance No. 959 Page Seven ABSENT: None I ATTEST: CITY OF PALM SPRINGS, CALIFORNIA DONALD A. BLUB.AUGH City Clerk 44 - %Deputy City Clerk Mayor . APPROVED AS TO FORM: CONTENTS APPROVED: ity Attorney - Date 11`.2�-%W Date I hereby certify that the foregoing Ordinance 959 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 13th day of February, 1974, and that same was pub- lished in THE DESERT SUN, a newspaper of general circulation on February 20, 1974. DONALD A. BLUBAUGII Dated this 7th day �By; JUDIT SUMICH of March, 1974. \ Deputy City Clerk I ll 134 I p:'C.1. 960 A:A`d 0}a:.i 1��" TC tJS' '�';.zE: C:C`L'Y i'+" L'1>�,ir ;;1.'R):i'TGF„ CALIFORITIP ,. A 'iDTIJM Cfle LP CEID 2 , 4E '110 Tliu PA,LI,'! J'f'_'1+ :.GI) ) Eu':�/1.TI :SUIN C,l'1-1 1,111.z FOl OF .LT4> CIO" f !i lrt ,r",--. r t CONI LI"C7 Ob' 1"�.°..,3f._�., v A(:`Is hi,l:�f�l;1.d_; ;":]P l r,.,.,' ! tr r. IE REC AND O "C)IR IMPA O .L TP 'IS':E CITY COUNICa::f„ OF 'Pt;T_; CITI OF PrlLDI SP.RTP;G'S, CAr+1FORPTIA )COL'; O.2 i2li !1u' FOLLOWS SECT' ON 1. Tit.1 e 2 of the p,)IIn Springs Municipal Code is here});' _1TIle_mq?ra by clC{+:Ain'::, Lhere-c a new cbaptcrr, ::C7 be TiL1Ifl-- bered Chapte:e 2 . 48 , and rc:a;lincf as followS Chv.pte:r 2 � 48 CONFLICT OF 'I .QTF'RESTS GUIDTIL riNIRS 2 . 40 _ 010 Purpo ,e and effect. Pursuant to Sec- tion 3626 of the (cvevnment CoCie, the City Council hereby adepts; the fo l,r.;.aing guidelines for i'ts �ublie officials in "their of whather ttley have a,-, ecoi:oI[liC int:e-,est. of interests which are in SQb- stantial conflict tiii.-171/�the_l:C iJj_cia!_ c'ut"l_es and powers under Section 3625 (a) and in de-te_rmin.ing 'whether they have an econcinlic interest in lllat'i„ers Y_or purpo SP_s of Section 3525 (b) . 1\otniYlg contained. }':ere::.n, is in- tended to modify or abridge Cite provi-lions of the %rC.+V e.�)liSlCYl l.ii.l Cr.i Zdi 7.7, Ci. Gi I17 t:F'rE95 t.s M(3"�=+. 0 . t,livAAu J.ii�v through 1097 or any other provision-s of law pertain- ing to conflict. of interests. This chaj?ter shall. be interpreted in a rf.ianncr Consiste,7t therewith. Nothing contained herein shall be deemed adopted.. pursuant to or in implementation of SeCi.i.on 360-1 of SeC'tion 3704 - All numerical sec'L-ion I:eferences c,itr_.d rl th.,: 'rody os t:hi.s chapir.er are to the Governilen't: Code unless othel:­ Wise spec:if`:i.ed4 2 , 4�3. 07,Q Desi.anation of orfi.ci..a.1s. i'he "Public J]:.:CiC7"a.i_s , C)i:L iC7.%iiF>. " d.7lCi- °'i_l.ect:i"VE.'. and appointive O .iCef'::i° uub]eC"C "i,c Like. p-zovisiol]G: O:C 2action 3625 ay e. (i.) r."'all. cite coon C'i11uen , and all lriembers of council-appointed commissions , boards , and adv7.So1y coicakiittees and agencies. (2) file city mla-ld Q"C` ', the Citii c.ttorney and 'L".hisir renpect:.ivc ass—i-Stant andU (j) ALI depzo.t-merit hews , fa.vlisions heado, and their res17ectlive_ a59 is'i:Fin ti3 acid d.e4)utiCeS., (4) ^mplaazr�aes of ti.v pJ_<an.ni.r,< nia enginc-'ering (' i_visicxr!s 69i1oPAC Official. Ci:ities im7fni-ve the decision­ making i.)l-,j..1 J L'1 C, "i 'i1 S 1?ci C;to 3:s,, }TllO,i_iC v,-o_:;kr; _ill, p^C; Y6"R . Ca'i Ciy %Y72 OZ(Sciil n."t. ;?�:�1.CC?'."`3 ; L].CC'_x^ :C' CJ CJf _C: �..i•.E•Y1::c in cL'G L."_:a"",^_, E 21-il`L 371Q J_l:r,`.Cs _nvi7.).V:'Cl �l is ..'1�J ^:'t).i'.[Y, I LI r: t ;7e c a L,.L iailf ^ T7;C?i7.1"s CE ?i."1,:C';)•. I - ( /} on;,i..i. oL t:r7e •^a 1.re Ci r`1J(l1:!-.meFr,i. who SC. '...yL',�.J.:" a.;.__c ...... . ;.4G ...._ :,j c—ti On^ C]:" ^_.nt:otC(-.IIlE?ni J 0 rd(lance No 960 Page Two . (8) The public services officer, purchanimj officerr public information nfficer conl�nunity lations coordinatoz, senior citizen center Jir2ctor, and their respective assistants and deputies. 2. 48 . 030 Substantial conflict. An economic in- terestin substantial conFlict with the proper exercise of an official ' s duties within the meaning of Section 3625 (a) shall not be deemed to exist unless the officia-1. would be required to disqualify himself. under Section 3625 (b) on a continuous and regular basis from activities and actions which constitute a major and significant por- tion of his official duties and thereby impair his ability to function effectively and fulfill the duties of the office . 2 . 48 . 040 Material economic effect. An action or decisl—on shall not be deemed to have a matcrial effect on an economic interest unless the official has reason to believe that, by reason of the action or decision, an in-- vestment, or interest in real property, may increase or decrease in value, other than negligibly, or a business entity from which the official derives income or in which he holds a position of employment or management will gain or lose monetarily, other than negligibly. An increase or decrease of less than one percent of the value of an in- vestment, interest in real property, or business entity, shall be deemed negligible. 2 . 48 . 050 Particioatinn . (a) Thn kprms "participate, '' and ''attempt to influence" as used in Section 3625 (b) shall be deemed to include the following: (1) Participation in debate or deliberations or voting. (2) Preparation of oral or written reports. (3) Rendition of oral or written advice. (4) Testimony before a public agency as a part of official duties. (51, Discussions with any official who must decide the matter. (6) Submission of letters or other documents to any official who must decide the matter. (7) Issuance or denial of official approvals . (b) Nothing contained herein or in Section 3625 shall abridge the right of any citizen, whether or not a public official , to submit information or express views on the same, basis as any other private citizen, provided such is Wne in public and the person indicates that he is acting in a private capacity. (c) An official directly involved in a matter, whether as a party, an applicant or otherwise, may, in his private capacity, provide whatever information is nocessary and per- form any other steps which are required of other citizens in the same situation, individually or by counsei . He may not, directly or through an agent, however, discuss the matter privately with officials who must decide the matter. 2 . 45 . 060 Necessity. (a) an official shall not bo subJact to Section 3625 (b) with respect to any mattar which cannot be legally acted upon or decided without his participaUun, (b) Section 3625 (a) shall apply where : Ordinance No. 960 Page Three. (1) A statutory quoream or a simple majority cannot be achieved by continuance for a reasonable I time or within legally mandated time limits; or (2) More than a simple majority vote is re- quired to take a proposed action and the number of officials entitled to vote is less than the number of votes required for the action to be taken; or (3) The official is, by law, the sole officer who can perform the action or make the decision. (c) in cases where the above subsections (b) (1) or (b) (2) of this section apply, all otherwise disquali- fied officials shall be entitled to participate. (d) In all cases involving e_jceptions hereunder, the official shall comply with Section 3625 (d) . 2. 48. 070 Disqualification. Aga official who refrains from acting in accordance with Section 3625 (b) need not declare the nature of the interest which disqualifies him. 2 . 48. 080 Interpretation. An official who is un- sure of the application or nature of the prohibitions contained in Section 3625 may secure a written opinion from the city attorney. He may also secure such a written opinion from the office of the District Attorney, of Riverside County, if such opinions are made available by that office. when any such opinion by the city attorney .or by the District Attorney' s office is com- plied with in the good faith belief that it is consistent with the provisions of the Governmental Conflict of Interests Act and these guidelines, he shall thereafter be entitled to rely on said opinion in discharging his official duties and shall be exeipt from the civil penalties of Section 3751 and the sanctions of Section 3753. 2 . 43. 090 Defense of legal proceedings. Upon due application therefor by the affected party, the city council may in its sole discretion provide for the defense of legal proceedings brought under the Govern- mental Conflict of Interests Act against a present or former official, officer or employee of the city if the council first determines to its satisfaction that: (1) The proceedings are founded upon official action or participation engaged in by the official, officer or employee, within the scope of and in the course of performance of his regular and ordinary duties or functions performed on behalf of furthering city business; and (2) Defense of the proceedings would be in the I best interests of the city, and that the official, officer or employee acted in accordance with a written opinion obtained pursuant to Section 2. 48. 080 above or that he otherwise acted in good faith in the ap- parent interests of the city and with no intent to violate the Governmental Conflict of Interests 7sct. 14 b 13 , Ordinance No. 960 Page Four. 2. 48. 100 Limitations on actions. (a) No action shall be brought pursuant to Section 3751 of the Govern- merit Code to restrain the execution of or to set aside I as void any decision, contract, order, permit, ordinance, resolution or other official action unless the complaint or petition has been filed and served on the City of Palm Springs within thirty (30) days following the decision, contract, order, permit, ordinance, resolution or other official action. (b) No action shall be brought pursuant to Section 3751 of the Government Code to enjoin an official from violating or to compel an official to comply with. the provisions of the Governmental Conflict of In.ter_ests Act or of this chapter, unless the complaint or petition has been filed and served within 180 days after the vio- lation of Section 3625 has occurred. SECTION 2 . SEVERABILITY. If any section, subsection, Sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be de- clared invalid. SECTION 3. URGENCY. This ordinance shall take effect as an urgency measure immediately upon its adoption. It is hereby declared that it is necessary to the public peace, health, safety and welfare that -this ordinance be adopted as an urgency measure. The facts constituting the urgency are: The Govern- mental Conflict of Interests Act became effective on January 1, 1974 . That Act creates serious and multiple obligations for public officials covered by the Act, confers broad enforcement rights upon members of the public and authorizes public agencies to adopt guidelines to aid public officials and members of the public in interpreting and applying the complicated provisions of the Act. Therefore, it is deemed essential thatthe guidelines adopted by this ordinance pursuant to the Governmental Conflict of Interests Act be effective immediately to avoid inadvertent violations of the Act, to prevent unmeritorious challenges to public actions and to provide maximum public protection under the Act. SECTION 4. EFFECTIVE DATE -- PUBLICATION. This Ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council; and the City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen days after passage , in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. I ADOPTED this 27th day of February , 19.74 . 14 b Ordinance No. 960 Page Five. AYES . Councilmen Beirich, Foster, Garcia, Schlecht and Mayor Wiefels NOES: None I ABSENT: None ATTEST- CITY OF- PALM SPRINGS , CALIFORNIA BY _ -,— T Depot City Clerk Mayor REVIEWED & APPROVED Zt� 2 I hereby certify that the foregoing Ordinance 960 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 27th day of February, 1974, and that same was published in THE DESERT SUN, a newspaper of general cir- culation on March 6, 1974. DONALD A. BLUBAAUGH I Dated this 7th day iBY: JUDITH SUMICH of March, 1974. Deputy City Clerk I 14 b 144, I I 1_C ORDINANCE NO. 961 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FRANCHISE GRANT- ED BY ORDINANCE NO. 249 FOR A COMMUNITY ANTENNA TELEVISION SYSTEM. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The community antenna television system fran- chise granted by the City of Palm Springs by Ordinance No. 249 , adopted July 9 , 1952 , is hereby amended in those respects set forth in the exhibit attached to this Ordi- nance and by this reference incorporated herein. SECTION 2. The said franchise amendment is granted, issued and ordered pursuant to the authority of Section 53066 of the Government Code of the State of California, and hence- forth the basic franchise with this amendment thereto shall be deemed granted pursuant to said authority. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 27th day of February , 1974 . AYES: Councilmen Beirich, Foster, Garcia, Schlecht and Mayor Wiefels NOES : None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA i\� Deputy City Clerk Mayor . REVIEWED & APPROVED I hereby certify that the foregoing Ordinance 961 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 27th day of February, 1974, and that 1 same was published in THE DESEPT SUN, a newspaper of general cir-- culation on March 7, 1974. DOi!A1:0 A. BLUBAUGN Dated this 7th day of jBY: JUDITH SUMICH March, 1974. Deputy City Clerk EXUBIT AT'TAMED TO AND MORPORATED Q ORD. NO, o i Amendment to !:'ranch se AdOiJted July 9 , 1952 , Effective .',u,ust o_ 1952 Through Ordinance 349 , I zo The City of Palm Springs , California, by its Council ("Issuing Authority" ) , hereby issues and grants to warner— , a CCC Inc. (the "Franchisee" ) an amendment to a community antenna television system franchise adopted on July 9 , 1932 and made effective August- S , 1952 through ordinance 249 . The within document is hereinafter referred to as the "Amendment" and the original franchise as the "Franchise" for the City of Palm Springs, California (the "City") and for any area added thereto during the term of the Franchise, as amended. The Franchise and this Amendment collectively are sometimes' Called the "Franchise, as amenCried" . Franchisee is the successor in interest to the original. Franchise and presently operates the cable television system in the City (the "System") . 2. This paragraph, paragraph 3 , paragraphs 9 and 10 , and para- graph 42, shall become effective thirty days after execution hereof. All other portions of the Amendment shall become ef- fective on the date of final certification by the Federal Com- juun .Cations Commission ("FCC") as to this Amendlent . as to which appeal may not be taken; until such time the Franchise shall. continue -in full force and effect without alteration. The City shall not amend the Franchise prior to FCC certification except as contemplated in this paragraph an& paragraph 42. . if for any reason the FCC should refuse to grant certification 14,E --2_ t.o this Amendment, the Issuing Authority shall, within thirty (30) days after said refusal, amend this Amendment so as to bring it into full conformity with FCC rules and policies as articulated by the FCC in the certification proceeding, to enable the FCC to expeditiously grant certifi- cation ; no amendments shall be made' at that time except as may be necessary to bring this Amendment into conformity with legal requirements necessary for certification. Such . FCC refusal may be indicated by formal notification to the Franchisee in the form of a letter or memorandum opinion and order or otherwise. The City and Franchisee shall both cooperate with each other in the diligent prosecution of the certification application so as to obtain certification as expeditiously as possible. 13 . Within eighteen (18) months from the effective date hereof Franchisee shall complete construction and installation of an upgrade of approximately 42 miles of plant in the areas shown shaded in yellow on the map attached as Exhibit A to Resolution No. 10995 of the Palm Springs City Council adopted February 13, 1974, with 30 channel cable (without convertors) equipped for one-way service ; provided, however. , that if Franchisee does not have the equipment on hand in the City to enable it to construct and install said upgraded plant, an additional 90 days beyond the aforesaid eighteen month period will be allowed for delivery of equipment. Within twelve i months from the date of completion of the foregoing approximately 42 miles of upgrading, Franchisee shall complete construc- tion and installation of an upgrade of approximately 85 miles of plant in thn areas shown shaded in orange on the map attached as Exhibit B to Resolution No. 10995 of the Palm Springs C=+1' !.'onrcil Mop Ced Febrilayy 13 , 19740 004 zn channell. cable (without convertors) equipped for one_"way service ; pro- vided, however; that if Franchisee does not bave the equipment on hand in the City to enable it to construct and install_ said upgraded plant, an additional 90 days beyond the aforesaid twelve month period ,ill be allowed for «elivery of equipment . Upon completion of the upgrading as set forth in the two preced- ing sentences the entire System, as upgraded, shall thus have a minimum of 20 channel ,capacity, without convertors , available for potential use for the totality of cable services to be offered. Franchisee may, if it wishes, complete the upgrading on a more expedited schedule than set forth herein, and although Franchisee is not bound to such an expedited schedule it has indicated that it may proceed in such a manner. The require- ments of this paragraph shall be contingent upon Franchisee' s obtaining all necessary rights and cooperation expeditiously from local utility companies and governmental departments (including but not limited to the City as to all areas re- quiring permits from the City) which rights and cooperation shall be expeditiously sought by Franchisee, and upon other circumstances beyond Franchisee' s control (i . e. , inclement weather, equipment deliveries , strikes) not presenting undue delays. All construction not delayed or materially impaired by any of the foregoing contingencies shall proceed in due course according to the foregoing schedules. All material delays shall be reported as expeditiously as possible to the Issuing Authority. In the upgrading of the System set forth above the following shall be applicable ; I (a) in areas of the City having telephone limes and electric utility lines underground, all of Franchisee ' s lines , cables and wires small be underground, and existing poles for electric and communications purposes shall be utilized for Franchisee' s lines, cables , wires and other equipment wherever reasonably possible. Issuing Authority will assist Franchisee in all possible ways to Iconclude successful negotiations with the electric and telephone companies as such negotiations become necessary and will assist, as may be necessary, in expediting necessary utility rights and cooperations, all to the end of expeditiously effecting the System upgrade. (b) Whenever Franchisee takes up or disturbs any pavement, sidewalk or other improvement of any public way or public place, the same shall be accomplished and re- placed in accordance with the City .rules , regulations , laws and ordinances in effect on the date of such taking up or disturbing. If the Franchisee fails to make such res- toration within a reasonable time, the Issuing Authority I may fix a reasonable time for such restoration and repairs and shall notify Franchisee in writing of the restoration and repairs required and the time fired for performance thereof . Upon failure of Franchisee to comply within the time specified, the Issuing Authority may cause proper restoration and repairs to be made and the reasonable expense of such work, as itemized, shall be paid by Franchisee upon demand by the Issuing Authority. (c) The Franchisee ' s distribution system in the public streets shall comply with all applicable laws, regulations P and ordinances, and all its wires and cables suspended from ` poles in the streets shall comply with the minimum clear- ances above ground required for telephone lines, cables, ' Iwires and conduits . (d) Franchisee shall on Ehe request of any priva;=,:_ party holding an appropriate permit issued by the City temporarily raise or lower its lines to permit the moving I of any building or other structure, and the actual expense of the same shall be paid by the party requesting the same. (e) Franchisee shall , at its expense, protect, sup- port, temporarily disconnect, relocate in the same street or other public place or City property, or remove from the street or other public place or City property, any property cf Franchisee when required by the issuing Authority or its designee by reason of traffic conditions, public safety, street construction, change or establishment of street grade, installation of sewers , drains, water pipes, power lines, signal lines , and tracks, or any other type of structures or improvements by public agencies. I (f) It is understood that the City shall have the right to attach to any pole erected by Franchisee and to place in any of Franchisee ' s conduits, its own facilities to be used for fire, police and other governmental communications pur- poses where space permits . All such placements by the City shall be in conformity with all applicable rules and regula- tions , shall cause no additional expense to Franchisee (that is ; all costs for such placements by the City shall be borne by the City) , and such placements by the City shall not interfere with the routine operation by Franchisee of. its System. (g) Franchisee shall reimburse the City at cost for any reasonable expense, as itemized, caused by .relocation of any fire alarm cable to make poles .ready for Franchisee ' s cable. The City shall complete such x Paocatlon in such a mannel: so as to not delay Fran- chisee ' s construction schedule. I4. Franchisec. shall , at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for preventing failures and acci- dents which are 'likely to cause damage, injury, or nuisance to the public. or to employees of Franchisee. 5. Franchisee shall install and maintain its wires, cables , fixtures , and other equipment in accordance with the requirements of the Electrical Code of the Issuing Au- thority, and in such manner that they will not unduly interfere with any installations of the Issuing Authority or any public utility. o . ;'rue and accurate maps of all existing and proposed installations will be filed with the Issuing Authority by Franchisee no later than March 1 annually. 7 . , Franchisee shall indemnify and hold the City harmless at all times during the term of the Franchise , as amended, from any and all claims for injury and damage to persons or property, both -real and personal , caused by Franchisee' s installation, operation, or maintenance of any structure, equipment, wire or cable aut.horized. to be installed pur- suant to the Franchise, as amended. Upon receipt of no- tice in writing from the Issuing Authority, Franchisee shall , at its own expense, defend any action or proceed- ing against the City in which it is claimed that personal e injury or property damage was causes: by activities or the Franchisee in the installation, operation or main- tenance of the System, 8. Franchisee shall carry insurance in compan;. G _ atisCa.ctozy to the Issuing Authority injemnifying the City and itself from and against any and all claims for injury or damage to persons or property, both real and personal , caused by the construction, installation, operation or maintenance of any structure, equipment, mires or cables authorized or used pursuant to the Franchise, as amended. The amount of such insurance against liability for damage to property shall not be less than two hundred thousand ($200, 000) dollars as to any one accident. The amount of such insur- ance for liability for injury or death to persons shall not be less than three hundred thousand ($300, 000) dollars on account of injury to or death of any number of persons in I any one accident. 9. No change in rates to subscribers beyond those set forth in the rate schedule attached as Exhibit C to Resolution No. 10995 of the Palm Springs City Council adopted February 13 , 1974 , may be made except as authorized by resolution or otherwise by the Issuing Authority after an appropriate public proceeding affording due process. Regulation of rates hereunder shall be liFited exclusively to charges for basic cable services to sub- scribers . For the pur_poves of this Franchise, as amended, basic (or "regular") cable services to subscribers are the delivery of broadcast signals, those public access services set forth in. paragraph 17, and such services as may in the :future be required 1 on the System by the FCC and they exclude, without limitation, such+ auxiliary services as pay cable, leased Qannols and data trans- mission. At all times .rates charged by Franchisee shall be reasonab and adequate in view of Franchisee' s investment and costs of opera& and shall compensate Franchisee for, and be consistent with, incrcased capital expenditures (including, without limitation, thoge required herein) and Operating costs (including, without: limitation, increased costs due to in- flation and increased pole attachment rates) incurred by Franchisee. 10. Section S of the Franchise is rescinded. 11. As expeditiously as possible after receipt of subscriber complaints regarding the quality of service, equipment malfunctions and similar matters, franchisee shall investi- gate such complaints and resolve them to the extent reason- ably possible, and complaints will be received on a twenty- four hour basis over a publicly listed telephone number. I The Franchisee shall maintain records of all complaints reported which shall be available for inspection by the City during regular business hours. 12 . The Franchisee shall respond to all service calls within twenty-four (24) hours (assuming there are no circum- stances beyond its control preventing same) and correct malfunctions as promptly as possible . For that purpose, the Franchisee shall maintain an office and a competent staff of employees in the City sufficient to provide adequate and prompt service to its subscribers, and no charge shall be made to the subscriber for service calls. I13. Except where there exists an emergency situation necessitating a inore expedited procedure, the Franchisee may interrupt ser- vice, for the purpose of repair or upgrading of the System, only Curing periods of minimum use, and only after forty- eight (18) hours minimum notice to subscribers, �V V) 14 . The Issuing Authority shall cnsure that all subscribers have recourse to a satisfactory hearing of any comPlul.iiU iiiic_lL r not set;tlej the there isC;V evidence that the !'rail C'Ills('e IlaS _t Il .�._ complaint to the satisfaction of the person initiating The complaint. The Issuing Authority will work closely with the Franchisee and members of the public to establish pro- cedures for handling and settling complaints. 15. Franchisee shall not engage directly or indirectly in the business of selling, installing, servicing, or repairing television or radio sets, although it is understood adjust- ments may be made in the course of normal operations . 16 . The second paragraph of Section 4 of the Franchise isre- scinded insofar as it may prevent "pay cable" or auxiliary services for which a specific charge is made to subscribers. Payments to the City under paragraph 35 hereof shall not include gross revenues from such special services (subject I to the first sentence of paragraph 18 hereof) . 17. within sixty_ (60) days after final FCC certification as to which appeal may not be taken, Franchisee shall provide public access studio space and channel time for public access during such time as any channel is not carrying broadcast programming. Franchisee shall provide and maintain the following access equipment: two black and white cameras, two video tape machines, three microphones , a portable lighting kit, and associated equipment at Franchisee ' s dis- cretion. If it appears that there is no substantial response to public access programming (in terms of usage and viewing) , Franchisee shall, with the consent of the Issuing Authority, be flee to discontinue public access sarvicns until such time as it appears that there, is sub>tartlai demand for it in Unc City. If: there 1s substantial receptivity 1n tho City to public access in terms of usage and viewing, then ilranchiscc -•1.0 and the Issuing Authority shall consult- with each other with respect- to additional funds to Franchisee for increased an6 improved access services and facilities. The access stu5io will be maintained (on a non-technical basis) and Isupervised by an adequate and responsible staff of volunteers whose assistance will be elicited through the offices of the Issuing Authority, and the provision of public access as provided herein is contingent on such maintenance and supervision. Franchisee shall provide technical supervision of equipment. 19. Franchisee shall use its best efforts to make pay cable, ad- ditional programming, and other auxiliary services available in the City at as early a time as possible to those subscribers •,rho are willing to pay the fair and established rates for such services, provided that such services are economically and technically feasible (including, without limitation , any franchise fees on pay cable which may in the future be permitted by rule of the FCC) , all in the sole determination of Franchisee. Subject to the foregoing, Franchisee shall give priority con- sideration to the System in determining which of its systems shall provide pay cable services and shall not unreasonably withhold pay cable services from the System. If in the future , other_ systems of Franchisee receive pay cable services and the System does not, Franchisee shall submit its reasons there- for in writing to the Issuing Authority. la , Throughout the term of the Franchise, as amended, Franchisee ` shall maintain the System in good order_ and operating con-,. Idition and shall maintain and render to the City and to the public adequate, reasonable and efficient service. Minimum technical performance standards for the System, as upgraded, as of the time the total. System upgrade is completed (such Upgrading a.s set "or", il] pat a:J.t'ailii .i above)Ve;) Sila1J_ i]O;"ilpiv wati7 Or exceed all i•CC stan:'t& , 1, i aftC: si!al.]_ be In CGT7.CO.L'SIl1ty with the specifications set forHi in Exhibit D attached to Resolution No . 10995 of the palm Springs City Council adopted I February 13, 1974 , or as said. specifications may be later modified by appropriate action. 20 . The issuing Authority and Franchisee recognize that there is a serious problem as to the quality of the microwave common carrier se -vices received by the System, and Franchisee shall use its best efforts in obtaining improved microwave service so that by December 31, 1974 , the quality of signals received by Franchisee ' s headend equipment will be substantially equal in quality to the signals transmitted by the originating stations . Franchisee shall submit quarterly status reports to the Issuing Authority as to its progress in resolving this problem, and it will comply with all reasonable suggestions made by the Issuing Authority regarding resolution of the problem. 21. Franchisee shall comply at all times with all applicable Federal, State, City and County laws, and al! executive and administrative orders, relating to nondiscrimination. Franchisee shall make a positive effort to hire qualified minority employees and subcontractors and shall noL- use discrirr,i_natory practices. Nothing in this provision shall be in1. terpreted as prohibiting the establishment of a graduated scale of charges and classified rate schedules to which zny subscriber or programmer included within a particular classification shall be entitled. 22 . Franchisee shall extend cable scrvic,. to new subdivisions ,-simul- taneously with electric poa: r an3 _ iepho_le u,-Uivies, and the other areas including city blocks , :street and highways , whenever_ there exist at least 60 potential :>tCbscr.ibers (i . e . , dwelling units) within an area .requi.rinc, am .i_r,!!:m. 'Lora] increase of one (1) mile of -12- c:able, notwithstanding any requirement to install new poles or piovi.d.e underground facilities. Cable service shall. be I extended as set forth above within six (6) months after a request therefor, provided, however, that this time re- quirement is contingent upon Franchisee' s obtaining all necessary rights and cooperation expeditiously from local utility companies and governmental departments and upon other circumstances beyond Franchisee' s control. (i.e. , inclement weather, equipment deliveries, strikes) not pre- senting undue delays. The foregoing shall in no way pro- hibit Franchisee from extending its plant into any portion of the City as it deems feasible. 23. As technically and economically feasible, Franchisee shall provide interconnection facilities to interconnect the System with any: or all other cable systems in the area, or elsewhere, upon the directive of the Issuing Authority. Such interconnection facilities may be effected by direct cable connection, microwave link, satellite, or other appropriate and reasonable method. Such interconnection facilities may be required for one, several , or all channels of the System. Upon receiving such directive, Franchisee shall not unreason- ably impede interconnection if other systems express a willingness to share the costs of such interconnection. Upon receiving the directive of the Issuing Authority to inter- connect, Franchisee shall immediately initiate negotiations with the other affected system or systems in order that. costs Imay be shared .equally for both construction and operation' of the interconnection link. Franchisee shall not be unreason- ably required to interconnect by the :issuing Authority. Reasonableness shall be dotcrmincd by , but not be limited i,_ d .. , such factors as interconnection being performed by similar systems , cost . , recoupment. by Franchisee of additonal costs 15 ..ili:OU:j I} rato increases , cL17d demand by existing ct7lri potential subscribers for such interconnect services. Franchisee shall ' cooperate with any interconnection corporation, regional- 7?1 t crconnection cauthorlty, Or COi).'.lty Or State regul.a Gory' I agency which may be hereafter established for the purpose of regulating , facilitating, financing ; or otherwise providing for the interconnection of cable systems beyond the boundaries of individual political jurisdictions. 24 . There shall be no charge for disconnection of any installai.io_i or outlet. If any subscriber fails to pay a properly due monthly subscriber fee, or any other properly due fee or charge, Franchisee may disconnect the subscriber' s service outlet. Such disconnection shall not be effected until sixty (60) days after the due date of said delinquent fee or i charge, or until ten (10) days after adequate written notice I of the intent to disconnect has been delivered to the sub- scriber in question. After disconnection, upon payment in full of the delinquent fee or charge and the paLL';'�ent of the appro- priate reconnection charge, Franchisee shall promptly rein- state the subscriber' s cable service. 25 . if Franchisee falls to provide any regular material service requested by a subscriber or progra:'.L'-cr to which it is oil- titled as -a class and for which it has paid, Franchisee shall , after adequate notification and being afforded the opportunity to provide the service, promptly refund all deposits or advance chargcs paid for the service in question by said subsc:.-.Aor or programmer. 16 . The Franchisee shall maintain separate financial records re- ficcting its basic cable operations in HIC CitY. TnF-C;:est shnil ]a C. {.hi! acturt.l coE+i= to thn system f om bonaiide third party .. riders of the specific Gums emPlOVed in the basic cabin opnrvWon7. -14- in the City, and all taxes shall be those normally and { specifically applicable to the financial results of basic i cable operations in the City. Such records shall be used for such financial purposes as, without limitation, examining and F { Idetermining economic feasibility and the setting of subscriber rates under the terms of the Franchise , as amended. in addition, j Franchisee shall maintain separate financial records reflecting l { any auxiliary services in the City. The Issuing Authority shall have the right to inspect at any time during normal busi- ness hours , all 'nooks, records, maps, plans , income tax returns, ne.,� j financial statements, and other like materials of the Franchisee if which relate to all its cable service operations in the City. Access to the aforementioned records shall not be denied by the i F Franchisee on the basis that said records contain "proprietary'' i i information. In addition, copies of all reports and other docu- ments filed with the FCC and other regulatory agencies directly Irelating to the System shall be filed with the Issuing Authority within thirty (30) days of such other filing . Franchisee shall provide one free cable drop, one free regular outlet and free regular service to each of the following build- ings located along the routes of the System serving paying sub- scribers : police and fire stations , public libraries , up to ten (10) other public buildings designated in writing by the Issuing Authority, and each public and private school- through the secondary level now existing. P The Issuing Authority may create, at any time, a community advisory board, vesting it with authority to create policy Iand/or regulate on--going matters concerning administration of the System, as well as other matters related to the Franchise, as amended , subject to the issuing kuthority' s ultimate 15li authority and a.ppt1'oval. as Etei: forth In the krulli;ill.i::=, r35 amended, and as otherl'Iise is rcCiaired by law, 'ilhe arivi.::iory board -mia� deal 'i'Ti h con.sur,10— co),iplailltS, the CGTS110 Ch -al:'Y1i..l problems , I:ronitoring prohibition rules, and recommendations for staff and consultants , and it may also be the duty of said board to provide and gather information regarding the public ' s interest in cable participation and/or to establish guidelines, all subject to the ultimate approval of the Issuing Authority. Subject to appeal to , and the authority of, the issuing Authority, the Franchisee shall recognize the community advisory board as vested with the powers and rights of the Issuing authority. 29 . The Franchise, as amended, shall continue for a period of fifteen (15) years from March 31 , 1977 . At the e:;niration �,-_. he t may rens,-!ed Upol' I i)i the _.�.n.l]Ch1Se tc:'s i�., ti Franchise y b2 + �•r approval after the exercise of due process .in a full. public proceeding by the Issuing Authority, for consecutive ten- year periods , so long as substantial performance of the terms thereof are continued by the Franchisee, and subject to all Federal and other governing regulations . 30 . zis necessary to aid in the analysis of all matters relative to the renewal of -thee Franchise, as amended, the issuing Authority, in cooperation with the Franchisee, shall be entitled to employ the services of a consultant during the six (6) month period prior to es:pirati.on of the Franchise, as amended . A1.1 reasonable fees of the consultant 5.ncurred I by the .;;Ssu-ng Authority in this regard, not to c-xceed $1?, 000, shall be ecu;.zlly borne by the Issuing Aut( _"'.ty and the _Franchisee , .regardless of the oull coiile of any spec_i.fic 11),�Ltt.c-,. unl'.er consi,.erati0n. •-16- 31 . Nothing in Lhe F:-anchise or I:.his amendment shall limit or in any Dray alter the riclht of the City to acquire Franchisee' s assets of i:lie System by condemnation, exercise of rights of I eminent domain , or otherwise, as may now or in the future be permitted by law, for such value as is now or may be permitted by lair. The provisions of Section 7 of the Franchise shall be retained in their entirety and shall continue. In full force and effect. The Issuing Authority ackno,, ledges that Franchisee is executing this Amendment, . is upgrading the System as provided in paragraph 3, is accepting the rates set forth in Exhibit C, and is to provide those major market services as are set forth herein with the understanding that it will at all times be treated reasonably and fairly by the Issuing Authority. If the Issuing Authority attempts to exercise such rights of 1 condemnation; or eminent domain, notwithstanding anything herein to the contrary, all obligations of Franchisee under this Amendment, shall terminate and its obligations will be solely pursuant to the Franchise; provided, however, that its obligations under this Amendment directly relating to the requirements of FCC Rule 76 . 31 shall continue in effect throughout the term of the Franchise, as amended. 32 . Without the prior consent of the Issuing Authority, which shall not be unreasonably withheld, there shall be no 4 transfer of ultimate control of Franchisee, nor shall the Franchise, as amended, be assigned to an entity other than I one under the same ultimate control as Franchisee. Any action of she Issu-ingAulthority under this section shall not be unduly delayed, and if: final. action is not forth- c:c:rna1tq witlIin forty- f_Ve (45) Mays after written application fat consent is made, "tuna :shall he presumed a. grauL of said. application. The Nghts and obligations of Franchi ;,ee under this Franchise, as amended, must and shall accrue to its successors and assigns. A detr_ranination under 4his paragraph shall be made by the 'issuing Authority at a public hearing after appropriate notice thereof and shall consider whether said transfer or assignment will affect the legal , character, financial, technical and other public interest qualities of Franchisee or its successor In performing the obligations of the .Franchise, as amended. If the Issuing Authority shall find that said transfer or assignment is not in the public interest the consent of the Issuing Authority shall not be issued, and in the event the transfer or assignment has taken place the provisions of paragraph 33 shall be applicable . 33. Except as set forth in paragraph 34 , the Franchise, as I amended, may be revoked by the Issuing Authority only after hearing and only in the event that : (a) Franchisee violates any material provision of the Franchise, as amended, or practices any fraud or deceit on the Issuing Authority; or (b) The Franchisee becomes insolvent, unable or un- willing to pay its debts, or is adjudged a bankrupt. Prior to any hearing Franchisee shall be given sixty (60) days notice in writing, by certified mail, which notice shall Q state with particularity the grounds upon which the Issuing Authority relies . Said hearing; shall be ordered if, at the end of the sixty (60) day period, Franchisee has not, cured the I matter which provides grounds for revocation, or has not taken reasonable steps within, ana in light of, said time period toward the curing of said matter. .Any ouch hearing shall be a. full public proceeding in which due process is amerciseer. Section 11 or the Franchise is rescinded. 1 34 . The issuing Authority shall have the right to revoke the Franchise, as amended, one hundred and twenty (120) days after the appointment of a receiver, on trustee, to take over and conduct the business of the Franchisee, whether in receivership, reorganization, b_nkruptcy, or other action or proceeding, unless such receivership or trustee— ship shall have been vacated prior to the expiration of said one hundred and twenty (120) days , or. unless : (a) Within one hundred and twenty (120) days after his election or appointment, such receiver or trustee shall have fully complied with all the provisions of the Franchise, as amended, and remedied all defaults thereunder; and I (b) such receiver or trustee, within said one hundred and twenty (120) days, shall have executed an agreement, duly approved by the court having jurisdiction in the :natter, whereby such receiver or trustee assumes and agrees to be bound by each and every provision of the Franchise , as mended. 30 . The annual franchise fee shall. be ?% of Franchisee ' s gross subscriber revenues per year derived from regular subscriber services in the City. Payments due the issuing Authority under this provision shall be computed quarterly, for the preceding quarter, as of March 31,. June 30 , September 30 , 1 and Decembar 31. Each quarterly payment shall be due and payable no later: than thirty (30) days after the dates listed in the previous sentence, Each payment shall ic! accompanied by a v....'_ified report showing the basis for the computation and such otbor reasonable facts 1:-al,van't to tho report as may be required from time to time by 'Lho Issuing Authority. Sections 2 and 12 of the Franchiss are hereby .rescinded. 36. (a) Annual Report -'- No .Later than. March 31 of each year. , the Franchisee shall submit a written report to the Issuing Authority which shall. include: (1) a summary of the previous year' s activities in development of the System including but not limited to services begun or droppedy subscribers gained or lost; (2) a financial statement in- cluding a statement of income, a balance sheet and a state- ment of sources and applications of funds based on the records contemplated in the first sentence of Paragraph 26 hereof; (3) a current statement of cost of construction by component I category; (4) a summary of complaints , identifying in a gcn`.ral planner the number and nature or complaints and their disposition; (i) a list of officers and members of the board of the Franchisee and its parent corporation ; and (6) a list of all stockholders who have acquired three percent (3%) or more of the voting stock of the Franchisee during the calendar year. If directed by the issuing Authority, the annual Report shall be presented at- a public meeting at which the Franchisee shall summarize {:.e conunnts of the report and members of the general public may comment thereon. (h) Annual Plant Survey Report - The Franchises:: shall prepare and submit, by March 31 of each year after completion of tihs upgrading set forth is Paragraph 3 , ra plant survey ra port to the issuing Authority. The purpose of the :=epor'L shall. be to ensure Lhe Issuing L"unhority that th:a Cachnical stan(.`.lards of the System, as upgraded, contemplated by o —zo-- para.r.�r_:,ph l.9 of this An;endment are being maintained. Such plant su':vcy shall include such data and shall be conducted in C:C1]' io: l'i-ancc- with. .such requirements as are set forth in IExl-.ibit D. (c) General Reports - The Franchisee shall. prepare and furnish to the Issuing Authority, at the times and in the form prescribed by the Issuing Au':hori_ty, such re.por_ts with respect to its operation, affairs, transactions, or property, as may bc- reasonably necessary or appropriate to the per- formance of any of the rights , functions or duties of the Issuing Authority in connection with this Franchise, as amended, and as may not be unreasonably burdensome to Franchisee. 37 . Except fo:_ internal usage with regard to the operation of the ISystem and with regard to employees and agents of Franchisee, Franchisee shall not sell , or otherwise make publicly avail- able, any list which identifies , by name , subscriber viewing habits , to any person, ageIlcy, or entity, for any purpose whatsoever , without the specific authorization of the Issuing Authority, expressed by resolution, after a public hearing ;rh.ich shall be announced by written notice published in a newspaper of general circulation at least ten (10) days before the date of the hearing. 38. Except for the purpose of conducting surveys and experiments with the express written consent of subscribers, neither Franc:iisee nor any agent of Franchisee sha.l.l monitor, or arra'11e4e Fol 'C.h(.. Taonitoring of, any Cable, line, signal input device , or sujDsc.i-lber owlet or receive-C. for any purpose r_ V:hatSoi'--�.i;Y , -without. the :i_tJec.tf iC: diz t!:or7.Zatlo:l of the IsUiny Authority , C> J r_ o: CO JI i C -_ J - tvi , after a public hearing which shall be announced by written notice published in a newspaper of general circulanioa at W•=nt Gon, (10'' Gays I before the date of the hearing. 39 . This Amendment is granted with the understanding that the Franchise, as amended, will he in compliance with all rules and regulations of the FCC and all other :mown rules and reg-- ulations in force and affect upon the date hereof or which may hereafter be in force and effect during the period for which this license is granted. Any modifications of the pro- visions of Section 76 . 31 of the Rules of the FCC resulting from amendment by the FCC shall be incorporated into the Franchise, as amended, within one (1) year of adoption of the modification, or at the time of renewal_ of the Franchise, as amended , whichever occurs first . I 40 . This Amendment supplements the Franchise and does not replace or supersede same, except as stated herein. If , and to the extent that, any provision of the Franchise is inconsistent with any provision of this Amendment, the provisions of this Amendment shall govern. 41. If any provision of the Franchise, as amended, or the applica- tion thereof to any person or circumstance, is hold invalid, the remainder of the Franchise and Amendment and the applica- tion of such provision to any other Iperson or circumstance shall not be affected thereby and to this end the provisions f of the Franchise, as amended, are declared to be severable. I 42 . The issuing Authority acknow".2dgen that yranchiseP is executing this Amendment and undertaking the nzpansive upgrading called ...22- f 0?: ].n th].S t'lilienC{I!lellt and tiiC?Su^ ma]0.0 Illy J.- services as are required herel7.l oily- with the Issuing Authority ' s coiamit— meat that if this Amendment:-: or anf portion th P__'Cof is fouled I invalid or ].neffective, Franch.i.see will. continue to possess full rights under the Franchise and all valid portions of this Aimcndraent and that Franchisee will be entit"I-ad, upon request by it to the City, to i.Ilunediatel_y obtain fr_oisl the City ail. amE-nJirien t to this 7Lmendrnent which brings the Amend- ment into full conformity eai-th £l11 applicable laws; no amend- ments shall be made at that time except: as may be necessary to bring this Amendxncnt into such legal conformity. 43. The Franchisee shall assume all reasonable costs, as itemized, for the publication, printing and distribution of this Amendment. I44 . i''ranchlsee, shall be required to provide CoFit112uous ServlCe to all Subscribers in return for payment of the established charges . If the Issuing Authority revokes or fails to renew the Fran CJ-4 se , the Franchisee is required as part of the Franchise, as amended, to continue to operate the System for a reasonable period of time (not to exceed six I:!onths after all ;sights of appeal have been exhausted) until an orderly and lawful change of operation is effectuat ;d and to possess , during such interim period, all rights of ownership of the operating System, such as the collection of charges hereunder. In the event the Franchisee fails I to operate the System .for twenty-four (24) consecuti,,,7e 111011rs, except for reasons beyond itS reasonable control, o7i.thout approval of the 'City Council, , or the rranchiJec fall' s to con LiiiuC Oiler;;.{;1.p7"1 on th.t ::ccur r rice of, any of the norf:nts -.1. y.1Vi:7i i_n Che and .:en. o .- -._.� S t-ion-, thc' f..i t.�, ofr �.:..�-m (i :-j ng 5 o:: i-s agent sh.a" iiai'.� the - -jM. 'LC C:r-: ., L•... 'i:.11:? Sys,t-em until. such time as Frar]ohisca reslxlle's operatiorl Or `i new operator is selected'. if the City is required i7o �- this obligation for the Franchisee, the Franchisee shall I reimburse the City for any net costs incurred by thF: City for operating the System as a result of F.ranchisee° s faila,:e to operate the System, as required (with Franchisee othe-CW-,se retaining, however, a:l.l .revenues accruing during such period, and retaining other previously existing rights of ownership) , 45. Section 15 of the Franchise is rescinded, and the right to place wires , conduits and appurtenances for the System along or across the public streets, highways, alleys, public pro- perties , or public easements, pursuant to the Franchise , as amended, shall not be exclusive and the Citv of Palm Sp:ri.ngs reserves the right to grant a similar use of pablic property I to any person, company, corporation, or other entity, a.t any time during the period of the Franchise, as amended. 46 . All notices hereunder shall be by certified mail , and shall be sent to the following : if to Franchisee, to : Norman Smith, :tanager Warner Cable of Palm Springs l050 �,1. Palm Canyon Drive - P :lm Springs, California 92262 Edward J. Debiarco Senior Vice President I [`Earner Cable Corporation 75 Rockefeller Plazza DJew York , l:e%q York 10019 _.2tk_ Aaron 1 . Fleischman Senior vice President and General Counsel Warner Cable Corporation 75 Rockefeller Plaza I New York, New York 10019 . If to the Issuing Authority, to: City Manager City I1all 3200 Tahquitz-McCallum Way Palm Springs, California 92262. This Amendment is issued after twelve months of exhaustive investigation and analysis by the Issuing Authority, with the assistance of its Cable Television Committee, as to how cable Itelevision can best serve the needs and interests of the public and the City. The Committee ' s findings and recozmandations have been regularly reported to the Issuing Authority and the pudic daring said twelve month period and the results thereof are reflected herein. Among the matters explored and ascertained by the :Issuing Authcrity as part of its full public proceeding affording due process to the public and the Franchisee are the needs and interests of the public as to rates charged, as to the System' s operations, and as to the quality of cable tele- vision service offered and improvements for the future; the franchise fees collected by the Issuing Authority and the Issuing I Authorit.y ' s control over cable television operations ; and ".she lOqa:M_, charFicter, fi.nancial., technical and other- qualifications of r::.r;r.h9.see, the adequacy and feasibility of its constr"uction and plans and Fr anChY see ' s ability to fully j,.i et= the necds a;,d iI'a;.eh,ast of the" j?ublic and the City, on the basis fimenjinent is approved and ordered t}'1is A. dd_y of Foba--nary, .974 , ai_ a public1( svi.ing ofI_ho City Council, preceded by noi=j_Ce as Y_eql').,red by law,, CITY OF PALA SPRINGS, CAMFORNM'� BY /s/ Donald A. Blubaugh _„_____ ;'.-- ---- C7=T bi4idl:G I2 '— ATTEST: /s/ J, sumich 1)"SIPTYrI7 CITY CLERK Consent and approval is hereby given tc the foregoing Amendment, and it is accordingly accepted by Franchisee. WARNER = INC. -- Senior Vice I ORDINANCE NO. 962 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING AS AN URGENCY MEASURE, CERTAIN REGULATIONS PROHIBITING NEW RESIDENTIAL DEVELOP- MENT WHICH HAY BE IN CONFLICT WITI3 CONTEMPLATED TONING PROPOSALS UNDER STUDY BY THE PLANNING COMMISSION AND STAFF AFFECTING THE PALM SPRINGS AIR- PORT NOISE IMPACT AREA, SAID REGULA- TIONS TO BE IN EFFECT ON AN INTERIM STUDY BASIS PURSUANT TO GOVERNMENT CODE SECTION NO. 65858. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS- SECTION 1. From and after the effective date of this ordi- nance, and for the period during which this ordinance remains in effect, the Palm Springs 'Zoning Ordinance (with related maps) shall be subject to the following amendments and modifications: A. As to those certain properties and areas shown on Enhibit "A" , (attached hereto and hereby made a. part of this ordinance) as being within the Palm Springs Municipal kirport 65 CNEL im- pact- boundary, except as otherwise provided herein any and all of the following land uses are hereby prohibited; and no permits , approvals or other entitlements shall be issued or given therefor or related thereto: 1. New residential development and uses, in-- cluding single-family and multiple family dwellings and trailer parks; and schools of standard construction; and 2. Any other uses not deemed by the planning commission to be compatible pursuant to the provisions of Section 5014 and other_ sections, of Title 4 , Chapter 9 , Sub-- chapter 6 (noise standards) of the California Administrative Code. B. The regulations above shall be effective as to all future proposed development and land uses , but shall not be deemed applicable in those in- stances where substantial construction was under way on the effective date of this ordinance, pursuant to an existing building permit (not including a mere foundation permit) . C. The planning commission and City Council shall be authorized to allow by conditional use permit, other developments and uses not mentioned. in A. above within the Palm Springs Municipal Ai.rpo7:t. 65 CNEL impact boundary, if they find that any such proposed development or use will conform in all respects to the contemplated zoning proposals under study, and to all other applicable zoning . regulations. ii. Tlica Department of Community Development has oD file a precise legal description of the abovestated. 65 CNAL impact bouDdarl% which may be referred to for gi2:L.iRance regarding specific locations. Any disputes .I.il this regard not resolvable by the City Manager snai! be reterred to the City Council for final. determination. Ordinance No. 962 Page Two. SECTION 2 . URGENCY AND E'F"F C1I-VE DATIE. This Ordinance is adopted as an urgency measure pursuant to the author_4Ly of Sec— Lion 65858 of the Government Code of the State of California, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and passage by at least a four-fifties vote of the City Council. . The declaration of facts constituting 'the urgency is as follows : The Pain Springs Planning Commission and Department of Community Development (Planning department) are currently studying and considering contemplated zoning proposals relating to compatible uses of lands within the Palm Springs Municipal Airport 65 CNEL impact boundary, and it appears preliminarily that the developments and uses pro- hibited by this ordinance will. be found at the conclusion of the studies to be incompatible and inappropriate within said. boundary. It is accordingly essential to the public interest that the controls imposed by this ordinance be maintained- during an interim period during which final zoning regulation,- can be formulated for the critical area involved. SECTION 3. EFFECTIVE PERIOD OF ORDINANCE. This Ordinance shall remain in effect for a four-month Period pursuant to Section 65858 of the Government Code of the State of California, unless sooner repealed of otherwise modified, and subject to any ex- tension of -the effective period duly enacted pursuant to and I in accordance with saiid� Sect�ion� 658158. y Sl�CTTON 1. PUBL1CA'1 T_ONo Tlfe C.1.1,.y (,l.eY]A sha _ Ce1l.L -y to he passage hereof and cause the same to be published once, within fi£teon (15) days after passage , in THE DESERT SUN, a daily news- paper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this Still day of May---, 1974. AYES: Councilmen Beirich, Field, Garcia, Schl.echt. and Mayor Poster NOES: None ABSENT: None ATTEST: CITY OF PF:I SPRINGS, CALTFORNTA J 1 Deputy City Clerk Wm. A. Fos erMa.yor REVIEWED & APPROVED ✓'(, --------- I hereby certify that the foregoing Ordinance 962 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 8th day of May, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on May 15, 1974. DONALD A. BLUBAUGH Dated this 17th day By SUDITH SUMICH of May, 1974 ileputy City Clerk r / � r.• �•11 i s 967 ----�—._ I mot' j/a--^—f-_• old oL% N 5 a ¢ rn I\i .t•` �' I 5�� \� 6 /:.Y �1 v o ld C"IJ.n Cl➢.I;:ISTL' .I I AG Itu A L I EN TE a ] JN E]IAc ICrr:iRC a.•rlov S.` / : i;711D [A N`L�R ESEP.VAT'ION /wf`l - - -: j t 1 Zvi 1 ny__�'4•1� i kl 4I /7(�`e�fm......�-i•"�m '-Um ................ 9{$ col ✓-y �. p IX: --•,,�.� F 1 5 Cnri�.h�\,i� e(, I" r� ¢ `.� '� �.o- •n / /Ji �7 n 1-10 18 Of, WIN • e.\II12�N�.:14PlI::ll1e�---.•ea•.�. I I� •_ / •• __ ccli:,.�t l PALM PALMFINDS kIn IB ' P 'RT _ ?'j- ..-._.__... ._ __ L Inn Mod / au• `F=:.- ¢hptcfw �`• �i,� w__�:' :: J' 1 AG GA C'1 I,I E N'r/P ,',`/.' :': 'u� ? 211 oil I1`i:�' q' 7 � d .�•- I.�7 p - � •\ ,.__ ! I N I) I A N t ;;S L R V A 1'I O�:-:•, 0 - 1. ILL - • .i P/Uf A sPR:N TC,s MUNICIPAL AIPcPCi2!"25 ': 15 r E •fi ,`[ "�:' F _ y J bN C T BOUNDARY - E:L IPIPAC -J `\.C-:•':� � t': ,i(: ���.� '�- _ j -. _• i i'I'. __ _.._..,7__ o] .nrr .011 N11 'er.a ;mv r[tr i r !:-. /-� -?� ern:. `n•;vad rtj4:: i�rlJ �' '1_ _— __::['._e -1:_=_I ?3s:I:iti=s: "t^" C'ied Lo and oade a part of Crdina:.ce .No, i i i 171 ORDINANCE NO. 963 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, I AMENDING THE OFFICIAL ZONING MAP BY REZONING FROM 0-5 TO M-1-P CERTAIN PROPERTY LOCATED ON THE SOUTHEAST CORNER OF BOGIE ROAD AND MESQUITE AVENUE, SECTION 20. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . The Official Zoning Map of the City of Palm Springs referred to in Subsection B of Section 9100.03 of the Palm Springs Zoning Ordinance is hereby amended as follows: Zone Change: The 40-acre parcel of property legally shown on the attached Exhibit "A" is rezoned from an 0-5 classification to an M-I-P classification. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circula- tion , printed, published, and circulated in the City, of Palm Springs, California. IADOPTED this 12th day of June 1974. AYES: Councilmen Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: Councilman Beirich ATTEST: ��� CIT OF PALM SPfS, CALIFORNIA 4, `l eputy Ulty UlerK Mayor REVIEWED & APPROVED �t/y I HEREBY CEPTI " that the .Foregoing Ordinance 963 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 12th day of June, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation ,on June 19, 1974. DONALD A. BLUBAUGH . 1 I Dated this 19th day BY: JUDTTH SU1,11CH of June, 1974 _i Deputy City Clerk 13 IN 9046 ,110111111, /�mminp//�/M/ / --- - - -_ � -- t � ��':::.s��� Lam';: '�:.:•. , /// -..r. f--•�: -- - I - ? irciiSi M-1 A ©'5 __ _ -_ .......i................ - T I.p SUBJECT nn PERT Elii6iiF.ciiEi>'r" ti, L' 0..._.�Y - _� Zf w ----_ IV os - -'•a`ram. !: {rn \ ji =d 4 K� p, ..t j' s . a E {{ i DEVELOPED LAND AND ZONING ti I Et:N1134T L_ 4 --- Gilv'Mr Mo. 5.728 APPROVED r". y PLAN. V.FE. _P E t' I..f 1 . n;- z': F,I-IGAWT [recl:winkle % E I Cb � u`d GGa 'sW12L �,. t # 173 ORDINANCE NO. 964 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 858 FOR TAXICAB, AIRPORT TRANS- PORTATION AND BUS SERVICE.- - THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . The taxicab, airport transportation and bus service fran- chise granted by the City of Palm Springs by Ordinance No. 858, adopted October 27, 1969, is hereby amended in those respects set forth in Exhibit A attached to this Ordinance and incorporated herein by this reference. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 9. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circula- tion, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 12th day of June 1974 AYES: Councilmen Field, Garcia, Schlecht and Mayor Foster I NOES: None ABSENT: Councilman Beirich ATTEST: CITY OFPALW PRINGS, CALIFORNIA BY W LVky Deputy City Clerk Mayor REVIEWED & APPROVED Af I HEREBY CERTIFY that the foregoing Ordinance 964 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 12th day of June, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on June 25, 1974. DONALD A. BLUBAUGH r I Dated this .25Lh day ) BY: JUDITH SUMICH of June, 1974 / Deputy City Clerk 14 174 AMENDMENT TO FRANCHISE ADOPTED OCTOBER 27, 1969, THROUGH ORDINANCE 858, ARTICLE 29.12 The City of Palm Springs, California, by its Council hereby issues and grants to Satellite Charier Coach, Inc. , dba Yellow Cab Company of Palm Springs, a wholly-owned entity of Yellow Cab Company, a corporation ("Grantee" herein) an amendment to a Taxicab, Airport Transportation and Bus Service franchise adopted on October 27, 1969, and made effective through Ordinance No. 858, which amendment shall be effective as of Ju1y 1 , 1974. Ordinance No. 858 and the franchise granted thereby are hereby amended as follows: 1 . The title of Article 29.12 is hereby deleted and amended to read as follows: "ARTICLE 29.12 TAXICAB AND AIRPORT TRANSPORTATION" 2. Paragraph 4 of Section 29.12-1 , FINDINGS AND CONCLUSIONS, . I is hereby amended to read as follows : "The City Council of the City of Palm Springs now finds, based upon the aforesaid study, that there is an impera- tive publiic convenience and necessity requirement for the immediate institution of taxicab and ,airport trans- portation service. 3. Section 29.12-2 is hereby amended to read: "TAXI AND AIRPORT TRANSPORTATION FRANCHISE GRANTED. A franchise is hereby granted to Satellite Charter Coach, Inc. , dba Yellow Cab Company of Palm Springs, a wholly owned entity of Yellow Cab Company, a corpora- tion, hereinafter designated as "Grantee" to operate and maintain taxicab service and airport transportation service on an exclusive basis over, along and upon al] city streets of the Cir;y of Palm Springs for an initial period ending five years from the effective date of this franchise. Grantee will be granted one successive exclusive five-year renewal franchise upon, the same terms and conditions, provided that the franchise granted to the Grantee shall not have been revoked or I cancelled. However, renewal may be refused upon a show- ing of good cause found to exist after hearing upon any accusation or complaint specifying a breach of this franchise and proof that public convenience and neces- sity have not been satisfied. " EXHIBIT A to Ord No. 964 & Exhibit P, To Agr No 1061 i7 5 4. Subparagraph c. of Section 29. 12-15 is hereby deleted in its entirety. 5. Subparagraph e. of Section 29.12-15 is hereby amended to read as follows : I "e. Operators. To examine and license all drivers or operators of any taxicabs and airport transportation vehicles operated or maintained by the Grantee under the provisions herein. " 6. The first paragraph of Section 29. 12-18, INSURANCE, is hereby amended to read: "INSURANCE. Grantee shall , prior to operation of any kind, procure and at all times keep and maintain in full force and effect, a policy or policies of insur- ance issued by an insurer licensed to do business in the State of California and satisfactory to the City Manager and approved as to form by the City Attorney and pro- tecting andinsuring the City of Palm Springs against any and all liability for death or injury to persons, and/or damage to the property sustained, and/or suffered as a result of or arising out of the maintenance or operation of such taxicabs and airport transportation vehicles and/or any other operations permitted hereunder. Said policy or policies , which shall name the City as additional insured, shall be: in the following minimum 1 amounts, to-wit: " 7.. Section 29. 12-21 , DISCONTINUANCE OF SERVICE, is hereby amended to read: "DISCONTINUANCE OF SERVICE. Should Grantee for any rea- son whatsoever decide to discontinue airport transporta- tion and/or taxicab service within the City, 120 days notice shall be provided during which time Grantee shall be required to comply with all terms and conditions of this ordinance and any resolutions adopted thereunto. Grantee shall be obligated to reimburse City for any costs resulting from such termination withOLIt 120 days prior notice, as set forth in 29.12-4': " -8. Section 29,12-22, PERFORMANCE GUARANTEE, is hereby amended to read: "PERFORMANCE GUARANTEE. On acceptance of this franchise Grantee shall deposit $25,000 in an established bank in the County of Riverside to remain on deposit and not be withdrawn during the term of this franchise or any ex- tension thereof; or until the determination of liquidated damages flowing from any material breach of Grantee' s obligations under this franchise or Grantee's discon- tinuance of airport and taxi service without giving the City the required 120 days notice. Alternatively, Grantee may post a $25,000 irrevocable performance bond -2- Exhibit A to Ord. No.964 t Exhibit P. to AFr ,'o. R A 17G with the City named as loss payee; said bond to be pro- vided by a surety company licensed to do business in tie State of California and in a form satisfactory to the City. " 9. Section 29.12-29 is hereby deleted in its entirety. I All other provisions contained in the franchise granted under Ordinance No. 828 shall remain in full force and effect. Grantee has previously given its consent to the foregoing Amendment and a copy of its letter of consent is on file with the City Clerk. This Amendment to Ordinance No. 858 is approved and adopted this day of 1974, at a public meeting of the City Council . CITY OF PALM SPRINGS, CALIFORNIA BY City Manager I ATTEST: Deputy City Clerk I Exhibit A to Ord. No.gf,4 -3- & Exhibit B to AL;r. No._jD_Ej 1'7 ORDINANCE NO. 965 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SEC- TION 2. 04. 010 OF THE PALM SPRINGS I MUNICIPAL CODE SETTING THE TIME AND PLACE OF REGULAR MEETINGS OF THE CITY COUNCIL. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 2 . 04. 010 of the Palm Springs Munici- pal Code is hereby amended to read as follows: 2. 04 . 010 Meetings--Place--Days--Time. Re- gular meetings of the City Council shall be held in the City Hall , 3200 Tahquitz McCallum Way, in the City of Palm Springs, California, on the first and third Wednesdays of each month at the hour of seven-thirty p.m. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby or- dered and directed to certify to the passage of this Ordinance, and to cause same to be published once in I THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 26th day of June 1974. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST: CIT , OF P M SPRINGS, CALIFORNIA ot) Dep uty City Clerk Mayor 0 REVIEWED AND APPROVED_ lel� I HEREBY CERTIFY that the foregoing Ordinance 965 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 26th day of June, 1974, and that, same was published in THE DESERT SUN, a newspaper of general circulation on July 3, 1974. IDONALD A. BLUBAUGH Dated this 3rd dayof 7)Deputy J Y: JUDITH SUMICH July, 1974 City Clerk 7 I I 179 ORDINANCE NO. 966 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE SIGN ORDINANCE TO ALLOW FOR PEDESTRIAN ISIGN DIRECTORY FOR SHOPS WITHIN ARCADES OR MALLS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1 . The Sign Ordinance of the City of Palm Springs.is' hereby amended by the addition of the fallowint section: ' Section 8153.051 - PEDESTRIAN SIGN DIRECTORY FOR SHOPS WITHIN ARCADES OR MALLS. Where a pedestrian arcade or mall has been developed with shops , a single sign complex may be allowed which will identify the arcade or mall and each of the shops which do not have frontage on the public right-of-way. The sign complex may be attached to the building or may be free standing, but must be designed as an integral part of the arcade or mall . The arcade or mall identification sign shall not exceed 3 sq. ft. either single or double faced, and the sign for the individual tenants shall not exceed 1 sq. ft. either single or double faced. SECTION 2. EFFECTIVE DATE . This Ordinance shall be in full force and I effect thirty (30) days after passage. SECTION 3, PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circula- tion , printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 10th day of July 1974. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST,: CITY F ��I M PR iVGS, CALIFORNIA Deputy City Clerk Mayor - illiam A. Foster REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 966 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held July 10, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation, on July 16, 1974. DONALD A. BLUBAUGH BY: JUDITH SUMICH —' Deputy City Clerk i i i 18_� ORDINANCE NO. 967 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 12. 12. 015 TO THE PALM SPRINGS MUNICIPALCODE, RELATING TO AUTHORITY TO ISSUE PARKING CITATIONS.- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 12. 12 of the Palm Springs Municipal Code is hereby amended by adding thereto a new section, to be numbered 12. 12. 015 , and reading as follows: 12 . 12. 015 Authority to issue parking citations . Parking citations or notices of violations, related to charging violations of local or Vehicle Code regu- lations governing the parking or standing of vehicles, may be issued by any peace officer„ by any other em- ployee or agent of the police department or of the city who is duly authorized by the chief of police so to do, by any other person specifically so authorized by some other provision of law, and by any other person specially authorized by the chief of police in writing so to do. Whenever the chief of police delegates such authority to persons other than peace officers, he shall endeavor to see that 1 each such person is adequately instructed regarding the provisions of the parking regulations to be enforced, and the evidentiary prerequisites to pro- per prosecution for violations thereof. He shall further provide such persons with the same forms of citations or notices of violations as are utilized for the purpose by officers of the police department. Any such persons shall be appropriately instructed to deposit executed citations or notices with the police department for filing with the court, after review for legal sufficiency. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circu- lated in the City of Palm Springs, California. ADOPTED this 10th day of July , 1974 . AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST: CIT IPA yPRINGS, CALIFORNIA Deputy City Clerk Mayor - William A. Foster REVIEWED & APPROVED A/V 10 b 182 I HEREBY CERTIFY that the foregoing Ordinance 967 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held July 10, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation, on July 16, 1974. DONALD A. BLUBAUGH I \_,J BY: JUDITH SUMICH Deputy City Clerk I I 0:3 ORDINANCE NO. 968 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 15. 24. 020 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE ESTABLISHMENT OF SEWER SERVICE CHARGES AND POLICIES AND RULES REGARDING BILLINGS AND PERSONS LIABLE FOR PAYMENT THEREFOR. -------------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 15. 24. 020 of the Palm ,Springs Munici- pal Code is hereby amended to read as follows: 15.24. 020 Sewer seie rvc charges. Sewer ser- vice charges shall be in the amounts established from time to time, by resolution of the city council. The council may also, by resolution, prescribe policies, procedures, rules and regulations regarding administra- tion of the system for collecting such charges, in- cluding, but not limited to, such matters as methods of billing, times and cycles of billing, categories of properties or persons liable for payment of charges, times (whether in advance or arrears of services being afforded or available) when charges become due and payable, time increments for which charges can be imposed in advance or in arrears, and refund or proration privileges. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 10th day of July , 1974. AYES: ' Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST: CITY OF PALi S$RIN CALIFORNIA I \_J Deputy City Clerk Mayor-William A. Foster 1 REVIEWED & APPROVED Aeg� I I HEREBY CERTIFY that the foregoing Ordinance 968 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held July 10, 1974, and that same was published- in THE DESERT SUN, a news- paper of general circulation, on July 16, 1974. DONALD A. BLUBAUGH } BY: JUDITH SUMICH \_J Deputy City Clerk 11-c 1Uv ORDINANCE NO. 969 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CERTAIN SECTIONS OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO COLLECTION AND HAULING OF REFUSE, AND TO OBLIGATIONS OF PERSONS TO ARRANGE FOR SUCH SERVICES AND TO PAY THEREFOR. -------------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 6. 04 . 180 of the Palm Springs Municipal Code is hereby amended to read as follows: 6. 04. 180 Hauling of own refuse--Generally pro- hibited. No person who produces or accumulates re- fuse shall transport or have such :refuse (other than clippings, branches, leaves, and the like, generated by gardening or landscape services) in, over or upon the streets, alleyways or other public rights-of-way of the city unless and until a license, contract or other. permission to do so has been granted by the city council. SECTION 2. Section 6. 04 . 200 of the Palm Springs Municipal Code is hereby amended to read as follows: 6. 04. 200 Refuse collection service - Mandatory. (a) Every person who owns, and every person who oc- cupies, any developed real property within the city, upon which refuse is produced or accumulated, whether at a residential location or otherwise, shall make or cause to be made with the city' s authorized agent (when a contract for refuse collection is in force) or with the city (when no such contract exists) , appropriate arrangements for regular refuse collection services, and it shall be unlawful for any such person to fail, refuse or neglect so to do. An occupant of property shall be deemed to have complied with this subsection if the owner of the property has caused to be made such ap- propriate arrangements for collection of refuse to be produced or accumulated, by said occupant, and upon all portions of the property occupied by said occupant. An owner of property shall be deemed to have complied with this subsection if an occupant or occupants has or have caused to be made such appropriate arrangements for collection of all refuse to be produced or accumulated upon . all portions of said property. (b) It shall further be unlawful, and a public nuisance, for any person to occupy or inhabit any property within the city for which appropriate arrangements have not been made and kept in full force and effect for regu- lar refuse collection services, in compliance with sub- section (a) above. (c) Every person having a duty, pursuant to sub- section (a) above, to make or cause to be made arrange- ments for regular refuse collection services, shall be liable for payment of the appropriate service fees and charges therefor to the same extent and 'at the same times, irrespective of whether such person has, or has not, made 9-b MG Ordinance No. 969 Page Two the appropriate arrangements for collection services in com- pliance with said subsection (a) . Whenever the fees or charges for ,such services have not been paid when due, all of the persons mentioned in said subsection (a) shall be jointly and severally liable for payment thereof (together with any applicable penalties and interest) irrespective of what person may %have made any existing arrangements for col- lection services, provided that an occupant of only a portion of a parcel of real property or premises shall be deemed liable only for the fees or charges, or portion thereof, attributable to collection services for refuse produced or to be produced or accumulated or to be accumulated, by said occupant, and also upon all portions of the property occupied by said occupant. SECTION 3. Section 6. 04. 234 of the Palm Springs Municipal Code is hereby amended to read as follows: 6. 04. 234 Unauthorized collectors. At such times as there--is in force a contract entered into by the city with any contractor for the collection and dispo- sal of refuse of the city or its inhabitants , it shall be unlawful for any person other than the contractor, or his agents and employees, to collect any refuse for hire within the city. This section shall not, however, be deemed to prohibit any person performing gardening or landscape services , and who possesses an appropriate business license for such activity, from carrying away leaves and the like, generated by the gardening or landscape services performed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily news- paper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 24th day of July , 1974. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None ATTEST- CITY ,OF PA SPRINGS, CALIFORNIA i I / Deputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ord nance 969 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held July 24, 1974, and that same was published in THE DESERT SUN, a newspaper of general �circulation, on July 31, 1974. n,O NALD A. BLUBAUGII I By: JUDITH SUMICH Deputy City Clerk 9-b 187 ORDINANCE NO. 970 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS SUBDIVISION ORDINANCE CONCERNING PROCEDURES FOR APPROVAL OF TENTATIVE AND FINAL SUBDIVISION MAPS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 96-12.2 of the Palm Springs Subdivision Ordinance is hereby amended to read as follows : APPROVAL, CONDITIONAL APPROVAL, OR DISAPPROVAL OF TENTATIVE TRACT MAP. The Planning Commission shall report in writing to the City Council on any map or maps of any subdivision submitted to it within fifty (50) days after the intative map has been filed; and the report shall rec- ommend approval , conditional approval , or disapproval of the map or maps of the subdivision. The City Council shall act upon the report within. ten (10) days or at its next succeeding regular meeting after receipt of the report. SECTION 2. In line 6 of Section 9612.4 of said Ordinance, the words Planninq Commission are hereby amended to read City Council . SECTION 3. Section 9613.1 of said Ordinance is hereby amended to read as follows: I APPROVAL OF FINAL TRACT MAP. The City Council shall at its next meet- iny, or I'J 'Lliri a period of not more than ten (10) days after filing, approve the map if it conforms to all requirements of the Subdivision Map Act and any local ordinance at the time of approval of the tenta- tive map, or any rulings made thereunder. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Cleric is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs , California. ADOPTED this 24th day of _ July _, 1974. AYES: Councilmen Beirich, 'Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None Aj 5T CIT-t' OF- PAEr'1 SPRINGS, CALIFORNIA I _ Deputy City Clerk Mayor REVIEWED u APPROVED_� VgLV f`' —__--_— I HEREBY CERTIFY that the foregoing Ordinance 970 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held July 24, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on July 31, 1974. DONALD A. BLUBATJGH BY: JUDITH SUMICI-I Deputy City Clerk �H� I I ORDINANCE NO. 971 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PAL'; SPRINGS ZONING ORDINANCE CONCERNING INSTALLATION OF TENNIS COURTS INl RESIDENTIAL ZONES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION; 1 . Section 9403.00D-1 of the Palm Springs Zoning Ordinance is hereby amended by adding the following. o. Tennis courts in all residential zones . SECTION 2. Section 9301 .00E of said Ordinance is hereby amended by adding the following. 8. Tennis Courts a. No tennis court shall be constructed closer than 5 ft. to any property line and within this 5 ft. area a landscape screen stall be installed and maintained as long as the court remains. b. Ne tennis court shall be constructed in any required front or side front yard. c. The maximum allowable height for fences shall be 10 ft. above I the net; ral ground level - d. Where tennis courts are proposed to be constructed in areas where the terrain slopes, the surface level of the court shall be established at the lowest elevation of the natural terrain. SECTION 3. Section 9302.00D-5 of said Ordinance is hereby deleted and repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 24th day of July , 1974. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Poster 'IDES: None ABSENT: None JEST CIT`' 0- rA-0t, SPRINGS, CALIFORNIA Deputy City Clerk i ayY�r REVIEWED & APPROVED HEP.EBY CERTSIY that the foregoing Ordinance 971 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held Suly '24, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on July 31, 1974. ROPSAL•7 La. Bo,UP NC%. P ... ^r_t? Siith.lClr- .. Depat;% ity Cleric i i ORDII ANCE NO. 972 .AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING THE EFFi'ECTIVE PERIOD OF INTERIM ORDI- NANCE NO. 962, PURSUANT TO PROVISIONS OF GOVERNMENT CODE SECTION 65858. --------------- WHEREAS, this City Council did, on May 8', 1974 , enact pursuant to Section 65858 of the California Code, an in- terim ordinance (No. 962 ) adopting certain regulations prohibiting new residential development which may be in conflict with contemplated zoning proposals ender study by the Planning Commission and staff affecting the Palra Springs Airport noise impact area; and WHEREAS, the said studies and contemplated zoning pro- posals are extremely complicated and complex and have not yet been completed so as to enable their presentation to this City Council for consideration; and WHEREAS, it is necessary in the public interest that the provisions of said Ordinance No. 962 be continued in effect until the said studies have been completed and the contem- plated zoning proposals resulting therefrom can be presented to and acted upon by this City Council; and WHEREAS, said Ordinance No. 962 has an initial effective period of only four months, but pursuant to provisions of 1 Government Code Section 65858 , this City Council has a_tthorlty to ex -end said ordinance for an additional eight- month period; and WHEREAS, this City Council has, pursuant to Government Code Section 65858 , held a public hearing, after notice pursuant to Government Code Section 65856; NOW THEREFORE, THE CITY COUNCIL OF TEE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. By authority of Section 65858 of the Government Code of the State of California, Ordinance No. 962 adopted by this City 'Council on May 8, 1974, hereby- is extended for the eight-month period as authorized by said Section 65858. SECTION 2 . URGENCY AND EFFECTIVE DATE. This ordinance is adopted as an urgency measure pursuant to the authority of Section 65858 of the Government Code as well as pursuant to ,he authority of other law, for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immediately upon its adoption and 'passage by at least a four -fifths vote of the City Council. The declaration of faci.s constituting the urgency is as follows: The Palm 'Springs tla.nni.ng Col- v..ission and Department of Community De- velq7r n'C typ. lanning department) are continuing with their current studios and considerations of contemplated zoning proposals (reforrod to in Section 2 of Ordinance No. 962) relating to (!ompati.ble Uses of lands within the Palm Springs Municipal Airport 6� CINEIr 11(Ip<IC4- boundary, and it continues to appear tentatively that dev.,-1oT7)nent5 and uses prohibited by Ordinance No. 962 wil ll b`­ Found ,at the concl_uszon of the said 4tlydies and cr)n- si.ueraticr,s, ro be incompatible and inappropriate within the i 2 orcina_,__. No. 972 Page 2 said impact boundary. it is accordingly essential to the public interest th"t thn controls imposed initially by Ordinance No. 962 be maintained, during an additional reasonable interim period during which the, sa:ii studies and considerations can be completed and final zoning .regulations can in due course be formulated and promulgated for the critical area, involved. SECTION ,. EFTECTIVE PERIOD. This Ordinance, and Ordinance No. 962 , shall remain_ in effect for the eight-month period of exten- sion beyond the four-month period specified in Ordinance No. 962 , all pursuant to Section 65858 of the Government Code of the State of California, unless sooner_ .repealed or otherwise modified, and subject to any further extension of the effective period duly enacted pursuant to and in accordance with said Section 65858. SECTION 4 . PUBLICATION. The City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen (15) days after passage, in THE DESERT SUN, a daily news-- paper of general circulation, printed, published and circulated in the City ci Palm Springs, California. ADOPTED this 46h Oa'- of September 1974. AYES'; Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NO_ES. None AR.SENT. None I ATTEST-. CI"_' F PlyfLfdRINGS, CALIFORNIA De?uty Cloy C Y,r'Z.RWI Mayor EW, P_>n. 7= :Tt rY 1 HEREBY CERTIFY that the foregoing Ordinance 972 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held September 4, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on September 12, 1974. \ DONALD A. BLUBAUGi BY: jUDi'TH SUMICH Deputy City Clerk ORDINANCE NO. 973 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTERS 3. 84 , 3. 90 , AND 3. 96 OF THE PALM SPRINGS MUNICIPAL CODE, BY AMENDING CERTAIN SECTIONS AND PROVISIONS THEREOF RELATING; TO BUSINESS LICENSE TAXATION OF COIN-OPERATED VENDING MACHINES. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3. 84. 120 of the Palm Springs Municipal Code is hereby amended to read as follows: 3. 84 . 120 Coin-operated machines--Generally-- Exceptions. (a) Except where such business activity is taxed on a gross receipts basis, as specified else- where in this title, every person owning, possessing or maintaining any coin-operated machine used or placed for business purposes shall pay tax according to the schedules set forth in the sections herein fol- lowing, as applicable. (b) The license fees prescribed in the sections herein following are in addition to the license fees required by Chapters 3. 40 through 3. 96 for any other I business, occupation, show, exhibition or game that the same may be conducted in conjunction therewith. (c) Although a tax liability hereunder may be incurred in connection with any coin-operated machine, nothing herein shall be construed to imply an intent to allow or provide for the use or possession of any machine or device prohibited by law. (d) A license shall be issued for one or more machines at specific locations or premises, with the privilege of substituting machines. (e) The provisions in this title relating to business license taxation of coin-operated machines shall not be deemed to apply to: (1) Machines such as telephones and metered dispensers utilized in distributing, dispensing or providing a public utility commodity or service, by a public utility subject to control by the Public Utilities Commission or the Interstate Commerce Commission. (2) Vending boxes or machines for newspapers , magazines or other publications. SECTION 2 . Subsections (13) and (14) of Section 3. 84. 140 of the Palm Springs Municipal Code are hereby deleted and repealed. SECTION 3. Section 3. 84. 150 of the Palm Springs Municipal I Code is hereby amended to read as follows: 3. 84. 150 Wired Music Services. Except where such business activity is taxed on a gross receipts basis as specified elsewhere in this title, for every person own- ing, operating, possessing or maintaining a wired music system by which music, sound or voice is distributed or reproduced over wires from a central station to outlets 4 b 194 Ordinance No. 973 Page 2 at more than one separate place of business, upon a con- tract or other basis , the fee shall be one hundred dollars I per year for each station from which music is transmitted. SECTION 4. Section 3 . 84 . 160 of the Palm Springs Municipal Code is hereby amended to read as follows: 3. 84. 160 Coin-operated machines--Jukeboxes. Except where such business activity is taxed on a gross receipts basis as specified elsewhere in this title, for every per- son owning, operating, possessing or maintaining a coin- operated phonograph or other device by which music, sound or voice intended primarily for amusement purposes, is pro- duced at a single place of business , the fee shall be twenty-five dollars per year per machine. SECTION 5 . Section 3. 84 . 320 of the Palm Springs Municipal Code is hereby amended to read as follows: 3. 84. 320 Pool, billiards, bowling and the like. Except where such business activity is taxed on a gross receipts basis as specified elsewhere in this title , for every person operating an establishment where the principal business is pool, billiards, bowling alleys, shuffleboard, or similar games , or a combination thereof, the fee shall be a base tax of five hundred dollars per year, plus fifteen dollars for I each machine, alley, table or other device, whether used or not. For every such game, amusement, table, alley or device used in a place of business only incidentally to another principal business activity and not taxable on the above basis, the fee shall be twenty-five dollars for each machine, alley, table or other device, whether fully utilized or not. In computing taxes pursuant to this section, there shall be excluded any coin-operated machines separately taxed on a gross receipts basis as specified elsewhere in this title. SECTION 6. Subsection (3) of Section 3. 90. 100 of the Palm Springs Municipal Code is hereby amended to read as follows: (3) VENDING MACHINES. Except where such business activity is taxed on a gross receipts basis as specified elsewhere in this title, every manufacturer, distributor or vendor of ice shall pay, in addition to the above basic taxes, the sum of ten dollars for each coin-operated machine. SECTION 7 . Section 3. 96. 020 of the Palm Springs Municipal Code is hereby amended to read as follows : 3. 96. 020 Coin-operated vending machines--Laundry Equipment--Businesses limited exclusively to renting, leasing I or operating. (a) Any person whose business is limited ex- clusively to renting, leasing or operating: (1) Coin-operated vending machines dispensing tangible or intangible items, property, music, entertainment, recreation or other services; or (2) Laundry equipment, whether or not coin-operated, but this category shall not be deemed to include coin-operated 4b 195 Ordinance No. 973 Page 3 laundry equipment owned and operated by a retail I establishment providing coin-operated laundry equipment for general public use; shall pay a license tax computed at the rate of one percent of all gross receipts actually derived from or directly attributable to the business activi- ties conducted within the city. (b) DEFINITION OF "GROSS RE;CEIPTS. " For purposes hereof, "gross receipts" means al.l sums deposited in the machines or paid for the use of the machines , from any source, prior to the division, subtraction, or dis- tribution of any such moneys, but shall not include cash sums returned by the machines themselves to the customers. (c) APPLICABILITY OF CERTAIN OTHER SECTIONS. In administering and enforcing this section and other sec- tions related hereto, the provisions of Sections 3. 84 . 120 , 3. 84 . 130, 3. 84. 170 and 3. 84. 180 of this code shall be ap- plicable insofar as they are appropriate and applicable in the particular circumstances, and are not inconsistent or in conflict with provisions in this chapter or with other law. SECTION 8. Sections 3. 96, 030, 3. 96. 040 , 3. 96. 050, 3. 96. 060 , 3. 96. 070 are hereby added to the Palm Springs Municipal Code, I to read as follows: 3. 96. 030 Minimum fee per licensee. In order to help defray the administrative costs of processing any such license tax payment, a minimum of five dollars per year shall be due from any licensee taxed on a gross receipts basis. 3. 96. 040 Initial license application--Ascertain- ment of tax. In all cases where the amount of license tax to be paid is to be computed on a gross receipts basis, the initial application for a license to be issued hereunder or for a newly established business shall set forth in addition to other information re- quired pursuant to other sections of this code, the following information, sworn to or certified correct under penalty of perjury: (1) An estimate of the gross receipts for the period to be covered by the license to be issued; (2) Any further information which the collector may require to enable him to reasonably compute or estimate the amount of the license tax to be paid, and to issue the type of license applied for. The said estimate by the applicant, if accepted by the I collector as reasonable, shall be used in determining the amount of license tax to be paid by the applicant; provided, however, the amount of the license tax so de- termined shall be tentative only, and such person shall , within thirty (30) days after the expiration of the period for which such license was issued, furnish the collector with a statement, sworn to or certified correct under penalty of perjury, in such form as may be reason- ably required by the collector, showing the gross receipts 4 b 1_9C Ordinance No. 973 Page 4 during the period of such license , and the license tax for such period shall be finally ascertained and paid after de- ducting from the payment found to be due, the amount paid at the time the initial license was issued. 3. 96. 050 License renewals--Record keeping. (a) In all cases , the applicant for a renewal of a license upon which the tax is computed on a gross ,receipts basis, shall submit to the collector for his guidance in ascertaining the amount of the license tax to be paid on renewal, a statement sworn to or certified correct under penalty of perjury, and in such form as may be required by the collector setting forth such information concerning the applicant ' s business during the preceding year as may be required by the collector to enable him to ascertain the amount of the license tax to be paid by said applicant pursuant to the provisions of this title. (b) All persons subject to liability for payment of license taxes computed on a gross receipts basis shall keep complete records of all business transactions which are to be used or referred to in order to compute properly the amount of taxes payable, including if appropriate, sales, receipts , purchases , and other expenditures , and all such persons shall retain all such records for examination by the collector. Such records shall be maintained for a per- iod of at least three years. No person required to keep records under this section shall refuse to allow authorized I representatives of the collector to examine said records at reasonable times and places. 3 . 96. 060 Auditing powers of Collector. (a) In order to verify that applications and statements submitted pursuant to this title, and that tax computations for businesses taxed on a gross receipts basis, are made accurately, correctly and truthfully, the collector shall have full power and authority to audit and inspect any and all business and accounting re- cords of any such business, relating directly or indirectly to any business activity conducted within the city. The collector shall , in this connection, have authority to take whatever means he deems necessary or useful to require an accurate count, or to himself make or participate in the making of an accurate count, of any coins derived by any coin-operated machine or machines. (b) In implementation of the collector' s auditing powers, he may require an applicant or licensee to submit a true copy of the State sales and use tax returns filed relative to any coin-operated machines or business activities which are taxable on a gross receipts basis. The collector may also require a true copy of any other tax statement filed with any governmen- tal entity by the applicant, licensee or by any other individual or firm owning , renting, leasing, or operating machines taxed on a gross receipts basis, which other tax statement discloses the gross receipts received from owning, renting, leasing, or operating such machines. Refusal or wilful failure of any per- son to comply with any such requirement by the collector shall be unlawful. 4b 1917 Ordinance No. 973 Page 5 I 3. 96. 080 Revocation of Licenses. Any business license issued by the collector in connection with which the taxes payable are computed upon a gross receipts basis, may be revoked by the collector for failure of the licensee to report, or to truthfully report, the gross receipts which are subject to such taxation. No such revocation shall , however, take place until after a hearing conducted by the collec- tor with due notice and in accordance with the legal principles of due process. SECTION 9 . EFFECTIVE DATE. This Ordinance, being an Ordi- nance relating to taxes for usual and current expenses of the City, shall take effect immediately upon its passage. SECTION 10. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once, before the expiration of fifteen (15) 'days after passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and cir- culated in the City of Palm Springs , California. ADOPTED this 4th day of September , 1974. I AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None -77T: CIT PA hRINGS, CALIFORNIA Deputy City Clerk ,/J Mayor REVIEWED & APPROVED �g! I HEREBY CERTIFY that the foregoing Ordinance 973 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held September 4, 1974, and that same was published in TILE DESERT SUN, a newspaper of general circulation on September 12, 1974. DONALD A. BLUBAUGH \ BY: JUDITII SUMICH IDeputy City Clerk 1 4 b 193 I I 99 ORDINANCE NO. 974 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING THE PALM SPRINGS ZONING ORDINANCE FOR A CHANGE OF ZONE FROM WO-5 TO WRGA-6 FOR PROPERTY LOCATED ON THE NORTH SIDE OF AVENUE 34 AND WEST OF THE WHITEWATER RIVER, SECTION 20. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 9100.03B of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs referred to therein is hereby amended as follows : Zone Change: The property approximately 17 acres in size and legally shown on the attached Exhibit "A" is rezoned from a WO-5 classification to a WRGA-6 -- " classification. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause same to be published once in THE DESERT SUP], a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs, California. ADOPTED this 13th day of September , 1974. AYES: Councilm.er, Beirich, Field, Garcia, Schlechr_ and Mayor Foster NOES: -None ABSENT: None ,',AWE T: CITY Oc- PAL;'i SPRINGS, CALIFORNIA Deputy City Clerk Mayor - REVIEWED A APPROVED�2S v �EIEREBN CERaPFV that the foregoing Ordinance 974 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held September 18, 1974, and that same was published in 'SIZE DESERT SUO, a newspaper of general circulation on September 25, 1974. DO].ALD A. BLUBAUGH. = BY: UD�:TF� SUNI'C11 .\ — Deputy City Clerk 1. C 200 a x r, 3 q � t 1 - - -- =- --__-__-_ LL — — - --- _- - k LL. 9 u Efi 5 j aq O d W' N .-�yp(? �/P,f' y PLAN. 1 1N' b 149�LJ Sef'mr T'0. v.C1Ul_ I SyPt�l� \ 6Y 4 1 1 ry(( ryry r1 u(( C _-- =. UITY OF PAUI SPRIMGS(Sloan APPROVED BY C7Ur GfL Ordinance No. 975 Paqe 3 (26) Sunrise Way Racquet Club Road to La Verne Way 35 (27) Tachevah Drive North Palm Canyon Drive to Sunrise Way 25 (28) Tahquitz-McCallum Way North Palm Canyon Drive to El Segundo 25 E1 Segundo to 600 ft. west of Avenida Caballeros 35 600 ft. west of Avenida Caballeros to Sunrise Way 45 Sunrise Way to E1 Cielo 35 (29) Tamarisk Road North Palm Canyon Drive to Sunrise Way 25 (30) Toledo Avenue La Verne Way to Maricopa Drive 25 Maricopa Drive to Murray Canyon Drive 35 (31 ) Vista Chino East City Limit to a point 500 ft. west of Via Miraleste (westbound) 35 600 ft. west of Via Miraleste to North Palm Canyon Drive (westbound) 25 Indian Avenue to East City Limit (eastbound) 35 SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published, and circulated in the City of Palm Springs , California. ADOPTED this 18th day of September 1974. AYES: Councilmen Field, Garcia, Schlecht and Mayor Poster NOES: Councilman Beirich ABSENT: None ATTEST: CI V OF P M S RINGS, CALIFORNIA "I J Deputy City Clerk Mayor REVIEWED & APPROVED I I HEREBY CERTIFY 'thht the foregoing Ordinance 975 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held September 18, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on September 25, 1974. DONALD A. BLUBAUGH �h BY: JUDITH SUMICH Deputy City Clerk 6 b I 2 0 ,_ ORDINANCE NO. 975 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12'.20.020 OF THE PALM SPRINGS MUNI- CIPAL CODE RELATING TO ESTABLISHMENT OF CERTAIN SPEED LIMIT ZONES . THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN, AS FOLLOWS: SECTION 1 . Section 12.20.020 of the Palm Springs Municipal Code is hereby amended to read as follows: 12.20.020 Decrease of State law maximum speed. It is hereby deter- mined upon the basis of engineering and traffic investigations that the speed permitted by State law outside of business and residence districts as applicable upon the following streets is greater than is reasonable or safe under the conditions found to exist upon such streets , and it is hereby declared that the prima facie speed limit shall be as herein set forth on those streets or portions of streets herein desiqnated, when signs are erected giving notice thereof: DECLARED PRIMA FACIE NAME OF STREET PORTION AFFECTED SPEED LIMIT I (MILES PER HOUR) (1 ) Alejo Road Vine Street to Via Miraleste 25 Via Miraleste to Sunrise Way 35 Sunrise Way to east termination of street (Airport) 25 (2) Amado Road Calle Encilia to Sunrise Way 45 (3) Araby Drive Highway III to Stagecoach Road 35 (4) Baristo Road Indian Avenue to S. Tahquitz Drive 25 (5) Bogie Road Vista Chino to Ramon Road 50 (6) Avenida Caballeros Vista Chino to Alejo Road 25 Alejo Road to Ramon Road 35 (7) Camino Real Highway Ill to La Verne Way 35 La Verne Way to Murray Canyon Drive 25 I (B) Civic Drive Alejo Road to Tahquitz-McCallum Way 25 (9) Crossley Road Ramon Road to 34th Avenue 45 (10) El Cielo Tahquitz-McCallum Way to Ramon Road 35 Ramon Road to Sunny Dunes Road 25 Sunny Dunes Road to Escoba Drive 45 6 b Ordinance No. 975 Page 2 (11 ) Paseo El Mirador Indian Avenue to Sunrise Way 25 (12) El Segundo Alejo Road to Ramon Road 35 (13) Calle Encilia Alejo Road to Arenas Road 25 Arenas Road to Ramon Road 35 (14) Escoba Drive E1 Cielo Road to Highway Ill 35 (15) Farrell Drive Verona Road to Vista Chino 35 Vista Chino to east prolongation of Tachevah Drive 45 East prolongation of Tachevah Drive (around "S" curve) to Tamarisk Road 35 Tamarisk Road to Tahquitz-McCallum Way 25 Tahquitz-McCallum Way to Mesquite Avenue 35 Mesquite Avenue to Highway Ill 25 (16) Golf Club Drive 34th Avenue to Highway 111 35 (17) Indian Avenue North City Limit to San Carlos Road 45 I San Carlos Road to Via Escuela 35 Via Escuela to Camino Parocela 25 (13) La Verne Way South Palm Canyon Drive to Sunrise Way 35 (19) Mesquite Avenue Belardo Road to Calle Palo Fierro 25 Calle Palo Fierro to Farrell Drive 35 (20) Murray Canyon Drive Toledo Road to South Palm Canyon Drive 35 (21 ) Palm Canyon Drive Highway Ill to El Portal 25 (South) E1 Portal to Murray Canyon Drive 35 (22) Calle Palo Fierro Avenida Granada to Highway Ill 25 (23) Racquet Club Road Highway 111 to Aurora Drive 25 Aurora Drive to Verona Road 35 (24) Ramon Road La Mirada Road to Vista Oro 25 Vista Oro to E1 Cielo Road 35 El Cielo Road to Crossley Road 45 (25) Sunny Dunes Road Belardo Road to Camino Real 25 Camino Real to Sunrise Way 35 6 b J ORDINANCE NO. 976 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE DOWNTOWN BUSINESS IMPROVEMENT AREA AND ADDING CHAPTER 3. 98 TO THE PALM SPRINGS MUNICIPAL CODE, PROVIDING FOR A SPECIAL ADDITIONAL LICENSE TAX TO BE PAID BY BUSINESSES OPERATING IN SAID AI:EA. ---------------- On August 7 , 1974 , the City Council of the City of Palm Springs adopted Resolution No. 11164 , a resolution of in- tention to establish a Business Improvement Area (Downtown Business Improvement Area) . Said Resolution of Intention was duly and regularly published and mailed in the time , form, and manner as required by law. As set in said Resolution of Intention , a public hearing was held on September 18 , 1974 , at 7 : 30 o' clock P.M. in the Council Chambers of the City Council of Palm Springs, at which hearing the Council proceeded to hear protests and objections, both oral and written, to the establishment of said Business Improvement Area. Said hearing having been heard and duly considered, the City Council by Reso- lution No. 11190 „ entitled "Resolution Overruling Protests (Downtown Business Improvement Area) , " adopted September 18, 1 1974 , duly overruled and denied all of said protests and objections. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A Business Improvement Area is hereby established in accordance with the provisions of Part 5 of Division 18 of the Streets and Highways Code of California (Parking and Business Improvement Area Law of 1965) as set forth in SECTION 2 hereof. SECTION 2. A new chapter, to be known as Chapter 3. 98 , is hereby added to the Palm Springs Municipal Code, to read as follows: Chapter 3. 98 ADDITIONAL TAX - DOWNTOWN BUSINESS IMPROVEMENT AREA 3 . 98. 010 Established. A business improvement area is hereby established pursuant to the provisions of Part 5 of Division 18 of the Streets and Highways Code of California. Said Area is hereby designated as the Downtown Business Improvement Area. The ex- terior boundaries of said Area are as delineated on that certain map entitled "Downtown Business Im- provemenL- Area" filed in the office of the city clerk of the City of Palm Springs on August 7 , 1974 . 3. 98. 020 Additional tax. An additional levy of license tax on businesc;us located within said Down- town Business Improvicemeant Area is hereby imposed. Lach business shall pay an additional levy as set forth in Sactions 3. 98 . 030 , 3. 98. 040 , and 3. 98. 050 of this chapter, by which sections a classification of busix,esses within said area and the additional levy 24 a Ordinance. No. 976 Page 2 . within each classification are established. 3. 98. 030 Classification A. A classification of businesses to be designated as Class A is hereby estab- lished. Said Class A shall include the following bisi- nesses: Real Estate Salesmen. No additional levy shall be imposed for businesses within Class A. 3. 98 . 040 Classification B. A classification of busi- nesses to be designated as Class B is hereby established. Said Class B shall include the following businesses: All businesses not deriving income from retail sales. The additional levy of license tax for businesses within Class B shall be as follows: An additional tax equal to the otherwise established business license tax applicable to each such respective business , but not to exceed $100. 00. 3. 98. 050 Classification C. A classification of businesses to be designated as Class C is hereby estab- liShod Cai rl dace �+ chaff nr•l ++moo +1� Fr,l � r`,,,_ nesses: __ v All businesses conducting or deriving income from retail trade. The additional levy of license tax for businesses within Class C shall, be as follows: An additional tax equal to the otherwise established business license tax applicable to each such respective business, but not to exceed $500. 00. 3. 98 . 060 Remaining businesses classified. Any busi- ness not specifically listed in Sections 3. 98. 030 through 3. 98 . 050 shall be included within Class C as set forth i.n Section 3. 98. 050. 3. 98 . 070 Deposit in special fund. All revenue re- ceived under this chapter shall be deposited into a special fund of the City of Palm Springs. No monies shall be dis- bursed from said fund except for the purposes set forth in Section 3. 93. 080 hereof. 3. 98. 080 Special fund purposes . The revenue received I by levy of the additional tax prescribed in this chapter_ shall be used for: (1) The maintenance of parking facilities for the benefit of the area. (2 ) Decoration of any public place in the area. (3) Promotion of public events which are to take place on or in public places in the area. (4) Furni.shin,* of music in ary public pt.-Ice in the ' area. (5) The general promotion of retail trade activities in the area. 24 a Ordinance No. 976 Page 3 3. 98 . 090 Time for payment. The initial additional levy as herein provided shall be due on October 1, 1974 for the tax year 1974-75. The additional levy shall con- tinue thereafter pursuant to this chapter for each busi- ness license tax period until the business improvement area is d.isestablished by action of the council. 3. 98". 100 Other chapters applicable. The addi- tional levies set forth herein shall be considered an additional levy of business license tax and except as otherwise provided in this chapter, shall be specifi- cally :subject to the provisions of chapters 3. 40 through 3. 99 of this code. SECTION 3. EFFECTIVE DATE. This Ordinance, being an Ordinance relating to taxes for usual and current expenses of the City , shall take effect immediately upon its passage. SECTION 4 . PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once, before the expiration of fifteen (15) days after passage , in THE DESERT SUN, a daily newspaper of general circulation , printed; published and cir- culated in the City of Palm Springs, California. ADOPTED this 6th day of November 1974. _I AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mavor Foster NOES- None ABSENT: None AT"�SS CITY OP/ 3ALM SPRINGS , CALIFORNIA DepJirty City Clerk h4ayor �y REVIEWED & APPROVED� � HEIMY CERTIFY that the foregoing Ordinance 976 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held November 6, 1974, and that same was published in 'ITIE DESERT SUN, a newspaper of general circulation on November 11, 1974. DONALD A. BUOBA70GH City Clerk - I JJJ Si. 3i3Di`t`li SUMLCH Deputy City Clerk I FI 1 I E 24 I E ���� I I ORDINANCE NO. 977 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A DOWNTOWN BUSINESS IMPROVEMENT AREA ADVISORY BOARD. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter, to be numbered Chapter 2. 22, is hereby added to the Palm Springs Municipal Code, to read as follows: Chapter 2.22 DOWNTOWN BUSINESS IMPROVEMENT AREA ADVISORY BOARD 2.22.010 Created. There is created a downtown business improvement area advisory board for the city. It shall consist of eighteen members, serving without compensation, appointed in the manner prescribed in Section 2.04.060 of this code. All appointments to the board shall be for terms as prescribed in Section 2.06.010 of this code. It shall be the policy of the city that in the making of appointments to the board, an attempt shall be made to select five members who represent a cross section of those businesses affected by the program, and thirteen who collectively represent the area geographically. 2.22.020 Officers--Committees. The board, at its organizational meeting, and periodically thereafter in accordance with its standing rules, shall elect from its membership a chairman and a vice-chairman. The chair- man and the vice-chairman shall have and perform such duties as are commonly associated with their respective titles. The board shall be further author- ized to appoint and fix the membership of such number of standing and temporary committees as it may find expedient for the performance of its duties. 2 . 22.030 Meetings--Rules of procedure. The board shall meet at least once each month at such time and place as shall be fixed by the board by its standing rules. A majority of the existing appointed members of the board shall constitute a quorum for the transaction of business. The board may establish such rules and regulations as it deems necessary for the conduct of its business. In matters relating to the holding of regular and special meetings, the board is bound by the provisions of the Ralph M. Brown Act of the State of California (Sections 54950, et seq. , California Government Code) . 2. 22.040 Functions, powers and duties. The functions, powers and duties of the board shall be to assist the city council as follows : (1) Develop a budget within the projected amount of revenue to be received and within the legal limits defined in Section 3.98.080 of this code, for consideration and approval by the council. (2) Recommend staff for the administration of the program. (3) Oversee the administration and implementation of the program. (4) Review methods and amounts of assessments and recommend alternative approaches, if necessary. (5) Recommend changes in budget when deemed necessary. 3a 21 4 V ORD. NO. 977 Page 2 SECTION 2. Notwithstanding the provision of Section 2. 22.010 set forth above, of the eighteen members first appointed to the Advisory Board at the time this ordinance takes effect, six shall be appointed for a term that expires on June 30, 1975, six shall be appointed for a term that expires on June 30, 1976, and six shall be appointed for a term that expires on June 30, 1977. Thereafter, all appointments to the commission shall he for terms as prescribed in Section 2.06.010 of the Palm Springs Municipal Code. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circula- tion, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 16th day of October 1974. AYES: Councilmen Beirich, Field & Mayor Foster NOES : Councilmen Garcia & Schlecht ABSENT: None "TT ST: CITY PALM S RING S, CALIFORNIA �eputy City Clerk ( ayor I REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 977 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held October 16th, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on October 24, 1974. DONALD A. BLUBAUGH City Clerk �I BY: JUDITH SUMICH Deputy City Clerk 3a ORDINANCE NO. 978 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, FURTHER AMENDING THE FRANCHISE (AS AMENDED) ORIGINALLY GRANTED BY ORDINANCE NO. 249 FOR A COMMUNITY ANTENNA TELEVISION SYSTEM. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. The community antenna television system franchise originally granted by the City of Palm Springs by Ordinance No. 249, adopted July 9, 1952, and most recently amended by Ordinance No. 961, adopted on February 27, 1974 , hereby is further amended in those respects set forth in the exhibit attached to this Ordinance and by this reference incorporated herein. SECTION 2 . EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. 1 ADOPTED this 6th day of November , 1974 AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None �TF,S CITY ,I OF.-TALM SPRINGS, CALIFORNIA De(outy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 978 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 6th day of November, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on November 18, 1974. DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk a ACRE.EM1ENT .nnd AMENDMENT This is an agO cement between the CITY OF PALM SPRINGS , a municipal. corpora Lion of the State of Ca7Uornia (hereinafter referred to as I Ci.ty") and 'WARN1;R-CCC INC. (hereinafter-referred to as "Franchisee") to amend the Palm Springs CATV Franchise , as amended,, ' WHEREAS the Franchise , as amended, is inconsistent wi_th' standards of the Federal Communications Commission regard- ing, the franchise fee and franchise duration; and WHEREAS the City and Franchisee wish to further amend the Franchise , as amended , so as to be consistent with such standards of the Federal Communications Commission ; NOW THEREFORE, it is agreed that the first sentence of paragraph 35 of the Amendment approved by the City on February 13 , 1974 is changed as follows : "The annual franchise fee shall be 3% of Franchisee ' s gross subscriber revenues per year derived from regular subscriber services in the City. " Paragraph 29 of said Amendment is hereby changed as follows : The" Franchise , as amended, shall continue for a period of 15 years from the date of_ FCC certification of this Amendment. " It is undersL007that inasmuch as the said Franchise , as amended, was originally granted by ordinance , it will be necessary for City to further implement this amendment by adopting the same by another ordinance . I El(Ei_'Iil D Iry partiestparties -an of the respective dates -J 1 indicated. ATUST CITY OF PALM SPRINGS , CALIFORNIA /1 C 7 J B37 %—✓' " `' l,_i:rSC'fr� — DFAD= CITY CLEFR�) CITY ti �AGEh WARNER-CCC INC. �,3 Date -- By :Sen:ior Vice President APPP.OVDD BY TIIG CITY COUAVlf, r BY nO. 11217 ON 10-16-74. ;%Myrtond E. On-; R gill_ 1 ORDINANCE NO. 979 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA , AMENDING SEC- TION 3. 98 . 040 OF THE PALM SPRINGS MUNICIPAL CODE, CONCERNING THE ADDITIONAL LICENSE TAX TO BE PAID BY BUSINESSES OPERATING IN THE DOWNTOWN BUSINESS IMPROVEMENT AREA, BUT WHICH BUSINESSES DO NOT DERIVE INCOME FROM RETAIL SALES. --------------- On October 16 , 1974 , the City Council of the City of Palm Springs adopted Resolution No. 11223, a resolution of in- tention to amend Section 3. 98. 040 of the Palm Springs Municipal Code. Said Resolution of Intention was duly and regularly published and mailed in the time, form, and manner as required by law. As set -in said Resolution of Intention, a public hearing was held before said City Council on November 6 , 1974 , at 7 : 30 o' clock P.M. in the Council Chambers of the City Council of Palm Springs on the amendment of said Section. NOW THEREFORE, THE CITY COUNCIL OF THE CITY CF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 3. 98. 040 of the Palm Springs Municipal Code is amended to read as follows: 3. 98 . 040 Classification B. A classification of businesses to be designated as Class B is hereby established. Said Class B shall include the follow- ing businesses: All businesses not deriving income from retail sales. The additional levy of license tax for businesses within Class B shall be as follows: An additional tax equal to the otherwise established business license tax applicable to each such respective business , but not to exceed $50. 00. SECTION 2. EFFECTIVE DATE. This Ordinance, being an Ordi- nance relating to taxes for usual and current expenses of the City shall take effect immediately upon its passage. It shall, however, be deemed operative as to taxes due for the tax year 1974-75 and for subsequent tax years. SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once, before the expiration of fifteen (15) days after passage, in THE DESERT SUN, a daily 2 c Ordinance No. 979 Page 2 . newspaper of general circulation, printed, published and circu- lated in the City of Palm Springs, California. ADOPTED this 20th day of November , 1974. AYES: Councilmen Beirich, Field, Garcia, Schlecht and Mayor Foster NOES: None ABSENT: None r ATTEST-- CIT1 "r LM SPRINGS , CALIFORNIA J Deputy City Clerkk Mayor REVIEWED & APPROVED 4"l I HEREBY CERTIFY that the foregoing Ordinance 979 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 20th day of November, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on November 29, 1974. DONALD A. BLUBAUGH City Clerk / I B JUDITH SUMICH Deputy City Clerk 2 c ORDINANCE NO. 980 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SEC- TION 11. 08. 005 TO THE PALM SPRINGS MUNICIPAL CODE, PROHIBITING IN UN- LICENSED PUBLIC PLACES THE CONSUMP- TION OF ALCOHOLIC BEVERAGES OR POSSESSION OF OPENED ALCOHOLIC BEVERAGE CONTAINERS. --------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. A new section to be numbered 11. 08. 005, is here- by added to the Palm Springs Municipal Code, to read as follows: 11. 08 . 005 Public drinking and liquor possession. (a) No person shall drink, use or consume any alcoholic beverage, as defined in Section 23004 (and related sec- tions) of the Business and Professions Code of the State of California, upon any public street, sidewalk, highway, road, lane or alley, or in or upon any other publicly owned property which is open to the use or the business of the public at the time, but which place is not licensed for the consumption of such beverage on the I premises. The provisions hereof shall not apply how- ever, to the park and recreation areas regulated under Chapter 11. 44 of this code. (b) No person shall, in or upon any of the places listed in (a) above, have in possession any alcoholic beverage defined as in (a) above, contained in any bottle, can or other receptacle, which has been opened, or a seal broken, or the contents of which have been partially removed, provided that this subsection (b) shall not apply when the beverage is in possession at the time strictly for the purpose of transporting the same, along with other items, briefly and temporarily and directly through a place listed in (a) above, the starting point and destination point both being places other than those listed in (a) above. Further, this subsection (b) shall not apply to the park and recrea- tion areas regulated under Chapter 11. 44 of this code. (c) No person shall do or commit any act pro- hibited in (a) or (b) above when such person is upon privately owned property rather than publicly owned property, which privately owned property is open to the use or patronage of the general public at the time, unless such person doing or committing said act has the express or implied permission or invitation so to do from the owner or lessee or other person in charge of the private property or business premises involved.' (d) Subsections (a) and (b) above shall not apply to consumption or possession of alcoholic beverages on city owned property pursuant to any permit, entitlement or other permission issued or given by the city manager or city council in connection with the holding of a special event on or at the place or premises where such consumption or possession would otherwise be prohibited, nor shall such subsections apply with respect to public 4b Ordinance No. 980 Page 2 . property owned and controlled by a public entity other than the city if such other public entity has given its express or implied permission or invitation allowing use of the premises for purposes otherwise prohibited in (a) or (b) above. SECTION 2 . SEVERABILITY. If any section, subsection, sentence , clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be de- clared invalid. SECTION 3. URGENCY. This ordinance shall take effect as an urgency measure immediately upon its adoption. It is hereby declared that it is necessary to the public peace, health, safety and welfare that this ordinance be adopted as an urgency measure. The facts constituting the urgency are : This City Council has become aware that in certain public places and places open to the public, the consumption of alcoholic beverages in such places has I been widely causative of or directly associated with offensive , anti-social and sometimes criminal conduct and activities directed toward law abiding residents, property owners, visitors and legiti- mate business persons. Such conduct and activities have threatened and still threaten the safety and well-being of such persons , and. the public peace, as well as constituting a serious disruption of the free and unhampered conduct of commerce and business which is essential to the economic health of this community. Accordingly, it is deemed essential that the prohibitions enacted by this ordinance take effect immediately so as to minimize the great harm which is regularly occurring to the aforesaid citizens and business interests. SECTION 4. EFFECTIVE DATE -- PUBLICATION. This ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Councils and the City Clerk shall certify to the passage hereof and cause the same to be published once, within fifteen days after passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 29th day of November 1974. AYES: Councilmen Beirich, Field, Schlecht and Mayor Foster NOES: None ABSENT: Councilman Garcia ATTEST'-.-" CI ' SPRINGS, CALIFORNIA Aeputy City Clerk Mayor REVIEWED AND APPROVED 4 b I HEREBY CERTIFY that the foregoing Ordinance 980 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 29th day of November, 1974, and that same was pub- lished in THE DESERT SUN, a newspaper of general circulation on December 6, 1974. DONALD A. BLUBAUGH City Cleric �_.,' BY: SUDITH SUMICH Deputy City Clerk I 21, ORDINANCE NO. 981 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND TILE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTTON 1. That an amendment to the Contract between the City Council of the City of Palm Springs, and the Board of Administration, California Public Employees' Retirement- System is hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A," and by such reference made a part heron as though herein set out in full. SECTION 2. The Mayor of the '-;ity of Palm Springs is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. SECTION 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Springs and thenceforth and thereafter the same shall be in full force and effect. ADOPTED this 29_h day of T,.ovembee , 1974. AYES: Coutcilmean 3eir_c'n, :Meld, Schlecht and Mlayor Fostar NOES: tdone ABSENT: Councilman Garcia ATTEST: CIT/Y� OF PA SPRINGS, CALIFORNIA 17 '< Deputy City Clerk Mayor REVIEWED & APPROVED: G H EXHIBIT A ARENDMENT TO CONTRACT BET EEN T110 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board and the CITY COUNCIL of the CITY OF PALM SPRINGS, hereinafter referred to as Public ,Agency, having entered into a contract under date of December 3, 1956, effective January 1, 1957, as amended effective July 14, 1965 and January 11, 1973, and as provided by Chapters 170 and 316, Statutes of 1971, which provide for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective January 1, 1957, and are hereby replaced by the following pares- graphs numbered 1 through 8 inclusive: 1. All words and terms used herein which are defined in the Public Employ- ees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal .retirement age" shall mean age 60 for miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in ,. Public Employees' Retirement System from and after January 1, 19jt; malting its employees as here- inafter provided, members of said System subject to all provisions of the Public Employees' Retirement law except. such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provision thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become men- bars of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local firemen (herein referred to as local safety members) ; b. Local policemen (herein referred to as local safety members) ; c. Employees other than local safety members (herein referred to as miscellaneous members). The following employees shall be excluded from membership in said Retirement System: NO ADDITIONAL EXCLUSIONS i i i Ret. Farm 702-1 2 a i ra Cp r;y h Ordinance 981 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member shall be that provided in Section 21251.13 of said Retirement law with all service prior to the termination of Social Security coverage subject to the reduction provided by said section. 5. The following additional provisions of the Public Employees' Retire- ment Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. The fraction of final compensation to be provided for each year of credited prior and current service as local safety members shall be that provided in Section 21252.01 of: said Retirement Law. b. Section. 21380-7 (providing for allowances for ma vivors of mis- cellaneous members covered under the program upon death before retirement). c. Section 21263 (providing upon death of local miscellaneous members and/or local safety members who retire for service or disability for the continuation of one-half the retirement allowance to certain survivors). 6. Public Agency shall contribute to said Retirement System as follows: a. With respect to miscellaneous members, the public agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said System: (1) 0.31 percent until Jung 30, 2100 on account of tha liability for prior service benefits. (2) 9.42 percent on account of the liability for current service benefits. (3) 1.00 percent on account of the liability for the 1959 Sur- vivors program. b. With respect to local safety members, the public agency shall con- tribute the following percentages of monthly salaries earned as local safety members of said System: (1) 0.978 percent until June 30, 2004. on account of the liability for prior service benefits. (2) 21.502 percent on account of the liability for current service benefits. c. A reasonable amount per =- um, as fixed by Board to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or the period- ical. investigation and valuation required by law. Pet. Form 702-2 2 a t i d. A reasonable amount as fixed by the Board, payable in one install- ment as the occasions arise, to cover costs of special valuations on account of employees of Public Agency, and costs of the period- I ical investigation and valuation required by law. i \ 7. Contributions required by Public Agency and its employees shall be sub- ject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System, as determined by the periodical investigation and valuation required by said Retirement Law. S. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions .refer. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent reriittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. B. 'Phis amendment shall be attached to said contract and shall be effective on the lst day of January, 1975 Witness our hands this day of BOARD OF ADVINISTEATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF PALtd SPRINGS BY _ _ BY William E. Payne, Executive Officer Presiding Officer Attest: Clerk EERE31 CERTIFY that the foregoing Ordinance 981 was duly adopted by the City Council o2 the City of Palm Springs, California, in a meeting L-hereof held on the 29th day of 4ovember, 1974, and that same was published in TD' DESERT SUN, a newspaper of general circulation on December 6, 1974. DOULLD L. KFA&GH City Clerk By JCD1T a SUNiTCR ' Deputy City Clerk Rot. Form 702-3 2 a i ' ORDINANCE NO. 982 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 15. 14 TO THE PALM SPRINGS MUNICIPAL ' CODE RELATING TO THE REQUIRED USE OF SEWERS. -------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. A new chapter, to be numbered 15. 14 is hereby added to the Palm Springs Municipal Code, to read as fol- lows : Chapter 15. 14 REQUIRED USE OF SEWERS 15. 14. 010 Sewers required for new construc- tion. (a) No person shall construct a building without connecting such building to a public sewer, unless an exemption is granted by this chapter, the city manager or the city council. (b) Exemptionils. (1) Budings constructed without plumbing and thereafter utilizing no plumbing are exempt. ' (2) An exemption may be granted by the city manager in any case where the development involves a single family dwelling on a lot of record and the dis- tance from the lot line to the public sewer is greater than 500 feet. Although such an exemption be granted, the maximum residential connection fee Shall be paid prior to the issuance of a building permit,. A condi- tion of the permit shall be the recording of a covenant running with the land that within one (1) year after official notice that an operating public sewer has been completed within 500 feet of the permittee ' s lot line, permittee will extend and connect to the opera- ting public sewer. (3) An exemption maybe granted by the city council in any case (in the sole judgment of the council) where unusual topographical or other terrain conditions exist which make the connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system. It shall be the responsibility of the applicant for such exemption to, provide to the city council such data or proof as the council deems necessary, including but not limited to, engineeering cost estimates I and feasibility reports, to substantiate any such appli- cation. (4) Any exemption granted under the pro- visions of this section shall require that the exempt building shall be properly and adequately sewered with a private sewer system designed, constructed and installed to standards approved by the city engineer. 3 a Ordinance No. 982 Page 2 15. 14. 020 Connection of existing buildings . (a) All buildings existing, or for which a building permit has been I issued, before January 1, 1975, with plumbing of any kind shall be connected to a public sewer on or before Decem- ber 31 , 1983 unless an exemption is granted by this chapter or by the city council. (b) Exemptions. (1) Buildings constructed without plumbing and thereafter utilising no plumbing are exempt. (2 ) An exemption may be granted by the city council in any case (in the sole judgment of the council) as to an existing building where unusual topographical or other terrain conditions exist which make the connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system. It shall be the responsibility of the applicant for such exemption to provide to the city council such data or proof as the council deems necessary, including, but not limited to, engineering cost estimates and feasibility reports to substantiate any such applica- tion. (3) Any exemption granted under the provisions of this section shall require that the exempt building shall be properly and adequately sewered with a private sewer system designed, constructed, and installed to stand- I ards approved by the city engineer. 15. 14. 030 Issuance of permit. Except as otherwise provided in this chapter, no permit, approval or entitle- ment shall be issued for the construction of any building on any lot or any parcel of land unless the plans and specifications show connection (s) to a public sewer, and the permit, approval or entitlement so requires. 15. 14. 040 Unlawful to occupy. It shall be unlawful to occupy or use any building not connected to a sewer as required by this chapter. ADOPTED this 4th day of December , 1974. AYES: Councilmen Beirich, Field, Schlecht and Mayor Foster NOES: None ABSENT: Councilman Garcia ATTEST: CITY OF PALM SPRINGS , CALIFORNIA BY _ ,�� — _ 1 �I �� /t Deputy City Clerk Mayor I REVIEWED AND APPROVED I HEREBY CERTIFY that the foregoing Ordina e 982 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 4th day of December, 1974, and that same was published in THE DESERT SUN, a newspaper of general circulation on December 10, 1974. DONALD A. BLUBAUGH City Clerk I 3 a �T,B SUDI' H SUMI H -- _.Deputy City Clerk