HomeMy WebLinkAbout1/1/1977 - ORDINANCES 404
ORDINANCE NO. 1039
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTION
5. 38.080 OF THE PALM SPRINGS MUNICIPAL
CODE BY REVISING REQUIRED PERMIT CONDI-
TIONS RELATING TO INSURANCE POLICY
LIMITS FOR ATTENDANT PARKING INVOLVING
PUBLIC PROPERTY, AND REQUIRING THAT THE
CITY BE NAMED AS AN, ADDITIONAL INSURED.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA,
DOES ORDAIN AS FOLLOWS :
SECTION 1. Section 5. 38.080 of the Palm Springs Municipal
Code is hereby amended to read as follows :
5 . 38.080 Permits--Issuance with conditions.
The issuance of any permit pursuant to this chapter
shall , if appropriate , have conditions attached there-
to adequate to meet the public purposes referred to in
Sections 5 . 38. 070 , and the city manager or his designee
shall have discretionary authority to prescribe any
such necessary or appropriate conditions. All permits
shall contain: (1) a condition that the permittee
carry insurance against liability for injuries to
persons or property in amounts of at least five hundred
I thousand dollars per incident, with at least twenty-
five thousand dollars property damage coverage, (2) a
condition that the city shall be named as an additional
insured in the policy of liability insurance issued to
the permittee, and (3) a condition that the policy of
liability insurance issued to the permittee shall con-
tain provisions that such policy shall be considered
primary to any other insurance as it relates to the
city's liability for such operations.
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 news-
paper of general circulation, printed, published and circulated
in the City of Palm Springs , California.
ADOPTED this 19th day of January , 1977.
AYES : Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster
NOES : None
ABSENT: None
ATTES CIT SPRINGS, CALIFORNIA
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:k
ZDiLIputy City Clerk Mayor
REVIEWED & APPROVED e ll
4it
I HEREBY CERTIFY that the foregoing Ordinance 1039 was duly adopted
by the City Council of the City of Palm Springs, California, in a
I meeting thereof held on the 19th day of January, 1977, and that same
was published in THE DESERT SUN, a newspaper of general circulation,
on January 26, 1977.
DONALD A. BLUBAUGH
City Clerk
r
BY: JUDITH SUMICH
Deputy City Clerk
I
408
ORDINANCE NO. 1040
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING SECTION 2 . 06. 010 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING
TO APPOINTMENTS, TERMS AND VACANCIES ON
CITY BOARDS AND COMMISSIONS.
---------------
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS :
SECTION 1 . Section 2 .06 . 010 of the Palm Springs Municipal
Code is hereby amended to read as follows :
2 . 06 .010 General rules regarding appoint-
ments , terms , vacancies. Unless otherwise provided
by law, or by ordinance or resolution adopted after
the effective date hereof, or unless by the very
nature of a situation the provisions hereof may not
be made applicable , all members of boards and commis-
sions of the city shall be appointed for three-year
terms commencing on July lst of the year of appoint-
ment; provided that interim vacancies shall be filled
by appointment for the unexpired term of the member
replaced. Any member may be removed from office at
any time, with or without cause , by a majority vote
of the city council , except in cases where the mayor
or city council are not the appointing authority (in
which cases such regular appointing authority may
exercise this power of removal) . If a member absents
himself without advance permission of the board or
commission or of his appointing authority, from
three consecutive regular meetings or from twenty-
five percent of the duly scheduled meetings of the
board or commission within any fiscal year, his
office shall thereupon become vacant and shall be
filled as any other vacancy. Except in cases where
the mayor or city council are not the appointing
authority, no person shall be appointed to and serve
substantially more than two full terms upon any board
or commission.
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 2nd day of February , 1977.
AYES : Councilmembers Beadling, Beirich, Doyle, Field and Mayor Foster
NOES : None
ABSENT: None
Bu` CITT/O M SPRINGS, CALIFORNIA
�+ eputy City Clerk �JG Mayor
REVIEWED & APPROVED /�� 4 b
4l0
I HEREBY CERTIFY that the foregoing Ordinance 1040 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the Ind day of February, 1977, and that same was published in THE
I DESERT SUN, a newspaper of general circulation on February 8, 1977.
DONALD A. BLUMUGH
City Clerk
Y. JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 1041
AN ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, REPEALING ORDI-
NANCE NO. 858 (AS AMENDED) RELATING
TO THE PREVIOUSLY EXISTING TAXI AND
AIRPORT TRANSPORTATION FRANCHISE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION 1. Ordinance No. 858 (as amended by Ordinance No.
964) of the City of Palm Springs (originally codified as
Article 29 .12 of the former "Palm Springs Ordinance Code")
relating to the previously existing Taxi and Airport Transporta-
tion franchise, is herebv repealed.
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.
I ADOPTED this 2nd day of February , 1977.
AYES : Councilmembers Beadling, Beirich, Doyle, field and Mayor Foster
NOES : None
ABSENT: None
AP9IEIS.T" CIT M SPRINGS, CALIFORNIA
K
Deputy City Clerk Mayor
REVIEWED & APPROVED11Q
I HEREBY CERTIFY that the foregoing Ordinance 1041 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 2nd day of February, 1977, and that same was published in THE
DESERT SUN, a newspaper of general circulation on February 8, 1977.
DONALD A. BLUBAUGH
'ty Clerk
I Y: JUDITH SUMICH
su� Deputy City Clerk
8 b
ORDINANCE NO. 104.2
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING A PLANNED DEVELOPMENT DISTRICT
FOR MEDICAL AND DENTAL OFFICES ON THE
SOUTH SIDE OF TACHEVAH DRIVE BETWEEN
AVENIDA OLIVOS AND AVENIDA PALOS VERDES,
SECTION 11 .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1 . Pursuant to Section 9406.00 B.f.d. of the Palm Springs
Zoning Ordinance, the official zoning map of the City of Palm Springs
referred to therein is hereby amended as follows:
Planned Development District in lieu of zone change:
The Parcel of property legally shown on the attached
Exhibit "A" is approved as Planned Development District
No. 57, specifically for medical and or dental office
use in accordance with the appproved preliminary plot
plan on file with the Department of Community Develop-
ment.
I ADOPTED this 2nd day of February , 19T 7.
eir
AYES: Councilmembers Beadling, Bich, Doyle, Field and Mayor Foster
NOES: None
ABSENT: None
TT: CITQ.F'J� LM PRINGS, CALIFORNIA
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puty City Clerkmayor
REVIEWED & APPROVED )kM
I HEREBY CERTIFY that the foregoing Ordinance 1042 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 2nd day of February, 1977, and that same was published in THE
DESERT SUN, a newspaper of general circulation on February 8, 1977.
DONALD A. BLUBAUGH
City Clerk
t
BY: JUDITII SUMICH
Deputy City Clerk
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CITY OF PALM SPRINGS
CASE NO. 5.926-PB-57 , APPROVED 8Y PLAN, COMM. DATE
APPLICANT P.S. Professional Arts Center APPROVED BY COUNCIL DATE
REMARKS ORD. NO. RESOL. 140.
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ORDINANCE NO. 1043
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, ADDING CHAPTER 11.13 TO THE
PALM SPRINGS MUNICIPAL CODE RELATING TO
I A PERMIT SYSTEM TO ALLOW CERTAIN BINGO
GAMES PERMISSIBLE UNDER STATE LAW.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORI4IA DOES
ORDAIN AS FOLLOWS .-
SECTION 1 . A new chapter, to be numbered 11 .13 is hereby added
to the Palm Springs Municipal Code, to read as follows :
Chapter 11 .13
BINGO PERMITS
11.13 .010 Purpose . The purpose of this chapter
is to provide for the issuance of permits under which
certain bingo games may be allowed which would other-
wise be unlawful under State law. This chapter is
enacted pursuant to the authority of Section 19 of
Article IV of the State Constitution and Section 326 .5
of the Penal Code . The provisions herein shall be con-
strued strictly in accordance with said authority, and
in the event of any apparent conflict or inconsistency,
the provisions in this chapter shall be given only such
interpretation as will render them compatible with
Penal Code section 326 . 5 and other applicable provisions
of State law.
11 .13.020 Definitions . For the purposes of this
chapter, certain words and phrases used herein are de-
fined as follows :
(1) "Bingo" is defined in Penal Code Section 326 . 5
as meaning a game of chance in which prizes are awarded
on the basis of designated numbers or symbols on a card
which conform to numbers or symbols selected at random.
(2) "Nonprofit organization" means an organiza-
tion within the purview of Penal Code Section 326. 5 ,
which is an organization exempted from the payment of the
bank and corporation tax by Section 23701d of the Revenue
and Taxation Code and a contribution or gift to which
would be a charitable contribution under Section 170 (c) (2)
of the Internal Revenue Code of 1954 .
(3) "Minors" are all persons under 18 years of
age , as specified in Civil Code Section 25.
11 .13 .030 Permits--Issued by city manager. Pursuant
to and in accordance with the provisions of this chapter,
the city manager may issue permits to nonprofit organiza-
tions to conduct bingo games .
11.13. 040 Inapplicability of chapter 11.12 .. The
provisions of chapter 11 .12 of this code relating to pro-
hibition of gambling games not otherwise prohibited under
State law shall not be deemed applicable to any bingo games
conducted under valid permits issued under this chapter.
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Ord. No. 1043
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11.13. 050 Permit fees. Each applicant for a permit under
this chapter or for permit renewal and each person filing any ap-
peal pursuant to provisions of this chapter, shall pay at the time
of filing the application or appeal a processing fee or fees in an
amount or amounts as may have been established by resolution of the
city council. The permit fee is not refundable in the event the appli-
cant isdetermined not to qualify for a license, and an appeal fee is
not refundable unless expressly otherwise ordered by the city council.
11 .13. 060 Applications for permits,. (a) Applications for bingo
permits shall be written, signed and verified under penalty of per-
jury, and shall be filed with the city manager in such form as the
city manager shall prescribe. Each application for permit or renewal
shall contain at least the following information and showings :
(1) The name and address of applicant;
(2) The dates, hours, and location where the bingo games will be operated;
(3) The name or names of the person or persons who will have the manage-
ment or supervision of said games;
(4) Whether food and beverages will be available;
(5) Such other reasonable information as the city manager may require as
to the identity or character of the applicant, manager, and hers of applicant
who will operate said games;
(6) A copy of the tax exempt status determination issued by the State Franchise
Tax Hoard to the applicant organization showing that the applicant organization is
exempt under the provisions of Section 23701(d) of the Califoraia Revenue and Taxation
Code, and that such emotion still exists at the time of application submittal;
(7) A copy of appropriate written confirmation from the Internal Revenue
Service that the applicant organization is one a contribution or gift to which would
be a charitable contribution under Section 170(c) (2) of the Internal Revenue Code
of 1954;
(8) Proof that the applicant organizaticn owns or leases the property on
which the bingo games are to be held and that such property is used by such organi-
zation as an office or for other purposes for which the organization is organized,
and, that such property was not acquired solely to accommodate bingo games.
(b) No application for a permit renewal shall be accepted unless ,
in addition to the above information , there is also submitted there-
with a full and accurate accounting record, certified under penalty of
perjury by the permittee 's accountant or a member of permittee 's
management deemed by the city manager to be authorized and appropriate
to make such certification, setting forth in detail the income and
expenses received and disbursed in connection with the permittee' s
operation, conduct, promotion, supervision and any other phase of
bingo game activities carried on under the existing or preceding
permit. Such a certified accounting record may also be required by
the city manager in cases where the application is not for a "renewal"
but is for a new permit to be issued to an applicant organization
which at any previous time held a permit issued under this chapter.
11 .13.070 Investigation. Upon receipt of an application
the city manager shall conduct or cause to be conducted whatever
investigation is deemed necessary to assure the city manager that
activities under the permit will probably comply in all respects with
the requirements set forth in Penal Code Section 326. 5 and with local
standard permit conditions , and with whatever other conditions the
city manager deems necessary or desirable to protect the public peace ,
health, safety and welfare and to assure compliance with all laws ,
State and local.
41�)
Ord. No. 1043
Page 3
11.13. 080 Permits--Issuance--Denial. (a) Permits
as applied for shall be issued by the city manager pro-
vided it appears that all requirements of Penal Code
Section 326. 5 and of this chapter and of the standards,
rules and regulations, (including special conditions
which will be attached to the permit) , applicable pursuant
to this chapter and other ordinances and laws , have been,
and will appropriately be , met fully by the applicant.
(b) A permit shall be denied if the character,
reputation or moral integrity of the applicant organi-
zation' s personnel (management or otherwise) is
determined by the city manager to be inimical or detri-
mental to the safety or general welfare of the community,
or if the applicant falsifies any information in the
permit application or omits any information required
therein. A permit denial shall, however, be made only
after opportunity has been granted to the applicant for
a due process hearing before the city manager, after at
least ten days ' notice to said applicant, setting forth
a statement of the proposed grounds for denial of the
permit, and stating the time and place such hearing will
be held.
(c) No permit shall be issued for the conducting of
any bingo game or games by the City of Palm Springs or any
department or agency thereof, or for such games to be con-
ducted upon any premises owned, held or controlled by the
City.
11.13. 090 Permits--Conditions by State law. All
permits issued hereunder to allow bingo games shall be
subject to the following conditions as mandated by Penal
Code Section 326 .5:
(1) Bingo games are allowed only when they are
for the benefit of organizations exempted from the pay-
ment of the bank and corporation tax by Section 23701d
of the Revenue and Taxation Code and a contribution or
gift to which would be a charitable contribution under
Section 170 (c) (2) of the Internal Revenue Code of 1954 .
(2) No person is to receive a profit, wage, or
salary from any authorized bingo game.
(3) No minors shall be allowed to participate in
any bingo game.
(4) A nonprofit organization shall conduct a bingo
game only on property owned or leased by it, and which
property is used by such organization for an office or for
performance of the purposes for which the organization is
organized. Premises used solely for purposes of conduct-
ing bingo games are not qualified therefor.
(5) All bingo games shall be open to the public,
not just to the members of the nonprofit organization.
(6) A bingo game shall be operated and staffed only
by members of the nonprofit organization which organized
it. Such members shall not receive a profit, wage , or
salary from any bingo game. Only the organization
authorized to conduct a bingo game shall operate such
game, or participate in the promotion, supervision or
any other phase of such game.
(7) No individual, corporation , partnership , or other
legal entity except the organization authorized to conduct
a bingo game shall hold a financial interest in the conduct
of such bingo game.
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Ord. No. 1043 1 c 4
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(8) All profits derived from a bingo game shall be kept
in a special fund or account and shall not be commingled with
any other fund or account.
(9) No person shall be allowed to participate in a bingo
game, unless the person is physically present at the time and
place in which the bingo game is being conducted.
(10) The total value of prizes awarded during the conduct
of any bingo games shall not exceed two hundred fifty dollars f
($250) in cash or kind, or both, for each separate game which 1
is held.
11 . 13.100 Permits--Local standard conditions . All per-
mits issued pursuant to provisions of this chapter shall be
subject to the following. additional special conditions :
(1) Bingo games shall be conducted only between the hours
of 12 :00 noon and 11 :00 p.m. , and for not more than four (4) hours
on any single day.
(2) Bingo games shall not be conducted, by any organization
authorized to do so, for more than five (5) days in any calendar
month.
(3) Any peace officer or official city inspector shall have
free access to any bingo game allowed under this chapter. The
permittee shall have the bingo permit and lists of approved
staff available for inspection at all times during periods in
which bingo games are conducted.
(4) The maximum charge per bingo card shall be twenty-five
cents (25G) per game , and no person shall be permitted to play
more than four (4) cards per game.
(5) The permittee shall own the gaming equipment necessary
to conduct the bingo games, and no such equipment shall be rented
or leased. The permittee shall at all times during periods in
which bingo games are conducted, display proof of ownership of
such equipment to any city peace officer or official inspector,
upon request.
(6) No person who is obviously intoxicated shall be allowed
to participate in a bingo game.
(7) No alcoholic beverages shall be consumed, sold, given
away , served or delivered to any person within the building (or
portion thereof) occupied by the permittee at the time of the
games, during the period of time between the commencement and
ending of bingo games , except while such games are suspended for
not less than one hour for meal purposes or the like .
(8) Premises for which any bingo permit is issued shall
qualify for the public assembly numbers of people anticipated,
under applicable provisions of zoning, fire, parking and occupancy
ordinances and other laws and regulations.
(9) Notwithstanding that bingo games are open to the public ,
attendance at any bingo game shall be limited to the occupancy
capacity of the room in which such game is conducted as determined
by the Fire Department and building inspection division of the city
in accordance with applicable laws and regulations.
(10) A permittee shall not reserve. seats or space for any per-
sons , except as might be necessary for the reasonable accommodation
of handicapped or infirm persons on a non-discriminatory basis.
(11) The permittee shall display the permit in a conspicuous
place in the premises where the bingo games are conducted.
(12) Not less than forty percent (40%) of the gross receipts
from bingo games conducted during any clay shall be retained for
expenditure for strictly charitable purposes , and shall not be dis-
bursed for any expenses or charges related to bingo.
(13) The permittee shall submit periodic accounting reports
at such times and frequencies as is specified by the city manager
at the time of permit issuance, in the form and containing the in-
formation as specified in subsection (b) of section 11. 13. 060 above ,
and such other information as is necessary for the city manager to
ascertain whether the permittee is complying with subsection (12) of
this section.
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Ord. No. 1043
Page 5
11.13 . 110 Permits--Additional special conditions. The
issuance of any bingo permit pursuant to this chapter shall, if
appropriate , have additional special conditions attached thereto
which are deemed by the city manager to be necessary to
implement the purposes of this chapter and of Penal Code
Section 326 .5, and to assure compliance with the provisions
of said chapter and section , and to protect the public
peace , health, safety and welfare from foreseeable adverse
effects which might otherwise result from any of the
activities sanctioned by the permit, and the city manager
shall have discretionary authority to prescribe any such
necessary or appropriate conditions . The permittee
(applicant) shall have the right to a due process hearing
before the city manager, if such hearing is duly requested,
in order to protest, or to propose modification of any such
additional special condition existing or proposed.
11 .13.120 Permits--Term, situs , transferability.
The term of a bingo permit shall be six months (unless
a lesser term has been applied for) and a permit may be
renewed for a like period any time within one year
from its date of issuance , upon due application there-
for. Each permit issued hereunder shall be issued to a
specified nonprofit organization to conduct bingo games
at a specific location and shall in no event be trans-
ferable from one organization to another nor from one
location to another.
I 11 .13.130 Revocation or modification of permits.
(a) Any permit granted pursuant to the provisions of this
chapter may, after the permittee has been afforded the
opportunity of a due process hearing as hereafter stated,
be revoked, suspended or modified by the city manager for
any of the following grounds or reasons:
(1) There has been a violation of or a failure to
comply with any condition attached to the permit or any
provision or regulation mentioned in this chapter or any
other rule or regulation or law specially applicable to
the permitted activities;
(2) The character or moral integrity of the permittee
or permittee 's personnel is determined inimical to the
public safety or general welfare of the community;
(3) There was given any false or fictitious informa-
tion in connection with the application for and obtaining
of the permit;
(4) Any one of the permittee 's personnel (management
or otherwise) has committed any fraudulent, false, deceptive
or dangerous act in connection with, or while conducting,
any permitted bingo game;
(5) The permittee or any of its personnel has con-
ducted any bingo game in a manner contrary to the peace,
health, safety or general welfare of the public;
1 (6) The permittee or any of its personnel have, in I -
connection with activities allowed by the permit, failed
to comply with any law or regulation in any of the follow-
ing fields , to wit: zoning, building codes , off-street
parking requirements , controls related to public assemblies ,
health regulations , or local and State fire regulations;
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Ord. No. 1043
Page 6
(7) Any activities done under or occurring incidental
to the permit have interfered or tended to interfere with
the normal flow of vehicular or pedestrian traffic on any
public right-of-way;
(8) Any activities done under or occurring incidental
to the permit have unduly and unreasonably interfered with
or adversely affected any private property owner' s or resi-
dent' s rights to peaceful and unmolested enjoyment of his
private premises.
(9) The permittee or any of its personnel have failed
to comply with provisions of the city ' s sign ordinance , or
with conditions attached to the permit relating to sign
control;
(10) Any other reason exists for which the permit might
have been lawfully denied in the first instance, or that for
any reason the continued operations under the permit will be
inimical to the public safety or general welfare of the
community.
11 .13.140 Procedure for revocation, etc. (a) A revoca-
tion, suspension or modification as referred to in the
preceding section shall be made only after opportunity has
been granted to the permittee for a due process hearing before
the city manager, after ten days ' notice to said permittee,
setting forth the nature and grounds of complaint against it
and stating the time and place such hearing will be held.
(b) Upon failure of the permittee to respond to the
opportunity for hearing after receiving notice of such hear-
ing, the permit may be suspended or revoked, or may be
modified in such particulars as are deemed necessary in the
public interest, and any such suspension, revocation or
modification shall be effective .upon notice or knowledge there-
of being received by any of the permittee 's local management
personnel , orally or in writing. Any such order of suspension,
revocation or modification shall also be effective as to any
employee or agent of the permittee, which employee or agent
has been notified orally or in writing of the substance of the
order.
(c) Any such revocation or modification of any permit may
be in addition to any penalties otherwise provided for by law.
11 .13. 150 Appeals. Any person aggrieved by, dissatisfied
with, or excepting to any action , denial , order, requirement,
condition, permit, decision or determination made by the city
manager in administering the provisions of this chapter may
appeal by filing written notice specifying the grounds of
appeal and the relief sought, with the city clerk within ten
days after notice of the action from which appealed. Upon any
failure to file such written appeal within the time herein
allowed, the action of the city manager shall be final and
conclusive . A timely appeal shall be reviewed by the city I
manager, and unless an adjustment of the: matter is made by the
city manager satisfactory to the appellant, the appeal shall be
expeditiously scheduled for hearing before the city council ,
which body at the conclusion of its consideration may affirm,
reverse or modify the action appealed from and may take any
action which might have been legally taken in the first in-
stance by the city manager.
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Ord. No. 1043
Page 7
I 11 .13.160 Permit renewal--Effect of other pending
proceedings. In the event a renewal application is filed
during the pendency of a proceeding to suspend or revoke
the permit, such filing shall continue such permit in full
force and effect until the making of the final order by
the city manager terminating proceedings . Failure of
the city manager to revoke, suspend, limit, or condition
the permit shall have the effect of granting the renewal .
The application for renewal shall become a part of the
pending proceeding and be subject to all evidence which
has been or is thereafter presented. No further notice
to the applicant is required and the city manager is
authorized to consider and take action upon such
application in accordance with this chapter.
11.13.170 Alternate to city manager. In connection
with any function vested by this chapter in the city
manager, should the city manager in a particular case be
disqualified to act, then the chief of police shall per-
form all functions and exercise all authority under this
chapter otherwise vested in the city manager. Should both
such officers simultaneously be so disqualified, then the
city council shall designate another city officer to act
in the particular case .
1 11.13. 180 Permit ineffective while conditions not
observed. Any permit issued pursuant to this chapter
shall , during its term, be deemed in effect so as to
validate bingo games thereunder (which would otherwise
be unlawful under State law) only throughout periods of
time during which the permittee and its personnel are
fully complying with all permit conditions as referred to,
and/or authorized in or by sections 11.13. 090 , 11 .13.100
and 11 .13.110 of this chapter. If any such permit condi-
tions are being violated or not complied with, then the
State laws regarding bingo games shall be deemed fully
applicable to the permittee and its personnel managing,
supervising or conducting the bingo games, to the same
extent as if no permit had ever been issued. Provided,
however, that members of the public who are participating
in the bingo games not as personnel of the permittee,
which members of the public have no knowledge or reason
to know, of the aforesaid violations of or noncompliance
with the permit conditions, shall be deemed to be
participating in games for which a permit is in full
force and effect, so long as a permit is conspicuously
displayed upon the premises in accordance withsubsection (11)
of section 11 .13.100 of this chapter.
I 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
1 c 7
I c 8
Ord. No. 1043
Page 8
newspaper of general circulation, printed, published and cir-
culated in the City of Palm Springs , California.
ADOPTED this 2nd_ day of March 1 , 1977.
AYES : Councilmembers Doyle, Field and Mayor Beirich
NOES : Councilmembers Beadling and Foster
ABSENT:None
ATTE CITY ALM�S� 2�I1 GS, ALIF04
BY
De uty City Clerk Ma
REVIEWED AND APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1043 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 2nd day of March, 1977, and that same was published in THE DESERT
SUN, a newspaper of general circulation on March 7, 1977.
DONALD A. BLUBAUGH
Gity Clerk
J\ c I
BY: JUDITH SUMICH
Deputy City Clerk
I
ORDINANCE NO. 1044
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
APPROVING A PLANNED DEVELOPMENT DISTRICT
FOR A DENTAL FACILITY ON THE SOUTHERLY
150 FEET OF A PARCEL OF PROPERTY LOCATED
ON THE SOUTHWEST CORNER OF VISTA CHINO
AND SUNRISE WAY, SECTION 11.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. Pursuant to Section 9406.00 B.f.d. of the Palm Springs
Zoning Ordinance, the official zoning map of the City of Palm Springs
referred to therein is hereby amended as follows:
Planned Development District in lieu of zone change:
The Parcel of property legally shown on the attached
Exhibit "A" is approved as Planned Development District
No. 70, specifically for a dental complex use in
accordance with the approved preliminary plot plan on
file with the Department of Community Development.
ADOPTED this 16th day of March , 1977.
I AYES: Councilmembers Beadling, Doyle, and Field
NOES: None
ABSENT: Councilmember Foster
ABSTAIN: GMayor'Beirich
T• N CITY OF PALM SPRINGS, CALIFORNIA
d'
Bye,..
/Deputy City Clerk Q Mayor
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1044 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 16th day of March, 1977, and that same
was published in THE DESERT SUN, a newspaper of general circulation
on March 23, 1977.
DONALD A. BLUBAUGH
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
2 a 2
EXHIBIT "A" I
R-I-C
VISTA CHINO
MEDICAL
CLINIC
P a � R- I-B
3
GR- 5
50'
P. D.
67 w
co
Fr
SUBJECT z
PROPERTY U)
625' i
N GR -5 aa'
R-2
i
CITY OF PALM SPRINGS
CASE NO. 5.982 APPROVED BY PLAN, COMM. DATE
APPLICANT clinic ervice Gorpora APPROVED BY COUNCIL DATE
REMARKS PLAN14ED-DEVELOPMENT DISTRICT 70 ORD. 00. RESOL. NO. I
J�
ORDINANCE NO. 1045
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING
A PLANNED DEVELOPMENT DISTRICT FOR PROFESSIONAL
OFFICE, RECREAT ON AND RESIDENTIAL PURPOSES FOR
A PARCEL OF PROVERTY LOCATED ON THE EAST SIDE OF
FARRELL DRIVE BETWEEN TAHQUITZ-McCALLUM WAY AND
BARISTO ROAD, SECTION 13.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN,
AS FOLLOWS:
SECTION 1 . Pursuant to Section 9406.B.f.d. of the Palm Springs Zoning
Ordinance, the official zoning map of the City referred to therein is
hereby amended as follows:
Planned Development District in lieu of a Change of Zone;
The parcel of property legally shown on the attached Exhibit "A" is
approved as Planned Development District Number 71 , specifically for
professional office, recreation, and residential use in accordance
with the approved preliminary plot plan and conditions attached therewith
on file with the Department of Community Development
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.
ADOPTED this 6th day of May 1977.
AYES: Councilmembers Beadling, Doyle, Foster and Mayor Beirich
NOES: None
ABSENT: Councilmember Field
ATTEST: CITY OF ,PALM SPRINGS, CALIFORNIA
CBy — v —
,� Deputy City Clerk Mayor-,
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1045 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof held
on the 4th day of May, 1977, and that same was published in THE DESERT SUN,
a newspaper of general circulation on May 9, 1977.
DONALD A. BLUBAUGH
City Clerk
Q
k- BY: IUDITH SUMICH
Deputy City Clerk
lac
EXHIBIT "A"
TAHOUITZ MCCALLUM WAY
0
rc
sV6 Escl
J
J
W
Q U
LL j
U
BARISTO RD.
1 a 5
CITY OF PALM SPRINGS
CASE NO. 5.986-PD-71 AM IW SY PLAN, COMM. DATE
APPLICANT Affiliated Pro erties Ail ., W SV COOCIL DATE
R#ItikAlq�i 0*O, I, MSOL. NO.
!3 .-
4
ORDINANCE NO. 1046
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING SECTIONS 12 . 36.020 ,
' 12 . 36 .100, 12 . 36 . 105 , 12 . 40.020 . AND
12 . 40.090 AND REPEALING SECTIONS 12 .40 . 030 ,
12 . 40 . 040 , 12. 40 . 050 , 12 . 40. 060 , 12 . 40 . 070 ,
12. 40 .080 AND 12 . 40 .100 OF THE PALM SPRINGS
MUNICIPAL CODE REGULATING METER PARKING AND
PROHIBITED DRIVING, STOPPING AND PARKING
AREAS AT MUNICIPAL AIRPORT LOT NO. 3, AND
AUTHORIZING REMOVAL OF UNAUTHORIZED VEHICLES.
---------------
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Sections 12. 36 . 020 , 12 . 36. 100 , 12 . 36 . 105 , 12 . 40 .020 ,
and 12 . 40 .090 of the Palm Springs Municipal Code are hereby
amended to read as follows :
12. 36 .020 Parking meter zones designated. The
following areas within this city are established as
parking meter zones :
(1) ZONE 2 (5-hour zone) : MUNICIPAL LOT NO. 2 -
241 North Indian Avenue;
(2) ZONE 1 (1-hour zone) : MUNICIPAL LOT NO. 3 -
that area designated on the Exhibit attached to Ordi-
nance 834"as "Metered Parking Area of Municipal Lot
No. 3," "and incorporated herein"by this reference; and
as authorized by Chapter 12 . 40 .
12 . 36 .100 Adjustment of meters -- Municipal Lot
No. 2. The parking meters installed in the Municipal
Parking Lot No. 2 shall be so adjusted as to provide ,
and likewise to indicate on the face or dial of the
parking meter, legal parking at the rate of one hour
for each United States quarter or nickels and dimes
equaling one quarter; legal parking thereafter and up
to the time limit indicated on the meter is permitted
upon deposit of one United States quarter or United
States nickels or combination of United States quarter
or United States nickels and dimes equaling one quarter
for each hour.
12. 36 .105 Adjustment of meters -- Municipal
Parking Lot No. 3. The parking meters installed in
Municipal Airport Lot No. 3 shall be so adjusted as
to provide , and likewise to indicate on the face or
dial of the parking meter, legal parking at the rate
of: one hour for each United States half-dollar or
I United States quarters Or any combination of United
States nickels and dimes equaling one half-dollar;
thirty minutes for each United States quarter or
United States nickels or any combination of United
States nickels and dimes equaling one quarter; ten
minutes for each United States dime or United States
nickels equaling one dime.
4 b 1
429
4 b 2
Ord. No. 1046
P age 2
12. 40.020 Meter parking. The area designated on
the Exhibit attached to Ordinance 834 as "Metered Park-
ing Area of Municipal Lot No. 3" shall conform to the '
provisions of Chapter 12 . 36 , and the maximum parking
time for any vehicle shall be one hour for such hours
and days as shall be prescribed by the city manager.
12 . 40 .090 Authority to remove unauthorized
vehicles . The Palm Springs police department is hereby
authorized to remove from Municipal Airport Lot No. 3
to the nearest garage or other place of safety, or to a
garage or other place of safety designated or maintained
by the police department any vehicle which has been
parked or left standing in violation of an official sign
prohibiting or regulating the stopping or parking of
vehicles and giving notice that such vehicles may be
removed.
SECTION 2. Sections 12 . 40 .030 , 12 . 40.040 , 12. 40 .050 , 12 . 40 . 060 ,
12 . 40 . 070 , 12 . 40. 080 and 12 . 40 . 100 of the Palm Springs Municipal
Code are hereby repealed.
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 news-
paper of general circulation, printed, published and circulated
in the City of Palm Springs , California.
ADOPTED this 19th day of May , 1977.
AYES: Councilmembers Beadling, Doyle, Foster and Mayor Beirich
NOES : None
ABSENT: Councilman Field
ATTE CITY OF PALM SPRINGS/ ALIFORNIA
By
D::�
!=
By 121z Mayq>s
REVIEWED AND APPROVED Id
I HEREBY CERTIFY that the foregoing Ordinance L046 was duly adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held on the
19th day of May, 1977, and that same was published in THE DESERT SUN, a newspaper
of general circulation on May 27, 1977.
DONALD A. BLUBAUGH I
City C1erl
BY. JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 1047
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE
CONTRACT BETWEEN THE CITY OF PALM SPRINGS
AND THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 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 hereof as though herein set out in full.
SECTION 2. The Mayor of the City of Palm Springs is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of
said Agency.
SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect 30 days
after the date of its adoption, and prior to the expiration of 5 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 Ist day of June 1977.
AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich
NOES: None
ABSENT: None
�7
ATTJ''S CITY A'k" 4�M SPRI GS� A, ORNIA
t4Duty City ClerkMa� ya -
���� /
REVIEWED & APPROVED
I'-
I HEREBY CERTIFY that the foregoing Ordinance 1047 was duly adopted by the
City Council of the City of Palm Springs, California, in a meeting thereof
held on the 1st day of June, 1977, and that same was published in THE DESERT
SUN, a newspaper of general circulation on June 9, 1977.
DONALD A. BLUBAUGH
City Clerk L
EY: JUDITH SUMICH���
Deputy City Clerk
6 b
6 a 2
43
AMENDMENT TO CONTRACT BET#IEI i THE
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREM W SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF PALM SPRINGS I
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 11 1957, as amended effective July 14, 1965, January 14,
1973, January 1, 1975 and September 5, 1976, which provide for participation of
Public Agency in said System, Board and Public Agency hereby agree as follows:
A. The following subparagraph shall be added to Paragraph 5 of said contract:
5(e) Section 21380-21388 (providing for allowances for survivors of
members covered under the 1959 Survivor's Program upon the member's
death before retirement) for local policemen only.
B. Paragraphs 6 (b) shall be stricken from said contract and the following
paragraph shall be substituted therefor:
6(b) With respect to local safety members, the agency shall contribute
the following percentages of monthly salaries earned as local safety
members of said System:
(1) 0.576 percent until June 30, 2000 on account of the liability
for prior service benefits.
(2) e4.904 percent on account of the liability for current service
benefits.
(). ;?Se
(3) t3-.508 percent on account of the benefits provided by the 1959
survivors program.
C. This amendment shall. be attached to said contract and shall be effective
on the daY 0
Witness our hands this day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF PALM SPRINGS
BY BY
Carl J. Blechinger, Executive Officer Presiding Officer
Approved as toQL�
form: Attest:
vLeg ce, rZato Cler Ret. Form 702
�1:3
ORDINANCE NO. 1048
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
REZONING FROM R-3 TO R-1-C CERTAIN PROPERTY
ON THE NORTHWEST CORNER OF ESCOBA DRIVE AND
EL CIELO ROAD, SECTION 24.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1 . Pursuant to Section 9100.03-6 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 Parcel of property legally shown on the attached
Exhibit "A" is rezoned from R-3 to R-1-C.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force
effect thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerl: is hereby ordered and directed
1 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 6th day of July 1977.
AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich
NOES: None
ABSENT: None
P- De!pZ�ty —Ci
CITY OFii�ALM SP .T S LIFORNIA
ty Clerk �pgayor
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1048 was duly adopted by
the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 6th day of July, 1977, and that same was published
in THE DESERT SUN, a newspaper of general circulation on July 13, 1977.
DONALD A. BLUBAUGH
I City Clerk
6D
BY: JUDITH SUMICH
Deputy City Clerk
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EXH1131T "A
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CITY OF PALM SPRINGS
CASE NO. _ APPROVED NV PLAN. COMM. DATE
APPLICANT APP OVED OY_ COUN_ CIL DATE
REMARKS ORD. 110. RESOL. NO.
4;
ORDINANCE NO. 1049
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 3.94.020 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING
TO BUSINESS LICENSE TAX RATES APPLICABLE
TO NEW- CONSTRUCTION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS. FOLLOWS:
SECTION 1. Section' 3.94.020 of the Palm Springs Municipal Code is hereby
amended to read as follows:
3_94.020 New construction taxed. (a) In addition to
any other fee or fees prescribed in this title, every person
constructing any new building or addition or trailer space in
the city shall pay to the city a sum appropriately computed as
follows:
(1) For each dwelling unit in a single-family,
condominium, apartment duplex, or multiple-dwelling structure,
or in a hotel or dormitory, twenty cents per square foot of
gross building area under roof, or two hundred seventy dollars
per each dwelling unit, whichever is the greater total sum;
(2) For each trailer space, two hundred seventy
dollars, with no additional sum for any directly accessory structure;
(3) For any other construction not falling within the
I definition of "dwelling unit" or "trailer space," or within subdivi-
sions (1) and (2) of this subsection, twenty cents per square foot of
gross building area under roof.
(b) Notwithstanding any of the foregoing provisions of this
section, no fee shall be payable on account of construction of an
addition to an existing single-family dwelling, which construction
does not exceed one thousand five hundred dollars in valuation.
SECTION 2. Notwithstanding any provision of this Ordinance, the revised tax
rates provided for herein shall not apply in connection with any construction
activity or building permit for which a bona fide and substantially complete
building permit application was on file on or before the date of adoption of
this Ordinance. As to such construction activities or permits, the tax rates
established by Ordinance No. 956 shall remain applicable.
SECTION 3. EFFECTIVE DATE AND PUBLICATION. This Ordinance, being an ordi-
nance relating to taxes for usual and current expenses of the City, shall
take effect immediately upon its passage. Before the expiration of fifteen
(15) days after its passage, this Ordinance shall be published once in THE
DESERT SUN, a newspaper of general circulation printed and published in the
City of Palm Springs.
ADOPTED this 20thday of July, 1977.
I AYES: Councilmen Beadling, Doyle, Field , Foster and Mayor Beirich
NOES: None
ABSENT:None
( / CITY M SP�RIZZ 7C/Ix/FOBNIA
Deputy City Clerk May t�,^
REVIEWED & APPROVED �`
2 c
43`
I HEREBY CERTIFY that the foregoing Ordinance 1049 was duly adopted
by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 20th day of July, 1977, and that same
was published in THE DESERT SUN, a newspaper of general circulation
on July 27, 1977.
DONALD A. BLUBAUGH
--City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
I
I
i
4. �
ORDINANCE NO. 1050
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 14 . 16 . 375 TO THE
PALM SPRINGS MUNICIPAL CODE CONCERNING RE-
SURFACING REGULATIONS APPLICABLE TO EXCAVA-
TIONS IN STREETS .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1 . Chapter 14 .16 of the Palm Springs Municipal Code
relating to encroachments and excavations in public streets ,
is hereby amended by the addition thereto of a new section, to
be numbered 14 .16 . 375 , and reading as follows :
14 . 16 . 375 Resurfacing of excavations and
trenches . Resurfacing of excavations and trenches
shall be accomplished as follows :
(1) TEMPORARY RESURFACING. Unless permanent
pavement is placed immediately, temporary bituminous
resurfacing 2-inches (51mm) thick shall be placed
and maintained at locations determined by the director
wherever excavation is made through pavement, side-
walks or driveways . In sidewalk areas , the temporary
bituminous resurfacing shall be at least 1-inch (25mm)
thick. At major intersections and other critical
locations , a greater thickness may be ordered by the
director. Temporary resurfacing shall be placed and
rolled with a minimum 3-ton roller or equivalent, as
soon as the condition of the backfill is suitable to
receive it the same day. The bituminous mixture used
shall conform to the applicable sections of the City 's
most currently adopted Standard Specifications for
Public Works Construction.
(2) PERMANENT RESURFACING. The permanent pave-
ment shall be installed within fifteen calendar days
of the date of the initial excavation on major and
secondary thoroughfares , thirty calendar days on
collector streets , unless otherwise directed by the
director. The temporary pavement shall be removed and
disposed of by the permittee. The edges of the street
excavation shall be cut to a neat edge in a manner ap-
proved by the director. The permanent pavement shall
be installed in two lifts and shall be 1-inch (25mm)
greater in thickness than existing pavement, or 4-inches
(102mm) minimum thickness ; rolled with a minimum 3-ton
steel roller or equivalent. The subgrade and the
permanent paving shall conform to the applicable section
of the City' s most currently adopted Standard Specifica-
tions for Public Works Construction. If the permittee
fails to complete the permanent resurfacing within the
time specified above , a Code Violation Notice will be
issued to him, and the matter will thereafter be
subject to other appropriate remedies such as the City
completing the work and charging the permittee for the
costs and expenses thereof, or referral of the matter to
6 b T
C s 6 b 2
Ord. No. 1050
Page 2
the city attorney or to other appropriate agencies such as
the Contractors ' State License Board for suitable enforce-
ment or disciplinary proceedings .
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.
ADOPTED this 20th day of July 1977.
AYES : Councilmen Beadling, Doyle, 'Field, Foster and Mayor Beirich
NOES : None
ABSENT : None
TTF-_S-T_\ \ CITY OFFv1 SJP. G- , IFORNIAc
Deputy City Clerk 74 ja jox
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1050 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on
the 20th day of July, 1977, and that same was published in THE DESERT SUN, a
newspaper of general circulation on July 27, 1977.
DONALD A. BLUBAUGH
City Clerk
JUDITH SUMI
L__,PDeputy
City Clerk
I
43
ORDINANCE NO. 1051
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTIONS 2.06.010 AND 2.30.010 OF THE PALM
SPRINGS MUNICIPAL CODE RELATING TO CITY BOARDS AND
COMMISSIONS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1. The last sentence of paragraph (a) of Section 2.06.010 of
the Palm Springs Municipal Code is hereby amended, to read as follows:
Except in cases where the mayor or city council are not
the appointing authority, no person shall be appointed to
and serve substantially more than two full consecutive
terms upon any single board or commission, and any person
who has served substantially two full consecutive terms
shall not be reappointed to the same board or commission
until at least the time equal to one full term has elapsed.
SECTION 2. Sub-section (b) of said Section 2.06.010 is hereby amended,
to read as follows:
(b) Unless otherwise provided by law, or by ordinance or
resolution of the city council, all members of boards and
commissions of the city appointed by the city council shall be
initially, and during their incumbencies, bona fide residents
and registered voters df the City of Palm Springs , and no such
member at or during such time shall be an employee of the city.
SECTION 3. Section 2.30.010 of the Palm Springs Municipal Code is
hereby amended by adding, between the second and third sentences,
the following:
Youth members 18 years of age and older and all adult members
shall be registered voters and all members shall be bona fide
residents within the boundaries of the Palm Springs Unified
School District.
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 3rd day of August , 1977
AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich
NOES: None
ABSENT:None
CITY OF 'jA N, SPR��NGS �LSFORNIA �
BY �� �/,�% /�/�2
Deputy City Clerk f� v� May
or��i'
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1051 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting thereof held on the
3rd day of August, 1977, and that same was published in THE DESERT SUN, a newspaper
of general circulation on August 9,; 1977.
DOX&LD Clerk
BL UGH
C
—�Gity Clerk
7
BY: JUDITH SUMICH
Deputy City Clerk
44
ORDINANCE NO. 1052
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE UNIFORM BUILDING
CODE, 1973 EDITION, BY ADOPTING (WITH
CERTAIN LOCAL AMENDMENTS) THE STATE OF
CALIFORNIA ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION RESIDENTIAL
BUILDING ENERGY CONSERVATION STANDARDS, AS
ADOPTED MARCH 11 AND 23, 1977, PROVIDING
MINIMUM ENERGY CONSERVATION STANDARDS FOR
ALL NEW RESIDENTIAL BUILDINGS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
SECTION 1 . Those certain documents, three (3) copies of each which are
on file in the office of the City Clerk of the City of Palm Springs,
California, being marked and designated as "Regulations of the State
Energy Resources Conservation and Development Commission, adopted March 11
and 23, 1977" (with exceptions noted hereinafter) are hereby adopted as
new Chapter 55 of the Palm Springs Building Code by reference, pursuant
to the provisions of Section 50022. 1 , et. seq. of the California Govern-
ment Code, and all their provisions (except as hereinafter modified) shall
establish Energy Conservation Standards in all residential buildings in the
City of Palm Springs.
SECTION 2. The State of California Residential Energy Conservation
Standards adopted herein by reference are hereby amended by the following
additions, deletions and amendments: Sections T20-1401 (a) (amended) ,
T20-1401 (e) (amended) , T20-1402 (amended, added) , T20-1403 (a)(1 ) (amended) ,
T20-1403 (a)(2) (amended) , T20-1403(a)(3)(C) (deleted) , T20-1403(b) (deleted) ,
T20-1403(c)(amended) , in the following respects:
Amend Subsection T20-1401(a)Sco e. This article applies to all new hotels ,
motels, apartment houses, lodging houses, dwellings, and other residential
buildings which are heated or mechanically cooled and for which application
for building permits is made subsequent to the effective date of this ordinance.
These regulations shall become effective thirty days (30) after the date of
adoption by the Palm Springs City Council .
Amend Subsection T20-1401 (e) Design Conditions. Inside winter design temper-
ature shall be 70617and inside summer design temperature shall be 780F. Out-
door design temperatures shall be as follows; winter 31oF and summer 1100F.
Amend Section T20-1402 Definitions. . .Basic Glazing Area. The basic glazing
area shall be 15 percent of the gross floor area for low-rise buildings and
40 percent of the exterior wall area for high-rise buildings.
. . .Degree Day, Heating. A unit, based upon temperature difference and time,
used in estimating fuel consumption and specifying nominal annual heating
load of a building. For any one day, when the mean temperature is less than
65 F, there exists as many degree days as there are Fahrenheit degrees differ-
ence in temperature between the mean temperature for the day and 650F. The
number of degree days for Palm Springs shall be 1232.
.High Rise Building. A building or structure which exceeds thirty-five (35)
feet in height.
After the definition of "May" add. . .Munsell Value. The daylight reflectance
of a specimen expressed on a scale extending from 0 for ideal black to 10 for
ideal white by steps of approximately equal visual importance.
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ORDINANCE NO. 1052
Page 2
. . .Residential Building. A hotel , apartment house, lodging house, dwelling
or other resiiTentiai buildings which are heated or mechanically cooled.
Residential Energy Conservation Manual . The manual developed by the Com-
mission to aid designers, and building contractors , in meeting energy conser-
vation standards. This manual may be utilized as an aid in selection of
suitable methods to achieve the intent of this chapter.
After the definition of "U Value" add. . .WeatherstrH inq. A permanent install-
ation of gasketing, or mechanical intertocring of closure surfaces of doors ,
windows, and similar movable elements of a structure to prevent infiltration
of weather conditions from unconditioned or ambient areas.
Amend Subsection T20-1403(a)(1 ) Building Envelope. Insulation-Walls.
Where any of the following lettered options are found to apply, the design of
the opaque surfaces of the structure exposed to ambient conditions shall have
a maximum U value of .08 where the effects of framing members are not con-
sidered, or .095 where the effects of all elements of the wall construction
are considered. Excepted walls with construction weight of 26 through 40
pounds per square foot may reduce the maximum U value to .12 and walls with
a construction weight greater than 40 pounds; per square foot may reduce the
maximum U value to .16.
a. Option applies to any wall oriented to face with 45 degrees
of true north.
b. Option applies to any wall facing an unconditioned space that
is roofed (such as a garage or carport) .
c. Option applies to any wall that is provided with a permanent '
overhang that produces shade and extends a horizontal distance.
equal to at least 40% of the vertical height of the wall
elevation.
Insulation Standards for Walls Not Qualifying for One of the Above Options
When the effects of framing members such as studs are not considered , the
design of the opaque surfaces of the structure exposed to ambient conditions
shall provide a maximum U value of .05 for all buildings. When the effects
of all elements of the wall construction, including studs, are considered
or when all of the thermal insulation is installed so that it is not penetrated
by framing members, the U value shall not exceed .06 for all buildings. When
the effects of all elements of the wall are considered, the U value shall not
exceed .14 for walls with a construction weight of 26 through 40 pounds per
square foot or a U value not exceeding .18 for walls with a construction
weight greater than 40 pounds per square foot.
Amend Subsection T20-1403(a)(2) Ceilings. The maximum allowable U value for
ceilings in low rise or high rise buildings shall be .05 when effects of
framing members such as joists are not considered. When the effect of all
elements of the ceiling construction are considered or when all of the thermal
insulation is installed so that it is not penetrated by framing members, the
U value shall not exceed 0.06. Occupancies having roofs with a color darker
than No. 7 on the Munsell color chart shall decrease the maximum "U" values
quoted above by 20%.
Blown or poured type insulating material may only be used in attic spaces
where the slope of the roof is at least 2'z feet in 12 feet and the distance
from the top of the bottom chord of the truss, or ceiling joists to the under-
side of the roof sheathing is at least 30 inches of the roof ridge. When eave
vents are installed, adequate baffling of the vent opening shall be provided
to deflect the incoming air above the surface! of the material and shall be
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ORDINANCE NO. 1052
Page 3
installed at the soffit on a 45-degree angle. Baffles shall be in place
at the time of framing inspection. The thermal resistance (R) of the
insulation required to comply with these regulations shall be shown on the
building plans.
Delete Subsection T20-1403(a)(3)(C) Slab-on-Ground Floors.
Delete Subsection T20-1403(b) Vapor Barriers.
Amend Subsection T20-1403(c) Glazing.
(1 ) Except as set forth below, glazing in mechanically cooled or
heated buildings shall be shaded to protect from direct solar
exposure for the hours of 9:00 a.m. , noon, and 3:00 p.m. solar
time August 21 . The total accumulated amount of unshaded glass
for each hour shall not exceed 4% of the building's gross floor
area. Where the total glazing area exceeds the basic glazing
area (15% of gross floor area) , treatment shall be required to
limit the conducted design heat gain or loss of the building
to that which would occur with the basic glazing area single
glazed. Tinted glazing or permanent external shading on walls
oriented within 22z degrees of true North shall not be con-
sidered as part of any required tinted glazing area.
(2) In buildings, special glazing oriented within 221; degrees of true
south, shall be exempt from the total glazing area if:
I a. The glazed area is shaded to protect it from direct solar
exposure for the hours of 9:00 a.m. , noon, and 3:00 p.m.
solar time on August 21 ; and
b. The glazed area receives direct solar exposure for the
hours of 9:00 a,m. , noon, and 3:00 p.m. solar time on
December 21 ; and
c. The thermal mass of the house exceeds the basic thermal mass
by 30 Btu/degrees for each square foot of exempt glazing.
The basic thermal mass in Btu/degree F of a lightweight
construction house without a slab floor is given by
thermal mass = 2.25 x gross floor area (in square feet).
The thermal mass of slab floors or other massive elements
inside the insulated envelope is given by thermal mass =
(specific heat) x (weight) . In the case of a concrete slab
floor, the maximunallowable thermal mass shall be no more
than 5 Btu/degrees F per square foot of slab.
SECTION 3. Any other ordinances or part of ordinances in conflict with
the herein ordinance, are hereby repealed.
1 SECTION 4. VALIDITY. If any section, subsection, clause or phrase of
this ordinance is for any reason held by a court of competent jurisdiction
to be invalid, such a decision shall not affect the validity of the remain-
ing portionsof this ordinance. The City Council of the City of Palm Springs
hereby declares that it would have passed this ordinance and each section or
subsection, sentence, clause and phrase thereof, irrespective of the fact
that any one or more sections, sentences, clauses or phrases be declared
invalid.
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4�ll `
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ORDINANCE NO. 1052
Page 4
SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 6. 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.
The foregoing Ordinance was introduced after reading of the title and of
the titles of the Regulations adopted thereby, before the City Council of
the City of Palm Springs , California , at the: regular meeting of the City
Council held on July 20, 1977and thereafter, following the public hearing
pursuant to California Government Code Section 50022.3, the foregoing
Ordinance was finally adopted at a regular meeting of said City Council
held on Sept. 7, 1977 by the following vote, to wit:
AYES: Councilmembers Doyle, Field, Foster Bind Mayor Beirich
NOES: None
ABSENT: Councilmember Beadling
D
AT_TE-S CITY OF PALM SPRINGS, 'CALIFORNIA,
�—
BY_j Deputy C ti' y Clerk � /Mayor
REVIEWED & APPROVED �If�►pA / �
I HEREBY CERTIFY that the foregoing Ordinance No. 1052 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 7th day of September, 1977, and that same was published
in THE DESERT SUN, a newspaper of general circulation on September 14, 1977.
DONALD A. BLUBAUGH
City Clerk
BY: JUDITH SUMICII
Deputy City Clerk
4�4
ORDINANCE N0, 1053
AN ORDINANCE OF TI4E CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING MAP BY
REZONING FROM N-0-5 AND 0-5 TO M-1-P,
CERTAIN PROPERTY ON THE WEST SIDE OF BOGIE
ROAD BETWEEN VISTA CHINO AND TACHEVAH DRIVE
(EXTENDED) SECTION 7.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA. DOES ORDAIN
AS FOLLOWS:
SECTION 1 . Pursuant to Section 9100.03-b of the Palm Springs Zoning
ordinance, the official map of the City of Palm Springs, referred to
therein, is hereby amended as follows:
Zone Change: The parcel of property legally shown
on the attached Exhibit "A" is rezoned from N-0-5
and 0-5 to M-1-P.
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 _ 7th day of September , 1977.
AYES: Councilmembers Doyle, Field, Foster and Mayor Beirich
NOES: None
ABSENT: Councilmember Beadling
ATTE-ST- CITY OF PALM SPRINGS, `CALIFORNIA
�BY ��
,_iDeputy City Clerk Mayor
REVIEWED & APPROVED_�f
I HEREBY CERTIFY that the foregoing Ordinance No. 1053 was duly adopted
by the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 7th day of September, 1977, and that same was published
in THE DESERT SUN, a newspaper of general circulation on September 14, 1977.
DONALD A. BLUBAUGH
City Clerk
L
B, JUDITII SUMICH
Deputy City Clerk
43
EXHIBIT °a 11
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U 5 SUBJECT \. . .: . _
0 M - I-P,.;;%/ z `\ ,� PROPERTY TO M-1_P\--
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CITY OF PALM SPRINGS
CASE N0. 5.0011 -C/Z APPROVED BY PLAN. COMM. DATE
APPLICANT Fairport Construction o. APPROVED BY COUNCIL DATE
REMARK'S _ ORD. N0. RESOL. NO.
7
4A
ORDINANCE NO. 1054
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, ESTABLISHING AN ENERGY COM-
MISSION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. A new chapter to be numbered Chapter 2. 23 is hereby
added to the Palm Springs Municipal Code , to read as follows :
Chapter 2 . 23
ENERGY COMMISSION
2 . 23. 010 Created. There is created an energy com-
mission for the city. It shall consist of seven members ,
serving without compensation , appointed in the manner and
for the terms prescribed in Sections 2 . 04. 060 and 2 . 06 . 010
respectively of this code.
2 . 23. 020 Officers--Committees. The commission shall
be authorized 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. The city
manager may appoint an executive secretary and other staff
' and provide such compensation for their services as may be
authorized by the city council and by the annual city budget
of expenditures.
2 . 23. 030 Meetings--Rules of procedure . The commission
shall meet at least once each month at such time and place as
shall be fixed by the commission by its standing rules . A
majority of the existing appointed members of the commission
shall constitute a quorum for the transaction of business .
The commission 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 meet-
ings , the commission is bound by the provisions of the Ralph
M. Brown Act of the State of California (Section 54950 , et
seq. , California Government Code) .
2. 23. 040 Functions , powers and duties . The commission
shall serve in an advisory capacity to the city council as
follows :
(1) To consider possible short-term and long-term uses
of solar power and other alternate sources of energy in city
facilities .
(2) To encourage the location of solar experiments and
research within the community.
(3) To coordinate and assist in local efforts to utilize
alternate energy sources .
(4) To analyze various solar applications as to practi-
cality and feasibility.
(5) To consider amendments to the building code -related
to conservation and alternate energy systems.
(6) To develop a public information program relative to
uses of alternate energy sources and the conservation of
energy.
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Ord. No. 1054
Page 2
SECTION 2 . Notwithstanding the provisions of Section 2 . 23. 010
set forth above , of the seven (7) members first appointed to the
energy commission at the time this ordinance takes effect, three
(3) shall be appointed for a term that expires on June 30 , 1978 ,
two (2) shall be appointed for a term that expires on June 30 ,
1979 , and two (2) shall be appointed for a term that expires on
June 30 , 1980 . Thereafter, all appointments to the commission
shall be for terms 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 news-
paper of general circulation , printed, published and circulated
in the City of Palm Springs , California.
ADOPTED this 21st day of September 1977 .
AYES : Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich
NOES : None
ABSENT: None
ATTEST : CITY OF-'LALM SPRING CALIFORNIA
BY
Deputy City Clerk
Mayox I
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance No. 1054 was duly adopted by the City
Council of the City of Palm Springs, California, in a meeting held on the 21st day
of September, 1977, and that same was published in THE DESERT SUN, a newspaper of
general circulation on September 30, 1977.
DONALD A. BLUBAUGH
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
M .
L�iyJ
ORDINANCE NO. 1055
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING CHAPTER 2 . 48 OF THE
PALM SPRINGS MUNICIPAL CODE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Chapter 2 . 48 of the Palm Springs Municipal Code,
comprising conflict of interests guidelines adopted pursuant
to previous Government Code Section 3626 which has since become
inoperative by virtue of Government Code Section 3800 , is here-
by repealed.
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 news-
paper of general circulation, printed, published and circulated
in the City of Palm Springs , California.
ADOPTED this 5th day of October , 1977.
' AYES: Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich
NOES : None
ABSENT:None
ATTEST: CITY OF'"iZM SPR�NGS CALIFORNIA
Deputy City Clerk pp Mayor
REVIEWED & APPROVED:
d�
I HEREBY CERTIFY that the foregoing Ordinance 1055 was duly adopted by
the City Council of the City of Palm Springs, California, in a meeting
held on the 5th day of October, 1977, and that same was published in
TIE DESERT SUN, a newspaper of general circulation on October 12, 1977.
DONALD A. BLUBAUGH
City Clerk
BY: JUDITH SUMICH
Deputy City Clerk
ORDINANCE NO. 1056
AN ORDINANCE OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING SECTION 12. 32 . 100 OF
THE PALM SPRINGS MUNICIPAL CODE RELATING
TO CURB COLORS USED TO INDICATE PARKING
REGULATIONS .
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Subsection (a) of Section 12 . 32 .100 of the Palm
Springs Municipal Code is hereby amended by amending sub-
paragraph (4) thereof and by adding subparagraph (5) thereto,
reading as follows :
(4) GREEN shall mean no standing or parking for
longer than twenty minutes at any time between 9 :00 a.m.
and 6 :00 p.m. of any day.
(5) BLUE shall mean parking limited exclusively to
the vehicles of physically handicapped persons.
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, published and circulated in the City of Palm
Springs , California.
ADOPTED this 5th day of October 1977.
AYES : Councilmembers Beadling, Doyle, Field, Foster and Mayor Beirich
NOES : None
ABSENT: None
ATTESTc,\ CITY OF' PALM SPRINGS, CALIFORNIA
By
Deputy City Clerk ma p-r
REVIEWED & APPROVED ej4�0 111L,
I HEREBY CERTIFY that the ,foregoing Ordinance 1056 was duly adopted by
the City Council of the City of Palm Springs, California, in a meeting
thereof held on the 5th day of October, 1977, and that same was published
in THE DESERT SUN, a newspaper of general circulation, on October lY, L977„