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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 B � `� �. :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 4 (///IJJ,,��/IGG�// 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 n , SUBJECT PROPERTY TACHEVAH DR. 3 c 2 z Q a G 00� w rc a = > > Jd W K oa E o a TAMARISK RD. EXHIBIT "A" z a u z a z � J � a a ALEJD RD, VICINITY MAP R-4 TACHEVAH � [)RIVE I 1235' I � 4 R12 w � I � P O L — _ w J I I O I R-1115•T o R-1-13 = J 275' a n. a a 0 I � z z wl w R- 1- 13T a > a R-1- B 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. IG 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. 1 ° 1 411'o 1c 2 Ord. No. 1043 P age 2 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. 1 c 3 419 Ord. No. 1043 1 c 4 Page 4 (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. 2 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; 1 c 5 42 1 c 6 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. Vr 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 1-c 43 1-2-a p H W R•1-0 ... ' .Faun[ .ve W-R I-C i W t y i o1j. I: R-1_G �r ► "r-� ICI t P,D. 5a R. 1 L, \ uI I ;I WR-I-D ..IM ltlli!\t S �y 1 uu .�Nua Y s��.roN R-I-C ' \R n\ \ P.D. 65 r t I 5 b I I R-LC o R-3 R-3 P.D. 16 --- R 3 N 7 ' P.D. R-I_C 1I 3I i I 1.31 --' ' R.D. 63 —--' -- R-3 w 1 ; I � R-G-AM R-G-A(6) R 3 4 pJ I 1 EXH1131T "A 1 � 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. 8 b 1 4 8v2 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 � b 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. 8 b 3 4�ll ` 8 b 4 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 N- , � - R 1 C - l ........::......�...... I N-n.G n-I-C I U 5 SUBJECT \. . .: . _ 0 M - I-P,.;;%/ z `\ ,� PROPERTY TO M-1_P\-- Nrlmll/ y ti J,l/,T; zgg o 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. 11 b 2 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„