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HomeMy WebLinkAbout1/1/1979 - ORDINANCES 041 ORDINANCE NO. 1081 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING ORDINANCE NO. 1069 AND ORDINANCE NO. 1073 WHICH ESTABLISHED A TEMPORARY MORATORIUM ON THE DEVELOPMENT OF CERTAIN RESIDENTIAL PROJECTS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Ordinance No. 1069 adopted on June 22 , 1978 and Ordi- nance No. 1073 adopted on October 18, 1978 are hereby repealed. SECTION 2 . URGENCY. This Ordinance is adopted as an urgency measure for the immediate preservation and protection of the public safety, health and welfare, and shall take effect immedi- ately upon its adoption and passage by at least a four-fifths vote of the City Council. The declaration of the facts constitu- ting the urgency is as follows : Ordinances Nos. 1069 and 1073 established (and extended) a building moratorium on new residen- tial projects on an interim basis until studies could be accomplish- ed and control measures promulgated pertaining to municipal sewage disposal plant capacity problems. This Council has since enacted other measures which for the time being are deemed adequate to meet the problems encountered, and it is not in the public interest that the aforesaid residential project building moratorium be con- tinued. SECTION 3. EFFECTIVE DATE--PUBLICATION. This Ordinance shall be in full force and effect immediately upon adoption by at least a four-fifths vote of the City Council; and the City Clerk shall certify to the passage thereof and cause the same to be published once, within fifteen (15) days after, passage, in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs , California. ADOPTED this 17th day of January , 1979 . AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES : None ABSENT: None 7 ATTEST: CITY JJFALM SP S , ALIFO'RNIA By l ,D'eput.y City Clerk or REVIEWED & APPROVED THEREBY CERTIFY that the foregoing Ordinance 1081 was duly adopted by the city-,- Council of the City of Palm Springs,' California, in a meeting thereof held on the 17th day of January, 1979, and that same was published in THE DESERT SUN, a news- paper of general circulation, on January 23, 1979. DONALD A. BLUBAUGH City Cker n Y: JUDITH SUMICH Deputy City Clerk 1 b 04 ' ORDINANCE NO. 1082 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, ADDING SECTION 10. 28. 025 TO THE PALM SPRINGS MUNICIPAL CODE RELATING TO DOG OWNERS " DUTIES IN CONNECTION WITH FECES DROPPED BY THEIR DOGS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Chapter 10. 28 of the Palm Springs Municipal Code is hereby amended by adding thereto a new section to be numbered 10. 28. 025 , and reading as follows : 10 . 28. 025 Dog defecation to be removed by owner._ (a) No person owning, keeping or having in his or her care or custody any dog; shall knowingly fail , refuse or neglect to clean up ,any feces of such dog immediately and dispose of it in a sanitary manner, whenever such dog has defecated upon public or private property, without the consent of the public or private owner or person in law- ful possession or charge of the property. (b) The provisions of subsection (a) shall not apply to a blind person being accompanied by a guide dog, nor shall they be construed to require or countenance any act of trespass upon private property. Whenever the feces to be cleaned up cannot be reached without a significant tres- pass upon the private property on which the feces is lo- cated, the person having the duty pursuant to subsection (a) to clean it up shall first obtain consent so to do, from the owner or person in lawful possession or charge of the property. 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 or 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 17th day of January , 1979 . AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES : None ABSENT: None ATTEST: CITY OF VaM SPRI' , IrD]]NIA eputy City Clerk r REVIEWED & APPROVED ,"/ I HEREBY CERTIFY that the foregoing Ordinance 1082 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of January, 1979, and that same was published in THE DESERT SUN, a news- paper of general circulation, on January 23, 1979. DONALD A. BLUBAUGH City Clem. C / — B JUDITH SUMICII Deputy City Cle* 043 ORDINANCE NO. 1083 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING THE COMMUNITY SERVICES COMMISSION, DISESTABLISHING THE COMMISSIONS ON AGING, HUMAN RELATIONS, PARKS AND RECREATION, YOUTH, AND TRAFFIC AND PARKING, AND SUSPENDING OPERATIONS OF THE ENERGY COMMISSION . THE CITY COUNCIL OF THE CITY OF PALM SPRINGS , CALIFORNIA, DOES ORDAIN AS FOLLOWS : SECTION 1. Chapter 2 . 18 of the Palm Springs Municipal Code is hereby repealed, and a new Chapter 2. 18 is hereby added to the Palm Springs Municipal Code, to read as follows : Chapter 2 . 18 COMMUNITY SERVICES COMMISSION 2 . 18. 010 Created. There is created a community services commission for the city. It shall consist of nine 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. 2.18. 020 Chair--Committees--Staff. Designation of chairucrsoi'isfor the commission ,hall be governed by Sec- tion 2. 06. 020 of this code. The commission shall be authorized to appoint and fix the membership of such num- ber 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 .18. 030 Meetings--Rules of procedure. The commis- sion shall meet at least bimonthly (but need do so only during the period of the year from October 1st through the following May 31st) at such time and place as shall be fixed by the commission by its standing rules. A ma- jority 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 meetings , the commission is bound by the provisions of the Ralph M. Brown Act of the State of California (Section 54930 , et seq. , California Government. Code) . I 2 .18. 040 Functions , powers and duties. _The commis- sion all function in an advisory role to the city council , and to the city manager and director of community services , as appropriate. To fulfill this role, the commission shall have, among others which hereafter may be delegated by the city council, the following powers and duties : (1) To make recommendations to the city council on matters relating to the creation or amendment of goals , policies, objectives and work plans in connection with existing or proposed human resources programs. 5 b 1 044 Ord. No. 1083 Page 2 (2) To advise as to programs for the use of avail- able municipal resources to satisfy unmet human services needs and the coordination of sucla programs with activities of other agencies providing human services. (3) To assist from time tb time in the review of the overall plan for municipal community services and the moni- toring of the success of the plan' s implementation. (4) To advise the city manager and director of com- munity services on policy matters affecting the department of community services. (5) To receive and investigate complaints of dis- crimination against any person, group, organization or corporation and to refer appropriate matters to the proper authorities. SECTION 2 . Notwithstanding the provisions of Section 2 . 18 . 010 set forth above, of the nine members who first comprise the com- munity services commission after this ordinance takes effect, the terms of three shall be designated by the city council to ex- pire on June 30 , 1979, the terms of three shall be designated by the city council to expire on June: 30 , 1980 , and the terms of the remaining three shall be designated by the city council to expire on June 30 , 1981. Thereafter, all appointments to the commission shall be for terms prescribed in Section 2 . 06 . 010 of the Palm Springs Municipal Code. The members so first comprising the community services commission shall be selected from among existing members of the commissions (hereinafter disestablished) on aging, human relations, parks and recreation, and youth (the functions of which commissions are being consolidated, in whole or in part, into the functions of the community services commission) . The members so selected shall be deemed for all purposes (except insofar as this may be impractical, inappropriate, or inconsistent with other provisions of this ordinance) to be continuing their previously existing com- mission memberships rather than filling new vacancies on the com- munity services commission. SECTION 3. Chapters 2 . 24 , 2. 28 and 2 . 30 of the Palm Springs Muni- cipal Code are hereby repealed. SECTION 4. Section 12 . 08 . 080 and Section 12. 08 . 090 of the Palm Springs Municipal Code are hereby repealed effective June 30 , 1979 . SECTION 5 . The provisions of Chapter 2 . 23 of the Palm Springs Municipal Code, and the operations of the energy commission created thereby, are hereby suspended and said municipal code provisions shall not be implemented, until further notice and action by this city council by later ordinance or .resolution rescinding such sus- pension or otherwise ordering the said commission operations to re- commence. SECTION 6. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage.SECTION 7. PUBLICATION. The City Clerk is hereby ordered and di- rected to certify to the passage of this Ordinance , and to cause same to be published once in THE bESERT SUN, a daily newspaper of 045 Ord. No. 1083 Page 3 general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 17Kh day of January , 1979. AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES : None ABSENT: None ATTEST- CT PALM S, LTFORiQI / \ ne �/ate ✓�-- �y �._ �i-¢uty City Clerkp or REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing`Ordinance 1083 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of January, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on January 23, 1979. DONALD A. BLUBAUGH City Clerk CLB�JUDITH SUMICH l Deputy City Clerk 046 ORDINANCE NO. 1084 AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA, AMENDING SEC- TION 15. 14. 010 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE REQUIRED USE OF SEWERS. THE CITY COUNCIL -OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS .FOLLOWS : SECTION 1. Section 15 . 14 .010 of the Palm Springs Municipal Code is hereby amended to read as follows : 15. 14 . 010 Sewers required for ,new construction. (a) No person shall construct a building without con- necting such building to a public sewer, unless an exemption is granted by this chapter, the city manager or the city council. (b) Exemptions. (1) Buildings constructed without plumbing and thereafter utilizing no plumbing are exempt. (2) An exemption may be granted by the city manager in any case where the development involves a single-family dwelling on a lot of record and the dis- tance from the lot line to the public sewer is greater than five hundred feet. Although such an exemption is granted, the maximum residential connection fee shall be paid prior to the issuance of a building permit. At the time of eventual connection of a dwelling given initial exemption under the terms of this subsection, any portion of the maximum residential connection fee that has been paid which is found to exceed the sewer connection fee schedule of charges currently applicable at the time to residences shall be refundable. (3) An exemption may be granted by the city council in any case (in the sole judgment of the council) where unusual topographical or other terrain conditions exist which make the connection to the public sewer im- practical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is re- quired to connect such building to the public sewer system. It shall be the responsibility of the applicant for such exemption to provide to the city council such data or proof as the council deems necessary, including but not limited to engineering cost estimates and fea- sibility reports, to substantiate any such application. (4) In any case where an exemption cannot be granted pursuant to subsections (2) or (3) above, an exemption may be granted by the city manager whenever the city council has by resolution Dr ordinance declared that the City' s central sewage treatment facilities are incapable of serving the area involved. A condition of any such exemption shall be that the maximum sewer connection fee (otherwise applicable) shall be paid at or prior to the time of issuance of building permit (s) . A further condi- tion shall be that there be installed (at the usual time this would otherwise occur incidental to development) all sewerage lines, laterals , mains and facilities which would otherwise be needed or required were the development to be 5 c 1 5 e ` 047 Ord. No. 1084 Page 2 connected to a public sewer, except that the same shall not be physically connected to theApublic system until the City has given notice at a lateritime that this will be done. The capping off of the said "dry" lines and facilities , and distances such lines and facilities shall be kept from the public mains, shall be as reasonably prescribed by the city engineer. (5) Any exemption granted under the provisions of this section shall require that during the exemption period, the building or development involved shall be properly and adequately sewered with a private sewer system designed, con- structed, installed, and maintained to standards approved by the city engineer and the Riverside County Health Department, and additionally in the case ,of developments of five or more units, to standards and technical requirements prescribed after review by the Desert Water Agency and the Regional Water Quality Control Board. An additional condition to the granting of any exemption pursuant to subsection (2)\ or subsection (4) above shall be the recording of a covenant running with the land that, within one year after official notice in the case of subsection (2) exemptions that an operating public sewer has been completed within five hundred feet of the permittee ' s lot line, or within ninety days after official notice in the case of subsection (4) exemptions that the central treatment facilities are capable of serving the area, the permittee (or then owner of record) will extend the private lines the necessary distance and connect to the public system. Any such covenant shall also contain an appropriate and reason- able commitment that the permittee (and successors in in- terest) will cooperate and participate in any future assess- ment district proceeding designed to provide adequate public sewerage mains and facilities to serve the area in which the permittee ' s land is located. 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 di- rected 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 17th day of January , 1979 . AYES : Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None r ATTEST: \ / CITY M SP S, CALIFbRNI BX--- /-�1� Deputy City Clerk Mayor REVIEWED & APPROVED ll� I HEREBY CERTIFY that the foregoing Ordinance 1084 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 17th day of January, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on January 23, 1979. DONALD A. BLUBAUGH //----,City Clem BY: JUDITII SUMICH 048 ORDINANCE NO. 1085 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A MOBILE HOME RENT REVIEW COMMISSION, ESTABLISHING A MOBILE HOME SPACE RENTAL ROLLBACK AND ALLOWING CERTAIN SPACE RENTAL INCREASES. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Policy. A hearing conducted by the City Council on October 18, 1978, and a subsequent survey of mobilehome park tenants established that there is presently within the City of Palm Springs, California, a shortage of spaces for the location of mobile homes. Because there is a shortage there is a low vacancy rate, which has in turn contributed to a substantial number of recent exorbitant increasers in space rentals. If these increases continue, some people will be unable to pay, displace- ments will occur and this will be detrimental to the public health and welfare. Because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the install - ation of mobile homes, including permits, landscaping and site prepa- ration, the lack of alternative homesites for mobile home residents and the substantial investment of mobile homeowners in such homes, the City Council finds and declares it necessary to protect the owners and occupants of mobile homes from unreasonable rent increases while at the same time, recognizing the need of the park owners to receive a "fair return" on their investment and rental increases sufficient to cover the increased cost of items such as, land rental , repairs, maintenance, insurance, upkeep and additional amenities. The City Council believes, however, that permanent space rent control localized to the City of Palm Springs would be inconsonant with the system of free enterprise and initiative, and would tend to aggravate and prolong the shortage of spaces available to rent, and to discourage investments in mobile home parks, and to reduce incentive to improve or sustain a desirable environ- ment within mobile home parks. However, such controls at the present time on an interim basis are deemed necessary in the public interest pending a more appropriate response to the problems involved, on a statewide basis by the California Legislature or electorate. SECTION 2. Definitions. (1 ) "Commission. " The Mobile Home Rent Review Commission established by Section 4 of this Ordinance. (2) "Members. " Commissioners of the Mobile Home Rent Review Commission. (3) "Space Rent. " The consideration, including any bonus, benefits or gratuity demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, or for the transfer of a lease for park space, services and amenities, subletting and security I deposits, but exclusive of any amounts paid for the use of the mobile home dwelling unit. (4) "Mobile Home Park Owner", "Owner," or "Landlord. " The owner, lessor, operator or manager of a mobile home park within the purview of this Ordinance. (5) "Mobile Home Tenant" or "Tenant. " Any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or a rental or lease arrangement with the owner thereof. 1c1 949 1 c 2 Ord. No. 1085 Page 2 SECTION 3. S ace rental Moratorium and Rollback. Beginning on the effective date of th s Ordinance and continuing until June 30, 1980, or until such time as the State Legislature or electorate establishes a procedure for the adjustment and/or regulation of space rents on a long- term basis, whichever occurs first, the maximum rental and incidental service charges to a tenant each month shall be limited to an amount determined by the following formula, provided that in no event shall rent increases occur more than once in any twelve-month period: The base monthly rental and service charges multiplied by a fraction, the numerator of which is the latest Consumer Price Index for all Urban Consumers (Los Angeles-Long Beach-Anaheim Metropolitan area, all items, Base Period - 1967 equals 100) (CPI) as prepared by the United States Department of Labor for the month which is two months prior to the current month for which the calculation is being made and the denomi- nator of which shall be the Consumer Price Index for all Urban Consumers (Los Angeles-Long Beach-Anaheim Metropolitan area, all items, Base Period - 1967 equals 100) (CPI) as prepared by the United States Depart- ment of Labor as of the month which is twelve (12) months preceding the month used in the numerator. The "base monthly rental and service charges" are defined as the monthly rental and service charges that existed on September 30, 1978, or the monthly rental and service charges that have subsequently been charged pursuant to this Ordinance. Space rents shall not be increased beyond the amount arrived at by application of the formula, except as provided in subsection (3) and (5) below unless any such increase exceeding the formula set forth above is approved by the Commission as provided hereinafter. The maximum space rent in the City of Palm Springs shall be subject to the following provisions: ' (1 ) For a space which was rented as of September 30, 1978, and continued to be rented thereafter to one or more of the same persons, the rent shall not exceed that in effect on September 30, 1978 except that rents may be increased as provided above. The level of park ser- vices provided to the space on that date shall not be reduced. (2) For a space which was not rented as of September 30, 1978, but was subsequently rented and continued to be rented to one or more of the same persons, the rent shall not exceed that in effect on the date the rental unit is re-rented after September 30, 1978, so long as such unit continues to be rented to one or more of the same persons except that rents may be increased as provided above. The level of park services provided to the space on the re-rental date shall not be reduced. (3) For a space voluntarily vacated on or after September 30, 1978, and prior to the expiration of this ordinance, if the vacancy was voluntary, i .e. , not the result of an eviction, whether for just cause or otherwise, or the result of owner refusal to renew a periodic tenancy of lease agreement, then the rent may be increased upon the re-rental of the space. So long as such space continues to be rented to one or more of the same persons, such rent shall not exceed that in effect on the date the space is re-rented, except that rents may be increased as provided above, nor shall the level of park services provided on that re-rental date be reduced. I (4) For spaces vacated other than voluntarily after September 30, 1978, the rent for such space shall not thereafter exceed the rent in effect immediately prior to such involuntary vacation, unless the space is subsequently voluntarily vacated, except that rents may be increased as provided above. The level of park services provided prior to such involuntary vacation shall not be reduced. ()50 Ord. No. 1085 Page 3 (5) Rents may be adjusted by the Commission to alleviate hard- ships to owners if they occur, under procedures .set forth in Sections 4 through 7. - (6) That portion of the maximum rental and incidental service charges that is allowable pursuant to this section shall be offset and reduced by two-thirds (2/3) of the excess of the amount of real and personal property taxes and assessments for the calendar year ending December 31 , 1977, over the real property and personal property taxes and assessments for the current calendar year for which the rent compu- tation is being made unless it can be demonstrated by the owner of a mobilehome park that such reduction in real or personal property taxes did not in fact occur, or in the alternative, that credits have already been granted to the tenants in the form of rebates, reduced rentals or the absence of any rent increase since December 31 , 1977, (where increases would have been justified had the above formula .been applied). (7) Nothing in this Section shall apply to any increase agreed to in a lease which was entered into prior to September 30, 1978. SECTION 4. Rent Review Commission. (1 ) There is hereby created within the City of Palm Springs, a Mobile Home Rent Review Commission, consisting of five (5) members, the membership of which shall be appointed by the City Council to serve at the Council ' s pleasure. (2) Individuals selected shall be chosen so far as possible from ' individuals with no bias, and toward this end, members may be chosen from non-residents as well as residents of the City. In this connection, mobile home owners, renters or park owners should not be appointed unless the Council feels that such individuals, notwithstanding their in- volvement, would be fair and impartial in all cases. (3) Members of the Commission shall serve indefinitely while this Ordinance remains in effect unless sooner removed by Council . A vacancy in the Commission shall not impair the right of the remaining members to exercise the powers of the Commission. Three (3) affirmative votes are required for a ruling or decision. Members of the Commission shall comply with Chapter 2. 06 of the Palm Springs Municipal Code in all aspects where it is not inconsistent with this Ordinance. (4) All candidates for commissioner shall disclose in a verified statement all present holdings and interests in real property, including interests in corporations, trusts, or other entities with holdings in real property within this jurisdiction as defined by California Govern- ment Code Section 82035. Such disclosure shall be filed with the City Clerk not less than ten (10) days after their appointment. Disclosure of holdings required herein shall be in addition to any other disclosure required by State or local law for holders of public office. (5) Members of the Commission shall not be compensated for their I services on the Commission, but shall be entitled to receive the sum of thirty dollars ($30.00) per person, per hearing, with a maximum of sixty dollars ($60.00) per day, when hearing complaints from the tenants of a park with respect to a rent increase by the park, ownership as herein- after provided. SECTION 5. Powers and duties of the Commission. Within the limitations provided by law, the Commission shall have the following powers and duties: 1 c 3 I c 4 Ord. No. 1085 Page 4 (1 ) To meet from time to time as requested by the City Manager of the City of Palm Springs, or upon the filing of a petition, and to utilize City offices and/or facilities as needed and as available. I (2) To receive, investigate, hold hearings on and pass upon the petitions of mobile home tenants as set forth in this Ordinance. (3) To make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties, and to delegate its power to hear individual rent adjustment petitions to its individual members as hearing examiners or to panels of one or more commissioners. The Board shall review and make the final determination based upon the findings of such hearing examiners or panels. (4) To adjust maximum rents either upward or downward if it finds them unconscionably high, or make no adjustment upon completion of the hearings and investigations. In evaluating whether the rent increase proposed or effected by the mobile home park owner, operator or manager is or is not unconscionable, the Commission shall consider, among other relevant factors, changes in costs to the owner attributable to increases or decreases in master land and/or facilities lease rent, utility rates, property taxes, insurance, advertising, variable mortgage interest rates, governmental assessments and fees, incidental services, normal repair and maintenance; and other considerations including but not limited to, capital improvements, upgrading and addition of amenities or services, net operating income, as well as fair rate of return on investment. ' (5) To render, at least semi-annually, a written report to the City Council concerning its activities, rulings, actions, results of hearings and all other matters pertinent to this Ordinance which may be of interest to the City Council . (6) To adopt, promulgate, amend and rescind administrative rules of procedure. Nothing in this subsection shall be construed as authority for the Commission to make any rules affecting the substantive rights of either Owners or Tenants. (7) To maintain and keep at City Hall , mobile home rent review hearing files and dockets listing the time, date and place of hearings, the parties involved, the addresses involved and the final disposition of the petition with appropriate findings. (8) To assess such amounts of money against the petitioners or respondents upon the conclusion of the hearing as may be reasonably necessary to recover fees and costs of the members of the Commission in accordance with the provisions set forth in Section 4, Paragraph 5, not to exceed the total sum of three hundred dollars ($300.00) , and to assess such additional amounts of money against petitioners or respondents upon the conclusion of the hearing, as may be reasonable to compensate for clerical duties under this Section, not to exceed three hundred dollars ($300.00), or a combined total of not to exceed six hundred dollars ($600.00) per hearing. Ord. No. 1085 Page 5 SECTION 6. Initiation of Commission Review and Hearing Process. (1 ) Upon the written petition made under penalty of perjury of more than fifty percent (50%) of the tenants of any mobile home park, who will be affected by a proposed rental and/or service charge or who have been affected by a rental and/or service charge increase which is the subject of the petition, provided said petition is filed within thirty (30) days after receipt of notice of the proposed increase or thirty (30) days after the effective date of this Ordinance, whichever is later, the Commission shall hold a hearing nc sooner than ten (10) days, and no later than thirty (30) days after receipt of said petition, at a place and time to be set by the Commission„ to determine whether or not the rental or service charge increase is so great as to be unconscionable. A reasonable continuance may be granted if stipulated to by both parties or at the Commission's discretion. (2) Notwithstanding Paragraph (1 ) above, •the terms of this Ordinance shall not apply to any space rental increase which is equal to or less than the amount arrived at by applying the formula which utilizes the CPI set forth in the first paragraph of Section 3 above, nor shall it apply to any increase agreed to in a lease which was entered into prior to September 30, 1978. (3) The petition shall be accompanied by a cash deposit in the sum of three hundred dollars ($300.00) , all or any part of which may be assessed against the petitioners for costs pursuant to Section 4, Paragraph (8). The balance, if any, shall be refunded upon the conclusion of the hearing and submission of findings by the Commission. (4) Upon receipt of the petition, the Commission shall notify the mobile home park owner, operator or manager in writing of the petition and shall require from the respondent a like cash deposit in the amount of three hundred dollars ($300.00), all or part: of which may be assessed against the respondents for fees and costs pursuant to Section 5, Paragraph (8). The balance, if any, shall be paid or refunded, as appropriate, upon the conclusion of the hearing and submission of findings by the Commission. SECTION 7. Conduct of Commission Review and Hearing Process. (1 ) In holding said meetings, 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) All parties to a hearing may have assistance in presenting evidence or in setting forth by argument their position, from an attorney or such other person as may be designated by said parties. All witnesses shall be sworn in prior to giving testimony. (3) In the event that either the petitioner or the respondent should fail to appear at the hearing at the specified time and place, the Commission may hear and review such evidence as may be presented and make such decisions just as if both parties had been present. (4) The Commission shall make a final decision no later than ten (10) days after the conclusion of its hearing on any petition. No rent adjustment shall be granted unless supported by the preponderance of evidence submitted at the hearing except as provided by Section 3 above. All parties to a hearing shall be sent a notice of the Commission's decision. 1 c 5 IIJ,i 1 c 6 Ord. No. 1085 Page 6 (5) Pursuant to the findings, the Commission shall require the mobile home park owner, operator or manager to: (a) Reduce the rental or service charges to a rate to be ' determined by the Commission, or (b) Continue the rental or service charges as they existed under the former lease or rental arrangement, or (c) Increase the rental or service charges to a rate set by the Commission, or to the rate requested by the mobile home park owner, operator or manager. (6) The provisions of this Ordinance shall apply to all owners of mobile home parks, including owners of mobile home parks who acquire ownership at any time subsequent to January 1 , 1978. However, the provisions of this Section shall not apply to a mobile home park that opened or will open as a new mobile home park on or after January 1 , 1978, until such park attains seventy percent (70%) occupancy. For the purpose of Section 3, the monthly rental and service charge that existed in such new mobile home park on the month immediately following the month in which the park attained seventy percent (70%) occupancy shall be treated as the monthly rental and service charge that existed September 30, 1978. (7) Nothing in this Ordinance shall require a mobile home park owner, or his or her agents, to raise rents or charges to the tenants. ' Further, a park owner, or his or her agents, may raise rents and charges to tenants by a lesser amount than is allowed by the formula contained in this Section. (8) Any increase in space rental which has occurred since September 30, 1978, and prior to the effective date of this Ordinance which increase is subsequently disallowed by the Commission, shall be either rebated to the tenant thirty (30) days after the decision of the Commission is announced, or credited against the next rent due after the effective date of this Ordinance and any succeeding months until full credit for the increase has been applied. (9) The conclusions and findings of the Commission shall be final and there shall be no appeal rights to the City Council . SECTION 8. Tenant' s Right of Refusal . A tenant may refuse to pay any increase in rent which is in violation of this Ordinance provided a petition has been filed with the Commission and approved by the Commission after a hearing, and such violation shall be a defense in any action brought to recover possession of a rental unit or to collect the illegally charged rent increase. This shall be the sole and exclusive remedy available to an aggrieved tenant. SECTION 9. Retaliatory Eviction. Notwithstanding Section 8 above, in any action brought to recover possession of a rental unit the court may I consider as grounds for denial any violation of any provision of this Article. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this Ordinance shall be grounds for denial . Any action brought within three (3) months of the determination of a petition or complaint filed with the Board by the tenant pursuant to this Ordinance shall be presumed to be retaliatory; this presumption affects the burden of proof, and is rebuttable by the owner. 054 Ord. No. 1085 Page 7 SECTION 10. Severability. If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions ' or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this Ordinance are declared to be severable. SECTION 11 . Non-waiverability. Any waiver, whether written or oral , by any beneficiary of this Ordinance, or any provision of this Ordinance, shall be void as against public policy. SECTION 12. Effective Period of Ordinance. This Ordinance shall remain in effect until June 30, 1980, unless sooner repealed or otherwise modified. SECTION 13. Effective Date. This Ordinance shall be in full force and effect thirty 30 days after passage. SECTION 14. 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 7th day of February _, 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ' ABSENT: None ATTEST: CITTYQF,;;PALM SPRINGS CALIFORNIA 8y � Deputy City Clerk a�or REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1085 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of February, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation on February 14, 1979. DONALD A. BLUBAUGH City C er BY: JUDITH SUMICH ., ' Deputy City Clerk 1 c 7 [)JI ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE 1 PALM SPRINGS MUNICIPAL CODE BY AMENDING REFERENCE TO THE UNIFORM BUILDING CODE, THE UNIFORM BUILDING CODE STANDARDS, THE UNIFORM HOUSING CODE, THE UNIFORM CODE FOR THE ABATE- MENT OF DANGEROUS BUILDINGS, THE UNIFORM PLUMBING CODE, TO REFLECT THE CURRENT 1976 EDITION, AND THE NATIONAL ELECTRIC CODE, TO REFLECT THE CURRENT 1978 EDITION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 8.04 of the Palm Springs Municipal Code is hereby amended to read as follows: Chapter 8.04 UNIFORM BUILDING CODE 8.04.010 Incorporation by reference. The following ordinance of the City relating to adoption of a building code hereby is incorporated herein by this reference and shall continue in effect until hereafter superseded, amended or repealed by proper authority: Ordinance Date Number 1076 Passed November 15, 1978 TITLE OF ORDINANCE An ordinance of the City of Palm Springs, California, adopting the Uniform Building Code, 1976 Edition, and all appendices, tables and indices following, with the exception of Appendix Chapters 15, 23, 35, 38, 48, 51 , and 57; adopting the Uniform Building Code Standards, 1976 Edition; adopting the Uniform Housing Code, 1976 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition; adopting the Uniform Mechanical Code, 1976 Edition, and all appendices, tables and indices following; adopting the Uniform Plumbing Code, 1976 Edition, and all appendices, tables and indices following, with the exception of Appendix G; National Electric Code, 1978 Edition, and all appendices, tables and indices following; all providing minimum standards to safe- guard life, property, and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location, maintenance, and the continuing safety of all buildings and structures, appurtenant equipment, and grounds improvements within the City; providing penalties for the violation thereof; and repealing the local codes superseded thereby and all ordinances and parts of ordinances 1 in conflict therewith. 8.04.020 Citation of Building Code. This chapter, the Uniform Building Code, 1976 Edition, the Uniform Building Code Standards, 1976 Edition, the Uniform Housing Code, 1976 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1976 Edition, the Uniform Mech- anical Code, 1976 Edition, the Uniform Plumbing Code, 1976 Edition, and the National Electric Code, 1978 Edition, said Ordinance No. 1076 and all amendments thereto, may be collectively referred to and cited as the "Palm Springs Building Code." 5 d 1 , v 5 d 2 Ord. No. 1086 Page 2 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 circu- lation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 7th day of February 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEM" CITY OF ?ALM SPRING CALIFORNIA 1 L By ,' -Deputy City Clerk Y REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1086 was duly adopted by the City Council of the City of Palm Springs, CaliEornia, in a meeting thereof held on the 7th day of February, 1979, and that a summary..of same :was 'p'ub- lished inf?THE DESERTy,SUN, 'a newspaper of'i'generalc circulation-on January 24, and February 13, 1979. DONALD A. BLUBAUGH �ity Clerk' BY: JUDITH SUMICH ' Deputy City Clerk I ORDINANCE NO. 1087 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE 1978 NATIONAL ELECTRICAL CODE, 1978 EDITION, AND ALL APPENDICES, TABLES, AND INDICES FOLLOWING; ALL PROVIDING MINIMUM STANDARDS TO SAFE- GUARD LIFE, PROPERTY, AND PUBLIC WELFARE BY REGULATING AND CONTROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIAL, MAIN- TENANCE, AND CONTINUING SAFETY OF ALL BUILDINGS AND STRUCTURES, AND APPURTENANT EQUIPMENT WITHIN THE CITY; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND REPEALING THE LOCAL CODES SUPERSEDED THEREBY AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . That certain Electrical Code, three (3) copies of which are on file in the office of the City Clerk of the City of Palm Springs, California, being marked and designated as "National Electrical Code, 1978 Edition," commencing with page 70-1 through page 70-629, inclusive, and each provision thereof except as amended herein, is hereby adopted ' as the Electrical Code of the City of Palm Springs by reference, pur- suant to the provisions of Section 50022.1 et seq. of the California Government Code, and all of its provisions (except as hereinafter modi- fied) shall regulate the installation, arrangement, alteration, repair, use, and operation of electric wiring, connections, fixtures, apparatus, machinery, appliances, and other electrical devices on premises within the City of Palm Springs. SECTION 2. The National Electrical Code adopted herein by reference is hereby amended by the following additions, deletions and amendments: Article 101 (added), 102 (added) , 103 (added) , 104 (added) , 105 (added), 106 (added) , 107 (added) , 305-1 (amended), in the following aspects: ARTICLE 101 - GENERAL PROVISIONS Section 101 -1 - TITLE This ordinance shall be known as the "NATIONAL ELECTRICAL CODE," may be cited as such. Section 101 -2 - PURPOSE The purpose of this Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, install - ation, quality of materials, location, operation and main- tenance of electrical systems, equipment and appliances. Section 101 -3 - SCOPE The provisions of this Code shall apply to the construction, alteration, moving, repair and use of any electrical wiring on any premises within the City of Palm Springs except as here- inafter specifically exempted. 5 d 3 5 d 4 Ord. No. 1087 Page 2 Section 101 -4 - PUBLIC UTILITIES EXEMPTION The provisions of this Code shall not apply to electrical installations performed by or for a public utility agency or corporation where such electrical installations are controlled and operated or used exclusively by the public utility agency or corporation in the conduct of its business as a public utility. Section 101 -5 - PUBLIC SCHOOLS EXEMPTION The provisions of this Code shall not apply on premises owned by a public school district where installations of electrical work are regulated and inspected by an agency for public schools inspection as provided for in State Law. ARTICLE 1,02 - ADMINISTRATION Section 102-1 - GENERAL The Building and Safety Director shall administer and enforce the provisions of this Code and applicable statues of the State of California within the City of Palm Springs in a manner consistent with the intent thereof under the super- vision and control of the Director of the Department of Community Development. Wherever the term "Bulding and Safety Director" is used here- after in this Code, the term shall be construed to also mean an authorized representative of the Building and Safety Director. ' Section 102-2 - SUBMISSION OF PLANS Plans, specifications, diagrams, and calculations shall be submitted as necessary to show clearly the location, character, and extent of electrical work covered by applications for an electrical permit. Section 102-3 - PERMITS AND FEES No person, firm, or corporation, whether acting as principal , servant, agent, contractor, or employee shall do or cause or permit to be done any electrical work regulated by this Code wthout first securing an Electrical Permit and paying a fee therefor in accordance with the Comprehensive Fee Schedule as prescribed by resolution of the City Council . Exceptions Not Requiring a Permit: 1 . Minor repair work such as replacement of lamps, switches, receptacle devices, overcurrent devices, and the like, on existing systems. 2. The repair or replacement of fixed motors, transformers, apparatus, or applicances, of the same type and rating and in the same location, on existing electrical systems. 3. Low voltage electrical wiring, devices, applicances, or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. Ord. No. 1087 Page 3 Section 102-4 - PENALTY FEE Any person who shall commence any electrical work for which a permit is required by this Code without first having obtained a permit therefor shall , if subsequently permitted to obtain a permit, pay double the permit fee fixed by this Section for such work, provided that this provision shall not apply to emergency work when it shall be proved to the satisfaction of the Building and Safety Director that such work was urgently necessary and that it was not practical to obtain a permit therefor before the commencement of work. In all cases, a permit must be obtained as soon as it is practical to do so, and if there be an unreasonable delay in obtaining such a permit, a double fee as herein provided shall be charged. Section 102-5 - REGULATION OF PERMITS The applicant for electrical permits shall be a City of Palm Springs licensed contractor possessing also an appropriate contractor's license pursuant to Chapter 9, Division 3 (Section 7000 et seq. ) of the Business and Professions Code of the State of California with classification entitling the licensee to perform personally or through his employees all activites represented in the application. Exceptions: 1 . The owner of a single-family residential property may apply for electrical permit(s) on that property provided that work I authorized under any such permit(s) shall be done by the person to whom the permit is issued, or by a member of his immediate family. 2. An electrical permit may be issued directly to the authorized representative of a governmental or other public agency for work declared to be under the competent supervision and control of that agency. Section 102-6 - TIME LIMIT Every permit issued under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 120 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 120 days. Before such work can be recommenced, a new permit shall be first obtained so to do. Section 102-7 - SUSPENSION OR REVOCATION OF PERMIT The Building and Safety Director may suspend or revoke any permit issued under the provisions of this Code whenever such permit is issued in error, or is issued on the basis of incorrect information supplied, or has been obtained by falsification or misrepresentation, or when work is being done thereunder in violation of this or any other related ordinance or regulation. 5 d 5 06(1 5 d 6 Ord. No. 1087 Page 4 ARTICLE 103 - INSPEC'.TION Section 103-1 - INSPECTION (a) The Building and Safety Director shall inspect all work authorized by any permit to assurE! compliance with provisions of this Code or amendments thereto, approving or condemning said work in whole or in part as conditions require. (b) Advance Notice. It shall be the duty of the person doing the work authorized by the permit to notify the Building and Safety Director that said wort: is ready for inspection. Such notification shall be given not less than 24 hours before the work is to be inspected. (c) Permission to Cover Work. It shall be unlawful for any person to lath over, seal , cover or conceal any electrical wiring or other electrical equipment, for the install- ation of which a permit is provided herein, until such electric wiring or other electrical equipment shall have been inspected and approved by the Building and Safety Director. (d) Uncovering. Said Building and Safety Director shall have the authority to remove, or to require the removal of any obstruction which prevents proper inspection of any electrical equipment. (e) Approval . Upon the completion of the electrical wiring ' in or on any building or structure of any nature, or tent, or premises, except as otherwise exempted in this Code, the person, firm or corporation installing the same shall notify the Building and Safety Director, who shall inspect such installation, and if it is found by him to be fully in compliance with the provisions of this Code, he shall issue, as provided for herein, the certificate of inspection or approval notice authorizing connection of the electrical service and the energizing of the installation. Section 103-2 - WORK REJECTED The Building and Safety Director shall condemn and reject all work done or being done or materials used or being used which do not in all respects comply with the provisions of this Code and amendments thereto. Section 103-3 - CORRECTIONS The Building and Safety Director shall order changes in work- manship or materials, or both, essential to obtain compliance with the provisions of this Code. All defects shall be corrected within 10 days after inspection and notification or within such other reasonable time as is permitted by the Building and Safety Director. I 001 Ord. No. 1087 Page 5 Section 103-4 - RIGHT OF ENTRY (a) Whenever it is necessary to make an inspection to enforce any of the provisions of or perform any duty imposed by this Code or other applicable law, the Building and Safety Director hereby is authorized to enter such property at any reasonable time and to inspect the same and perform any duty imposed upon the Building and Safety Director by this Code or other applicable law; provided that (1 ) If such property be occupied, he shall first present proper credentials to the occupant and request entry explaining his reasons therefor; and (2) If such property be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the property and request entry, explaining his reasons therefor. If such entry cannot be obtained because the owner or other person having charge or control of the property cannot be found after due diligence or if entry is refused, the Building and Safety Director may seek an inspection warrant pursuant to Section 1822.50 et seq of the California Code of Civil Procedure. (3) Any person who willfully refuses to permit an in- spection lawfully authorized by warrant issued pur- suant to California Code of Civil Procedure Sections 1822.50 et seq, is subject to sanctions as provided by Section 1822.57 of the California Code of Civil Procedure. Section 103-5 - REINSPECTION The Building and Safety Director is hereby authorized and empowered to make at reasonable times, thorough reinspection of the installation in or on any building, structure or premises of all electrical wiring, electrical devices and electrical material now installed or that may hereafter be installed. When the installation of any such wiring device or material is found to be in violation of this Code, the person, firm, corporation or governmental agency owning, using or operating the same shall be notified in writing and shall make the necessary repairs or changes required to place such wiring, device or material in compliance with this Code and to have such work completed within a period of 10 days after such notice, or within such other reasonable period specified by the Building and Safety Director in said notice and shall pay such fees as are required by this Code. 5 d 7 5 d 8 Ord. No. 1087 Page 6 Section 103-6 - AUTHORITY TO DISCONNECT The Building and Safety Director is hereby empowered to dis- connect or to order in writing the discontinuance of electrical service to wiring, devices or materials found to be dangerous and a hazard to life, health and property until the installation of such wiring device or material has been made safe as directed by the Building and Safety Director. Any person, firm, corporation, public utility, political subdivision or governmental agency ordered to discontinue such electrical service shall do so within 24 hours after the receipt of such written notice and shall not reconnect such service or allow the same to be reconnected until notified so to do by the Building and Safety Director. Refusal or failure or neglect to comply with any such notice or order shall be considered a violation of this Code. Section 103-7 - STOP ORDERS Whenever any work regulated by this Cade is being done contrary to the provisions thereof, the Building and Safety Director may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done. And any such persons shall forthwith stop such work until author- ized by the Building and Safety Director to proceed with the work. Section 103-8 - CONNECTION It shall be unlawful to energize or cause or permit to be energized any electrical wiring coming under the provisions of ' this Code, until such electrical wiring shall have been inspected and approved by the Building and Safety Director. Provided, however, that temporary permission may be given to furnish electric current to, or the use of electric current through any electrical wiring for a length of time not exceeding 30 days or other reasonable period, if it appears to said Building and Safety Director that such electrical wiring may be used safely for such purpose, and that there exists an urgent necessity for such use, such as for testing of installed equipment. ARTICLE 104 - REQUIREMENTS FOR INSTALLATION METHODS AND MATERIALS Section 104-1 - INSTALLATION All electrical installations shall be in conformity with the provisions of this Code and all applicable statutes of the State of California. Where no specific type or class or material , or no specific standards are prescribed by this Code, or by the National Electrical (:ode, conformity with a standard designated by the Building and Safety Director shall be prima facie evidence of conformity with an approved standard for safety to life and property. Section 104-2 - MATERIALS All electrical materials, devices, appliances and equipment shall be in conformity with the provisions of this Code, and shall be in conformity with approved standards for safety to life and property. Ord. No. 1087 Page 7 Section 104-2 - MATERIALS (Cont'd) Listing, labeling or marking, as conforming to the Standards of the Underwriters' Laboratories, Inc. , the National Bureau of Standards, the United States Bureau of Mines, or other nationally recognized testing organization, shall be prima facie evidence of conformity with the approved standards for safety to life and property. Section 104-3 - ALTERNATE MATERIALS AND METHODS Nothing in this Code is intended to prevent the use of any material , applance, installation, device, arrangement or method of construction not specifically prescribed, provided any such alternate has been approved by the Building and Safety Director. The Building and Safety Director may approve any alternate that is found to be satisfactory and does not lessen pro- visions for safety or health required by this Code. Such approval shall be based upon submittal of substantiating data and including, but not limited to, performance character- istics, measurements, calculations, diagrams, equipment and construction factors, where applicable. Section 104-4 - USED MATERIAL Previously used construction materials shall not be reused except ' as follows: Previously used industrial apparatus and processing equipment may be reinstalled provided it complies with all applicable provisions of this Code. Section 104-5 - EXISTING INSTALLATIONS No provision of this Code shall be deemed to require a change in any portion of electrical systems or any other work regu- lated by this Code in or on an existing building or lot when such work was installed and is maintained in accordance with law in effect prior to the effective date of this Code, except when any such electrical system or other work regulated by this Code is determined by the Building and Safety Director to be in fact dangerous, unsafe, or a nuisance, and a menace to life, health or property. Section 104-6 - ADDITIONS, ALTERATIONS, RENEWALS AND REPAIRS Additions, alterations, renewals and repairs to existing installations shall be made in accordance with the provisions of this Code. EXCEPTION: Minor additions, alterations, renewals and repairs to existing installations when approved by the Building and Safety Director may be installed in accord- ance with the law in effect prior to the effective date of this Code. 5 d 9 5 d 10 Ord. No. 1087 Page 8 ARTICLE 105 - UTILITIES AND SERVICE INSTALLATIONS Section 105-1 - UTILITIES (a) All utilities for direct service to subdivisions, building sites and structures shall be installed under- ground. The owner or developer is responsible for com- plying with the requirements of this section and shall make all the necessary arrangements as required by the serving utilities for the installation of such facilities. (b) Service-entrance conductors, feeder conductors and branch circuit conductors shall not be run overhead between structures on the same site. Section 105-2 - SERVICE INSTALLATIONS (a) SERVICE ENTRANCE AND METER WIRING, The latest type of service entrance and meter wiring, as adopted by the local utility company, shall be installed. (b) EXISTING SERVICE ENTRANCE. For installations where existing service entrance equipment is remodeled and the connected load does not exceed 12 KW, No. 6 conductors in 1 inch raceway with at least a 60 ampere disconnect may be installed. If equipment is relocated, service shall be 100 ampere minimum capacity. (c) DISCONNECT ON NEW SINGLE-FAMILY DWELLINGS. All new single-family dwellings shall have a minimum of 100 ampere main disconnect. (d) SERVICE LOAD. The main switch and/or distribution panel of a dwelling occupancy shall have an adequate capacity and space to carry the calculated load, plus an 8 KW future with four (4) spare spaces at the time of final inspection. The 8 KW load is not to be reduced by the demand factor. (e) METERED SYSTEMS IN SEPARATE RACEWAYS. The conductors of different metered systems shall not occupy the same raceway after they leave the service enclosure. (f) MOBILEHOME PARKS. In mobilehome parks, the electrical load for air conditioning that is either expressly planned or reasonably expected to be added shall be calculated at a 100% factor and this consideration shall be added to the standard National Electrical Code service and feeder calculation requirements. OG5 Ord. No. 1087 ARTICLE 106 - ALUMINUM CONDUCTOR LIMITATIONS Section 106-1 - RACEWAYS No aluminum conductor wiring in sizes smaller than No. 8 shall be installed within or on combustible construction unless enclosed in a metallic raceway. ARTICLE 107 - VIOLATIONS AND PENALTIES Section 107-1 - VIOLATIONS AND PENALTY Every person who violates any of the provisions of this Code is guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted , and upon conviction is punishable by a fine not exceeding $500 or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. ARTICLE 305 -• TEMPORARY WIRING Section 306-1 - SCOPE (b) Temporary electrical power and lighting installations shall be permitted for a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes, and for experimental or development work. Temporary electrical power for Christmas tree sales lots shall be permitted provided that proper permits and inspections are obtained for a temporary power pole installation upon the business premises. SECTION 3. VALIDITY. If any section, subsection, clause or phrase of this ordinance is for any reason held by a court of competent juris- diction to be invalid, such a decision shall not affect the validity of the remaining portions of 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, subsections, sentences, clauses or phrases be declared invalid. 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. 5 d 11 066 5 d 13 Ord. No. 1087 Page 10 The foregoing Ordinance was introduced after reading of the title and of the titles of the Codes adopted thereby, before the City Council of the City of Palm Springs, California, at the regular meeting of the City Council held on January 17, 1979, and 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 February 7, 1979, by the following vote, to wit: AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: ,,— \ CITY ;PALM SPRINGS�ALIIFO`RNIFA� 6puty City Clerk M r REVIEWED & APPROVE / I IEREBY CERTIFY that the foregoing Ordinance 1087 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of February, 1979, and that a summar-y -of 'same was piib',lish- ed in -THE' DESERT-- SUN;b'a newspaper-lof2- general circulation on January 24, 1979 and February 13, 1979. DONALD A. BLUBAUGH City Clerk /—� BY: JUDITH SUMICH Deputy City Clerk 00 . ORDINANCE NO. 1088 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 1. 08. 050 TO THE PALM SPRINGS MUNICIPAL. CODE PROVIDING FOR CITY COUNCIL DESIGNATION OF EMPLOYEES AND OFFICERS AUTHORIZED TO ISSUE ARREST CITATIONS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 1. 08 of the Palm Springs Municipal Code is hereby amended by the addition thereto of a new section, to be numbered 1. 08. 050 , and reading as follows : 1. 08. 030 Issuance of citations by designated offi- cers and employees. Officers and employees of the city who have the discretionary duty to enforce a statute or ordi- nance may, pursuant to Section 836. 5 of the Penal Code and subject to the provisions hereof, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the officer' s or employee ' s presence which he or she has the discretionary duty to enforce, and to issue a notice to appear and to release such person on his or her written promise to appear in court, pursuant to Section 853. 6 of the Penal Code . No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority herein conferred, unless such officer or employee is within a classification of city officers and employees designated by resolution of the city council to exercise such arrest and citation authority as to specified misdemeanor vio- lations. The city manager shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary pre- requisites to proper prosecution for violations thereof , the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the police depart- ment for filing with the court, after review for legal sufficien- cy. 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 di- rected 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 7th day of February 1979. 8 a 1 8 a 2 Ord. No. 1088 Page 2 AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES : None ABSENT: None ATTEST:- CITY O' 3YAL/ M SPRING CALIFORNIA Z i a L/or g'Deuty City Clerks� �j'�ry REVIEWED & APPROVED f[�� I HEREBY CERTIFY that the foregoing Ordinance 1088 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of February, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation., on February 14, 1979. DONALD A. BLUBAUGH City Clerk EY JUDITH SUMICH Deputy City Clerk Vf 4i.� ORDINANCE NO. 1089 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.22.030 OF THE PALM SPRINGS MUNICIPAL CODE, RELATING TO MEETINGS OF THE DOWNTOWN DEVELOPMENT ADVISORY COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 2.22.030 of the Palm Springs Municipal Code is hereby amended to read as follows: 2. 22.030 Meetings - Rules of procedure. The Commission shall meet on t e call of the City Manager or a majority of the Community Redevelopment Agency or a majority of the Commission at such time and place as shall be fixed by the Board by its standing rules. A majority of the existing appointed members of the 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 meetings, the Commission is bound by the provisions of the Ralph M. Brown Act of the State of California (Sections 54950, et seq. , California Government Code). 1 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 circu- lation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 7th day of March 1979. AYES: Councilmembers Beadling, Field, Rose and Mayor Beirich NOES: None ABSENT: Councilmember Doyle A TES CI=4,�SPRI S CORNIA B Deputy City Clerk �Mbyor REVIEWED & APPROVED I IIEREBY CERTIFY that the foregoing Ordinance 1089 was duly adopted by the I City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of March, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 15, 1979. DONALD A. BLUBAUGH City C`e k Y: JUDITH SUMICH Deputy City Clerk 9 a ORDINANCE NO. 1090 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING A M013ILE HOME RENT REVIEW COMMISSION, ESTABLISHING A MOBILE HOME SPACE RENTAL ROLLBACK, ALLOWING CERTAIN SPACE RENTAL INCREASE'S AND REPEAL- ING- ORDINANCE NO. 1085 AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Policy. A hearing conducted by the City Council on October 18, 1978, and a subsequent survey of mobilehome park tenants established that there is presently within the City of Palm Springs, California, a shortage of spaces for the location of mobile homes. Because there is a shortage there is a low vacancy rate, which has in turn contributed to a substantial number of recent excessive increases in space rentals. If these increases continue, some people will be unable to pay, displace- ments will occur and this will be detrimental to the public health and welfare. Because of the high cost of moving mobile homes, the potential for damage resulting therefrom, the requirements relating to the install - ation of mobile homes, including permits, landscaping and site prepa- ration, the lack of alternative homesites for mobile home residents and the substantial investment of mobile homeowners in such homes, the City Council finds and declares it necessary to protect the owners and occupants of mobile homes from excessive rent increases while at the same time, recognizing the need of the park owners to receive a "just and reasonable return" on their property and rental increases sufficient to cover the increased cost of items such as, land rental , repairs, maintenance, insurance, upkeep and additional amenities. The City Council believes, however, that permanent space rent control localized to the City of Palm Springs would be inconsonant: with the system of free enterprise and initiative, and would tend to aggravate and prolong the shortage of spaces available to rent, and to discourage investments in mobile home parks, and to reduce incentive to improve or sustain a desirable environment within mobile home parks. However, such controls at the present time on an interim basis are deemed necessary in the public interest pending a more appropriate response to the problems involved, on a statewide basis by the California Legislature or electorate. SECTION 2. Definitions. (1 ) "Commission. " The Mobile Home Rent Review Commission established by Section 4 of this Ordinance. (2) "Members. " Commissioners of the Mobile Home Rent Review Commission. (3) "Space Rent. " The consideration, including any bonus, benefits or gratuity demanded or received in connection with the use and occupancy of a mobile home space in a mobile home park, or for the transfer of a lease for park space, services and amenities, subletting and security deposits, but exclusive of any amounts paid for the use of the mobile home dwelling unit. (4) "Mobile Home Park Owner" , "Owner," or "Landlord. " The owner, lessor, operator or manager of a mobile home park within the purview of this Ordinance. 9 b 1 0711 'tl. d 9b 2 Ord. No. 1090 Page 2 (5) "Mobile Home Tenant" or "Tenant. " Any person entitled to occupy a mobile home dwelling unit pursuant to ownership thereof or a rental or lease arrangement with the owner thereof provided that each mobile home park space shall be limited to one signature on a petition as set forth hereinafter, notwithstanding the fact that a space may be occupied by more than one tenant. SECTION 3. Space rental Moratorium and Rollback. Beginning on the effective date of this Ordinance and continuing until June 30, 1980, or until such time as the State Legislature or electorate establishes a procedure for the adjustment and/or regulation of space rents on a long- term basis, whichever occurs first, the maximum rental and incidental service charges to a tenant each month shall be limited to an amount determined by the following formula, provided that in no event shall rent increases occur more than once in any twelve-month period. FORMULA The base monthly rental and service charges multiplied by a fraction, the numerator of which is the latest Consumer Price Index for all Urban Consumers (Los Angeles-Long Beach-Anaheim Metropolitan area, all items, Base Period - 1967 equals 100) (CPI) as prepared by the United States Department of Labor for the month which is two months prior to the month during which the calculation must be made in order to give a 60-day notice to tenants as required by law, and the denominator of which shall be the Consumer Price Index for all Urban Consumers (Los Angeles-Long Beach-Anaheim Metropolitan area, all items, Base Period - 1967 equals 100) (CPI) as prepared by the United States Department of Labor as of the month which is twelve (12) months preceding the month used in the numerator. The "base monthly rental and service charges" are defined as the monthly rental and service charges that existed on September 30, 1978, or the monthly rental and service charges that have subsequently been charged pursuant to this Ordinance. Space rents shall not be increased beyond the amount arrived at by application of the formula, except as provided in subsection (3) and (5) below unless any such increase exceeding the formula set forth above is approved by the Commission as provided hereinafter. The maximum space rent in the City of Palm Springs shall be subject to the following provisions: (1 ) For a space which was rented as of September 30, 1978, and continued to be rented thereafter to one or more of the same persons, the rent shall not exceed that in effect on September 30, 1978 except that rents may be increased as provided above. The level of park ser- vices provided to the space on that date shall not be reduced. (2) For a space which was not rented as of September 30, 1978, but was subsequently rented and continued to be rented to one or more of the same persons, the rent shall not exceed that in effect on the date the rental unit is re-rented after September 30, 1978, so 'long as such unit continues to be rented to one or more of the same persons except that rents may be increased as provided above. The level of park services provided to the space on the re-rental date shall not be reduced. (3) For a space voluntarily vacated on or after September 30, 1978, and prior to the expiration of this ordinance, if the vacancy was voluntary, i.e. , not the result of an eviction, whether for just cause or otherwise, or the result of owner refusal to renew a periodic tenancy of lease agreement, then the rent may be increased upon the re-rental of the space. So long as such space continues to be rented to one or more of the same persons, such rent shall not exceed that in effect on the date the space is re-rented, except that rents may be increased as provided above, nor shall the level of park services provided on that re-rental date be reduced. Ord. No. 1090 Page 3 (4) For spaces vacated other than voluntarily after September 30, 1978, the rent for such space shall not thereafter exceed the rent in effect immediately prior to such involuntary vacation, unless the space is subsequently voluntarily vacated, except that: rents may be increased as provided above. The level of park services provided prior to such involuntary vacation shall not be reduced. (5) Rents may be adjusted by the Commission to alleviate hardships to owners if they occur, under procedures set forth in Sections 4 through 7. (6) That portion of the maximum rental and incidental service charges that is allowable pursuant to this section shall be offset and reduced by two-thirds (2/3) of the excess of the amount of real and personal property taxes and assessments for the calendar year ending December 31 , 1977, over the real property and personal property taxes and assessments for the current calendar year for which the rent compu- tation is being made unless it can be demonstrated by the owner of a mobilehome park that such reduction in real or personal property taxes did not in fact occur, or in the alternative, that credits have already been granted to the tenants in the form of rebates, reduced rentals or the absence of any rent increase since December 31 , 1977, (where in- creases would have been justified had the above formula been applied) . (7) Nothing in this Section shall apply to any increase agreed to in a lease which was entered into prior to September 30, 1978. SECTION 4. Rent Review Commission. ' (1 ) There is hereby created within the City of Palm Springs, a Mobile Nome Rent Review Commission, consisting of five (5) members, the membership of which shall be appointed by the City Council to serve at the Council ' s pleasure. (2) Individuals selected shall be chosen so far as possible from individuals with no bias, and toward this end, members may be chosen from non-residents as well as residents of the City. In this connection, mobile home owners, renters or park owners should not be appointed unless the Council feels that such individuals, notwithstanding their involvement, would be fair and impartial in all cases. (3) Members of the Commission shall serve indefinitely while this Ordinance remains in effect unless sooner removed by Council . A vacancy in the Commission shall not impair the right of the remaining members to exercise the powers of the Commission. Three (3) affirmative votes are required for a ruling or decision. Members of the Commission shall comply with Chapter 2.06 of the Palm Springs Municipal Code in all aspects where it is not inconsistent with this Ordinance. (4) All candidates for commissioner shall disclose in a verified statement all present holdings and interests in real property, including I interests in corporations, trusts, or other entities with holdings in real property within this jurisdiction as defined by California Govern- ment Code Section 82035. Such disclosure shall be filed with the City Clerk not less than ten (10) days after their appointment. Disclosure of holdings required herein shall be in addition to any other disclosure required by State or local law for holders of public office. 9 b 3 9 b 4 Ord. No. 1o90 Page 4 (5) Members of the Commission shall not be compensated for their Services on the Commission, but shall be entitled to receive the sum of thirty dollars ($30.00) per person, per hearing, with a maximum of sixty dollars ($60.00) per day, when hearing complaints from the tenants of a park with respect to a rent increase by the park ownership as herein- after provided. SECTION 5. Powers and duties of 'the Commission. Within the limitations provided by law, the Commission s all have the following powers and duties: (1 ) To meet from time to time as requested by the City Manager of the City of Palm Springs, or upon the filing of a petition, and to Utilize City offices and/or facilities as needed and as available. (2) To receive, investigate, hold hearings on and pass upon the petitions of mobile home tenants as set forth in this Ordinance. (3) To 'make or conduct such independent hearings or investigations as may be appropriate to obtain such information as is necessary to carry out its duties, and to delegate its power to hear individual rent adjustment petitions to its individual members as hearing examiners or to panels of one or more commissioners. The Board shall review and make the final determination based upon the findings of such hearing examiners or panels. (4) To adjust maximum rents either upward or downward (but in no I event may rents be reduced below those in effect on September 30, 1978) if it finds them excessively high, or make no adjustment upon completion of the hearings and investigations. In evaluating whether the rent increase proposed or effected by the mobile home park owner, operator or manager is or is not excessive, the Commission shall consider, among other relevant factors, changes in costs to the owner attributable to increases or decreases in master land and/or facilities lease rent, utility rates, property taxes, insurance, advertising, variable mortgage interest rates, governmental assessments and fees, incidental services, normal repair and maintenance; and other considerations including but not limited to, capital improvements, upgrading and addition of amenities or services, net operating income, as well as a just and reasonable return on the owner' s property. (5) To render, at least semi-annually, a written report to the City Council concerning its activities, rulings, actions, results of hearings and all other matters pertinent to this Ordinance which may be of interest to the City Council . (6) To adopt, promulgate, amend and rescind administrative rules of procedure. Nothing in this subsection shall be construed as authority for the Commission to make any rules affecting the substantive rights of either Owners or Tenants. (7) To maintain and keep at City Hall , mobile home rent review hearing files and dockets listing the time, date and place of hearings, the parties involved, the addresses involved and the final disposition of the petition with appropriate findings. Ord. No. 1090 Page 5 (8) To assess such amounts of money against: the petitioners or respondents upon the conclusion of the hearing as may be reasonably necessary to recover fees and costs of the members of the Commission in accordance with the provisions set forth in Section 4, Paragraph 5, not to exceed the total sum of three hundred dollars ($300.00) , and to assess such additional amounts of money against petitioners or respondents upon the conclusion of the hearing, as may be reasonable to compensate for clerical duties under this Section, not to exceed three hundred dollars ($300.00) , or a combined total of not to exceed six hundred dollars ($600.00) per hearing. SECTION 6. Initiation of Commission Review and Hearinq_Process. (1 ) Upon the written petition made under penalty of perjury of more than fifty percent (50%) of the tenants of any mobile home park, who will be affected by a proposed rental and/or service charge or who have been affected by a rental and/or service charge increase which is the subject of the petition, provided said petition is filed within thirty (30) days after receipt of notice of the proposed increase or within thirty (30) days after the effective date of this Ordinance, whichever is later, the Commission shall hold a hearing no sooner than ten (10) days, and no later than thirty (30) days after receipt of said petition, at a place and time to be set by the Commission, to determine whether or not the rental or service charge increase is so great as to be excessive. A reasonable continuance may be granted if stipulated to by both parties or at the Commission's discretion. (2) Notwithstanding Paragraph (1 ) above, the terms of this Ordinance shall not apply to any space rental increase which is equal to or less than the amount arrived at by applying the formula which utilizes the CPI set forth in the first paragraph of Section 3 above, nor shall it apply to any increase agreed to in a lease which was entered into prior to September 30, 1978. (3) The petition shall be accompanied by a cash deposit in the sum of three hundred dollars ($300.00) , all or any part of which may be assessed against the petitioners for costs pursuant to Section 4, Paragraph (8). The balance, if any, shall be refunded upon the conclusion of the hearing and submission of findings by the Commission. (4) Upon receipt of the petition, the Commission shall notify the mobile home park owner, operator or manager in writing of the petition and shall require from the respondent a like cash deposit in the amount of three hundred dollars ($300.00), all or part of which may be assessed against the respondents for fees and costs pursuant to Section 5, Paragraph (8) . The balance, if any, shall be paid or refunded, as appropriate, upon the conclusion of the hearing and submission of findings by the Commission. SECTION 7. Conduct of Commission Review and Hearing Process. (1 ) In holding said meetings, 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). 9 b 5 9 b 6 Ord. No. 1090 Page 6 (2) All parties to a hearing may have assistance in presenting evidence or in setting forth by argument their position, from an attorney or such other• person as may be designated by said parties. All witnesses shall be sworn in prior to giving testimony. (3) In the event that either the petitioner or the respondent should fail to appear at the hearing at the specified time and place, the Commission may hear and review such evidence as may be presented and make such decisions just as if both parties had been present. (4) The Commission shall make a final decision no later than ten (10) days after the conclusion of its hearing on any petition. No rent adjustment shall be granted unless .supported by the preponderance of evidence submitted at the hearing except as provided by Section 3 above. All parties to a hearing shall be sent a notice of the Commission' s decision. (5) Pursuant to the findings, the Commission shall require the mobile home park owner, operator or manager to: (a) Reduce the rental or• service charges to a rate to be determined by the Commission, or (b) Continue the rental or service charges as they existed under the former lease or rental arrangement, or (c) Increase the rental or service charges to a rate set by the Commission, or to the rate requested by the mobile home park owner, operator or manager. (6) The provisions of this Ordinance shall apply to all owners of mobile home parks, including owners of mobile home parks who acquire ownership at any time subsequent to January 1 , 1978. However, the provisions of this Section shall not apply to a mobile home park that opened or will open as a new mobile home park on or after January 1 , 1978, until such park attains seventy percent (70%) occupancy. For the purpose of Section 3, the monthly rental and service charge that existed in such new mobile home park on the month immediately 'Following the month in which the park attained seventy percent (70%) occupancy shall be treated as the monthly rental and service charge that existed September 30, 1978. (7) Nothing in this Ordinance shall require a mobile home park owner, or his or her agents, to raise rents or charges to the tenants. Further, a park owner, or his or her agents, may raise rents and charges to tenants by a lesser amount than is allowed by the formula contained in this Section. (8) Any increase in space rental which has occurred since September 30, 1978, and prior to the effective date of this Ordinance which increase is subsequently disallowed by the Commission, shall be either rebated to the tenant thirty (30) days after the decision of the Commission is announced, or credited against the next rent due after the effective date of this Ordinance and any succeeding months until full credit for the increase has been applied. (9) The conclusions and findings of the Commission shall be final and there shall be no appeal rights to the City Council . Ord. No. logo Page 7 SECTION 8. Tenant' s Right of Refusal . A tenant: may refuse to pay any increase in rent which is in violation of this Ordinance provided a petition has been filed with the Commission and approved by the Commission after a hearing, and such violation shall be a defense in any action brought to recover possession of a rental unit or to collect the illegally charged rent increase. This shall be the sole and exclusive remedy available to an aggrieved tenant. SECTION 9. Retaliatory Eviction. Notwithstanding Section 8 above, in any action brought to recover possession of a rental unit 'the court may consider as grounds for denial any violation of any provision of this Article. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this Ordinance shall be grounds for denial . Any action brought within three (3) months of the determination of a petition or complaint filed with the Board by the tenant pursuant to this Ordinance shall be presumed to be retaliatory; this presumption affects the burden of proof, and is rebuttable by the owner. SECTION 10. Ordinance No. 1085 of the City of Palm Springs and any ordinances or parts of ordinances in conflict herewith are repealed. SECTION 11 . Severabilit . If any provision or clause of this Ordinance or the application t ereof to any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the ' invalid provision or clause or application, and to this end the provisions and clauses of this Ordinance are declared to be severable. SECTION 12. Non-waiverability. Any waiver, whether written or oral , by any beneficiary of this Ordinance, or any provision of this Ordinance, shall be void as against public policy. SECTION 13. Effective Period of Ordinance. This Ordinance shall remain in effect until June 30, 1980, unless sooner repealed or otherwise modified. SECTION 14. Effective Date. This Ordinance shall be in full Force and effect thirty 30 days after passage. SECTION 15. 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 7th day of March , 1979. AYES: Councilmembers Beadling, Field, Rose and Mayor Beirich NOES: None ABSENT: Councilmember Doyle ATTE � CITY OfG/�ORNIA By —�— eputy ity C-lerk yor REVIEWED & APPROVE - 9 u 7 075 P 1 HEREBY CERTIFY that the foregoing Ordinance 1090 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 7th day of March, 1979 and that a summary of same was published in THE DESERT SUN, a newspaper of general circulation, on March 2, 1979 and March 15, 1979. DOMLD A. BLUBAUGH City Clerk % { BY: SUDITH SUMICH Deputy City Clerk I I ORDINANCE NO. 1091 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF 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. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the DESERT SUN, a newspaper of general circulation, published and circulated in the City of Palm Springs and thenceforth and thereafter the same shall be in full force and effect. ADOPTED this 21st day of Mach , 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST:. CITY ALM SP7 CAL ORNIA, De ty City Clerk Mayor REVIEWED 8 APPROVED_l�� I HEREBY CERTIFY that the foregoing Ordinance 1091' was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of March, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on March 28p 1979. DONALD A. BLUBAUGH City Clerk �L Y: SUDITH SUMICH Deputy City Clerk 3 a 1 3 a 2 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADIIINISTRAT113N PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF PALM SPRINGS The Board of Administration, Public Employees' Retirement. System, herein- after referred to as "Board", and the governing body of above public agency, hereinafter referred to as "Public Agency", having entered into a contract under date of December 3, 1956, effective January 1, 1957 , and as amended effective July 14, 1965, January 14, 1973, January 1, 1975, September 5, 1976, July 1, 1977, October .15, 1978 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 10 are hereby stricken from said contract as executed effective October 15, 1978, and hereby replaced by the following paragraphs number 1 through 10 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for miscellaneous members and age 50 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1957, making, its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except such as by express provisions thereof apply only on the election of contracting agencies. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Firemen (herein referred to as local safety members) ; b. Local Policemen (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as miscellaneous members). In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS CON-702-1 4. The fraction of final compensation to be provided for each year of credited prior and current service as a miscellaneous member upon retirement at normal retirement age shall be' that provided in Section 21251.13 of said Retirement Law with all ,service prior to Social Security termination (December 31, 1974) subject to the reduction provided by said section. 5. The fraction of final compensation to be provided for each year of credited prior and current service as a safety member shall be determined in accordance with Section 21252.01 of said Retirement Law (2%. at age 50). 6. The following additional provisions of the Public Employees' Retirement Law which apply only upon election of a contracting agency shall apply to the Public Agency and its employees: a. Sections 21380-21388 (providing for allowances for survivors of members covered under the 1959 Survivor's Program upon the member's death before retirement). b. Sections 21263 and 21263.1 (providing upon the death of a member who retired for service or disability for continuance of a post-retirement survivor allowance to certain survivors). c. Section 20930.3 (allowing public service credit under the provisions of Chapter 1437, Stats. 1974, for up to four years of continuous military or merchant marine service). d. Section 20983.6 (providing that miscellaneous members attaining age 70 may continue in employment irrespective of age as members of said. System upon certification of the member's competence by Public Agency). ' 7. Public Agency, in accordance with Section 20740, Government Code, ceased to be an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law effective on September 5, 1976. Accumulated contributions of Public Agency as of the aforementioned date shall be fixed and determined as provided in Section 20759, Government Code, and accumulated contributions as of the afore- mentioned date and contributions thereafter made shall be held by the Board as provided in Section 20759, Government Code. 8. Public Agency shall ,contribute to said Retirement System as follows: a. With respect to miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as miscellaneous members of said Retirement System: (1) 0.486 percent until June 30, 2000 on account of the Liability for prior service benefits. (2) 12.278 percent on account of the liability for current service benefits. (3) 0.301 percent on account of the liability for the 1959 Survivor Program. b. With respect to local safety members, the agency shall 3 a 3 1 contribute the following percentages of monthly salaries earned as local safety members of said Retirement System: CON-702-2 0 (1) 1.169 percent until June 30, 2004 on account of the 3 a 4 liability for prior service benefits. (2) 25.986 percent on account of the liability for current service benefits. (3) 0.250 percent on account of the liability for the 1959 Survivor Program. c. A reasonable amount per annum, as fixed by the Board to cover the costs of administering said Sysi:em as it affects the employees of Public Agency, not including the costs of special valuations or of the periodical investigation and valuations required by law. d. A reasouable 'amount as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodical investigation and valuations required by law. 9. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodical -- investigation and valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjustments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders, or cash. B.' This amendment shall be attached to said contract and shall be effective on the day of , 19 Witness our hands this day of , 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF PALt4 SPRINGS BY BY Carl J. Blechinger, Executive 0 ficer p Presiding Officer Approved as to form: eAttest: Legal Office, PERS Clerk CON-702-3 0 8 1_ ORDINANCE NO. 1092 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT PRELIMINARY PLOT PLAN FOR A COMBINED GARDEN OFFICE PARK AND PRIVATE EDUCATIONAL INSTITUTION ON PROPERTY LOCATED ON THE SOUTH SIDE OF RAMON ROAD BETWEEN PASEO DE DOROTEA AND CALLE SANTA CRUZ, SECTION 19 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 94060.00-B-5d of the Palm Springs Zoning Ordinance, the official zoning map of the City of Palm Springs, referred to herein, is hereby amended as follows: Planned Development District in lieu of change of zone: The parcel of property legally shown on Exhibit "A" is approved as Planned Development District No. 92, specifically for garden offices and a private educational institution use of the property in accordance with the preliminary plot plan on file in the Department of Community Development, CASE 5.0070. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force ' effective 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 circu- lation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 18th day of April 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY 0,-'CA M SPRINGS;"iCALIFQRNIA Deputy City Clerkly Mayor ,' REVIWED & APPROVED —Q I HEREBY CERTIFY that the foregoing Ordinance 1092 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 18th day of April, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on April 28, 1979. DONALD A. BLUBAUGH City Clerk ,BY: SUDITH SUMICH Deputy City Clerk 9 b 1 �821 9 U 2 e i ell" \ ¢e n•e �/ // / A•/\\ / 0 R- 3 - G-R-5 p a \ j .1_A_H ^^ -�� .�V 3126 0 G 0 ff H R-Z l __— �R ? '. .a.2 —•'2•'� ,P/ / -R1 f - �" Y � I M.I i¢ o ////.�� a 00� - MIP 1 10 ¢ ¢ ¢ z fl-I-C N-R-� N- 1�� [•I- � R-I-D H•P i.c • 6 Y I � u R-I-��P I � a-I-c LN.R,dIrR Cg: / ¢ R 14 W ,y R.I_p R-I-D S �� ��M-I• P %': W-R-1-c 90 •° — . . M-1 IL 1.L d M-1 •.a w o \\ M I P .. M-I \ \ LL..... R. I-.0 7.o t I L. EXHIBIT "A" _ C ITY OF PALM_ SPRINGS CASE NO. 5.0070-PD 92 APPROVED BY PLAN. COMM. DATE APPLICANT H. Lapham for L. Pochter APPROVED BY COUNCIL DATE REMARKS ORD. NO. RESOL. NO. ORDINANCE NO. 1093 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING CERTAIN REGULATIONS RESTRICTING THE TIME FOR FILING OF APPLI- CATIONS REQUIRING ACTION BY THE PLANNING COMMISSION. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . From and after the effective date of this Ordinance, and for the period during which this Ordinance remains in effect, and not- withstanding any other ordinance, resolution or regulation of the City to the contrary, no City officer, employee or department shall accept any application requiring action by the Planning Commission, except on the fourth Tuesday (or the next workday if Tuesday be a holiday) of each month. SECTION 2. Section 1 of this Ordinance shall not. apply to development plans supplemental to initial applications which have been filed prior to the effective date of this Ordinance. SECTION 3. Ordinance No. 1061 , adopted April 19, 1978, is hereby repealed. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 5. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circu- lation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this f3 day "of _ May 1979, AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY OF^;PALM SPRINGS; CALIFORNIA Deputy City Clerk h Mayor r REVIEWED & APPROVED I H7REBY CERTIFY that the foregoing Ordinance 1093 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 16th day of May, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on May 21, 1979, DONALD A. BLUBAUGH City Clerk BY: JUDITH SUMICH Deputy City Clerk 6-a i i 085 ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING SECTION. 12.64.110 AND SECTION 12.64.111 TO THE PALM SPRINGS MUNICIPAL CODE CONCERNING THE USE OF ROLLER SKATES ON CERTAIN CITY STREETS. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12.64.110 relating to using roller skates on certain city streets is hereby added to the Palm Springs Municipal Code to read as follows: 12.64.110 Use of roller skates on city streets and sidewalks. No person shall propel roller skates on any public or private street or sidewalk as follows: (1) Palm Canyon Drive from Alejo Road on the north to Ramon Road on the south. SECTION 2. Section 12.64.111 relating to the posting of Section 12.64.110 (regulating the use of roller skates), is hereby added to the Palm Springs Municipal Code to read as follows: 12.64.111 Posting required. Any person who engages in the business of renting roller skates within the City of Palm Springs shall keep a copy of Section 12.64.110 posted in a conspicuous place upon the premises where such business is carried on; said copy of Section 12.64.110 to be furnished one time by the city. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 4. PUBLICATION. The city clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in THE DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 20th day of June , 1979. AYES: Councilmembers Beadling, Doyle, Rose and Mayor Beirich NOES: None ABSENT: Councilmember Field ATTEST: a CITY OF-SAM SPRINGS,-.CALIFORNIA > - g ; D y City Clerk -° Mayor REVIEWED E APPROVED GU W I IEREBY CERTIFY that the foregoing Ordinance 1094 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 20th day of June, 1979, and that same was published in THE DESERT SUN, ,a newspaper of general circulation, on June 29, 1979. DONALD A. BLUBAUGH City Clerk DITH SUMICH 5 b Deputy City Clerk 08G ORDINANCE NO. 1095 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRESCRIBING REGULATIONS FOR THE MANAGEMENT AND OPERATION OF THE PALM SPRINGS MUNICIPAL AIRPORT. ------------------- THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Chapter 11 .29 is hereby added to the Palm Springs Municipal Code, to read: CHAPTER 11 .29 PALM SPRINGS MUNICIPAL AIRPORT 11 .29.010 Title. This chapter shall be known as, and may be referred to, in all proceedings as THE PALM SPRINGS MUNICIPAL AIRPORT ORDINANCE. (Short Title - Airport Ordinance) . 11 .29.020 Authority. The provisions of this chapter have been pro- mulgated and adopted by the Palm Springs City Council in compliance with the provisions of Subchapter IV of the California Aid to Airports Program, after recommendations relating thereto have been made by the Airport Com- mission pursuant to authority contained in Chapter 2.16, as amended, of the Palm Springs Municipal Code. ' 11 .29.030 Purpose. The purpose of this chapter is to ensure that the public's health and safety is not jeopardized, that all airport users are treated in a fair, just, and nondiscriminatory manner and to promote the most effective and efficient use of the airport facilities. it 29.040 Duties and Responsibilities. The duties and responsibilities of the Airport Commission, the Director of Transportation and the Airport Operations Supervisor are: The Airport Commission is a five-member appointed advisory board that is responsible to the City Council and submits all reports, studies, and developments pertaining to airport operations to the Council with recommendations for approval or disapproval . The Director of Transportation has full responsibility and authority for planning and directing the operations of the airport and for coordinating policies and procedures with airport tenants and govern- mental agencies. The Director of Transportation shall have the authority, with the approval of the Airport Commission, to promulgate such administrative rules, regulations and procedures as are necessary to effectuate the purposes of this chapter. The Airport Operations Supervisor assists the Director of Trans- portation in developlig policies and procedures essential to the safe, effective, and efficient operation of airport facilities and assists in enforcing procedures relating to airport operations and security. The Airport Operations Supervisor assumes authority vested in the Director in the event of the latter's absence or inability to act. Day-to-day operation of the Airport is the re- sponsibility of the Airport Operations Supervisor. 7 a 1 088 7 a 2 Ord. No. 1095 Page 2 11 .29.050 Definitions. Unless otherwise specially provided or re- quired by the context, the following terms, when used in this chapter, mean: Aircraft. Any contrivance now known or hereafter invented, used, or designated for, navigation of or flight in the air. Airport. The Palm Springs Municipal Airport and includes all land dedicated to, or set aside for, airport purposes , and all access roads and streets located thereon. Airfield Area. That portion of the airport within the security perimeter fence. ATC. Air Traffic Control FAA. The Federal Aviation Administration of the United States of America, as defined in the Federal Aviation Act of 1958 as has been, or may in the future be, amended. Movement Area. The runways, taxiways, and other areas of the Air- port which are utilized for taxiing, take-off, and landing of air- craft exclusive of loading ramp and parking areas. Motor Vehicle. Any self-propelled land vehicle. Public Area. That area which includes, but is not limited to, the areas occupied by the various concessions, the restrooms, terminal lobby, walkway, ' and waiting areas. Support Agency. An agency providing aircraft fueling, aircraft maintenance services and/or aircraft ground handling services. Tower. The control facility established and operated by the FAA, including the authority exercised by the FAA for the control of aircraft and motor vehicle traffic on the airfield area of the airport and in the airspace above and within the airport traffic area 11 .29.060 General Provisions. Unauthorized Access to Airfield or Restricted Areas Prohibited. No person shall enter the airfield area without prior authorization of the Director of Transportation. No person shall enter any re- stricted area posted as being closed to the public without prior authorization of the Director of Transportation. Unrestrained Animals Prohibited. No person shall wilfully, and knowingly, permit any animal owned, possessed, or harbored by such person, to enter the airfield area, No person shall wilfully and knowingly, permit any animal owned, possessed, or harbored by such person to enter the terminal building facility unless such animal is controlled by a leash, shipping container, or some other means of direct physical restraint, except a seeing-eye dog or an animal properly confined for shipment. Ord. No. 1095 Page 3 Unauthorized Business Prohibited. No person, firm or corporation shall engage in any business or commercial activity of any nature on the Airport except in conformance with and under the authority granted by a written contract, lease, permit, or franchise approved and granted by the Palm Springs City Council . For the purpose of this provision, the following activities shall constitute conducting business: (a) The sale of any goads , wares, merchandise, or services. (b) The advertising of any business by billboard or sign. (c) The transportation of persons from within the boundaries of the Airport by bus, taxicab, limousine, rental cars, motel or hotel vehicles, whether for hire or without compensation. (d) The transporting of persons or property in any aircraft for hire from the Airport. (e) The use of aircraft on the Airport on a scheduled basis. (f) The instruction of any person in the flight of aircraft either on the airport or in the controlled airspace above the Airport. No contract, lease, permit, or franchise authorizing the conduct of ' business on the Airport shall be granted unless and until the City Council finds that such contract, lease, permit, or franchise will not endanger the public's health and safety and is necessary to promote the welfare and convenience of the public using the Airport facilities. Unauthorized Parking. No person shall park, or permit to be parked, any vehicle at any location designated as restricted as to time, use, or otherwise, upon the Airport property, such designation having been established in accordance with Section 21113 of the California Vehicle Code. Restricted areas shall be clearly marked. No person shall park, or cause to be parked, any vehicle in such fashion as will obstruct, in whole or in part, any gate established in the security perimeter fence. Unauthorized Vehicles - Movement Area. Only vehicles having and operating two-way radios with ground control frequencies will be permitted in the "Movement Area" unless prior permission has been issued by the Director or the Control Tower. Vehicles without a two-way radio with ground control frequency must arrange for an escort by a vehicle with ground control communications before per- mission will be granted by the Director and/or the Control Tower. All construction vehicles shall be marked with a checkered flag attached in a prominent place. Specific approval for entry onto the movement area must be obtained from the ATC. 7 a 3 U�1+J 7 a 4 Ord. No. 1095 Page 4 Unauthorized Activities - Public Areas. No person shall loiter, as that term is defined in Section 653.g of the Penal Code, in any waiting room, lobby, or other public area of the Airport Pre- mises or remain in any such place for a period of time longer than reasonably necessary to transact such business as such person may have to transact with any airline, business lessee or public office using or occupying the airport premises. Nor shall any person use or occupy any premises or facility at the Airport for any purpose, other than those purposes for which the particular premises or facility is designed or provided, whether said purposes be for public use or other uses not intended for the general public. Nothing in this paragraph shall be deemed to apply -to any area of the Airport leased for use as a restaurant or occupied by any other business not that of a common carrier, when the person involved is a principal or employee or invitee of said lessee or other business. 11 29 070 Aircraft Operation. All aircraft shall be operated and maintained at all times in accordance with applicable Federal , State and Local Air Regulations. All aircraft operating from the Airport shall be equipped with an operating two-way radio and capable of establishing and maintaining contact with the Palm Springs Control Tower. Field In- formation and noise abatement procedures are available from the Office of the Director, the FAA Control Tower, and are also on file in the Office of the City Clerk. 11 29 080 Aircraft Fueling and Defueling Operations. No aircraft shall be fueled or defueled while passengers are on board the aircraft unless a passenger loading ramp is at the aircraft door and the aircraft door is in the open position and a cabin attendant is present at or near the open door. No aircraft shall be fueled or defueled while the engine or engines are running or while such aircraft is in a hangar or enclosed space. No person shall smoke within fifty feet of an aircraft being fueled or defueled. No person shall operate any radio transmitter or receiver or switch electrical appliances on or off in an aircraft during fueling or defueling. During fueling or defueling operations , the aircraft and the fuel dispensing apparatus shall both be grounded to a point or points of zero electrical potential . All fuel tenders shall: be positively grounded, tender to aircraft and tender to ground during all times they are being used to service aircraft being commercially operated or any other aircraft weighing in excess of 12,500 pounds at maximum certificated gross weight. Persons engaged in fueling and defueling shall exercise extreme care to prevent overflow or spillage of fuel . In case of overflow or spillage, the Palm Springs Fire Department and Airport Operations Supervisor shall be notified immediately. The involved aircraft or vehicles shall not be moved nor shall engines be started until the Airport Operations Supervisor or Fire Chief gives his consent. No person shall use any material during fueling or defueling of aircraft that is likely to cause a spark or be a source of ignition. 091 Ord. No. 1095 Page 5 11 .29.090 Violation - Misdemeanor. Any person who violates or wil- fully fails to comply with any provisions of this chapter is guilty of a misdemeanor. 11 .29.100 Violation - Continuing. Each person, firm, or corporation is guilty of a separate offense for each day or portion thereof during which any violation of any provision of this chapter is committed, contin- ued or permitted by such person, firm or corporation, and shall be punish- able therefor as herein provided. 11 .29.110 Penalty. Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine of not more than $500 or by imprisonment in the City Jail or in the Riverside County Jail for a period of not more than 6 months or by both such fine and imprisonment. 11 .29.120 Severabilit and Savings, If any section, sub-section, sentence, c ause, or p rase of this chapter is for any reason held to be invalid or unconstitutional such decision shall not affect the validity of the remaining portions of this chapter. If any provision of this chapter is in conflict with or contrary to the rules and regulations of the Federal Aviation Administration that are now in effect or as hereafter may be pro- mulgated, that provision in this chapter shall be void and the rules and regulations of the Federal Aviation Administration shall prevail . 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 3rd day of July 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATT CITY OF PALK'SPRINGS, CALIFORNIA Deputy City Clerk Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordin ce 095 was duly adopted by the City Council of the City of Palm Springs, alifornia, in a meeting thereof held on the 3rd day of July, 1979, and that a summary. of same was published in THE DESERT1-SUN;1-avriew9paper of gendtal°circulation;=on,June 26, 1979 and July 11, 1979. DONALD A. BLUBAUGH City C1er JUDITH S CH Deputy City Clerk 7 a 5 .092 ORDINANCE NO. 1096 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUSPENDING ORDINANCES 1068 AND 1070, RELATIVE TO SEWER SERVICE CHARGES AND SEWER CONNECTION FEES. THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 , FINDINGS AND PURPOSE: On June 21 , 1978, the City Council of the City of Palm Springs, adopted, Ordinance 1068, as an urgency measure, and on June 27, 1978, adopted Ordinance 1070, both relating to prescribing sewer service charges and sewer connection fees. Such fires and charges were pre- viously adjusted by resolution of the City Council , pursuant to Municipal Code Section 15.24.010, and were adjusted in the same manner by Resolution 12671 , on June 21 , 1978. The need for adjusting said fees was determined by the City Council to provide sufficient revenues to finance expansion of the City' s sewage treatment plant and facilities to meet public health and welfare needs. The City Council now finds that .the adjustment of such fees and charges by resolution, pursuant to Municipal Code Section 15.24.010, is a more practical legislative procedure. SECTION 2. Ordinances 1068 and 1070 are hereby suspended, effective July 1 , 1979, but shall not be repealed until such time as there shall be a final determination by a court of competent jurisdiction that the adjustment of sewer service charges and sewer connection fees does not constitute imposition of a ' tax as that term is used in Article XIII A of the California Constitution; or until further action of the City Council . SECTION 3, EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage, and shall become operative on July 1 , 1979. SECTION 4. PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance, and to cause same to be published once in the DESERT SUN, a daily newspaper of general circulation, printed, published and circulated in the City of Palm Springs, California. ADOPTED this 3rd day of July , 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATT CITY OF ALM SPRINGS CALIFORNIA Deputy City Clerk M6yor REVIEWED & APPROVED I HEREBY CERTIFY th the foregoing Ordinance 1096 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of July, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on July 11, 1979. DONALD A. BLUBAUGH City Clerk PJUDITll SUMICH Deputy City Clerk $ a 0 ORDINANCE NO. 1097 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 12.64.100 OF THE PALM SPRINGS MUNICIPAL CODE, CONCERNING THE USE OF SKATEBOARDS ON CERTAIN CITY STREETS. THE CITY COUNCIL OF THE CITY OF' PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. Section 12.64.100 of the Palm Springs Municipal Code, relating to the use of skateboards on certain city streets, is hereby amended to read as follows: 12.64.100 Use of skateboards on city streets and sidewalks. No person shall propel a skateboard on any public or private street or sidewalk as follows: (1) Palm Canyon Drive from Alejo Road on the north to Ramon Road on the south. SECTION 2. EFFECTIVE DATE. This Ordinance shall he 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 3rd day of July , 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY OF,AALM SPRIggNGS, CALIFORNIA Lt De ty City Clerk Mayor I 4' REVIEWED & APPROVED i I HEREBY CERTIFY that the foregoing Ordinance 1097 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of July, 1979, and that same was published in TIE DESERT SUN, a newspaper of general circulation, on July 11, 1979. DONALD A. BLUBAUGH City Clerk Peputy UDUMICH City Clerk 9 a 094 I 095 ORDINANCE NO. 1098 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING PORTIONS OF SECTION 9215.00 (C-D-N ZONE) OF THE PALM SPRINGS ZONING ORDINANCE REGULATING DEVELOPMENT STANDARDS OF NEIGHBORHOOD SHOPPING CENTERS THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN, AS FOLLOWS: SECTION 1 . Section 9215.01-A of the Palm Springs Zoning Ordinance dealing with uses permitted in the C-D-N Zone is hereby amended to delete "Coffee Shops" therefrom. SECTION 2. Section 9215.01-B of the Palm Springs Zoning Ordinance is hereby amended to add numeral "1 " to the first paragraph thereof and to add the following: 2. Food service facilities of all types (except drive-in and drive through types). SECTION 3. Section 9215.02 of the Palm Springs Zoning Ordinance is hereby amended to delete "Restaurants and Night Clubs" therefrom and add "nightclubs as a primary use. " SECTION 4. Section 9215.03A of the Palm Springs Zoning Ordinance is hereby amended to read as follows : Each neighborhood shopping center shall have a minimum site area of 5 acres and a maximum of 12 acres. SECTION 5. Section 9215.03-D-2 of the Palm Springs Zoning Ordinance is hereby amended to read as follows : 2. Where the C-D-N Zone fronts, sides, or rears on a street, there shall be a minimum yard abutting said street as follows : a. Twenty-five (25) percent of the total site frontage may have buildings constructed 25 feet from the property line. The remainder of the site must observe a yard of 50 feet from property line. b. All parking must be set back a minimum of 20 feet from property line. A decorative masonry wall or landscaped mounding not less than 2 1/2 feet in height shall be in- stalled between the property line and the parking area. SECTION 6. EFFECTIVE DATE, This Ordinance shall be in full force and effect thirty (30) days after passage. 8 a 1 0 9 G 8 a 2 Ord. No. 1098 Page 2 SECTION 7. 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 circu- lation, printed, published and circulated in the City of Palm Springs, California. ' ADOPTED this 18th day of July 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST: CITY OF,'.PALM SPR-ING�; ORN CALM IA. , By Deputy City Clerk y Mayor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1098 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 18th day of July, 1979, and that Name was published in THE DESERT SUN, a newspaper of general circulation, on July 26, 1979. DONALD A. BLUBAUGH City Clerk 9D'eputy SUMICH City Clerk r ORDINANCE NO. 1099 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE UNIFORM BUILDING ' CODE, 1976 EDITION, PROVIDING MINIMUM STANDARDS TO SAFEGUARD LIFE, PROPERTY, AND PUBLIC WELFARE BY REGULATING AND CON- TROLLING THE DESIGN, CONSTRUCTION, QUALITY OF MATERIALS, USE AND OCCUPANCY, LOCATION, MAINTENANCE, AND CONTINUING SAFETY OF ALL BUILDINGS AND STRUCTURES, APPURTENANT EQUIP- MENT, AND GROUNDS IMPROVEMENTS WITHIN THE CITY; AND REPEALING THE PORTIONS OF LOCAL CODES SUPERCEDED THEREBY AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THERE- WITH. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . The Uniform Building Code previously adopted by reference is hereby further amended by the following amendments : Sections 3802(b)8, 3802(b)9, and 3203(b) , in the following aspects: Amend Section 3802(b)8. In all groups A, B, E, and R occupancies where the gross floor area exceeds 10,000 square feet or the fire flow requirements for the building exceed 2,000 gallons per minute (I.S.O. guide for determination of fire flow) or buildings four or more stories in height or any buildings built which are beyond a five minute Fire Department emergency response time as defined from time to time by resolution of the City Council . NOTE: A two-hour fire resistive separation wall as noted in Section 505(d) does not constitute an area separation wall for the purposes of this Section. Amend Section 3802(b)9. In Group A dining and drinking estab- lishments having a total gross floor area of 4,000 square feet or more or Group A public assemblies with an occupant load of 100 or more above the first story of the building. Amend Section 3203(b) Defin itions. WOOD SHAKES are tapered or non-tapered pieces of Western red cedar or redwood of random widths ranging from Four inches to fourteen inches and have been permanently treated with approved fire retardants , and of the following four types : 1 . Hand-split and resawn; tapered with one sawed and one split face; semi-split; tapered with partially sawn and split faces both sides, fifteen inches, eighteen inches or twenty-four inches in length. 2. Taper-split: tapered with both split faces, twenty-four inches in length. 3. Street-split: non-tapered with both split faces, either eighteen inches, or twenty-four inches in length. 1-d-4 Ord. No. lo99 Page 2 4. Taper sawn - sawn both sides - edges sawn or split. Length twenty-four inches and longer. WOOD SHINGLES are tapered pieces of Western red cedar or ' redwood, sawed both sides , of random width ranging from three inches to fourteen inches and in length of sixteen inches , eighteen inches or twenty-four inches , and have been permanently treated with approved fire retardants . SECTION 2. The prior portions ofr the "Palm Springs Building Code" which are in conflict with these new provisions are each and all hereby repealed. Also, any other ordinances or parts of ordinances in conflict with the herein ordinance are hereby repealed. SECTION 3. 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 riot affect the validity of the remaining portions of 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, subsections, sentences, clauses or phrases be declared invalid. 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. The foregoing Ordinance was introduced after reading of the Title and the Titles of the Codes amended thereby, before the City Council of the City of Palm Springs , California at the regular meeting of the City Council held on September 19, 1979, and thereafter, following public hearing pursuant to California Goverment Code Section 50022.7, the foregoing Ordinance was finally adopted at a regular meeting of said City Council held on October 3, 1979, by the following vote, to wit: ADOPTED this 3rd day of October, 1979 AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATT \ f CITY BALM SPRI S, CALIFORNIA ,.� Deputy City Clerk F ' or REVIEWED & APPROVED 6tVI I I-1EREBY CERTIFY that r e foregoing Ordinance 1099 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 3rd day of October, 1979, and that same was published in THE DESERT SUN, a newspaper of general circulation, on October 11, 1979. DONALD A. BLUBAUGH City plerlc —D;BY: JUl//D•ITTHH SUMICH Deputy City Cleric 0 91) ORDINANCE NO. iioo AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE UNIFORM FIRE CODE, 1976 EDITION AND ADDING APPENDIX J, REGU- LATING AND SAFEGUARDING LIFE AND PROPERTY FROM THE HAZARDS OF FIRE AND EXPLOSION; AND REPEALING PORTIONS OF THE UNIFORM FIRE CODE, 1976 EDITION AND ANY OTHER ORDINANCE OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . The Uniform Fire Code adopted previously by reference is hereby further amended by the following additions : Sections 1 .407, 1 .408, 13.301 (g) , 13.301 (h), 13.307(e) , 13.311 (c)10, 27.404(c) , Appendix J, in the following aspects: Add Section 1 .407. Extension Cords shall mean rubber or plastic insulated electrical conductors which are flexible and designed with connectors on both ends, usually a male plug and female socket. Add Section 1 .408. Flexible Cords shall mean rubber or plastic coated insulated electrical con uctors installed by the manufacturer on an appliance or fixture. Cord is designed to plug into 110 volt ' standard electrical wall outlets. Add Section 13.301 (g) . Automatic Fire Extinguishing Systems shall be installed in every building hereafter constructed of Group A, B, E, and R occupancies where the gross floor area exceeds 10,000 square feet or the fire flow requirements for the building exceed 2,000 gallons per minute or buildings four or more stories in height or any building regardless of size which is built beyond a five minute Fire Department emergency response time as defined from time to time by resolution of the City Council . NOTE: 1 . Fire flow requirements refer to the Insurance Services Office guide for determination of fire flow. 2. Only a four-hour fire resistive wall is considered accep- table for separate building classification for purposes of this Code. Add Section 13.301 (h). Automatic Fire Extinguishing Systems shall be installed in all buildings which are used for the following occupancy: 1 . Group A dining and drinking establishments having a total gross floor area of 4,000 square feet or more. 2. Group A public assemblies with an occupant load of 100 or more above the first story of the building. 1-d-1 1-d-2 Ord. No. 11oo Page 2 Add Section 13.307(e) . Upon Sale of any single family dwelling, the seller shall have installed therein, permanently wired or battery powered approved detectors of products of combustion other than heat only, commonly known as smoke detectors. The smoke detectors shall be equipped with an audible warning notification when batteries are weak or have ceased to operate. It shall also be equipped with a manual test button to check battery operation and shall meet the standards of Underwriters Laboratory (U.L. ) 2217 test and shall be installed according to N.F.P.A. Pamphlet #74 "Household Fire Warning Equipment. " (f) All existing apartment buildings which are hereafter converted to condominiums shall have approved smoke detection systems installed as follows: 1 . Buildings with less than 10,000 square feet of gross floor area shall have approved smoke detectors protecting all sleeping areas as required in Section 13.307(e) . 2. Buildings with more than 10,000 square feet of gross floor area shall have an approved, supervised combination heat and smoke detection system approved by the Chief. Add Section 13.311 (c)10. Occupancies having an existing wet standpipe system which has been determined by the Chief to have unduly difficult access for fire apparatus per Section 13.301 (b) shall be required to replace the hose and nozzle appliances as set forth in subsection (c)7 of this section. Add Section 27.404(c) . Electrical Wiripa shall be maintained in ' good and servicable condition and shall only be used as herein approved. 1 . Flexible cords shall only be used with appliances, fixtures , pendants and portable lamps. Cords shall have no splices , taps, breaks or deterioration of insulation covering. Cords shall not be run through holes in walls , ceilings, floors , doorways, windows, underneath carpeting, behind walls, ceilings, floors or attached to building surfaces by metal fasteners. Cords shall be limited to length and size in accordance with manufacturer's specifications . 2. Permanent wall outlets shall not have multi-adapters or cube taps attached to supply additional appliances. 3. Use of extension cords to supply power to appliances or fixtures shall not be allowed. Exception: Temporary use on intermittent basis. Extension cord wire gauge must be one size larger than appliance cord. 4. Permanent type wiring shall not be installed on exterior wall surfaces unless it is enclosed in rigid metal conduit piping with enclosed junction boxes . 5. Overcurrent protection (circuit breakers or fuses) shall be provided for all conductors at a point where the conductor to be protected receives its supply. Bridging of overcurrent protection shall not be permitted. Conductors shall be pro- tected as indicated in Tables 310-16 and 310-19 of.the National Electrical Code. (See Sections 1 .407 and 1 .408 for definition of flexible cord and extension cords . ) 101 Ord. No. iioo Page 3 Add Appendix J. All hotel facilities having a capacity of 100 rooms or more shall be required, when ordered by the Chief, to develop and implement a "fire emergency plan. " The plan shall designate a fire brigade liaison officer and elements approved by the Fire Depart- ment. Those personnel who may be assigned to a fire brigade will be required to complete training classes in cooperation with the Fire Department. SECTION 2. Any part of the Uniform Fire Code, 1976 Edition in conflict herewith and any ordinance expressly modifying said Code and any ordinances or parts of ordinances in conflict herewith are repealed. SECTION 3. 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 remaining portions of 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, subsections, sentences , clauses or phrases be declared invalid. 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. The foregoing Ordinance was introduced after reading of the title and of the title of the Code amended thereby, before the City Council of the City of Palm Springs, California, at the regular meeting of said City Council held on September 19, 1979, and thereafter, following the public hearing pursuant to Section 50022.7 of the Government Code of the State of California, the foregoing Ordinance was finally adopted at a regular meeting of said City Council held on October 3, 1979, by the following vote, to wit: ADOPTED this 3rd day of October, 1979 AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None AT �« � CIT ,A LM SPRI "IN IA , By Deputy City Clerk M o REVIEWED & APPROVED v I HEREBY CERTIFI� that the foregoing Ordinance 1100 was duly adopted by. the City Council of the City of Palm Springs, California, in a meeting held on the 3rd day of October, 1979, and that same was pub- lished in THE DESERT SUN, a newspaper of general circulation, on October 11, 1979. DONALD A. BLUBAUGH City CJe BY: SUDITH SUMICH Deputy City Clerk 1-d-3 � � i <. .., . 10 ORDINANCE NO. 1101 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING DIVISION 2, CONSISTING OF SECTIONS 8.04.100 TO 8.04.180 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING LOCAL SECURITY STANDARDS FOR BUILDINGS. WHEREAS pursuant to the requirement of California Penal Code Section 14051 , the Chief law enforcement official ("Police Chief") and fire official ("Fire Chief") of Palm Springs have consulted with the chief officer of Palm Springs charged with the enforcement of laws or ordinances regulating the erection, construction, or alteration of buildings ("Building 8t Safety Director") for the purpose of developing local security standards and regulations supplemental to those adopted as part of Title 24 of the California Administrative Code relating to building standards, and WHEREAS pursuant to the aforesaid consultation, the said officers have proposed the following local security standards as a supplement to the Uniform Building Code which does not address the topic of safeguarding property and public welfare by regulation and control of the design, construction methods and materials, use, occupancy and maintenance of all buildings and structures and certain equipment, specified hereinafter, within the City of Palm Springs; THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . That the Palm Springs Municipal Code is hereby amended by adding Division 2 to Chapter 8.04, which said Division consists of sections numbered 8.04.100 through 8.04.180 and reads as follows : "DIVISION 2 BUILDING SECURITY REGULATIONS Sections: 8.04. 100 Application and Scope 8.04.110 Definitions 8,04.120 Enforcement 8.04.125 Violations and Penalties 8.04.130 Alternate Materials and Methods of Construction 8.04. 135 Board of Appeals 8.04. 140 Keying Requirements 8.04.150 Garage Type Doors - Rolling Overhead, Solid Overhead, Swinging, Sliding or Accordian Style 8.04.160 Windows and Sliding Glass Doors 8.04.170 Special Residential Building Provisions 8.04.180 Special Commercial Building Provisions 8.04.100 Application and Scope. The provisions of this Division shall apply to all activities for which a building permit is required by this Chapter. The requirements of this Division shall apply to existing buildings to the same extent as the requirements of the Uniform Building Code apply to existing buildings pursuant to Section 104 thereof. 8.04. 110 Definitions. The following terms used in this Division shall have the meanings indicated below: "APPROVED" means certified as meeting the requirements of this Division by the enforcing authority or his authorized agents, or by other officials designated by the enforcing authority to give approval on a particular matter dealt with by the provisions of this Division with regard to a given material , mode of construction, piece of equipment or device. 1-d-7 Ord. No. 1101 Page 2 "AUXILIARY LOCKING DEVICE" is a secondary locking system added to the primary locking system to provide additional security. "ASTRAGAL" a molding covering the opening between the door and door jamb or adjoining door at the location of the latch. "BOLT" is a metal bar which, when actuated, is projected (or "thrown") either horizontally or vertically into a retaining member, such as a strike plate, to prevent a door from moving or opening. "BOLT PROJECTION (OR BOLT THROW)" is the distance from the edge of the door, at the bolt centerline, to the farthest point on the bolt in the projected position, when subjected to end pressure. "BURGLARY RESISTANT GLAZING" means those materials as defined in Underwriters Laboratories Bulletin 972. "COMMERCIAL OR INDUSTRIAL BUILDING" is a building, or portion thereof, used for a purpose other than dwelling. "COMPONENT" , as distinguished from a part, is a subassembly which combines with other components to make up a total door or window assembly. Foy, example, the primary components of a door assembly include: door, lock, hinges , jamb/wall , jamb/strike and wall . "CYLINDER" is the subassembly of a lock containing the cylinder core, tumbler mechanism and the keyway. A double cylinder lock is one which has a key-actuated cylinder on both the exterior and interior of the door. "CYLINDER CORE OR CYLINDER PLUG is the central part of a cylinder containing the keyway, which is rotated by the key to operate the lock mechanism. "CYLINDER GUARD" is a hardened metal ring or plate surrounding the otherwise exposed portion of a cylinder lock to resist cutting, drilling, prying, pulling, or wrenching with common tools . "DEADBOLT" is a lock bolt which does not have a spring action as opposed to a latch bolt, which does . The bolt must be actuated by a key and/or a knob or thumb turn and when projected becomes locked against return by end pressure. "DEAD LATCH" is a spring actuated latch bolt having a beveled end and incorporating a plunger which, when depressed, automatically locks the projected latch bolt against return by end pressure. "DOOR ASSEMBLY" means a unit composed of a. group of parts or components which make up a closure for a passageway through a wall . For the purposes of this Division, a door assembly consists of the following parts : doors; hinges; locking device or devices; operation contacts (such as handles , knobs, push plates) ; miscellaneous hardware and closures ; the frame, including the head, threshold, and jambs plus the anchorage devices to the surrounding wall and a portion of the surrounding wall extE!nding 36 inches from each side of the jambs and 16 inches above the head, "DOOR STOPS" are the projections along the top and sides of a door jamb which check the door's swinging action. 105 Ord. No. 1io1 Page 3 "DOUBLE CYLINDER DEADBOLT" is a deadbolt which can be activated only by a key from either the interior or exterior of the building. "DWELLING" is a building or portion thereof designed exclusively for residential occupancy, including single family and miitiple family dwellings. "ENFORCING AUTHORITY" means the Building & Safety Director or his authorized representatives. "FLUSHBOLT" is a manual , key or turn operated metal bolt, normally used on inactive door(s) , that is attached to the top and bottom of the door and engages in the head and threshold of the frame. "FULLY TEMPERED GLAZING" means those materials meeting or exceeding ANSI Standard Z 97.1 - Safety Glazing. "JAMB" is the vertical members of a door frame to which the door is secured. "JAMB/STRIKE" means that component of a door assembly which receives and holds secure the extended loci, bolt; the strike and jamb used together are considered a unit. "JAMB/WALL" is that component of a door assembly to which a door is attached and secured; the wall and jamb used together are considered a unit. "KEY-IN-KNOB" is a lockset having the key cylinder and other lock mechanisms contained in the knob. "LATCH OR LATCH BOLT" is a beveled, spring-actuated bolt, which may or may not have a deadlocking device. "LOCK OR LOCKSET" is a keyed device (complete with cylinder, latch or deadbolt mechanism, and trim such as knobs, levers, thumb turns , escutcheons, etc. ) for securing a door in a closed position against forced entry. "LOCKING DEVICE" is a part of a window or sliding door assembly which is intended to prevent movement of the movable sash or door. "MULTIPLE FAMILY DWELLING" is a building or portion thereof designed for occupancy by two or more families living independently of each other, including hotels, motels, apartments, duplexes and townhomes. "PANIC HARDWARE" is a latching device on a door assembly for use when emergency egress is required due to a fire or other threat to life safety. Such devices are designed so that they will facilitate the safe egress of people in case of an emergency when a pressure not to exceed 15 lbs. is applied to the releasing device in the director of exit travel . Such releasing devices are bars or panels extending not less than two-thirds of the width of the door and placed at heights suitable for the service required, not less than 30, not more than 44•-inches above the floor. "PART", as distinguished from component, is a unit (or subassembly) which combines with other units to make up a component. "PRIMARY LOCKING DEVICE" is the single locking system on a door or window unit whose function is to prevent unauthorized intrusion. i-a-a I-a-s Ord. No. 1101 Page 4 "PRIVATE DWELLING OR SINGLE FAMILY DWELLING" is a building designed exclusively for occupancy by one family. "RAIL" is the horizontal members of a sash frame. A meeting rail is one which mates with a rail or another sash or framing member of the window frame when the sash is in the closed position. "SASH" is an assembly of stiles, rails, and sometimes, muntins assembled into a single frame which supports the glazing material . A fixed sash is one which is not intended to be opened. A movable sash is intended to be opened. "SILL" is the lowest horizontal member of a window frame. "SINGLE CYLINDER DEADBOLT" is a deadbolt lock which is activated from the exterior by a key and from the interior by a knob, thumb-turn, lever or similar mechanism. "SOLID CORE DOOR" means a door composed of solid wood or compressed wood equal in strength to solid wood construction. "STILE" is a vertical framing member of a window or door. A meeting stile is one which mates with a stile of another sash, or a vertical framing member of a door or window frame when the sash is in the closed position. "STRIKE" is a metal plate attached to or mortised into a door jamb to receive and to hold a projected latch bolt and/or deadbolt in order to secure the door to the jamb. "SWINGING DOOR" means a door hinged at the stile or at the head and threshhold. "U.L. LISTED" means tested and listed by Underwriters Laboratories, Inc. "WINDOW ASSEMBLY" is a unit: composed of a group of parts or components which make up a closure for an opening in a wal'I or roof (including the anchorage) to control light, air, and other elements. "WINDOW FRAME" is that part of a window which surrounds and supports the sashes and is attached to the surrounding wall . The members include side jambs (vertical ) , head jamb (upper, horizontal ) , sill and mullions. 8.04.120 Enforcement. The Building & Safety Director or his authorized representatives are hereby empowered and directed to administer and enforce the provisions of this Divison relating to physical security requirements for buildings in the City of Palm Springs. Plans and specifications for proposed construction must be approved by the Building & Safety Director or his authorized representatives in accordance with the provisions of this Division. No construction project is to be finally approved or utility release given unless the applicant for said release has satisfied the enforcing authority that applicant has complied with this Division. 8.04.125 Violations and Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, move, improve, convert, equip, use, occupy or maintain any building or structure in the City of Palm Springs or cause the same to be done, contrary to or in vio- lation of any of the provisions of this Division. 107 Ord. No. 11o1 Page 5 8.04.130 Alternate Materials and Methods of Construction. The provisions of this division are not intended to prevent the use of any material or method of construction not specifically prescribed by this division, provided any such alternate has been approved. The Building & Safety Director may approve any such alternate provided he finds that the proposed design is satisfactory and complies with the provisions of this division and that the material , method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this division in quality, strength, effectiveness, crime resistance, durability, and safety. The Building & Safety Director shall require that sufficient evidence or proof be submitted to substantiate any claims that may be made regarding its use. 8.04.135 Board of Appeals . 1n order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this Division, there shall be and is hereby created a Board of Appeals, consisting of at least five and not more than seven members who are qualified by experience and training to pass upon matters pertaining to building construction. The Board of Appeals shall be appointed by the City Council . Board members shall not be employees of the City and shall serve without compensation. Members may be dismissed by a majority vote of the City Council , but otherwise each member shall serve an indefinite term. Vacancies shall be filled in the same manner as the original appointment. All matters before the Board shall be administered by the Building & Safety Director or his authorized representative. The Board shall adopt reasonable rules and regulations for hearing appeals and conducting its business and such rules and regulations shall be freely accessible to the public. The Board shall render all decisions and findings in writing with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. 8.04.140 Ke ing Requirements. Upon occupancy by the owner or proprietor, each single un it in a tract or commercial development, constructed under the same general plan, shall have locks using combinations which are inter- change free from locks used in all other separate dwellings , proprietorships or similar distinct occupancies within such tract or commercial development. Every applicant shall be required to provide the enforcing authority with written confirmation of compliance with the above requirements. 8.04.150 Garage Type Doors - Rolling Overhead Solid Overhead Swinging, Slidinq or Accordian Style. A. The above described doors shall conform to the following standards : 1 . Wood doors shall have panels a minimum of five-sixteenths (5/16") inch in thickness with 'the locking hardware being attached to the support framing. 2. Aluminum doors shall be a minimum thickness of .0215 inches and riveted together a minimum of eighteen (18) inches on center along the outside seams . There shall be a full width horizontal beam attached to the main door structure which shall meet the ilot, or pedestrian access, door framing within three (3� inches of the strike area of the pilot or pedestrian access door. 1-a-io 108 1-d-11 Ord. No. 1101 Page 6 3. Fiberglass doors shall have panels a minimum density of six (6) ounces per square foot from the bottom of the door to a height of seven 7) feet. Panels above seven (7) feet and panels in residential structures shall have a density of not less than five (5) ounces per square foot. B. Where sliding or accordian doors are utilized they shall be equipped with guide tracks which shall be designed so that the door cannot be removed from the track when in the closed and locked position. C. Doors that exceed sixteen (16) feet in width shall have two (2) lock receiving points; or, if the door does not exceed nineteen (19) feet, a single bolt may be used if placed in the center of the door with the locking point located either in the floor or door frame header. D. Overhead doors shall be equipped with slide bolts which shall be capable of utilizing padlocks with a minimum nine thirty-seconds (9/32) inch shackle. 1 . Slide bolt assemblies shall have a frame a minimum of .120 inches in thickness , a bolt diameter a minimum of one-half (1/2) inch and protrude at least one and one-half (1 1/2) inches into the receiving guide. A bolt diameter of three- eights (3/8) inch may be used in a residential building. 2. Slide bolt assemblies shall be attached to the door with ' bolts which are non-removable from the exterior. Rivets shall not be used to attach such assemblies. E. Padlocks used with exterior mounted slide bolts shall have a hardened steel shackle a minimum of nine thirty-seconds (9/32) inch in diameter with heel and toe locking and a minimum five pin tumbler operation. The key shall be r,on-removable when in an unlocked position. F. Doors utilizing a cylinder lock shall have a minimum five (5) pin tumbler operation with the bolt or locking bar extending into the receiving guide a minimum of one (1 ) inch. 8.04.160 Windows and Sliding Glass Doors. The following requirements must be met for windows and sliding glass doors : A. Except as otherwise specified in Section 8.04.170 (Special Residential Building Provisions) and Section 8.04.180 (Special Commercial Building Provisions) , all operable exterior windows and sliding glass doors shall comply with the tests as set forth in Uniform Building Code Standard 41-2. Other doors and locking devices shall conform to tests as set forth in Uniform Building Code Standard 41-1 . B. Louvered windows shall not be used when any portion of the ' window is less than twelve (12) feet vertically or six (6) feet horizontally from an accessible surface or any adjoining roof, balcony, landing, stair tread, platform or similar structure. 109 Ord. No. 1101 Page 7 8.04,170 Special Residential Building Provisions. The following special provisions shall apply to all residential dwellings: A. Exterior swinging doors and syringing doors leading from the garage into living space shall be equipped with a double or single cylinder dea.dbolt having a minimum projection of one (1 ) inch and an embedment of at least three-fourths (3/4) inch into the strike receiving the bolt. The door jamb receiving the bolt shall be securely fastened directly to 2X material . The bolt shall be constructed so as to resist cutting tool attacks . The cylinder shall have a cylinder guard, a minimum of five pin tumblers , and shall be connected to the inner portion of the lock by connecting screws of at least one fourth (1/4) inch diameter. The provisions of this subsection do not apply where panic hardware is required or an equivalent device is approved by the enforcing authority. Further, a. dual locking mechanism, con- structed so that both the deadbolt and latch can be retracted by a single action of the inside door knob or lever, may be substi- tuted provided it meets all other specifications for locking devices. B. The inactive leaf of double doors shall be equipped with flush bolts having a minimum embedment of five--eighths (5/8) inch into the head and threshold of the door frame. C. Glazing in exterior doors or within forty (40) inches of a door locking mechanism shall be of fully 'tempered glass or rated burglary resistant glazing, except where double cylinder deadbolts are installed, D. Hinges for outswinging exterior doors shall be equipped with non- removable hinge pins or a mechanical interlock to preclude removal of %he door from the exterior by removing the hinge pins . E. Strikeplates shall be a minimum of 'three and one-half (3 1/2) inches in length and secured to the jamb with screws a minimum of two and one-half (2 1/2) inches in length. F. All front exterior doors shall be equipped with a wide angle (180°) door viewer, except where clear vision panels are installed. G. Where panic hardware is required by the Uniform Building Code or Title 19, California Administrative Code, it shall be equipped and installed as follows : 1 . Panic hardware shall contain a minimum of two (2) locking points on each door; or 2. On single doors, panic hardware may have one (1 ) locking point which is not to be located at either the top or bo�. cm rails of the door frame. The door shall have an astragal constructed of steel .125 inches thick which shall be attached with non-removable bolts or welded to the outside of the door„ The astragal shall extend a minimum of six (6) inches veri,ically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1 ) inch beyond the edge of the door. 1-d-12 1F9Q"Ab Ord. No. not Page 8 3, Double doors containing panic hardware shall have an astragal attached to the doors as their meeting point which will close the opening between them but not interfere with the operation of either door. H. The following provisions for address markings shall apply to residential dwellings : 1 � All residential structures shall display a street number in a prominent position so that it shall be easily visible from the street. The numerals in these numbers shall be no less than four (4) inches in heights of a color contrasting to the background and located so they may be clearly seen and read, 2. At each driveway entrance to a multiple family dwelling complex having four or more buildings, there shall be an illuminated diagramatic representation (plot plan) of the complex which shows the location of the viewer and the building units within the complex. 3. In multiple fancily dwelling complexes, any building having a separate identifying factor other than the street number shall be clearly identified in the manner described in Subsection H, infra. Each individual unit of residence shall have a unit identifying number, letter or combination thereof displayed upon the door. ' 4. Buildings shall be numbered in such a manner and sequence to meet with the approval of the enforcing authority. 5. This section shall not prevent supplementary numbering such as reflective numbers on street curbs or decorative numbering but this shall be considered supplemental only and shall not satisfy the requirements of this section. 6. 8 1/2" X 11 " maps of the complex shall be furnished to the police and fire departments prior to completion of con- struction. The maps shall include building identification and unit identification. I. All exterior doors shall be equipped with a lighting device capable of providing at least one (1 ) footcandle of light at the ground level during hours of darkness . Lighting devices shall be protected by vandal resistant covers . J. Aisles and passageways within multiple family dwelling complexes shall be equipped with lighting devices capable of providing at least .25 footcandles of light at ground level during hours of darkness . Lighting devices shall be protected by vandal resistant covers. K. Open parking lots and carports of multiple family dwelling ' complexes shall be equipped with lighting devices capable of providing at least one (1 ) footcandle of light on the parking surface during hours of darkness . Lighting devices shall be protected by vandal resistant covers, Ord. No. 1101 Page 9 8.04.180 Special Commercial Building Provisions. A. Swinging exterior glass doors, wood or metal doors with glass panels, solid wood or metal doors shall be constructed or protected as follows: 1 . Wood doors shall be of solid core construction with a minimum thickness of one and three-fourths (1 3/4) inches. Hollow metal doors shall be constructed of a minimum equiva- lent to sixteen (16) U.S. gauge steel and have sufficient reinforcement to maintain the designed thickness of the door when any locking device is installed; such reinforcement being able to restrict collapsing of the door around the locking device, 2. Except when double cylinder deadbolts are utilized, any glazing utilized within 40 inches of any door locking mechanism shall be constructed or protected as follows: a. Fully tempered glass or rated burglary resistant glazing; or b. Iron or steel grills of at least one-eighth (1/8) inch metal with a maximum two (2) inch mesh secured on the inside of the glazing may be utilized; or C. The glazing shall be covered with iron or steel bars of at least one-half (1/2) inch round or one inch by one- fourth (1 " X 1/4") flat metal , spaced not more than five (5) inches apart and secured on the inside of the glazing. d. Items b and c above shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. B. All swinging exterior wood and steel doors shall be equipped as follows: 1 . A single or double door shall be equipped with a double or single cylinder deadbolt. The bolt shall have a minimum projection of one (1 ) inch and be constructed so as to repel cutting tool attack. The deadbolt shall have an embedment of at least three-fourths (3/4) inch into the strike receiving the projected bolt. The cylinder shall have a cylinder guard, a minimum of five pin tumblers, and shall be connected to the inner portion of the lock by connecting screws of at least one-fourth (1/4) inch in diameter. The provisions of this subsection do not apply where (1 ) panic hardware is required, or (2) an equivalent device is approved by the enforcing authority. 2. Double doors shall be equipped as follows: a. The inactive leaf of double door(s) shall be equipped with metal flush bolts having a minimum embedment of five-eighths (5/8) inch into the head and threshhold of the door frame. 1-d-14 1-d-15 112 Ord. No. 1101 Page 10 b. Double doors shall have an astragal constructed of steel a minimum of .125 inch thick which will cover the opening between the doors . The astragal shall be a minimum of two (2) inches wide, and extend a minimum of one (1 ) inch beyond the edge of the door to which it is attached. The astragal shall be attached to the outside of the active door by means of welding or with non- removable bolts spaced apart on not more than ten (10) inch centers. 3. Hinges for outswinging doors shall be equipped with non- removable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. 4. Strikeplates shall be a minimum of three and one-half (3 1/2) inches in length and secured to the jamb with screws a minimum of two and one-half (2 1/2) inches in length. C. Aluminum frame swinging doors shall conform to the following: 1 . The jamb on all aluminum frame swinging doors shall be so constructed or protected to withstand 1600 pounds of pressure in both a vertical distance of three (3) inches and a hori- zontal distance of one (1 ) inch each side of the strike, so as to prevent violation of the strike. 2. Aluminum frame swinging doors shall be equipped with a ' deadbolt having a minimum bolt projection of one and one- half ( 1 1/2) inches, or a hook shaped or similar bolt that engages, the strike sufficiently to prevent spreading. The deadbolt lock shall have a minimum of five pin tumblers and a cylinder guard. D. Panic hardware, whenever required by the Uniform Building Code or Title 19, California Administrative Code, shall be equipped and installed as follows : 1 . Panic hardware shall contain a minimum of two (2) locking points on each door; or 2. On single doors, panic hardware may have one locking point which is not to be located at either the top or bottom rails of the door frame. The door shall have an astragal constructed of steel .125 thick which shall be attached with non- removable bolts to the outside of the door. The astragal shall extend a minimum of six (6) inches vertically above and below the latch of the panic hardware. The astragal shall be a minimum of two (2) inches wide and extend a minimum of one (1 ) inch beyond the edge of the door to which it is attached. 3. Double doors containing panic hardware shall have an astragal ' attached to the doors at their meeting point which will close the opening between them, but not interfere with the operation of either door. 1E1 Ord. No. 11o1 Page 11 E. In multiple occupancy office buildings all entrance doors to individual office suites shall meet the construction and locking requirements for exterior doors. F. Exterior transoms or windows shall be deemed accessible if less than twelve (12) feet above ground or adjacent to any pedestrian walkway. Accessible windows and transoms having a pane or opening exceeding ninety-six (96) square inches, with the smallest dimension exceeding six (6) inches, and not visible from a public or private thoroughfare shall be protected in the following manner: 1 . Fully tempered glass or burglary resistant glazing; or 2. The following window barriers may be used but shall be secured with bolts which are non-removable from the exterior: a. Interior or exterior steel or iron bars of at least one-half (1/2) inch round or one by one-quarter (1 X 1/4) inch flat metal spaced not more than five (5) inches apart and securely fastened; or b. Interior or exterior iron or steel grills of at "least one-eighth (1/8) inch metal with not more than a two (2) inch mesh and securely fastened. 3. The protective bars or grills shall not interfere with the operation of opening windows if such windows are required to be openable by the Uniform Building Code. G. Roof openings shall be equipped as follows; 1 . All skylights on the roof of any building or premises used for business purposes shall be provided with: a. Rated burglary resistant glazing; or b. Iron or steel bars of at least one-half (1/2) inch round or one by one-fourth (1 X 1/4) inch flat metal mounted inside the skylight and secured bolts which are non-removable from the exterior; or C. A steel or iron grill of at least one-eighth (1/8) inch metal with a maximum two (2) inch mesh mounted inside the skylight and secured by bolts which are non-removable from the exterior. 2. All hatchway openings on the roof of any building or premises used for business purposes shall be secured as follows : a. If the hatchway is of wooden material , it shall be 1 covered on the inside with at least sixteen (16) U.S. gauge sheet steel , or its equivalent, attached with screws. b. The hatchway shall be secured from the inside with a slide bar or slide bolts . C. Outside hinges on all hatchway openings shall be provided with non-removable pins when using pin-type hinges. 1-d-16' 1A Ord. No. 1101 Page 12 3. All air duct or air vent openings exceeding ninety-six (96) square inches on the roof or exterior walls of any commerc,. :11, building shall be secured by covering same with either of the following: a. Iron or steel bars of at least one-half (1/2) inch round or one by one-fourth (1 X 1/4) inch flat metal spaced no more than five (5) inches apart and securely fastened; or b. Iron or steel grills of at least one-eighth (1/8) inch metal with a maximum two (2) inch mesh and securely fastened. C. If the barrier is on the outside, it shall be secured with bolts which are non-removable from the exterior. d. The above must not interfere with venting requirements , creating a potentially hazardous condition to health and safety, or conflict with the provisions of the Uniform Building Code or Title 19, California Administrative Code. H. Readily accessible, permanently affixed ladders leading to roofs shall be fully enclosed with sheet metal to a height of ten feet. This covering shall be locked against the ladder with a case hardened hasp, secured with non-removable screws or bolts. Hinges on the cover will be provided with non-removable pins when using pin-type hinges. If a padlock is used, it shall have a hardened steel shackle, locking at both heel and toe, and a minimum five pin tumbler operation with non-removable key when in an unlocked postion. I. The following standards for lighting and address markings shall apply to commercial buildings: 1 . The address number of every commercial building shall be located and displayed so that it shall be easily visible from the street. The numerals in these numbers shall be no less than six (6) inches in height and be of a color con- trasting to the background. In addition, any business which affords vehicular access to the rear through any driveway, alleyway or parking lot shall also display the same numbers on the rear of the building. 2. All exterior doors to commercial buildings shall be equipped with a lighting device capable of providing a minimum of one (1 ) footcandle of light. All exterior bulbs shall be pro- tected by weather and vandalism resistant covers . 3. Open parking lots, and access thereto, providing more than ten parking spaces and for use by the general public, shall I be provided with a maintained minimum of one (1 ) footcandle of light on the parking surface from dusk until the termi- nation of business every operating day. 41.1 Ord. No. 1101 Page 13 J. Establishments having specific type inventories shall be protected by the following type alarm service: 1 . Silent alarm system with a central station hookup and required 24-hour supervised service: a. Jewelry store - Manufacturing, wholesale, or retail b. Any establishment manufacturing, storing or selling firearms and ammunition C. Establishments selling or storing wholesale liquor, tobacco or drugs d. Facilities selling or storing furs e. Precious metal storage facilities f. Banks, savings and loan institutions, and credit unions 2. Silent alarm system not requiring a central station hookup or supervised service: a. Liquor stores b. Pawn shops C. Establishments manufacturing, storing or selling electronic equipment d. Establishments dealing in coins and stamps e. Establishments manufacturing, storing or selling industrial tool supplies f. Establishments manufacturing, storing or selling cameras 3. Local or audible alarm system a. Antique dealers b. Art galleries C. Service stations d. Food markets 4. Nothing in this subsection shall preclude the use of an alarm system providing a higher level of security than that which is required. " 1-d-18 1-d-19 Ord. No. 1101 Page 14 SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force 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 3rd day of October _ 1979 AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTssT ' ' � CITY OFPi SPRIN ,igALIFORNIA /7 � LI By s Deputy City Clerk Mayo°�` ' G" REVIEWED & APPROVED U� I HEREBY CERTIFY that the foregoing Ordinance 1101 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof field on the 3rd day of October, 1979, and that a summary of same was pub- lished in THE DESERT SUN, a newspaper of general circulation, on September 26, 1979 and October 11, 1979. DONALD A. BLUBAUGH City Clerk y L Y: 7UDITH SUMICII Deputy city Clerk ORDINANCE NO. 1102 PURCHASES - PROCEDURES - AMENDMENTS THE CITY COUNCIL , OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION One: Section 3.12. 110 of the Palm Springs Municipal Code is hereby amended to read as follows : 13.12 .110 6idd1rig Purchases of supplies and equipment shall be by bid procedures pursuant to Sections 3.12.120 through 3. 12.260. Bidding may be dispensed with only under conditions stated in Section 3.12.270. " (Prior Code 1512.7; Ord. ) SECTION Two: Section 3.12.120 of the Palm Springs Municipal Code is hereby amended to read as follows : "3.12.120 Formal (5ea,led) bid procedure. Except as otherwise provided herein, public projects as defined in Section 37901 of the California Government Code and purchases of supplies and equipment of an estimated value greater than five thousand dollars ($5,000) shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure hereinafter pre- scribed. " (Prior Code 1513; Ord. ) SECTION Three: Section 3.12.130 of the Palm Springs Municipal Code is hereby amended to read as follows : "3.12 .130 Notice inviting formal bids. Notices inviting formal bids shell include a general description of the article or service desired, shall state where bid documents and specifications may be secured, and the time and place for opening bids ." (Prior Code 1613.1 ; Ord. ) SECTION Four: Section 3.12.140 of the Palm Springs Municipal Code is hereby amended to read as follows : "3.12 .140 Published notice for formal bids . Notices inviting formal bids shall be published at least ten (10) days prior to the date of opening of the bids. Notices shall be published at least once for non-public projects and at least twice, not less than five (5) days apart for public projects , in a news- paper of general circulation, printed and published in the city." (Prior Code 1513.1 (A) ; Ord. ) SECTION Five: Section 3.12.150 of the Palm Springs Municipal Code is hereby amended to read as follows : "3.12. 150 Apyroved vendors list. The purchasing agent shall also solicit formal sealed bids from responsible suppliers whose names are on the approved vendors list or who have made written request that their names be added thereto." (Prior Code 1513.1 (B) ; Ord. ) SECTION Six: Section 3.12.160 of the Palm Springs Municipal Code is hereby amended to read as follows : "3.12.160 Bulletin board notice. the purchasing agent shall advertise pending formal purchases by posting a notice on the public bulletin board in the City Hall ." (Prior code 1613.1 (c) ; Ord. ) 5 a 1 its 5 2 Ord. No. 1102 Page 2 SECTION Seven: Section 3.12.170 of the Palm Springs Municipal Code is hereby amended to read as follows : "3. 12.1 /0 Bidder's securit . When a public project is involved, and in other cases when deemed necessary by the purchasing agent, formal bids shall be ac- companied by security, either cash, cashier's check , certified check or surety bond, in a sum equal to ten percent (10%) of the total aggregate of the bid and shall be designated in the Notice Inviting Bids . Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed unless the city is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder who is willing to execute the contract, or may reject all bids and re-advertise. " (Prior Code 1513.2; Ord. ) SECTION Eight: Section 3. 12.175 is hereby added to the Palm Springs Municipal Code to read as follows : "3.12.175 Other formal bid_ bond requirements . A faithful performance bond and labor and material bond shall be required for all public projects , unless waived by the City Council , in an amount reasonably necessary to protect the best interests of the City. In addition, the City Council shall have authority to require a faithful performance bond or other bonds before entering a contract other than a public project contract. If bonds are required, the form and amount thereof shall be designated in the Notice Inviting Bids ." (Prior code 1513.7 ; Ord. ) SECTION Nine: Section 3.12.180 of the Palm Springs Munic- ipal Code is hereby amended to read as follows : "3.12.180 Formal bid openin9_procedure. Sealed bids shall be submitted to the purchasing agent and shall be identified as "bids" on the en- velope. The Purchasing Officer, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection in the Purchasing office during reg- ular business hours for a period of not less than thirty (30) calendar days after the bid opening." (Prior code 1513.3 ; Ord. ) Ord. No. 1102 Page 3 SECTION Ten: Section 3. 12.190 of the Palm Springs Municipal 1 Code is hereby amended to read as follows: "3.12.190 Rejection of formal bids . In its discretion , the City Council may reject any and all bids presented and may cause readvertising for bids pursuant to the procedure hereinabove prescribed. However, when all bids exceed the authorized budgeted amount, the city manager may authorize rejection of all bids and au- thorize re-bidding based on the original specifications or as they may be modified, in accordance with pro- cedures prescribed herein." (Prior code 1513.4; Ord. ) SECTION Eleven: Section 3.12.200 of the Palm Springs Municipal Code is hereby amended to read as follows: "3.12.200 Award of formal bid contracts. Except as otherwise provided herein, formal bid contracts shall be awarded by the City Council to the lowest re- sponsible bidder. The determination of "lowest respon- sible bidder" shall be at the discretion of the City Council pursuant to findings and recommendations pre- sented by the purchasing agent at the time of award of contract. " (Prior code 1513.5; Ord. ) SECTION "Twelve: Section 3.12.210 of the Palm Springs Municipal Code is hereby amended to read as follows: "3.12.210 Tie formal bids. If two or more formal bids received are for the same total amount or unit price, quality and service being equal , and if the public interest will not permit the delay of readvertising for bids, the City Council may in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening or award of contract." (Prior code '1513.6; Ord. SECTION Thirteen: Section 3.12.215 is hereby added to the Palm Springs 'Municipal Code to read as fol.lows : "3. 12.215 No formal bids. When no formal bids or no responsive bids are received, the purchasing officer is authorized to negotiate for written proposals and his recommendation shall be presented to the City Manager and award, if any, shall be made in accordance with applic- able provisions prescribed herein. " (Ord. ) SECTION Fourteen: Section 3.12.220 of the Palm Springs Municipal I Code is hereby repealed. 5 a 3 120 5 a 4 Ord. No. 1102 Page 4 SECTION Fifteen: Section 3.12.230 of the Palm Springs Munic- ipal Code is hereby amended to read as tollows : 3.12.230 Open market or informal bid procedure. ' Purchases of s""plies and equipment of an estimated value in the amount of five thousand dollars ($5,000) or less may be made by the purchasing agent in the open market pursuant to the procedure prescribed in Sections 3. 12.240 through 3. 12.260 and without ob- serving the procedure prescribed in Sections 3.12,120 through 3.12.215; provided, however, all bidding may be dispensed with for purchases of supplies and equipment having a total estimated value of less than one thousand dollars ($1 ,000) . " (Prior code 1514; Ord. ) SECTION Sixteen: Section 3.12.240 of the Palm Springs Munic- ipal Code is hereby amended to read as follows: "3.12.240 Minimum number of informal bids. Open market purchases shall , wherever possible, be based on at least three informal bids, and shall be awarded to the bidder offering the most advantageous bid to the city after consideration of price, quality, durability, servicing, delivery time, standard- ization and other factors ." (Prior code 1514.1 ; Ord. ) SECTION Seventeen: Section 3. 12.250 of the Palm Springs Munic- ipal Code is hereby amended to read as follows: "3.12.250 Notice inviting informal bids. The purchasing agent shall solicit informal bids by written requests to prospective vendors, or by telephone, or by public notice posted on a public bulletin board in the City Hall . " (Prior code 1514.2; Ord. ) SECTION Eighteen: Section 3.12.260 of the Palm Springs Munic- ipal Code is hereby amended to read as follows: "3.12.260 Record of informal bids. The purchasing agent shall keep a written record of all open marketpurchases and informal bids for a period of one year. This record, while so kept, shall be open to pub- lic inspection. (Prior code 1514. 3; Ord, SECTION Nineteen: Section 3.12.270 of the Palm Springs Munic- ipal Code is hereby amended to read as follows: "3.12.270 Exceptions to competitive bidding_re- uq irement. Notwithstanding any provision of this article to the contrary, the competitive bidding procedures and requirements may be dispensed with in any of the following instances : 12 :k Ord No. 1102 Page 5 1 . When the estimated amount involved is less than one thousand dollars $1 ,000. 2. When the commodity can be obtained from only one vendor. 3. The City Manager may authorize the purchase of materials , supplies, equipment and services where an emergency is deemed to exist and it is determined that service in- volving the public health, safety or welfare would be interrupted if the normal procedure is followed. All emergency purchases, which would otherwise require formal bidding procedures, made pursuant to this section shall be submitted to the City Council for ratification at the next regular council meeting after the purchase is authorized. 4. The City Council may authorize the execution of con- tracts for personal services, for professional and consulting services and for other, nonpublic pro- jects contractual services without observing the bidding procedures provided herein where the amount of the contract exceeds the value of five thousand dollars ($5,000) . 5. The City Manager is authorized to enter into contracts for personal services, for professional and consulting services and for other contractual services without observing the bidding procedure provided herein where the amount of the contract does not exceed the amount of five thousand dollars ($5,000) , provided there exists an unencumbered appropriation in the fund account against which said expense is to be charged. 6. Any agreement involving acquisition of supplies, equipment or service entered into with another governmental entity. Y. Books, periodicals, records , tapes and other materials to be acquired by the library for loan to or reference by the public may be acquired by the Librarian pursuant to pro- cedures promulgated by the City Manager in the form of od�inistrative rules or regulations .(Prior code 1515, 1516.1 ; r . SECTION Twenty: Section 3. 12.280 of the Palm Springs Munic- ipal Code is hereby amended to read as follows: "3.12.280 Service Contracts requiring City Council approval . The City Council may authorize the execution of contracts for personal services, for professional and consulting services and for other non-public project contractual services with- out observing the bidding procedures provided herein where the amount of the contract exceeds the value of five thousand dollars." (Prior code 1516; Ord. ) SECTION Twenty-one: Section 3.12.290 of the Palm Springs Munic- ipal Code is hereby amended to read as follows : "3.12.290 Service Contracts under five thousand dollars. The City Manager is authorized to enter into contracts for personal and consulting services and for other contractual services without observing the bidding procedure provided herein where the amount of the contract does not exceed five thousand dollars , provided there- exists an unencumbered appropriation in the fund account against which said expense is to be charged." (Prior code 1516.1 ; Ord. ) 5 a 5 122 5 a 6 Ord. No. 1102 Page 6 SECTION Twenty-two: EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION Twenty-three: 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 cir- culation, printed, published and circulated in the City of Palm Springs, California ADOPTED this 21st day of November 1979 AYES: Council.members Doyle, Field, Rose and Mayer Beirich NOES: None ABSENT: Councilmember Beadling r ATT CITY ALMKR ;; ALI RN LA By crL� —Acting City Clerk Mayor REVIEWED & APPROVED —_ I IEREBY CERTIFY that the foregoing Ordinance 1102 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 21st day of November, 1979, and that a summary of same was pub- lished in THE DESERT SUN, a newspaper of general circulation, on November 14, 1979- and November 30, 1979. L" I S"D4TH UMICII Acting City Clerk 12, ORDINANCE NO. 1103 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING A PLANNED DEVELOPMENT DISTRICT PRELIMINARY PLOT PLAN IN-LIEU OF A CHANGE OF ZONE FOR A SENIOR CITIZEN RETIREMENT HOME ON THE SOUTHWEST CORNER OF SUNRISE WAY AND ARENAS ROAD, SECTION 14. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Pursuant to Section 9406.00-B-5d of the Palm Springs Zoning Ordinance, the official Zoning Map of the City of Palm Springs, referred to herein, is hereby amended as follows: Planned Development District in-lieu of change of zone: The parcel of property legally shown on Exhibit A is approved as Planned Development District 101 specifically for a senior citizen retirement home in accordance with preliminary plot plan on file in the Department of Community Development, Case 5.0088-PD-101 SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force 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 the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 19th day of December 1979. , AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTES _ CITY �_' PALM W�, LIFORNJA Hating City Clerk MaY or REVIEWED & APPROVED: 1''e I HEREBY CERTIFY that the forego" g Ordinance 1103 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of December, 1979, and that same was published in TIE DESERT SUN, a news- paper of general circulation, on January 3, 1980. IUDITH SUM_?CH Acting City Clerk 124 10 a 2 7A](8) R-I- C a R-1-C R-G-A(8) R-1-C R-1 -Ca R-1-C R-1-C CL aR-G A(8) R R-1- C R-1-C :o IN CT wU U Y I.. L. I.L c� _� =ER-1 — R-G-A(8) R-G-A(8) rr EO IW SECr I♦ - r •� " R-4-VP — --- -ft-4-VP °� - -- \l _ FI . C-LA.A - _— — C I A A ! p =r �II-I-C n I L. I.L. R•3 A. 0 i i v ,. ` ^•• N°CALLNM W r (... :... C_I_A-A C.I-A-A o so A-I ZC 7R II RI-C "�. PC L......7 L I.L. II fl 4-VP ._fl-4-VP a R-1-C I L. I.L '1 l /� `RoAD (PROPOSED IN SECT 14 ° ° `J ¢'j R- 1-C Aly-$-y - . R-G-A(8) G 2 " R-I-C J LL_. L R 2 a R•1•C R I C _ Ro 1SAoro -- I. R-G-A(8) R-G-A(8) (? I N • Roop _CONTROL p- LHLNNEL 0 V°- 0 I 0 - a I R-2 R-2 R-2 R-2 R-2 R-2 I.L. L Ej C ITY OF PALM SPRINGS CASE NO. 5.088-CZ APPROVED BY PLAN. COMM. DATE APPLICANT G dri h. Kest, et al/B. Diaz APPROVED BY COUNCIL DATE 12/19/79 REMARKS ORD. N0. 1103 RESOL. NO. ORDINANCE N0, 1104 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9309.00E OF THE PALM SPRINGS ZONING ORDINANCE CON- CERNING STREET IMPROVEMENTS (CURB, GUTTER, ASPHALT & SIDEWALKS) ON UNIMPROVED LOTS OF RECORD. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 9309.00E of the Palm Springs Zoning Ordinance relating to street improvements on unimproved lots of record, is hereby amended to read as follows : 9309.00E. Improvements. The applicant for a building permit shall provide for the street improvements to be installed abutting the lots desired to be built upon. Said street improvements shall include the half street, concrete curbs and gutters and sidewalks in accordance with adopted standards. If the Director of Community Development shall determine, in his reasonable discretion and based upon sound engineering principles that the public health, safety and welfare would be served by omitting or deferring installation of any portion of said street improvements, the building permit may be issued. The owner or owners of record of the premises to which the building permit would apply, shall , provide a covenant to install said improvement when notified by the City to do so, or, alternatively, to waive and forego any protest of the formation of an assessment district for the installation of such improvements. Any such covenant shall run with the land, shall bind the owner(s) and his or their successors in interest, and shall be in form sufficient to enable the same to be recorded in the office of the County Recorder of Riverside County. Fire hydrants shall be in- stalled by the developer for all construction in accordance with the requirements of the Fire Department. 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 the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 19th day of December 1979. AYES: Councilmembers Beadling, Doyle, Field, Rose and Mayor Beirich NOES: None ABSENT: None ATTEST CIT/z,F PALM SP I , A ALj'RNIA , By ✓� Acting City Clerk Mav r REVIEWED & APPROVED t/ I HEREBY CERTIFY that the foregoing Ordinance 1104 was duly adopted by the City Council of the city of palm Springs, Calif. , in a meeting thereof held on the 19th day o{ t�eC 1979 and that same was published in THE DESERT SUN, a, newspaper of general circulat'S�on 1' on January 3, 1980. SUM CI jam• 12G 127 ORDINANCE NO. 1105 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY REZONING FROM GR-5 TO P, CERTAIN PROPERTY ON THE SOUTH SIDE OF VISTA CHINO, WEST OF 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 of the Palm Springs Zoning Ordi- nance, 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 GR-5 to P. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force 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 the same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED this 19th day of December 1979. AYES: Councilmembers Beadling, Doyle, Field and Mayor Beirich NOES: None ABSENT: None ABSTAIN: Councilmember Rose ATT CITY@ LM NG C IFbRNIA By— Acting City Cle�r�k yor REVIEWED & APPROVED I HEREBY CERTIFY that the foregoing Ordinance 1105 was duly adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 19th day of December, 1979, and that same was publish e THE DES RT SUN, a news- paper of general circulation, on January 3, 1980. ?UDH SO ICH g City Clerx 10 b 1 128 10 b 2 R-1-C C- 1 (Shopping VISTA CHINO 315' I I _ I n i I _ I a I M GR-5 r GR-5 TO I P w o rn N Z 620 I I R 1•A• I i i I p.p. FM 26 ' I I I EXHIBIT "A" C ITY OF PALM SPRINGS CASE NO. 5.0103-CZ APPROVED BY PLAN. COMM. DATE APPLICANT C inic ervices orp. APPROVED BY COUNCIL DATE 12 19 79 REMARKS ORD. NO. 1105 RESOL. NO. Sc� JI