HomeMy WebLinkAbout1/1/1986 - ORDINANCES ORDINANCE NO. 1255
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING THE REDEVELOPMENT PLAN FOR
THE HIGHLAND-GATEWAY REDEVELOPMENT
PROJECT.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS does ordain
as follows:
Section 1 . That the purpose and intent of the City Council with respect
to the Redevelopment Plan Amendment is to accomplish the
following:
a. Clearly designate areas within the project boundaries in
which the Community Redevelopment Agency shall not exercise
its power of eminent domain for the purpose of implementing
or carrying out the Redevelopment Plan.
b. Clearly designate areas within the project boundaries where
the Community Redevelopment Agency may exercise its power
of eminent domain if necessary to implement or execute the
Redevelopment Plan
Section 2. The Council hereby finds and determines that:
a. The condemnation of real property, as provided for in the
Redevelopment Plan Amendment is necessary to the execution
of the Redevelopment Plan, and adequate provisions have
been made for the payment for property to be acquired as
provided by law. This finding is based upon the need to
ensure that the provisions of the Redevelopment Plan will
be carried out and to prevent the recurrence of blight.
Section 3. The City Clerk is hereby directed to send a certified copy of
this Ordinance to the Agency whereupon the Agency is vested
with the responsibility for carrying out the Redevelopment Plan
Amendment.
Section 4. The City Clerk is hereby directed to transmit a copy of this
Ordinance and a map or plat indicating the areas subject to
eminent domain, to the auditor and assessor of the County of
Riverside, to the governing body of each of the taxing agencies
which receives taxes from property in the Project Area and to
the State Board of Equalization.
Section 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Section 6. PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance and to cause the
same to be published once in the Desert Sun, a daily newspaper
of general circulation, published and circulated in the City
of Palm Springs, California.
Section 7. SEVERABILITY. If any part of this Ordinance or the Redevelopment
Plan Amendment which it approves is held to be invalid for any
reason, such decision shall not affect the validity of the
remaining portion of this Ordinance or of the Redevelopment
Plan, and this Council hereby declares that it would have passed
the remainder of this Ordinance or approved the remainder of
the Redevelopment Plan if such invalid portion thereof had been
deleted.
ADOPTED this 8th day of January 1986
AYES: Councilmembers Birer, Foster, Maryanov & Mayor Bogert
NOES: None
ABSENT: None
ABSTAIN: Councilmember Smith
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
B;�
ity Clerk Mayor
. n
*MEMO
P Im Springs
Legend RedevelopmenL
PROJECT AREA BOUNDARY
Highland Gateway
Redevelopment Project
LEVEE
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APPENDIX V
MAP OF AREAS EXEMPT FROM EMINENT DOMAIN . .
Ord. 1255
I HEREBY CERTIFY that the foregoing Ordinance 1255 was duly adopted by the
City Council of the City of Palm Springs, in a meeting thereof held on
January 8, 1986, and that same was duly published in THE DESERT SUN, a newspaper
of general circulation, printed and published in said City, on January 16,
1986.
DITH SUMICH
City Clerk
1
ORDINANCE NO. 1256
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE SIGN REGULATION
PORTION OF THE ZONING ORDINANCE
PROHIBITING EXPOSED TUBE NEON SIGNS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Section 9320.04.11 relating to prohibited signs is hereby added
reading as follows:
"Signs using exposed tube neon light sources ."
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 5th day of —- February 1986.
AYES: Councilmembers Foster, Maryanov, Smith and Mayor Bogert
NOES: Councilmember Birer
ABSENT: None
ATTLST: CITY OF PALM SPRINGS, CALIFORNIA
By --------- - —E --��'J--- --
% - City Clerkp Mayo..
REVIEWED & APPROVED: _ fir`=
I HEREBY CERTIFY that the foregoing Ordinance 11256 was duly adopted by the
City Council of the City of Palm Springs, in a meeting thereof held on
February 5, 1986, and that same was duly published in THE DESERT SUN, a newspaper
of general circulation, printed and published in said City, on February 11 ,
1986.
JUDITH SUMICH
City Clerk
WP/
ORDINANCE NO. 1257
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTERS 3 . 84 AND 3 .90
OF THE PALM SPRINGS MUNICIPAL CODE AND ADDING
SECTION 3 .90. 210 THERETO TO INCORPORATE
BUSINESS LICENSE TAX RATES INTO ONE SECTION,
AND PROVIDE INCREASES THEREOF.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Chapters 3 . 84 and 3 .90 of the Palm Springs Municipal
Code are hereby amended to read, as follows:
Chapter 3 . 84
FIXED LICENSE RATES
Sections:
3 . 84 . 010 Fixed rate license tax categories.
3 . 84 . 020 Auction.
3 . 84 . 030 Automobiles for hire--Taxicabs--Limousines.
3 , 84 . 035 Automobiles for Hire--Rental or Lease.
3 . 84 . 040 Auto wrecking.
3 , 84 . 050 Bakery and catering wagons.
3 . 84 . 060 Bankrupt, assigned or damaged goods.
3 . 84 . 070 Broker, real estate.
3 . 84 . 080 Carnival.
3 . 84 . 090 Circus--Menagerie.
3 . 84 . 100 Charter bus service.
3 . 84 . 110 Clubs, private recreational.
I 3 . 84 . 120 Coin-operated machines--Generally--Exceptions.
3 . 84 . 130 Coin-operated machines--Application--Change of
location.
3 . 84. 140 Coin-operated machines--Schedule of rates,
3 . 84 . 150 Wired music services.
3 .84 . 160 Coin-operated machines--Jukeboxes.
3 . 84 . 170 Coin-operated machines--Seizure for
nonpayment.
3 . 84 . 180 Coin-operated machines--Redemption and/or
sale.
3 . 84 . 190 Dance or dance hall.
3 . 84 . 200 Delivery and transfer services.
3 . 84 . 210 Fertilizer.
3 . 84 . 220 Hotels, apartments, rooming houses and
rest homes--Generally.
3 . 84 . 230 Hotels, apartments, rooming houses and
rest homes--Dining areas.
3 . 84 . 240 Hotels, apartments, rooming houses and
rest homes--Food served.
3 . 84 . 250 Laundry and cleaning businesses.
3 . 84 . 260 Model home.
3 . 84 . 270 Nurse, professional.
3 . 84 . 280 Patrol, private.
3 , 84 , 290 Pawnbroker,
3 . 84 . 300 Peddlers or solicitors.
3 . 84 . 310 Pickup of goods, wares or waste products.
3 . 84 . 320 Pool, billiards, bowling and the like.
3 . 84 . 330 Prefabricated buildings.
3 . 84 . 340 Salesman or commercial traveler.
3 . 84 . 350 Secondhand dealer.
3 . 84 . 360 Sports events.
3 . 84 . 370 Telegraph companies.
3 . 84 . 380 Theaters and shows, motion picture and
theatrical--Drive-in theaters.
3 . 84 . 390 Trailer or recreational vehicle parks.
3 . 84 . 400 Woodyards.
3 . 84 . 410 Wholesale distributor--Wholesale delivery.
3 . 84 . 420 Optional daily fixed rate license tax basis.
ORD. NO. 1257
PAGE 2 .
3 . 84 . 010 Fixed rate license tax categories. Businesses
and business activities listed in this chapter are subject to
business license tax on the basis of fixed rates as set forth
herein.
3 . 84 . 020 Auction. For the business of selling real or
personal property of any kind or description at auction, the
tax for each quarter year or fraction thereof shall be at the
rate set forth in Section 3 .90.210 (r) .
(1) EXEMPTION: AUCTION REQUIRED, BY LAW. Where an
auction in connection with a duly licensed existing business is
required by law, no tax will be applicable, provided however,
that the licensee shall notify the collector in writing prior
to the auction, regarding time and place.
(2) EXEMPTION: GOVERNMENT LEGAL SALES. No license tax
shall be applicable for the selling at public sale of goods or
property belonging to the United Staters or to the state, or by
virtue of process issued by any state or federal court or by the
legally appointed administrator or executor of an estate.
3 . 84 . 030 Automobiles for hire--Taxicabs--Limousines. For
operating any taxicabs or limousines for hire the tax shall be
at the rate set forth in Section 3 . 90. 210 (u) . If the operator
does not maintain any office within the city limits of the City
of Palm Springs, the tax shall be at the rate set forth in
Section 3 . 90. 210 (x) . if the taxicab operation is by a master
licensee with "independent" drivers, the fee may be paid by the
main licensee in which event the tax per taxicab per year shall
be at the rate set forth in Section 3 . 90. 210 (p) .
3 . 84 . 035 Automobiles for Hire--Rental or Lease. For the
business of renting or leasing automobiles or trucks the tax
shall be at the rate set forth in Section 3 .90. 210 (u) I
3 84 040 Auto wrecking. For every automobile wrecking
business where wrecked or damaged automobiles are bought or sold
in whole or in part, the tax shall be at the rate set forth in
Section 3 .90. 210 (v) .
3 84 050 Bakery and catering wagons. For each bakery,
catering or luncheon wagon, chuck wagon, or any type of operation
where food products of any sort are dispensed from trucks, the
tax per year per vehicle shall be at the rate set forth in
Section 3 .90. 210 (k) . This license tax shall be in addition to
the tax charged the permanent place of business. Operations
from out-of-town locations shall pay a tax per year per vehicle
at the rate set forth in Section 3 .90 . 210 (m) .
3 84 060 Bankrupt, assigned or damaged goods. For selling
or offering for sale any bankrupt, assigned or damaged stock of
goods, wares, merchandise of whatsoever nature or kind, the tax
per day shall be at the rate set forth in Section 3 .90. 210 (m) .
3 84 070 Broker, real estate. For every real estate
broker, the tax per year shall be at the rate set forth in
Section 3 . 90. 210 (k) , together with an additional tax per year at
the rate set forth in Section 3 . 90. 21.0 (j ) for real estate
salesman or real estate broker acting as salesman under a
licensed broker during the term of the license.
3 . 84 . 080 Carnival. For every carnival, as defined herein,
the tax per day shall be at the rate set forth in Section
3 . 90. 210 (r) , together with an additional tax per day at the rate
set forth in Section 3 .90. 210 (k) for every separate show,
attraction or exhibition carried on eis part of such carnival .
(1) CARNIVAL DEFINED. "Carni.Val" means any group of
attractions such as ball games, dice games, merry-go-rounds,
ships, ferris wheels or other riding devices, freaks, dancing
shows, minstrels, or any other like Entertainments or games, for
which a charge is made for attending or playing or participating
ORD. NO. 1257
PAGE 3 .
therein.
(2) CONCURRENT ATTRACTIONS. For every game, show or
attraction mentioned in Section 3 . 84 . 090 (first paragraph) and
(1) when said game, show or attraction is conducted or presented
as part of or at the same time as the other games, shows or
attractions, as mentioned herein, and are conducted or presented
under proper license the tax per day for each such separate game,
show or attraction shall be at the rate set forth in Section
3 . 90. 210 (k) .
3 . 84 . 090 Circus--Menagerie. For each exhibition, for pay,
of a circus, caravan, menagerie or entertainment at which feats
of horsemanship, acrobatic, and trained or wild animals are
exhibited or displayed in this city, the tax for each performance
shall be at the rate set forth in Section 3 . 90.210 (0) .
(1) SEPARATE EXHIBITION--SIDESHOW. For each separate
exhibition or sideshow of any panorama figures, jugglers,
necromancers, magicians, wire or rope walking, sleight-of-hand
act or other attraction there shall be an additional tax for each
performance at the rate set forth in Section 3 .90.210 (0) .
(2) SEPARATE PRICE. When a separate price is charged, each
shall be considered a separate exhibition.
(3) DAY AND NIGHT PERFORMANCES. An exhibition in the
daytime shall be considered one performance, and exhibitions
after dark on the same day considered other performances.
or fraction thereof shall be at the rate set forth in Section
l 3 . 90. 210 (m) .
�y( (5) MERRY-GO-ROUND. For any flying horses,
�(lmerry-go-rounds, ferris wheels or other riding devices not in
U conjunction with any other show, game, attraction or carnival as
Pmentioned herein, the tax per day shall be at the rate set forth
in Section 3 . 90. 210 (k) .
I 3 . 84 . 100 Charter bus service. For the business of operating
a charter bus service, the tax per year shall be at the rate set
forth in Section 3 . 90. 210 (k) .
3 . 84 . 110 Clubs, private recreational . Private recreational
clubs shall pay for each separate type of activity in
accordance with the tax rates set forth in Chapters 3 .80
through 3 . 96.
3 . 84 . 120 Coin-operated machines--Generally--Exceptions
(a) Except where such business activity is taxed on a gross
receipts basis as specified elesewhere in this title, every
person owning, possessing or maintaining any coin-operated
machine used or placed for business purposes shall pay tax
according to the schedules set forthin the sections herein
following, as applicable.
(b) The license taxes prescribed in the sections herein
following are in addition to the license taxes required by
Chapters 3 . 40 through 3 . 96 for any other business, occupation,
show, exhibition or game that the same may be conducted in
conjunction therewith.
(c) Although a tax liability hereunder may be incurred in
connection with any coin-operated nachine, nothing herein skull
be construed to imply an intent to allow or provide for the use
I or possession of any machine or device prohibited by law.
(d) A license shall be issued for one or more machines at
specific locations or premises, with the privilege of
substituting machines.
(e) The provisions in this title relating to business
license taxation of coin-operated machines shall not be deemed to
apply to:
(1) Machines such as telephones and metered dispensers
utilized in distributing, dispensing or providing a public
utility commodity or service by a public utility commodity or
service by a public utility subject to control by the Public
Utilities Commission or the Interstate Commerce Commission;
. ;y
ORD. NO. 1257
PAGE 4 .
(2) Vending boxes or machines for newspapers,
magazines or other publications.
3 84 130 Coin-operated machines--Application--Change of
location._ The licensee of each such machine shall, at the time
of application for the license or renewal of license, advise the
collector, in writing, as to the location of each machine to be
licensed.
3 84 140 Coin-operated machines--Schedule of taxes. Taxes
for any coin-operated machine shall be: charged for each such
machine, for one year or fraction thereof, according to the
following schedule:
(1) Self-service laundry machines, at the rate set forth in
Section 3 . 90. 210 (f) ;
(2) Photograph machines, at the rate set forth in Section
3 . 90 . 210 (m) ;
(3) Device requiring coin to open, at the rate set forth in
Section 3 . 90. 210 (c) ;
(4) All other coin-operated machines, including without
limitation, beverages, cigarettes, food, kiddie rides, postage
stamps, radio devices and machines or devices used for a
purpose other than those specifically mentioned herein, at the
rate set forth in Section 3 .90. 210 (g) .
3 . 84 . 150 Wired music services. Except where such business
activity is taxed on a gross receipts basis as specified elsewhere
in this title, for every person owning, operating, possessing or
maintaining a wired music system by which music, sound or voice
is distributed or reproducted over wires from a central station
to outlets at more than one separate place of business, upon a
contract or other basis, the tax per year for each station from
which music is transmitted shall be at the rate set forth in
Sestion 3 . 90.210 (m) .
3 . 84 160 Coin-operated machines--Jukeboxes. Except where such
business activity is taxed on a gross receipts basis as specified
elsewhere in this title, for every person owning, operating,
possessing or maintaining a coin-operated phonograph or other device
by which music, sound or voice intended primarily for amusement
purposes is produced at a single place of business, the tax shall be
at the rate set forth in Section 3 . 90 . 210 (j ) .
3 84 170 Coin-operated machines--Seizure for nonpayment.
Any coin-operated machine, device or game not licensed under
this chapter and found in any store, hotel, motel, restaurant,
cafe, pool hall or other commercial establishment or public
place in the city may be seized by the chief of police or the
collector. Such a machine shall be redeemable by the true
owner only within a period of not exceeding sixty days on the
payment of costs of seizure, if any, to the city, together with
the license tax, plus penalty, if any, for the period during
which such machine was installed, used or maintained without a
city license.
3 84 . 180 Coin-operated machine:;--Redemption and/or sale. If
the true owner cannot be found after reasonable inquiry, or if the
owner fails to redeem, then the machine may be confiscated and sold
by the collector at the end of sixty days, after notice by
registered mail to the last known address, if any, of the owner.
The proceeds of such sale shall be credited to the general fund of
the city.
ORD. NO. 1257
PAGE 5.
3_84 . 190 Dance or dance hall. For public dances, dance hall
or ballroom open to the general public, or any club or association
which conducts dances only for its members or bona fide guests,
more often than once per month, at which a fee is charged, the tax
per day shall be at the rae set forth in Section 3 .90. 210 (j )
or a tax per year at the rate set forth in Section 3 .90. 210 (r)
in addition to the license tax required by Chapters 3 . 40 through
3 . 96 for any other business, occupation, show, exhibition or game
that the public dance may be conducted in conjunction with.
3 . 84 . 200 Delivery and transfer services Trucking lines,
including all common carriers excluding those licensed by the
Interstate Commerce Commission, shall pay a tax per year at the rate
set forth in Section 3 .90.210 (k) .
3 . 84 . 210 Fertilizer. Where fertilizer only is sold and
delivered from outside the city, the tax per year shall be at the
rate set forth in Section 3 . 90.210 (k) .
3 . 84 . 220 _ Hotels apartments rooming houses and rest
homes--Generally For the business of renting or letting rooms, or
providing resident services, in any hotel, rooming house, boarding
house, apartment house, court, lodging house, convalescent home,
rest home, halfway home, rehabilitation home, etc. , according to
the number of rooms equipped for sleeping purposes which are for
rent or to be let, the taxes shall be as follows:
(1) Three to six rooms, inclusive, per year, or portion thereo
at the rate set forth in Section 3 . 90.210 (j ) ;
(2) Seven to twelve rooms, inclusive, per year, or portion
thereof, at the rate set forth in Section 3 .90. 210 (k) ;
(3) Thirteen or more rooms, per room, per year or portion
thereof, at the rate set forth in Section 3 .90.210 (e) .
3 . 84 . 230 Hotels apartments rooming houses and rest
homes--Dining areas For all dining areas or restaurants where food
is prepared for guests in conjunction with any hotel, apartment
house, rooming house, boarding house, lodging house or court, there
shall be an additional tax per year at the rate set forth in Section
3 . 90. 260 (k) .
3 . 84 . 240 Hotels apartments roomina houses and rest
homes--Food served. For food or beverages served in conjunction
with such hotel, apartment house, or rooming house, lodging house or
court, without dining area or restaurant space, there shall be an
additional tax per year at the rate set forth in Section
3 . 90. 210 (j ) .
3 . 84 . 250 Laundry and cleaning businesses For every local
laundry and/or cleaning and pressing business the tax per year shall
be at the rate set forth in Section 3 . 90.210 (p) .
(1) OUT-OF-TOWN OPERATORS. For every out-of-town laundry
and/or cleaning and pressing business, the tax per year shall be at
the rate set forth in Section 3 . 90. 210 (t) .
(2) SPECIALTY LAUNDRY. For every laundry dealing solely in
the cleaning and pressing of rags, mops, uniforms or a combination
thereof, the tax shall be at the rate set forth in Section
3 . 90 . 210 (k) .
(3) ROUGH DRY LAUNDRY. The tax per year shall .be at the rate
set forth in Section 3 . 90. 210 (k) .
3 . 84 . 260 Model home. For model homes the tax per year over and
above all other permit fees imposed by other ordinances of the city
shall be at the rate set forth in Section 3 . 90. 210 (u) .
3 . 84 . 270 Nurse professional. For each professional nurse,
the tax per year or portion thereof shall be at the rate set forth
in Section 3 . 90. 210 (h) .
3 . 84 . 280 Patrol private For conducting a private patrol,
ORD. NO. 1257
PAGE 6.
detective agency or a night watch service, the tax shall be at the
rate set forth in Section 3 .90.210 (r) .
3 . 84 . 290 Pawnbroker. For every pawnbroker, the tax per year
shall be at the rate set forth in Section 3 .90. 210(u) .
3 . 84 . 300 Peddlers or solicitors. For every peddler or
solicitor, not a resident of Palm Springs, the tax per year or
fraction thereof shall be at the rate ;set forth in Section
3 . 90 . 210 (r) .
(1) For every peddling or soliciting operation or business,
where the peddlers, solicitors, or representatives are residents of
Palm Springs, the tax per year or fraction thereof for one to two
peddlers, solicitors of representatives shall be at the rate set
forth in Section 3 .90. 210 (0) ; and for any peddlers, solicitors or
representatives in excess of two, triple the amount computed on the
basis of the graduated scale.
(2) This section shall not be deemed to apply to advertising
or promotional schemes by local or out.-of-town retail or wholesale
business houses, or any other similar established business, but its
application shall be limited to only those businesses or operations
whose only method of sale is through door-to-door or place-to-place
solicitation or other method of peddling.
3_84 . 310 Pickup of goods, wares or waste products. For the
pickup of goods, wares or waste products, for use or repair outside
the city, the tax per year shall be at. the rate set forth in Section
3 . 90. 210 (j ) .
3_84 . 320 Pool , billiards, bowling and the like. Except where
such business activity is taxed on a gross receipts basis as
specified elsewhere in this title, for every person operating an
establishment where the principal business is pool, billiards, I
bowling alleys, shuffleboard or similar games, or a combination
thereof, the base tax per year shall loe at the rate set forth in
Section 3 . 50.210 (u) plus an additional tax for each machine, alley,
table or other device, whether used or not at the rate set forth in
Section 3 . 20. 210 (h) . For every such game, amusement, table, alley
or device used in a place of business only incidentally to another
principal business activity and not taxable on the above basis, the
tax for each machine, alley, table or other device, whether fully
utilized or not shall be at the rate set forth in Section
3 . 90. 210 (j ) . In computing taxes pursuant to this section, there
shall be excluded any coin-operated machines separately taxed on a
gross receipts basis as specified elsewhere in this title.
3 . 84 . 330 Prefabricated Buildings. For every person
dealing in or selling prefabricated or ready-cut buildings, the
tax per year in addition to the license tax applicable for
contractors shall be at the rate set forth in Section
3 . 90 . 210 (p) .
3 . 84 . 340 Salesman or commercial. traveler. For any
person who travels or goes from place: to place within the city
and solicits, sells or takes orders at retail or wholesale from
business establishments, for goods, wares, or merchandise for
present or future delivery, the tax per year shall be at the
rate set forth in Section 3 .90. 210(k) .
3 . 84 . 350 Secondhand dealer. For every dealer in
secondhand goods, wares or merchandise not otherwise
specifically mentioned in Chapters 3 .40 through 3 .96, the tax
per year shall be at the rate set forth in Section 3.90. 210(p) .
3 . 84 . 360 Sports events. For every person conducting,
managing, or carrying on a boxing, wrestling or other sports
event or exhibition where an admission is charged, the tax per
day shall be at the rate set forth in Section 3 .90. 210 (j ) .
ORD. NO. 1257
PAGE 7 .
3 . 84 . 370 Telegraph companies. For intrastate business,
the tax per year shall be at the rate set forth in Section
3 .90, 210 (m) .
3 . 84 . 380 Theaters and shows motion picture and
theatrical--Drive-in theaters. For every theater and show,
motion picture or theatrical, including drive-in theaters, at
an established place of business, the license taxes shall be as
follows:
(1) LESS THAN YEAR. For less than one year, at the rate
per day set forth in Section 3 .90. 210 (1) ;
(2) YEARLY. one to one hundred seats or speakers, at the
rate per year set forth in Section 3 .90. 210(p) ;
(3) OVER ONE HUNDRED SEATS OR SPEAKERS. For theaters
with more than one hundred seats or speakers, an additional tax
per year for each seat or speaker in excess of one hundred at
the rate set forth in Section 3.90.210 (a) .
3 . 84 . 390 Trailer or recreational vehicle narks For the
business of leasing or renting spaces in any trailer or mobile
home park, or recreational vehicle park, a license tax shall be
computed according to the number of spaces, at the rate per
space, per year or portion thereof, as set forth in section
3 . 90.210 (d) .
3 . 84 . 400 Woodyards. For a firewood yard business, or
for dealing in firewood, the tax per year for local or
out-of-town dealers shall be at the rate set forth in Section
3 . 90. 210 (j ) .
3 .84 . 410 Wholesale distributors--Wholesale delivery.
For any number of motor vehicles used for the delivery of
goods, wares, merchandise or tangible personal property,
intended for redistribution or resale and actually
redistributed or resold, the tax per year shall be at the rate
set forth in Section 3 .90.210 (j ) .
3 . 84 . 420 optional daily fixed rate license tax basis
When any of the following is conducted as or at a commercial
activity open to all or parts of the general public, whether
or not associated with another activity such as a convention,
exhibition, showing or other gathering or event, the person
conducting the business may, at his option, be taxed on a daily
fixed rate basis for the following business activities, in lieu
of longer term tax bases, and at the following rates:
(1) TEMPORARY RETAIL SALES. For the first four booths or
individuals selling outside booths, per day at the rate set
forth in Section 3 .90.210(j) .
(2) EXHIBITS OR SHOWS. Arts, coin, furniture, etc. , not
classified elsewhere at a higher daily rate, where a charge is
made for admittance but no sales are made, at the rate per day
as set forth in Section 3 . 90.210 (1) .
(3) TEMPORARY OR OCCASIONAL SEMINARS, SCHOOLS, CLASSES,
LECTURES, ETC. Where a charge is made therefor, at the rate
per day as set forth in Section 3 .90. 210(j ) .
Chapter 3 . 88
GRADUATED SCALE TAX RATES
Sections.
3 . 88 . 010 Graduated scale license tax categories
Businesses and business activities listed in this section are
subject to business license tax on the basis of the graduated
scale:
ORD. NO. 1257
PAGE 8.
( 1) Advertising agent;
( 2) Advertising, signs. Posting, affixing, stenciling
or painting advertising bills or signs upon any post, fence,
billboard, advertising signboard, building or other structure, as
well as operating and maintaining any billboards, signboards,
advertising structure or sign device;
( 3) Air cargo service;
( 4) Air charter;
( 5) Air conditioning service and maintenance;
( 6) Aircraft dealers and distributors;
( 7) Aircraft school;
( 8) Aircraft service and maintenance;
( 9) Airport, ticket office and operation;
( 10) Ambulance service;
( 11) Answering service;
( 12) Antique dealers;
( 13) Appliance service;
( 14) Armored car service;
( 15) Asphalt dealer, retail;
( 16) Automobile accessories, parts or equipment
business;
( 17) Automobile storage;
( 18) Baby stores;
( 19) Bar supplies;
( 20) Barber shop;
( 21) Baths or bathhouse;
( 22) Beauty parlor;
( 23) Beauty school;
( 24) Beds and accessories;
( 25) Bicycle repair;
( 26) Bicycle shop or stand;
( 27) Billiard equipment, retail;
( 28) Boat dealers; I
( 29) Book dealers;
( 30) Business schools;
( 31) Bus service, charter only,
( 32) Carpet installation;
( 33) Cash registers and supplies;
( 34) Chemicals, pool;
( 35) Clothing, retail;
( 36) Coin dealers;
( 37) Collection agency and/or credit bureaus;
( 36) Copying and duplicating;
( 39) Crafts and art supplies;
( 40) Data processing;
( 41) Diaper service;
( 42) Dog grooming
( 43) Dog training;
( 44) Donut shop;
( 45) Delicatessen;
( 46) Draperies, retail;
( 47) Dressmaker;
( 48) Driving school;
( 49) Electric equipment repair;
( 50) Electric cars and carts, retail;
( 51) Employment agency;
( 52) Equipment rental service,
( 53) Exhibits and shows, nontheatrical;
( 54) Fire extinguishers;
( 55) Fish market;
( 56) Frames, picture;
( 57) Funeral director;
( 58) Fur dealers;
( 59) Furniture rentals;
( 60) Gardening;
( 61) Glass, retail;
( 62) Golf course or driving range;
( 63) Greeting cards;
( 64) Guns and gunsmith;
ORD. NO. 1257
PAGE 9.
( 65) Gymnasium;
( 66) Health food store;
( 67) Insurance adjusters;
( 68) Interior decorator;
( 69) Janitorial service;
( 70) Janitorial supplies;
( 71) Jewelry, retail;
I ( 72) Landscape gardener;
( 73) Laundry and dry cleaning business branch call
office;
( 74) Land developer, land development company;
( 75) Lawnmower sales;
( 76) Lectures;
( 77) Liquor stores
( 78) Locksmith;
( 79) Mail order business;
( 80) Maintenance, buildings, windows, swimming pools,
etc.
( 81) Manufacturing;
( 82) Massage parlors or other massage operations;
( 83) Mattress dealers;
( 84) Meat, retail;
( 85) Men's clothing;
( 86) Millwork;
( 87) Mobile home dealers;
( 88) Mobile home or trailer service (preparatory) ;
( 89) Modeling school;
( 90) Mortuary, funeral home;
( 91) Motor driven cycles or scooters, rentals or sales;
( 92) Moving and storage;
( 93) Music and record sales;
I ( 94) Musical instructor;
( 95) Newspapers, magazines and other publications,
excepting that delivery boys shall not be included in
computation of tax;
( 96) Novelties, retail;
( 97) Oxygen supplies;
( 98) Paper hanger;
( 99) Parking lot; provided that no tax shall be due for
a temporary parking lot for which a permit has been issued
pursuant to Section 9405.01-A-10 of the Palm Springs zoning
Ordinance;
(100) Patio equipment and supplies;
(101) Pest control;
(102) Pet shop;
(103) Photography;
(104) Photography equipment;
(105) Photo developing;
(106) Piano tuning and repair;
(107) Printing and blueprinting;
(108) Property management;
(109) Propane dealer;
(110) Real estate school;
(111) Reducing salon;
(112) Rentals, equipment;
(113) Restaurant equipment and supplies;
(114) Retail business not classified elsewhere;
(115) Rug cleaning;
(116) Schools, seminars or classes;
(117) Service business not classified elsewhere;
(118) sightseeing tours;
(119) Sign painter;
(120) Sound systems and equipment;
(121) Stable;
(122) Stamp stores;
(123) Stenographers, public;
(124) swimming pool equipment and supplies;
(125) Tailor;
(126) Telephone company;
ORD. NO. 1257
PAGE 10.
(127) Television cable service;
(126) Television or radio service;
(129) Tennis instructor;
(130) Tire dealer;
(131) Toys, retail;
(132) Travel bureau;
(133) Tree service;
(134) Vehicle painting; I
(135) Vehicle upholstering and/or top shop;
(136) Weather forecast service;
(137) Weed control service;
(138) Wholesale distributor or delivery;
(139) Wigs, retail;
(140) Window cleaning;
(141) Women' s clothing.
Chapter 3 .90
GRADUATED SCALE WITfT MINIMUM TAX
Sections:
3 .90. 010 Categories subject to minimum tax.
3 .90. 020 Brickyard.
3 . 90. 030 Brokers, stocks and ]bonds or insurance.
3 . 90. 040 Building supplies.
3 .90. 050 Dancing school--Generally.
3 . 90. 060 Dancing school--Children' s.
3 , 90, 070 Eating and/or drinking places--Generally.
3 .90. 080 Eating and/or drinking places--Dancing.
3 . 90. 090 Escrow business.
3 . 90. 100 Ice manufacturing, distribution or vending. I
3 .90. 110 Investments, loans or similar businesses.
3 . 90. 120 Lumber or lumber yard.
3 . 90. 130 Mobilehomes, trailers and recreational
vehicles, nonmotorized.
3 . 90. 140 Radio or television broadcasting.
3 . 90. 150 Skating rink.
3 .90. 160 Vehicle service stations and garages.
3 . 90. 170 Vehicle sales and service.
3 .90. 180 Vehicle towing or transporting.
3 . 90. 190 Contractors.
3 .90. 200 Professional classifications.
3 90 010 Categories subject to mj.nimum tax. Businesses and
business activities listed in Sections 3 .90. 020 through
3 .90. 200 are subject to business license tax on the basis of
the graduated scale, but subject to the minimum tax as set
forth herein.
3 90 020 Brickyard. The minimum tax for a brickyard
shall be as set forth in Section 3 .90. 210 (m) .
3 90 030 Brokers, stocks and bonds or insurance. The
minimum tax for brokers of stocks and bonds, or insurance
shall be as set forth in Section 3.90.210 (m) . I
3 90 040 Building supplies. (a) GENERAL. The minimum 1
tax shall be as set forth in Section 3 .90.210 (p) , except that
for out-of-town operators, the minimum tax shall be as set
forth in Section 3 .90. 210(t) .
(b) LIMITED. For those dealing in but one commodity, the
minimum tax shall be as set forth in Section 3 .90.210 (k) ;
except that for out-of-town operators, the minimum tax shall
be as set forth in Section 3 .90.210 (m) .
3 90 050 Dancing school--Generally. For every dancing
school or academy for persons over the age of eighteen years,
the minimum tax shall be as set forth in Section 3.90. 210 (m) ,
ORD. WO. 1257
PAGE 1.1.
in addition to any other applicable license tax which may be
required in connection with any other business, show,
exhibition or game in conjunction with which the said dancing
school- or academy, or public dance, is conducted.
3 .90 . 060 Dancing school-,Cildren's. For every dancing
school, or academy for children not more than eighteen years of
I age the minimum tax shall be as set forth in Section
3 . 90. 210 (k) .
3.90_0 70 Eating anAZ ,dr nk n plae es -Generally. For
every lunch counter, the minimum tax shall be as set forth in
Section 3 .90. 210 (k) . For every restaurant, cafeteria, bar,
cocktail lounge, night club, pub or beer bar, or any other
place with booths or tables, the minimum tax shall be as set
forth in Section 3.90.210(m) .
y
3 . 90. 080 Eating and or dri.nking places-_-Dancing For
every eating and/or drinking place at which any dancing club,
public dance or public dance hall is conducted in conjunction
therewith, a license tax at the rate set forth in Section
3 .90.210 (r) shall be paid in addition to the regular license
tasr for said eating and/or drinking place.
3 . 90_090 Escrow business. The minimum tax for an escrow
business shall be as set forth in Section 3 .90.210(m) .
3 .90._100 Ice manufacturincl distribution or vending_ The
minimum tax rates for ice manufacturing, distribution or
vending shall be as follows:
(1) FANUFACTURING. For every manufacturer of ice, at the
I rate set forth in Section 3.90.210(p) .
(2) DISTRIBUTING AND MENDING. For every distributor or
vendor of ice, not a manufacturer, at the rate set forth in
Section 3 .90. 210 (m) .
(3) VENDING MACHINES. Except where such business
activity is taxed on a gross receipts basis as specified
elsewhere in this title, every manufacturer, distributor or
vendor of ice shall pay, in addition to the above basic taxes
an additional tax for each coin operated machine at the rate
set forth in Section 3 . 90. 210(g) .
3. 90. 1.10 Investments, Loan or similar businesses. The
minimum tax for investments, loans or similar businesses shall
be as set forth in Section 3 . 90.210 (m) .
3_- 90® 120 number or laamber yard. For conducting or
carrying on a lumber business or lumber yard, the minimum tax
shall be as set forth in Section 3.90. 210(p) , except that for
out--of--town dealers, the minimum tax shall be as set forth in
Section 3 . 90.210 (t) .
3 . 90. 1,30 Mobilehomes i ailers and recreational vehicles,
nonmotorized. For conducting the business of selling, and/or
leasing and/or renting nonmotorized vehicles such as
nobilehomes, trailers and recreational vehicles, the minimum
tax shall be as set forth in Section 3.90.210 (p) .
3 .90 . 140 Radio or television broadcasting. The minimum
tanc for radio or television broadcasting shall be as set forth
in Section 3 . 90.210 (p) .
3_900.150 Skating rink The minimum tax for a skating
rink shall be as set forth in Section 3 .90.210(m) .
3 .90. 160 vehicle service stations and garages For every
service station, garage or repair shop where motor vehicles
are serviced, repaired or maintained, the minimum tax shall be
as set forth in Section 3 .90.210(m) . In addition to the basic
ORD. NO. 1257
PAGE 12
tax, there shall be paid an additional tax for every fuel pump
in excess of five in number at the rate set forth in Section
3 .90.210 (1) .
3_90. J.70 Vehicle sales and service. For every
factory-franchised dealer conducting the business of dealing in
or selling (including leasing and renting) new or used
motorized vehicles other than motor-driven cycles or motor
scooters, whether or not with a service and repair department
or facility, the minimum tax shall be as set forth in Section
3 . 90. 210 (p) . For other businesses dealing in or selling such
-motorized vehicles, the minimum tax shall be as set forth in
Section 3 .90. 210(p) , so long as there is no leasing or renting
of such vehicles. For any such business which does engage in
leasing or renting of said motorized vehicles, the minimum tax
shall be as set forth in Section 3 .90.210(u) ; provided that
'the minimum rate for out-of-town operators shall be as set
forth in Section 3 .90.210(x) .
3 .90 180 Vehicle towing or transporting. The minimum tax
for vehicle towing or transporting shall be at the rate set
forth in Section 3 .90. 210 (m) .
3 . 90. 190 Contractors. The minimum taxes for contractors
shall be as follows:
MINIMUM TAX AS
SET FORTH IN
SECTION 3 .90.210,
TYPE CLASS SUBSECTION:
( 1) General engineering contractor A (n) I
( 2) General building contractor B-1 (1)
( 3) Boilers, hot water heating,
steam fitter C- 4 (k)
( 4) Cabinet and mill work C-6 (k)
( 5) Cement and concrete C-8 (1)
(( 6) Electrical (general) C-10 (k)
( 7) Electrical signs C-45 (k)
( 8) Elevator installation C-11 (k)
( 9) Excavating, grading, trenching,
paving, surfacing C-12 (1)
(10) Fire protection engineering C-16 (k)
(11) Flooring (wood) C-15 (k)
(12) Glazing C-17 (k)
(13) Housing and building moving C-21 (1.)
(14) Insulation C-2 (k)
(15) Landscaping C-27 (k)
(16) Lathing C-26 (k)
(17) Masonry C-29 (k)
(18) Ornamental metals C-23 (k)
(19) Painting, decorating C-33 (k)
(20) Plastering 5 (1)
C-3 C-3
(21) Plumbing 6 (1)
(22) Refrigeration C-38 (1)
(23) Roofing
(24) Sewer, sewage disposal, drains,
cement pipe laying C-42 (k)
(25) Sheet metal C-43 (k)
(26) Steel reinforcing C-50 (k)
(27) steel structural C-51 (1)
(28) structural pest control C-22 (k)
(29) Swimming pool C-53 (k)
(30) Tile (ceramic or mosaic) C-54 (k)
(31) Warm-air heating, ventilating,
air conditioning C-20 (k)
(32) Welding C-60 (k)
(33) Well drilling C-57 (k)
(34) Classified specialists C-61 (k)
ORD.N'O. 1257
PAGE 13 .
(35) ADDITIONAL 'PAX FOR SHOP OR STORE. 2n addition to the
basic license tax payabla by a contractor as computed pursuant
to Section 3 . 90. 010 and the subdivisions of this section
above, each contractor shall pay tax computed on the basis of
• .lac graduated scale, for any shop or store operated at a fixed
Place of business within the city in conjunction with the
contracting business.
I 3 . 90. 200 Professional. classifications The following
classifications are for the purposes of Chapters 3.80 through
3 . 96, considered to be of a professional nature, and each such
prOfessioaaal Individual shall pay a minimum annual tax as set
forth in Section 3 . 90. 210 (1) ,
( 1) Accountant; (13) Marriage and family counselor;
( 2) Appraiser; (14) Oculist;
( 3) Architect; (15) Optician;
( 4) Assayer; (16) Optometrist;
( 5) Attorney; (17) Osteopath;
( 6) Chiropodist; (18) Physician;
( 7) Chiropractor; (19) Physiologist;
( 8) Dentist; (20) Physiotherapist;
( 9) Designer; (21) Psychologist;
(10) Electrologist; (22) Surveyor;
(11) Engineer; (23) Veterinarian;
(12) Hypnotherapist; (24) X-Ray technician.
SECTION 2 . Section 3.90. 210 is hereby added to the Palm
Springs Municipal Code, to read as follows:
I 113 .90. 210 Business _License `Pax Rates The tax
rates set forth in this section shall apply to each business
or business activity made subject to the rates stated in the
respective subsections hereof, in the amounts and during the
tialye periods stated herein.
Tax Rate "Pax Rate
March 1, January 1,
Tax Rate 1966 to 1987, to 'Pax Rate
prior to December 31, December 31, on and after
Sub- March 1, 1986, 1987 in- January 1,
Section 1986 Inclusive clusive 1988
(a) $ .20 $ . 22 $ . 24 $ .27
(b) 1. 00 1. 10 1. 21 1. 33
(c) 2 . 00 2 . 20 2 . 42 2 .66
(d) 3 . 00 3 . 00 4 . 00 4.00
(a) 4 . 00 4. 00 5.00 5. 00
(f) 5. 00 6. 00 6. 00 7< 00
(g) 10. 00 11. 00 12. 00 13 .00
(h) 15 . 00 17. 00 18. 00 20.00
(1) 20. 00 22 . 00 24 . 00 27. 00
(j ) 25. 00 28. 00 30. 00 33 .00
(k) 50. 00 55. 00 61. 00 67. 00
(1) 75. 00 83 . 00 91. 00 100. 00
(gin) 100. 00 110.00 121. 00 133 .00
(n) 1.25. 00 138 . 00 151. 00 166. 00
(0) 3.50. 00 165. 00 182 . 00 200. 00
(p) 200. 00 2.,,0. 00 242 . 00 266. 00
(q) 250. 00 275. 00 303 . 00 333. 00
(r) 300. 00 330.00 363 . 00 399.00
(s) 350. 00 385. 00 424. 00 466. 00
('t) 400. 00 440. 00 484 . 00 532. 00
(u) 500. 00 550. 00 605. 00 666. 00
(v) 600. 00 660. 00 726. 00 799. 00
(w) 700. 00 770. 00 847. 00 932 .00
(x) 750. 00 825. 00 908 . 00 998. 00
(y) 300. 00 880. 00 968 . 00 11065. 00
ORD.HO� 1257
P11GEP 14
r3EcTIION 3 . EFFECTIVE DATE. This ordinance relates to taxes for
the usual and current expenses of the city, and accordingly shall
taiu e effect immediately upon adoption.
SEc,rjON 4. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this ordinance, and to cause I
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 February - � 1986.
KYT-S. Councilmembers Birer, Foster, Maryanov, Smith & Mayor Bogert
M'dors'. None
:IBSENT, None
CITY OF PALMY SPRI�IG�S, CALIFORNIA
1�y_ - TY CLERIC MIAYOR
REVIEWED & APPROVED: 1�f ��—
I HEREBY CERTIFY that the Foregoing Ordinance 1257 was duly adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held
on February 19, '1986 and that a summary of same was published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said City, I
on February 10 and 26, 1986 1)__
,e
DITH SUMICH
City Clerk
Note: The following subsections 3 and 4 of 3.84. 090 were inadvertently
omitted, and read as follows:
(3) DAY AND NIGHT PERFORMANCES. An exhibition -in the daytime shall be
considered one performance, and exhibitions after dark on the same day
considered other performances.
(4) MEDICINE SHOW. For any medicine show, the tax per day or fraction
thereof shall be at the rate set forth in Section 3.90.210(m) .
Above per memorandum of City Attorney dated March 26, 1986.
�JUDITH 4SUMICH
City Clerk
I
ORDINANCE NO. 1258
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 5.40.060
THROUGH 5.40.100 TO THE PALM SPRINGS
MUNICIPAL CODE TO REQUIRE TAXICAB DRIVERS
TO OBTAIN A CITY OPERATOR'S PERMIT AND
SETTING FORTH THE REQUIREMENTS THEREOF.
[HE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Chapter 5.40 of the Palm Springs Municipal Code is hereby amended
by adding thereto Sections 5.40.060 through Section 5.40.100 and reading as
follows
5.40.060 Operator' s permit required. (a) No person shall operate
a taxicab vehicle in the City of Palm Springs without first having
obtained a City of Palm Springs operator' s permit from the business
license collector pursuant to the provisions of this Chapter. Said
permit shall be valid for a period of three years after the date of
issuance unless earlier suspended or revoked.
(h) The business license collector may issue an operator' s
permit to an applicant upon being furnished with an authenticated copy
of an equivalent operator' s permit issued by another governmental agency
located in Riverside County if the business license collector determines
that a satisfactory investigation of the applicant' s qualifications has
been made. Upon such determination, the investigation otherwise
required by this Chapter shall not be required.
I 5.040.070 Requirements and Duties. (a) A permittee, while
operating a taxicab in the City of Palm Springs, shall at all times be
possessed of a current City of Palm Springs operator' s permit, which
permit shall be prominently displayed on the dashboard or sun visor.
(b) The permittee shall surrender to the business license
collector said current operator' s permit forthwith when the permittee' s
affiliation with the fleet, company, or association indicated on the
permit is terminated, or upon suspension or revocation of said permit.
(c) The permittee shall not operate a taxicab unless said
permittee has a valid California driver' s license and such other
licenses and permits as may be required by any governmental agency. If
the permittee' s driver' s license or other required license or permit is
at any time suspended or revoked, the permittee shall immediately notify
the business license collector in writing of such suspension or revoca-
tion and shall surrender said operator' s permit to the business license
collector forthwith.
(d) The permittee shall operate a taxicab only for the fleet,
company, or association stated on the operator' s permit. The operator' s
permit shall become immediately null and void upon termination of
permittee' s association with said fleet, company or association.
I (e) The issuance of an operator' s permit shall not constitute a
grant of authority to violate any provisions of the Palm Springs
Municipal Code, or of any other ordinances or regulations of the City of
Palm Springs or any other duly enacted law or regulation.
Ord No. 1258
Page 2
5.40.080 Application and Issuance. (a) An applicant for an
operator' s permit shall file with the business license collector an
approved application form which shall contain the following information:
(1) Applicant' s full name, address, and age;
(2) Applicant' s last two previous addresses;
(3) Applicant' s business, occupation, or employment for
the three year' s immediately preceeding the date of application;
(4) A listing of all equivalent permits which have been
issued to applicant by any governmental agency, including the name of
each issuing governmental agency, the time period when each permit was
in effect, and the reason for termination of each permit;
(5) Applicant' s height, weight, sex, and color of eyes and
hair;
(6) One portrait photograph of the applicant at least two
inches by two inches and a complete set of applicant' s fingerprints
which shall be taken by the Chief of Police or his agent;
(7) The number and expiration date of applicant' s
California driver' s license and each and every other required license or
permit, the endorsement of the owner of the fleet, company, or associa-
tion for which applicant will be operating a taxicab;
(8) All criminal convictions other than minor traffic
violations, including dates of conviction, the charges leading to the I
conviction, and the court where the conviction was rendered; and
(9) Authorization for the city, or its agents or
employees, to seek information and conduct an investigation into the
truth of the statements set forth in the application and the qualifica-
tions of the applicant.
(b) The application shall be referred to the Chief of Police who
shall conduct an investigation of the applicant, which investigation
shall include verification of the information provided in the applica-
tion and such other matters as are necessary for the public safety and
well-being.
(c) The operator' s permit shall not authorize operation of a
taxicab for any fleet, company, or association, except as therein shown.
(d) The business license collector shall deny the application
for operator' s permit if it is found that:
(1) Applicant is under the age of 18 years;
(2) Applicant does not possess a valid California driver' s
license;
(3) Applicant has been convicted of reckless driving, I
driving under the influence of alcohol , or driving under the influence
of a controlled substance, within 3 years preceeding the date of appli-
cation;
(4) Applicant is unable to demonstrate to the satisfaction
of the business license collector, applicant' s ability to properly
perform the work which applicant would be authorized to do by said
permit, applicant' s ability to communicate in English, applicant' s
ability to locate, with the aid of a street atlas, street addresses and
intersections, and the ability to communicate points of interest;
Ord No. 1258
Page 3
(5) Applicant has been convicted of or has pleaded guilty
to two or, more moving violations of state or city traffic vehicle laws
within the year proceeding the date of applicaiton or five such viola-
tions within the four years preceeding the date of application; or
(6) The character, reputation or moral integrity of appli-
cant as it relates to the operation of a taxicab is found to be inimical
to the public health, safety, or general welfare.
5.40.090 Operator' s Permit Fee. An operator' s permit fee in an
amount to be established from time to time by resolution of the City
Council shall be paid to the business license collector upon filing of
the permit application.
5.40.100 Suspension or Revocation of Permit. (a) The City
Council shall have the power to suspend for an appropriate period of
time or revoke an operator' s permit issued pursuant to this Chapter if,
after public hearing, it shall find that the permittee has made a false
statement on his permit application, has committed an act in violation
of this Chapter, that there exists a state of facts which would have
constituted good and sufficient reason to deny the issuance of an
operator' s permit when applied for, regardless of when such state of
facts arose, or if the protection of the public peace, health, safety or
general welfare requires such revocation or suspension.
(b) When, in the opinion of the business license collector, a
permittee becomes an immediate and significant threat to the public
safety and welfare, the business license collector may summarily suspend
said permittee' s operator' s permit for a period of time not to exceed 60
I days. Upon such summary suspension, the business license collector
shall forthwith bring the matter before the City Council for public
hearing at its next regularly scheduled session. The City Council
shall , for good cause shown, have the power to remove the summary sus-
pension, increase suspension for an appropriate period of time, or
revoke the permittee's operator' s permit.
(c) All notices of public hearing pursuant to this Section shall
be served on the permittee and on the fleet, company or association
shown on the operator' s permit, by personal service or by certified
mail .
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after adoption.
SI:=CTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the adoption 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 February 1986.
AYES: Councilmembers Birer, Foster, Maryanov, Smith & Mayor Bogert
NOES: None
ABSENT: None
M SPRINGS,
---------- �-- IFORNIA
B
City Ma Clerk ------------ -- �- -��-- or / ~
Al TEST.._ L
y � -.
REVIEWED gr APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance '1258 was duly adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held
on February 19, 1986 and that a summary of same was published in THE DESERT
SUM, a newspaper of general circulation, printed and published in said City,
on Feburyar 10 and 26, 1986.
iiTnTTu cnnerru
ORDINANCE NO. 1259
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING PORTIONS OF CHAPTER 11.76
OF THE PALMS SPRINGS MUNICIPAL CODE RELATING
TO PROCEDURES FOR THE SALE: AND DISPOSITION
OF UNCLAIMED PROPERTY.
THE CITY COUNCIL OF THE CITY OF PALM SPRIENGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Sections 11.76. 060 though 11.76. 100 of the Palm
Springs Municipal Code are hereby amended to read as follows:
11. 76. 060 Transfer to Purchasing Agent. At any
time after holding the unclaimed property for at least three
months, the Chief of Police shall transfer such property to
the City Purchasing Agent for sale to the public at public
auction except if the City shall determine that any such
property transferred to the City Purchasing Agent is needed
for a public use, such property may be retained by the City
and need not be sold. Upon transfer to the Purchasing Agent,
such property shall no longer be redeemable by the owner or
other person entitled to possession.
11. 76. 070 Notice of Sale. Notice of such sale
shall be given by the City Manager, or his designee, at least
five days before the time fixed therefor, by publication once
in a newspaper of general circulation published in the county
in which such property was found. Said notice shall
designate the time and place of sale together with a brief
description of the unclaimed property to be sold.
11 76 080 Sale--Disposition of Proceeds. After
having duly published the notice provided for by Section
11. 76 . 070, the Purchasing Agent shall, at the time and place
designated in the notice, proceed to sell at public auction
to the highest bidder for cash, lawful money of the United
States of America, the property described in said notice,
and, after having paid the just and reasonable expenses for
storage, notice of publication and sale, from the proceeds of
said sale, shall turn the remainder of the proceeds over to
'the City Treasurer for deposit into the General Fund.
11 76 090 Accounting by Purchasing Agent. The
Purchasing Agent shall give a full accounting as to the
proceeds of the said sale and the disposition thereof to the
City Manager within 30 days following the sale.
11. 76 . 100 Any property remaining unsold after
being offered at such public auction, may be destroyed or
otherwise disposed of by the City.
SECTION 2 . Section 11.76. 110 of the Palm Springs Municipal Code
is hereby repealed.
SECTION 3 . EFFECTIVE DATE. This Ordinance shall be in full
force and effect thirty 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 the same or a summary thereof or a display advertisement
duly prepared according to law to be published in accordance with
law.
ORD. NO. 1259
PAGE 2
ADOPTED this 19th day of February , 1986.
AYES. Councilmembers Birer, Foster, Maryanov, Smith & Mayor Bogert
NOES, None
ABSENT."; None
CITY OF PALY+! SPRINGSI',7 CALIFORNIA
��ITY CLERN �j, MAYOR 1'f
REVIEWED & APPROVED
3,.ORD2 .LGL
I HEREBY CERTIFY that the foregoing Ordinance 1259 was duly adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held
on February 19, 1986 and that a summary of same was published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said City,
on February 10 and 26, 1986
i D-- TH SUMICH
City Clerk
I
s�
ORDINANCE NO. 1260
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTIONS 1.01.165 AND
11.72.245 TO, AND AMENDING SECTION
1..01.170 OF THE PALM SPRINGS MUNICIPAL
CODE, DEFINING ADDITIONAL PUBLIC
NUISANCES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS I
FOLLOWS:
SECTION 1, Chapter 1.01 of the Palm Springs Municipal Code relating to Public
nuisances, is hereby amended by adding thereto, Section 1.01.165, to read as
follows:
1.01.165 Violations -- A Public Nuisance. Any violation of the Palm
Springs Municipal Code is a public nuisance.
SECTION 2. Section 1.01. 170 of the Palm Springs Municipal Code is hereby
amended to read as follows:
1.01.170 Abatement of Nuisance. Whenever a public nuisance is
maintained or exists in the City, either under general law or defined to
be such under this Code, the City Manager or his designee is authorized
and empowered to abate said public nuisance pursuant to the provision of
Chapter 11.72 of this Code.
SECTION 3. Chapter 11.72 of the Palm Springs Municipal Code is hereby amended
by adding thereto, Section 11.72.245 to read as follows:
11.12.245 Summary Abatement. Whenever a public nuisance is maintained I
or exists in the City, which public nuisance causes an immediate threat
to life, health, safety or the public welfare, the City Manager or, his
designee may summarily abate said public nuisance without complying with
the provisions of Sections 11.72.190 through 11.72.230.
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 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 February 1986.
AYES. Councilmembers Birer, Foster, Maryanov, Smith & Mayor Bogert
NOES: None
ABSENT: None �
ATTE - CITY OF PALM SPRINGS,�LIFORNIA
By City Clerk / ayor
REVIEWED & APPROVED:
I HEREBY CER—IIFY that the foregoing Ordinance 1260 was duly adopted by the City
Council of the City of Palm Springs, in a meeting thereof held on February 19,
1966, and that same was duly published in THE DESERT SUN, a newspaper of
general circulation, printed and published in said--City, on February 26,
1966.
L
E
'UDITH SUM CH
City Clerk
ORDINANCE NO. 1261
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 6.10 TO THE
PALM SPRINGS MUNICIPAL CODE, TO PROHIBIT
SMOKING IN CERTAIN PUBLIC AREAS.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Title 6 of the Palm Springs Municipal Code is hereby amended by
adding thereto a new chapter to be numbered 6.10 and reading as follows:
Chapter 6.10
SMOKING PROHIBITED IN CERTAIN PUBLIC AREAS
Sections:
6. 10.010 Purpose of chapter.
6. 10.020 Definitions.
6.10.030 Smoking Prohibited - Elevators.
6. 10.040 Smoking Prohibited - Hospitals, Health Care and Child Care
Facilities.
6. 10.050 Smoking Prohibited - Public Meeting Rooms.
6. 10.060 Smoking Prohibited - Theaters and Auditoriums.
6.10.070 Smoking Prohibited - Eating Establishments.
6. 10.080 Smoking Prohibited - Department Stores.
6. 10.090 Regulation of Smoking in the Work Place.
6.10. 100 Posting of Signs Required.
6, 10. 111 Other Agency Cooperation,
I 6. 10. 120 Structural Modifications Not Required.
6.10.130 Exemptions.
6. 10. 140 Penalties.
6. 10.150 Severability.
6.10.010 Purpose of chapter. Because smoking of tobacco, or any other
weed or plant, is a positive danger to health and a cause of material
annoyance, inconvenience, discomfort and a health hazard to those who are
present in confined places, and in order to serve public health, safety and
welfare, the declared purpose of this chapter is to prohibit the smoking of
tobacco, or any other weed or plant, in certain areas which are used by or
open to the public.
6. 10.020 Definitions. (a) "Bar" shall mean an area which is devoted to
serving of alcoholic beverages and in which the service of food is only
incidental to the consumption of such beverages.
(b) "Eating establishment" means every publicly or privately owned
eating place, including every coffee shop, cafeteria, short-order cafe,
luncheonette, sandwich shop, soda fountain and restaurant.
(c) "Employee" means any person who is employed by an employer for
direct or indirect monetary wages or profit.
(d) "Employer" means any person who employes the services of an
individual person.
(e) "Enclosed" means closed in by a roof and walls with appropriate
openings for ingress and egress, but does not include areas commonly described
as public lobbies.
(f) "Motion picture theater" means any theater engaged in the business
of exhibiting motion pictures.
Ord. No. 1261
Page 2
(g) "Smoking" means the combustion of any cigar, cigarette, pipe or any
similar article, using any form of tobacco or other combustible substance in
any form.
(h) "Workplace" means any enclosed area of a structure or portion
thereof intended for occupancy by business entities which will provide
primarily clerical , professional or business services of the business entity,
or which will provide primarily clerical , professional or business services to
other business entities or to the public, at that location. Workplace
includes, but is not limited to, office spaces in office buildings, medical
office waiting rooms, libraries, museums, hospitals and nursing homes.
Except as herein defined, words used in this chapter shall have the
meanings commonly ascribed to them. In case of a dispute over the meaning of
a sword, the definition shall be that given in the most recent edition of
Webster' s Collegiate Dictionary.
6.1-0.030 Smoking Prohibited - Elevators. Smoking is prohibited and is
unlawful in elevators.
6. 10.040 Smoking rohibited - Hos itals, Health Care and Child Care
facilities: (a) In public areas of health care facilities and hospitals, as
defined in Section 1250 of the California Health and Safety Code, including
waiting rooms, public hallways and lobbies, smoking is prohibited, except in
specially designated smoking areas, which may be all or part of a public area.
(b) Every publicly or privately owned health care facility, including
hospitals, shall make a reasonable effort to determine preference and to
assign patients placed in rooms occupied by two or more patients according to
the patient' s individual nonsmoking or smoking preference. Where a nonsmoker
is placed in a room with a smoker, the rights of the nonsmoker shall be given
precedence.
(c) In rooms and areas occupied by non-smoking patients, smoking shall
be prohibited for hospital staff, visitors and the general public. 'STAFF AND
VISITOR SMOKING PROHIBITED' signs and/or the international logo sign for no
smoking shall be conspicuously posted in each non-smoking patient' s room.
(d) In child care facilities, including those in private homes, during
operating hours in rooms where children are present, smoking is prohibited.
6. 10.050 Smoking ohibited - Public Meeting Rooms. Smoking is
prohibited and is unlawfulPr in hearing rooms, conference rooms, chambers and
places of public assembly in which public lousiness is conducted, when the
public business requires or provides direct participation or observation by
the general public.
6. 10.060 Smoking Prohibited - Theaters and Auditoriums. Smoking is
prohibited and is unlawful in every publicly or privately owned theater,
auditorium, or other enclosed facility which is open to the public for the
primary purpose of exhibiting any motion picture, stage drama, musical
recital , athletic events or any other performance or event in all areas except
either in that area commonly known as the lobby, or in areas not open to
public, except athletic events where smoking shall be permitted in specially
designated areas. Every owner and/or manager of such theater, auditorium or
other enclosed facility used for the purposes stated herein, shall post signs
conspicuously in the lobby stating that smoking is prohibited within the
theater, auditoriumm or facility, and in the case of motion picture theaters,
such information shall be shown upon the screen for at lease five seconds
before showing feature motion pictures. Any facility in use for conventions
or similar purposes or for exhibitions associated therewith are exempt from
the provisions of this Chapter during such use.
6. 10.070 Smoking Prohibited - Eating Establishments. Smoking is
prohibited and is unlawful in all indoor eating establishments serving food
whose occupancy capacity is fifty or more persons. This prohibition shall not
Ord. No. 1261
Page 3
apply to any such establishment maintaining a contiguous no smoking area of at
least one-quarter of the seating capacity. This prohibition shall not apply
to any rooms which are being used for eating establishment purposes for
private functions. If a smoking area is maintained, the preference of the
patron is to be determined by the management and the patron shall be seated
according to preference if possible. Any portion of an indoor eating
establishment used for bar purposes is excluded from the restrictions of this
section.
6. 10.080 Smoking Prohibited - Department Stores. Smoking is prohibited
and is unlawful in public areas of every department store which sells dry
goods, clothing or utensils, excluding areas outdoors .
6. 10.090 Regulation of Smoking in the workplace. (a) Within 90 days of
the effective date of this chapter, or within 90 days of having first engaged
the services of an employee, for employers who are not in operation on the
effective date of this chapter, each employer shall adopt, implement and
maintain a reasonable written smoking policy which should contain at a minimum
the following:
(1) Prohibition of smoking in employer conference and meeting
rooms, classrooms, auditoriums, medical facilities, and elevators.
(2) Provision and maintenance of a contiguous no smoking area of
not less than one-half of the seating capacity and floor space in cafeterias,
lunchrooms and employee lounges.
( 3) Any employee in the workplace shall be given the right to
designate his or her immediate work areas as a nonsmoking area and to post it
with appropriate signs or sign. The policy adopted by the employer shall
include a definition of the term "immediate work area" which gives
preferential consideration to nonsmokers.
(b) In any dispute arising under the smoking policy, the rights of the
nonsmoker shall be given precedence.
(c) Except where other signs are required, whenever smoking is
prohibited in the work place, conspicuous signs shall be posted so stating,
containing all capital lettering not less than one inch in height, on a
contrasting background. In lieu of such signs the international no smoking
logo may be prominently displayed.
(d) The smoking policy shall be communicated to all employees within
two weeks of its adoption.
(e) Notwithstanding the provisions of subsection (a) of this section,
every employer shall have the right to designate any workplace as a nonsmoking
area.
(f) This section is not intended to regulate smoking in the following
places and under the following conditions:
(1) A private home which may serve as a workplace, except as
required pursuant to Section 6. 10.040(d) .
(2) Any property owned or leased by other governmental agencies.
(3) A private, enclosed workplace occupied exclusively by
smokers, even though such a workplace may be visited by nonsmokers, excepting
places in which smoking is prohibited by the fire marshal or by other law,
ordinance or regulation.
(4) Food and beverage service areas of indoor eating establish-
ments.
Ord. No. 1261
Page 4
(g) An employer who in good faith develops and promulgates a reasonable
written policy regarding smoking and nonsmoking in the workplace shall be
deemed to be in compliance with this chapter provided that a policy which
designates an entire workplace as a smoking area shall not be deemed a reason-
able policy.
6. 1.0. 100 Posting of signs required. (a.) Except where other signs are
required, whenever in this chapter smoking is prohibited, conspicuous signs
shall be posted so stating, containing all capital lettering not less than one
inch in height and/or the international no smoking logo, on a contrasting
background. It is the duty of the owner, operator, manager or other persons
having control of such room, building or other place where smoking is
prohibited, to post such signs or to cause such signs to be posted. Nothing
herein shall be deemed or construed to authorize violation of the Palm Springs
Sign Ordinance.
(b) It shall be unlawful to willfully mutilate or destroy any signs
required by this chapter.
6. 10. 110 Other agency cooperation. Federal , State, County, school and
special district officials are urged to enact and enforce provisions similar
I
o the provisions contained herein.
6,10.120 Structural modifications not required. (a) It shall be the
responsibility of employers to provide smoke-free areas for nonsmokers within
existing facilities to the maximum extent possible, but employers are not
required to incur any expense to make structural or other physical
modifications in providing these areas.
(b) Nothing in this chapter shall require the owner, operator or
manager of any theater, auditorium, health care facility or any building,
facility, structure or business to incur any expense to make structural or
other physical modifications to any area or workplace.
(c) Nothing in this section shall relieve any person from the duty to
post signs or adopt policies as required by this ordinance.
6.10. 130 Exemptions. Any owner or manager of a business or other
establishment subject to this ordinance may apply to the individual , depart-
ment or agency designated by the City Council for an exemption or modification
to any provisions of this chapter due to unusual circumstances or conditions.
(a) Such exemption shall be granted only if the designated individual ,
department or agency designated by the City Council finds from the evidence
presented by the applicant for exception at a public hearing either that:
(1) The applicant cannot comply with the provisions of this
chapter For which an exemption is requested without incurring expenses for
structural or other physical modifications, other than posting signs, to
buildings and structures.
(2) Due to such unusual circumstances, the failure to comply
with the provision for which the exemption is requested will not result in a
danger to health or annoyance, inconvenience or discomfort.
(b) The applicant for an exemption shall pay the fee prescribed by City
Council resolution with the application to cover cost of the hearing and
noticing of the hearing.
6. 10. 140 Penalties. Violation of any provision or failure to comply
with any requirement of this Chapter is an infraction.
6. 10. 150 Severability. If any provision or clause of this chapter or
y 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 chapter provisions or
Ord. No. 1261
Page 5
clauses or applications thereof which can be implemented without the invalid
provisons or clause or application, and to this end the provisions and clauses
of the ordinance are declared to be severable.
SECTION 2. REVIEW. This ordinance shall be reviewed by the City Council one
year from its publication.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after adoption.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the adoption 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 February 1986.
AYES: Councilmembers Birer, Foster, Maryanov, Smith & Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA-,;�
City Clerk Mayor ;.
REVIEWED & APPROVED: __
I HEREBY CERTIFY that the foregoing Ordinance 1261 was duly adopted by the City
Council of the City of Palm Springs, California in a meeting thereof held
on Feburayr 19, 1986 and that a summary of same was published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said City,
on February 10 and 26, 1986
U U"
DITH SUMICH
City Clerk
WP/CC ORD
ORDINANCE NO. 1262
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CASE NO. 5.0394, A
CHANGE OF ZONE from R-1-C TO C-D-N FOR
PROPERTY LOCATED AT THE NORTHWEST CORNER
OF VISTA CHINO AND SUNRISE WAY, R-1-C
ZONE, SECTION 2.
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 Ordinance,
the official Zoning Map is hereby amended from R-1-C (Single-
Family/Residential ) to C-D-N (Designed Neighborhood Shopping Center) for
property hereinabove described and as shown on Exhibit "A" attached and made a
part thereof.
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 2nd day of _ April 1986.
AYES: Cou6ilmember'"s Birer, Foster, Maryanov, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST.: CITY OF PALM SPRINGS, CA- 0 I
By-- -�. -------- -- ---�� ---
City Clerk M o"
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1262 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on April 2, 1986, and that same was duly published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said
City, on April 14, 1986.
CD " 'TH SU-1NICH
City Clerk
t,
R-2 R-I-C
VACANT
S
C-1
EXISTING SHOPPING CENTER r
R-I-C 3
EXISTING S.F.D. R-I-C
w
PARCEL U)
Cr
O z
T.P.M. C-1
21405 ------- N
PARCEL
BCNK O
IVISTA CHINO
GR-5 P P
MEDICAL CENTER
s� N
G ITY OF PALM SPRINGS
CASE NO. Tyr? 21406 APPROVED BY PLAN. COMM. DATE
PPLICANT L7t"Y of �.arv2r APPROVED BY COUNCIL DATE
EMARKS Section 2 (IL) ORD. NO. RESOL. NO.
ORDINANCE NO. 1263
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE ZONING ORDINANCE
TO ALLOW AUTO SALES IN THE M-I-P ZONE,
CITYWIDE.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS '
FOLLOWS:
SECTION 1. Section 9220.01.A.3 is amended by adding:
"Auto Sales Agencies on sites of 2 (two) acres or more located on a
major thoroughfare" .
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 16th day of _----- April-_--, 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORN
B� / —
Cit- =- - --- -- --- ------Ma-- - - ,
y Clerk Y
REVIEWED & APPROVED: - - -___ -----------------____--—._-------
I HEREBY CERTIFY that the foregoing Ordinance 1263 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on April 16, 1986, and that same was duly published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said
City, on April 25, 1986.
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1264
OF TIIEi CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING AND ADOPTING
THE REDEVELOPMENT PLAN FOR THE
13ARISTO-FARRELL REDEVELOPMENT
PROJECT.
WHEREAS, the Palm Springs Redevelopment Agency (the "Agency") has
formulated, prepared and approved a proposed Redevelopment Plan for the Baristo-
Farrell Redevelopment Project (the "Redevelopment Plan") and has recommended
that the City Council of the City of Palm Springs approve and adopt said
Redevelopment Plan; and
WHEREAS, said Redevelopment Plan is a redevelopment plan prepared
pursuant to California Redevelopment Law; and
WHEREAS, the Planning Commission of the City of Palm Springs has
submitted its report and recommendation on the proposed Redevelopment Plan,
finding that the proposed Redevelopment Plan is in conformity with the Palm
Springs General Plan, and has recommended approval of the proposed
Redevelopment Plan; and
WHEREAS, the Agency has adopted by reference Rules Governing Participation
and Preference by Property Owners, Operators of Businesses and Tenants within the
Project Area; and
WHEREAS, the Agency has adopted the State Relocation Guidelines by
reference, providing for the relocation of persons, families and businesses from the
Project Area, the payment of relocation benefits and the giving of relocation
assistance to such persons, families and businesses; and
WHEREAS, the Agency has submitted the proposed Redevelopment Plan and its
Report thereon to the City Council, which Report contains, among other things, the
Planning Commission's reports and recommendations, the Report of the County
Fiscal Officer and responses thereto by the Agency; and
WHEREAS, the Agency has consulted with property owners and community
organizations within the Project Area and taxing agencies which levy taxes, or for
which taxes are levied, on property in the Project Area; and
WHEREAS, the Agency and this City Council have approved and adopted a
Final Environmental Impact Report for the adoption of the proposed Redevelopment
Plan and have certified as to their review and consideration thereof in accordance
with the California Environmental Quality Act of 1970 and the state and local
guidelines and regulations adopted pursuant thereto;and
WHEREAS, a joint public hearing has been fully noticed and held by the Agency
and the City Council as required by law, all objections have been heard and passed
upon by this City Council, the Agency and Council have received written and oral
testimony concerning the proposed Redevelopment Plan and have duly considered
all thereof and the proceedings for the adoption of the proposed Redevelopment Plan
have been duly conducted and completed as provided by law.
NOW, THEREFORE, THE COPY COUNCIL OF THE CITY OF PALM
SPRINGS DOES ORDAIN ASFOLLOWS:
1. The purposes and intent of this City Council with respect to the Project
Area are:
(a) To eliminate the conditions of blight existing in the Project Area.
(b) To prevent recurrence of blighting conditions within the Project
Area.
(c) To provide for participation by owners and tenants and preferences
to persons engaged in business within the Project Area to
participate in the redevelopment of the Project Area; to encourage
and ensure the redevelopment of the Project Area in the manner set
forth in the proposed Redevelopmment Plan; and to provide for the
relocation of residents, if any, displaced by the implementation of
the proposed Redevelopment Plan.
(d) To improve and construct or provide for the construction of public
facilities, roads, and other public: improvements and to improve the
quality of the environment in the Project Area to the benefit of the
Project Area and the general public as a whole.
(e) to encourage and foster the economic revitalization of the Project
Area by protecting and promoting the sound development and
utilization of the Project Area and by replanning, redesigning or
redeveloping portions of the Project Area which is stagnant or
improperly utilized because o1' the lack of adequate facilities,
utilities and other causes.
(f) To provide housing as required to satisfy the needs and desires of the
various age, income and ethnic groups of the community.
2. The Redevelopment Plan for the Baristo-Farrell Redevelopment Project is
hereby approved, adopted and designated as the official Redevelopment
Plan for the Baristo-Farrell Redevelopment Project, and is hereby
incorporated herein by reference and made a part hereof as if fully set
forth at length herein, three copies of which are hereby directed to be on
file with the City Clerk.
3. The City Council hereby finds and determines that:
(a) The Project Area is a blighted area, the redevelopment of which is
necessary to effectuate the public purposes declared in the
Community Redevelopment Law of the State of California and
specifically that the Project Area is characterized by properties
which, suffer from economic dislocation, deterioration or disuse
because of one or more of the following factors:
(1) the existence of inadequate public improvements, public
facilities,open spaces and utilities which cannot be remedied by
private or governmental action without redevelopment;
(2) the subdividing and sale of lots of irregular form and shape and
inadequate size for proper usefulness and development;
(3) age, obsolescence, deterioration, dilapidation, mixed character
or shifting of uses;
(4) prevalence of depreciated values, impaired investments and
social and economic maladjustment; and
(b) The Redevelopment Plan will redevelop the Project Area in
conformity with the Community Redevelopment Law of the State of
California in the interests of the public peace, health, safety and
welfare;
(c) The adoption and carrying out of the Redevelopment Plan is
economically sound and feasible;
(d) The Redevelopment Plan conforms to the Palm Springs General
Plan;
(e) The carrying out of the Redevelopment Plan will promote the public
peace, health, safety and welfare of the City of Palm Springs and
will effectuate the purposes and policies of the Community
Redevelopment Law of the State of California;
M The condemnation of real property, as provided for in the
Redevelopment Plan, is necessary to the execution of the
Redevelopment Plan and adequate provisions have been made for
payment for property to be acquired as provided by law;
(g) The Agency has a feasible method or plan for the relocation of
families and persons to be temporarily or permanently displaced
from housing facilities in the Project Area;
-3-
(h) There are or are being provided ir.L the Project Area, or in other areas
not generally less desirable in regard to public utilities and public
and commercial facilities and at rents or prices within the financial
means of the families and persons displaced from the Project Area, if
any, decent, safe and sanitary dwellings equal in number to the
number of and available to such displaced families and persons and
reasonable accessible to their places of employment; '
(i) Inclusion within the Project Area of any lands, buildings or
improvements which are not detrimental to the public health,safety
or welfare is necessary for the effective redevelopment of the area of
which they are a part; and any such area included is necessary for
effective redevelopment and is not included for the purpose of
obtaining the allocation of tax increment revenues from such area
pursuant to California Health and Safety Code Section 33670 of the
Community Redevelopment Law without other substantial
justification for its inclusion; and
(j) The elimination of blight and redevelopment of the Project Area
cannot be reasonably expected to be accomplished by private
enterprise acting alone without the aid and assistance of the
Agency.
4. In order to implement and facilitate the effectuation of the
Redevelopment Plan hereby approved and adopted, it is found and
determined that certain official actions must be taken by the City Council
with reference, among other things, the vacating and removal of the
streets, alleys and other public ways, the establishment of new street
patterns, the location and relocation of sewer and water mains and other
public facilities, and other public action and, accordingly, the City
Council hereby:
(a) Declares its intention to undertake and complete any proceedings
necessary to be carried out by the City of Palm Springs under the
provisions of the Redevelopment,Plan; and
(b) Requests the various officials, departments, boards, commissions
and agencies of the City of Palm Springs having administrative
responsibilities with respect to the Project likewise to cooperate to
such end and to exercise their respective functions and powers in a
manner consistent with the Redevelopment Plan.
5. The City Council is satisfied permanent housing facilities will be
available within three (3) years from the time occupants of the Project
Area are displaced, if any, and that pending the development of such
-4-
facilities, there will be available to such displaced occupants adequate
temporary housing facilities at rents comparable to those in the City of
Palm Springs at the time of their displacement. No persons or families of
low and moderate income shall be displaced from residences unless and
until there is a suitable housing unit available and ready for occupancy by
such displaced person or family at rents comparable to those at the time of
their displacement. Such housing units shall be suitable to the needs of
such displaced persons or families and must be decent, safe, sanitary and
otherwise standard dwellings. The Agency shall not displace such person
or family until such housing units are available and ready for occupancy.
6. The City Council is convinced that the effect of tax-increment financing,
as provided for in Section 510 of the Redevelopment Plan and as described
in the Report to the City Council submitted to the City Council in
accordance with Health and Safety Code Section 33352, will not cause a
severe financial burden or detriment to any taxing agency deriving
revenues from the Project Area.
7. The City Clerk is hereby directed to send a certified copy of this ordinance
to the Agency, and the Agency is hereby vested with the responsibility for
carrying out the Redevelopment Plan, subject to the provisions of the
Redevelopment Plan.
8. The City Clerk is hereby directed to record within thirty (30) days from
the adoption of this ordinance with the County Recorder of Riverside
County a description of the land within the Project Area and a statement
that the proceedings for the redevelopment of the Project Area has been
instituted under the California Redevelopment Law. The Agency is
hereby directed to effectuate recordation in compliance with the
provisions of Section 27295 of the Government Code to the extent
applicable.
9. The Building Department of the City of Palm Springs is hereby directed
for a Period of two (2) years after the effective date of this ordinance to
advise all applicants for building permits within the Project Area that the
site for which a building permit is sought for the construction of buildings
or for other improvements is within a redevelopment project area.
10. The City Clerk is hereby directed to transmit a copy of the description and
statement recorded by the City pursuant to Section S of this ordinance, a
copy of this ordinance; and a map or plat indicating the boundaries of the
Project Area to,,the Auditor-Controller and Tax Assessor of Riverside
County, to the governing body of each of the taxing agencies which levies
taxes upon any property in the Project Area and to the State Board of
Equalization.
-5-
11. The City Clerk shall certify to the passage of this ordinance and cause a
copy thereof to be published as required by law in a newspaper of general
circulation in the City of Palm Springs, and this ordinance shall take
force and be in effect after its passage in the manner provided by law.
ADOPTED this 7th ' day of May , 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster and Smith
NOES: None
ABSENT: Mayor Bogert
ATTEST: CITY OF PALM SPRINGS, C ORNIA
B
City Clerk May
REVIEWED AND APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1264 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on May 7, 1986, and that same was duly published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said
City, on May 14, 1986. ( J
` JUDITH SUMICH
City Clerk
-6-
ORDINANCE NO. 1265
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REPEALING CHAPTER 2.44 OF THE
PALM SPRINGS MUNICIPAL CODE WHICH RELATES
TO RECRUITMENT, SELECTION AND TRAINING OF
POLICE PERSONNEL, AND AMENDING AND
READOPTING THE PROVISIONS THEREOF IN
UNCODIFIED FORM.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS
FOLLOWS:
SECTION 1. PURPOSE. The purpose of this ordinance is to qualify the City of
Palm Springsto receive aid from the Correction Training Fund, and to continue
qualification for aid from the Peace Officer Training Fund, both funds of the
State of California. A secondary purpose is to comply with State requirements
that assurances of adherence to standards be adopted by ordinance, but
removing the same from the Palm Springs Municipal Code where it was
inadvertently and unnecessarily placed.
SECTION 2. Chapter 2.44 of the Palm Springs Municipal Code is hereby
repealed.
SECTION 3. Declaration of Intent. The City declares that it desires to
qualify to receive aid from the Corrections Training Fund of the State of
California pursuant to the provisions of Penal Code Sections 6040 et seq. , and
from the Peace Officers' Training Fund of the State of California pursuant to
the provisions of Penal Code Sections 13520 et seq.
SECTION 4. Adherence to Standards of State Board of Corrections. While
receiving aid from the State pursuant to Penal Code Section 6040 et seq. , the
City will adhere to the standards for selection and training established by
the State Board of Corrections.
SECTION 5. Adherence to Standards of State Commission on Peace Officer
Standards and Training. While receiving aid from the State pursuant to Penal
Code Sections 13520 et seq. , the City will adhere to the standards for
recruitment and training established by the State Commission on Peace Officer
Standards and Training.
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 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 4th day of __—June 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster and Smith
NOES: None
ABSENT: Mayor Bogert
ATTEST: CITY OF PALM SPRINGS, CALIFORNI
By ��
-----City Clerk —-------
REVIEWED & APPROVED: A
I HEREBY CERTIFY that the foregoing Ordinance 1265 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on June 4, 1986, and that same was duly published in THE 7ESERT
SUN, a newspaper of general circulation, printed and published in said
City, on June 11 , 1986.
, - �—
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1266
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. An amendment to the contract between the City Council of the City
of pal Springs and the Board of Administration, California Public Employees'
Retirement System is hereby authorized. A copy is attached hereto marked
Exhibit "A" and made a part hereof by reference as though set out in full .
SECTION 2. The Mayor of the City of Palm Springs is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of said
Agency.
SECTION 3. EFFECTIVE DATE. This Urgency Ordinance and as such shall take
effect immediately upon adoption. The nature of the facts constituting the
urgency is as follows:
A memorandum of Understanding between the City and Palm Springs Police
Officers Association requires that the amendment referred to in Section
I of this Ordinance be in effect by ,luly 1, 1986. PERS regulations
require lapse of 20 days between adoption of Resolution of Intention and
adoption of Ordinance. Time constraints cannot be met if normal
referendom period is observed. This ordinance is necessary for
preservation of the public peace, health or safety.
SECTION 4. 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 27th day of June , 1986.
AYES: Councilmembers Apfelbaum, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: Councilmember Birer
ATTEST: CITY OF PALM SPRINGS, CALIF RN"IA ��
' �� City Clerk
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1266 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on June 27, 1986, and that a summary of same was duly published in THE DES
SUN, a newspaper of general circulation, printed and published in said
City, on June 11 and July 7, 1986. ,/ D
L,JUDITH S MICH
City Clerk
WP/ORD
AMENDMENT TO CONTRACT
BETWEEN THE
BOARD OF ADMINISTRATION
OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
' OF THE
CITY OF PALM SPRINGS
r
The Board of Admin4rA�yc7�',��} Public Employees' Retirement System, hereinafter
referred to as Board, and Ch&gpvV ning body of above public agency, herein—
after referred to as Public Agency;' Ovieq entered into a contract effective
January 1 , 1957, and witnessed December ;�� �, nd as amended effective July
14, 1965, January 14, 1973, January 1 , 1975, Sep i yft 5, 1976, July 10,
1977, October 15, 1978, April 29, 1979, February 27, 1983 and July 1 , 1984,
which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed
effective July 1 , 1984, and hereby replaced by the following paragraphs
numbered 1 through 11 inclusive:
1 . All words and terms used herein which are defined in the Publio
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age"
shall mean age 60 for local 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 those, which by
express provisions thereof, apply only on the election of a
contracting agency.
3. Employees of Public Agency - n the follom '.ig classes shall become
m, fiber: of sa. Retir ment ,ystem except such it each such cl s a
are excluded by law or this agreement:
a . Local Fire Fighters (herein referred to as local safety members) ;
b. Local Police Officers (herein referred to as local safety
members) ;
C . Employees other than local safety members (herein referred to as
local miscellaneous members) .
4. 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:
n�ES NO ADDITIONAL EXCLUSIONS.
C 0 ,
5. The fraction of final`)"ofQn sation to be provided for each year of
credited prior and current"�ie, , as a local miscellaneous member
shall be determined in accordanceC �}Section 21251 .13 of said
Retirement Law with all service prior t6 rat Social Security
termination December 31 , 1974, subject to tt reduction provided by
said section (2$ at age 60 Full and Modified) .
6. The fraction of final compensation to be provided for each year of
credited prior and current service as a local safety member shall be
determined in accordance with Section 21252,01 of said Retirement Law
(2% at age 50 Full) .
7. 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 21263, 21263. 1 and 2,263.3 (Post—Retirement Survivor
Allowance) .
b. Sections 21380 — 21387 (1959 Survivor Program) excluding Section
21382.2 (Increased 1959 Survivor Benefits) and Section 21382.4
('Third Level of 1959 Survivor Benefits) .
C. Section 20930.3 (Military Service Credit) , as defined in Chapter
1437, Statutes of 1974.
d , Section 20024.2 (One—Year Final Compensation) .
e, Section 20862.8 (Unused Sick Leave Credit) , for local fire
members only.
8. Public Agency, in accordance with Government Code Section 20740,
ceased to be an "employer" for purposes of Section 20759 effective or
September 5, 1976. Accumulated contributions of Public Agency shall
be fixed and determined as provided in Government Code Section 20759,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20759.
9. Public Agency s1Sl� ) ontribute to said Retirement System as follows:
a . With respect to loc91(Ip ellaneous members, the agency shall
contribute the followingr�Serg,I�1}tages of salaries earned as
members of said Retirement Sy'srfj�yT
ON/y„
( 1 ) 11 . 336 percent until June 30, 2000 on account of the
liability for prior service benefits. (Subject to annual
change.)
(2) 0.743 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
It. With respect to local safety members, the agency shall contribute
the following percentages of salaries earned as members of said
Retirement System:
( 1 ) 0.881 percent until June 30, 2004 on account of the
liability for prior service tenefits. (Subject to annual
change.)
(2) 26.329 percent until June 30, 2000 on account of the
liability for current service benefits. (Subject to annual
change.)
C. A reasonable amount, as fixed by the Board, payable in one in—
stallment within 60 days of date of contract to cover the costs
of administering said System as it affects the employees of
Public Agency, not including the costs of special valuations or
of the periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one in—
stallment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic 5.nvesti3atio- and valuations required by law.
10. 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 periodic investigation and
valuation required by said Retirement Law.
11 . 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.
Adjustments on account of errors in contributions required of any
employee may be made by direct payments between the employee and the
Board ,
B. This amendment shall be effective on the _ day of
19
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE
CITY OF PALM SPRINGS
f`sst
BY _ "1B
SIUNEY C. McCAUSLAND, f Officer
EXECUTIVE OFFICER �1 /r
Fiitness Date
Approved as to form: Attest:
�---7 J &
Legal Office, Date Clerk Date
PERS-CON-702 (AMENDMENT)
(Rev . 9/85)
ORDINANCE NO. 1267
AN ORDINANCE OF THE CITY OF PALM SPRINGS , CALIFORNIA
FURTHER AMENDING THE FRANCIIISE (AS AMENDED) ORIGINALLY
GRANTED BY ORDINANCE NO. 249 FOR A COMMUNITY ANTENNA
TELEVISION SYSTEM.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1 . The Community Antenna Television System Franchise
originally granted by the City of Palm Springs by Ordinance No.
249 , adopted July 9 , 1952 , and thereafter amended by Ordinance
No . 961 , adopted February 27 , 1974, and by Ordinance No. 978,
adopted November 6 , 1974 and by Ordinance No. 1112 , adopted June
18 , 1980 , is hereby further amended in those respects set forth
in a document entitled "Amendment No. 4 to Community Antenna
Television System Franchise" , which document is on file in the
office of the City Clerk, and by this reference is incorporated
herein .
SECTION 2 . 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 or a summary thereof or a display advertisement , duly
prepared according to law, to be published in accordance with
law .
' ADOPTED this 2nd day of July 1986
AYES : Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES : None
ABSENT : None
ATTEST : CITY OF PALM SPRINGS A IA
By
City Clerk May
la
REVIEWED & APPROVED
I HEREBY CERTIFY that the foregoing Ordinance 1267 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on July 2, 1986, and that same was duly published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said
City, on July 10, 1986.
D( J' DUDIT�HSUM CH
City Clerk
ORDINANCE NO. 1268
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING CHAPTER
3.32 OF THE PALM SPRINGS MUNICIPAL CODE RELATING
TO UTILITY USER TAX.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Chapter 3.32 is hereby added to the Palm Springs
Municipal Code, to read as follows:
Chapter 3.32
UTILITY USER TAX
Sections:
3.32.010 Definitions
3.32.020 Exemptions
3.32.030 Telephone Users Tax
3.32.040 Electricity Users Tax
3.32.050 Gas Users Tax
3.32.060 Water Users Tax
3.32.070 Collection of Taxes - Duty - Procedures
3.32.080 Delinquent Taxes - Service Supplier -
When Delinquent '
3.32.090 Delinquent Taxes - Service Supplier -
Penalty for Failure to Remit
3. 32.100 Delinquent Taxes - Service Supplier -
Penalty for Fraud
3.32.110 Delinquent Taxes - Service Supplier -
Interest
3.32.120 Delinquent Taxes - Service Supplier -
Penalty and Interest Part of Tax
3.32.130 Delinquent Taxes - Service User -
Penalty for Failure to Flay
3.32.140 Delinquent Taxes - Service User -
Penalty for Fraud
3.32.150 Delinquent Taxes - Service User -
Interest
3.32.160 Delinquent Taxes - Service User
Penalty and Interest Part of Tax
3.32.170 Actions to Collect
3.32.180 Additional Power and Duties of Tax
Administrator
3.32.190 Assessment - Administrative Remedy
3.32.200 Records .
3.32.210 Refunds
3.32.220 Violations: Penalties
3.32.230 Jurisdiction of the Public Utilities
Commission of the State
3.32.240 Fund and Purpose
i
Ord. No. 1268
Page 2
Section 3.32.010 Definitions.
Except where the context otherwise requires., the definitions
contained in this section shall govern the construction of this
Chapter.
a. "Person" shall mean any domestic or foreign corporation,
municipal corporation, public agency, firm, association,
syndicate, joint stock company partnership of any kind,
joint venture, club, Massachusetts business or common
law trust, society or individual .
b. "City" shall mean the City of Palm Springs.
C. "Telephone corporation" , ""electrical corporation",
and "gas corporation" shall have the same meanings
as defined in Sections 234, 218 and 222 respectively,
of the Public Utilities Code of the State of California,
as said sections existed on May 30, 1986. "Water
supplier" shall be construed to include a water
corporation as defined in Public Utilities Code Section
240, or any municipality, district or agency engaged
in the selling or supplying water to a service user.
d. "Tax Administrator" shall mean the City Manager of
the City of Palm Springs or his designee.
e. "Service supplier" shall mean a person required to
collect and remit a Tax imposed by this Chapter.
f. "Service user" shall mean a person required to pay
a tax imposed by this Chapter.
g. "Month" shall mean a calendar month.
h. "Residential services" shall mean services provided
to an individual residence for personal use by the
occupants.
Section 3.32.020 Exemptions.
Nothing in this Chapter shall be construed as imposing a tax
upon any person when imposition of such tax upon that person
would be in violation of the Constitution of the United States
or the Constitution of the State of California, or any valid
statute or regulation of either the United States of America,
or the State of California.
The City Council may, by ordinance or resolution, establish
one or more classes of persons, or one or more classes of utility
service, otherwise subject to payment of a tax imposed by this
chapter, and provide that such classes of persons or service
shall be exempt, in whole or in part, from such tax.
Section 3.32.030 Telephone Users Tax.
a. There is hereby imposed a tax on the amounts paid for
any infra-state telephone corporation using such
services. The tax imposed by this Section shall be
three percent (3%) of the charges made for such services
and shall be paid by the person paying for such services.
b. As used in this section, the term "charges" shall not
include charges for services paid for by inserting
2nd Revision
Ord. No. 1268
Page 3
coins in coin-operated telephones, except that where
such coin-operated service is furnished for a guaranteed
amount, the amount paid under such guarantee plus any '
fixed monthly or other periodic charges shall be included
in the base for computing the amount of tax due; nor
shall the term "charges" include charges for any type
of service or equipment furnished by a service supplier
subject to the Public Utility Regulation during any
period in which the same or similar services or equipment
are also available for sale or lease from persons other
than a service supplier subject to the Public Utility
Regulation; nor shall the words "telephone communication
services" include land mobile services or maritime
mobile services as defined in Section 2. 1 of Title
47 of the Code of Federal Regulations as said section
existed on January 1 , 1970. The term "telephone communi-
cation services" refers to that; service which provides
access to a telephone system and the privilege of tele-
phone quality communication with substantially all
persons having telephone stations which are part of
such telephone system. The Telephone Users tax is
intended to, and does, apply to all charges billed
to a telephone account having a situs in the City,
irrespective of whether a particular communication
service originates and/or terminates within the City.
The situs shall be the service address, if known, other-
wise the billing address.
c. The tax imposed by this section shall be collected
from the service user by the person providing the intra-
state telephone communication services, or the person
receiving payment for such services. The amount of
the tax collected in one (1 ) month shall be remitted
to the Tax Administrator on or before the last day
of the following month.
d. Notwithstanding the provisions of Subsection a. , the
tax imposed under this section shall not be imposed
upon any person for using intra-state telephone communi-
cation services to the extent that the amounts paid
for such services are exempt from or not subject to
the tax imposed under Division 2, Part 20 of the
California Revenue and Taxation Code, or the tax imposed
under Section 4251 of the Internal Revenue Code.
Section 3.32.040 Electricity Users Tax.
a. There is hereby imposed a tax upon every person in
the City using electrical energy in the City. The
tax imposed by this section shall be three percent
(3%) of the charges made for such energy and shall
be paid by the person paying for such energy. "Charges",
as used in this section, shall include charges made
for: (1 ) metered energy and (2) minimum charges for
service, including customer charges, service charges,
demand charges, standby charges and annual and monthly
charges, fuel , cost adjustments and the like.
Ord. No. 1268
Page 4
b. As used in this section, the term "using electrical
energy" shall not be construed to mean the storage
of such energy by a person in a battery owned or
possessed by him for use in an automobile or other
machinery or device apart from the premises upon which
the energy was received; provided, however, that the
term shall include the receiving of such energy for
the purpose of using it in the charging of batteries;
nor shall the term include electricity used and consumed
by an electric utility supplier in the conduct of its
business as an electric public utility; nor shall the
term include the mere receiving of such energy by an
electric public utility or governmental agency at a
point within the City of Palm Springs for resale; or
the use of such energy in the production or distribution
of water by a public utility or a governmental agency.
c. The tax imposed in this section shall be collected
from the service user by the person supplying such
energy. The amount of the tax collected in one (1 )
month shall be remitted to the Tax Administrator on
or before the last day of the following month.
Section 3.32.050 Gas Users Tax.
a. There is hereby imposed a tax upon every person in
the City other than a gas corporation or electrical
corporation, using gas in the City which is delivered
through mains or pipes. The tax imposed by this section
shall be three percent (3%) of the charges made for
such gas and shall be paid by the person paying for
such gas. "Charges" as used in this section shall
include: (1 ) gas which is delivered through mains
or pipes; (2) minimum charges for such services, in-
cluding customer charges, service charges and annual
and monthly charges.
b. There shall be excluded from the base on which the
tax imposed in this section is computed: (1 ) charges
made for gas which is to be resold and delivered through
mains or pipes ; (2) charges made for gas sold for use
in the generation of electrical energy; (3) charges
made by a gas public utility for gas used and consumed
in the conduct of the business of gas public utilities ;
(4) charges made for gas used in the propulsion of
a motor vehicle, as that phrase is defined in the Vehicle
Code of the State of California, utilizing natural
gas; and (5) charges related to late payments and
returned checks.
c. The tax imposed in , this section shall be collected
from the service user by the person selling the gas.
The person selling the gas shall , on or before the
20th of each calendar month, commencing on the 20th
day of the calendar month after the effective date
of this part, make a return to the Tax Administrator
stating the amount billed during the preceding calendar
month. At the time such returns are filed, the person
selling the gas shall remit payments to the Tax Admini-
strator in accordance with schedules established or
approved by the Tax Administrator. The Tax Administrator
Revised
Ord. No. 1268
Page 5
is authorized to require such further information as
he deems necessary to properly determine if the tax
here imposed is being levied and collected in accordance
with this Chapter. Returns and remittances are due
from the person selling the gas immediately upon
cessation of business for any reason.
Section 3.32.060 Water Users Tax.
a. There is hereby imposed a tax upon every person in
the City using water which is delivered through mains
or pipes. The tax imposed by this section shall be
three percent (3%) of the charges made for such water.
b. There shall be excluded from the base on which the
tax imposed in this section is computed charges made
for water which is to be resold and delivered through
mains or pipes; and charges made by a municipal water
department, public utility or the Desert Water Agency
for water used and consumed by such department, utility
or agency.
c. The tax imposed by this section shall be collected
from the service user by the person supplying the water.
The amount collected in one (1 ) month shall be remitted
to the Tax Administrator on or before the last day
of the following month.
Section 3.32.070 Collection of Tax - Duty - Procedures
The duty to collect and remit the taxes imposed by this Chapter
shall be performed as follows:
a. Notwithstanding any other provision of this Chapter,
the tax shall be collected insofar as practicable at
the same time as and along with the charges made in
accordance with regular billing practice of the service
supplier.
b. The duty to collect tax from a service user shall
commence with the beginning of the first regular billing
period applicable to that person which starts on or
after the operative date of this Chapter. Where a
service user is billed for more than one (1 ) billing
period, the duty to collect shall arise separately
for each separate billing period.
Section 3 32 080 Delinquent Taxes - Service Supplier -
When Delinquent.
Taxes collected from a service user which are not remitted to
the Tax Administrator on or before the due dates provided in
this Chapter are delinquent.
Section 3 32 090 Delinquent Taxes - Service Supplier -
Penalty for Failure to Remit.
In addition to remitting the amount of the tax, any services
Revised
Ord. No. 1268
Page 6
supplier who fails to remit any tax imposed by this Chapter
within the time required and upon five (5) days ' notice to the
service supplier of its failure to remit, shall pay a penalty
of ten percent (10%) on the amount of tax which shall be added
on the last day of each month following the date on which remit-
tance was due until the tax and penalties are remitted.
Section 3.32.100 Delinquent Taxes - Service Supplier -
Penalty for Fraud.
If the Tax Administrator determines that the nonpayment by any
service supplier of any remittance due under this Chapter is
due to fraud, a penalty of twenty-five percent (25%) of the
amount of the tax shall be added to the penalty imposed by Section
3.32.090, above.
Section 3.32.110 Delinquent Taxes - Service Supplier -
Interest.
In addition to the penalty imposed by Section 3.32.090, any
service supplier who fails to remit any tax imposed by this
Chapter shall pay interest at the rate of one percent (1%) per
month, or fraction thereof, on the amount of the tax, exclusive
of penalties, from the date on which the remittance first became
delinquent until paid.
Section 3.32.120 Delinquent Taxes - Service Supplier -
Penalty and Interest Part of Tax.
Every penalty imposed upon a service supplier and such interest
as accrues, under the provisions of Sections 3.32.090 through
3.32.110, shall become a part of the tax required to be remitted.
Section 3.32.130 Delinquent Taxes - Service User -
Penalty for Failure to Pay.
In addition to paying the amount of the tax, any service user
who fails to pay any tax imposed by this Chapter, within sixty
(60) days of the date of the notice of the amount of tax due
from the service supplier, shall pay a penalty of ten percent
(10%) of the amount of the tax which shall be added on the last
day of each month following the date on which payment was due
until the tax and penalties are paid.
Section 3.32.140 Delinquent Taxes - Service User -
Penalty for Fraud.
If the service supplier determines that the nonpayment by any
service user of any tax imposed by this Chapter is due to fraud,
a penalty of twenty-five percent (25%) of the amount of the
tax shall be added thereto in addition to the penalty imposed
by Section 3.32.130 above.
Section 3.32. 150 Delinquent Taxes - Service User -
Interest.
In addition to the penalties imposed by Sections 3.32.130 and
3.32. 140, any service user who fails to pay any tax imposed
by this Chapter shall pay interest at the rate of one percent
Ord. No. 1268
Page 7
(I%) per month, or fraction thereof, exclusive of penalties
from the date on which the remittance first became delinquent,
until paid, and a collection charge of ten dollars ($10.00)
for each delinquent account.
Section 3.32.160 Delinquent Taxes - Service User -
Penalty and Interest Part of Tax.
Every penalty imposed upon a service user, and such interest
as accrued under the provisions of Sections 3.32.130 through
3.32.150, shall become a part of the tax required to be paid
and to be remitted by the service supplier.
Section 3.32.170 Actions to Collect.
Any tax required to be paid by a service user under the provisions
of this Chapter shall be deemed a debt owed by the service user
to the City. Any such fee collected from a service user which
has willfully been withheld from the Tax Administrator shall
be deemed a debt owed to the City by the person required to
collect and remit. Any person owing money to the City under
the provisions of this Chapter shall be liable to an action
brought in the name of the City for the recovery of such amount.
Nothing in this section shall relieve any service supplier of
the duty to collect and remit any tax, penalty or interest
required by this Chapter.
Section 3.32.180 Additional Power and Duties of
Tax Administrator.
a. The Tax Administrator shall have the power and duty
and is hereby directed to enforce each and all of the
provisions of this Chapter.
b. The Tax Administrator shall have power to adopt rules
and regulations not inconsistent with the provisions
of this Chapter for the purpose of carrying out and
enforcing the payment, collection and remittance of
the taxes herein imposed. A copy of such rules and
regulations, if any, shall be on file in the Tax Admini-
strator's office.
c. The Tax Administrator may make administrative agreements
to vary the strict requirements of this Chapter so
that collection of any tax imposed here may be made
in conformance with the billing procedures of a
particular service supplier so long as said agreements
result in collection of the 1-lax in conformance with
the general purpose and scope of this Chapter. A copy
of each such agreement shall be on file in the Tax
Administrator's office.
d. The Tax Administrator shall determine the eligibility
of any person who asserts a right to exemption from
the tax imposed by this Chapter. The Tax Administrator
Ord. No. 1268
Page 8
shall provide the service supplier with the name of
any person who the Tax Administrator determines is
exempt from the tax imposed hereby, together with the
address and account number to which service is supplied
to any such exempt person.
Section 3.32.190 Assessment - Administrative Remedy.
a. The Tax Administrator may make an assessment for taxes
not remitted by a person required to remit.
b. Whenever the Tax Administrator determines that a service
user has deliberately withheld the amount of the tax
owed by such users from the amounts remitted to a person
required to collect the tax, or that a service user
has refused to pay the amount of tax to such person,
or whenever the Tax Administrator deems it in the best
interest of the City, he may relieve such person of
the obligation to collect taxes due under this Chapter
from certain named service users for specified billing
periods.
c. The service supplier shall provide the Tax Administrator
with amounts refused along with the names, addresses
and reasons of the service users refusing to pay the
tax imposed under provisions of this Chapter. Whenever
the service user has failed to pay the amount of tax
for a period of two (2) or more billing periods , the
I service supplier may be relieved of the obligation
to collect taxes due.
d. The Tax Administrator shall notify the service user
that he has assumed responsibility to collect the taxes
due for the stated period and demand payment of such
taxes. The notice shall be served on the service user
by handing it to him personally or by deposit of the
notice in the United States mail , postage prepaid
thereon, addressed to the service user at the address
to which billing was made by the person required to
collect the taxes or, should the service user have
changed his address, to his last known address. If
a service user fails to remit the taxes to the Tax
Administrator within (15) days from the date of the
service of the notice upon him, which shall be the
date of mailing if service is not accomplished in person,
a penalty of twenty-five percent (25%) of the amount
of the tax set forth in the notice shall be imposed,
but not less than five dollars ($5.00). The penalty
shall become part of the taxes herein required to be
paid.
e. Nothing in this section shall relieve the service
supplier of any duty to collect and remit any tax penalty
or interest due under the provisions of this Chapter.
Section 3.32.200 Records.
It shall be the duty of every person required to collect and
remit to the City any tax imposed by this Chapter to keep and
Revised
Ord. No. 1268
Page 9
preserve, for a period of three (3) years, all records as may
be necessary to determine the amount of such tax as he may have
been liable for the collection of and remittance to the Tax
Administrator, which records the Tax Administrator shall have
the right to inspect at all times.
Section 3.32.210 Refunds.
a. Filing claims. Whenever the amount of any tax, interest
or penalty has been overpaid, paid more than once,
or has been erroneously or illegally collected or
received by the City under thus Chapter, such amount
may be refunded as provided in Subsections b. , c. and
d. of this section, provided a claim, in writing,
therefor, stating under penalty of perjury the specific
ground upon which the claim is, founded is filed with
the Tax Administrator within three (3) years after
the date of payment. Such claims shall be on forms
furnished by the Tax Administrator.
b. Refunds to service suppliers. A service supplier may
claim a refund or take as credit against taxes collected
and remitted an amount overpaid, paid more than once
or erroneously or illegally collected or received when
it is established that the person from whom the tax
has been collected was not a service user.
c. Refunds to service users. Any service user may obtain
a refund of taxes overpaid, paid more than once or
erroneously or illegally collected or received by the
City by filing a claim in the manner provided in Sub-
section a. of this section, but only when the service
user having paid the tax to the service supplier estab-
lishes to the satisfaction of the Tax Administrator
that the service user has been unable to obtain a refund
from the service supplier who collected the taxes.
d. Proof required. No refund shall be paid under the
provisions of this section unless the claimant
establishes his rights thereto by written records showing
entitlement thereto.
e. Notwithstanding any other provisions of this section,
whenever a service supplier, pursuant to an order of
the California Public Utilities Commission or a court
of competent jurisdiction, makes a refund to service
users of charges for past utility service, the taxes
paid pursuant to this Chapter on the amount of such
refunded charges shall also be refunded to service
users by the service supplier, and the service supplier
shall be entitled to claim a credit for such refunded
taxes against the amount of taxes which is due upon
the next monthly return. In the event this Chapter .
is repealed, amounts of any refundable taxes will be
borne by the City.
Ord. No. 1268
Page 10
Section 3.32.220 Violations: Penalties.
Any person violating any provision of this Chapter, or any person
willfully refusing to pay any tax required by this Chapter,
shall be guilty of a misdemeanor and shall be punishable therefor
by a fine of not more than five hundred dollars ($500.00) or
by imprisonment in the County Jail for a period of not more
than six (6) months, or by both such fine and imprisonment.
Section 3.32.230 Jurisdiction of the Public Utilities
Commission of the State.
Nothing contained in this Chapter is intended to conflict with
the applicable rules, regulations and tariffs of any service
supplier subject to the jurisdiction of the Public Utilities
Commission of the State. In the event of any conflict, the
provisions of such rules, regulations and tariffs shall control .
Section 3.32.240 Fund and Purpose.
All of the proceeds of the taxes levied under this Chapter shall
be placed in the General Fund of the City and shall be utilized
for general governmental purposes.
SECTION 2. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this Chapter or any part thereof
' is for any reason held to be unconstitutional , such decision
shall not affect the validity of the remaining portions of this
Chapter or any part thereof. The City Council hereby declares
that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, subdivi-
sions, paragraphs, sentences, clauses or phrases be declared
unconstitutional .
SECTION 3. Operative Date. This Ordinance is an Ordinance
relating to taxes for the usual and current expenses and shall
take effect immediately pursuant to Government Code, Section
36937(d) . The taxes imposed under this Ordinance shall apply
to services furnished from the beginning of the first billing
cycle which starts on or after October 1 , 1986.
SECTION 4. 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 2nd day of July 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
' NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS IFOR
By(�
ity Clerk Mayor
REVIEWED & APPROVED:
2nd Revision
I HEREBY CERTIFY that the foregoing Ordinance 1268 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on July 2, 1986, and that a summary of same was duly published in THE DESERT
SUN, a newspaper of general circulation, printed and published in said
City, on June 25 and July 10, 1986
I—JUDITH SMCH
City Clerk
ORD. NO. 1269 - NUMBER , NOT USED
ORDINANCE NO. 1270
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SECTION 2 . 06 . 010 (b)
' OF THE PALM SPINGS MUNICIPAL CODE RELATING
TO CITY BOARDS AND COMMISSIONS
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1 . Section 2.06.010 (b) of the Palm Springs. 11unicip,al_ Code is- hereby
amended to read as follows :
(b) Unless otherwise provided by law, or by ordinance
or resolution of the city council , all members of boards
and commissions of the city appointed by the city council
shall be initially, and during their incumbencies , bona
fide residents and registered voters of the City of Palm
Springs , and no such member at or during such time shall
be an employee of the city, nor a current applicant for
city employment.
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
I same to be published once in the DESERT SUN, a daily newspaper
of general circulation, printed, published and circulated in the
City of Palm Springs, California.
ADOPTED this _6th day of August 1986 .
AYES : Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES : None
ABSENT: None
ATTEST CITY OF PALM SPRINGS, ORNIA
Y
City Clerk May
REVIEWED & APPROVED :
I HEREBY CERTIFY that the foregoing Ordinance 1270 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on the date as shown, and that ` same was published
in THE DESERT SUN, a newspaper of general circulation, printed, and
published in said City on August 16, 1986.
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1271
AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
REPEALING CHAPTER 2.23 OF THE PALM SPRINGS MUNICIPAL
CODE TO DISESTABLISH THE ENERGY COMMISSION.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2. 23 of the Palm Springs Municipal Code is
hereby repealed.
SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force
and effect thirty (30) days after passage.
SECTION 3. PUBLICATION. The City Clerk is hereby ordered and
directed to certify to the passage of this Ordinance, and to cause
the same or a summary thereof or a display advertisement, duly
prepared according to law, to be published in accordance with law.
ADOPTED THIS 6th day of August , 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
--C-ity C I e r! Mayor
REVIEWED & APPROVED: /
I HEREBY CERTIFY that the foregoing Ordinance 1271 was duly
adopted by the City Council of the City of Palm Springs, in a meeting
thereof held on the date as shown, and that same was duly published
in THE DESERT SUN, a newsaper of general circulation, printed and
published in said City on August 16, 1986.
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1272
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF PALM SPRINGS ,
CALIFORNIA, AMENDING CHAPTER 3 . 32
OF THE PALM SPRINGS MUNICIPAL
CODE RELATING TO UTILITY USER
TAXES.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS :
SECTION 1. Subsection 3 . 32 . 010 (h) of the Palm Springs
Municipal Code is hereby repealed.
SECTION 2 . Subsection 3 . 32 . 030 (c) of the Palm Springs
Municipal Code is hereby amended to read as follows:
"c. The tax imposed by this section shall be
collected from the service user by the person
providing the intrastate telephone communication
services, or the person receiving payment for such
services. The amount of the tax collected in one
(1) month shall be remitted to the Tax
Administrator on or before the last day of the
following month; or at the option of the person
required to collect and remit the tax, an estimated
amount of tax collected, measured by the tax bill
in the previous month, shall be remitted to the Tax
Administrator on or before the last day of each
month. "
SECTION 3 . Subsection 3 . 32 . 040 (c) of the Palm Springs
Municipal Code is hereby amended to read as follows:
"c. The tax imposed by this section shall be
collected from the service user by the person
supplying such energy. The amount of tax collected
in one (1) month shall be remitted to the Tax
Administrator on or before the last day of the
following month; or at the option of the person
required to collect and remit the tax, an estimated
amount of tax, measured by the tax billed in the
previous month, shall be remitted to the Tax
Administrator on or before the last day of each
month. Remittance of tax may be predicated on a
formula based upon the payment pattern of the
supplier' s customers. "
SECTION 4 . Subsection 3 . 32 . 070 (a) of the Palm Springs
Municipal Code is hereby amended to read as follows:
"a. Notwithstanding any other provision of this
Chapter, the tax shall be collected insofar as
practicable at the same time as and along with the
charges made in accordance with regular billing
practice of the service supplier. If the amount
paid by a service user is less than the full amount
of the energy charge and tax which has accrued for
the billing period, such amount and any subsequent
payments by a service user may be applied to the
energy charge first until such charge has been
fully satisfied. Any remaining balance shall be
applied to the taxes due. "
SECTION 5 . Section 3 . 32 . 090 of the Palm Springs
Municipal Code is hereby amended to read as follows:
"Section 3 . 32 . 090 Delinquent Taxes - Service Supplier -
Penalty for Failure to Remit.
In addition to remitting the amount of the tax, any
service supplier who fails to remit any tax collected
under this Chapter within the time required and upon ten
(10) days written notice to the service supplier of its
failure to remit, shall pay a penalty of ten percent
(10%) on the amount of tax which shall be added on the
last day of each month following the date on which
remittance was due until the tax and penalties are
remitted. "
SECTION 6. Section 3 . 32 . 110 of the Palm Springs
Municipal Code is hereby amended to read as follows:
"Section 3 . 32 . 110 Delinquent Taxes - Service Supplier -
Interest.
In addition to the penalty imposed by Section 3 . 32 . 090,
any service supplier who fails to remit any tax
collected under this Chapter shall pay interest at the
rate of one percent (1%) per month, or fraction thereof,
on the amount of the tax, exclusive of penalties, from
the date on which the remittance first became delinquent
until paid. "
SECTION 7 . Section 3 . 32 . 140 of the Palm Springs
Municipal Code is hereby amended to read as follows:
"Section 3 . 32 . 140 Delinquent Taxes - Service User -
Penalty for Fraud.
If the Tax Administrator or the service supplier
determines that the nonpayment by any service user of
any tax imposed by this Chapter is due to fraud, a
penalty of twenty-five percent (25%) of the amount of
the tax shall be added theeto in addition to the penalty
imposed by Section 3 . 32 . 130 above. "
SECTION 8 . Section 3 . 32 . 160 of the Palm Springs
Municipal Code is hereby amended to read as follows:
"Section 3 . 32 . 160 Delinquent Taxes - Service User -
Penalty and Interest Part of Tax.
Every penalty imposed upon a service user, and such
interest as accrued under the provisions of section
3 . 32 . 130 through 3 . 32 . 150, shall become a part of the
tax required to be paid. "
SECTION 9 . Subsection 3 . 32 . 190 (c) of the Palm Springs
Municipal Code is hereby amended to read as follows:
"c. The service supplier shall provide the Tax
Admininistrator with amounts refused along with the
names, addresses and reasons given by service users
refusing to pay the tax imposed under provisions of
this Chapter. Whenever the service user has failed
to pay the amount of tax for a period of two (2) or
more billing periods, the service supplier shall be
relieved of the obligation to collect taxes due,
provided the service supplier has given notice to
the Tax Administrator of such failure to pay. "
SECTION 10. Subsection 3 . 32 . 210 (c) of the Palm Springs
Municipal Code is hereby amended to read as follows:
"c. Refunds to service users. Any service user
may obtain a refund of taxes overpaid, paid more
than once or erroneously or illegally collected or
received by the City by filing a claim in the
manner provided in Subsection a. of this section,
but only when the service user having paid the tax
to the service supplier establishes to the
satisfaction of the Tax Administrator that the
service user has not obtained a refund from the
service supplier who collected the tax. "
SECTION 11. OPERATIVE DATE. This ordinance relates to
taxes for the usual and current expenses of the City and
shall take effect immediately upon adoption pursuant to
Government Code Section 36937 (d) . The taxes imposed by
Chapter 3 . 32 of the Palm Springs Municipal Code, as
enacted by Ordinance No. 1263, shall apply beginning
with the first billing on or after October 1, 1986
(superseding any language to the contrary contained in
Section 3 of Ordinance 1268) .
SECTION 12 . 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 3rd day of September 1986 .
AYES : Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES : None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CA FORNIA
City Clerk May
REVIEWED & APPROVED:
I HEREBY CERTIFY that the foregoing Ordinance 1272 was duly adopted
by the City Council of the City of Palm Springs, in a meeting thereof
held on the date as shown, and that a summary of same was published
in THE DESERT SUN, a newspaper of general circulation, printed, and
published in said City on August 16 and September 10, 1986.
JUDITH SUMICH
City Clerk
ORDINANCE NO. 1273
AN ORDINANCE OF THE CITY 01= PALM SPRINGS,
CALIFORNIA, AMENDING THE TRA14SIENT OCCUPANCY
TAX ORDINANCE TO INCREASE THE INTEREST RATE
CHARGED ON DELINQUENT ROOM TAXES AND/OR
PENALTIES FROM 1/2% PER MONTH TO 1 % PER MONTH.
THE CITY COUNCIL OF THE CITY OF PALM 'SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Section 3.24.100 of the Palm Springs Municipal Code,
relating to the interest rate charged on delinquent room taxes
and/or penalties, hereby is amended to read as follows:
3.24.100 Delinquency. Any operator who fails to remit any
tax to the city or any amount of tax required to be collected
and remitted to the city including amounts based on determination
made by the tax administrator under Section 3.24.120, within
the time required, shall pay a penalty of ten percent of the
tax or amount of the tax in addition to the tax or amount of
tax plus interest at the rate of one percent per month, or
fraction thereof, from the date on which the tax or the amount
of tax required to be collected becomes delinquent until the
date of remittance or payment. Any operator who fails to pay
any penalty imposed under this section within ten days after
receipt of notice thereof shall pay interest thereon at the
rate of one percent per month, or fraction thereof from the
date on which the penalty becomes due and payable to the city
until the date of payment. (Prior code §29. 13-8(A) )
SECTION 2. Effective Date And Publication. This Ordinance,
being an ordinance relating to taxes for usual and current
expenses of the City, shall take effect immediately upon its
passage. The City Clerk is hereby ordered and directed to certify
to the passage of this Ordinance before the expiration of fifteen
(15) days after its passage 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 3rd day of September , 1986.
AYES: Councilmembers Apfelbaum, Birer., Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST,:- CITY OF PALM SPRINGS, CA RNI
- City Clerk May
REVIEWED & APPROVED: _
I HEREBY CERTIFY that the foregoing Ordinance 1273 was duly
adopted by the City Council of the City of Palm Springs , in
a meeting thereof held on the date as shown, and that same was
duly published in THE DESERT SUN, a newsaper of general
circulation, printed and published in said City on September 10,
1986.
JUDITH SUMICH
Ntv rtor4
ORDINANCE NO. 1274
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING CHAPTER 8.04 OF THE
PALM SPRINGS MUNICIPAL CODE BY ADDING
SECTION 8.04.190 RELATING TO EQUIPMENT
CONTROLLING ACCESS INTO PRIVATE DEVELOP-
MENTS .
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 by adding thereto Section 8.04.190 to read as follows:
8 04 190 Equipment Controlling Access Into Private Developments . (a)
Whenever access into private property, other than an individual single-
family residence and similar small projects , is controlled through use of
gates , barriers , guard houses or other similar means , provision shall be
made to facilitate access by emergency vehicles in a manner approved by the
Chief of Police. All controlled access devices that are power-operated
shall have a radio-controlled override system capable of opening the gate
or barrier when activated by a special transmitter located in emergency
vehicles . Devices shall be equipped to facilitate opening in the event of
a power failure. All controlled access devices that are not power operated
shall be approved by the Chief of Police.
(b) The provisions of this section shall apply to all primary entryways
into private developments and to such other entry ways as may be designated
by the Chief of Police.
(c) Properties which do not meet the requirements of this section shall
be brought into conformance therewith within 6Ponths after this section is
in full force and effect.
(d) The provisions of this section shall be in addition to, and not in
lieu of, the provisions Chapter 11 .02 of the Palm Springs Municipal Code
and the Uniform Fire Code as adopted thereby.
(e) Any person , except those authorized to install or repair, who tampers
with , alters , removes , or otherwise renders inoperable any device required
by this section shall be guilty of a misdemeanor.
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 17th day of September, 1986 .
AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTE alz�_'2
CITY OF PALM SPRINGS, ,,CALIFUR IAA.
By
City Clerk "M ay i
REVIEWED & APPROVED: 4r
I HEREBY CERTIFY that the foregoing Ordinance 1274 was duly adopted by the
City Council of the City of„Palm Springs, in a meeting thereof held on the
date as shown, and that same was duly published in THE DESERT SUN, a news-
paper of general circulation, printed and published in said City on
September 26, 1986. �
/ JUDITH SUMICH
City Clerk
ORDINANCE NO. 1275
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA AMENDING THE ZONING MAP BY REZONING
CERTAIN PROPERTY LOCATED ON MESQUITE AVENUE
BETWEEN EL CIELO ROAD AND DEMUTH PARK, SECTION
19, T4S, R5E, SBBM.
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 Ordinance,
the Official Zoning Map of the City of Palm Springs , referred
to therein is hereby amended as follows:
The parcel of property legally shown on the attached Exhibit
is rezoned to Watercourse-Open Space (W-0).
SECTION 2. EFFECTIVE DATE. This Ordinance shall be of full force and effect
thirty (30) days after passage.
SECTION 3. 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 _ 5th day of _ November , 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATT CITY OF PALM�SX S, C814KRNIA
By_
City Clerk , yor
REVIEWED & APPROVED:_ '
I HEREBY CERTIFY that the foregoing Ordinance 1275 was duly adopted by the
City Council of the City of Palm Springs, in a meeting thereof held on the
date as shown, and that same was duly published in said City on November
11, 1986.
L A JCfDITH SUMICH
City Clerk
EXPANSION OF DEMUTH PARK
i
CHANGE OF ZONE FROM W-R- 1-C TO W-0,0
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CITY OF PALM SPRINGS
E NO. 5.0342—tiiSC.—A APPROVED BY PLAN. COMM. DATE
ILICANT --Cl f'! OF PA'si SP`.H,: S APPROVED BY COUNCIL DATE
EMARKS SAC. ion IS ORD. NO. RESOL. NO.
ORDINANCE NO. 1276
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE REDEVELOPMENT
PLAN FOR THE CENTRAL BUSINESS DISTRICT
REDEVELOPMENT PROJECT.
The City Council of the City of Palm Springs does ordain as follows:
Section 1. The purpose and intent of the redevelopment plan amendment is
to comply with the provisions of Section 33333.4 of the Health
and Safety Code.
Section 2. The Redevelopment Plan for the Central Business District Redevel-
opment Project, adopted by Ordinance No. 952 on June 27 , 1973,
is hereby amended as follows:
a. The amount of taxes which can be allocated to
the Redevelopment Agency from the Central Business
District shall not exceed $150,000,000 in 1986
constant dollars.
b. The Redevelopment Agency shall not establish
or incur loans, advances or indebtedness to
finance in whole or in part the Project beyond
thirty (30) years from the date of original
adoption of the Redevelopment Agency. Loans,
advances or indebtedness may be repaid over
a period of time beyond said limit.
c. Eminent domain proceedings, if used, must be
commenced within twelve ( 12) years from the
adoption date of this Ordinance.
Section 3. The City Clerk is hereby directed to send a certified copy of
this Ordinance to the Agency whereupon the Agency is vested
with the responsibility for carrying out the Redevelopment Plan
Amendment.
Section 4. The City Clerk is hereby directed to transmit a copy of this
Ordinance to the auditor and assessor of the County of Riverside,
to the governing body of each of the taxing agencies which
receives taxes from property in the Project Area and to the
State Board of Equalization.
Section 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect
thirty (30) days after passage.
Section 6. PUBLICATION. The City Clerk is hereby ordered and directed
to certify to the passage of this Ordinance and to cause the
same to be published once in the Desert Sun, a daily newspaper
of general circulation, published and circulated in the City
of Palm Springs, California.
ORDINANCE NO. 1276
Section 7. SEVERABILITY. If any part of this Ordinance or the Redevelopment
Plan Amendment which it approves is held to be invalid for any
reason, such decision shall not affect the validity of the remain-
ing portion of this Ordinance or of the Redevelopment Plan,
and this Council hereby declares that it would have passed the
remainder of this Ordinance or approved the remainder of the
Redevelopment Plan if such invalid portion thereof had been
deleted.
ADOPTED this 5th day of _ November 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: { CITY OF PALM SPRINGS, CALIFORNIA
�,_�"City Clerk �� y or
REVIEWED AND APPROVED:_
I HEREBY CERTIFY that the foregoing Ordinance 1276 was duly adopted by
the City Council of the City of Palm Springs, in a meeting thereof held
on the date as shown, and that same was duly published in THE DESERT
SUN, a n ewspaper of general circulation, printed and published in said
City on November 11, 1986.
UDITH SUMICH
City Clerk
ORDINANCE NO. 1277
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING THE MUNICIPAL
CODE REGARDING ADJUSTMENT OF METERS
IN MUNICIPAL PARKING LOT NO. 2.
WHEREAS, Section 12.36. 100 of the Municipal Code regulates the adjustment
of meters in Municipal Lot No. 2; and
WHEREAS, it is desirable to amend this same section to allow for the increase
in meter rates to better account for operational costs of the lot;
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA does ordain as
follows:
Section 1. Section 12.36. 100 of the Municipal Code is amended to read as
follows:
"Adjustment of meters -- Municipal Parking Lot No. 2. The parking
meters installed in Municipal Parking Lot No. 2 shall be so
adjusted as to provide, and likewise to indicate on the face
or dial of the parking meter, legal parking at the rate that
shall be established from time to time by a resolution of the
City Council . "
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 l9th day of November 1986.
AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIf.FORNIA
:
By,
City Clerk —�-1 Made
REVIEWED AND APPROVED:
—
I HEREBY CERTIFY that the foregoing Ordinance No. 1277 was duly adopted by
the City Council of the City of Palm Springs, in a meeting thereof held
on the date as shown, and that same was duly published in THE DESERT SUN,
a newspaper of general circulation, printed and published in said City on
November 29, 1986.
�- DITFI SUMICH
City Clerk
ORDINANCE NO. 1278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION
3.32.040 OF THE PALM SPRINGS MUNICIPAL CODE
RELATING TO ELECTRICITY USERS TAX.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1 . Section 3.32.040, subsection "b." of the Palm Springs
Municipal Code is hereby amended to read as follows:
"b. As used in this section, the term "using electrical
energy" shall not be construed to mean the storage
of such energy by a person in a battery owned or
possessed by him for use in an automobile or other
machinery or device apart from the premises upon which
the energy was received; provided, however, that the
term shall include the receiving of such energy for
the purpose of using it in the charging of batteries;
nor shall the term include electricity used and consumed
by an electric utility supplier in the conduct of
its business as an electric public utility, nor shall
the term include the mere receiving of such energy
by an electric public utility or governmental agency
at a point within the City of Palm Springs for resale;
nor shall the term include the use of electrical energy
for the pumping of water by a public utility, mutual
water company or governmental agency for distribution
to consumers through mains or pipes if such public
utility, mutual water company or governmental agency
is a "service supplier" as defined in Section
3.32.010(e) , and as service supplier does collect
from its customers and remit to the Tax Administrator
the Water Users Tax imposed by Section 3.32.060."
SECTION 2. Effective date. This is an ordinance relating to
taxes for the usual and current expenses of the city, and shall
take effect immediately pursuant to Government Code Section
36937(d).
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 3rd day of December , 1986.
1 AYES: Councilmembers Apfelbaum, Birer, Foster, Smith and Mayor Bogert
NOES: None
ABSENT: None
ATTEST CITY OF PALM SPRINGS;; ALhFOWIA_
�ity Clerk ' Mayo
REVIEWED & APPROVED:
Ordinance 1278
I HEREBY CERTIFY that the foregoing Ordinance 1278 was duly adopted
by the City Council of the City of Palm Springs, in a meeting
thereof held on December 3, 1986, and that a summary of same
was duly published in THE DESERT SUN, a newspaper of general
circulation, printed and published in said City, on December
10, 1986.
( _ JUDITH SUMICH'
City Clerk
1