HomeMy WebLinkAbout6/27/2007 - STAFF REPORTS - 2.D. a�pALM$.
CITY OF PALM SPRINGS
^ MEMORANDUM
k ryCORPORATCO Y
°qtj;:0% "V. CITY CLERKS DEPARTMENT
James Thompson, City Clerk
TO: Mayor and Members of the City Council
David H. Ready, CityManager
FROM: James Thompson, City Cler
DATE: June 27, 2007
SUBJECT: Item 2.D. Revised Ballot Question
Yesterday, I received correspondence from Palm Springs registered voter, Jono
Hildner, who filed the referendum petition for Ordinance No. 1689. He has requested
the City consider modifying the ballot question to include two additional provisions: 1)
adding the term of the extension of ten years; and 2) adding the date of the
Development Agreement.
While the current ballot question is technically correct and in conformance with
Elections Code Section 13120, form submitted as a referendum measure, staff
recommends the addition of only the term of the extension into the ballot question.
Staff concurs with the request of adding the term of the extension, as this language
better 'frames' the question, and is more consistent with the title of the ordinance itself,
as approved by the City Council in May, 2006.
Staff disagrees with the addition of the date to the ballot question. Adding extraneous
information to the question is not necessary, there is only one development agreement
it needs no further clarification, but most importantly it is not consistent with the title of
the ordinance. The mention of this additional information would be more appropriate in
the detailed impartial analysis and not the ballot question.
As such, staff recommends the ballot question as amended:
Shall Ordinance No. 1689, providing a ten year time YES
extension of the term of the Development Agreement
between the City of Palm Springs and Shadowrock
Real Estate Development, LLC., be approved? NO
The City Attorney has reviewed the proposed modification. Revised resolutions will be
prepared for the meeting.
cn&/z71Z oc 7
Jay Thompson
From: Jono Hildner[Jono@Hildner.com]
Sent: Tuesday, June 26, 2007 9:56 AM
To: Jay.Thompson@palmsprings-ca.gov
Subject: Ballot title language
Jay,
Please consider this request to change the Ballot Title language on behalf of me, the petitioner.
I think it would make the question more clear if the language were to read: "Shall Ordinance No. 1689,
extending by ten years, the term of the 1993 Development Agreement between the City of Palm Springs and
Shadowrock Real Estate Development, LLC, be approved?"
Thanks again for your consideration.
Jono Hildner
241 E. Mesquite Ave.
Palm Springs, CA 92264
Phone: 760-318-2618
Cell Phone: 760-861-5365
6/27/2007
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 6, 2007, FOR THE ELECTION OF CERTAIN
OFFICERS AND FOR THE SUBMISSION TO THE QUALIFIED
VOTERS AN ORDINANCE EXTENDING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL
ESTATE DEVELOPMENT LLC, AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
WHEREAS, pursuant to Palm Springs Municipal Code Section 2.04.080 a
regular General Municipal Election shall be held on Tuesday, November 6, 2007, for the
election of Municipal Officers; and
WHEREAS, Palm Springs Charter Section 802 requires that elections shall be
held in accordance with the provisions of the California Elections Code; and
WHEREAS, the City Council on May 17, 2006, duly adopted Ordinance No. 1689
pertaining to and extending the term of the Development Agreement with Shadowrock
Real Estate Development LLC, and said ordinance was published as required by law;
and
WHEREAS, on June 16, 2006, a qualified registered voter of the City of Palm
Springs filed a petition for the Referendum of Ordinance No. 1689, pursuant to
California Elections Code Section 9239; and
WHEREAS, the City Clerk examined or caused the examination of registration
and declared the filed referendum petition as sufficient and executed a Certificate of
Sufficiency; and
WHEREAS, on July 26, 2006, the City Council, pursuant to California Elections
Code Section 9237 reconsidered Ordinance No. 1689, did not vote in favor of the repeal
of the Ordinance, and is required by California Elections Code Section 9241 to submit
the ordinance to the voters; and
WHEREAS, the City Council adopted Resolution No. 21693 authorizing and
directing the City Clerk to prepare all necessary documents to submit the ordinance to
the qualified voters at the regular municipal election to be held November 6, 2007,
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the Palm Springs City Charter, Palm
Springs Municipal Code, and the laws of the State of California relating to elections;
Resolution No.
Page 2
there is called and ordered to be held in the City of Palm Springs, California, on
Tuesday, November 6, 2007, a General Municipal Election for the purpose of electing
the Mayor of the City of Palm Springs and two Members of the City Council for the full
term of four years.
SECTION 2. That the City Council pursuant to its right and authority, does order
submitted to the qualified voters at the General Municipal Election the following
ordinance and question.-
Shall Ordinance No. 1689, providing a ten year time YES
extension of the term of the Development Agreement
between the City of Palm Springs and Shadowrock
Real Estate Development, LLC., be approved? NO
SECTION 3. That the complete text of the ordinance submitted to the voters is attached
as Exhibit A.
SECTION 4. The ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. The City Clerk is authorized, instructed and directed to procure and furnish
any and all official ballots, notices, printed matter, supplies, and equipment that may be
necessary in order to properly and lawfully conduct the election.
SECTION 6. The Polls for the election shall be open at seven o'clock a.m. (7:00 AM) of
the day of the election and shall remain open continuously from that time until eight
o'clock p.m. (8:00 PM) of the same day when the polls shall be closed, except as
provided in Section 14401 of the California Elections Code.
SECTION 7. In all matters not recited in this resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
SECTION 8. Notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 9. Pursuant to Section 10263 of the California Elections Code, the canvass
of the General Municipal Election is ordered to be made by the City Clerk. The City
Clerk may designate that the Registrar of Voters for the County of Riverside, conduct
and complete the canvass.
SECTION 10. The City Clerk or designee shall cause the canvass to be completed for
the General Municipal Election and shall certify the results to the City Council by
December 5, 2007.
Resolution No.
Page 3
ADOPTED THIS 27" DAY OF JUNE, 2007,
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 27, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT
THE NOVEMBER 6, 2007, GENERAL MUNICIPAL ELECTION
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Palm
Springs, California on November 6, 2007, at which there will be submitted to the voters
the following measure:
Shall Ordinance No. 1689, providing a ten year time YES
extension of the term of the Development Agreement
between the City of Palm Springs and Shadowrock
Real Estate Development, LLC., be approved? NO
WHEREAS Article 4, Chapter 3, Division 9 of the California Elections Code
provides for the filing of written arguments and rebuttal arguments for City measures
submitted at municipal elections.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the City Council authorizes any and all members of the City Council
to file a written argument in Favor OR Against the City Measure, accompanied by the
printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and signature of
at least one of its principal officers, in accordance with Article 4, Chapter 3, Division 9 of
the Elections Code of the State of California, and to change the argument until and
including the date fixed by the City Clerk, after which no arguments for or against the
City measure may be submitted to the City Clerk. No argument shall exceed 300 words
in length.
SECTION 2. That pursuant to Section 9285 of the Elections Code of the State of
California, when the City Clerk has selected the arguments for and against the measure
which will be printed and distributed to the voters, the City Clerk shall send copies of the
argument in favor of the measure to the authors of the argument against, and copies of
the argument against to the authors in favor. The authors may prepare and submit
rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with
the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s)
submitting it, or if submitted on behalf of an organization, the name of the organization,
Resolution No._
Page 2
and the printed name and signature of at least one of its principal officers, not more than
10-days after the final date for filing direct arguments. Each rebuttal argument shall
immediately follow the direct argument which it seeks to rebut.
SECTION 3. Any written argument or rebuttal argument filed with the City Clerk shall be
accompanied by the Statement of the Author Form required by Section 9600 of the
California Election Code. The City Clerk shall provide such form upon request.
SECTION 4. That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney. The City Attorney shall prepare an impartial analysis of
the measure, not to exceed 500 words, showing the effect of the measure on the
existing law and the operation of the measure. The impartial analysis shall be filed by
the date set by the City Clerk for the filing of primary arguments.
ADOPTED THIS 271" DAY OF JUNE, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 27, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
A LM SA4
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°burtv•• n
CITY COUNCIL STAFF REPORT
DATE: JUNE 27, 2007 CONSENT CALENDAR
SUBJECT: PROPOSED RESOLUTIONS CALLING THE NOVEMBER 6, 2007,
GENERAL MUNICIPAL ELECTION, ORDERING SERVICES AND
ADOPTING REGULATIONS FOR CANDIDATE STATEMENTS AND
REFERENDUM ARGUMENTS AND REBUTTAL ARGUMENTS
FROM: David H. Ready, City Manager
BY: James Thompson, City Clerk
SUMMARY
The City Council will consider four resolutions that provide for the calling and giving
notice of the general municipal election on November 6, 2007, requesting Riverside
County Registrar of Voters to provide specified services, and adopting regulations for
candidate statements and referendum arguments and rebuttals to arguments.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE
OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 6, 2007, FOR THE ELECTION OF CERTAIN OFFICERS AND
FOR THE SUBMISSION TO THE QUALIFIED VOTERS, AN ORDINANCE
EXTENDING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND
SHADOWROCK REAL ESTATE DEVELOPMENT LLC, AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA."
2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF RIVERSIDE TO RENDER SPECIFIED
SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2007."
3. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
ITEM NO.
City Council Staff Report
June 27, 2007-- Page 2
General Municipal Election
STATEMENTS SUBMITTED TO THE VOTERS AT THE GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 6, 2007,"
4. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF REBUTTAL
ARGUMENTS REGARDING A CITY MEASURE AT THE NOVEMBER 6, 2007
GENERAL MUNICIPAL ELECTION AND DIRECTING THE CITY ATTORNEY
TO PREPARE AN IMPARTIAL ANALYSIS."
STAFF ANALYSIS:
Pursuant to Palm Springs Municipal Code Section 2.04.080, the City shall hold its
general municipal election on Tuesday, November 6, 2007, for the election of officers,
Mayor of the City of Palm Springs, and two members of the City Council for the term
ending in November, 2011.
Four routine and customary resolutions have been prepared by staff for the City Council
to call the election.
The first calls and gives notice of the election; directs the City Clerk to give further
notice as provided for in the California Elections Code, provides for the City Clerk or the
Registrar of Voters to conduct and complete the canvass.
The second requests the services from the County of Riverside to conduct the election,
and provides for the payment of such services.
The third adopts rules and regulations for the submission of candidates' statements as
required by section 13307 of the California Elections Code and the required payment.
The City Clerk has estimated the cost of the candidate statement to be $900.
Finally, the fourth sets priorities for the filing of written arguments and provides for the
filing of rebuttal arguments and directs the City Attorney to prepare an impartial
analysis.
The official period for a candidate to pull and file nomination papers is July 16 to August
10, 2007. During these dates candidates may take out and file nomination papers.
Additionally, if an incumbent does not file by the end of the nomination period, an
extended nomination period will be provided pursuant to the Elections Code 10225, and
candidates other than the person who was the incumbent may file nomination papers.
for that office until August 15, 2007.
August 20, 2007, is the last day to file Arguments regarding any measure to be on the
ballot, and August 30, 2007. is the last day for authors of primary arguments to file
rebuttals to arguments.
CC(-D2
City Council Staff Report
June 27, 2007-- Page 3
General Municipal Election
October 22, 2007 is the close of registration and is the last day to register or re-register
for the November 6, 2007 election.
November 26, 2007 is the final day for the City Clerk and the Registrar of Voters to
certify the election results.
The City Council shall no later than the next regularly scheduled meeting following
presentation of the canvass, meet to declare the results and to install officers. Tentative
date Wednesday, December 5, 2007.
It should also be noted that recently elected California Secretary of State Debra Bowen,
is conducting a 'Top-to-Bottom" Voting Machine Review. It is anticipated that results of
such review will be finalized and released in August, 2007. Staff believes this timeline
was established to provide the requisite notice pursuant to the Elections Code, in the
eventuality of a de-certification of any particular voting system; while still meeting the
deadline for notice for the newly established California Primary in February, 2008.
Riverside County Registrar of Voters announced that for the November, 2007 election,
the County will continue to use its Sequoia DREs. Hence, should the Secretary, for
some reason, de-certify the current voting system in August, what message would that
send to the City of Palm Springs voters, who will be voting on that same system this
November.
FISCAL IMPACT:
Approximately $86,000 to conduct the election, budgeted in City Clerks Department
001-1 1 50-43860 (Elections). Additionally, a significant amount of staff time to plan and
conduct the election which will impact the City Clerks Department.
ames Thompson, City Clerk David H. Ready, Cit ager
Attachments:
Resolution Calling Election
Resolution Requesting Services
Resolution Candidate Statements
Resolution Arguments and Rebuttal Arguments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 6, 2007, FOR THE ELECTION OF CERTAIN
OFFICERS AND FOR THE SUBMISSION TO THE QUALIFIED
VOTERS AN ORDINANCE EXTENDING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL
ESTATE DEVELOPMENT LLC, AS REQUIRED BY THE
PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
WHEREAS, pursuant to Palm Springs Municipal Code Section 2.04.080 a
regular General Municipal Election shall be held on Tuesday, November 6, 2007, for the
election of Municipal Officers; and
WHEREAS, Palm Springs Charter Section 802 requires that elections shall be
held in accordance with the provisions of the California Elections Code; and
WHEREAS, the City Council on May 17, 2006, duly adopted Ordinance No. 1689
pertaining to and extending the term of the Development Agreement with Shadowrock
Real Estate Development LLC, and said ordinance was published as required by law;
and
WHEREAS, on June 16, 2006, a qualified registered voter of the City of Palm
Springs filed a petition for the Referendum of Ordinance No. 1689, pursuant to
California Elections Code Section 9239; and
WHEREAS, the City Clerk examined or caused the examination of registration
and declared the filed referendum petition as sufficient and executed a Certificate of
Sufficiency; and
WHEREAS, on July 26, 2006, the City Council, pursuant to California Elections
Code Section 9237 reconsidered Ordinance No. 1689, did not vote in favor of the repeal
of the Ordinance, and is required by California Elections Code Section 9241 to submit
the ordinance to the voters; and
WHEREAS, the City Council adopted Resolution No. 21693 authorizing and
directing the City Clerk to prepare all necessary documents to submit the ordinance to
the qualified voters at the regular municipal election to be held November 6, 2007.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Pursuant to the requirements of the Palm Springs City Charter, Palm
Springs Municipal Code, and the laws of the State of California relating to elections;
Resolution No.`
Page 2
there is called and ordered to be held in the City of Palm Springs, California, on
Tuesday, November 6, 2007, a General Municipal Election for the purpose of electing
the Mayor of the City of Palm Springs and two Members of the City Council for the full
term of four years.
SECTION 2. That the City Council pursuant to its right and authority, does order
submitted to the qualified voters at the General Municipal Election the following
ordinance and question:
Shall Ordinance No. 1689, extending the term of the YES
Development Agreement between the City of Palm
Springs and Shadowrock Real Estate Development,
LLC., be approved? NO
SECTION 3. That the complete text of the ordinance submitted to the voters is attached
as Exhibit A.
SECTION 4. The ballots to be used at the election shall be in form and content as
required by law.
SECTION 5. The City Clerk is authorized, instructed and directed to procure and furnish
any and all official ballots, notices, printed matter, supplies, and equipment that may be
necessary in order to properly and lawfully conduct the election.
SECTION 6. The Polls for the election shall be open at seven o'clock a.m. (7:00 AM) of
the day of the election and shall remain open continuously from that time until eight
o'clock p.m. (8:00 PM) of the same day when the polls shall be closed, except as
provided in Section 14401 of the California Elections Code.
SECTION 7. In all matters not recited in this resolution, the election shall be held and
conducted as provided by law for holding municipal elections.
SECTION 8. Notice of the time and place of holding the election is given and the City
Clerk is authorized, instructed and directed to give further or additional notice of the
election, in time, form and manner as required by law.
SECTION 9. Pursuant to Section 10263 of the California Elections Code, the canvass
of the General Municipal Election is ordered to be made by the City Clerk. The City
Clerk may designate that the Registrar of Voters for the County of Riverside, conduct
and complete the canvass.
SECTION 10. The City Clerk or designee shall cause the canvass to be completed for
the General Municipal Election and shall certify the results to the City Council by
December 5, 2007.
L`1 '
Resolution No.
Page 3
ADOPTED THIS 27th DAY OF JUNE, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 27, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
0n(7
EXHIBIT A
ORDINANCE N0. 1689
AN ORDINANCE OF THE PEOPLE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING AN EXTENSION OF
THE TERM OF THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY AND SHADOWROCK REAL ESTATE
DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY
COMPANY, FOR PROPERTY LOCATED ALONG TRAMWAY
ROAD, APPROXIMATELY 1.6 MILES WEST OF HIGHWAY
111, PDD 224, SECTIONS 5, 6, and 8.
The People of the City of Palm Spring finds:
A. Shadowrock Real Estate Development LLC, (the "Applicant') filed an application
(PDD-224-CASE 6.0609) for a ten-year time extension to the term of a Development
Agreement to construct an 18-hole golf course with clubhouse, 270 unit lodge (composed
of 200 condominiums, 10 bungalows, 60 hotel rooms), a spa/fitness/tennis facility and 135
single family estate lots. A total of 405 dwelling units was proposed with the original project
with the City pursuant to Section 9402,00 of the Zoning Ordinance and the Palm Springs
Municipal Code Section 9.60. A Final Environmental Impact Report was prepared for the
project and was certified and adopted by the City Council on May 5, 1993, in compliance
with CEQA and the State CEQA Guidelines. The project is located on Tramway Road
approximately 1.5 miles west of Highway 111, PDD 224 Zone, Sections 5, 6, and 8.
B. A Development Agreement was approved by the City Council on November 17,
1993, and the Original Term of the Development Agreement is a period of ten (10) years,
from December 17, 1993 to December 17, 2003. In addition to the period of the Original
Term, the Term of the Agreement has been extended to June 29, 2006, per Section 17,2
of said Agreement.
C. The Development Agreement provides for vested rights of development for the
project and provides for conditions and requirements that will govern future discretionary
approvals.
D. Notice of the public hearing was provided in accordance with the Palm Springs
Municipal Code to consider the time extension of the Development Agreement for the
Shadowrock development project.
E. The development proposed by Shadowrock Real Estate Development, LLC was
fully analyzed in the Final Environmental Impact Report and is consistent with the Final
EIR that was prepared for the project and which was previously distributed for public
comment in accordance with CEQA.
F. An Addendum was prepared to the previously certified Environmental Impact
Report which discusses minor technical changes and concludes that the conditions
described in Section 15162 of the California Environmental Quality Act, calling for the
preparation of a subsequent EIR have not occurred.
' 6,r7
Ordinance No. 1689
Page 2
G. A recent biological survey dated April 7, 2006, of the project site substantiate the
biological conditions described in the Final EIR and no additional surveys are required.
H. The addendum is not required to be circulated for public review but shall be
attached to the Final EIR as required per Section 15164 of the California Environmental
Quality Act.
I. The Applicant has proposed to provide the City with the sum of Five Hundred
Thousand Dollars ($500,000.00) for general government purposes as an additional public
benefit of the project to be paid upon issuance of the first building permit for the project-
J. On April 26, 2006, after conducting a public hearing, with notice provided in
accordance with established procedures, and reviewing and considering all of the
evidence presented in connection with project including, but not limited to, the staff report,
the Addendum, the Final Environmental Impact Report prepared for the Shadowrock
project, and all written and oral testimony presented, the Planning Commission adopted a
resolution recommending denial of the request.
THE PEOPLE OF THE CITY OF PALM SPRINGS DO HEREBY ORDAIN, AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the City Council determines that the Development
Agreement is in compliance with the Final Environmental Impact Report that was prepared
for the Shadowrock project and was certified and adopted on May 5, 1993 and is in
compliance with CEQA, the State CEQA Guidelines; the EIR adequately addresses the
general environmental setting of the proposed Project, its significant environmental
impacts, and the alternatives and mitigation measures related to each significant
environmental effect for the proposed Project. The City Council has independently
reviewed and considered the Agreement is in conformance with the information contained
in the certified Final Environmental Impact Report.
SECTION 2. There is no new substantial evidence with respect to environmental effects
that has been submitted to the City and there are no substantial changes with respect to
the project that would require revisions to the certified Final Environmental Impact Report.
Originally, the approved project included a destination resort that included an 18-hole golf
course, a spa/fitness/tennis facility, 135 single-family and luxury estate homes, 270-unit
lodge facility consisting of a 60-unit hotel building 10 luxury bungalows and 200 luxury
condominiums. The subject project continues to entail construction of an 18 hole golf
course, clubhouse, hotel/resort, future residential use, and a reservoir site on 347.67
acres. In the first phase the extent of the golf course has been reduced to comply with the
conditions of approval, mitigation measures, and a settlement agreement derived from a
previous lawsuit (California Department of Fish and Game v. City of Palm Springs
Riverside Superior Court, Case No. I-69777) on the project. Since the scope of the golf .
course has been reduced from 158 acres to 142 acres and avoids the "No Development
Zone per the settlement agreement, the potential for impacts has even been lessened
than what the certified Final Environmental Impact Report analyzed. Thus, no further
environmental review is necessary.
CrIc1e,
Ordinance No. 1689
Page 3
SECTION 3. A mitigation monitoring program was previously adopted pursuant to Public
Resources Code Section 21081.6 in order to assure compliance with the above-referenced
mitigation measures during Project implementation. This mitigation monitoring program
was included as a condition of approval of the Project. In addition, pursuant to the
settlement agreement referenced above, the Applicant agreed to additional mitigation
measures to be incorporated into the project. The potential for an impact is even less as
noted in the Addendum than what was analyzed in the certified Final Environmental
Impact Report. Thus, no further mitigation is necessary.
SECTION 4. The People of the City of Palm Springs finds that the plans for the
Development are in compliance with the settlement agreement discussed above.
SECTION 5. Pursuant to Government Code Section 66473.5, the People of the City of
Palm Springs finds that extension of the Development Agreement is compatible with the
objectives, policies, and general land uses and programs provided in the City's General
Plan and the Preliminary Planned Development District approved by the City Council on
May 5, 1993.
SECTION 6. Pursuant to Government Code Section 66474 and Section 94.08.00.A.14,
the City Council finds that:
a. The extension of the Development Agreement is consistent with the objectives,
policies, general land uses and programs of the General Plan and Preliminary Planned
Development District (PDD) 224, and is compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the property is located. The
project site is located within the Tramway Area Plan and is designated as LSR (Large-
Scale Resort) in the General Plan which emphasizes recreational and resort living. The
project at this time entails construction of an 18-hole golf course, clubhouse,
hotel/resort, future residential use, and a reservoir site on 347.67 acres. The approved
project, PDD-224 included a destination resort that included an 18-hole golf course, a
spa/fitness/tennis facility, 135 single-family and luxury estate homes, 270-unit lodge
facility consisting of a 60-unit hotel building, 10 luxury bungalows and 200 luxury
condominiums. Thus, even though the project has been adjusted to comply with the
conditions of approval, mitigation monitoring program, and Settlement Agreement from
what was approved, extension of the Development Agreement is still consistent with
the General Plan and PDD-224.
b. That the extension is in conformity with the public convenience, general welfare and
good land use practice, and further with no be detrimental to the health, safety and
general welfare. All street, drainage, and utilities improvements are required subject to
the General Plan and PDD-224. A hydrology study is required to analyze on- and off-
site drainage patterns. The applicant will need to improve Tramway Road so there are
no circulation problems. The applicant is required to obtain the necessary approvals
from all utility companies.
c. That the extension of the development Agreement will not adversely affect the
orderly development of property or the preservation of property values. The site is
Ordinance No. 1689
Page 4
physically suitable for the type of development contemplated by the proposed
subdivision. The proposed golf course is generally located on 8% to 10% slope. The
developer donated 565 acres of hillside to the Parks, Open Space and Trails
Foundation to be maintained as open space. Thus, the project is suitable for the
subject site with the mitigation measures proposed.
d. There is no new substantial evidence that was identified in the Addendum with
respect to environmental effects that has been submitted to the City and there are no
substantial changes with respect to the project that would require revisions to the
certified Final Environmental Impact Report. The Final Environmental Impact Report
(EIR) that was certified on May 5, 1993, by the City Council adequately addressed all
potential impacts and incorporated mitigation measures associated with the subject
property. In additional, the applicant and the State of California Department of Fish &
Game entered into a Settlement Agreement on October 20, 1993, in which additional
mitigation measures were incorporated into the project. As noted in the Addendum,
there is no new substantial evidence with respect to environmental effects that has
been submitted to the City and there are no substantial changes with respect to the
project that would require revisions to the certified Final Environmental Impact Report.
Since the scope of the project has been reduced, the potential for impacts has even
been lessened that what the certified EIR analyzed. Thus, no further environmental
review is necessary. If significant changes are in later phases, additional environmental
review will be undertaken at that time.
e. The project alterations are due to the State of California Department of Fish &
Game Settlement Agreement and the conditions. Thus, the potential for impacts
associated with the project have been reduced from what was originally analyzed in the
EIR. The scope of the project has been downsized from was originally approved. The
project alterations are due to the Settlement Agreement. The proposed fencing of the
golf course is to retain domestic animals within residential areas (Bighorn Sheep
Mitigation No. 11). The State of California Department of Fish & Game removed the
fence requirement so Bighorn Sheep could traverse the golf course. The City Council
did not defer to delete conditions with respect to sewer, retention of storm water onsite.
A hydrology study is required to analyze on- and off-site drainage. The applicant is
required to submit final landscape plans as a part of the conditions of approval. The
applicant has donated 565 acres to Parks, Open Space and Trails Foundation to be
held as permanent open space. A Fugitive Dust and Erosion Control Plan has been
submitted for approval as a part of the grading plan. The mitigation measures regarding
hazardous materials were not modified by the City Council. Thus, no further mitigation
is necessary.
f. The EIR that was adopted and certified in 1993 fully analyzed the Peninsular
Bighorn Sheep with respect to potential impacts and mitigation measures. An
Addendum to the EIR dated April 20, 2006 has been prepared for the project and did
not identify any additional impacts. A letter from John Wehausen, Ph.D. finds that the
biological conditions at the site are not significantly changed since the EIR was
adopted. The certified EIR fully analyzed the Peninsular Bighorn Sheep with respect to
potential impacts and mitigation measures. In addition, the settlement agreement, a
Ordinance No. 1689
Page 5
legal and binding contract, required additional measures regarding the bighorn sheep.
These measures included a "No Development Zone"; acquisition of 340 acres in
Blasedell Canyon to replace the 331 acres of bighorn sheep habitat disturbed by the
project; payment of $50,000 to the State Fish & Game Department for a study of the
bighorn sheep in the San Jacinto Mountains. Thus, no further mitigation is necessary.
g. The application entails construction of an 18-hole golf course, clubhouse,
hotel/resort, future residential use, and a reservoir site on 347.67 acres. The application
does not include development of the Indian land along the northwestern portion of the
site. Since the application at this time does not include the Indian land along the
northwestern portion of the site, this will ensure that this property will not be developed
as a part of this project. If development is ever proposed on this property, separate
environmental review may be required at that time.
h. The certified EIR adequately addressed and reviewed five alternative sites for the
subject property. Based on the criteria used, many of the alternative sites contain
constraints that would not meet the Citys and Developers objectives. There is also an
approved Planned Development District that allows the developer the right to pursue
development of the subject property.
i. The grading proposed at this time has been reduced from what the certified EIR
originally analyzed. The size of the golf course has been reduced from 158 acres to
142 acres. The certified EIR indicated that there will be 122,234 cubic yards of earth
out, about 609,491 cubic yards of earth fill, and approximately 490,000 cubic yards of
earth imported as fill; however, because of the reduced scope of the project, the
amount of grading has also been reduced. It is estimated that there will be 370,000
cubic yards of earth cut, about 350,000 cubic yards of earth fill, and about 280,000
cubic yards of import fill. Thus, the potential for an impact related to grading has been
reduced from what was previously analyzed in the EIR.
j. A nexus and rough proportionality have been established for requirement of
dedication of the additional right-of-way to the City and the off-site improvements as
related to the Preliminary Planned Development District and tentative tract map. The
right-of-way off-site improvements, which are required by the Preliminary Planned
Development District and the Final Environmental Impact Report, are related to the
project since the property owners must use Tramway to access the site. Currently, the
subject property is vacant and therefore little or no usage of the roads, sidewalks and
utilities is due to the subject property at this time. However, the future property owners
will benefit from any improvements made to Tramway such as dedication of
easements, sidewalks/bikepaths and future widening. Modifications are required to
meet City engineering standards. The required widening and vertical/horizontal street
improvements will provide safety benefits to the property owners and will aesthetically
enhance the subject area.
SECTION 7. Pursuant to Government Code Section 66474.6, the People of the City of
Palm Springs have determined that the discharge of waste from the proposed project into
the existing sewer system will not result in a violation of existing requirements prescribed
p 1n17�.�
Ordinance No. 1689
Page 6
by the Regional Water Quality Control Board. On an interim basis septic tanks may be
approved for the clubhouse only.
SECTION 8. Based on the forgoing, the People of the City of Palm Springs approves a
ten-year time extension of the term of the Development Agreement originally approved by
Ordinance No. 1462 between the City and Shadowrock Real Estate Development, LLC,
ending June 29, 2016, and accepts the offer of$500,000.00 from Shadowrock Real Estate
Development, LLC for general government purposes.
SECTION 9. The Mayor is hereby directed to execute an amendment to the Development
Agreement as described in this Ordinance and as approved as to form by the City
Attorney.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA
REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF RIVERSIDE TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING
TO THE CONDUCT OF A GENERAL MUNICIPAL
ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 6, 2007
WHEREAS, the City of Palm Springs, California, General Municipal
Election is to be held on November 6, 2007; and
WHEREAS, in the course of conducting the election it is necessary for the
City to request services of the County of Riverside; and
WHEREAS, all necessary expenses in performing these services shall be
paid by the City of Palm Springs.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of Section 10002 of the California
Elections Code, the Palm Springs City Council requests that the Riverside
County Board of Supervisors permit the County Registrar of Voters to prepare
and furnish any and all supplies and services in order to properly and lawfully
conduct the election.
SECTION 2. The City of Palm Springs shall reimburse the County of Riverside
for all services performed when the work is completed and upon presentation to
the City a properly approved bill.
SECTION 3. The City Clerk is directed to forward a certified copy of this
resolution to the Registrar of Voters for the County of Riverside.
ADOPTED THIS 27th DAY OF JUNE, 2007,
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) Ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. _ is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on June 27, 2007,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING
TO CANDIDATES STATEMENTS SUBMITTED TO THE
VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 6, 2007
WHEREAS, Section 13307 of the California Elections code provides that the
governing body of the local agency adopt regulations pertaining to materials
prepared by any candidate for a municipal election, including the costs thereof.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PROVISIONS.
Pursuant to Section 13307 of the California Elections Code each candidate for
elective office to be voted for at the City of Palm Springs General Municipal Election
to be held on November 6, 2007, may prepare a candidate's statement on an
appropriate form provided by the City Clerk. The statement may include the name,
age and occupation of the candidate and a brief description of no more than 200
words of the candidate's education and qualifications expressed by the candidate
himself or herself. The Statement shall not include party affiliation of the candidate,
nor membership or activity in partisan political organizations. Pursuant to Section
13307(b) of the California Elections Code bold font is prohibited. The statement
shall be filed in typewritten form in the office of the City Clerk at the time the
candidate's nomination papers are filed. The statement may be withdrawn, but not
changed, during the period for filing nomination papers and until 5:00 p.m. of the
next working day after the close of the nomination period.
SECTION 2. SPANISH LANGUAGE POLICY.
Pursuant to the Voting Rights Act the City is required to translate candidate
statements into Spanish. The City Clerk shall print all translations of all candidates'
statements in the voters pamphlet.
SECTION 3. ADDITIONAL MATERIALS.
No candidate will be permitted to include additional materials In the sample ballot
package.
SECTION 4. PAYMENT.
The candidate shall be required to pay for the cost of printing the candidates
statements in English and Spanish.
The City Clerk shall estimate the total cost of printing, handling, translating, and
mailing the candidate's statements filed pursuant to this section, including costs
incurred as a result of complying with the Voting Rights Act of 1965 (as amended),
and require each candidate filing a statement to pay in advance to the City, his or
her estimated pro rata share as a condition of having the candidate statement
included in the voter's pamphlet.
Resolution No.
Page 2
The estimate is just an approximation of the actual costs that varies from one
election to another election and may be significantly more or less than the estimate,
depending on the actual number of candidates filing statements.
The City Clerk shall bill the candidate for additional actual expense or refund any
excess paid depending on the final actual cost.
SECTION 5. The City Clerk is directed to provide each candidate or the candidate's
representative a copy of this Resolution at the time nomination papers are issued.
SECTION 6. All previous resolutions adopting regulations for candidates statements
are repealed.
ADOPTED THIS 27th DAY OF JUNE, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on June 27, 2007, by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS AND PROVIDING FOR THE FILING OF
REBUTTAL ARGUMENTS REGARDING A CITY MEASURE AT
THE NOVEMBER 6, 2007, GENERAL MUNICIPAL ELECTION
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN
IMPARTIAL ANALYSIS
WHEREAS, a General Municipal Election is to be held in the City of Palm
Springs, California on November 6, 2007, at which there will be submitted to the voters
the following measure:
Shall Ordinance No. 1689, extending the term of the YES
Development Agreement between the City of Palm
Springs and Shadowrock Real Estate Development,
LLC., be approved? NO
WHEREAS Article 4, Chapter 3, Division 9 of the California Elections Code
provides for the filing of written arguments and rebuttal arguments for City measures
submitted at municipal elections.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the City Council authorizes any and all members of the City Council
to file a written argument in Favor OR Against the City Measure, accompanied by the
printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf
of an organization, the name of the organization, and the printed name and signature of
at least one of its principal officers, in accordance with Article 4, Chapter 3, Division 9 of
the Elections Code of the State of California, and to change the argument until and
including the date fixed by the City Clerk, after which no arguments for or against the
City measure may be submitted to the City Clerk. No argument shall exceed 300 words
in length.
SECTION 2. That pursuant to Section 9285 of the Elections Code of the State of
California, when the City Clerk has selected the arguments for and against the measure
which will be printed and distributed to the voters, the City Clerk shall send copies of the
argument in favor of the measure to the authors of the argument against, and copies of
the argument against to the authors in favor. The authors may prepare and submit
rebuttal arguments not exceeding 250 words. The rebuttal arguments shall be filed with
the City Clerk, accompanied by the printed name(s) and signature(s) of the person(s)
submitting it, or if submitted on behalf of an organization, the name of the organization,
0n 1"7
Resolution No.
Page 2
and the printed name and signature of at least one of its principal officers, not more than
10-days after the final date for filing direct arguments. Each rebuttal argument shall
immediately follow the direct argument which it seeks to rebut.
SECTION 3. Any written argument or rebuttal argument filed with the City Clerk shall be
accompanied by the Statement of the Author Form required by Section 9600 of the
California Election Code. The City Clerk shall provide such form upon request.
SECTION 4. That the City Council directs the City Clerk to transmit a copy of the
measure to the City Attorney. The City Attorney shall prepare an impartial analysis of
the measure, not to exceed 500 words, showing the effect of the measure on the
existing law and the operation of the measure. The impartial analysis shall be filed by
the date set by the City Clerk for the filing of primary arguments.
ADOPTED THIS 271h DAY OF JUNE, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 27, 2007, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
I Ic1�11=�