HomeMy WebLinkAbout1/17/2014 - STAFF REPORTS Page 1 of 1
Subj: Proposed Referendum
Date: 1/17/2014 3:20:57 P.M. Pacific Standard Time
From: SteveRosenberq(daol.com
To: Steve.Pougnet(d),Pal mSpringsCA.gov
Good Afternoon Mr. Mayor,
Thank you for your time yesterday discussing this vexing issue. As I told you, it is very hard
to swallow spending $60,000 of OUR taxpayer money for a referendum. However, I do feel
that this may actually be LESS expensive than another year's worth of litigation with Frank
Tyson and the other clowns who want to block any progress and change in Palm Springs.
Proceeding with a referendum will relatively quickly end this debate. In 90 days, any doubts
that may exist in the minds of potential investors, lenders and tenants will be erased forever
by the landslide approval of downtown redevelopment by the citizens of Palm Springs.
The City has waged and won a hard fought battle at the judicial level. Crafting of the
wording of this referendum is very important in preserving the Council's right to make
Administrative Decisions in the future. We do not want this referendum to become a
precedent that is required in the future.
You have the support of People FOR Palm Springs.
Signed,
The NEW Sheriff in Town
Stem J` weft&W
Friday,January 17, 2014 AOL: Steve Rosenberg
ORDINANCE NO. 1842
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION ON
TUESDAY, APRIL 22, 2014, FOR THE SUBMISSION TO
THE QUALIFIED VOTERS OF AN AMENDMENT TO THE
MUSEUM MARKET PLAZA SPECIFIC PLAN TO
SPECIFICALLY INCLUDE A HOTEL OF APPROXIMATELY
185 ROOMS, RESTAURANTS, MEETING ROOMS, RETAIL
USES, AND ANCIALLARY USES, WITHIN BLOCK C OF
THE MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE
NORTHEAST CORNER OF WEST TAHQUITZ CANYON
WAY AND BELARDO ROAD CONSISTENT WITH
RESOLUTION NO. 23270 OF THE CITY OF PALM
SPRINGS APPROVING A PRELIMINARY PLANNED
DEVELOPMENT DISTRICT TO ACCOMMODATE A HOTEL
(KIMPTON BRAND).
City Attorney Summary
This Ordinance calls and gives notice for a Special Municipal
Election to be held on April 22, 2014, pursuant to the Charter of
the City of Palm Springs, for consideration of an amendment to
the Museum Market Specific Plan, consistent with the
preliminary planned development permit as approved pursuant
to City Council Resolution No. 23270, for the approval of a hotel.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
FINDS:
A. The City of Palm Springs, as lead agency, prepared the Museum Market
Plaza Specific Plan EIR (the "Specific Plan EIR"). The Specific Plan EIR analyzed the
potential environmental impacts of the proposed Museum Market Plaza Specific Plan
pursuant to the California Environmental Quality Act, Public Resources Code Sections
21000 et seq. and California Code of Regulations, Title 14, Sections 15000 et seq.
("CEQA"). The Specific Plan EIR concluded that the Museum Market Specific Plan
would have significant and unavoidable effects on the environment.
B. On December 9, 2009, the City Council for the City of Palm Springs made
findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement
of Overriding Considerations, and certified the Specific Plan EIR pursuant to the
provisions of CEQA. On that date, the City Council also adopted the Museum Market
Specific Plan, conditioned on compliance with the mitigation measures in the Specific
Plan EIR/ Mitigation Monitoring and Reporting Program. The redevelopment of the
Desert Fashion Plaza site was specifically contemplated by the Museum Market
Specific Plan and analyzed in the Specific Plan EIR.
C. On September 29, 2011, the City and Palm Springs Promenade, LLC,
entered into a Project Financing Agreement applicable to the financing, development,
redevelopment, creation and refurbishment of public and private improvements in
downtown Palm Springs at the Desert Fashion Plaza site within the Specific Plan area
Ordinance No. 1842
Page 3
and Planned Development District Case No. 5.1290 / PDD 361 for development of a
hotel of approximately 185 rooms, restaurants, meeting rooms, retail uses and ancillary
uses in excess of 60 feet in height located at the northeast comer of West Tahquitz
Canyon Way and Belardo Road (new): Block "c-1" (collectively, the "Entitlements").
J. On December 19, 2012, the City found that the Third Amendment and the
Entitlements were within the scope of the Specific Plan EIR and the Addendum, and
none of the circumstances triggering further environmental review had occurred.
(Public Resources Code § 21166; California Code of Regulations § 15162.)
K. On December 26, 2012, the City filed a Notice of Determination stating
that the Third Amendment and the Entitlements were within the scope of the Specific
Plan EIR and the Addendum.
L. It is the City's position that the Museum Market Plaza Specific Plan and
the project as modified on December 19, 2012 are consistent.
M. On January 22, 2013, Frank Tysen, a qualified registered voter of the City
of Palm Springs filed a petition for the Referendum of Resolution No. 23270, pursuant to
California Elections Code § 9237.
N. The City Clerk examined or caused the examination of registration and
declared the filed referendum petition as sufficient and executed a Certificate of
Sufficiency.
O. On March 6, 2013, the City Council, pursuant to California Elections Code
§ 9237 reconsidered Resolution No. 23270.
P. On March 6, 2013, the City Council determined that Resolution
No. 23270 was an administrative action and not a legislative action of the City Council
and therefore was not subject to the referendum and the City Council declined to place
the matter on the ballot.
Q. On May 31, 2013, Frank Tysen and the Advocates for Better Community
Development, filed a Summons for Petition for Peremptory Writ of Mandate and
Complaint for Declaratory and Injunctive Relief, Riverside Superior Court, Indio Division,
Case No. INC 1303538, challenging the decision of the Council to decline to place
Resolution No. 23270 on the ballot. The City opposed the petition and writ.
R. A hearing on the writ and complaint was held on October 15, 2013. On
December 10, 2013, the Superior Court, in a clear, succinct, direct, and reasoned
decision, denied the Petition for Peremptory Writ of Mandate, upheld the action of the
City Council to decline to place that matter on the ballot, and expressly found that the
"City's adoption of Resolution No. 23270 was consistent with zoning under both the
Municipal Code and the [Museum Market Plaza Specific Plan]. Moreover, such
approval is not a legislative act because that approval affected an individual application
and was determined by facts peculiar to the case."
Ordinance No. 1842
Page 3
and Planned Development District Case No. 5.1290 / PDD 361 for development of a
hotel of approximately 185 rooms, restaurants, meeting rooms, retail uses and ancillary
uses in excess of 60 feet in height located at the northeast comer of West Tahquitz
Canyon Way and Belardo Road (new): Block "c-1" (collectively, the "Entitlements").
J. On December 19, 2012, the City found that the Third Amendment and the
Entitlements were within the scope of the Specific Plan EIR and the Addendum, and
none of the circumstances triggering further environmental review had occurred.
(Public Resources Code § 21166; California Code of Regulations § 15162.)
K. On December 26, 2012, the City filed a Notice of Determination stating
that the Third Amendment and the Entitlements were within the scope of the Specific
Plan EIR and the Addendum.
L. It is the City's position that the Museum Market Plaza Specific Plan and
the project as modified on December 19, 2012 are consistent.
M. On January 22, 2013, Frank Tysen, a qualified registered voter of the City
of Palm Springs filed a petition for the Referendum of Resolution No. 23270, pursuant to
California Elections Code § 9237.
N. The City Clerk examined or caused the examination of registration and
declared the filed referendum petition as sufficient and executed a Certificate of
Sufficiency.
O. On March 6, 2013, the City Council, pursuant to California Elections Code
§ 9237 reconsidered Resolution No. 23270.
P. On March 6, 2013, the City Council determined that Resolution
No. 23270 was an administrative action and not a legislative action of the City Council
and therefore was not subject to the referendum and the City Council declined to place
the matter on the ballot.
Q. On May 31, 2013, Frank Tysen and the Advocates for Better Community
Development, filed a Summons for Petition for Peremptory Writ of Mandate and
Complaint for Declaratory and Injunctive Relief, Riverside Superior Court, Indio Division,
Case No. INC 1303538, challenging the decision of the Council to decline to place
Resolution No. 23270 on the ballot. The City opposed the petition and writ.
R. A hearing on the writ and complaint was held on October 15, 2013. On
December 10, 2013, the Superior Court, in a clear, succinct, direct, and reasoned
decision, denied the Petition for Peremptory Writ of Mandate, upheld the action of the
City Council to decline to place that matter on the ballot, and expressly found that the
"City's adoption of Resolution No. 23270 was consistent with zoning under both the
Municipal Code and the [Museum Market Plaza Specific Plan]. Moreover, such
approval is not a legislative act because that approval affected an individual application
and was determined by facts peculiar to the case."
Ordinance No. 1842
Page 4
S. Notwithstanding this decision of the Superior Court, on January 13, 2013,
the City received notice that an appeal of the Superior Court's decision was filed on
behalf of Frank Tysen and the Advocates for Better Community Development.
T. The City Council is concerned that completion of the appeal process is
likely to take 12 to 18 months to complete and that this period of time will significantly
delay the project and potentially impair the ability of the project developer to complete
the project in the timely manner required under the agreements between the developer
and the City. The City Council further finds that delays caused by litigation will
jeopardize the ability and willingness of potential tenants to commit to the project and
thereby potentially jeopardize the ability of the developer to complete the project.
U. The City Council opposes the use of meritless litigation as a delaying
tactic to frustrate the ability of the City Council to implement adopted city policy and
programs, that stalls and delays downtown revitalization, and economically damages
the interests of developers, businesses, hoteliers, retail shop owners, and others who
desire the opportunity to locate in the City and develop and use their property in a
manner consistent with the City's adopted plans and policies.
V. The project as modified on December 19, 2012 has been the subject of
several lawsuits, with the petitioners in each case attempting to overturn the approval of
the Entitlements.
W. The City Council finds that the PDD 361 and Major Architectural Approval
Case No. 3.3607 (collectively the "Hotel Entitlements") are the portion of the
Entitlements related specifically to the development of a hotel on Block C.
X. The City Council finds that the Hotel proposed for Block C is a critical
element of the Museum Market Plaza's success, and would be a major contributor of
much needed transient occupancy taxes and an anchor for the overall development.
Y. The City Council reaffirms its March 6, 2013 determination that Resolution
No. 23270 is not a legislative act, and specifically finds and reasserts its contention the
City will prevail in any appeal of the Superior Court's decision finding that the City
Council's decision was not a legislative act subject to the referendum.
Z. Notwithstanding the above, the City Council wishes to avoid the delays to
the project, end the uncertainty related to the Hotel Entitlements brought on by the
pending lawsuits, and minimize the adverse effects that will occur as a result of the
meritless appeal of the Superior Court filed Frank Tysen and the Advocates for Better
Community Development. The City Council specifically finds that it is appropriate to
submit the issue to the voters for the purpose of avoiding delays and to staunch the
financial bleeding that will occur if the developer is unable to proceed with the
completion of the project due to the shroud of uncertainty that would engulf the project
while the appeal process is fully adjudicated.
AA. The City Council desires to submit the Preliminary Planned Development
District and its uses and property development standards thereof, including without
Ordinance No. 1842
Page 5
limitations the height, setbacks, and lot coverage to the voters as an amendment to the
Museum Market Plaza Specific Plan and to secure voter authorization of the hotel
project and to clarify that the Hotel Entitlements as approved on December 19, 2012
and the Museum Market Plaza Specific Plan are consistent.
BB. The City Council finds that this Ordinance amends the Museum Market
Plaza Specific Plan to conform to the Hotel Entitlements as approved on December 19.
2012.
CC. The City finds that the Ordinance is within the scope of the Specific Plan
EIR and the Addendum and that therefore no further CEQA review is required.
DD. Section 801 of the Charter of the City of Palm Springs, provides for the
City Council to conduct Special Municipal Elections.
EE. Section 802 of the Charter of the City of Palm Springs, provides the City
Council may by ordinance enact procedures for the conduct of municipal elections.
FF. Section 5(b) of Article XI of the California Constitution allows Charter
Cities to provide for the conduct of city elections and recognizes regulations for the
conduct of local elections is a matter of local concern.
GG. Section 315 of the Charter of the City of Palm Springs, provides that an
ordinance calling or otherwise relating to an election takes effect upon adoption and
therefore consistent with Section 312 of the Charter of Palm Springs, this Ordinance will
take effect upon adoption without introduction, subject to voter confirmation and
approval.
HH. This Ordinance and the Ordinance measure to be submitted to the voters
is within the scope of the Specific Plan EIR and the Addendum, and none of the
circumstances triggering further environmental review have occurred: (i) there are no
substantial changes in the project requiring major revisions of the Specific Plan EIR and
Addendum due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; (ii) there
are no substantial changes with respect to the circumstances under which the project is
being undertaken which will require major revisions of the Specific Plan EIR and
Addendum due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; and (iii) there is no
new information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the Specific Plan EIR
and Addendum were certified showing that: (a) the project will have one or more
significant effects not discussed in the Specific Plan EIR and Addendum; (b) significant
effects previously examined will be substantially more severe than shown in the Specific
Plan EIR and Addendum; (c) mitigation measures or alternatives previously found not
feasible would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the mitigation measures or alternatives have not
been adopted; or (d) mitigation measures or alternatives considerably different from
those analyzed in the Specific Plan EIR and Addendum would substantially reduce one
Ordinance No. 1842
Page 6
or more significant effects on the environment, but the mitigation measures or
alternatives have not been adopted. No further environmental review is required.
(Public Resources Code § 21166; California Code of Regulations § 15162.)
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Pursuant to the requirements of the Charter of the City of Palm
Springs and the laws of the State Califomia pertaining to the conduct of elections, there
is called and ordered to be held in the City of Palm Springs, California, on Tuesday,
April 22, 2014, a Special Municipal Election for the purpose of submitting the following
resolution and question:
Shall an Ordinance amending the Museum Market Plaza YES
Specific Plan so as to approve a hotel (a Kimpton brand) of
approximately 185 rooms, restaurants, meeting rooms, retail
and ancillary uses, located within Block C of the Museum
Market Plaza Specific Plan at the Northeast corner of West NO
Tahquitz Canyon Way and Belardo Road, be approved?
SECTION 2. The text of the Ordinance amending the Museum Market Plaza
Specific Plan approving the hotel use as provided in Resolution No. 23270 is attached
to this Ordinance as Exhibit "A".
SECTION 3. The ballots to be used at the election shall be in form and content
as required by law.
SECTION 4. 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 5. 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 Califomia Elections Code.
SECTION 6. In all matters not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 7. 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 8. Pursuant to § 315 of Article III of the Charter of the City of Palm
Springs, this ordinance shall go into effect immediately upon adoption.
Ordinance No. 1842
Page 7
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY, 2014.
STEPHEN P. POUGNET, MAYOR
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
Ordinance No. 1842 is a full, true and correct copy, and was duly adopted at a special
meeting of the City Council of the City of Palm Springs on January 17, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
Exhibit "A"
AN ORDINANCE OF THE PEOPLE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AMENDING THE
MUSEUM MARKET PLAZA SPECIFIC PLAN TO ALLOW A
HOTEL USE OF APPROXIMATELY 185 ROOMS AND
RELATED USES SUBJECT TO DESIGN STANDARDS
AND PROPERTY DEVELOPMENT STANDARDS AND
RELATED CONDITIONS AS PROVIDED IN CITY COUNCIL
RESOLUTION NO. 23270, FOR PROPERTY LOCATED AT
THE NORTHEAST CORNER OF WEST TAHQUITZ
CANYON WAY AND BELARDO ROAD, PALM SPRINGS.
The People of the City of Palm Springs hereby ordain as follows:
Section 1. Museum Market Plaza Specific Plan Ordinance Amendment.
A. Ordinance No. 1764, adopting the "Museum Market Plaza Specific Plan,"
is hereby amended to specifically approve, adopt, and include a hotel of approximately
185 rooms, restaurants, meeting rooms, retail and ancillary uses within Block B of the
Museum Market Plaza Specific Plan at property generally located at the Northeast
corner of West Tahquitz Canyon Way and Belardo Road, Palm Springs.
B. The specific elements of this hotel, including design standards, property
development standards, related conditions and requirements thereof, shall be as set
forth in the City Council's Resolution 23270 approving the Preliminary Planned
Development District for such hotel project including all Hotel Entitlements as provided
in Ordinance No. 1842. In the event of any inconsistency between the provisions of the
Museum Market Plaza Specific Plan and Resolution 23270, the provisions of Resolution
23270 shall govern and control.
C. The voters acknowledge, ratify, and adopt all findings and determinations
contained in Ordinance No. 1842 and that said Ordinance 1842 shall govern the
interpretation and application of this Ordinance of the voters.
Section 2. This Ordinance of the People shall become effective upon passage
of a majority vote of the voters casting votes in the election.
978327.1
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 SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
APRIL 22, 2014
WHEREAS, the City of Palm Springs, California, Special Municipal Election will
be held on April 22, 2014; 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.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY, 2014.
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
special meeting of the City Council of the City of Palm Springs on the 17t" day of
January, 2014, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
RESOLUTION NO. 23493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, SETTING PRIORITIES FOR FILING
WRITTEN ARGUMENTS REGARDING A CITY MEASURE AT
THE TUESDAY, APRIL 22, 2014, SPECIAL 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 Tuesday, April 22, 2014, at which there will be submitted to the
voters the following question and measure:
Shall an Ordinance amending the Museum Market YES
Plaza Specific Plan so as to approve a hotel (a
Kimpton brand) of approximately 185 rooms,
restaurants, meeting rooms, retail and ancillary uses,
located within Block C of the Museum Market Plaza
Specific Plan at the Northeast corner of West NO
Tahquitz Canyon Way and Belardo Road, be
approved?
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. 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. 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
A
Resolution No. 23493
Page 2
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,
r
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 Elections Code. The City Clerk shall provide such form upon request.
SECTION 4. 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.
SECTION 5. The City Clerk shall print, or cause to be printed, in the Official
Sample Ballot, the entire text of the arguments for or against the measure, and the
rebuttal arguments, in uniform type, style and spacing.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY,'2014.
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. 23493 is a full, true and correct copy, and was duly adopted at a special
Resolution No. 23493
Page 3
meeting of the City Council of the City of Palm Springs on January 17, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, PROVIDING FOR THE
FILING OF REBUTTAL ARGUMENTS FOR A CITY
MEASURE SUBMITTED AT THE APRIL 22, 2014, SPECIAL
MUNICIPAL ELECTION.
WHEREAS, the City Council of the City of Palm Springs, California called a
Special Municipal Election to be held on Tuesday, April 22, 2014; and
WHEREAS, Section 9220 and Section 9285 of the Elections Code of the State of
California, authorizes the City Council, by majority vote, to adopt provisions to provide
for the filing of rebuttal arguments for City measures submitted at municipal elections.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Sections 9220 and 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, 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 2. Any written 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 3. All previous resolutions providing for the filing of rebuttal arguments
for City measures are repealed.
SECTION 4. The provisions of Section 1 of this Resolution apply only to the
Special Municipal Election to be held on April 22, 2014, and shall then be repealed.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY, 2014.
David H. Ready, City Manager
Resolution No.
Page 2
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 special
meeting of the City Council of the City of Palm Springs on January 17, 2014, 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, ORDERING THE
CANVASS OF THE SPECIAL MUNICIPAL ELECTION TO
BE HELD TUESDAY, APRIL 22, 2014, BE MADE BY THE
CITY CLERK.
WHEREAS, the City Council of the City of Palm Springs, California called a
Special Municipal Election to be held on Tuesday, April 22, 2014; and
WHEREAS, in the course of conducting the election it is the desire of the City
Council that the canvass of the election be made by the City Clerk.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to § 10263 of the California Elections Code, the canvass
of the Special Municipal Election is ordered to be made by the City Clerk. The City
Clerk may designate that the Registrar of Voters of the County of Riverside conduct and
complete the canvass.
SECTION 2. The City Clerk or designee shall cause the canvass to be
completed for the Special Municipal Election and shall certify the results to the City
Council May 20, 2014.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY, 2014.
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 special
meeting of the City Council of the City of Palm Springs on January 17, 2014, 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, AMENDING THE BUDGET
FOR FISCAL YEAR 2013-14 FOR THE SPECIAL MUNICIPAL
ELECTION TO BE HELD TUESDAY, APRIL 22, 2014.
WHEREAS, Resolution No. 23341 approving the Budget for the Fiscal Year
2013-2014 was adopted on May 15, 2013; and
WHEREAS the City Manager has recommended, and the City Council desires to
approve, certain amendments to said budget.
NOW THEREFORE THE CITY COUNCIL DETERMINES, RESOLVES AND
APPROVES AS FOLLOWS:
The Director of Finance is authorized to record inter-fund cash transfers as
required in accordance with this Resolution, and Resolution No. 23341, adopting the
Budget for Fiscal Year 2013-14 is hereby amended as follows:
SECTION 1. ADDITIONS
Fund Activity Account Amount
001 1150 43860 $80,000
General Fund City Clerk Elections
Purpose: To cover cost special election to be held on Tuesday, April 22, 2014.
SECTION 2. SOURCE
Fund I Activity Account I Amount
001 29301 $80,000
General Fund Fund Balance
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY, 2014.
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. 23459 is a full, true and correct copy, and was duly adopted at a special
meeting of the City Council of the City of Palm Springs on January 27, 2014, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262 ���
760-778-4578/Fax 760-778-4731
State Of California ss:
County of Riverside-
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000404075
1 am over the age of 18 years old, a citizen of the United
States and not a parry to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit: No 0122
ORDINANCE NO.1842
Newspaper: .The Desert Sun AN ORDINANCE OF THE CITY OF PALM
SPRINGS CALIFORNIA CALLING AND GIVING
NC IPAL ELECT ON ONNTGUE3 AY APRIL MU
2014,'FOR THE SUBMISSION TO fPE QUALI-
1/24/2014 MUSEUM MARKET PUZA SPECIFIC PLAN TO
SPECIFICALLY INCLUDE A HOTEL OF AP-
PRO%IMATELV 1B5 ROOMg RESTAURANTS,
LARV USES WITFIIN BLOCK CEO AND THE MUSE
UM MARKEF PLAZA SPECIFIC PLAN AT THE
NORTHEAST CORNER OF WEST TAHOUITZ
CANYON WAY AND BELARDO ROAD CONSIS-
CITY OF PALM SPRE RINGS APPROVING AFPFIEE
TRICT R TOP ACCOMNNED MODATES REM OTEL
I acknowledge that I am a principal clerk of the printer of lwMProry BRAND).
The Desert Sun, printed and published weekly in the City BRACity ND). y
of Palm Springs, County of Riverside, State of California. ThieoMalancecallsandgroesnoikeroresp�w
The Desert Sun was adjudicated a newspaper of eneral Munigpal Elechan io be held on dI 22 2014
19 rsuant to the Charter of the Chy of Palm
circulation on March 24, 1988 by the Superior Court of the eum or consideration
Specific of anc amendment o tthe
County of Riverside, State of California Case No. pproreliminapry planned development parm- as
191236, 2 wn fa ri 10 city Council Resolution too
9 approval of a hotel.
CERTIFICATION
I declare under penalty of perjury that the foregoing is true STATE OF CALIFORNIA
and correct. Executed this 24th day of January, 2014 in
CCOUNTY
OF PALM SPRINGS, # �'
I JAMES THOMPSON,Ciy Clerk of the Ci of
Palm Springs, Cali rri �a nrlpat hereby,conemry tmed hat e�was N
�oted attua7�Spedal meeting of the pry IV of
the ttoolC bwingalvin ot Sodnge on Jenuery 17,2014,by
AYES: Councllmember Foot,Counohmember
Lewin, Councllmember Wis. Mayor Pro Tom
Hutcheson,and Mayor Pougnet.
NOES: None.
ABSENT: None. -
Decl rant ignature ABSTAIN: None.
JAMES THOMPSON,CITY CLERK
City of Palm Springs,California
Published:1y24114
The Desert Sun 750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
2014 DEC 15 Pi, 2. 3
J As J T( - F
OTICE OF PUBLIC HEARING
State Of California ss: GITY CLLi;.: CITY.COUNCIL
County of Riverside CITY OF:PALM SPRINGS
CASE 5.1341 ZTA
Advertiser: ICAYION BY THE CITY OF PALM SPRINGS.
ZONING TEXT AMENDMENT TO AMEND'
CITY OF PALM SPRINGS/LEGALS SPRINGS ZONING'CODE(PSZC)91.00.10PO BOX 2743 ITIONS;92.00,92.01,92.02,92.03 R 92.04-
PALM SPRINGS CA 922632 ITTED,ACCESSORY&CONDITIONALLY
DTED USES AND.TO REPLACE 93,23.14-
ORY APARTMENT:HOUSING 1N ITS ENTIRETY
2000502737 HEREBY GIVEN that the City.Council of the:City ofgs,Caidornia,.will hold a public hearing at ds meeting
er 17,'2014.The City Council meeting begins at 6:00
p.m. in the Council Chamber at City Hall;".3200 East Tahquitz
- Canyon Way,Palm Springs, -
The purpose of the hearing.is to consider Case 5.1341�ZTA,an
I am over the age of 18 years old, a citizen of the United application by the City of Peim Springs to amend Palm Springs
Slates and not a party to, or have interest in this matter. I Zoning Code(PSZC)91:00.10-Definitions,92.00,92.01,92,02,
hereby certify that the attached advertisement appeared 92.03, and 92.04--Permitted, Accessory and Conditionally
in said newspaper (set in type not smaller than non pariel) Permitted Uses and to replace 93.23.14-Accessory Apartment
in each and entire issue of said newspaper and not in any Housing in its entirety.
supplement thereof on the following dates,to wit:
ENVIRONMENTAL DETERMINATION: The City of -Palm
Newspaper: .The Desert Sun Springs,In its capacity asthe Lead Agency,under the California
Environmental Quality Act (CEQA) has determined that the
.proposed zoning code text amendment is Categorically Exempt
12/6/2019 under Section 15305(Minor Alterations in Land Use Limitations)
of the Guidelines for the California Environmental Quality
Act since the proposed zone text amendment proposes only
insignificant changes to the land use designation provisions.
REVIEW OF INFORMATION: The staff report and other
supporting documents regarding this matter are avallable for
public review at City Hell between the hours of 8:00 a.m.and
I acknowledge that I am a principal clerk of the printer of 6:00pm.,Monday through Thursday.Please,contact the Office
The Desert Sun, printed and published weekly in the City of the City Clerk at(760)323-8204 if you would like to schedule
of Palm Springs, County of Riverside, State of California an appointment to review these documents..
The Desert Sun was adjudicated a newspaper of general COMMENTS:Response to this notice may:be made verbally at
circulation on March 24, 1988 by the Superior Court of the the Public Hearing and/or in writing before the hearing.:Written
County of Riverside, State of California Case No. Comments may be made to the City Council by letter(for mail or
191236. hand d�livery)to:
James Thompson,City Clerk
3200 E.Tahquitz Canyon Way
I declare under penalty of perjury that the foregoing is true palm Springs CA92262`
and correct. Executed on this 6th day of December, 2014 Any challenge of the proposed project in court may limited to
in Palm Spring alifomi raising only those Issues raised at the public hearing described
in.this notice, or In written correspondence delivered to the
City Clark at,or prior to,the public hearing.:(Government Code
-- Section 650091b1[2n.
An opportunity will be given at said hearing for all interested.
parsons to be heard Questions regarding this case-may
Doc ran' Signature be directed to Flinn Fagg Director of Planning Sarvices,.at-
(700)323-8245.
I
` Si necesita ayuda con esta Carta por,favor Ilame a is Ciudad
da Palm Springs y puede lighter con Felipe Primers talefono
"""SSSS �(76Q)323 8253. •, '
1r ��'
os.xmunxma, James Thompson,City.Clark
CITY OF PALM SPRINGS
NOTIFICATION
City Council
Meeting Date: January 17, 2014
Subject: Ordinance No. 1842
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary was published in the Desert.Sun on
January 24, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
�L�
Kathie Hart, MMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Ordinance Summary were posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office
of the City Clerk on January 24, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, MMC
Chief Deputy City Clerk
P
ORDINANCE NO. 1842
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION ON
TUESDAY, APRIL 22, 2014, FOR THE SUBMISSION TO
THE QUALIFIED VOTERS OF AN AMENDMENT TO THE
MUSEUM MARKET PLAZA SPECIFIC PLAN TO
SPECIFICALLY INCLUDE A HOTEL OF APPROXIMATELY
185 ROOMS, RESTAURANTS, MEETING ROOMS, RETAIL
USES, AND ANCILLARY USES, WITHIN BLOCK C OF THE
MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE
NORTHEAST CORNER OF WEST TAHQUITZ CANYON
WAY AND BELARDO ROAD CONSISTENT WITH
RESOLUTION NO. 23270 OF THE CITY OF PALM
SPRINGS APPROVING A PRELIMINARY PLANNED
DEVELOPMENT DISTRICT TO ACCOMMODATE A HOTEL
(KIMPTON BRAND).
City Attorney Summary
This Ordinance calls and gives notice for a Special Municipal Election to be held on
April 22, 2014, pursuant to the Charter of the City of Palm Springs, for consideration of
an amendment to the Museum Market Specific Plan, consistent with the preliminary
planned development permit as approved pursuant to City Council Resolution No.
23270, for the approval of a hotel.
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
Ordinance No. 1842 is a full, true and correct copy, and was duly adopted at a special
meeting of the City Council of the City of Palm Springs on January 17, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1842
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, CALLING AND GIVING NOTICE OF THE
HOLDING OF A SPECIAL MUNICIPAL ELECTION ON
TUESDAY, APRIL 22, 2014, FOR THE SUBMISSION TO
THE QUALIFIED VOTERS OF AN AMENDMENT TO THE
MUSEUM MARKET PLAZA SPECIFIC PLAN TO
SPECIFICALLY INCLUDE A HOTEL OF APPROXIMATELY
185 ROOMS, RESTAURANTS, MEETING ROOMS, RETAIL
USES, AND ANCILLARY USES, WITHIN BLOCK C OF THE
MUSEUM MARKET PLAZA SPECIFIC PLAN AT THE
NORTHEAST CORNER OF WEST TAHQUITZ CANYON
WAY AND BELARDO ROAD CONSISTENT WITH
RESOLUTION NO. 23270 OF THE CITY OF PALM
SPRINGS APPROVING A PRELIMINARY PLANNED
DEVELOPMENT DISTRICT TO ACCOMMODATE A HOTEL
(KIMPTON BRAND).
City Attorney Summary
This Ordinance calls and gives notice for a Special Municipal
Election to be held on April 22, 2014, pursuant to the Charter of
the City of Palm Springs, for consideration of an amendment to
the Museum Market Specific Plan, consistent with the
preliminary planned development permit as approved pursuant
to City Council Resolution No. 23270, for the approval of a hotel.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
FINDS:
A. The City of Palm Springs, as lead agency, prepared the Museum Market
Plaza Specific Plan EIR (the "Specific Plan EIR"). The Specific Plan EIR analyzed the
potential environmental impacts of the proposed Museum Market Plaza Specific Plan
pursuant to the California Environmental Quality Act, Public Resources Code Sections
21000 et seq. and California Code of Regulations, Title 14, Sections 15000 et seq.
("CEQA"). The Specific Plan EIR concluded that the Museum Market Specific Plan
would have significant and unavoidable effects on the environment.
B. On December 9, 2009, the City Council for the City of Palm Springs made
findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement
of Overriding Considerations, and certified the Specific Plan EIR pursuant to the
provisions of CEQA. On that date, the City Council also adopted the Museum Market
Specific Plan, conditioned on compliance with the mitigation measures in the Specific
Plan EIR/ Mitigation Monitoring and Reporting Program. The redevelopment of the
Desert Fashion Plaza site was specifically contemplated by the Museum Market
Specific Plan and analyzed in the Specific Plan EIR.
C. On September 29, 2011, the City and Palm Springs Promenade, LLC,
entered into a Project Financing Agreement applicable to the financing, development,
redevelopment, creation and refurbishment of public and private improvements in
downtown Palm Springs at the Desert Fashion Plaza site within the Specific Plan area
Ordinance No. 1842
Page 2
which included, among other things, a site plan and project description depicting the
proposed improvements.
D. The City and Palm Springs Promenade, LLC, subsequently developed a
Second Amendment to the Project Financing Agreement which included a revised site
plan and project description (the "Second Amendment').
E. Pursuant to the Second Amendment, the redevelopment of the Desert
Fashion Plaza site will include, among other things: a hotel of approximately 170 rooms
at the northeast corner of Belardo Road and Tahquitz Canyon Way in lieu of a
commercial office building; an "Event Area" west of Belardo in lieu of a movie theater;
and reconstruction of two lots east of North Museum Drive and the Palm Springs Art
Museum, to include new landscaping and related hardscape and other improvements
(collectively the "Modified Project').
F. The City, as lead agency, determined that the Modified Project was within
the scope of the Specific Plan EIR and would not result in any new significant effects, a
substantial increase in the severity of previously identified significant effects, or require
any new mitigation measures or alternatives requiring major revisions in the Specific
Plan EIR. The City, therefore, prepared an Addendum to the Specific Plan EIR (the
"Addendum")(Public Resources Code § 21166; CEQA Guidelines §§ 15162, 15164).
G. On October 17, 2012, the City Council for the City of Palm Springs
approved the Addendum, found that the Modified Project conformed to the Museum
Market Specific Plan, and approved the Second Amendment.
H. On December 19, 2012, the City Council approved a Third Amendment to
the Project Financing Agreement which included further minor revisions to the Modified
Project including, among other things: a minor reconfiguration of Main Street such that
Main Street is no longer curved between North Museum Drive and Belardo Road, but
rather is straight between North Museum Drive and Belardo Road, an increase in the
total number of hotel rooms from 170 rooms to 185 rooms (some of which will now be
located in Block c-1), the further set back of the second story of the Block b building,
and the following changes in uses listed on the Site Plan: Block A - the addition of police
substation; Block B, b, and b-1 - the addition of hotel, police substation and public
restrooms; Block C, c, and c-1 - the removal of public restrooms (the 'Third
Amendment'). The hotel was identified as a Kimpton Brand Hotel.
I. On December 19, 2012, the City Council also approved the following
entitlements for the project: Tentative Tract Map No. 36446 to subdivide 13.6 acres into
fourteen lots for development and four lots for public infrastructure (streets) located at
the northwest corner of Palm Canyon Drive and Tahquitz Canyon Way; Major
Architectural Approval Case No. 3.3605 for development of lands located at the
northwest corner of North Palm Canyon and Andreas Road (new): Block "A"; Major
Architectural Approval Case No. 3.3606 for development of lands located at the
northwest corner of North Palm Canyon and "New Main Street': Block "B"; Major
Architectural Approval Case No. 3.3607 for development of lands located along the
westerly frontage of North Palm Canyon Drive, south of "New Main Street': Block "C";
Ordinance No. 1842
Page 3
and Planned Development District Case No. 5.1290 / PDD 361 for development of a
hotel of approximately 185 rooms, restaurants, meeting rooms, retail uses and ancillary
uses in excess of 60 feet in height located at the northeast corner of West Tahquitz
Canyon Way and Belardo Road (new): Block "c-1" (collectively, the "Entitlements").
J. On December 19, 2012, the City found that the Third Amendment and the
Entitlements were within the scope of the Specific Plan EIR and the Addendum, and
none of the circumstances triggering further environmental review had occurred.
(Public Resources Code § 21166; California Code of Regulations § 15162.)
K. On December 26, 2012, the City filed a Notice of Determination stating
that the Third Amendment and the Entitlements were within the scope of the Specific
Plan EIR and the Addendum.
L. It is the City's position that the Museum Market Plaza Specific Plan and
the project as modified on December 19, 2012 are consistent.
M. On January 22, 2013, Frank Tysen, a qualified registered voter of the City
of Palm Springs filed a petition for the Referendum of Resolution No. 23270, pursuant to
California Elections Code § 9237.
N. The City Clerk examined or caused the examination of registration and
declared the filed referendum petition as sufficient and executed a Certificate of
Sufficiency.
O. On March 6, 2013, the City Council, pursuant to California Elections Code
§ 9237 reconsidered Resolution No. 23270.
P. On March 6, 2013, the City Council determined that Resolution
No. 23270 was an administrative action and not a legislative action of the City Council
and therefore was not subject to the referendum and the City Council declined to place
the matter on the ballot.
Q. On May 31, 2013, Frank Tysen and the Advocates for Better Community
Development, filed a Summons for Petition for Peremptory Writ of Mandate and
Complaint for Declaratory and Injunctive Relief, Riverside Superior Court, Indio Division,
Case No. INC 1303538, challenging the decision of the Council to decline to place
Resolution No. 23270 on the ballot. The City opposed the petition and writ.
R. A hearing on the writ and complaint was held on October 15, 2013. On
December 10, 2013, the Superior Court, in a clear,' succinct, direct, and reasoned
decision, denied the Petition for Peremptory Writ of Mandate, upheld the action of the
City Council to decline to place that matter on the ballot, and expressly found that the
"City's adoption of Resolution No. 23270 was consistent with zoning under both the
Municipal Code and the [Museum Market Plaza Specific Plan]. Moreover, such
approval is not a legislative act because that approval affected an individual application
and was determined by facts peculiar to the case."
Ordinance No. 1842
Page 4
S. Notwithstanding this decision of the Superior Court, on January 13, 2013,
the City received notice that an appeal of the Superior Court's decision was filed on
behalf of Frank Tysen and the Advocates for Better Community Development.
T. The City Council is concerned that completion of the appeal process is
likely to take 12 to 18 months to complete and that this period of time will significantly
delay the project and potentially impair the ability of the project developer to complete
the project in the timely manner required under the agreements between the developer
and the City. The City Council further finds that delays caused by litigation will
jeopardize the ability and willingness of potential tenants to commit to the project and
thereby potentially jeopardize the ability of the developer to complete the project.
U. The City Council opposes the use of meritless litigation as a delaying
tactic to frustrate the ability of the City Council to implement adopted city policy and
programs, that stalls and delays downtown revitalization, and economically damages
the interests of developers, businesses, hoteliers, retail shop owners, and others who
desire the opportunity to locate in the City and develop and use their property in a
manner consistent with the City's adopted plans and policies.
V. The project as modified on December 19, 2012 has been the subject of
several lawsuits, with the petitioners in each case attempting to overturn the approval of
the Entitlements.
W. The City Council finds that the PDD 361 and Major Architectural Approval
Case No. 3.3607 (collectively the "Hotel Entitlements') are the portion of the
Entitlements related specifically to the development of a hotel on Block C.
X. The City Council finds that the Hotel proposed for Block C is a critical
element of the Museum Market Plaza's success, and would be a major contributor of
much needed transient occupancy taxes and an anchor for the overall development.
Y. The City Council reaffirms its March 6, 2013 determination that Resolution
No. 23270 is not a legislative act, and specifically finds and reasserts its contention the
City will prevail in any appeal of the Superior Court's decision finding that the City
Council's decision was not a legislative act subject to the referendum.
Z. Notwithstanding the above, the City Council wishes to avoid the delays to
the project, end the uncertainty related to the Hotel Entitlements brought on by the
pending lawsuits, and minimize the adverse effects that will occur as a result of the
meritless appeal of the Superior Court filed Frank Tysen and the Advocates for Better
Community Development. The City Council specifically finds that it is appropriate to
submit the issue to the voters for the purpose of avoiding delays and to staunch the
financial bleeding that will occur if the developer is unable to proceed with the
completion of the project due to the shroud of uncertainty that would engulf the project
while the appeal process is fully adjudicated.
AA. The City Council desires to submit the Preliminary Planned Development
District and its uses and property development standards thereof, including without
Ordinance No. 1842
Page 5
limitations the height, setbacks, and lot coverage to the voters as an amendment to the
Museum Market Plaza Specific Plan and to secure voter authorization of the hotel
project and to clarify that the Hotel Entitlements as approved on December 19, 2012
and the Museum Market Plaza Specific Plan are consistent.
BB. The City Council finds that this Ordinance amends the Museum Market
Plaza Specific Plan to conform to the Hotel Entitlements as approved on December 19.
2012.
CC. The City finds that the Ordinance is within the scope of the Specific Plan
EIR and the Addendum and that therefore no further CEQA review is required.
DD. Section 801 of the Charter of the City of Palm Springs, provides for the
City Council to conduct Special Municipal Elections.
EE. Section 802 of the Charter of the City of Palm Springs, provides the City
Council may by ordinance enact procedures for the conduct of municipal elections.
FF. Section 5(b) of Article XI of the California Constitution allows Charter
Cities to provide for the conduct of city elections and recognizes regulations for the
conduct of local elections is a matter of local concern.
GG. Section 315 of the Charter of the City of Palm Springs, provides that an
ordinance calling or otherwise relating to an election takes effect upon adoption and
therefore consistent with Section 312 of the Charter of Palm Springs, this Ordinance will
take effect upon adoption without introduction, subject to voter confirmation and
approval.
HH. This Ordinance and the Ordinance measure to be submitted to the voters
is within the scope of the Specific Plan EIR and the Addendum, and none of the
circumstances triggering further environmental review have occurred: (i) there are no
substantial changes in the project requiring major revisions of the Specific Plan EIR and
Addendum due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; (ii) there
are no substantial changes with respect to the circumstances under which the project is
being undertaken which will require major revisions of the Specific Plan EIR and
Addendum due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified effects; and (iii) there is no
new information of substantial importance, which was not known and could not have
been known with the exercise of reasonable diligence at the time the Specific Plan EIR
and Addendum were certified showing that: (a) the project will have one or more
significant effects not discussed in the Specific Plan EIR and Addendum; (b) significant
effects previously examined will be substantially more severe than shown in the Specific
Plan EIR and Addendum; (c) mitigation measures or alternatives previously found not
feasible would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the mitigation measures or alternatives have not
been adopted; or (d) mitigation measures or alternatives considerably different from
those analyzed in the Specific Plan EIR and Addendum would substantially reduce one
Ordinance No. 1842
Page 6
or more significant effects on the environment, but the mitigation measures or
alternatives have not been adopted. No further environmental review is required.
(Public Resources Code § 21166; California Code of Regulations § 15162.)
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Pursuant to the requirements of the Charter of the City of Palm
Springs and the laws of the State California pertaining to the conduct of elections, there
is called and ordered to be held in the City of Palm Springs, California, on Tuesday,
April 22, 2014, a Special Municipal Election for the purpose of submitting the following
resolution and question:
Shall an Ordinance amending the Museum Market Plaza YES
Specific Plan so as to approve a hotel (a Kimpton brand) of
approximately 185 rooms, restaurants, meeting rooms, retail
and ancillary uses, located within Block C of the Museum
Market Plaza Specific Plan at the Northeast corner of West NO
Tahquitz Canyon Way and Belardo Road, be approved?
SECTION 2. The text of the Ordinance amending the Museum Market Plaza
Specific Plan approving the hotel use as provided in Resolution No. 23270 is attached
to this Ordinance as Exhibit "A".
SECTION 2A. In the event the Ordinance of the People (Exhibit A) is not
adopted, Resolution No. 23270 is void and no longer in effect.
SECTION 3. The ballots to be used at the election shall be in form and content
as required by law.
SECTION 4. 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 5. 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 6. In all matters not recited in this resolution, the election shall be held
and conducted as provided by law for holding municipal elections.
SECTION 7. 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.
Ordinance No. 1842
Page 7
SECTION 8. Pursuant to § 315 of Article III of the Charter of the City of Palm
Springs, this ordinance shall go into effect immediately upon adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF JANUARY, 2014.
STEPHEN P. POUGNET, MAYOR
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
Ordinance No. 1842 is a'full, true and correct copy, and was duly adopted at a special
meeting of the City Council of the City of Palm Springs on January 17, 2014, by the
following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor
Pro Tem Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
Exhibit A of Ordinance No. 1842
RESOLUTION NO . 23270
IS ON FILE IN THE
OFFICE OF THE CITY CLERK
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
Wi1t0- �u
State Of California ss: L
County of Riverside U-I f
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000404075
1 am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non parcel)
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
- j
Newspaper: .The Desert Sun Sun ORDINANCE NO.1842
AN ORDINANCE OF THE CITY OF PALM
SPRINGS CALIFORNIA;CALLING AND GIVING
1/24/2014 NOTICE dF THE HOLDING OF A SPECIAL MU-
NICIPAL ELECTION ON TUESDAY, APRIL 22,
2014, FOR THE SUBMISSION TO THE UAL]-
RED VOTERS OF AN AMENDMENT TO THE
MUSEUM MARKET PLAZA SPECIFIC PLANTO
SPECIFICALLY INCLUDE A.HOTEL OF AP-
PROXIMATELY 105 ROOMS RESTAURANTS,
MEETING ROOMS RETAIL USES,AND ANCIL-
LARY USES,WITFfIN BLOCK C OF THE MUSE-
UM MARKET PLAZA SPECIFIC PLAN AT THE
NORTHEAST CORNER OF WEST TAHOUITZ
CANYON WAY AND BELARDO ROAD CONSIS- I
I acknowledge that I am a principal clerk of the TENT WITH RESOLUTION NO.23270 OF THE
g p p printer of CITY OF PALM SPRINGS APPROVING A PRE-
The Desert Sun, printed and published weekly in the City TRICT R TOPLANNED ACCOMMODATE DEVELOPMENT A HOTEL
of Palm Springs, County of Riverside, Slate of California. SKIMPTON.sRAND)
The Desert Sun was adjudicated a newspaper of general cityAttcmey Summary
circulation on March 24, 1988b the Superior Court of the Thisordinance calls end ryes notice for a special
Y P Municipal Election to be neltl'on Apnl 22 2014,
County of Riverside, State of California Case No. pursuant to athe<Chartet of rhoC4 @ Palm
FFnngsfor consideration of an amendment to the
191236. MuseumMarket Specific Plan,:consistent with the
preliminary planned Ceveloprrrent perm, as i -
oproved pursuant to City Council Reso10tlon No:
23270'for the approval of a hotel
I declare under penalty of perjury that the foregoing is true CERTIRann0N
and Correct. Executed o this 24th day of January, 2014in STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ) as.
CITY OF PALM SPRINGS
Palm Springs,Cal rota. CITY
ts of
alm 8prinyps he ebyy certify hat Ordlt�ceMNo.
1842 Is a Suit true and correct Copy,and Was duly
adopted at a ypectal meeting of the Ciiltyy Council of
The Cily a Palm Springs on January 17 2014;by
the following vote --
AYES Councilmember:Foat Councilnimmber
LevAo,'Councilmember Mills, MayorPro Tem
Hutc son,and Mayor Pougnet
D aran ' Signatur I NOEp None
ABSENT None
ABSTAIN: None
JAMES THOMPSON,CITY CLERK
City of Palm Springs Callomia
t Published:12M14
CITY OF PALM SPRINGS
NOTICE OF ELECTION
NOTICE IS HEREBY GIVEN, that a Special Municipal Election is to be held in
the City of Palm Springs on Tuesday, April 22, 2014, at which there will be submitted to
the voters the following measure.
Shall an Ordinance amending the Museum Market Plaza Specific YES
Plan so as to approve a hotel (a Kimpton brand) of approximately
185 rooms, restaurants, meeting rooms, retail and ancillary uses,
located within Block C of the Museum Market Plaza Specific Plan
at the Northeast corner of West Tahquitz Canyon Way and Belardo NO
Road, be approved?
Arguments for or against the measure may be filed with the City Clerk, City Hall,
3200 East Tahquitz Canyon Way, no later than January 31, 2014, during posted
business hours. Rebuttal Arguments, as submitted by the authors of opposing direct
arguments, may be filed with the City Clerk, no later than February 10, 2014, during
posted business hours. Arguments and Rebuttal Arguments must be submitted with a
Statement by Proponents/Authors of Arguments form, pursuant to Elections Code
Section 9600.
The polls will be open on the day of said election between the hours of 7:00 a.m.
and 8:00 p.m.
DATED THIS 22"d DAY OF JANUARY, 2014.
�'//MES THOMPSON, CITY CLERK
City of Palm Springs, California
CITY OF PALM SPRINGS
NOTICE OF MEASURE AND THE DATE AFTER WHICH NO ARGUMENTS
FOR OR AGAINST A CITY MEASURE MAY BE SUBMITTED
NOTICE IS HEREBY GIVEN, that the Special Municipal Election will be held in
the City of Palm Springs, California, on Tuesday, April 22, 2014, at which there will be
submitted to the voters the following measure:
Shall an ordinance amending the Museum Market Plaza
Specific Plan so as to approve a hotel (a Kimpton brand) of YES
approximately 185 rooms, restaurants, meeting rooms, retail
and ancillary uses, located within Block C of the Museum
Market Plaza Specific Plan at the Northeast corner of West NO
Tahquitz Canyon Way and Belardo Road, be approved?
NOTICE IS FURTHER GIVEN, that pursuant to Article 4, Chapter 3, Division 9 of
the Elections Code of the State of California, the legislative body of the City, or any
member or members thereof authorized by the body, or any individual voter or bona fide
association of citizens, or any combination of voters and associations, may file a written
argument, not to exceed 300 words in length, accompanied by the printed name(s) and
signatures(s) of the author(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 who is the author of the arguments, for or against the City measure.
NOTICE IS FURTHER GIVEN, that based upon the time reasonably necessary
to prepare and print the arguments and sample ballots for the election, the City Clerk
has fixed January 31, 2014, during normal business hours, as posted, as the date after
which no arguments for or against the City measure may be submitted to the City Clerk
for printing and distribution to the voters as provided in Article 4. Arguments shall be
submitted to the City Clerk, accompanied by the printed name(s) and signature(s) of the
author(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
who is the author of the argument, at Palm Springs City Hall, 3200 East Tahquitz
Canyon Way, Palm Springs, California. Arguments may be changed or withdrawn until
and including the date fixed by the City Clerk.
NOTICE IS FURTHER GIVEN, that the City Council has determined that rebuttal
arguments, not to exceed 250 words in length, as submitted by the authors opposing
direct arguments, may be filed with the City Clerk, accompanied by the printed name(s)
and signature(s) of the author(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 who is the author of the argument, no more than
10-days after the final date for filing direct arguments, no later than February 10, 2014,
during posted business hours, at Palm Springs City Hall, 3200 East Tahquitz Canyon
Way, Palm Springs, California.
NOTICE IS FURTHER GIVEN, that any ordinance, impartial analysis, or direct
argument filed under the authority of the Elections Code will be available for public
examination in the City Clerk's office for not less than 10-calendar days from the
deadline for the filing of the arguments and analysis. Any rebuttal argument filed under
the authority of the Election Code will be available for public examination in the City
Clerk's office for not less than 10-calendar days from the deadline for filing rebuttal
arguments.
Arguments and Rebuttal Arguments must be submitted with a Statement by
Proponents/Authors of Arguments form, pursuant to Elections Code Section 9600.
DATED THIS 22"d DAY OF JANUARY, 2014.
ES THOMPSON, CITY CLERK
ity of Palm Springs, California
CIUDAD DE PALM SPRINGS
"ISO DE ELECCION
POR LA PRESENTE SE DA "ISO de lievar a cabo una Eleccion Municipal
Especial en la Cuidad de Palm Springs, el martes, 22 de abril, 2014, en la cual se
presentara la siguiente medida a los votantes:
6Debera aprobarse una ordenanza que enmiende el Plan SI
Especifico de Museum Market Plaza con el fin de aprobar un hotel
(una marca Kimpton) de aproximadamente 185 habitaciones,
restaurantes, salas de reuniones, usos de comercio minorista y
auxiliares, ubicado dentro de la cuadra C del Plan Especifico de
Museum Market Plaza en la esquina Noreste de West Tahquitz NO
Canyon Way y Belardo Road?
Los argumentos a favor o en contra de la medida pueden ser presentados al
Secretario Municipal, Palacio Municipal (City Hall), 3200 East Tahquitz Canyon Way,
hasta el 31 de enero de 2014, en el horario de oficina publicado. Los argumentos de
refutacion presentados por los autores que se oponen a los argumentos directos se
pueden presentar al Secretario Municipal hasta el 10 de febrero de 2014, en el horario
de oficina publicado. Los argumentos y los argumentos de refutacion deben ser
presentados en un formulario de Declaraciones de proponentes/autores de argumentos
conforme a la Seccion 9600 del Codigo Electoral.
Las casillas electorales estaran abiertas el dia de dicha eleccion entre las horas
de 7:00 a.m. y 8:00 p.m.
FECHADO ESTE DIA 22 DE ENERO DE 2014.
ES THOMPSON, SECRETARIO MUNICIPAL
Ciudad de Palm Springs, California
CIUDAD DE PALM SPRINGS
NOTIFICACION A LOS VOTANTES SOBRE LA FECHA DESPUES
DE LA CUAL NO SE PODRA PRESENTAR A LA SECRETARIA MUNICIPAL NINGUN
ARGUMENTO A FAVOR O EN CONTRA DE UNA MEDIDA MUNCIPAL
SE NOTIFICA que el Martes de 22 de abril, 2014, se Ilevara a cabo una Elecci6n
Municipal Especial en la Ciudad de Palm Springs, en la cual se les presentara la siguiente
medida a los votantes:
�Debera aprobarse una ordenanza que enmiende el Plan
Especifico de Museum Market Plaza con el fin de aprobar un Sf
hotel (una marca Kimpton) de aproximadamente 185
habitaciones, restaurantes, salas de reuniones, usos de
comercio minorista y auxiliares, ubicado dentro de la cuadra C
del Plan Especifico de Museum Market Plaza en la esquina NO
Noreste de West Tahquitz Canyon Way y Belardo Road?
ADEMAS SE NOTIFICA que en conformidad con el Articulo 4, Capitulo 3, Division 9
del C6digo Electoral del Estado de California, el cuerpo legislativo de la Ciudad, o cualquier
miembro o miembros del mismo autorizados por el cuerpo, o todo votante individual o
asociaci6n genuina de ciudadanos, o toda combinaci6n de votantes y asociaciones, pueden
presentar un argumento escrito a favor o en contra de la medida municipal, el cual no puede
exceder las 300 palabras, acompanado por el nombre o nombres impresos, y firma(s) de el(los)
autor(es) que to presenten, o si es presentado en el nombre de una organizaci6n, el nombre de
la organizaci6n, y el nombre impreso y la firma de por to menos uno de sus funcionarios
principales, quien es el autor del argumento.
ADEMAS SE NOTIFICA que, basada en el tiempo razonablemente necesario para
preparar a imprimir los argumentos y boletas electorales de muestra para la elecci6n, la
Secretario(a) Municipal ha fijado el 31 de enero de 2014, durante el, horario normal de trabajo,
segun ha sido anunciado, como la fecha despues de la cual no se podra presentar a la
secretario(a) municipal ningun argumento a favor o en contra de la medida municipal para su
impresi6n y distribuci6n a los votantes segun to dispuesto en el Articulo 4. Los argumentos
deberan ser presentados a la Secretario(a) Municipal, acompanados por el nombre o nombres
impresos y firma(s) de el(los) autor(es) que los presenten, o si son presentados en el nombre
de una organizaci6n, el nombre de la organizaci6n, y el nombre impreso y la firma de por to
menos uno de sus funcionarios principales, quien es el autor del argumento, en el
Ayuntamiento en 10 de febrero de 2014, California. Los argumentos puenden ser cambiados o
retirados hasta a incluyendo la fecha fijada por la Secretaria Municipal.
ADEMAS SE NOTIFICA que el concejo municipal ha determinado que los argumentos
de refutaci6n, no debe tener mas de 250 palabras, segun han sido presentados por los
autores de los argumentos directos de oposici6n, pueden ser presentados a la secretaria,
acompanados por el nombre o nombres impresos y firma(s) de el(los) autor(es) que los
presenten, o si son presentados en el nombre de una organizaci6n, el nombre de la
organizaci6n, y el nombre impreso y la firma de por to menos uno de sus funcionarios
principales, quien es el autor del argumento, no mas de 10 dias despues de la fecha limite para
presentar los argumentos directos.
ADEMAS SE NOTIFICA que toda,ordenanza, analisis imparcial, o argumento directo
que sea presentado bajo la autoridad del codigo electoral estara a disposicion del publico para
que to examine en la oficina de la secretario(a) por un periodo que no podra ser menor a los 10
dias calendario de la fecha limite para la presentacibn de los argumentos y analisis. Cualquier
argumento de refutacion que sea presentado bajo la autoridad del codigo electoral estara a
disposicion del publico para que to examine en la oficina de la secretario(a) por un periodo que
no podra ser menor a los 10 dias calendario de la fecha limite para la presentacion de los
argumentos de refutacion.
Los argumentos y los argumentos de refutacion deben ser presentados en un formulario
de Declaraciones de proponentes/autores de argumentos conforme a la Seccion 9600 del
Codigo Electoral.
FECHADO ESTE DIA 22 DE ENERO DE 2014.
MES THOMPSON, SECRETARIO MUNICIPAL
Ciudad de Palm Springs, California
CITY OF PALM SPRINGS
NOTIFICATION
,Q,fPLMd
P
�oe.ro ''
,t!!O[ML
CITY CLERK'S DEPARTMENT
James Thompson, City Clerk
Date: January 22, 2014
Subject: April 22, 2014
Special Municipal Election
AFFIDAVIT OF POSTING
I, Terri L. Milton, Executive Administrative Assistant to Chief of Staff and City Clerk, of the
City of Palm Springs, California, do hereby certify that a copy of the attached Notice of
Office Opened was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior
legal notice posting board, front door to City Hall, and in the Office of the City Clerk on
January 22, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Terri L. Milton
Executive Administrative Assistant
CITY OF PALM SPRINGS
NOTICE OF BUSINESS HOURS
FRIDAY, JANUARY 31, 2014
NOTICE IS HEREBY GIVEN, that the Palm Springs City
Clerk's office, in the City of Palm Springs, California, will be
OPEN on FRIDAY, JANUARY 31, 2014, from 8:00 a.m. to
6:00 p.m.
DATED THIS 22ND DAY OF JANUARY, 2014.
THOMPSON, CITY CLERK
0,.,MES
y of Palm Springs, California