HomeMy WebLinkAbout12/8/2004 - STAFF REPORTS (4) DATE: December 08, 2004
TO: David H. Ready
FROM: Jan Truscott �
SUBJECT: Mountain Preservation Initiative Costs
Here is what I was able to find out:
Jason Tundermann Consulting Services - $24,000
GIS Support Services - $5,140
General Plan Policy Analysis & Evaluation - $3,623
Planning Staff Work - $5,420
County Registrar's approximate cost for election - $85,000 ti
Legal Fees - I'
CONTRACTS ISSUED BY DEPARTMENT � a
July 1 to December 1, 20041
DEPARTMENT VENDOR CONTRACT EXPENDITURES SERVICE
AMOUNT YTD
Planning Services Willdan $24,990 $21,200 Temporary Planning Services
Planning Services Planning Center $5,000* $5,000 Peer Review of Initial Study(Boulders)
Planning Services Planning Center $6,000* $6,000 Peer Review of Initial Study(Crescendo)
Strategic Planning Dudek & Associates $10,000 $5,140 GIS Support Services
Strategic Planning PZL, Inc. $20,000 $3,623** Planning Services— General Plan Policy
Analysis and Evaluation of Hillside
Initiative
NOTES:
* Cost of consultant reimbursed by developer.
** Work complete. Contract closed.
�QF Fj6`M City of Palm Springs
Strategic Planning Deprtment
'• 3200 East Tahquitz Canyon Way
c4LI FOIL Palm Springs, CA 92262
Telephone: 760-323-8270 — Fax: 760-322-8360
E-mail: DougE@ci.palm-springs.ca.us
MEMORANDUM
Date: December 7, 2004
To: David Ready, City Manager
From: Douglas R. Evans, Director of Strategic Planning
SUBJECT: MOUNTAIN PRESERVATION INITIATIVE COSTS
The following costs are estimates for preparation of the staff report and other documents for the
Mountain Preservation Initiative. Staff costs are estimates since we do not keep detailed records.
Dudek's GIS work has dual benefits since the General Plana data gathering will be used for
preparation of the electronic General Plan map. Costs are as follows:
GIS Contract/ Dudek $ 5,140.00
General Plan Analysis/ PZL, Inc. $ 3,623.00
Staff Work $ 5,420.00
Total $14,183.00
DREA nn
Mountain Preservation Initiative Cost Est 12 04
DRE drn
Honorable Mayor and Members of
the City Council
October 29, 2004
Page 8 .
enacted by the Council (which is the subject of the referendum).is "stayed" until an election is
held and "a majority of the voters voting on the ordinance vote in favor of it." (Elections Code
§9241.) If the voters reject the ordinance at the referendum election, the City is prohibited from
adopting the same law for at least one year after the date of the election. (Id.)
Therefore, in the case of the Palm Hills referendum, the City Council may not put the
question to the voters at any election to be held in 88 days or less. The Council must put the
matter to the vote of the people at the City's next regular election (in the case of Palm Springs,
that is until November 2005) or it can be put to a vote of the people at a special election to be
held sooner than November 2005.
III. COST TO HOLD ELECTION
Although the City of Palm Springs may conduct its own elections, the City historically
contracts with the Riverside County Registrar of Voters for election services. In exchange for
providing the election services, the City pays a fee that is roughly proportional to the City's share
of the costs associated with conducting that election. When there are many jurisdictions having
elections at the same time, the cost is less than if the City of Palm Springs wishes to conduct a
stand along election.
According to the City Clerk's Office, the cost to consolidate a special election in Palm
Springs on November 2, 2005, would be approximately$10,000 more than what the regular
election will otherwise cost(approximately$65,000-$75,000). This is relatively low because the
City would share costs with school districts and other jurisdictions having elections on the s
day. r e cost to hold a s ecial on March 8, 2005, the state's next Leguh. ,WG4oa dat would be
approximately$85 000. This is the same cost to the City if it were to call a special election date
on any other day between March Wh and November 2nd next year.
III. CONCLUSION
State law permits the City to wait 180-days from its last special election before holding
another special election. Since the City will hold a special election on November 2, 2004, to
consider the Section 14 referendum and a utility users tax increase, it may put off holding
another special election to vote on any initiative for at least 180 days (i.e., until after May 2,
2005). After the expiration of the 180-day period, the City must present the measures to the
voters as soon as "practicable."
It is not clear whether the City may wait until November 2005 to hold an election on
other initiatives that qualify for special elections. Arguable, the election should be within weeks
of the expiration of the 180-day period.
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City of Palm Springs
Office of the City Manager
d
q prn,y 3200 Tahgiiltz Canyon Way•Palm Springs,Gallfornia 92262
TEL: (760) 323-8201 •FAX: (760)323-8207 •TDD: (760) 864-9527
'�IIFpR'��P
October 8, 2004
Jason Tundermann, Associate
Economic & Planning Systems
2501 9th Street, Suite 200
Berkeley, CA 94710-2515
RE: Letter Agreement to Provide Consulting Services Related to the Proposed Hillside
Initiative
Dear Mr. Tundermann:
If is the intent of this correspondence to establish by letter agreement (hereinafter "Letter
Agreement") a contractual relationship, between your firm (hereinafter "Consultant") and the
City of Palm Springs (hereinafter "City"), to perform a fiscal impact analysis of the proposed
Hillside Initiative consistent with the provisions of California Election Code Section 9212
(hereinafter "Project"). All services rendered under this Agreement shall be performed in
accordance with your proposal, dated October 8, 2004, and attached hereto as Exhibit "A".
This Agreement is intended to require a complete and finished Project, and anything
necessary to complete the Project properly and in accordance with the law and lawful
governmental regulations shall be performed by the Consultant whether set out specifically
in the contract or not. Should it be ascertained that any inconsistency exists between the
—aforesaid-locument-s-and-his--written -agreement, the provisions of-this-written-agreement----
shall control.
City acknowledges that Consultant has proposed a fixed price of Twenty Four Thousand
Dollars ($24,000) for completing the Project described in Exhibit "A". In no event should
Consultant's billings exceed the fixed price without prior written authorization by the City.
City shall make payment to Consultant within thirty (30) days after approval by City of an
itemized invoice prepared and furnished by Consultant. All invoices submitted for payment
shall include a detailed accounting of the services rendered and include a summary of the
tasks performed and the total time spent on each task.
The City and Consultant both acknowledge their respective duties and responsibilities. As a
condition to this agreement, Consultant agrees to maintain at all times throughout the entire
term of this Letter Agreement the following policies of insurance:
a) General Liabilitv Insurance. For all operations of the Consultant or any sub-
contractor in performing the work provided for herein, the Consultant shall obtain
and maintain in full force and effect throughout the entire term of this Agreement,
a broad form comprehensive general liability (occurrence) policy within a
minimum limit of One Million Dollars ($1,000,000) aggregate and One Million
Dollars ($1,000,000) per occurrence for bodily injury and property damage. The
DATE: December 8, 2004
• TO: City Council
FROM: Acting City Clerk
i
DESIGNATION OF AUTHORS FOR ARGUMENT
AMEND BALLOT LANGUAGE— HILLSIDE (MOUNTAIN REGION) INITIATIVE
RESTATING ALL BALLOT MEASURES
SPECIAL MUNICIPAL ELECTION— MARCH 8, 2005
RECOMMENDATION:
I
Recommendation: That the Council consider and designate authors for the ballot
argument for the Bond Ballot Measure, amend the Hillside (Mountain Region) ballot
language, and adopt a resolution restating all ballot measures.
BACKGROUND:
If the City Council adopted Ordinance 1665, it is requested the City Council consider a
companion resolution designating the authors for submitting an argument supporting the
bond measure.
The Registrar of Voters Office has requested placing all ballot measures on one resolution
calling the election; therefore, the City Attorney's Office has prepared a resolution restating
all the ballot measures for adoption.
® Additionally, the proponents of the Mountain Region Initiative have requested changing the
ballot language, and the City Attorney's analysis is attached as Exhibit A to this staff
report. If it is the Council's desire to change, amend, or revise the ballot language it may
be done, when the restated resolution is adopted, rather than adopt it as presented.
athie Hart David H. Ready
Acting City Clerk City Manager
•
e . ALESIIIRE &
WYI-WERy LLP
ATTORNEYS AT LAW
www.awumtn eys.com
INTER-OFFICE MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID J.ALEsHIRE,CITY ATTORNEY
DOUGLAS P.HAUBERT,DEPUTY CITY ATTORNEY
CC.: DAVID READY,CITY MANAGER
TROY BUTZLAFF,ASSISTANT CITY MANAGER
KATHIE HART,ACTING CITY CLERK
DATE: DEcENoER 3,2004
FILE: 01003-0001
RE: BALLOT QUESTION WORDING(MOUNTAIN INITIATIVE)
I. INTRODUCTION& SUMMARY OF CONCLUSIONS
A. At the City Council meeting on November 10, 2004, the Council approved a
resolution to place the Mountain Region Initiative on the March 2005 ballot. That resolution
provided that the ballot question(i.e.,what will be printed in the official ballot mailed to voters)
shall read as follows:
"Shall the General Plan of the City of Palm Springs be amended to establish a
new MR (Mountain Region) designation for approximately 55.5 square miles of
property in and proximate to the San Jacinto and Santa Rosa Mountains, and
repeal the various land use regulations currently affecting this property?"
B. The proponents of the initiative have objected to the way this ballot question is
worded. They have submitted their own wording, which is discussed in this memorandum. We
also propose different versions of the same ballot question, in the event the Council wishes to
revisit the wording of the ballot question. These alternatives are attached as Exhibit A. We
communicated these alternatives to the proponents in a letter dated November 22, and through
their attorney, by a letter dated November 29, 2004 (see Exhibit B) they continue to insist on
their proposed wording and reject the adopted or alternative wording.
C. A court will not interfere with the Council's wording of the ballot question unless
the Court finds that the manner of wording the question amounts to "advocacy" for (or against)
any particular side of the measure, or contains statements which are false or misleading. In our
opinion, since the versions of the measure described in this memorandum only vary based on
how much detail is given to voters, and does not contain misleading statements or statements (�
01003/0001/36132.01
I
Hon. Mayor and Members of the City Council • j
November 24,2604
Page 2
designed to advocate passage or defeat of the measure, any of these versions is likely to be
upheld by the courts, if challenged.
II. LEGAL DISCUSSION j
A. Proponents'Request for Ballot Question Change.
At the November 10, 2004, Council meeting, proponents of the initiative objected to the
wording of the ballot question. Specifically, the proponents did not like the question's mention
i
that the Mountain Region (MR) designation would apply to a 55.5 square mile area. City
Attorney Dave Aleshire offered to meet with the proponents of the measure after they consulted
with legal counsel and bring requested changes back to the City Council for consideration.
At the meeting with the City Attorney, the proponents gave the City Attorney a version
they wanted to be placed on the ballot. If the Council chooses to leave the question as it is
currently worded, the proponents state that they may institute a legal action seeking a court to
change the wording.
According to the initiative proponents, their challenge would be on the basis that the
ballot question refers to an"approximately 55.5 square mile"area,but that this calculation is not
expressly stated anywhere in the measure. (This calculation was determined by City staff.)
Also,they believe that by noting the size of the area affected, the City was attempting to create a
subtle bias against the measure.
Subsequently, the City Attorney sent the proponents a copy of the various alternative
wordings of the ballot measures. (See Exhibit A attached).
B. Legal Standard to Challenge Ballot Question.
An action to challenge the wording of a ballot question will only succeed if a plaintiff can
show it "favors a particular partisan position" or if it contains statements which are false or
"substantively misleading." (Huntington Beach City Council v. Superior Court (2002) 94
Cal.App.0 1417.) This is a.higher standard than the language of ballot arguments written by the
proponents or opponents of a measure, which may include "typical hyperbole and opinionated
comments common to political debate." (Id.)
In the Huntington Beach case, the court reviewed a ballot measure that would amend the
City's utility users' tax. At the time of the election, the tax did not apply to consumption of
utilities related to the generation of other energy sources. In other words, a power plant that used
natural gas to generate electricity was not required to pay a tax on the gas it consumed.
•
0100310001/36132.01
Hon. Mayor and Members of the City Council
November 24,2004
Page 3
AES, the company owning the only power plant that would be affected by the measure,
objected to the City's wording on the ballot. The City entitled the measure: "Amendment of
Utility Tax by Removing Electric Power Plant Exemption." The City worded the ballot question
as follows:
"Shall the ordinance requiring an electric power plant to pay the same Utility Tax
as do residents and businesses of the City of Huntington Beach by amending the
Huntington Beach Municipal Code to remove Section 3.36.080(b) and make
corresponding changes to Section 3.36.010(g),be adopted?"
The Court of Appeal agreed with AES. It held that the City's use of the word
"exemption" in the title was, "in this context, advocacy by other means." The Court stated that
"Exemptions — particularly in a tax context — connote unfair influence and special treatment."
Rather than call it an "exemption," the Court held the word "exclusion," a more neutral word,
was more appropriate and should be used in the place of"exemption."
The Court also agreed with AES that it was "substantively misleading" to say the
measure would require electric power plants to pay the "same Utility Tax as do residents and
businesses." Under current law, AES was not exempt from the tax, but rather was not taxed on
the natural gas it used to generate electricity. Essentially, AES was the only one to whom the
exclusion would apply because it happened to be the only power plant using one energy source
to generate another. Accordingly,the reference to "same"tax was stricken.
C. Other Options
As discussed above, the initiative proponents have suggested alternative language for the
ballot question. Below is the ballot question text as approved by the Council, the language
suggested by the proponents and two other alternatives:
Adopted Measure: "Shall the General Plan of the City of Palm Springs be
amended to establish a new MR (Mountain Region)
designation for approximately 55.5 square miles of
property in and proximate to the San Jacinto and Santa
Rosa Mountains, and repeal the various land use
regulations currently affecting this property?"
Proponents' Alternative: "Shall the City of Palm Springs amend its General Plan to
establish a new Mountain Region Designation for property
in and near the San Jacinto and Santa Rosa Mountains and
repeal current land use regulations affecting this area?"
0100310001/36132.01
Hon.Mayor and Members of the City Council
November 24,2004
Page 4
Alternative Number 1: "Shall the City of Palm Springs amend its General Plan to
establish a new Mountain Region Designation for
approximately 55.5 square miles of property in and near the
San Jacinto and Santa Rosa Mountains and repeal current
land use regulations affecting this area?"
Alternative Number 2: "Shall the City of Palm Springs amend its General Plan to
establish a new Mountain Region Designation to permit
one single family residence per every 40 acres (or per
existing lot), for approximately 55.5 sq. mi of property in
and near the San Jacinto and Santa Rosa Mountains?"
(Underlined language shows differences from proponents'suggested language),
The two alternative measures are structured based upon the proponents wording but
adding the concepts that(a)the Mountain Region is a 55.5 sq,mi. area, and (b)that the land use
restriction is one unit per 40 acres (or per existing lot). It is not false or misleading to share this
information with the voters in voting on the measure and the reason for the proponents' objection
is not clear, but they do object. Notwithstanding these objections, the legal standard is whether
the writing is false or misleading and we believe these alternatives versions are not misleading.
IV. CONCLUSION
The City Council has already placed the Mountain Region Initiative on the ballot to be
decided by voters at the March 2005 election. While the Council has already adopted a
resolution setting forth the wording of the ballot question, it may reconsider the motion it passed
on November 10, 2004, and readopt the resolution with a different ballot question. It would be
.legally appropriate to utilize the proponents' proposal should the Council wish to do so.
However, should the Council wish to utilize the alternative which communicate more
information, we believe it is appropriate so long as it is not misleading.
If you have any questions regarding this matter, please do not hesitate to contact us at
(949)223-1170.
[END OF MEMORANDUM]
i
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01 003/0 0 01/3 6 13 2.01 /Vn
ADOPTED LANGUAGE:
Shall the General Plan of the City of Palm Springs be amended to established a new MR
Mountain Region) designation for approximately 55.5 square miles of property in and
� g ) g PP Y q P P Y
proximate to the San Jacinto and Santa Rosa Mountains, and repeal the various land use
regulations currently affecting this property?
PROPONENT SUGGESTED LANGUAGE:
Shall the city of Palm Springs amend its General Plan to establish a new Mountain
Region Designation for property in and near the San Jacinto and Santa Rosa Mountains and
repeal current land use regulations affecting this area?
ALTERNATE LANGUAGE#1:
Shall the City of Palm Springs amend its General Plan to establish a new mountain region
designation for approximately 55.5 square miles of property in and near the San Jacinto and
Santa Rosa Mountains and repeal current land use regulations affecting this area?
ALTERNATIVE LANGUAGE#2:
Shall the City of Palm Springs amend its General Plan to establish a new mountain region
designation to permit one (1)single family residence per every 40 acres, or per every existing lot,
for approximately 55.5 square miles of property in and near the San Jacinto and Santa Rosa
Mountains and repeal current land use regulations affecting this area?
NOTE: Underlined language is language added to Proponents'suggested language.
Cx
EXHIBIT "A'
O100310002/36099.01
11/30/2004 11:12 FAX 760 322 8332 Palm Springs City Clerk - ALSHIRE & WYNDER 16001 j
11/29/2004 17:51 3103148050 CHATTEN-EROWN&Ass0cl PAGE 02/03
CEATTEN BRQ'VViV &ASSOCLATES
TV-SP140NE010)3144040 3250 OCEAN PARK DOUl"ARD
FACSINULF- (310)314.8050 axon 300 Ice@caABARxHw,w,con4
SANTA,MOMCA,CALIFORNIA 90405
www.abaearthlaw.copn
November 29,2004
By Ana asimile
Original to follaw in U.S Mail
�i
Dave Aleshire
Palm Springs City Attorney
3200 E. Tahquitz Canyon Way
Palm Springs, CA. 92262
Re: Requirements for Irllpardal Analysis of Mountain Preservation Initiative
i
Dear Mr. ,A.leshire:
I am in receipt of your letter of November 22,2004,to Frank Gaydos,and the
alternative language you are suggesting For the ballot for the Mountain Preservation
Initiative. We object to the previously adopted ballot language, and the two alternatives
you are now proposing, and urge adoption of the language used as the original mammary
circulated,vith the laitiative,
As Frank(3aydos and Vic Gainer advised you.in a recent meeting,the.proponents
and supporters of the initiative want the language in the ballot to match the Title and
Summaty which you prepared in back in April 2004. This Title and Summary was
piroulated v ith eaoEl petition. More than 6,000 individuals signed the petition. 8y
changing the description of the initiative at this time,you run the risk of creating
odnfumion among the voters. The voters should have no doubt that the initiative measure
they are voting on in March 2005 is from the very same petition that was circulated in
summer 2004,
Importantly,my clients,Mends of Palle Springs A2ountaius,were informed that
members of the City Council and City's load planner,Doug Evans,have added the
reference to 55 miles because they believe it will undermine the initiative. During the
past few months,my clients have witnessed Mx. Evans openly campaigning against the
initiative. They have also seen a member of the city council openly disparage supporters
of the initiative by accusing them of"Iyi ag" during a public heating,yet, regardless of
the views of any planner or city couned member,the law makes clear that you are
i
EXHIBIT "B"
11/30/2004 7UE 11:17 [TX/RX NO 8783] Q1001
11/30/2004 11:12 HA% 760 322 8332 Palm Springs City Clerk • ALSHIRE & WYNDER Q 002
11/29/2004 17:51 31091148030 CHATTEN-ERDWN&ASWC1 PAGE 03/03
s - 4
eDave Aleshire
November 29,2004
Page 2 of
required to provide accurate information to the voters, and nar advocate political
interests. (Xing v Lewis(1990)219 Cal, App. 3d 552.) Changing the description of the
initiative with language that is intended to undermine the initiative is impermissible wilder
the law.
Accordingly,we hereby request that the following language,which matches your
original Title and Summary,be used for the ballot:
Shall the City of Palm Springs amend its General Plan to establish a new
Mountain Region designation for propeM in and near the San Jaoiato and
Santa Rosa Mountains, and repeal current land use regulations affecting this
area?
We understand from your letter that the various alternatives will be considered by
the City Council on December 1,2004. While we strongly want to the language
previously used to be included as the ballot language,this miist not be used as a reason to
delay the election. The City Council should be advised to adopt the above language at its
meeting on December 1, 2004.
Thank you for your anticipated cooperation in this matter.
Sincerely,
r
,
Ian Chatten-Brown
cc_ City Council
Friends of Palm Springs Mountains
Palm Springs Modern Committee
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11/30/2004 TUE 11: 17 [TX/RX NO 8783] Q 002
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AUTHORIZING CERTAIN OF
ITS MEMBERS TO FILE WRITTEN ARGUMENTS
REGARDING CITY MEASURE.
WHEREAS, a Special Muncipal Election is to be held in the City of Palm
Springs, California, March 8, 2005, at which there will be submitted to the qualified
electors of said City, the following measure:
Measure [ ]
Shall General Obligation Bonds in an amount up to of $150 million be
issued to acquire real property for open space, wildlife habitat and for conservation
purposes, and where legally necessary to compensate property owners for a taking of
their property, within the 55.5 square mile Mountain Region in the event Measure _ is
adopted?
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Palm Springs, that the City Council, being the legislative body of said City, hereby
authorizes:
members of said body, to file written arguments in support of the City measure set forth in
the recitals hereof in accordance with Article 4, Chapter 3, Division 9 of the Elections
Code of the State of California, and to change said arguments until and including the date
fixed by the City Clerk after which no arguments for or against said City measure may be
submitted to the City Clerk.
ADOPTED this 8th day of December, 2004.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
By
Acting City Clerk City Manager
eREVIEWED & APPROVED: �1
H:\USERS\C-CLK\ELECTION\MEASURES\GenObligBond\Arg Res-GenOblBonds.doc 1 /
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REAFFIRMING THE CALLING AND GIVING NOTICE OF A
CONSOLIDATED SPECIAL MUNICIPAL ELECTION TO BE HELD MARCH 8,
2005.
WHEREAS, a referendum petition concerning Resolution 20994,which was adopted by the City
Council on July 7, 2004 relating to the Palm Hills Area Plan component of the City's General
Plan (as described in Exhibit "1," attached hereto), was declared duly qualified by the City
Council which, on November 10, 2004, resolved to place the measure before the eligible voters
of the City at a special election to be held on March 8, 2005; and
WHEREAS, an initiative petition concerning proposed amendments to the City$ General Plan
affecting approximately 55.5 square miles of property in and proximate to the San Jacinto and
Santa Rosa Mountains, commonly known as the Mountain Region Initiative (as described in
Exhibit "2," attached hereto), was declared duly qualified by the City Council on November 10,
2004, and the City Council has resolved to place the measure before the eligible voters of the
City at a special election to be held on March 8, 2005; and
WHEREAS, an ordinance authorizing the placement of a general obligation bond measure in
the amount of$150 million to finance the purchase of property for the purpose of retaining open
space in and proximate to the San Jacinto and Santa Rosa Mountains was approved by the City
Council (as described in Exhibit"3")on December 8,2004, and the City Council has resolved to
place the measure before the eligible voters of the City at a special election to be held March 8,
2005; and
WHEREAS, for the convenience of the Registrar of Voters for the County of Riverside, the City
Council wishes to consolidate the above-referenced ballot questions into one resolution to be
forwarded to the Registrar;and
WHEREAS, all of the following measure would be considered at a consolidated election to be
conducted by the Registrar of Voters for the County of Riverside in accordance with all
applicable state laws and regulations affecting the conduct of elections.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows:
Section 1. That there shall be and there is hereby ordered a special municipal election, to be
held on March 8, 2005, for the purpose of submitting to the qualified electors of
said City, the following three measures, to wit:
MEASURE [ ] PALM HILLS REFERENDUM YES _
Shall City Council .Resolution 20994, approving NO —
amendments to the General Plan Use and Circulation
Plan for Palm Hills area, be adopted?
i
s
i
Resolution No. •
Paget
MEASURE [ ] OPEN SPACE BONDS YES _ I
Shall General Obligation Bonds in an amount up to $150 NO j
million be issued to acquire real property for open space,
wildlife habitat and for conservation purposes, and where i
legally necessary, to compensate property owners for a
taking of their property, within the 55.5 square mile
Mountain Region in the event Measure is adopted by
the voters?
i
MEASURE [ ] MOUNTAIN REGION INITIATIVE YES _
Shall the General Plan of the City of Palm Springs be NO —
amended to establish a new MR (Mountain Region)
designation for approximately 55.5 square miles of
property in and proximate to the San Jacinto and Santa
Rosa Mountains, and repeal the various land use I
regulations currently affecting this property?
i
In the event that either or both the first or third measure receives a greater
number of YES votes than NO votes, such measure shall be deemed supported
by the voters. In the event either or both measure receives an equal or greater i
number of NO votes than YES votes, such measure shall be deemed unsupported
by the voters.
With respect to the second measure, in the eveht that two-thirds (2/3) of those
voting on this measure vote YES, the measure shall be deemed supported by the
voters. In the event less than two-thirds (2/3)of those voting on this measure vote
YES,the measure shall be deemed unsupported by the voters.
Section 2. That all above-described measures shall be designated on the ballot by a letter
printed on the left margin of the square containing a description of the measure, as
provided by the Elections Code.
Section 3. The Registrar of Voters of the County of Riverside is further ordered and instructed
to print the letter assigned to identify the Mountain Region Initiative (Section 1,
above) where the same is referenced by "Measure —" in the ballot question
related to general obligation bonds to purchase open space.
i
Section 4. The above-described measures are hereby ordered to be consolidated by the ;
Registrar of Voters of the County of Riverside so that they appear on the same
ballot, and with any other measures, if any, properly put to the voters at the March
8,2005, regular election. i
Section 5. The City Clerk is hereby directed to transmit a copy of the above-described
measures to the City Attorney, who shall prepare an impartial analysis of the
measure in accordance with Section 9280 of the California Elections Code.
Section 6. The ballots to be used at said election shall be, both as to form and matter •
contained therein, such as may be required by law to be used there at.
#36358
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s
Resolutlon No.
Page 3 1
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Section 7. The City Clerk of said City is hereby authorized, instructed and directed to procure
and furnish, through the Registrar of Voters for the County of Riverside or other
resource as necessary, any and all official ballots, notices, printed material and all
supplies, equipment and paraphernalia that may be necessary in order to properly
and lawfully conduct said election.
Section 8. In all particulars not recited in this Resolution, said election shall be held and
conducted as provided by law for holding special municipal elections in said City.
Section 9. Notice of time and place of holding said election is hereby given and the City Clerk
is hereby authorized, instructed and directed to give such further or additional
notice of said election, in time, form and manner as required by law.
I
Section 10. The City Clerk shall reimburse said County, or other resource, for services
performed when the work is completed and upon presentation to the City of a
properly approved bill.
Section 11.. The canvass of the Special Municipal Election to be held in said City is hereby
ordered to be made by the City Clerk. The City Clerk shall cause to be complete
the canvass of said election and shall certify the results in accordance with State
law.
Section 12. It is the intent of the City Council that to the extent of any inconsistency with the
resolutions previously adopted putting the foregoing measures on the ballot, this
resolution shall supersede any such previously adopted resolutions calling and
giving notice of a special election for March 8, 2005, including Resolutions No.
21132 and 21133, adopted by the City Council on November 10, 2004, to the
extent of such inconsistency.
ADOPTED this_day of December,2004.
AYES:
NOES:
ABSENT: I
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
i
I
Acting City Clerk City Manager
I
REVIEWED &APPROVED:
i
i
e
#36358
J TMrt, S� r
REFERENDUM AGAINST A RESOLUTION PASSED BY.THE CITY COUNCIL
We,the undersigned,registered,qualified voters of the City of Palm Springs,hereby protest the Palm Springs City Council's July 8,2004,adoption
of Resolution No.20994,entitled
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA
APPROVING THE AMENDMENTS TO THE GENERAL PLAN TEXT WITH RESPECT TO POLICIES 5,4.1,5.4.4(B) AND
(C),AND PALM HILLS AREA PLAN ELEMENTS#6 AND.417, AND ADDING AN ADDITIONAL ELEMENT#8 FOR THE
PALM HILLS PLAN AREA
We request that the entire text of Resolution No,20994 and the proposed General Plan policy amendments attached as Exhibits A and B,which are
reproduced in this petition,be repealed by the City Council or,alternatively,submitted to a vote of the people as prescribed by law,
NOTICE TO THE PUBLIC: THIS PETITION MAYBE CIRCULATED BY A PAID THIS cowenH FOR
CITY OF SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. OFFICIAL USE ONLY
PALM THE USE OF YOUR SIGNATURE FOR ANY.PURPOSE OTHER THAN
SPRINGS COMPLAINTS
OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR.
COMPLAINTS ABOUT THE MISUSE OF YOUR SIGNATURE MAY BE MADE TO
REGISTER�YVOTERS
ONLY
THE SECRETARY OF STATE'S OFFICE.
SIGNATUPEASREGISTERED T _P NCEA �5�•�� qq ...yam
;� /-moo
PRINTNAME CITY � L
2.
SIGNA URE AS REdISTERED RESIDENCE ADDRESS
Y
PRINT NAME CITY ZIP
3.
SIGNATURE AS REGISTERED RESIDENCEADDRESS
PRINTNAME CITY - ZIP
4.
SIGNATURE AS REGISTERED RESIDENCE ADDRESS
PRINT NAME CITY ZIP
5.
SIGNATURE AS REGISTERED RESIDENCE ADDRESS
PRINTNAME CITY ZIP
6.
SIGNATURE AS REGISTERED RESIDENCE ADDRESS
PRINTNAME CITY - LP
Declatatfon of Circulafnr ftn be mmnlatad In the circulator's own hand after all signatures recorded on the front and back of this section of the pefilion have been obtained): •
I, am registered to vote In.the City of.Palm Sm incs.calif-mi. 10 register to
pM111I6Anameherc
vote in the City of Palm Sings, My residence address is , I circulated this
MI_
section of the petition and witnessed each of the appended signatures'being written. Ead signature on is petition is,to the best of my Info lion and
TMb�Ile�.,the mine 9t]�ture Q►the person whose name it purports to be: All signatures on this document were obtained between the dates off ,
IN J�`l I declare under penalty of perjury under the laws of the State of,"a fomia that the fogagoing is fAand cone 6',
m"Noylyear mm��mm��da ra
Executed on Imt(�,at TAX�IAn , Califomia. �„/
"th/day/yam fbwn Signed:
REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL
WHEREAS,in July 1970,the City of Palm Springs("Ci(y")annexed 34 square miles in the San Jacinto and Santa Rosa Mountains known as Palm Hills;and
WHEREAS,in 1974,the Palm Hills Study was commissioned with the directive that the main emphasis be the preservation of[lie environment while encouraging the
development of resort and residential and accessory,uses;and WHEREAS,the General plan Patin Hills Area Plan was divided into four planning sub-areas(PH-],PH-
2A,PH-213,and PH-3)as part of the City's 1993 General Plan Update;and WHEREAS,PH-I Planning Area is located in the most northerly portion of the Palm Hills
Planning Area and is intended to be developed pursuant to a Specific Plan;and WHEREAS,PH-1 Planning Area is located north of Murray Hill and is separated from
PH-2,PH-3,and PH-4 by this major topographic feature;and WHEREAS,PH-I is planned for resort hotel and attached and detached residential land uses with a
maximum density of 1,200 units;and WHEREAS,the Palm Hills Area Plan requires that any land development in Palm Hills can only be accomplished through a
Specific Plan;and WHEREAS,Palm Hills Land Corp.("Applicant")has initiated an application for the Palm Hills Specific Plan;and WHEREAS,Applicant has
requested General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan;and WHEREAS,a General Plan Text
Amendment has been prepared to modify hillside development policies limiting development to slopes of less than 30%n;and WHEREAS,a General Plan Text
Amendment has also been prepared to modify Palm Hills Area Plan Elements to be consistent with the proposed amendments to hillside policies and to add language
that reflects a different approach to development of the Santa Rosa Mountains;and WHEREAS,the proposed General Plan Text Amendment affects the Palm Hills
Planning Area only and does not have any effect on lands outside of the Palm Hills Planning Area;and WHEREAS,notice of a public hearing of the Planning'
Commission of the City of Palm Springs to consider proposed General Plan Text Amendments to modify hillside development policies and requirements of the Palm
Hills Area Plan was issued in accordance with applicable law;and WHEREAS,on April 28,2004,a public hearing to consider General Plan Text Amendments to
modify hillside development policies and requirements of the Palm Hills Area Plan was held by the Planning Commission in accordance with applicable law;and
WHEREAS,on May 26,2004 a continued public hearing to consider General Plan Text Amendments to modify hillside development policies and requirements of the
Patin Hills Area Plan was held by theTlanning Commission in accordance with applicable law;and WHEREAS,the Planning Commission,at its May 26,,2004
meeting recommended approval of the proposed General Plan Amendments;and WHEREAS,notice of a public hearing of the City Council of the City of Palm Springs
to consider proposed General Plan Text Amendments to modify hillside development policies and requirements of the Palm Hills Area Plan was issued in accordance
with applicable law;and WHEREAS,on June 16,2004,a public hearing lu consider General Plan Text Amendments to modify hillside development policies and
requirements of the Patin Hills Area Plan was held by the City Council in accordance with applicable law;and WHEREAS,a Notice of Preparation of an
Environmental Impact Report for the General Plan Text amendments,Palm Hills Specific Plan(PA-1),Development Agreement,Planned Development District,
Tentative Parcel Map,and Tentative Tract Map("Project")was distributed to the Stale Clearinghouse and interested and responsible agencies,organizations,and
individuals with a review period from May IQ„1998 to July 10, 1998;and WHEREAS, 18 comment letters were received regarding the Notice of Preparation from
various entities;and WHEREAS,a Draft Environmental Impact Report(DEIR)for the Project was released for public comment from July 3,2003 to August 18,2003;
and WHEREAS, 13 comment letters were received regarding the DEIR from various entities;and WHEREAS,in accordance with the California Environmental
Quality Act(CEQA),a Final Environmental Impact Report was prepared for the General Plan Amendments and the Palm Hills Specific Plan and it was found that even
with the incorporation of proposed mitigation measures,the proposed Project could have a significanl,effect on the environment with respect to land use,cumulative
traffic/circulation,air quality;visual resources,biological resources,cumulative impacts on the school system,and cumulative impacts on the regional groundwater
aquifer;and WHEREAS,the"Project"will have public benefits including but not limited to up to$2,475,773 in revenue,expand economic development opportunities,
expand tourism,provide a golf course,preserve approximately 797.70 acres of open space on-site,dedicate off-site land within critical habitat of Peninsular Bighorn
Sheep,create up to 450 newjobs,maintain public access to existing equestrian and hiking trails,and implement the City's General Plan objectives to create a world
class destination resort;and WHEREAS,a Statement of Facts and Findings and Statement of Overriding Considerations has been adopted for the proposed Project
including this General Plan Text amendment;and WHEREAS,the City Council has carefully reviewed and considered all of the evidence presented in connection with
the hearing on the project,including but not limited to the recommendation of the Planning Commission,the staff report,all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section I:The proposed General Plan Amendments are in compliance with the Final Environmental Impact Report("FIR")that has been certified for the General Plan
Amendments and Palm Hills Specific Plan(SCH#98061043),which is in compliance with CEQA,the State CEQA Guidelines,and the City's CEQA Guidelines.The
FIR 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 proposed General Plan Text
Amendments and determined that they are in conformance with the information contained in the EIR. The City Council further finds that with the incorporation of
proposed mitigation measures and the adoption of the Statement of Facts and Findings and Statement of Overriding Considerations,that the Project will cause
significant impacts and that the Project benefits justify overriding the unavoidable significant adverse impacts caused by the Project.
Section 2:The proposed General Plan Text Amendments seek to modify hillside development policies 5.4.1 and.5.4.4(b)and(c)so as to allow development on ridges
that are not"sky-lined"and on slopes of greater than 30%n on a limited basis,subject to strict design criteria and only as part of a Specific Plan. The proposed General
Plan Text Amendments also seek to modify Patin Hills Area Plan Elements#6 and#7,and add an additional element that would reflect the proposed changes to the
hillside development policies while also representing a different approach to development in the Santa Rosa Mountains. The amendments to the Palm Hills Area Plan
are consistent with the PI-1-1 sub-area that allows development of up to 1200 units on the site.
The General Plan currently views the Santa Rosa and San Jacinto Mountains as natural areas in which development impacts shall be minimized. Both ranges form a
backdrop to the City and are also considered valuable scenic assets.The proposed amendments would establish in City policy a fundamental distinction between the
Santa Rosa Mountains south of the City and the San Jacinto Mountains west of the City. The San Jacinto Mountains are essentially undevelopable due to the extreme
steepness of slope and are therefore suited to a policy of almost total preservation. However,Ile Santa Rosa Mountains consist of a more gentle rolling terrain that may
be better suited for limited development. Preservation in the Santa Road Mountains is seen as compatible with some development,if that development is proposed
creatively and flexibly. -
Section 3; The amendments to the General Plan Text with respect to hillside development polices and the Patin Hills Area Plan are necessary and appropriate in order
to build consistency between the General Plan Map and Report and the Palm Hills Specific Plan. -
Section 4:The proposed amendments to the General Plan Text Amendments are necessary and proper al this time,and are not likely to be detrimental to the adjacent
property or residents,
Section 5:The FEIR included an evaluation of land ownership within the Palm Hills Planning Area(approximately 34 squaw miles),and based upon this evaluation it
Swas determined that a large portion of this area is in public ownership.Based upon ownership patterns,the City Council finds that it may be difficult to develop Palm
Hills Planning sub-areas 2-A,2-13,and 3.Based upon this review,the City Council directs slab'to initiate a General Plan Amendment to the Palm Hills Planning Area
to reconsider the need to extend Palm Hills Drive,South of Eagle Canyon,to re-evaluate the proposed land uses in Palm Hills Planning Areas Plan II-A,II-B,and III
and consider designating this area as Conservation.
NOW,THEREFORE.BE IT RESOLVED that,based upon the foregoing,the City Council hereby approves the amendments to the General Plan Text wshown in
Exhibits A and B.
•
REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL
NOW,THEREFORE,BE IT FURTHER RESOLVED that City Council directs staff to prepare a General Plan Amendment Study as part of the General Plan Update to
consider amending the Circulation Plan by eliminating Palm Hills Drive,south of Engle Canyon,and amending the Land Use Element to consider designating areas
located south of Murray Hill as Conservation for the Palm Hills Plan Area.
ADOPTED this 8 day of July ,2004.
AYES: Oden,Mills,McCulloch,Forgoer
NOES; post
ABSENT:'
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS,CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form:
EXHIBIT A
PROPOSED GENERAL PLAN POLICY AMENDMENT
GENERAL PLAN POLICY 5.4.1 and 5.4.4(b)and(c)
5.4.1 "lit order to preserve the scenic beauty,to protect the nunintahn.s from danaging erosion and ni protect the deserffloorfroni flooding,the frontal slopes of
the Supra Rosa amd San Jacinto Mountains which face the desert flanrshall be preserved as open.spare areas to the greatest extent pnsssible and consistent with other
policies in the General Plan.The.slopes of individual landmark peaks should be preserved as open.space areas.Development shall be subject to approval afa
development plan on a case-by-case basis,which addresses aesthetic issues such as screening and landscaping."
5.4,4(b) "Development should be(oneennated in areas with natural slopes of 107 or less in.steelo esr. NuhuaLr/npe.r in escesr of 30%should renhuin undrsurrbed
may be developed subieet it)preparation of',specihc hillside development criteria that address buildin,¢design and construction techniques as part of Specific Pla
Development prapo.sals,firr areas of10%shape at greater,but less than 30%,orareas subject to erasion,shall be accompanied by detailed sails and gealechnica
studies as well as visual simulation exhibits."
5.4.4(c) "Proposed development most he compatible,by virtue of design,height,materials and.dope compatibility,with surrounding open space.Strictures shall not
visually break ridgelines when viewed from the valley floor unless a Specific Plait allowing such development is approved by due City. Areas graded for development
.shall be designed to blend with the natural.surroundings."
EXHIBIT B
PROPOSED GENERAL PLAN POLICY AMENDMENT
PALM HILLS AREA PLAN
Addition to the first paragraph:
"The City',s approach to Palen Hills underscores a tiodannental dhterence between the Santa Rasa Mountuin.v south of the City and the San Jacinto Mountains west of
doe City. Both farm a backdrop to tie City of Palnr Springs and uahsl be Treated as valuable s(eni(assets. Btit. whereas the San Jacitun Mountains are essentially
tmdevelopable due to extreme steepness of.dope'and are tterelbre suited to a policy of ahnosi total preservation,the Santa Rasa Mountains Consist of more gentle,
rolling terrain and require application ofcreahve and flexible means to harmonize preservation with development".
Palm Hills Area Plan Element#6 is proposed to be amended as follows:
"A program far the permanent preservation of open.pure,with the purpose to mitigate wildlife habitat loss ardlo provide recreation amenities,in accordance with die
programs of the Bureau of Land Management,the Slate Park proposal,the Santa Rosa Mountains Conservancy Plan,the Bighorn Sheep Management Plan and any
other active conservation progran✓plan to the extent that they are not in Conflict with this General Plan. In order to preserve the scenic beauty,the frontal slopes of the
Santa Rasa Mountains that are visible front the desert.loorsholl be preserved as open space to the kreale.st extent possible. Development which is visible fain the
valley floor shall be treated with.sensitivity acrordine to paragraph 7 fidlowing."
An additional element(Element#7)that establishes guidelines to minimize the visual impact of structures on ridgelines is proposed to be added to the Palm Hills Area
Plan as follows:
"A Plan which inunlennents the Cirvls stated goal ofdeveloping a home scale resort at this unique location which humanizes with the natural mountain backdrop of the
City. To accomplish this,developments shall seek to preserve as uutch undisturbed natural open,space as possble. Where development is visible fronn the valley floor,
building coloration,native plant selection and other design teclmlques shall be applied to blend structures with the native landscapine. Development of the rhdgelines
is allowed,so long a.s,struenoes do not visually break the skyline or after an individual landmark peak(e.g.Murray Hill). To confrin the true extent and nature of
visual change,accurate computerized visual.simulations with and without the Proiect,shall be provided for consideration by the Planning Commission and City
Council."
Palm Hills Area Plan existing Element#7 is proposed to become Element#8 and be modified so as to increase overall density in areas with natural slopes of 102%�
less train a range of V2 to 2 units to a range of V2 to 4 units as follows:
Target land uses and anther of units.
f Excepl as noted,land use is governed by the following descriptions and by the policies of the General Plan,and is not shown on the amp. The required Spechthc
Plans)shall provide a detailed land use plan;the ability to develop the target number of units is dependent upon compliance with the goals and policies of the General
Plat,and upon thefinav availability afpublic landsfor exchange or development. Unitsshauldbeconcentmiedinareurwirhnuturuhslopesufl0'%orlessin
steepness with overall density in.such areas in the range ofV2-.14 units7acre...f
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE=OF PALM SPRINGS
The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAIR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS ARE,A.
SUMMARY:
This initiative General Plan amendment, if passed, would delete various portions of the City of Palm
Springs' General Plan, as adopted in 1993, and enact new General Plan requirements. Specifically, this
amendment would create a Mountain Region("MTN")designation within the City of Pahn Springs.
The new MTN area is designated by map and includes not only mountainous terrain,but also such areas
as Palm Hills,land adjacent to the San Jacinto and Santa Rosa Mountains, alluvial fan areas (including Chino
Cone),and flatter terrain.
The new MTN area would be subject to the following restrictions:
1. No property may be subdivided smaller than forty(40)acres per parcel;
2. Only single-family residences would be permitted,and only one residence per parcel;
3. The maximum floor area for the entire residence would be limited to 51000 square feet;
4. The maximum development area per parcel would be limited to 10,000 square feet;
5. The maximum height for any structure would be limited to eighteen feet.
The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any
property where'a "vested right has been secured for other land uses" prior to the passage of this initiative
measure,if the measure is approved by the voters.
Most of the area designated MTN by this initiative amendment is already subject to restrictions under
the City's current General Plan and zoning. The area is classified in several categories including"Open Space'
(where one dwelling per twenty acres is permitted), `Rural" (where one to two dwellings per 5 acres are
permitted), or"Very Low Density" (where one to two dwellings per acre are permitted). The Rural and Very
Low Density designations require 70%to 75%of the property be maintained as open space and building heights
are restricted to 26 feet.In certain circumstances,a building height limit of 30 feet is permitted.
In addition, the City's General Plan and zoning currently prohibits development on slopes of thirty
percent or greater. Such areas are also not counted for purposes of calculating density.
If passed by the voters, this initiative General Plan amendment would take effect upon certification of
the election results.
The published notice of intent to circulate provides as follows:
Notice of Intent to Circulate Petition
Notice is hereby given by the persons whose names appear hereon of their intention to circulate a petition
within the City of Palm Springs, County of Riverside, State of California for the purpose of amending the
General Plan of the City of Palm Springs. A statement of the reasons of the proposed action as contemplated in
the petition is as follows:
The Palm Springs mountain region is one of the most unique, beautiful and biologically diverse
landscapes in the entire world. It provides time stunning natural setting that is vital to the quality of life enjoyed
by our residents.
Today, however, this spectacular open landscape is on the verge of being destroyed by high-density
subdivisions and tract homes.Without sensible planning,our mountain region will become unrecognizable in a
few short years. It will disappear forever under the crush of urban sprawl.
This initiative amends the general plan to preserve the mountains, canyons and surrounding lands. It
establishes a low-density requirement for subdivisions in the mountain region. Traci homes, high-density
subdivisions and commercial developments will not be allowed.
This initiative protects the rights of property owners.Any property with vested rights is not affected by
this initiative,and any existing legal parcel,regardless of how small,may be used for a residence.Furthermore,
tribal lands are exempted,
This initiative protects and enhances our local economy. The City of Palm Springs' standing as a world
class resort and retirement destination depends upon the protection of our natural environment,and particularly
the mountain region. High-density subdivisions and tract homes in the mountain region are certain to hurt
tourism and tarnish the image and reputation of the City.
This initiative simply enacts thoughtful land use planning that preserves our natural treasures and
valuable open space.It serves not only to protect the welfare of those currently residing in the City,but it is also
an expression of the People's commitment to preserve that which is irreplaceable for the generations that will
follow.
Signed by: Gladys N.Krenek James D.Jones
1 � ��
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR To
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
MOUNTAIN PRESERVATION INITIATIVE
Section 1. Findings and Purpose
The People of the City of Palm Springs hereby find and declare:
(a) The mountain region of Palm Springs,which includes the San Jacinto Mountains,Santa Rosa Mountain's,
Chino Canyon, Tachevah Canyon and surrounding areas, is an invaluable natural treasure. Given that part of
this mountain region Has within the City's boundaries, the People recognize,an immense duty to protect land
which is so vital and unique.
(b) The scenic mountain region, untarnished by dense housing or commercial development, provides the
stunning natural setting for the"desert lifestyle" enjoyed by the City's residents, As the congestion of traffic,
commerce and development continues to increase in Palm Springs and surrounding cities, the pleasant vistas
and open space are important to residents'sense of well-being.
(c) The City's standing as a world class resort and retirement destination depends upon protection of the
natural environment, and particularly the mountain region. People from across the world are attracted to, and
captivated by,this unique natural setting. Given that the local economy relies in significant part upon tourism,
it is essential to the long-term economic prosperity of the City that the mountain region be preserved. Dense
housing and commercial development in the mountain region,.even that which is designed to attract tourists,
will have an overall negative impact on the local economy and will tannish the image and reputation of the City.
(d) The open space land of the mountain region is a limited and valuable resource that must be preserved.
Conservation of natural resources and the retention of mountain region land in its natural state protects the
community from the hazards of fire, flood, seismic and other catastrophic occurrences, and limits harm to the
groundwater and hydrological systems. Furthermore, it is in the public interest to avoid the unnecessary ,
conversion of open space land to urban uses,,thereby protecting against the resultant adverse impacts, such as
air,noise and water pollution, traffic congestion, destruction of scenic beauty, and disturbance of the ecolog�
- and environment and other demonstrated consequences of urban sprawl.
(e) The mountain region possesses an extraordinarily rich,though fragile,natural environment that sustains a
brilliant variety of wildlife and plant species.The People intend to preserve the mountain region habitat of these
species,and thus realize their aesthetic,ecological,educational,historical,recreational and scientific value.
(l) Notwithstanding any limitation imposed by this initiative Measure on the number of building permits that.
may be issued for residential construction or of the buildable lots which may be developed for residential
purposes, the People find that there is sufficient undeveloped land area available on the desert valley floor,
which is zoned for residential development,to allow for the construction of housing and the satisfaction of any
obligation of the City to provide for the housing needs in the region.
(g) The People of Palm Springs find that it is necessary to amend the General Plan to preserve and protect the
mountain region and to promote the orderly development of that region in a manner that allows for low-density
residential housing that causes the least harm or alteration to the natural environment. Each of the findings and
purposes set forth herein promote the health,safety and welfare of the City.
Section 2. General Plan Amendment
The People of Palm Springs hereby adopt the following amendment to the City of Palm Springs General Plan.
Objective
3.2A In order to protect the ecological, economic, scenic, cultural, and scientific values associated with the
mountain region, and to promote the health, safety and welfare of the City, a Mountain Region is hereby
established within the City and is designated as"Mountain Region"on the Map attached hereto as Exhibit"A"
and incorporated herein by reference. This Map and the Mountain Region depicted thereon shall be
incorporated into the Maps of the General Plan,and any designations or information on the existing Maps of the
General Plan which is inconsistent with the policies and objectives of this Initiative Measure shall be deleted.
The following policies shall apply within the Mountain Region:
3:2A.1 Development and land use shall be limited to single-family residences. No other development or lane
use shall be allowed.
3.2A.2 The minimum parcel size shall be no less than 40 acres.No more than one single-family residence per
parcel shall be allowed.
2
eTITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL'PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
3.2A.3 The maximum floor area for the single-family residence shall be no greater than five thousand(5,000)
square feet.
3.2A.4 The maximum building envelope,which is the total area of the single-family residence floor area plus
the yard(excluding any access roads),shall be no greater than ten thousand(10,000).square feet.
3.2A.5 The maximum building height shall not exceed eighteen(18)feet from the lowest natural grade at the
location of the structure of the single-family residence.
3,2A.6 All improvements shall be designed and constructed in a manner that causes the least disruption and
adverse impact to, and is most harmonious with,the natural environment and scenic qualities of the Mountain
Region.
3.2A.7 All improvements shall be located as far away as feasible from sensitive areas, including, but not
limited to,wildlife habitat,watercourses and tributaries,and steep slopes.
3.2A.8 The objectives and policies of the Mountain Region shall apply to all area plans, specific plans,
planned development districts, development agreements, redevelopment plans, and other similar development
plans with respect to any land within the Mountain Region.
3.2A.9 Upon the effective date of this Initiative Measure,the City Zoning Code and Zoning Map shall be
amended to create a new zoning classification designated Mountain Region ("IvITN"). This MTN zoning
classification shall apply to all land within the Mountain Region and shall fully implement, and be consistent
with,the objectives and policies of this Initiative Measure.
3.2A.10 Any legal lot shown on a recorded subdivision map or other recorded document is exempt from the
minimum parcel size requirement set forth in Policy 3.2A.2,provided that the legal lot was created before the
effective date of this Initiative Measure. -
3.2A.11 The objectives and policies of the Mountain Region shall apply to all land within the designated
Mountain Region shown on the Map attached hereto as Exhibit"A"unless: a)a vested right has been secured
for other land uses prior to the effective date of this Initiative Measure, and b) such vested rights remain legally
enforceable, hi the event that any vested rights pertaining to land within the Mountain Region are invalidated,
terminated, expire or are set aside in any manner, then such land shall immediately be subject to the objectives
and policies of the Mountain Region.
3.2A.12 The objectives and policies of the Mountain Region shall not apply to any sovereign Tribal lands.
The General Plan shall be further amended as set forth in Exhibit'B"which is incorporated herein by reference.
Section 3. Miscellaneous
(a) This Initiative Measure shall be liberally construed in order to preserve the Mountain Region and to
achieve to the fullest extent possible the purposes,objectives,and policies stated herein.
(b) If any portion of this Initiative Measure is held to be invalid by a final judgment of a court of competent
jurisdiction, such decision shall not affect the validity of any remaining portions. The voters of Palm Springs
hereby declare that this Initiative Measure and each portion hereof would have been passed even if one or more
portions are declared invalid.If any provision of this Initiative Measure is held invalid as applied to any person
or circumstance, such invalidity shall not effect any application of this Initiative Measure that can be given
effect without the invalid application.
.(c) This Initiative Measure, and each portion hereof, including, but not limited to, the boundaries of the
Mountain Region set forth on the Map attached hereto as Exhibit"A",may only be amended or repealed by a
majority vote of the electors of the City of Palm Springs.
(d) Any person acting for the interests of itself, its members or the general public for the purposes of
enforcing any objective,policy or provision of this Initiative Measure may institute proceedings for injunctive
or declarative relief or writ of mandate in any court of competent jurisdiction.
(e) In the event of any conflict between the portion of this Initiative Measure which amends the Land Use
Element of the General Plan and any other portion of the existing Land Use Element of the General Plan, such
portions of this Initiative Measure shall govern.
(f) This Initiative Measure shall be submitted immediately to a vote of the People at a special election.
(g) Upon passage of this Initiative Measure, all policies and objectives set forth herein shall be immediately
effective,and shall be immediately incorporated into the General Plan of the City of Pahn Springs.
3 V
TITLE:INITIATIVE TO(1)AMEND THE CITY OF PALM SPRINGS'GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR
THE SAN JACINTO AND SANTA ROSA MOUNTAINS,AND(2)REPEAL CURRENT LAND
USE REGULATIONS AFFECTING THIS AREAo
MAP NO. 1
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EXHIBIT'V: Map I and Map 2 ��
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REGION-
TITLE:INITIATIVE TO(1)AMEND THE CITY OF PALM SPRINGS'GENERAL PLAN TiO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR
THE SAN JACINTO AND SANTA ROSA MOUNTAINS,AND(2)REPEAL CURRENT LAND
USE REGULATIONS AFFECTING THIS AREA,
SEE MAP NO.4 MAP NO, 5
•, <. ® MOUNTAIN 0.M010N
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_ - BEE MAP NO.S •
MAP NO. 6
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THE MOUMAI N REGION
EXHIBIT'W': Map 5 and Map 6 ( �`
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MOUN7"AlN
REGION i
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i
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN T.
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR, TIH�
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA,
EXHIBIT°B"
The General Plan of the City of Palm Springs shall be further amended as follows:
At page I-21 of the General Plan,the following shall be deleted in its entirety:
"Chino Cone
Nowhere in this country is there a site with the abrupt transition fronidesert to mountain so spectacularly defined. Chino
Cone offers an unparalleled dimension in recreational and resort living potential.Recognizing the dynamics of the Tram
itself,the recommended land uses are those which should complement the Tram and stimulate development of the highest
quality.Further included as an integral part of this General Plan is the firm recommendation that all development to take
place,in this magnificent area be required to respect and,conform to the special characteristics of the site and the total
Pahn Springs environment
Requirements for Area Plan:
,1. A roadway alignment study of Tram Way which addresses the permitted density of development and safety.Plans for
a specific roadway section within a 100-foot right-of-way shall be developed,
2. A full Environmental Impact Report with focus on 1) infrastructure development (including circulation) and its
'impacts, 2)biological concerns including, but not limited to, threatened, rare and endangered plant and animal
species,3)visual and cultural resources,4)drainage,and 5)wildfire hazards.
3. Either a Specific Plan or a Planned Development District may be submitted.The requirements outlined above must
address the relationship with the entire area.
4. Target land uses include high-end residential,large-scale destination resorts and commercial recreation,"
At page I-22 of the General Plan,the following shall be deleted in its entirety:
"Palm Hills
In July 1970,the City of Pahn Springs annexed this area of 34 square miles in the San Jacinto and Santa Rosa Mountains
The Palm Hills Study (1974) was commissioned with the directive that the main emphasis be the preservation of
environment while encouraging the development of resort and residential,and accessory,uses.To achieve this objecti
the City secured professional advice to assist in reviewing the natural systems that presently exist and to minimize the
primary impacts that development would have an these system.
The resultant land use plan,based,on an extensive task force study shortly after the Palm Hills area was annexed into the
City,illustrated the most intense activity which could be accommodated.The proposed distribution and intensity of land
uses shown were to be considered only if based on detailed analysis and if such a plan could resolve all of the goals and
objectives of the General Plan.
This General Plan also recognizes that to design a land use pattern that is compatible with the very complex ecological
systems (plant, animal, land foray drainage, etc.) will take intensive, site-specific analysis far beyond the scope of a
general plan-level study,Any land development in Palm Hills will require the approval of a Specific Plan(s).To assist in
the creation of such a plan(s)and to help the Planning Commission and the City Council in decision-making,the General
Plan includes studies related to biology, cultural resources, geotechnic concerns and traffic. The purpose of a Specific
Plan will be to establish a land-use pattern consistent with the stringent goals and objectives of this General Plan.The
specific plan is both a tool and a protective program to provide the further detailed study necessary to assure the
appropriateness and compatibility of any specific development proposal.
The City of Palm Springs recognizes the efforts of the Bureau of Land Management, the Coachella Valley Mountains
Conservancy and other groups to preserve the Santa Rosa Mountains in their natural state,The City's General Plan is set
forth with the precept that limited high-quality development can occur in the Pahn Hills area and coexist with the general
goals of conserving natural resources.While the City will be working implement its General Plan,it will cooperate with
these groups to facilitate conservation to the extent that such cooperation is consistent with this General Plan.
Intent: To create the highest quality resort and residential area in the Coachella.Valley while maintaining environmental
sensitivity and developing a methodology for multi-property owner participation,Land uses shall emphasize the concepts
of cluster development modules for permanent residential uses and Large-scale Resorts.Credit for density transfer shall
be awarded where sensitive biological habitats,including hillsides,washes,canyons, etc„are protected and dedicated as
permanent open space.To implement this intent,an innovative and interactive planning process will be necessary which
will involve and analyze all the factors effecting development in Palm Hilla.
Specific Plans shall be shall be adopted entailing the following elements:
1. The minimum area to be addressed by a specific plan is delineated as one of four(4) sub-areas on the Palm Hills
General Plan Map.The Plan should be a cooperative effort of the affected properties and shall address the expected
potential(s)of any subarea(s)to the north of the subject subarea,including growth-inducing and cumulative itttpso*
The approval of any Specific Plan for the Palm Hills area shall include a fording that such plan is consistent with
goals and policies of the General Plan.The,boundaries of the Specific Plan areas may be altered to consider logi
access and infrastructure requirements,smaller subareas maybe allowed to submit independent specific plans if it can
be demonstrated that there is no planning relationship with the larger subarea and if the planting of the larger subarea
will not be negatively affected."
8 4
I
i
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO .
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND'SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
At page I-23 of the General Plan,the following shall be deleted in its entirety:
"2. Engineered(schematic)roadway alignments showing rough cut/fill, bridges and animal pass-thrus, gradients and
visual impacts. Traffic mitigation shall be analyzed including the alternative of aligning the main access road with
Gene Autry Trail, controlled access (tolls, etc.) and lane restrictions, Area Plans for Palm Hills must mitigate any,
impact to the City's circulation system to Level of Service"D"CV on E.Palm Canyon Dr.)or better or shall not be
approved:
3. A program for infrastructure financing.
4. A full Environmental Impact Report with a focus on biological concems including,but not limited to,threatened,rare
and endangered plant and animal species, infrastructure development(including circulation)and its impacts, visual
resources and drainage.Area Plans for Pahn Hills should mitigate any impact to biological habitats to the satisfaction
of the City or may not he approved.
S. A cooperative program for the exchange of public and private lands for the purpose of creating both proper
development'areas and viable habitat conservation areas;the City shall assist in the development of such a program.
Public lands which are not used as part of a development project may not be credited,for density transfer proposes,to
an off-site development.
6. A program for the permanent preservation of open space, with the purpose to mitigate wildlife habitat loss and to
provide recreation amenities, in accordance with the programs of the Bureau of Land Management, the State Park
proposal, the Santa Rosa Mountains Conservancy Plan,the Bighorn Sheep Management Plan and any other active
conservation program/plan to the extent that they are not in conflict with this General Plan.In order to preserve the
scenic beauty, the frontal slopes of the Santa Rosa Mountains which are visible from the desert floor shall be
preserved as open space.
9. Target land uses and number of units:
[Except as noted,land use is governed by the following descriptions and by the policies of the General Plan,and is not
shown on the map.The required Specific Plan(s) shall provide a detailed land use plan;the ability to develop the target
number of units is dependent upon compliance with the goals and policies of the General Plan, and upon the future
availability of public lands for exchange or development.Units should be concentrated in areas with natural slopes of 10%
or less in steepness with overall density in such area in the range of Ys-2 units/acre.No units may be assigned to areas
with natural slopes in excess of 30%,Densities in areas with slopes between 10%and 30%shall generally be between one
unit/2 Yz acres and one unit/20 acres.
Each Specific Plan shall develop a detailed density allocation formula to assign units to individual properties in a manner
meeting the criteria of this section, and also assure that the units are fairly allocated to all properties with development
potential. Properties fast proposed for development shall not capture a disproportionate share of the potential
development assured under the Specific Plan,but nothing herein shall prevent the City from considering the drainage,
wildlife habitat and slope characteristics,and other goals and policies of the General Plan in reviewing the development of
such allocation formulae.
The Bureau of Land Management has developed the position that none of its holdings are to be developed or traded for
development or used to provide access to development where such access may harm sensitive animal species.The target
numbers established herein for analytical purposes may be modified by the City by General Plan Amendment provided
that the resultant impacts of any alternative under a specific plan can be effectively mitigated.]"
At page I-24 of the General Plan,the following shall be deleted 1n its entirety:
"PH-1- Resort Hotel,Attached&Detached Residential
Target—1200 units(3000 population)
PH-2A- Resort Hotels, Golf Courses, Attached & Detached Residential, and Accessory
Commercial/Service Uses
- Target—1840 units(4600 population)
PH-2E- Resort Hotels, Golf Courses, Attached & Detached Residential, and Accessory
Commercial/Service Uses
Target—960 units(2400 population)
PH-3- Attached&Detached Residential,and Accessory Commercial/Service Uses
Target—1000 units(2500 population)
Target Number of Units—5000
Target Population Range—3,350—12,500
At page H-8 of the General Plan,the following shall be deleted in its entirety:
"5.4.5. Windfarm development on hillsides visible from scenic highways and corridors or on slopes of 15% or greater
• should demonstrate no significant adverse aesthetic impacts,orprovide adequate mitigation,prior to approval,"
0
9
IN1TIATIVE MEASURE TO-BE SUBNffrnD DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS •
The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:
TITLE: INITIATWE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'Cenral Plan,
as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN") designation
within the City of Palm Springs,
The new MTN area is designated by map and includes not only mountainous terrain,but also such areas so Palm Hills,land adjacent to the
Son Jacinto end Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter terrain.
The new MTN area would be subject to the following restrictions:
1, No property may be subdivided smaller than forty(40)acres per parcel;
2. Only single-family residences would be permitted.and only one residence per parcel;
3. The maximum floor area for the entire residence would be limited to 5,000 square feet;
4. The maicimum development area per parcel would be limited to 10,000 square feet;
5. The maximum height for any structure would be limited to eighteen feet.
The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been
secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters.
Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and
zoning.The area is classified in severed categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to
two dwellings per 5 acres are permitted),or"Very Law Density"(where one to two dwellings per acre are permitted).The Rural and Very Low
Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. In certain
circumstances,a building height limit of 30 feet is permitted.
In addition,the City's General Plan and zoning currently prohibits development an slopes of thirty percent or greater.Such areas we also
not counted for purposes of calculating density.
If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results,
NOTICE TO THE PUBLIC:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY
PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A
MISDEMEANOR. COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE
TO THE SECRETARY OF STATE'S OFFICE.
All signers ojthfs peririon must be registered voters of the City of-Pain,Springs.
OFFICIAL Springs, USE ONLY
1. NntName: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
2. PdntName: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
3. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
4. Print Name: Residence Address ONLY:
Signature,A.Registered to Vale: City: Zip;
5, Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
6. PrintNamm Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
7, Print Name: Residence Address ONLY:
Signature;As Registered to Vote: City: Zip: - tl
8. Print Name: ReAdenceAddress ONLY: a t4 1
Signature,As Registered m Vote; City: Zip:
s
if) ° --
!,'_'ml 111Y•-R IIyeM1f !_,eL ren:YVI rnF.,� ir.-tea/ 1.,,'•.�1 �- y k a F • .-. Y F - J �i..-�,
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS
The City Attorney has proposed the following title and summary of the chiefpurpose and points of the proposed measure;
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
SUMMARY:'lids initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs' General Plan,
as adopted in 1993,and enact new General Plan requirements,Specifically,this amendment would create a Mountain Region("MTN"DI designation
within the City of Palm Springs.
The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the
San Jacinto and Santa Rosa Mountains,alluvial fdt areas(including Chino Cone),and flatter terrain.
The new MTN area would be subject to the following restrictions:
L No property may be subdivided smaller than forty(40)acres per parcel;
1 Only single-family residences would be permitted,and only one residence per parcel;
3. The maximum floor area for the entire residence would be limited to 5,000 square foot;
4.. The maximum development wea per parcel would be limited to 10,000 square feet;
5. The meo unum height for any structure would be limited to eighteen feet.
The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been
secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters.
Most of the am designated MTN by this initiative amendment is already subject to restrictions under the City's current General plan and
zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),'Rural"(where one to
two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per note are permitted).The Rural and Very Low
Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet, In certain
circumstances,a building height limit of 30 feet is permitted.
In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such azeas are also
not counted for purposes of calculating density.
If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results.
NOTICE TO THE PUBLIC:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY
PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A
MISDEMEANOR. COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE
TO THE SECRETARY OF STATE'S OFFICE.
All signers of this etdnrr must he registered voters o the C' of Palm Springs. FOR OFFICIAL
8 P S .( ud' USE ONLY
9. Print Name: Residence Address ONLY:
Signature,As Registered to Vote; City: Zip:
10. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
It. Nfift Name: Residence Address ONLY:
Signature,As Registered t-Vote: City: Zip:
12. Print Name; Residence Adri ONLY:
Signature,As Registered to Vote: City: Zip:
13. Print Names Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
14, Print Name: Residence Address ONLY:
Signaric As Registered to Vote; City: Zip:
15. Print Name: Residence Address ONLY:
. Signature,As Registered to Vote: City: Zip:
16, Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip: f
II
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OP THE CITY OF PALM SPRINGS •
The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed income:
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs' General Plan,
as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN") designation
within the City of Palm Springs.
The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the
San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter terrain.
The new MTN area would be subject to the following restrictions:
L No property may be subdivided smaller than forty(40)acres per parcel;
2. Only single-family residences would be permitted,end only one residence per parcel;
3. The maximum floor area for the entire residence would be limited to 5,000 square feet;
4. The maxitaum development area per parcel would be limited to 10,000 square feet;
5. The maximum height for any structure would be limited to eighteen feet.
The restrictions established,for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been
secured for other land us&'prior to the passage of this initiative measure,if the measure is approved by the voters.
Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plat and
zoning,The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to
two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre are permitted).The Rum]and Very Low
Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet.In certain
circumstances,&building height limit of 30 feet is permitted.
In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such m'cas are also
not counted forpurposes of calculating density.
If posed by the voters,this initiative General Plan amendment would take effect upon certification of the election results.
NOTICE TO THE PUBLIC:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY
PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A
MISDEMEANOR COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE M#
TO THE SECRETARY OF STATE'S OFFICE.
All signers of this petition muss he registered voters of the City of Palm Springs. FOR OFFICIALUSE ONLY
17. Pdni Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
18, Pdnttlame: Residence Addrees ONLY:
SiEnature,As Registered to Vote: City: Zip:
19. Print Name: Residence Address ONLY:
Signature,As Registered to Von: — City: Zip:
20. Print Name: Residence Address ONLY:
Signawre,As Registered to Vote: City: Zip:
21. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
22. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
23. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
a
24. I'rintName: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
i�
r
• INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS
The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure;
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs' General Plan,
as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN") dasignathm
within the City of Palm Springs.
Tire new MTN area is designated by map and includes not only mountainous terrain,but also such meal as Palm Hills,land adjacent to the
San Jacinto and Santa Rosa Mountains,alluvial fen areas(including Chino Cone),and flatter terrain.
The new MTN area would be subject to the following restrictions:
1. No property may be subdivided smaller than forty(40)acres per parcel;
2. Only single-family residences would be permitted,and only one residence per parcel;
3. The maximum floor area for the entire residence would be limited to 5,000 square feet;
4. The maximum development area per parcel would be limited to 10,000 square feet;
5. The maximum height for any structure would he limited to eighteen feet,
The restrictions established for the MTN area would not apply to sovereign Tribal lands or to my property where a"vested right has been
secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters.
Most of the area designated MTN by this Initiative amendment is already subject to restrictions under the City's current General Plan and
zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to
two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre are permitted).The Rural and Very Low
Density designations require 70%to 75%of the property he maintained as open space and building heights are restricted to 26 feat.In certain
circumstances,a building height limit of 30 feet is perhrttted.
In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also
not counted for purposes of calculating density.
If passed by the voters,this initiative General Plan amendment would take effect upon certification ofthe election results.
NOTICE TO THE PUBLIC:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER. YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY
PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A
MISDEMEANOR. COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE
TO THE SECRETARY OF STATE'S OFFICE.
All signers o this edtion must he registered voters of the C" of Palm Springs. FOR OFFICIAL
8 l P 8 aY USEONLY
25. Pont Name: Residence Address ONLY:
Signature,As Registered to Vole: City: Zip:
26. Pont Name: Residence Address ONLY:
Signature,As Registered m Vote: City; Zip:
27. Print Name: Residence Addmss ONLY:
Signature,As Registered to Vote: City: ZIP:
28. Pont Neme: Residence Address ONLY:
Signature,As Registered to Vote: City; Zip:
29. Print Neme: Residence Addmes ONLY:
Signature,As Registered to Vote: City: Zip:
30. print Name: Residence Address ONLY: '
Signature,As Registered 0 Vote: City: Zip:
e -31. PdntNeme Residence Address ONLY:
Signature,An Registered to Vote: City: Zip:
32. Print Name: Residence Addree,ONLY:
Signature,As Registered to Vote: City: Zip:
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO ME VOTERS OF THE CITY OF PALM SPRINGS •
The City Attorney had prepared the following title and summery of the chiefitutpode and points of the proposed measure:
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'General Plan,
as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN") designation
within the City of Palm Springs.
The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the
San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter himmin.
live new MTN area would be subject to the following restrictions:
L No property my be subdivided smaller than forty(40)acres perpercet;
2. Only single-family residences would be permitted,and only one residence per parcel;
3. The maximum floor Brea for the entire residence would be Iimifed to 5,000 square feet;
4. The maximum development area per parcel would be limited to 10,000 square feet;
5. The maximum height for any structure would be limited to eighteen het
The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been
Secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters.
Most of the use designated MTN by this initiative amendment is already subject to restrictions under the Clty's current General Plan and
zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to
two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre era permitted).The Rural and Very Low
Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. In certain
circumstances,a building height limit of 30 feet is permitted.
In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also
not counted for purposes of calculating density,
If passed by the voters,this initiative General Plan smendmentwould take effect upon certification of the election results.
NOTICE TO THE PUBLIC:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER YOU HAVE THE RIGHT TO ASK. THE USE OF YOUR SIGNATURE FOR ANY
PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A
MISDEMEANOR. COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MAO
TO THE SECRETARY OF STATE'S OFFICE.
All signers o this ethion must be registered voters o the City o'Palm Springs. FOR F ONLOFFIC AL
8 l P 8 l tY JUSP ONLY
33, Pnnt Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
34. Print Name; Residence Address ONLY:
Signature,As Registered to Vote: City: zip:
35. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
36. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
37. Pdnt Name: Residence Address ONLY;
Signature,As Registered to Vote: City: Zip:
M. Print Name: Residence Address ONLY.
Signature,Ad Registered to Vote: City: Zip:
39, Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
40, Print Name: Residence Address ONLY: e"'
Signature,As Registered to Vote: City: Zip; "C Y
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS
The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
SUMMARY:This initiative General Plan amendment,if passed,would delete various portions of the City of Palm Springs'General Plan,
as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation
within the City of Palm Springs,
The new MTN area is designated by map and includes not only mountainous terrain,but also such areas as Palm Hills,land adjacent to the
San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter terrain.
The new MTN area would be subject to the following restrictions:
I. No property may be subdivided smaller than forty(40)acres per parcel;
2. Only single-family residences would be permitted,and only one residence per parcel;
3. The maximum floor area for the entire residence would be limited to 5,000 square feet;
4. The maximum development area per parcel would be limited to 10,000 square feet;
S. The maximum height for any structure would be limited to eighteen feet.
The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property wtiere a"vested right has been
secured for other land uses"prior to the passage of this initiative measure,if the measure is approved by the voters.
Most of the area designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and
caning.The Kea is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to
two dwellings per 5 acres are permitted),or"Very Low Density"(where one to two dwellings per acre are permitted).The Rural and Very Low
Density designations require 70%to 75%of the property be maintained as open space and building heights are restricted to 26 feet. In certain
circumstances,a building height limit of 30 feet is pemdned.
In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also
not counted for purposes of calculating density.
If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results.
NOTICE TO THE PUBLIC:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY
PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A
MISDEMEANOR COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE
TO THE SECRETARY OF STATE'S OFFICE.
FOR OFFICIAL
All signers of this petition must be registered voters of the City afPrs[m Springs. USE ONLY
Q. Print Name: Residence Address ONLY:
Siguarre,As Registered to Vote: City: Zip:
42. PrinlName: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
43, Print Nome: Residence Address ONLY:
Signature,M Registered to Vote: City: Zip:
44. Print Name. Residence Address ONLY:
Signature,As Registered to Vote; City: Zip:
45. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
46. Print Nome: Residence Address ONLY:
Signature,As Registered to Vate: City: Zip:
47. PdntName: ResideneeAddress ONLY:
Signature,As Registered to Vote: City: Zip:
48. PdntName: Residence Address ONLY:
I i rM
Signature,As Registered to Vote: City: Zip: s �/
1$
.�. .adv.r ..r„e. t...-.. aremr ..ra.i ■-,.r .�-,� k--�-�'--, _— _.. ,..
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO TEE VOTERS OF THE CITY OF PALM SPRINGS
The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure:
TITLE: INITIATIVE TO (1) AMEND THE CITY OF PALM SPRINGS' GENERAL PLAN TO
ESTABLISH A NEW MOUNTAIN REGION DESIGNATION FOR PROPERTY IN AND NEAR THE
SAN JACINTO AND SANTA ROSA MOUNTAINS, AND (2) REPEAL CURRENT LAND USE
REGULATIONS AFFECTING THIS AREA.
SUMMARY:This initiative General Plan amendment,if posed,would delete various portions of the City of Palm Springs'General Plan,
as adopted in 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation
within the City of Palm Springs.
The new MTN area is designated by map and includes not only mountainous terrain,but also such areas es Palm Hills,land adjacent to the
San Jacinto and Santa Rosa Mountains,alluvial fan areas(including Chino Cone),and flatter terrain.
The new MTN area would be subject to the following resnictims:
1. No property may be subdivided smaller than forty(40)acres perparcel;
2. Only single-family residences would be permitted,and only'one residence per parcel;
3. The maximum floor area for the entire residence would be limited to 5,000 square feet;
4. The maximum development area per parcel would be limited to 10,000 square feet;
5. The maximum height for any structure would be limited to eighteen feet. -
'Me restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where a"vested right has been
secured for other land uses"prior m the passage of this initiative measure,if the measure is approved by the'voters.
Most of the Brea designated MTN by this initiative amendment is already subject to restrictions under the City's current General Plan and
zoning.The area is classified in several categories including"Open Space"(where one dwelling per twenty acres is permitted),"Rural"(where one to
two dwellings per 5 acres are permitted),or"Very Low Density'(where one to two dwellings per acre are permitted).The Rural and Very Low
Density designations require 70%to 75%of the property be maintained as open space and building heights we restricted to 26 feet. In certain
circumstances,a building height limit of 30 feet is permitted.
In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such areas are also
not counted for purposes of calculating density. i
If passed by the voters,this initiative General Plan amendment would take effect upon certification of the election results.
NOTICE TO THE PUBLIC:
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER YOU HAVE THE RIGHT TO ASK THE USE OF YOUR SIGNATURE FOR ANY
PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A
MISDEMEANOR COMPLAINTS ABOUT THE MIS-USE OF YOUR SIGNATURE MAY BE MADE
TO THE SECRETARY OF STATE'S OFFICE.
FOR OFPICIA
All signers of thispetition must be registered voters of the City of Palm Springs. USEONLY
49. Print Name: Residence Address ONLY:
Signature,As Registered to Vote: City: Zip:
50. Print Name; Residence Address ONLY:
Signaturo,As Rovstered to Vote: City: Zip:
DECLARATION OF CIRCULATOR
(To be completed after above signatures have been obtained.)
I, ,am registered to vote in the City of Pabn Springs or qualified to register as a voter of the City.
(printname)
My residence address is
(street address,city,stale,zip)
I personally circulated this section of the petition and witnessed each of the appended signatures being vnitten.Each signatmre on this
petition is,to the best of my knowledge and belief,the genuine signature of the person whose name it purports to be.All signatures on
this document were obtained between the dates of and
(month,day,year) (month,day,year)
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on: ,2004,at
(month and day) (place ofsigning--city and state)
(complete signature of cimulatar,including middle name or inidal)
NOTICE TO CIRCULATORS: PLEASE DO NOT DETACHANYPORTION OF THIS DOCUMENT.
URGENT.• ALL SIGNATURES INVALID IFYOUFAIL TO SIGN AS CIRCULATOR
t6
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE SUBMISSION
OF A PROPOSITION FOR INCURRING BONDED DEBT TO THE
QUALIFIED VOTERS OF THE CITY OF PALM SPRINGS AT THE
SPECIAL ELECTION TO BE HELD ON MARCH 8, 2005 FOR
THE PURPOSE OF FINANCING THE ACQUISITION OF REAL
PROPERTY FOR OPEN SPACE, WILDLIFE HABITAT AND
CONSERVATION PURPOSES WITHIN THE MOUNTAIN
REGION ESTABLISHED BY MEASURE " " AND TO
COMPENSATE PROPERTY OWNERS FOR TAKINGS WHICH
MAY ARISE IN CONNECTION WITH SAID MEASURE SHOULD
SUCH MEASURE BE ENACTED
WHEREAS, an initiative measure ("Initiative") to establish a Mountain Region ("Region")
designation over 55.5 square miles of land in the City of Palm Springs (the "City") and limit
development to one residential unit per 40 acres of land within such Region was circulated and
received sufficient signatures to be placed on the ballot, and on September 13, 2004 was
declared sufficient by the City Clerk; and
WHEREAS, the City Council on November 10, 2004 determined to place the measure
on the March 8, 2005 ballot along with certain other measures; and
WHEREAS, the City Council has received written claims from various property owners
alleging a substantial diminution of their property values if Initiative is enacted, that they will be
deprived of all value of their property, and that there is not sufficient public benefit to justify the
enactment of such regulations, and that a regulatory taking of property without just
compensation will result from the Initiative; and
WHEREAS, the City Council has determined that general obligation bonds should be
issued for the purpose of raising monies to acquire property for open space, wildlife habitat and
conservation purposes within the Region and to compensate property owners for legally valid
claims for just compensation should the Initiative be approved; and
WHEREAS, the City Council has heretofore adopted, by a two-thirds vote of all the
members of said Council, Resolution No. entitled "A Resolution of the City Council of the
City of Palm Springs, California, Determining That Should Measure _ be Adopted, the Public
Interest and Necessity Demand the Acquisition of Real Property for Open Space, Wildlife
Habitat and Conservation Purposes within the Mountain Region Established by Measure_and
to Compensate Property Owners for Takings which may arise in connection with said Measure
—and Making Findings Related Thereto" (the "Resolution"); and
WHEREAS, this City Council has determined to finance the acquisition of real property
for open space, wildlife habitat and conservation purposes within the Region and to compensate
property owners for takings which may arise in connection with the Initiative through the
issuance of general obligation bonds consistent with the provisions of Article XIIIA of the
• California Constitution, Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of
Title 4 of the California Government Code and the Charter of the City of Palm Springs; and
01003/0007/35451.03 _
WHEREAS, the City Council intends to use a portion of the proceeds of the bonds to •
acquire land within the Mountain Region as defined in the Initiative for open space, wildlife
habitat and conservation purposes and to compensate property owners where legally necessary
for a partial or total taking of their property in the event a court of competent jurisdiction
determines that the Initiative, though constitutional on its face, constitutes an unconstitutional
taking of property as applied; and
WHEREAS, in order to provide for the issuance by the City of its general obligation
bonds to finance the improvements described in the Resolution it is necessary for this City
Council to pass an ordinance ordering the submission of the proposition of incurring bonded
indebtedness for such purpose to the qualified voters of the City at a special municipal election
("Special Election"); and
WHEREAS, the City Council desires to submit said ballot measure to the qualified voters
of the City at Special Election to be held in the City on March 8, 2005 in conjunction with
Initiative itself; and
WHEREAS, the City Council desires to consolidate the Special Election with the election
to be held within the City on March 8, 2005, and within the territory affected by the
consolidation.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
ORDAINS AS FOLLOWS:
SECTION 1. That there shall be and there is hereby ordered a consolidated Special
Election, to be held on March 8, 2005, for the purpose of submitting to the qualified electors of
said City, the proposition set forth below.
SECTION 2. That said proposition shall appear on the ballot for said Special Election in
the following form:
OPEN SPACE PRESERVATION WITHIN THE
MOUNTAIN REGION
Shall General Obligation Bonds in an amount up to
$150 million be issued to acquire real property for
open space, wildlife habitat and for conservation Yes
purposes, and where legally necessary to
compensate property owners for a taking of their No
property, within the 55.5 square mile Mountain
Region in the event Measure _is adopted?
The City Council does hereby submit to the qualified voters of the City, at said Special
Election, this Ordinance and the proposition set forth above.
SECTION 3. The object and purpose of incurring the indebtedness is, within the 55.5
square mile Mountain Region as defined in the Initiative, to permit the acquisition of real
property for open space, wildlife habitat and for conservation purposes, and where legally
necessary to compensate property owners for a taking of their property in the event the Initiative
is adopted and all costs related to the foregoing purposes as specified herein (the
"Improvements'). The Improvements constitute a single purpose under Section 43609 of the
California Government Code. q
SECTION 4. The maximum estimated cost of the Improvements is 150 million dollars
($150,000,000.00). The estimated cost includes (a) the actual costs of land acquisition, (b) the
costs of appraisals, escrows, title, and related real estate costs, (c) the costs of improvements
necessary to promote wildlife habitat, conservation, drainage and recreational purpose, (d) all
consulting, expert, design and other professional service costs, (e) all necessary administrative
and management costs, (f) all attorney fees, expert witness and litigation costs related to
defending the Measure or litigation taking, inverse condemnation or other such claims or related
to the other purposes hereof, (g) the legal and other fees incidental to or connected with the
authorization, issuance and sale of the bonds, and the cost of printing the bonds and other costs
and expenses incidental to or connected with the issuance and sale of the bonds, and (h) any
other cost reasonably related to carrying out the purposes of this Measure.
SECTION 5. The following accountability measures are hereby made a part of this
Measure and Ordinance.
(a) The specific purposes of the bonds are as stated in Sections 3 and 4 above. It is
expressly stated that to the extent funds are utilized to pay to compensate property owners for
takings of property, such funds may only be expended for such purposes to pay judgments
issued in legal proceedings decided adverse to the City, or to settle such lawsuits where the
settlement is sanctioned in an administrative or judicial proceeding and to pay the cost of
defending such actions.
(b) The proceeds of the bonds shall be applied to only the purposes stated above.
(c) The proceeds of any bonds issued pursuant to this Measure and Ordinance shall be
placed in a fund designated as the "Mountain Region Acquisition Fund".
(d) The Finance Director and Treasurer of the City shall file an annual report with the
City Council pursuant to Section 53411 of the Government Code.
SECTION 6. The amount of the principal of the indebtedness to be incurred is not to
exceed 150 million dollars ($150,000,000.00). The maximum rate of interest to be paid on the
indebtedness shall be eight percent (8%) per annum, or such higher rate as may be permissible
by the laws established for general obligation bonds of the City by the Legislature of the State of
California.
SECTION 7. The City Council does hereby submit to the qualified voters of the City, at
said Special Election to be held on March 8, 2005, this Ordinance and proposition set forth in
Section 2 hereof. The City proposes to acquire the Improvements and to issue and sell general
obligation bonds of the City pursuant to Article 1, commencing with Section 43600, of Chapter 4
of Division 4 of Title 4 of the California Government Code, in one or more series, in the
maximum amount and for the objects and purposes set forth above if two-thirds of all qualified
voters voting on the proposition set forth above vote in favor thereof. The bonds are to be
general obligations of the City payable from and secured by taxes levied and collected in the
manner prescribed by laws of the State of California. All of said bonds are to be equally and
ratably secured, without priority, by the taxing power of the City.
SECTION 8. The polls for said election shall be open on the day of said election in
accordance with the California Elections Code.
SECTION 9. The Special Election hereby called for _March 8, 2005, shall be and is
hereby ordered consolidated with any other election to be held within the City on said date, and
within the territory affected by the consolidation. The election shall be held and conducted in
accordance with the provisions of law of the State of California. The Board of Supervisors of the
County of Riverside ('Board") and the Riverside County Registrar of Voters (the 'Registrar"), are
hereby requested to order the consolidation of the municipal election hereby called with any
other election to be held within the City on said date, and within the territory affected by the
consolidation, and the Board and the Registrar are hereby authorized to canvass the returns of
said municipal election, and said municipal election shall be held in all respects as if there were
only one election and the form of ballot shall be as provided for the Special Election. Said
Board shall certify the results of the canvass of the returns of said municipal election to the City
Council which shall thereafter declare the results thereof.
SECTION 10. All persons qualified to vote at the Special Election in the City upon the
date of the election herein provided for shall be qualified to vote upon the proposition submitted
at said Special Election.
SECTION 11. Ballots for the election shall be provided in the form and in the number
provided by law. On said ballots, in addition to any other printed matter which may be required
by law, two voting squares shall be set off to the right of the proposition submitted at the
election, in the manner provided by law, one having the word "YES" printed before it, and the
other having the word "NO" printed before it.
SECTION 12. Each voter to vote for the proposition and for the incurring of said
indebtedness shall stamp or write a cross, or indicate by hole punch, computer, of other means,
in the blank space opposite the word "YES" on the ballot to the right of the proposition; and each
voter to vote against the proposition and against the incurring of the indebtedness shall stamp
or write a cross, or indicate by hole punch or other means, in the blank space opposite the word •
"NO" on the ballot to the right of the proposition.
SECTION 13. This Ordinance shall be published once a day for at least seven days in a
newspaper published at least six days a week in the City, or once a week for two weeks in a
newspaper published less than six days a week in the City.
SECTION 14. That the City Clerk is hereby directed to file this Ordinance with the Board
of Supervisors of the County of Riverside and the Registrar of Voters, the election official of the
County of Riverside.
SECTION 15. That the City Council authorizes election expenses to be paid to the
County upon presentation of a properly approved bill.
SECTION 16. That the City Clerk is hereby directed to publish notice of the election and
a synopsis of the measure pursuant to Section 6061 of the Government Code and Section
12111 of the Elections Code.
SECTION 17. That the City Council, pursuant to Elections Code 9280, hereby directs
the City Clerk to transmit a copy of this Ordinance to the city attorney. The City Council hereby
directs the city attorney, upon receipt of these items, to prepare an impartial analysis of the
measure showing the effect of the measure on existing law and the operation of the measure
pursuant to the Elections Code.
SECTION 18. That the City Clerk is hereby authorized to receive arguments for and
against the measure, and rebuttal arguments, make such arguments available for public
examination and transmit such arguments to the Registrar of Voters and take such other action
as may be necessary pursuant to the Elections Code to accomplish the purposes set forth in
this Ordinance.
SECTION 19. That the City Council hereby directs the City Finance Director to prepare
or cause to be prepared the tax rate statement required pursuant to Section 9401 of the
Elections Code and to submit such statement to the City Clerk to be included in the election
material within the times required by the Elections Code.
SECTION 20. This Ordinance shall become effective immediately upon its adoption by
two-thirds vote of all the members of the City Council, but the bonds authorized hereunder may
only be issued after adoption by the voters as set forth herein.
SECTION 21. The proposition shall be adopted upon a two-thirds vote of the electorate
voting in favor of the proposition at the Special Election.
SECTION 22. That should this Ordinance be enacted by the voters, the City Council
shall be authorized to determine the timing and series in which such bonds shall be issued and
the manner in which all funds shall be expended, and shall have the authority to enact all
measures necessary to carry out the purposes of this Ordinance. This Measure shall be
liberally construed to carry out its purposes.
SECTION 23. CEQA Finding. Adoption of this ordinance is not subject to CEQA by
virtue of CEQA Guideline 15378(b) (4), as the creation of a government funding mechanism
which does not involve any commitment to any specific project is not a "project." In the
alternative, even if this funding mechanism could be found to be a project under CEQA, it would
be categorically exempt from CEQA pursuant to 14 California Code of Regulations Sections
e15307, 15308„15313 and15262.
SECTION 24. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance. The City Council hereby declares that it would have adopted this Ordinance
and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or portions
thereof may be declared invalid or unconstitutional.
ADOPTED AND APPROVED this day of 2004.
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By: By:
City Clerk Mayor
• REVIEWED AND APPROVED AS TO FORM: