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HomeMy WebLinkAbout11/10/2004 - STAFF REPORTS (2) DATE: November 10, 2004 (continued from November 3, 2004) TO: City Council FROM: Acting City Clerk CALLING OF A SPECIAL ELECTION —TWO MEASURES INITIATIVE PETITION ENTITLED "INITIATIVE TO 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 REPEAL CURRENT LAND USE REGULATIONS AFFECTING THIS AREA" AND PALM HILLS REFERENDUM ENTITLED "REFERENDUM AGAINST RESOLUTION PASSED BY THE CITY COUNCIL RESOLUTION 20994" RECOMMENDATION: That the Council consider calling an election to be held March 8, 2005, a Special Municipal Election, two measures, and the designation of authors for the ballot arguments. BACKGROUND: At the November 3, 2004, Council meeting, staff was directed to present resolutions calling a Special Election to be held March 8, 2005, explore other election possibilities to include an all mail ballot election, and costs. The City Charter states: "Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict of this Charter." A Brief History Mail ballot elections were first authorized in the California's Election Code in 1976 with limitations to special districts. In 1977, Monterey County was the first county to hold a mail ballot special district election for 45,000 registered voters, followed by San Diego County, which held a mail ballot district election involving 72,000 registered voters, and Los Angeles County involving 90,000 registered voters. In 1981, the City of San Diego held the largest mail ballot election to date in the United States. In the case of each of the jurisdictions holding mail ballot elections, there appeared to be a significant increase in voter turnout and decrease in the cost of the election. In 1992, the State legislature enacted a mail ballot pilot program in Stanislaus and Placer Counties. Prior to that time, the City of Modesto, because of its Charter status, had already conducted several mail ballot elections for 90,000 of its registered voters. In 1993, the City of Modesto conducted its regular Council election by mail. The majority of the other cities and agencies within the County also conducted their elections by mail. Voter turnout in the City of Modesto increased from 28.8% to 44.4% for similar elections. The overall county turnout increased from 19% to 44.2%. The cost of Modesto's election decreased dramatically. The total cost of the mail ballot election was $43,445. The same election would have cost almost $102,000 if it had been conducted as a traditional precinct election. Other successful mail ballot elections have also been held in California, including the Cities of Berkeley, Burbank, Fairfield, Napa, Riverside, Seal Beach and Santa Cruz County. As of this writing I have received statistics for the Cities of Napa and Riverside, as shown below: City of Napa Date of Election Type of Election Voter Turnout March 1997 All Mail Ballot 44% March 1999 Traditional Precinct 28% March 2001 Traditional Precinct 35% March 2003 Traditional Precinct 33% City of Riverside Date of Election Type of Election Voter Turnout June 1996 All Mail Ballot 32.9% January 1997 All Mail Ballot 31.2% November 1997 Traditional Precinct 26.6% January 1998 All Mail Ballot 27.8% Total number of registered voters in the City of Palm Springs is 25,998, and of these voters 7,015 are permanent absentee voters. Shown below is the voting history of our elections: Date of Total Number of Total Total Voter Absentee Election Registered Voters Ballots Cast Turnout Ballots Cast November 1999 20,285 8,399 41.4% 12.4% November2001 21,599 8,444 39.1% 10.3% April2002 22,208 8,028 36.2% 13.0% November 2002 24,500 13,219 54.0% 21.2% November2003 23,176 11,350 49.0% 21.4% The City of Riverside adopted an ordinance in 1996 allowing Special Municipal Elections to be conducted wholly by mail ballots. Their City Charter is near identical to ours relating to the conduct of elections; therefore, the draft ordinance included with this staff report is near identical to their ordinance allowing Special Municipal Elections to be mail ballot elections. The City Attorney's Office has prepared a draft ordinance allowing the Council calling any Special Municipal Election to be conducted wholly by mail ballots. In the past, Palm Springs generally follows the state Election Codes; however, the City has the authority to establish its own procedures by ordinance as allowed by the Charter. State law allows for all mail ballot elections in some cases; however, none of the cases are permitted in IRa H:\USERS\C-CLK\ELECTION\MEASURES\SR1-Hillside and PalmHills 11-10.doc Page 2 of 4 State law applies to either the Mountain Region/Hillside Initiative or Palm Hills Referendum. Therefore, the City may adopt an ordinance allowing all mail ballot elections. Costs Staff was directed to explore all possibilities; therefore, an elections consultant, Martin & Chapman has been contacted to explore and provide an alternative to ROV providing election services for this election. Alternative A The estimated cost to hold a traditional precinct stand alone Special Municipal Election will be $75-85,000 all inclusive through the Riverside County Registrar of Voters Office (ROV). Alternative B The estimate cost to hold an all mail ballot Special Municipal Election will be $45- 55,000 all inclusive through the Riverside County Registrar of Voters Office (ROV). Alternative C The firm Martin & Chapman is the primary elections contractor in the State of California. This firm provides elections services, supplies and guidance to more than 400 cities, counties, districts, organizations and associations within the State, and has done so for more than thirty years. Martin & Chapman has provided the City with an estimate of $35-40,000 for their services to conduct a traditional precinct stand alone Special Municipal Election. It should be noted there are some services they will not be able to provide; therefore, the Office of the City Clerk shall procure these services separately, they include postage, the recruitment of precinct officers, securing the polling sites, cost of polling sites, cost of precinct officers, obtaining the voter registration data base from ROV, and the verification of signatures on all absentee and provisional ballots received. The Office of the City Clerk will require extra temporary staff in order to perform the additional workload relating to the election. Services not provided by Martin & Chapman is estimated to be $35,800 to $40,000; therefore, the total cost for the election is estimate to be $70,800 to $80,000. ` �\3 H:\USERS\C-CLK\ELECTION\MEASURES\SR1-Hillside and PalmHills 11-10.doc Page 3 of 4 Summary of Alternatives Alternative A Traditional Precinct Stand Alone Special Election $75,000 to 85,000 Riverside County, Registrar of Voters Alternative B All Mail, Ballot Stand Alone Special Election $45,000 to 55,000 Riverside County, Registrar of Voters Alternative C Traditional Precinct Stand Alone Special Election $70,800 to 80,000 Martin & Chapman Kathie Hart David H. Ready Acting City Clerk City Manager 1. Draft Ordinance relating to mail ballot elections 2. Resolution—Calling of an Election—Hillside Initiative 3. Resolution—Calling of an Election — Palm Hills Referendum 4. Resolution—Designation of Authors for the Ballot Argument - Hillside Initiative 5. Resolution — Designation of Authors for the Ballot Argument - Palm Hills Referendum H:\USERS\C-CLK\ELECTION\MEASURES\SR1-Hillside and PalnnHills 11-10.doc Page 4 of 4 WMA ALESHIRE & WYNDER, LLP ATTORNEYS AT LAW www.awaaorn 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: NOVEMBER 10,2004 FILE: 01003-0001 RE: BALLOT MEASURES FOR MARCH 2O05 ELECTION At the City Council meeting on November 3, 2004, the Council directed staff to prepare resolutions to place the Palm Hills Referendum measure and the Mountain Region Initiative on the March 2005 ballot. This has been completed. The Council also directed that this office provide alternative, related measures for Council consideration. As you are aware, the referendum/initiative measures have been brought forward by petition of the voters. In addition to petition-initiated ballot questions, measures may also be placed on the ballot directly by the City Council, in accordance with Elections Code 9222. These alternatives are offered conceptually. If the Colmcil is interested in any of these measures, they should be more fully developed for the Council meeting of December 1, 2004, as the Council has until December 10, 2004, to place a measure on the March 2005 ballot. The conceptual alternatives may include: 1. Downzoning of Chino Cone, Highway III area. The City has adopted an urgency ordinance which downzones the permitted density in the Chino Cone area by about 50%. A ballot measure could be developed around this urgency ordinance to provide reduced zoning on a permanent basis. 2. Zoning Restrictions in the Hillside Areas. The City could place before the voters a Hillside ordinance which establishes restrictions in the mountain areas above the toe of the slopes. A part of this program could include developer contributions for habitat and open space acquisition. 01003/0001/35819.01 Hon. Mayor and Members of the City Council November 10, 2004 Page 2 3. Mountain Initiative Acquisition Fund. As we noted in a recent memorandum to the Council, the Mountain Initiative measure may constitute a "taking" of certain parcels of land entitling property owners to reasonable compensation for the value of their land. A fund could be created to buy land for open space or to compensate property owners for damages. This Fund would be created through a general obligation bond measure which must be approved by the voters. The above topics are meant to get the Council thinking about options it may have for alternative ballot measures. There may be other ideas which should be explored and researched as well. As a final note, normally any general plan or zoning ordinance amendment must comply with the California Environmental Quality Act ("CEQA"), which may require an EIR for City actions that have significant environmental effects. However, CEQA provides an exception for acts that result from petition-initiated ballot measures. Therefore, no EIR is required for the Palm Hills Referendum and the Mountain Region Initiative, if they are adopted. In contrast, any measure placed on the ballot by the City Council may be subject to CEQA requirements. (Friends of Sierra Madre v. City of Sierra Madre (2001) 25 Cal.01 165.) Potentially, we could adopt advisory measures that are contingent on proper CEQA review. [END OF MEMORANDUM] 01003/0001/35819.01 M1 XLESHIRE & WYNDER, LLP ATTORNEYS AT LAW www.awattouteys.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 26r CC: DAVID READY,CITY MANAGER TROY BUTZLAFF,ASSISTANT CITY MANAGER KATHIE HART,ACTING CITY CLERKNOVEMBER 10,2004 DATE: NOVEMBER 10,2004 FILE: 01003-0001 RE: ALL MAIL BALLOT ELECTION 1. INTRODUCTION& SUMMARY OF CONCLUSIONS Our office was asked to research the policies and procedures for conducting an all mail ballot election. Tonight, the Palm Springs City Coimcil will begin consideration of whether to call an all mail ballot election to decide the Palm Hills Referendum and Mountain Region Initiative. Here is a summary of our conclusions: 1. Under the Palm Springs Charter, the City may hold an all mail ballot election, however, if the City Council wishes to call an all mail ballot election it must adopt an ordinance permitting such an election. 2. Normally, all mail ballot elections are held in May, June or August, so that they do not conflict with traditional election dates. Alternatively, the Council may call for another election date (e.g., March 2005) if provided for in the ordinance. 3. If the Council wishes to use the March election date, although the resolutions calling the election need to be adopted, the ordinance on the mail out elections may have a somewhat longer time frame as the actual physical preparations for the March election probably do not occur until January. Moreover, as the ordinance relates to an election, it may be adopted on an urgency basis. 4. If the Council wishes to adopt an ordinance to hold an all mail ballot election, there are some policy decisions to be made. For example, should the Council authorize a one- time all mail ballot election for 2005, or should it provide that any future election may be held by mail? Should the ordinance follow the preferred all mail ballot election dates (May, June or August), or should the City be permitted to hold an all mail ballot election on any other date(s). e s 01003/0001/35810.01 David J. Aleshire November 10, 2004 Page 2 II. ALL MAIL BALLOT ELECTIONS A. State Law Permits All Mail Ballot Elections in Specific Cases. State law permits some jurisdictions to conduct elections in certain circumstances exclusively by snail. In other words, instead of giving voters the choice whether to vote by mail or vote at the polls, in some cases a city may conduct an election where all votes are cast by "absentee ballot." Elections code § 4000-4002 sets forth the conditions which must exist for a city to hold an all mailed ballot election. For example, an election to impose special taxes, or to issue general obligation bonds, or an election held by certain water districts, may be conducted by an all mailed ballot election. Also, a city with a population of less than 100,000 may hold an all mail ballot election to fill a vacancy on the city council. A city with 1,000 or fewer registered voters may conduct all of its elections by all mailed ballots. However, among all the exceptions, there is no exception that would permit Palm Springs to vote on the Mountain Region Initiative or the Palm Hills Referendum by all mail ballot election. B. City Charter Allows Different Procedures. Palm Springs City Charter gives the City flexibility to hold an all mailed ballot election. Section 802 of the City Charter provides: "SECTION 802. Procedure for Holding Elections. Unless otherwise provided by ordinance, all elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or hereafter may be amended, for the holding of municipal elections, so far as the same are not in conflict with this Charter." This provision clearly gives the City Council some flexibility to adopt an ordinance to modify the procedures for holding elections. Interestingly, the City of Riverside has a similar charter provision. Section 502 of the Riverside City Charter reads: "SECTION 502. Compliance with State law. Unless otherwise provided by ordinance hereafter enacted, all elections shall be held in accordance with the provisions of the Elections Code of the State of 01003/0001/35810 01 David J. Aleshire November 10, 2004 Page 3 California, as the same now exist or hereafter may be amended, for the holding of elections in cities so far as the same are not in conflict with the Charter." In 1996, in order to permit the City to hold an all mail ballot election, the City Council of the City of Riverside adopted this municipal code provision: "Section 1.15.020. Mail-in ballot elections. The Coinicil may call special municipal elections to be conducted wholly by mail ballots. Such elections shall be conducted in accordance with the provisions of California Elections Code § 4100 et seq. as those sections now exist or hereafter are amended. This section is enacted under authority granted by Section 502 of the Charter of the City of Riverside." It appears that Riverside went through this very issue and concluded that it's city charter gave its council authority to adopt an ordinance calling for all-mail ballot elections. This confirms my conclusion that Palm Springs may call such an election for 2005. C. Time for Holding Elections. Elections Code section 1500 provides: "The established mailed ballot election dates are as follows: (a) The first Tuesday after the first Monday in May of each year. (b) The first Tuesday after the first Monday in June of each even-numbered year. (c) The last Tuesday in August of each year." Since 2005 is an odd-numbered year, the only available dates for a mailed ballot election under State law is May 3rd or August 2nd. As noted above, however, it appears the City has flexibility to modify its procedures for holding elections. Since Section 802 of the Palm Springs City Charter gives flexibility to the Council to modify, by ordinance, the City's election procedures, I believe the City can probably can call an all mailed ballot election for March 2005, provided it does so by ordinance. However, if the City chose to set an all mail ballot election in March, such an election would now conflict with Elections Code 1500. According to Acting City Clerk Kathie Hart, other cities have called for all mail ballot elections to coincide with regular statewide election dates. There are some concerns the City Council should consider when deciding whether to set an all mail ballot election in March 2005. 01003/0001/35810.01 David J. Aleshire November 10, 2004 Page 4 First, since calling an all mail ballot election in March 2005 would conflict with the Elections Code, there is an argument that the Council is deviating too far from the Elections Code procedures. An argument could be made that, while the Council has the authority to call an all mail ballot election, it should comply with the dates for holding such an election. Holding the election on May 3rd, instead of March 8, 2005, those looking to challenge the move to call an election (either the initiative proponents or opponents) would lose one argument - that the City violates Section 1500. Second, according to Darrin Chessin, Chief Consultant to the State Senate Committee on Elections and Reapportionment, there was a reason for setting all mail ballot elections on different dates than traditional elections. Regular statewide elections, where voters go to the polls, can occur in March and November of each year. Regular elections may also be held in April in even number years, or June in odd number years. The state intentionally chose different months for all mail ballot elections to avoid confusion. There was great concern that some jurisdictions would have an all mail ballot election on some matters, while other matters would be voted upon in a traditional election where the voter has the choice to go to the polls or vote absentee. Another concern in setting the all mail ballot election dates came from the County Registrars. It is more efficient for them to have multiple jurisdictions conduct all mail ballot elections on a certain date, rather than have each jurisdiction pick a date that was most convenient for the jurisdiction. The all mail ballot dates are separated by a month or more from other elections to give County election workers time to wind down one election, before conducting the next one. D. Comparison Between "All Mail Ballot Elections" and "Absentee Voting" The most significant difference between an "all mail ballot election" and "absentee voting" is that in an "all mail ballot election" a ballot is automatically mailed to each registered voter. The ballots are mailed regardless of whether the voter requested a ballot, or whether the voter has an active voting history. (Cal. Elections Code §§ 3001, 4000.) Some jurisdictions provide envelopes with "postage pre-paid" so that a voter may return his or her ballot without affixing postage. In traditional elections, voters must fill out and sign an "Application for Absentee Ballot," declaring under penalty of perjury that the information on the Application is correct. Then, the voter must mail in an Application for Absentee Ballot so that it is received by the Elections Official no later than seven (7) days prior to the election. After receipt of the Application for Absentee Ballot, the Elections Official checks the signature against the voter's signature on file with his or her voter registration affidavit and mails the Absentee Ballot to the 01003/0001/35810.01 David J. Aleshire November 10, 2004 Page 5 voter, when then must return the ballot to the Elections Official by 8:00 PM on election day. (Cal. Elections Code §§ 3001, 3020.) The ballot envelope also has a place where the voter must sign before the vote will be counted. In contrast to traditional absentee voting, in an all mail ballot election, all registered voters receive a ballot and there are no Applications for Absentee Ballots. The ballots are mailed out no more than 29 days, and no less than 10 days, prior to the election. A voter who wishes to vote at his or her local polling place will not be permitted to do so. Consequently, a traditional absentee vote is not counted unless: a) the signature on the Application for Absentee Ballot matches the signature on the voter's registration card, and b) the signature on the ballot envelope matches the signature on the Application for Absentee Ballot. However, in an all mail ballot election, since there is no Application for Absentee Ballot, the signature on the returned ballot envelope is only checked against the signature on the voter's registration card. Some people may raise concerns about having only one signature check before a ballot is considered valid. There may be a greater chance for voter fraud affecting the results of an all mail ballot election. (I am unaware of any specific facts supporting this conclusion true, however.) Also, every jurisdiction has at least some "dead wood" on the roles, i.e., outdated names on the voter registration rolls, often due to voters who die or move away without reregistering. Also, some voters are registered twice, sometimes as a result of filing a new registration form to change party designation or married name. There is no way to determine precisely how much dead wood exists in the database of Palm Springs voters, but a reasonable guess is at least 2%-5%. In an all snail ballot election, any person on the voter rolls will receive a ballot, so there will be no way to avoid live ballots being mailed to dead wood voters. Recently, state law was amended to allow any voter to register as a "permanent absentee voter," which results in a voter receiving his or her absentee ballot automatically. (Cal. Elections Code § 3201.) While signing up as a "permanent absentee voter" has become very popular in some counties, statewide and in Riverside County about half of the absentee voters still get their ballots by submitting a Request for Absentee Ballot. Aside from the differences discussed above, there are no discernable differences between all mail ballot elections and voting absentee. The form of the ballot must be the salve. Also, the ballots are received and kept sealed and secured until election day. On the morning of election day, election workers may begin opening envelopes and processing the ballots. No results are released until after all polls have closed at 8:00 P.M.. Like absentee voting, no one but the voter may mark the ballot. Only the voter may complete the ballot, sign it, or return it. Campaign volunteers are prohibited from handling voted 01003/0001/35810.01 David J. Aleshire November 10, 2004 Page 6 ballots, even if sealed in the ballot envelope, just like in a traditional election. (Cal. Elections Code § 3017.) E. Direction Needed from City Council. As discussed above, there is some discretion for conducting an all mail ballot election. While City staff may make recommendations, the Council will need to consider its options and make final decisions regarding which policies are best for the City. If the Council wishes to hold an all mail ballot election, we will direction on the following questions: 1. Should the Council adopt a generic ordinance authorizing any fixture election to be held by all mail ballots, or should the Council only approve the next election to be by all mail ballots? 2. Does the Council wish to adopt State law regarding dates for elections (i.e., May, June or August) to avoid holding an all mail ballot election on the same day that other traditional elections are being held? (Since the City Charter requires general municipal elections to be held in November of odd-numbered years, the date of such elections would not change.) 3. Does the Council wish to provide postage pre-paid envelopes with the ballots so voters do not need to affix their own postage? 4. Does the City wish to contract with the County Registrar or a private consultant to conduct the election? III. CONCLUSION Although State law only permits all mail ballot elections in certain circumstances, since Palm Springs is a charter city and the charter allows the City to deviate from State election laws, the City of Palm Springs may hold an all mail ballot election. Before the City may hold an all mail ballot election, it must adopt an ordinance permitting such an election. There are policy decisions that should be made by the Council after special consideration. Some policy considerations focus on the integrity of an all mail ballot election, which some may argue are susceptible to voter fraud since dead wood voters receive ballots and since signatures are checked once, rather than twice. We reiterate, however, we are unaware of any specific facts supporting a conclusion that all mail ballots have been wrought with fraud. Also, the City Council should decide whether they want a one-time all mail ballot election, or whether they want to authorize any future elections to be held this way. There are 01003/0001/35810.01 David J. Aleshire November 10, 2004 Page 7 also decisions to be made whether to follow the State's preferred all mail ballot election dates, or choose some other date(s). Please let me know if you have any questions regarding this or any other matter. [END OF MEMORANDUM] 01003/0001/35810.01 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEW SECTION 2.04.090, ALLOWING ALL MAILED BALLOT ELECTIONS CONSISTENT WITH STATE LAW WHEREAS, the City Charter of the City of Palm Springs provides that, "unless otherwise provided by ordinance," City elections shall be conducted in accordance with the procedures set forth in State law concerning general law cities; and WHEREAS, State law provides for all mailed ballot elections for certain jurisdictions or for any jurisdiction wider certain prescribed conditions; and WHEREAS, the City Council is considering the calling of a special municipal election so that voters may consider two measures that have received sufficient signatures to be placed before the voters of the City; and WHEREAS, the intent of the City Council in calling for an all mailed ballot is to help reduce the costs that will be incurred in connection with conducting a special election, as well as possibly increasing the percentage of voters participating in the election by virtue of mailing a ballot to all registered voters; the result of two measures that have qualified to be put to the voters of the City; and WHEREAS, the City Council may only hold an all mailed ballot election to consider these two measures if an ordinance, such as this ordinance, is approved by the City Council, and this ordinance shall pernlit the City to hold future special elections by all mailed ballot. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby finds and declares the above recitals are true and correct. SECTION 2. A new section 2.04.090 shall be added to the Municipal Code of the City of Palm Springs,to read in its entirety as follows: "2.04.090. All Mailed Ballot Elections. The Council may call for any special municipal election to be conducted wholly by mail ballots. Such election shall be conducted in accordance with the provisions of California Elections Code § 4100 et seq. as those sections now exist or hereafter are amended. This section is enacted under authority granted by Section 802 of the Charter of the City of Palm Springs." SECTION 3. 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. SECTION 4. Publication. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council and shall cause a summary of this ordinance to be published in accordance with State law. PASSED, APPROVED, AND ADOPTED as an URGENCY ORDINANCE this day of November, 2004 AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk Mayor Reviewed and Approved as to Form: ALESHIRE &WYNDER, LLP David J. Aleshire, Esq. City Attorney 2 34599 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 8, 2005, FOR THE SUBMISSION OF A MEASURE (CITIZEN INITIATED) TO THE VOTERS TO AMEND THE CITY OF PALMS SPRINGS' 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 ----------------- WHEREAS, State law requires that when a petition has been filed with a City, signed by more than 15 percent (15%) of the number of registered voters of the City, it must be enacted by the legislative body of the City or submitted to a vote of the people; and WHEREAS, a petition has been submitted which proposes to amend the General Plan of the City to establish a large, new Mountain Region Designation, and to repeal current land use regulations affecting this area, as shown on the attached Exhibit "A"; and WHEREAS, the Riverside County Registrar of Voters examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHERESAS, the Palm Springs City Council has determined to not enact said initiative petition, but rather, in compliance with State law, will place said matter before the qualified voters of the City of Palm Springs. 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 measures, to wit: MEASURE [ ] Shall the General Plan of the City of Palm Springs be amended YES _ to establish a new MR (Mountain Region) designation for NO 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? Section 2. That the proposed measure submitted to the voters is attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transmit a copy of the measure set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. I Section 4. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event the measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. Section 5. The manner of conducting said election shall be consistent with all applicable State laws. The election shall be conducted as an all mail ballot election only if the City Council adopts an ordinance providing for an all mail ballot election. Section 6. 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, and equipment that may be necessary in order to properly and lawfully conduct said election. Section 7. 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 8. 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. Section 9. That 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 10. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held in said City is hereby ordered to be made by the City Clerk. ADOPTED this_day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Acting City Clerk City Manager REVIEWED &APPROVED: �f1�1b1�C I'� 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: 1. No property maybe 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 be limited to eighteen feet. The restrictions established for the MTN area would not apply to sovereign Tribal lands or to any property where's "vested right has been accrued 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 mid 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 the 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. Tract 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 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. 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 Mountains, Chino Canyon, Tachevah Canyon and surrounding areas, is an invaluable natural treasure. Given that part of Us mountain region lies 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 tarnish the image and reputation of the City. (d) The open space land of the mountahr 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 ecology and environment and other demonstrated consequences of urban sprawl. (a) The mountain region possesses air 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, (f) 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 proposes, 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 land 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 1 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. 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. 32A,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 ("MTN"). 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 mini min 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. In 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 asset 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 Palm Springs. 3 u 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. MAP NO 1 mm? , MOUNTAIN REGION � -�a I� M { AS + INK -� !� :^new __ —_ ;ALl LAND WITHIN GTV ya BOUNDARIES SOUTH OF THIS LINE IS WITHIN THE ,' MOUNTAIN REGION - n, N' I s g MAP NO. 2 w MOUMAIN REGION 1 t � •-,, ^Iq aNAMR aIh 4 n lti i til}ti,, b� _9 �It� `1 �� ✓ny,� 5 1' P' 4� {�f 5 9EE MAP N0 3 yi EXHIBIT"A Map 1 and Map 2 1 t 4 �( 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. AP �*�f,E� SEE MAP N0.2 MOUNTAIN REGION"� SEE MAP N0,4 ALL LAND WITHIN CITY BOUNDARIES WEST OF THIS LINE IS WITHIN THE MOUNTAIN REGION I • ALL LAND WITHIN CITY BOUNDARIES SOUTH OF THIS LINE 15 WITHIN THE MOUNTAIN REGION MAP NO. 4 w k i��ff � tiMr k I7i �. Cfrs 9�Y�h".di �`L VA� +tI M �, s�W Pl�ri Y rd V f l4 1 Kd '+- <';, MOUNTAIN REGION �� s r 5� a�IR.v�� m �T {s'i $-�: 'ji'L� ✓~I�A.� -�s.D ��S�--peeve 8 :�4- 4df�,lny .�a Fu�I���l�fy� �I a ✓(r��`�,x^r�I�kCks.�+ap ^hls'.�y C '. �^s�y U'x SiVA�'�"�*w.r �{: W aT 3a , txp,' y i :w- i•,. H� �� '+�a e'"i'b' • R" � e �'tq �'sa y�§9 •� C � i.J R "�r� SEE MAP NO,5 EXHIBIT`A': Map 3 and Map 4 5 I G . . ; ^;"�„ ��h�w1ss.� wE 1� 7 i��! �'ti lR d✓.�.u1� £�er� v�x�E � ��,. [ Y0 {YN� t lbl�S,Ic"�k '> Yt� ffiaDipp �pt'�� I t`� ,A.u1,N jfl � TiS �> sa� ✓"�x�wsv ri � Rib �P ra.�au '�' 4 "'tiY. yy �rt r +. "lR MOUNTAIN a �1h I��Visas t�� Y'e �7� P REGION Ne At a �kP a �2,Yi6ir.ds�k"' w7 Y g,. I krrb MOUNTAIN 6,a REGION +Ae „ 'MOUNTAiN REGlbN a S pail.r: h t® f r Y q at " HiR�RAYf l '9Fa'f m r'k7 �'q�"r-'ixakaT"�r)^Yr ,° iya} !4 r r Sp �ya � r Sn'� baNr bry�l � Tao- wi ;�• g,l� �k�3i t FI f � Y•' v y� 4 0. ,a1 -"'Ehb tit 'c� b 'S �iljqn, lj t � i'�� x T�Wa r rti �I✓_,�rv� � fly q 41E� v P x "�,>* t k t*'�'� >„ T I I aAbw"�v'�1''r"n �i. r r l n�V+,, P �f4 a 4'od rlv 'wpu.� 7` v �vy tA .ru ly MOUNMIN REGION y p,� �.Y 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. 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 from desert 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 Palm 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 Jr.July 1970,the City of Palm 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 the environment while encouraging the development of resort and residential, and accessory,uses.To achieve this objective, 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 on these systems. The resultant]and 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 form, 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 ptan(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 Palm 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 Hills. 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 impacts. The approval of any Specific Plan for the Palm Hills area shall include a finding that such plan is consistent with the goals and policies of the General Plan.The boundaries of the Specific Plan areas may be altered to consider logical access and infrastructure requirements;smaller subareas may be allowed to submit independent specific plans if it can be demonstrated that there is no planning relationship with the larger subarea and if the planning of the larger subarea will not be negatively affected." 8 \ � lo 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"("E"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 concerns 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 Palm Hills should mitigate any impact to biological habitats to the satisfaction of the City or may not be approved. 5. 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 purposes,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. 7. Target land uses arid 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 Y2-2 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 Y2 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 first 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 pace I-24 of the General Plan,the following shall be deleted in 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-213- 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 11-8 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,or provide adequate mitigation,prior to approval." 9 kA'-Y IleXwn+el Mrreb �•M YYT,�*V kM �—.�rf o— M e r e r � . r + n v � -� INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following title and stunmary,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 gills,land adjacent to the San Jacinto and Santa Rasa 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£arty(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 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 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, fit 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. 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 peddou mast be registered voters ofthe City ofPnlm USE ONLY ONLYOFFICIAL Springs. FOR 1. Pmr Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip. 2. Print Name: Residence Addrees 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,As Registered to Vote: City: Zip; 5. Print Name: Residence Address ONLY. Siganrurer As Registered to Vote City: Zip: 6. Print Name' Residence Address ONLY: Signature,As Registered to Vote: City: Zip. 7. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: S. Print Name' Residence Address ONLY: Signature,As Registered to Vote. City Zip: 10 �+�.� .nrrm. rr.mw a.-•�� e^�-+w e,-.� w .r t- -a r e � � . .- -. a a .. INITIATIVE MEASURE TO EE 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: 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 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 use 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 limn 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. 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 pelitioa muse he registered voters ofthe City of Palm FOR OFFICIAL Springs. USE ONLY 9, Print Name: Residence Address ONLY. Signature,As Registered to Vote: City: Zip: 10. ProuName: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 11. Print Name: Residence Address ONLY: Signature,As Registered to Vote. City: Zip' 12. Print Name: Residence Address ONLY Signature,As Registered to Vote: City: Zip 13. Punt Name: Residence Address ONLY: Signaturo,As Registered to Vote; City: Zip: 14. Print Name: Residence Address ONLY: Signatue,As Registered to Vote: City: Zip. 15. Pdnt Nnme Residence Address ONLY, Signature,As Registered to Vote; City: Zip: 16. Print Nvme: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: )1 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 to 1993,and enact new General Plan requirements.Specifically,this amendment would create a Mountain Region("MTN")designation within the City of Palm Springs, 71se 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 he subject to die 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 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 tight 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 me 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 site restricted to 26 feet. In certain circumstances,a building height limit of30 feet is Tortured. In addition,the City's General Plan and zoning currently prohibits development an 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 of Patin Springs. USE ONLY 17. Print Name. Residence Address ONLY: Signature,As Regisromd to Vote: City: Zip. Is. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City. Zip: 19, Print Name: Residence Address ONLY: Signature,As Registered to Vote: City Zip: 20. Pnnt Name: Residence Address ONLY, Signature,As Registered to Vote: City: Zip: 21. Pdat 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' 24. Print Nnme: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 12 INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS OF THE CITY OF PALM SPRINGS The City Attorney has prepared the following tittle and summary of the chief purpose and points of the proposed instance: 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: 1. No property may he 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 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 of30 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 ofrhe 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 of Patin Springs. USE ONLY 25, Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip. 26. Pnnr Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 27. Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 29, Pont Name: Residence Address ONLY. Signature,As Registered to Vote City: Zip: 29. Print Nnme: Residence Address ONLY: Signature,As Registered to Vole: City: Zip: 30. Print Name. Residence Address ONLY: Signature,As Registered to Vote: City, Zip' 31, Frint Name: Residence Address ONLY: Signature,As Registered to Vole: City: Zip: 31 Print Name' Residence Address ONLY: 1 Signature,As Registered to Vote: City: Zip: ` 13 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 treasure: 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: 1. No property maybe 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 be limited to eighteen feet. The RiSt fictions 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 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 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 u on 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 of Polar Springs. USG ONLY 33, Pmr Name: Residence Address ONLY: Signature,As Registered to Vow: City, Zip. 34, Print Name; Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 35. Pint Name Residence Address ONLY: Signature,As Registered to Vote' City. Zip 36. Pnnt Name. Residence Address ONLY: Signature,Ae Registered to Vote: City, Zip: 37. Pnnt Name: Residence Address ONLY: Signature,As Registered to Vote. City: Zip' 38. Print Name: Residence Address ONLY: Signature,As Registered to Vate. City Zip: 39. Print Name; Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 40. Print Name: Residence Address ONLY: Signature,Ae Registered to Vote' City: Zip: 14 e.r.-_» sn.n+ �.n..r� �.�-+ E;,� •n.t�a wr.---�• F.-n v f v • ,r- � •-- y !— Y n._.I.-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 in areas(including Chino Cone),and flatter terrain. The new MTN area would be subject to the following reshlctions: 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; 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 pertained),"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 penmtted. In addition,the City's General Plan and zoning currently prohibits development on slopes of thirty percent or greater.Such woos 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 of Palm Springs. USE ONLY 41. Print Name Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 42. Print Nvme: Residence Address ONLY: Signature,As Registered to Vote: City. Zip: 43, Print Name: Residence Address ONLY: Signature,As Registered to Vole: 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: Mel 46. Punt Name: Residence Address ONLY: Squatem,As Registered to Vote: City: Zip 47. Print Name. Residence Address ONLY: Signature,As Registered to Vote: City: Zip: 49, Prmt Nvme: Residence Address ONLY: Signature,As Registered to Vote: City: Zip; 15 �� a,x.,++ r..wa,i r,.•,w r..,,.r rn�r w-.-„y c.._.. r -r a ti .-t-. .— + .--_.. �- 1--• ^__ 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 Saii 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 maybe 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 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 me 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. 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 of Palm Springs. USE ONLY 49, Print Name: Residence Address ONLY: Signature,As Registered to Vote: City: Zip, 50, Print Name: Residence Address ONLY: Signature,As Registered to Vote City: Zip: DECLARATION OF CIRCULATOR (To be completed after above signatures have been obtained.) am registered to vote in the City of Palm Springs or qualified to register as a voter of the City. (print name) My residence address is (street address,city,state,zip) I personally circulated this section of the petition and witnessed each of the appended signatures being written.Each signature on this petition is,to the best of my knowledge and belief,the genuine signature of the person whose name it purports to he.All signatures on this document were obtained between the dates of and (month,day,year) (moat,,day,year) I declare under penalty of perjury under the laws of the State of California that die foregoing is true and correct. Executed on: ,2004,at (month and day) (place of signing-city and slate) (connietisicartule oFcirculator includin middle name ar initial NOTICE TO CIRCULATORS. PLEASE DO NOTDETACHANYPORTION OF THIS DOCUMENT. URGENT. ALL SIGNATURES INVALID IF YOU FAIL TO SIGNAS CIRCULATOR. 16 �� RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING AND GIVING NOTICE OF HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 8, 2005 FOR THE SUBMISSION TO THE VOTERS OF A MEASURE (CITIZEN PETITION REFERENDUM) RELATING TO PALM HILLS PLAN AREA. ---- - - ------ WHEREAS, a referendum petition related to Resolution 20994 regarding General Plan Text with respect to Policies 5.4.1, 5.4.4(B) and (C), and Palm Hills Area Plan Elements #6 and #7, and adding an additional element #8 for the Palm Hills Plan Area was submitted to the City Clerk on August 4, 2004; and WHEREAS, the City Council has determined to place said matter before the qualified voters of the City of Palm Springs; and 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 election, to be held on March 8, 2005, for the purpose of submitting to the qualified electors of said City, the following measures, to wit: MEASURE Shall Resolution 20994 approving amendments to the YES General Plan Use and Circulation Plan for Palm Hills NO area be adopted? Section 2. That the proposed measure submitted to the voters is attached as Exhibit A. Section 3. That the City Clerk is hereby directed to transmit a copy of the measure set forth in Section 1 above to the City Attorney, who shall prepare an impartial analysis of the measure in accordance with Section 9280 of the California Elections Code. Section 4. In the event the measure receives a greater number of YES votes than NO votes, the measure shall be deemed supported by the voters. In the event the measure receives a greater number of NO votes than YES votes, the measure shall be deemed unsupported by the voters. Section 5. The manner of conducting said election shall be consistent with all applicable State laws. The election shall be conducted as an all mail ballot election only if the City Council adopts an ordinance providing for an all mail ballot election. Section 6. 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, and equipment that may be necessary in order to properly and lawfully conduct said election. Section 7. 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, H:\ussers\c-clk\election\resolution\callmeasres doc \ (' \o� Resolution Page 2 Section 8. 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. Section 9. That 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 10. Pursuant to Section 10263 of the Elections Code of the State of California, the canvass of the Special Municipal Election to be held in said City is hereby ordered to be made by the City Clerk. ADOPTED this day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Acting City Clerk City Manager REVIEWED &APPROVED: H:\USERS\C-CLK\ELECTION\MEASURES\Palm Hills Refer\Call Election-Res.doC ` ��� REFERENDUM AGAINST A RESOLUTION PASSED BY THE CITY COUNCIL WHEREAS,in July 1970,the City of Palm Springs("City")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 the environment while encouraging the development of resort and residential and accessory,uses;and WHEREAS,the General Plan Palm Hills Area Plan was divided into four planning sub-areas(PH-I,PH- 2A,PH-213,and PH-3)as part of the City's 1993 General Plan Update;and WHEREAS,PH-] 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%;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 Palm Hills Area Plan was held by the'Planning 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 to consider General Plan Text Amendments to modify hillside development policies and requirement's of the Palm 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 State Clearinghouse and interested and responsible agencies,organizations,and individuals with a review period from May 10,J 998 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(DPHO 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 train various entities;and WHEREAS,in accordance with lire California Environmental Quality Act(CEQA),a Final Environmental Impact Report was prepared for She 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 significant effect on the environment with respect to land use,cumulative Iraffidcirculation,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("EIR")that has been certified for the General Plan Amendments and Palm Hills Specific Plan(SCH#98061043),which is in compliance with CEQA,the Slate CEQA Guidelines,and the City's CEQA Guidelines.The EIR adequately addresses the general environmental setting of the proposed Project,its significant environmental impacts,and the alternatives and mitigation measures related to each significant environmental effect for the proposed Project. The City Council has independently reviewed and considered the 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 Smmenrew of Overriding Considerations,that the Project will cause significant impacts and that the Project benefits justify overriding the unavoidable significar m adverse impacts caused by the Project. Section 2:The proposed General Plan Text Amendments seek or 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%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 Palm Hills Area Plan Elements 86 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 PH-I sub-area that allows development of up to 1,200 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 tire 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,the 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 cr anti vely 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 at this time,and are not likely to he 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 square miles),and based upon This evaluation it was 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-B,and 3.Based upon this review,the City Council directs staff 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 H-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 as shown in Exhibits A and B. \ 40 C;1 O 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 Dtive,South of Eagle 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: Oder,Mills,McCulloch,Pougnet NOES; Foal 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 "In order to Preserve file scenic bemrty,to protect the nuumtain.s from damaging erosion and to protect the desert floorfroni looding.the frontal scopes of the SarHa"-..sue-g,-'Sun Jacinto Mountains which face the deser!floor shall be preservedus open space areas to the greatest extent possible and consistent with other policies in the General Plan.The slopes rj'individual landmark peaks should be preserved as open.spare areas.Development shall be subject to approval of a development plan on a case-by-case basis,which addresser aesthetic issues,such as screening and landscaping." 5.4.4(b) "Deve(aprnent should be ennaenb'ated in areas wish nantrat.dopes of IO%n Pr less in steepness. Nuhunl slopes in excess nf30%slundd-remain-umlisRhrbed mug be develnned subiec!to nr-eumnti m of rrifi h'I! "de d vet n.r f 'rite'ia d t dd r(uildi rt de 1 a ud o f u fir n t / ui ire a r a I r fa Sp cifi Plan. 7evelnpment pr oporals for areas of]O%slope nrgreater,bnFlesfN ,or order.object fn ern.rinn,shall be aavnnpunied by detailed.rails and genfechnicu( .tndier ns well ar in'noLrirxulatinn exhi6ilr." 5.4.4(c) "Poll ed development roust foe compatible,by vuhre q/design.height,nwteriuLr wad slope rnnrpati6ility,with.rurrnunding open.rpnce.Sinrcture.r shall not visually break ridgelines when viewed from tlhe vu(fey flo o u l a S! ifi Pf ll 'lg sorb clevel o r t' a ry d by rile C'rv. Areur graded for development shall be designed to blend with the numrul surrnanding.r." EXHIBIT B PROPOSED GENERAL PLAN POLICY AMENDMENT PALM HILLS AREA PLAN Addition to the first paragraph: "The Ci! 's a oroach to Pahl,Hills underscores a tandanientut difference between the Santa Rosa Mountains south o'the Ci ,and the San Jac into Mountains west of the City. Both loon a backdrop to the Cuty o(Pubn S her and r t be treated a sal (l sir assets But, whereas the San JacintoMountains ndns essentially undevelopable due to extreme steenners at'slope and are therefore stated to a policy lick falmost total preservation,the Santa Rosa Mountains ist at t >, ntle rollingteri ain and recall, application n of creative and 11 xible rneans to hannonize pre.vervation with development Palm Hills Area Plan Element#6 is proposed to be amended as follows: "A program for the penoanent preservation rj'open.puce,with the purpose to initigate wildlij'e habitat loss and to provide recreation amenities,in accordance with the In'ogrant.r a/'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 progra ilplan to the extent that they are not in conl(ict with this General Plan. Ili order to preserve the scenic beauty,the frontal slopes of tie Santa Rosa Mountains that are visible from the desert floor shall be preserved as open space to the greatest extent Possible Development which is visible tion,the Valley tloor dadl be freated with sensitivity accordho,to 1 ar r krar 17 f ll owi 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 implements the Cily's stated rod ofdeveloping a large scale resort at this unique location which har no ni- s with the natural mountain backdrop r f the City. Tp urrnrnnlnlr Nu devel n n•ufr.hail r ek I o 1 'es rve ur nrurh r disttu-bed o!r nl ape t spur a us po ible Where development is visiblefrom the vullev,floor buu�coloration native plant rele•non and other design t rhni rues shall be applied to blend ttructures with the native fandscal)ing. Development of t idkelines is allowed so look,as,sfruuctiu'e.s do not vh.suall busk rhea line or alter'an individual landmark eak e. Murry Hill). To can iron the true extent and nature a' Visual change accurate Computerized visual s'nuluf(ons with and without the Proje T shall be provided forconsideration by the Planning Cone r/rrion and City Council." � alm Hills Area plan existing Element 47 is proposed to become Element#8 and be modified so as to increase overall density in areas with natural slopes of 10%or ss from a range of'h to 2 units to a range of'h to 4 units as follows: ages land user and number of units: (Eaeept as noted,land❑,se is governed by the fallowing descriptions and by the policies of the General Plan,and is not.shown on the nurp. The required Specifir Plan(s).rhull 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 die fiitiire availability oj'public lands forexahnnge or development. Units should be Cpncetitrated in arena with natural,slopes of IO%pr less in steepness with overall density in such areas in the range ofVz-214 units/acre...J \ t _ V s REFERENDUMAGAINST Ori TION teD BY THE tyCaWe, the undersigned,registered,qualified eoeof Palm Springs,hereby Protesstthhe Pam Springs City o COUNCIL 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#7,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 MAY BE CIRCULATED BY A PAID CITY OF SIGNATURE GATHERER OR A VOLUNTEER.YOU HAVE THE RIGHT TO ASK. OFFICIADL USEON v PALM THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN A SPRINGS QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. REGISTEREDVOTERS COMPLAINTS ABOUT THE MISUSE OF YOUR SIGNATURE MAY BE MADE TO y^ ONLY THE SECRETARY OF STATE'S OFFICE. / SIGNATURE AS REGISTERED NCEA �GDL1Ptl^a-- -- f PRINTNAME CI �1.�L ('�92�10 ZIP 2 SIGNA7LIflE AS pEGIS7ERE0 ' RESIDENCEADDpESS ' PRINT NAME CITY ZIP 3. SIGNATDpEAS REGISTERED , RESIDENCE ADDRESS PRINT NAME CRY 4. ZIP SIGNAIDpE AS pEGISTERED flE51DENCEAD0RE55 PRINT NAME CITY ZIP S SIGNATUREAS REGISTERED flE51DCNCE ADDRESS ' PRINTNAME CITY ZIP s. SIGNATUREAS REGISTmFD RESIDENCE ADDRESS , PRINTNAME CITY ZIP Declaration of Circutatocan he mmnlarad to Ina circulator's own hand after all signatures recorded on the front and back of this section of the petition have been obtained), prmuunnm ahem —.am registered to Vote in-the City of Palm sminas „ -cawmia nr am nAjifi.�jo register to to in the City of Palm Songs. My residence address is . section of the Petition and witnessed each of the appended signal ures'ti n written. Eac si nature on 1 circulated this b ie�/-ihe mine 917�ture 4 the person whose name it purports to be: All signatures n(this document we ere obtained between thedates of aiion end and /_/0`! I declare under penalty of penury under the laws of the State of Executed o Q,,,mlya, ,�n.,,n,n ?forma that the fofggoing is trg�4 And• + Executed on /(� at-- A0 y tt,t�► ,California. \ �� mtlnN/day/year ,b—K,,,—.-"0— , Amnad 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 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 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? 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 opposition 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_day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Acting City Clerk City Manager REVIEWED & APPROVED: H:\USERS\C-CLK\ELECTION\MEASURES\MountainRegion-Hillside Int\Arg Res-Hillside 11-03-04.doc 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 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 Resolution 20994 approving amendments to the General Plan Use and Circulation Plan for Palm Hills area be 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 day of November, 2004. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By Chief Deputy City Clerk City Manager REVIEWED &APPROVED: J. H:\USERS\C-CLK\ELECTION\MEASURES\Palm Hills Refer\Arg Res-Palm Hills.doc �