HomeMy WebLinkAbout7/23/2003 - STAFF REPORTS (6) ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 4.08.136 TO THE
PALM SPRINGS MUNICIPAL CODE, RELATING TO
RENTAL ADJUSTMENTS FOLLOWING CONVERSION
OF RENTAL MOBILE HOME PARKS TO RESIDENT
OWNERSHIP.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN as follows:
SECTION 1. Chapter 4.08 of the Palm Springs Municipal Code, relating to rent
control in mobile home parks, is hereby amended by adding thereto a new section to be
numbered 4.08,136, and reading, in its entirety, as follows:
"4.08.136 Rent Adjustments Following Conversion of Rental
Mobile Home Park to Resident Ownership.
(a) Scope & Intent. This section requires any subdivider to obtain
a certificate, as defined hereinafter, from the rent review commission prior
to adjusting the rent payable for any residential rental unit(s) in excess of
the amount of such rent allowed by Chapters 4.02, 4.04, and/or 4.08.
Except for a subdivider(s) who has/have obtained the certificate required
herein, this section bars any rent adjustment following the
commencement of sales or offers for sale of any residential rental unit(s)
within any any rental mobile home park that is the subject of a map,
pursuant to Government Code § 66427.5, or other subdivision map or
application for conversion to resident ownership. This section is intended
to protect non-purchasing residents of residential rental unit(s) within a
rental mobile home park from any rent adjustment not authorized by
Chapters 4.02, 4.04, and/or 4.08 and to protect from a sham, fraudulent,
failed, or other non-bona fide conversions to resident ownership as
prohibited by El Dorado Palm Springs, Ltd. vs. City of Palm Springs
(2002) 96 Cal.App.4th 1153.
(b) Maps or Applications for Conversion of One or More
Residential Rental Units Within a Rental Mobile Home Park to Resident
Ownership. In addition to any other requirement of state or local law, any
subdivider seeking to adjust rents on any residential rental unit(s) in
correction with the conversion of a rental mobile home park to resident
ownership, pursuant to Government Code § 66427.5 or through any other
subdivision map or application, which is otherwise subject to regulation
under Chapters 4.02, 4.04, and/or 4.08 of this code, shall first obtain from
the rent review commission, prior to adjusting the rent amount for any
residential rental unit(s) therein, a certificate of bona fide conversion
finding and determining that the conversion to resident ownership is bona
fide within the meaning of law, and not undertaken as a sham, fraudulent,
or failed conversion to remove any residential rental unit(s) proposed to
be converted to resident ownership from the protections of the City of
Palm Springs Municipal Rent Control.
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(c) Content of Application for Certificate of Bona Fide Conversion
to Resident Ownership. The certificate required herein shall be sought
pursuant to a written application filed with the rent review commission
under Section 4.08.070(f)(2), which application shall include the following
information: (i) a copy of a resident support survey, conducted either in
the manner prescribed by Government Code § 66427.5(d)(1), or in some
other manner acceptable to both the subdivider and a resident
homeowners' association, demonstrating the numerical support or
opposition of each occupied residential rental unit to conversion to
resident ownership; and (ii) a written appraisal, conducted in accordance
with nationally recognized professional appraisal standards,
demonstrating the residential rental units to be offered for sale are to be
sold for their fair market value; and (iii) a written appraisal, conducted in
accordance with nationally recognized professional appraisal standards,
establishing monthly rental rates for non-purchasing residents following
the date of conversion and consistent with the requirements of
Government Code § 66427.5(f); and (iv) a representation, made in writing
and under oath, from the subdivider certifying that the map or other
application for conversion is intended to facilitate a bona fide conversion
of a rental mobile home park to resident ownership, together with a
description of such marketing plans or incentives, if any, or other actions
proposed to be undertaken by such subdivider to assure a bona fide
conversion of a rental mobile home park to resident ownership.
(d) Conduct of Commission Proceedings. Consideration of an
application for certificate of bona fide conversion to resident ownership
shall be conducted in the manner and within the time prescribed by
Section 4.08.080 for hardship rent increase proceedings. Notice of an
application shall be given according to the procedures and practices of
the commission then in effect for hardship rent increases, including the
giving of notice of the filing of the application, date of pre-hearing
conference, if any, and date, time and place of the hearing on the
application; which notice shall be delivered to or posted on each
residential rental unit within the rental mobile home park which is the
subject of an application for conversion from a land-lord tenant form of
ownership to resident ownership. Any prospective purchaser(s) of a
residential rental unit(s), or current resident, or resident homeowners'
association, or city staff shall be entitled to submit information or an
appraisal which sets forth what is considered to be the fair market sales
and/or rental value of the residential rental units that are the subject of an
application.
(e) Grounds for Issuance of Certificate of Bona Fide Conversion.
The rent review commission shall issue to any subdivider a certificate of
bona fide conversion upon finding, by a preponderance of the evidence,
of each of the following: (i) that not fewer than fifty percent (50%) plus
one of any occupied residential rental unit(s) to be offered for sale
pursuant to a map or application for conversion of a rental mobile home
park to resident ownership support such conversion to resident
ownership; and (ii) that the occupied residential rental units to be offered
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for sale and/or rent will be sold and/or rented for an amount not more than
the fair market value of such residential units; and (iii) that any subdivider
has not filed the subdivision map or other application for conversion of a
rental mobile home park to resident ownership for the sole purpose of
removing any occupied resident rental unit(s) therein from the protections
of this Chapter. In the event such subdivider, or a resident, or resident
homeowners' association, or city staff submit(s) a qualified appraisal(s) or
other probative information which determine(s) a fair market sales or
rental value of the occupied residential rental units which, on average,
differ by twenty percent (20%) or greater in fair market sale and/or rental
value, the rent review commission may, as a condition to issuing a
certificate of bona fide conversion, request the parties agree that each
party or each party's appraiser select and jointly provide instructions to a
third-party independent appraiser, and agree to jointly share in the
payment for an independent third appraisal, which third appraisal shall be
deemed by the commission to constitute the fair market sales and rental
values of the occupied residential rental units to be offered for sale.
Provided the subdivider agrees, in writing, to offer each occupied
residential rental unit for sale and/or rent at the appraised fair market
value determined by such third-party appraiser, such agreement shall,
standing alone, entitle such subdivider to the issuance of a certificate of
bona fide conversion without any further showing required hereinabove.
(f) Effect of Failure to Obtain Certificate of Bona Fide Conversion.
With respect to any conversion of a rental mobile home park to resident
ownership for which any subdivider shall have failed to obtain a certificate
of bona fide conversion, as to any non-purchasing resident, the amount of
rent to be paid for such residential rental unit(s) so occupied shall be only
that rent authorized under Chapters 4.02, 4.04, and/or 4.08, as
applicable, of this code.
(g) Violation Not a Misdemeanor. Any violation of this Section
4.08.13 shall not be deemed a misdemeanor, but may result in
administrative action by the rent review commission, pursuant to Section
4.08.070(f)(2), or the civil remedies, pursuant to Section 4.080.120, or as
otherwise provided by law.
SECTION 2. CEQA EXEMPTION. Adoption of this ordinance is not subject to
the California Environmental Quality Act ("CEQA") by virtue of Public Resources Code
§§ 15061(b)(3) and/or 21080.8 so long as the application required herein does not
involve any expansion of the number of residential units within a property to be
continued to be operated as a resident owned mobile home park.
SECTION 3. SEVERIBILITY. If any section, sub-section, sentence, clause or
phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the
decision of a court of competent jurisdiction, such decision shall not effect the validity of
the remaining portions of the ordinance. The City Council of the City of Palm Springs
hereby declares that is would have passed this ordinance, and each and every section,
sub-section, sentence, clause, or phrase thereof not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared
invalid or unconstitutional. n
1003/001/25010 vl fJ
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and
effect thirty (30) days after passage, and shall not apply to any pending conversion for
which the subdivider has obtained a tentative or final map.
SECTION 5. AUTHORITY TO ENACT. The Palm Springs City Council is
expressly authorized to enact this ordinance by virtue of Municipal Code § 4.08,140
SECTION 6. PUBLICATION. The City Clerk is hereby ordered and directed to
certify to the passage of the Ordinance, and to cause the same or a summary thereof, or
a display advertisement, duly prepared according to law, to be published in accordance
with law.
ADOPTED this day of July, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS
By
City Clerk Mayor
REVIEWED & APPROVED AS TO FORM:
1003/001/25010 vl
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ESTABLISHING PARK FEES
WHEREAS, Government Code Sections 66000 and 66477 authorizes the City of Palm
Springs ("City") to require the dedication of land or to impose a requirement of the payment of
fees in lieu thereof, or a combination of both (collectively "Park Fees"), for park or recreational
purposes as a condition to the approval of a tentative map or parcel map or as a condition in the
design review process for a residential development which does not require a subdivision; and
WHEREAS, the City of Palm Springs does not presently levy Park Fees; and
WHEREAS, the collection of Park Fees would greatly benefit the City's citizens by
ensuring the expansion of park and recreational facilities within the City in proportion to new
development within the City; and
WHEREAS, over the last several years, the City has experienced a significant increase in
applications for residential development; and
WHEREAS, due to various fiscal constraints, the City is currently unable to exact fees,
compel dedication, expend it own funds or otherwise ensure the preservation of park and
recreational space such that the City is experiencing a general shortage of new park and
recreational space in comparison to sturotmding communities, particularly in the developing
areas of the City; and
WHEREAS, the City is precluded from collecting Park Fees until an ordinance has been
enacted and such ordinance has been in effect for thirty days; and
WHEREAS, the City's General Plan contains policies and standards for parks and
recreational facilities to be acquired and the Park Fees will be in accordance with the General
Plan's principles and standards; and
WHEREAS, the creation of a governmental funding mechanism which does not involve
any commitment to any specific project is not a "project" pursuant to the terms of the California
Environmental Quality Act ("CEQA"), such that the adoption of this fee is not a "project" under
CEQA and a Notice of Exemption has been prepared and will be distributed for public review
and comment in accordance with CEQA.
NOW THEREFORE, it is found, determined and resolved by the City Council of the City
of Palm Springs as follows:
Section 1. All of the facts set forth in the above recitals are true and correct and are
incorporated herein by this reference.
1003/001125158 v1 / //
Section 2. The "Program for Dedication and Improvement of Park and Recreation
Areas or Payment of In Lieu Fees," as set forth below, is hereby adopted.
I. AUTHORITY, PURPOSE AND SCOPE
A. Authority and Purpose. This ordinance is enacted pursuant to the
authority granted by Sections 66000 and 66477 of the Govermuent Code of the State of
California and shall be interpreted to be consistent with the provisions thereof. The park
and recreational facilities for which dedication of land and/or payment of a fee are
required by the terms of this section shall be provided and located in accordance with the
standards, specifications and requirements of the General Plan of the City, any specific
plan adopted pursuant thereto, this ordinance and any other adopted resolution, policy or
standard of the City.
B. Conflict with Other Laws. This ordinance shall be interpreted, insofar as
possible, to be consistent with other ordinances or regulations of the City. In the event of
conflict, this ordinance supersedes all other ordinances or regulations of the City.
C. Exemptions. The provisions of this ordinance shall not apply to the
following:
1. Commercial or industrial development;
2. Condominium or stock cooperative projects which consist of the
subdivision of airspace in an existing apartment building which is more than five
years old when no new dwelling units are added;
3. Proposed development for which entitlements, including building
permits and architectural permits, have already been obtained; or
4. A proposed development for which a tentative map has already
been submitted; or
5. Subdivisions containing less than five parcels and not used for
residential purposes, except that a condition may be placed on the approval of a
parcel map that if a building permit is requested for construction of a residential
structure or structures on one or more of the parcels, the fee may be required to be
paid by the owner of each parcel as a condition of the issuance of the permit.
6. Development of affordable housing projects may be exempted for
that percentage of the development which is restricted to Affordable Units.
II. DEFINITIONS —PARK AND RECREATION, DEDICATION AND FEES
Words and phrases used herein shall have the following meaning:
1003/001/25158 vl
A. Affordable Housing/Affordable Units: Shall be defined pursuant to State
and federal law. The City may adopt additional standards only if such standards are
applicable through the community.
B. Dwelling Unit: Shall mean a building or mobilehome designed for
residential occupancy. For purposes of this ordinance, the number of Dwelling Units
created by a land division shall be as follows: One Dwelling Unit per lot created in a
single-family residential zone, one dwelling per unit approved in a multifamily residential
zone is unknown; the maximum number of Dwelling Units allowed Under that zone. For
a condominium project or apartment, the munber of Dwelling Units created shall be the
number of units approved.
C. Fair Market Value: Shall mean the value ascribed to land dedicated by the
developer for park and recreation purposes, and shall generally be (1) the value of the
land being subdivided based upon the cm-rent assessed value, modified to equal market
value in accordance with the current practice of the county assessor, or at the option of
City, (2) based upon an appraisal by a licensed and qualified appraiser selected by City
after consultation with developer. In the event an appraiser is utilized, all costs of said
appraisal shall be paid or a deposit made therefore by the subdivider prior to the
recordation of any final map or the issuance of any building permit. An appraiser
selected pursuant to this ordinance shall find the fair market value of land to be equal to
the amount of cash or its equivalent that such land would bring if exposed for sale in the
open market under conditions in which neither buyer nor seller could take advantage of
the exigencies of the other, and both the buyer and the seller have knowledge of all of the
uses and purposes to which the land is adapted and for which it is capable of being used,
and of the enforceable restrictions upon those uses and purposes. The fair market value
shall be determined before the final map or parcel map of a development is filed. With
regards to any park and recreation improvements or equipment provided by the
developer, the fair market value shall be the actual cost to the developer to acquire,
constrict, and install the improvement or equipment. It shall be the responsibility of the
developer to keep proper records to demonstrate the cost of all improvements and
equipment and to segregate such costs from all other development costs. Developer shall
not allocate profit to such construction.
D. Park: Shall mean a parcel or contiguous parcels of land owned, operated
and maintained by a public agency or private association and which provides recreational
land and facilities for the benefit and enjoyment of the residents of the development and
of persons residing, working or visiting in the City. Parks may be classified as
community parks, including community centers, pavilions, auditoriums, athletic facilities,
large multiuse swimming pools, equestrian centers, bike and trail systems, picnic areas,
water courses, museums, libraries, historic and cultural centers or similar facilities; public
neighborhood parks, including playground equipment, sports fields, and picnic areas; and
private neighborhood parks, generally intended to serve only the immediate development
or specified planned community in which they are located. Parks may also include
desert, canyon and momitain open space areas or landscaped areas suitable for active or
passive uses.
1003/001/25158 v, 17 g3
E. Park and Recreational Facilities: Shall mean any public improvements
deemed necessary by the City to develop, improve or rehabilitate land and facilities for
park and recreational purposes. Such improvements may include, but are not limited to,
grading; landscaped areas for active and passive recreational use, open space and sports
fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational
community gardening; walkways; bicycle and trail facilities; lighting; playground or
other recreational equipment; picnic facilities; equestrian centers, swimming pools;
volleyball, basketball, tennis, racquetball and other courts; a skate park; historic structure;
vehicle driveways and parking areas and any other facilities which may hereafter be
authorized by state law or approved by the City.
F. Private Open Space: Shall mean privately owned land and facilities for
park and recreation purposes provided within a development and perpetually maintained
and operated by the future residents or owner of the development, which land and
facilities may be credited against the dedication and payment requirements established in
this ordinance, at the option of the City, when the following criteria are met:
1. That the proposed private park land be reasonably adaptable for
use for park and recreational purposes, taking into consideration such factors as
size, shape, topography, geology, access and location of the private park land;
2. That the following areas or development design features shall not
be eligible for private park credit: golf courses, yards, court areas, setbacks,
development edges, slopes, hillside areas, unless the area includes a public trail,
landscaped development entries, meandering streams, land held as open space for
wildlife habitat, flood retention facilities and circulation improvements such as
bicycle, hiking and equestrian trails unless such systems are directly linked to the
City's community-wide system and shown on the City's master plan;
3. That the location of the land provides convenient access to the
residents;
4. That the property be under common private ownership and that
perpetual private ownership and maintenance of the land is adequately provided
for by a recorded written agreement to which the City is a party with the right to
enforce the restrictions;
5. That the use of the private park land is perpetually restricted for
park and recreational purposes which cannot be defeated or eliminated without
the consent of the City Council and in no event without providing equivalent park
and recreational space elsewhere in the development; and
The yards, court areas, setbacks and other open areas required to be
maintained shall not be included in the computation of the private open spaces.
Facilities for which credit is given shall not exceed that which is needed
by the development being served unless it is easily available to the general public,
1003/001/25158 v I �i
in which case credit shall be limited to identify park deficiencies for the general
public.
M. DEDICATION OF LAND OR FEE AS A CONDITION TO APPROVAL OF
FINAL MAP OR PROJECT
As a condition of approval of a tentative or final tract map or parcel map for a
residential subdivision, or a new multiple family residential project, the subdivider shall
be required to dedicate land, pay a fee in lieu thereof or both, at the option of the City, in
an amount determined pursuant to this ordinance, for park or recreational purposes,
umless the subdivider is exempted from this requirement by the express provisions of this
ordinance. The dedication of land and/or payment of a fee shall be at the time and
according to the standards and formula contained in this ordinance.
As a condition of approval imposed during the entitlement process for an
application made in connection with the construction of new residential development
which does not require a subdivision, such as an apartment building or planned
development, the applicant shall be required to dedicate land, pay a fee in lieu thereof or
both, at the option of the City, in an amount determined pursuant to this ordinance, for
park or recreational purposes, unless the developer is exempted from this requirement by
the express provisions of this ordinance. The dedication of land and/or payment of a fee
shall be at the time and according to the standards and formula contained in this
ordinance.
IV. STANDARDS FOR DETERMINING DEDICATION
A. General. If a park dedication is required under the terms of this ordinance,
the park area required shall be determined in accordance with the standards provided in
this Section. Further, the amount and location of land to be dedicated and/or fees to be
paid shall bear a reasonable relationship to the use of the park and recreational facilities
by the future inhabitants of the development.
B. Standard of Park Area to Population. It is found and determined that the
public interest, convenience, health, safety and welfare of the residents of the City require
that the City maintain the level of its existing park stock at a ratio of five (5) acres of
property for every one thousand (1,000) persons projected to inhabit the development be
devoted to local and community park and recreational purposes, and that such park area
is necessary to provide for the needs of the current and future persons residing and
working in the City. Said ratio of"5 acres per thousand populations" is hereafter referred
to as the park area standard.
C. Dwelling Unit Occupancy Factor. Based upon the latest available census
data, the dwelling unit occupancy factors shall be 2.05.
This figure may be revised from time to time by resolution of the City Council.
1003/001/25158 vl 14 ��,�
D. Computation of Area of Park to be Dedicated. The dedication of park land
required for any development shall be determined by multiplying the number of dwelling
units in the development for each housing type by the occupancy factor for each housing
type by .005 (i.e., the ratio of the park area standard of five (5) acres to one thousand
population). This is represented as follows:
(# dwelling units) (occupancy factor) (0.005) =Area of park to be dedicated
E. Costs of Acquisition and Development of Land. Recent park development
analysis indicates an acquisition and development cost of two hundred fifty thousand
dollars ($250,000) per acre for park and recreation facilities. This cost applies to ninety-
six (96) acres of new parkland for a total cost of twenty-four million dollars
($24,000,000). The recommended and approved cost recovery level of new residential
projects for park and recreation facilities improvements is seventy-five percent (75%) or
eighteen million dollars ($18,000,000).
V. FEES IN LIEU OF DEDICATION
The developer, at the sole discretion of the City, may be required to pay to the
City a fee in lieu of making the dedication computed pursuant to Section IV. The in-lieu
fee shall be computed by multiplying the area of park to be dedicated by the fair market
value of the land being developed plus the cost to acquire and improve the property plus
the fair share contributions, less any credit given by the City, as may be reasonably
determined by the City, based upon the formulas contained in this ordinance, as they may
be amended from time to time by City Council.
VI. DETERMINATION OF DEDICATION,FEES OR COMBINATION
A. Dedication Generally Required. Where a park or recreational facility has
been designated in the General Plan of the City or other adopted resolution policy or
standard of the City, and is to be located in whole or in part within the proposed
development to serve the immediate and future needs of the residents of the development
and other members of the public, the developer shall dedicate land for a park and provide
recreational facilities thereon as provided in this ordinance unless the City determines
that dedication is not desirable as provided in this ordinance. If the fair market value of
the park and recreational facilities provided pursuant to City specifications is less than
that required hereunder, no additional fees shall be required, otherwise, the developer
shall pay the difference.
Land dedicated to the City shall be conveyed in fee simple to the City free and
clear of all encumbrances except those which will not interfere with the use of the
property for its intended purposes and which the City agrees to accept. No deed for
dedication of land shall be accepted unless it is accompanied by a policy of title
insurance, secured by the subdivider, in an amount equal to the value of the land
dedicated.
B. Dedication Requirements. Whenever land will be dedicated, the following
provisions shall apply: `
1003/001/25158 v1 ^
(1) Whenever land is dedicated, the developer shall, in the City's
discretion, without credit, provide the following for the benefit of the land
dedicated:
(a) Full street improvements and utility connections including,
but not limited to, curbs, gutters, relocation of existing public utility
facilities, street paving, traffic control devices, street trees, and sidewalks
to the dedicated land;
(b) Fencing along the property lines of the development which
are contiguous to the park;
(c) Improve the drainage through the park site;
(d) Provide minimal physical improvements, not including
recreational facilities, building, or equipment, which the City detennines
are necessary for acceptance of the land for park and recreational
purposes;
(e) Provide access from the park and recreational facilities to
an existing or proposed public street, unless the City determines that such
access is unnecessary for maintenance of the park areas or use of the park
by the residents of the area;
(f) Water, sewer, grading and drainage improvements in
addition to those grading, drainage, irrigation and planting improvements
required under other City ordinances. All land to be dedicated and
improvements to be made should be approved by the City prior to the
approval or disapproval of a development;
(g) All grading plans for land to be dedicated shall be reviewed
and approved by the City for conformance with the City's general plan
and any other parks and recreation plans and the needs of the City;
(h) No grading, drainage, irrigation, planting, street or utility
improvements required under this section shall be eligible for a credit
against the land to be dedicated or fees paid under the provisions of this
section.
C. In-Lieu Fees. Where no park or recreational facility, other than excluded
private park features such as those specified in Section II(F)(2), located in whole or in
part within the proposed development is designated in the General Plan of the City or
other adopted resolution policy or standard of the City, the developer shall, in lieu of
dedicating land, pay a fee computed in accordance with this ordinance to be used for park
and recreational purposes to serve the residents of the area being subdivided and other
members of the public.
1003/001/25158 vl w� M
D. Combination of Land and Fees. The City may accept a combination of
land and fees, with the respective amounts to be determined in the sole discretion of City,
as long as the aggregate fair market value plus in-lieu fees does not exceed the limits
established in this ordinance. If the developer provides park and recreation
improvements to the dedicated land, the value of the improvements together with any
equipment located thereon shall be a credit against the payment of fees and/or dedication
required by this ordinance.
E. Determination of Land or Fee. Whether the City accepts land dedication
or elects to require payment of a fee in lieu thereof, or a combination of both, shall, in the
City's sole discretion, be determined by consideration of the following:
1. The provisions of the City's General Plan, any specific plan
adopted thereto, and any other adopted resolution, policy or regulation of the City;
2. Topography, geology, access and location of land in the
development available for dedication;
3. Size and shape of the development and land available for
dedication;
4. The feasibility of dedication;
5. Access and location of other park sites to development; and
6. Need of other accessible park sites for development, improvement
and rehabilitation.
The City has broad discretion in the application of these standards. For example,
the City has no obligation to accept hillside and slope areas not adaptable for developed
parks and fields, nor must the City accept private park areas which are only adaptable for
private use and whose proximity to other neighborhood parks exceed the City's
standards. Accordingly, the determination of the City as to whether land shall be
dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and
conclusive.
F. In-Lieu Fees for Subdivisions of Fifty Parcels or Less. If the development
contains fifty parcels or less, only the payment of in-lieu fees may be required, except
that one (1) lot subdivisions such as condominiums, stock cooperative or community
apartment projects may be required to dedicate land if they have more than fifty dwelling
units.
VII. DEVELOPER CREDITS
A. Public Parks. The developer shall receive a credit against the park
dedication requirement for the fair market value of any land dedicated for park purposes
and for the value of any park and recreation improvements provided by developer in
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conjunction with any public park, which meets the requirements of this ordinance. The
value of such improvements shall be determined by City,based upon "fair market value."
B. Private Park. In conjunction with any planned development, real estate
development, stock cooperative, community apartment or condominium, as defined by
state law, if the developer provides private open space, then the developer may receive a
credit equal to the fair market value of the private open space against the park dedication
requirement of this ordinance, but such credit shall not exceed one-third of such park
dedication requirement. The actual amount of such credit shall be determined by the City
based upon the comparability of the private open space to public park area and the
adequacy of such private open space to serve the needs of the development for active
recreational uses.
C. Application of Credits. The credits provided in this ordinance shall be
applied to reduce the developer's obligation to dedicate and/or pay an in-lieu fee as
required under this ordinance, but only to the extent of such credit. To receive a credit
hereunder, the land or park and recreation improvements must meet the requirements of
this ordinance, and, pursuant to Section VI, the determination of acceptance and
establishment of fee or credit by the City shall be final. No credit shall be given to a
developer for more than fifty percent (50%) of the required land dedication or in-lieu fee.
VIII. DISPOSITION OF LAND OR FEES
The amount and location of land to be dedicated or the fees to be paid shall bear a
reasonable relationship to the use of the park and recreational facilities by the future
inhabitants of the development. In accordance with Goverment Code Sections 66000
and 66477, it is expressly acknowledged that the land to be dedicated or fees to be paid
may be for both neighborhood and community parks. Such fees may be also used to
improve or rehabilitate existing parks. Such fees may be used to purchase land, constrict
a venue, or rehabilitate a venue where a variety of cultural activities could take place.
Fees paid by a developer pursuant to this ordinance may be spent to develop, improve
and rehabilitate community and neighborhood parks even though such parks may be used
by nonresidents of the development, so long as the benefit of the park and recreational
facilities to residents of the development is reasonable in relation to the location of the
park and amount of the fees.
IX. RESERVATIONS
As a condition of approval, the developer may be required to reserve real property
to be used for park, recreational facilities, fire stations, libraries or other public uses
pursuant to Government Code Sections 66479 and 66480, as amended.
As a condition of approval, a developer may be required to dedicate real property
for the constriction of an elementary school to assure the residents of the subdivision
adequate public school service. The dedication and subsequent repayment to the
developer shall comply with the provisions of Government Code Section 66478.
1003/001/25158 vl /1
X. TIME OF DEDICATION OR PAYMENT OF FEES
At the sole discretion of the City, all park fees shall be paid directly to the City
cashier at the time of the payment of fees for building permits pursuant to a development
agreement.
XI. ACCOUNTING FOR EXPENDITURE OF FEES
A. Placement of Fees in Separate City Account. The Finance Director shall
receive all fees paid and place them in a separate Park and Recreation Fund. The Finance
Director shall keep account of all funds received, their source, all expenditures there from
and the purpose of all expenditures. The Finance Director shall prepare an annual report
thereon pursuant to Government Code 66006, and shall periodically prepare a public
report stating: (1) the type of fee in the account, (2) the amount of the fee, (3) the
beginning and ending balance of the account or fund, (4) the amount of the fees collected
and the interest earned, (5) information relating to the public improvements on which the
fees were expended, (6) the approximate date by which the construction of the
improvement will commence if sufficient fiords have been collected, (7) a description of
interfimd transfers or loans and (8) the amount of any refunds.
The City Council shall review said report at the next regularly scheduled public
meeting not less than fifteen(15) days after the report is made available to the public.
B. Developer's Development Schedule. The development of public park and
recreational facilities requires considerable time for developing a concept plan, public
review and approval, project design, preparation of specifications, public bidding,
contract award and construction. To coordinate this process with the development
project, if developer desires the public project to be coordinated with the development
project, developer shall provide the City with a detailed plan for issuance of building
pen-nits and constriction of units (the "development phasing plan") concurrent with
submission of the tentative map, and shall update such plan to keep current.
C. Developer's Park Improvement Schedule. In the event that the developer
improves or develops parks for public or private ownership, developer shall prepare a
schedule specifying when, how and where he will develop the park or recreational
facilities to serve the residents of the development. This schedule will be required as a
condition of subdivision map approval and must be approved by the City.
D. City's Schedule. The Director of Parks Facilities shall prepare and
maintain a schedule specifying how, when and where the land or fees, or both, which
were dedicated to the City to develop park or recreational facilities will be used. Any
fees collected under this ordinance shall be committed within five years after the payment
of such fees or, provided developer has provided City with its development phasing plan,
the issuance of building permits on one-half of the lots created by the development,
whichever occurs later.
1003/001/25158 vl
'�AD
XH. PROCEDURE
A. Approval of Subdivision Map. Unless otherwise expressly provided in
this ordinance, any decision or action required by City pursuant to this ordinance shall be
made after the duly noticed public hearing at the time of approval of the tentative tract
map or parcel map by the advisory body. Such decision or action shall be a condition of
approval of the subdivision map.
B. Entitlement Process. Unless otherwise expressly provided in this
ordinance, any decision or action required by the City pursuant to this ordinance with
respect to the construction of a new residential development, which does not require a
subdivision, shall be made as part of the entitlement process for said development. Such
decision or action shall be a condition of approval, which is imposed as part of the
entitlement process.
C. Appeals. Any person may appeal a determination of the advisory body
made pursuant to this ordinance. Appeals shall be made as provided in the Palm Springs
Municipal Code.
Section 3. SEVERABILITY
It is the intention of the City Council that the sections, subsections, clauses and
phrases of this ordinance are severable, and of any portion of this ordinance is for any
reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity or the remainder of the ordinance, and the City
Council would have enacted such remainder without the portion found to he invalid or
unconstitutional.
Section 4. LEGAL CONSTRUCTION
The provisions of this ordinance shall be construed as necessary to effectively
carry out its purposes, which are hereby found and declared to be in furtherance of the
public health, safety and convenience.
Section 5. CEQA
Adoption of this ordinance is not subject to CEQA by virtue of Public Resources
Code § 21080(b)(9) and CEQA Guideline 15378(b)(4), as the creation of a government
funding mechanism which does not involve any commitment to any specific project is
not a"project."
1003/001/25158 vl
// IJ
XH. PROCEDURE
A. Approval of Subdivision Map. Unless otherwise expressly provided in
this ordinance, any decision or action required by City pursuant to this ordinance shall be
made after the duly noticed public hearing at the time of approval of the tentative tract
map or parcel map by the advisory body. Such decision or action shall be a condition of
approval of the subdivision map.
B. Entitlement Process. Unless otherwise expressly provided in this
ordinance, any decision or action required by the City pursuant to this ordinance with
respect to the construction of a new residential development, which does not require a
subdivision, shall be made as part of the entitlement process for said development. Such
decision or action shall be a condition of approval, which is imposed as part of the
entitlement process.
C. Appeals. Any person may appeal a determination of the advisory body
made pursuant to this ordinance. Appeals shall be made as provided in the Palm Springs
Municipal Code.
Section 3. SEVERABILITY
It is the intention of the City Council that the sections, subsections, clauses and
phrases of this ordinance are severable, and of any portion of this ordinance is for any
reason held to be invalid or unconstitutional by a court of competent jurisdiction, such
decision shall not affect the validity or the remainder of the ordinance, and the City
Council would have enacted such remainder without the portion found to be invalid or
unconstitutional.
Section 4. LEGAL CONSTRUCTION
The provisions of this ordinance shall be construed as necessary to effectively
carry out its purposes, which are hereby found and declared to be in furtherance of the
public health, safety and convenience.
Section 5. CEQA
Adoption of this ordinance is not subject to CEQA by virtue of Public Resources
Code § 21080(b)(9) and CEQA Guideline 15378(b)(4), as the creation of a government
finding mechanism, which does not involve any commitment to any specific project is
not a"project."
1003/001/25158 v1 17k�z,
Section 6. EFFECTIVE DATE
This Ordinance shall be in full force and effect thirty(30) days after passage.
Section 7. PUBLICATION
The City Clerk is hereby ordered and directed to certify to the passage of the
Ordinance, and to cause the same or a summary thereof, or a display advertisement, duly
prepared according to law, to be published in accordance with law.
ADOPTED this day of July, 2003.
AYES:
NOES:
ABSENT:
ATTEST: CITY OF PALM SPRINGS
By
City Clerk Mayor
REVIEWED &APPROVED AS TO FORM:
1003/001/25158 v1 1,613
§65997 GOVERNMENT.CODE
GOVERNMENT (
Repealed ry
Chapter 5 d' - „ t Dist.1993)74 Cal.Rptr.2d
a
F' denied.
FEES FOR DEVELOPMENT PROJECTS -
2. Development fee
Section Section Developers wishing to
either statutory or consti
66000. Definitions. 66005. ' Limitation on imposition of fees or exac• o
66000.5. Mitigation Fee Act; chapters included. 'li the statutory frameworkons as condition ofapprgval.' Ehrlich v
mprovement fees• public .
f� 66001. Fee as condition of approval; agency 66006. Local agency lion Fee a i Cal.Rptr2d 242, 12 Cal.4
requirements. availability of account or fund informs- denied,certiorari denied.
66002. Capital improvement ,plan; adoption; 66006.5. Right-of-way donations in lieu.offees. City had authority to i-
updates; hearings. 66007, Construction of,public im rovements o'r framing and recreations
P P granting property owner's
fi6003. 'Reimbursement agreements; inapplica- 'facilities on,resldenUal development,
bility, of.§§ 6"1 and 66002; opera- payment of fees or ch ii. dedicated rcialto'r office uil
p ym arges.on_resi- as'commereial office build
live date of chapter. dential,development;, time; defuu- City(1996)50,CARptr2r
66004.'' Establishment or increase of fees; appli- dons; enforcement of fees. ,- ..-. 429,rehearing denied,cent
cable requirements: 66008. Expenditures; authorized purposes. On,remand to local pe
-- 66009. Repealed. - .. findings in support of a
imposed as prerequisite to
Chapter 5 was added by Stats.1987, c. 92g §,I, operative Jan 1,1989. - § 66000.5. Mitigation
Former Chapter 5 District Planning Law, was repealed by State.1984, c I009;c.29. This chapter,Chapte
Cross References " ' '"" _" - - Chapter 8 (eommendni
Mitigation Fee Act,citation including this chapter,see - known and maybe cite[
4' Government Code§ 660Ma . . (Added by Stats.1996,c
r t, § 66000., Definitions - - -
§ .d996 Legislation -a
As used in this chapter _ Title of act, and legish
d relating to 9tats.19M,c.71
(a) Development project"means any project undertaken far the purpose of development. ".Develop-
.I ment project"includes a project involving the issuance of a permit for construction or reconstruction,but Notes under Education Coy
not a permit to operate - .,....
(b) "Fee." means a monetary exaction " ' " other than a tax or special assessment, s . *,,whether § 66001. 'Fee as cot&
established for abroad class of proieets by legislation of general applicability on imposed on�aspecificspecific (a) In any action ests
i Proiect on an ad hxbasis,that is charged by a local agency to theapplicant.in connection withapproval project by a local ages
of a development project for the purpose of defraying all or a portion of the cost of public facilities related (1) Identify the purp�
•�,- to the development project, but does not include'fees specified in Section 66477, fees for processing
applications for governmental regulatory actions or approvals, fees collected under development agfee- ..(2) Identify the use t
ments adopted pursuant to Article 2.5 (commencing with Section 65864) of Chapter 4, or fees collected shall be identified. Ths
pursuant to,agreemenrs with redevelopment agencies which provide for the redevelopment of pfoperty in, plan�-as specified Iin £
furtherance or for the benefit of-a redevelopment project for which a redevelopment plan has been requirements,or may 1
adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of fee is,charged. .
Division 24 of the Health and Safety Code.1 (, a(3) Determine how t
t (c) "Local agency" means a county, city, whether general law or-chartered, city•and county, school merit project on which t
district, special district, authority, agency, any other municipal public corporation or district, or other (4) Determine how d
political subdivision of the state. - - - I type of development prI
(d) "Public facilities"includes public improvements,public services' ' ",and community amenities. (b) In any action iml
(Added by StatsJ987,c.927,§ 1,operative Jan.1,1989. Amended by Stats,1988,c.418,§ 7; Stats,1990, on or after January 1,
c.1572(A.B.3228),§ 14; Stats.1996,c.549(A.B.3081),§ 1.) between the amount c
)' I Enrolled 6i11 contains nodose parenthesis.
attributable to the deve
•(c) Upon receipt of a
Notes of Decisions u• expend'the'fees pursuai
In general I - or in form of taxes, assessments, user or development �Q k " ` For the fif
Development fee 2 fees. Ehrlich Y.City of Culver City(1996)50 Ca1.RI Years thereafter, the k
242,12 Cal.4th 854,911 PI 429,rehearing denied,certlo- portion of e` " ` ac,
ran denied ,denie , ..
- Court of Appeals would take judicial notice of legislative (1) Identify the pure(
1. [n general history of statutes restricting imposition of real estate
Government generally has greater leeway with respect development fees, as it was relevant to resolution of (2) Demonstrate a re,
.i to noninvasive forms of land we regulation, and is given whether city excise tax constituted unlawful development (3) Identify all sour
broad deference to impose broadly applicable fees,wheth- fee. Centex Real Estate Corp.v.City of Vallejo(App.1 improvements identifiec
14 Additions.-or changes indicated;by..underline;,deletions,by,asterisks_".:*.* Additions c, 78
lb—
�i
�i
Proof of Publication
In Newspaper
STATE OF CALIFORNIA
County of Riverside
Jacquelin K. Welch says:
1. 1 am a citizen of the United States, a
resident of the City of Desert Hot Springs, ORDINANCE NO.iG31
County of Riverside, State of California, and
over the age of 18 ears. AN ORDINANCE OF THE CITY OF PALM SPRINGS CALI-
g Y FORNIA,ADDING SECTION 4.00.136 TO THE RENTAL
2. 1 am the Research.& Production Assistant ADJUSTMENTS FOLLOWING CONVERSION OF RENTAL
MOBILE HOME PARKS TO RESIDENT OWNERSHIP
of The Public Record, a newspaper of THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA,DOES ORDAIN as follows'
general circulation printed and published in the SECTION 1.Chapter S 08 of the Palm Springs Municipal
City of Palm Springs, County of Riverside Code,remling to rent control in mobile home parka,is hereby
amended by adding theme a new section to be numbered
State of California. Said The Public Record - 4 08 136,and reading,in its entirety as follows:
"408136 ReM Adhournent Following Conversion of Rental
is a newspaper of general circulation as that Mobile Home Park to Resident Ownership.
Scope&Intent.This section requires any subdivider to obtain a
term is defined in Government Code section certificate,as defined hennaflap from Ihe wri review commission
6000, its status as such havingbeen pnor to adjusting the ant payable for any resdeniloal rental talks)
established by judicial decree of the uperior 404,excess.1[lieExcept
rem mlowed by Chapters i 0 and/ore amount Except forsuch
a sent
.11.ider(s)who has/have
obtained the coinfloate required herein,this section bars any rant
Court of the State of California in and for the adjustment following the commencement of sales or offers for
sale obile
Count of Riverside in Proceeding No. Indio home arktny atis"esubjren subject Puranysuant ny rental Y g home park that Is the sublet[ n i(map.Pursuant Government
49271 , dated March 31, 1987, entered in Code§68427 5,or other subdivision map or application Ire con-
version to resident ownership This section Is intended to protect
Judgment Book No. 129, page 355, on non-pamahsing residents of residential rental Pulp) within a
rental mobile home park from any earl adjustment not authonmd
March 31,1987. by Chapters 402,404,and/or 4.08 and to protect form a sham,
3. The Public Record is a newspaper fraudulent,Called,or[her non-bobs fide conversions to resident
ownership as prohibited by El Dorado Palm Springs,LI Vs City
of general circulation ascertained and of Palm Springs(200)96 Cal.AteleAk 1153
established in the City of Palm Renal Units Within for Reuel
aMobilersion l Nmes,One Moreo Resident
Maps Units Within a Rental Mobile Home Partl to Resident
Springs in the County of Riverside Ownership. In subdrvI to any other adjust
rents of stale or
local law,endy subtllvlder seeking other
adjust rents an o any res-
State of California, Case No. RIC dentlal rental und(s)in correction with the conversion of a rental
358286, Filed June 8, 2001. mobile name park to resident 75orth ownership, rsrsuavt to
Government Cade application, whichi 5 Or through any other subdivision
map erapter40which ar olherw06 subject to regulation
4. The notice, of which the annexed is under Chapters 4 02,4 .a and/or lion of This code,shall first
obtaa true printed copy, was published 'n Met a fromamoun the t
any resIdenb commission,mills)oereinaibeng th-
t rent amount for an resldenlioal rental units therelna cedih-
the newspaper on the following cafe of been title conversion finding and determining that the
conversion to resident ownership is bona fide within[lie mean-
publication dates to wit: ing oral
las,and not undertaken as a sham,fraudulent,or failed
conversion to remove any residential rental miffs)proposed to
be converted to resident,ownership from the protections of the
August 5, 2003 City of Palm Springs Municipal Rent Control.
g Content of Application for Certificate of Bona Had Conversion to
Resident Ownership.The cerGhcate requim herein shall be sought
pursuant to a wniten application fled with[he rent review commis-
certify under penalty of perjury that the son under Section 4.08D]0(f)(2),which apphation shall Include the
above is true ,and correct. allowing Information (i)a copy of a resident support survey,can-
dueled either in the manner perscnbed by Government Case§
th 6642]5(d)(1),olin some other manner acceptable lo both the sub
-
Dated at Palm Springs, California, this 5 day divider and a resident homwownersassocialion,demonstrating the
of August, 2003. numerical support or opposition of each occuped residential rental
unit to conversion to resident ownership;and(it)a wniten appraisal,
c°ndepledfors in accordance whhnationally recognized
nd(if)awrit
appraisal standards,demonstralm the residential rental units to be
alien for sale are to ct d in for Ihelr lair with nvalue;lore(if)a recognized
ten appraisal,conducted in accordance whh nationally ranall miss
professional appraisal standards,establishing monthly renall roles
far non-p°mahaskig residents Idkoyii the data Of portrait
Jac7efin Welch rorsMen['Mth the majoemerde of Govemmenl Cede 66427.5(If;
ReProduction Assistant end(w)empa a thtion,medemwMhg and under eam,hemme
subtllvlder wNfyhg thaltlre map or othareppltwllon olrcornersion
Is Intended to facdsnts a bona title conversion of a rental maiM e
I home pal k resident fain ip,together YM a description of
each marketing plans or Incentives,if any,or other actions pro-
I' posed to be undertaken by such subefMclar to assure a bona Me
qu very.of a rental mobile home park to resident ownerhslp.
Conduct of Commission Proceednas Consideration of an
application for certificate of bona tide conversion to resident
ownership shall be conducted In The manner and within the time
prescribed by Section 4.OB.W far hardship rent increase pm-
passings Notice of an application shag be given awarding to
the procedures and practices of the commission then In effel for
hardship rent Increases,including the giving of notice of the fil-
ing of the application,date of pre-heanng conlerenca,if any,and
dale,time and place of the hearing on the application;which
notice shall be delivered to or posted on each residental rental
unit within the rental mobile home park which Is the subject of
an application for conversion from a land-lard tenant forth of
ownership to secured ownership.Any prospective pumhaseds)
of a residential rental unit(s),or current resident, or resident
homeowners' asswiallon, or city staff shall be entitled to
submdh information or an appraisal which sets froth whet Is con-
sidered to be the fair market sales andl or rental value of the
residential renal]does[hat are the subject of an application.
Grounds for Issuance of Corundum of Due Fide Concepcion
The rent review commission shall Issue to any subdivider a cap
llflca[e al bona title conversion upon finding,by a prepnderance,
al the evidence,of each al the following:(1)flat not fewer(hero
filly percent(50%)plus on of any occupied residential renall
unit(s)to be offered for sale pursuant t as map or application
for conversion of a rental mobile home park I resident owner-
ship support such conversion to resident ownership, and(if)
that the occupied residential rental units to be offered for sale
- - - - — - - --- - - — - — _ - - - end/or rent will be sold and/or rented for an amount not more
than the fair market value al such residential units;and(ill)that -
any subdivider has not filed the subdivision map or other appl,
Orion for conversion of a rental mobile home park to resident
ownership lot(he sole purpose of removing any occupied resi-
dent rental unll(s)therein from[he protections of this Chapter.
In the event such subdivider.or a resident,or resident home-
owners' association, or city stall submil(s) a pmrfmd
appralsal(s)or other probative Information which determine(s)
a fair market sales or rental value of the occupied residential
rental units which,on average differ by twenty percent(20%)or
greater in lair market sale and/or rental value,the rent resew
commission may,as a condition to Issuing a certificate of bona
Ilde conversion, requet the parties agree that each party or
each parry's appraiser select and jointly provide Instructions to
a third-parry Independent appraiser,and agree to jointly share
in the payment for an independent third appraisal,which third
appraises shall be deemed by the commission to constitute the
fair market sales and rental values of the occupied residential
rental units to be offered for sale Prowided the subdivider
agrees,in wirting,to offer each occupied residential renal]unit
jar sale and/or rent at the appraised hit market value deter-
mined by such thirdparyl appraiser, such agreement shall,
standing alone,drills such subdivider to the Issuance of a cop
t@cafe of bona fide conversion without any further showing
required heminabove
Effect of Failure to Obtain Carlucci.of Bona Fide Conversion
With respect to any conversion of a rental mobile home parle to
resident ownership for which any subdivider shall have failed to
obtain a certificate of bona fide conversion,as to any nompur-
chasing resident,the amount of rent to be paled for such bel-
dent al rental units)so occupied shall be only that rent autho-
rized under Chapters 4 02,4.04,and/or 4 08,as applicable,of
this code.
Violation Not a Misdemeanor Any violation of [his Section
4 08.13 shall not be deemed a misdemeanor,but may result in
administrative action by the rent review commission,pursuant
to Section 4080]0(0(2), or isle civil remedies, pursuant to
Section 4 OBO.120,or as otherwise provided by law
SECTION 2.CEOA EXEMPTION Adoption of this ordinance
is not subject to the Calltornia Emmnmental Ouallly Act
("CEOA")by viertue of Public Resources Code§§15061(1c)(3)
and/or 21080 B so long as the application required brain does
not involve any expansion of the number of residential units
within a property to be continued to be operated as a resident
owned mobile home park.
SECTIONS. SEVERIBILITY If any section, sub-secllon, sen-
tence,clause or phrase Of this ordinance Is far any mason,held to
be invalid or unconstitutional by the decision of a court of compe-
tent jurisdiction,such dclslon shall not effect the validity of the
remalnln portions of the ordinance The City Council of the City of
Palm Springs hereby dewlres that is would have passed(his ordi-
nance,and each and every section,sub-section,sentence,clause,
a or phrase thereof not declared invalid or unconstitutional without
regard to whether any pardon of the ordinance would be subse-
quentiy declared invalid or unconsld dllonal.
SECTION 4.EFFECTIVE DATE This ordinance shall be in full
farce and effect thirty(30)days alter passage,and shall no[
r apply to any pending conversion for which the subdivider has
obtained a ten(ailve of final map
I' SECTION 5.AUTHORITY TO ENACT.The Palm Springs City
Council is expressly auladzed to enact this ordinance by virtue
of Municipal Cade§4.08.140
SECTION B. PUBLICATION.The City Clerk is hereby ordered
and directed to certify to the passage of the Ordinance,and to
cause the same or a summary thereof,or a display advertise-
ment,duly pe,Pared according to law,to be published in accar-
dance with law
ADOPTED this 23rd day of July,2003
AYES:Membero Hodges,Mills,Dead,Roller-Spurgln and
Mayor Kle]nd]ed ct
NOES:NONE
ABSENT:NONE
ABSTAIN:NONE
/s6 Patricia A.Sanders,City Cleric
/s/ William G.Kleindienst,Mayor
5