BELOW IS AN AERIAL VIEW OF THE SITE.
BELOW IS A VIEW OF THE EAST (FRONT) ELEVATION. BELOW IS A VIEW OF THE WEST (REAR) ELEVATION.
Related Relevant City Actions by HSPB, Planning, Fire, Building, etc.
August, 2023 Site inspection by members of the HSPB and City Staff.
Ownership Status
April, 2018 Purchased by the current owner.
Item 2B - Page 155
Historic Site Preservation Board Staff Report: September 5, 2023 HSPB-150 – The Koerner Residence
ANALYSIS:
A historic resources report (“the report”) and a site visit by staff and members of the HSPB are the basis of this staff report.
The one-story home has low-slung roofs with gentle slopes set on clerestory windows and glass walls that bring light into the space. The deep overhangs create occupiable space below, and the painted “slumpstone” walls and the sandblasted vertical board-andbatten walls visually articulate the building mass.
The surrounding landscape design consists of two distinct gardens. The rear garden contains the swimming pool, the curved slate bench and trellis structure, fountains, native stone retaining walls, earth mounds containing a variety of plantings, and expansive lawn.
The buffer garden found along the garden walls reflect the native desert landscape.
The current owners purchased the property in 2018 and restored the entire site according to the original design. This scope of work included the removal of non-historic additions and the reconstruction of significant features.
Historic Preservation activities in Palm Springs are regulated under Municipal Code Section 8.05 (“Historic Preservation”). The purpose of the Historic Preservation Ordinance is:
“…to stabilize and improve buildings, structures or areas which are considered to be of historical, architectural, archaeological or ecological value, to foster civic beauty, to strengthen the local economy and to promote the use of historic resources for the education and welfare of the citizens.” Conditions that apply to Class 1 historic sites or resources:
1. It shall meet the definition of a historic site as outlined in Municipal Code Section
8.05.020.
2. An archival file shall be maintained on the property by the City.
3. It may be qualified as ‘historic’ at the federal, state, and/or county level.
4. A marker explaining the historic nature of the site may be installed in a location viewable from the public way.
5. Compliance with all rules and regulations for Historic Resources and Historic Districts under Chapter 8.05 of the Municipal Code.
6. If designated, the findings in support of designation shall be stated in a resolution of the City Council that shall be recorded with the County Recorders’ office within 90 days of the effective date of the Council’s resolution.
Evaluation of the Application. Pursuant to Municipal Code Section 8.05.070 (C,1,a), the HSPB shall evaluate the application and make findings in conformance with the following criteria:
Item 2B - Page 156
Historic Site Preservation Board Staff Report: September 5, 2023 HSPB-150 – The Koerner Residence
Criteria for the Designation of Class 1 Historic Resources. A site, structure, building or object may be designated as a Class 1 historic resource, provided both of the following findings (“a” and “b”) are met:
a. The site, structure, building or object exhibits exceptional historic significance and meets one or more of the criteria listed below:
The restored Koerner residence is brought back to its period of significance and is an outstanding example of Modern architecture from the mid-twentieth century that demonstrates exceptional historic significance because of its association with master architect E. Stewart Williams and landscape designer Garrett Eckbo and Francis H. Dean. (Criterion i) The resource is associated with events that have made a meaningful contribution to the nation, state or community; No information was provided indicating any significant event was directly associated with this site. The site does not qualify under Criterion i. (Criterion ii) The resource is associated with the lives of persons who made a meaningful contribution to national, state or local history; The report provides a robust history of the first owners, Leon and Thea Koerner, and lists their important contributions to British Columbia. The Koerners are recognized as a “Person of National historic Significance”, but the report does not expand on their contributions to local, state or national history of the United States. Unlike the applicant, staff finds the site does not qualify for Criterion ii. (Criterion iii) The resource reflects or exemplifies a particular period of national, state or local history;
The home was constructed during the context of “Post-World War II Palm Springs.” The rise in wealthy tourists and seasonal residents during this time was a clear indicator of the growing prosperity following the wars. Modernist ideals and a newfound concern for the landscape design became important for designers. Although E. Stewart Williams was not formally trained in Modernism, he was highly influenced by Scandinavian Modern design and the principals of using “organic forms” and “natural materials.”1 The Koerner residence integrates natural materials with Modernist ideas regarding light, fenestration and form. E. Steward Williams uses building details and materials to extend the interior space to the exterior. Additionally, the site placement of the home places an emphasis on the landscape design. The restored earth mounds and the different fountain features are a few of the qualities identified as significant to the landscape design. Staff finds the site qualifies as a historic resource under Criterion iii.
1 According to the City of Palm Springs Context Paper “Post-World War II Palm Springs (1945-1969).
Item 2B - Page 157
Historic Site Preservation Board Staff Report: September 5, 2023 HSPB-150 – The Koerner Residence
(Criterion iv) The resource embodies the distinctive characteristics of a type, period or method of construction;
Unlike the National Register criterion concerning construction, the Palm Springs evaluation of construction addresses the type (of construction), the period (of construction) and the method (of construction). The post-and-beam construction was a conventional method of construction; however, the structural use of “slumpstone”, which was a relatively new building material at that time, was innovative. It was used in such a way that the material transitioned from an interior wall to an exterior garden wall. The surface texture of the “slumpstone” gave the appearance of a more natural material like adobe, yet it was lightweight and cost efficient. Staff concurs with the applicant’s analysis and finds that Criterion iv is met.
(Criterion v) The resource presents the work of a master builder, designer, artist, or architect whose individual genius influenced his age, or that possesses high artistic value;
The site planning and the design of the home was by master architect E. Stewart Williams and the landscape design was by Garrett Eckbo and Francis H. Dean. Architect E.
Stewart Williams, one of the most influential architects from that time period, designed other notable buildings such as the Palm Springs Art Museum and the Edris House. His work is based on the notion that the site generates the form of the building and that all aspects of design must be compatible with the surrounding landscape. Garrett Eckbo and Francis H. Dean created a lush landscape design around the home utilizing large natural stone retaining walls, planters, fountains and earthen mounds. Both the architect and the landscape architects were highly influential, and their work at the Koerner Residence possesses high artistic value, thus staff finds Criterion v is met. (Criterion vi) The resource represents a significant and distinguishable entity whose components may lack individual distinction, as used in evaluating applications for designation of historic districts, for parcels on which more than one entity exists; or
No information has been provided that the resource qualifies under Criterion vi. (Criterion vii) The resource has yielded or may be likely to yield information important to national, state or local history or prehistory.
No information has been provided on any pre-historic significance of the site.
Analysis of Integrity. (PSMC 8.05.070 (C,1,b). The site, structure, building or object retains one or more of the following aspects of integrity, as established in the Secretary of the Interior’s Standards: integrity of design, materials, workmanship, location, setting, feeling, or association.
Item 2B - Page 158
Historic Site Preservation Board Staff Report: September 5, 2023 HSPB-150 – The Koerner Residence
The Koerner Residence is evaluated in terms of its historic integrity as follows:
Location.
The resource remains in its original location of construction, therefore, retains its integrity of location.
Design.
The layout of the building on an 8x8 foot grid dictates the spatial layout of the home. The post-and-beam construction is clad with vertical board-and-batten wood siding that was sandblasted to better reveal the natural wood grain and textures. This treated wood siding transitions seamlessly from the inside of the home to the exterior. The “slumpstone” walls also extend from the interior to the exterior. The home incorporates design queues found in ranch homes, such as a low-slung roof and wood siding, giving it a modest appearance; however, the use of expansive glass doors/windows, clerestory windows, and asymmetrical rooflines clearly demonstrate Modernist design principals. The recent remodel removed all non-historic additions made in 1973 and brought it back to the original 1955 floor plan.
The landscape design created an adequate amount of open space to view the surrounding landscape and pockets of lush garden spaces viewed from the interior of the home. The gardens contain unique planting material and features like fountains and natural boulders and stones that enhance the composition of the landscape. The earth mounds are used to create texture and a sense of movement, and recreational spaces include the original swimming pool and the reconstructed slate bench seating area and shade structure. The original design intent was restored with the most recent work.
Setting.
The setting of the property was maintained by preserving the landscape design surrounding the home. Since the original construction of the home in 1955, the Deepwell subdivision has been developed, however, the setting immediately surround the property has been maintained and virtually unchanged. The integrity of setting remains intact.
Materials.
The restoration included replacement of original materials that were deteriorated and/or altered. This work was done using historic documentation and existing original material.
The existing vertical wood siding was sandblasted and painted as part of the restoration, and areas with missing or damaged siding was matched to the original material. The “slumpstone” walls were re-painted and the fenestration remains a single pane glass.
Workmanship.
The construction of the building appears to use conventional construction methods but the attention to detail, particularly the seamless transition of materials from the interior to the exterior, demonstrates high-quality workmanship. Staff finds the integrity of workmanship is clearly visible.
Item 2B - Page 159
Historic Site Preservation Board Staff Report: September 5, 2023 HSPB-150 – The Koerner Residence
Feeling.
The property remains a single-family home designed with Modernist design principals that remain the focal point. The site placement of the home remains unchanged in a landscape design that includes two gardens and a recreational area. The overall expression, design aesthetic and setting are maintained allowing the feeling of the site to remain intact.
Association.
The property is associated with the renowned architect E. Stewart Williams and landscape architects Garrett Eckbo and Francis Dean. Both groups are highly respected designers that have contributed in a meaningful way to their respective professions. Their notable design traits/features associate the designers to the site.
DEFINING HISTORIC CHARACTERISTICS
In considering a recommendation for historic resource designation it is important to distinguish those physical elements that are original or from the period of significance that contribute to the resource’s historic significance from alterations, additions or features that were added at a later time that may be sympathetic to the original character, but which may create a false sense of historicity. Distinguishing original character-defining features from non-original elements aids the HSPB when it is tasked with evaluating future alterations to the historic resource.
On page 34, the report identifies the physical character-defining historic features of this site as follows:
• Low slung ranch-style home designed on a modular eight-foot grid • Open carport design with deep overhangs
• Indoor/outdoor atrium space adjacent to primary bedroom • Thin steel-framed sliding glass doors, windows, and casement doors • Large expanses of glazing and clerestory windows
• Sandblasted board-and-batten vertical wood details
• Formica-covered front door
• Original “slumpstone” block walls that extend beyond the interior of the home becoming the exterior walls
• Open beam terrace on the rear of the house
• Swimming pool
• Flagstone paving and white concrete exposed aggregate paving around the slatted bench feature under the trellis
• Trellis and slatted curved bench and planter box
• Landscape/outdoor design features that include the following details:
o Sculpted earth mounds in rear garden
o Native stone retaining walls in rear garden
o Planting beds on three sides of the house
o Shallow steel tank ends used for planters and fountains Item 2B - Page 160
Historic Site Preservation Board Staff Report: September 5, 2023 HSPB-150 – The Koerner Residence
Non-contributing elements:
• Photovoltaic Panels on the roof
• Mechanical and pool equipment
ENVIRONMENTAL ASSESSMENT
The proposed historic resource designation is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.
NOTIFICATION
Pursuant to section 8.05.140 of the Municipal Code of Palm Springs, all residents within five hundred (500) feet of the subject property have been notified and notice was published in a newspaper of general circulation.
CONCLUSION:
The Koerner Residence meets the definition of a historic resource based on Criterion 3, 4 and 5 of the Palm Springs Historic Preservation Ordinance; therefore, staff recommends Class 1 designation. The property possesses historic integrity to qualify as a Class 1 (“Landmark”) site.
PREPARED BY: Sarah Yoon, Associate Planner/Historic Preservation Officer REVIEWED BY: David Newell, AICP, Assistant Director of Planning Attachments:
A. Vicinity Map
B. Draft Resolution
C. Application, related background materials, photos.
Item 2B - Page 161
EXCERPTS OF MINUTES
At the Historic Site Preservation Board meeting of the City of Palm Springs, held September 5, 2023, the Historic Site Preservation Board took the following action:
2.A. APPLICATION BY DAVID AND KATHERINE WRIGHT, REPRESENTED BY
THE PALM SPRINGS PRESERVATION FOUNDATION FOR POSSIBLE
HISTORIC DESIGNATION OF “THE KOERNER RESIDENCE” LOCATED AT 1275 SOUTH CALLE DE MARIA” (HSPB 150) (SY).
Staff member Yoon summarized the staff report.
Member Hansen stated that the HSPB resolution should identify the overall site design as a character defining feature and clarify the description of a ranch-style home to say a “contemporary” ranch-style home to better describe the property.
Chair Hough opened the public hearing.
There were no speakers.
Chair Hough closed the public hearing.
Vice Chair Nelson questioned why the hedge was installed in front of the house hiding the home from the street and asked that it be identified as non-contributing feature.
Member Moruzzi agreed with Vice Chair Nelson’s comments regarding the installed hedge. He also mentioned that the report written for the National Register nomination should be recognized in this report.
Member Hansen concurred with Member Moruzzi’s comments about reference to the National Register report and that applications should include a clear bibliography.
Motion by Member Hansen, seconded by Vice Chair Nelson to adopt the revised findings listing the front yard hedge as a non-contributing element, and recommend that the City Council designate the Koerner Residence, (HSPB #150) as a Class 1 historic site.
AYES: Hough, Nelson, Hansen, Bachman, Herr, Moruzzi.
NOES: None.
ABSTAIN: None.
ABSENT: Rosenow.
Item 2B - Page 162
CITY COUNCIL STAFF REPORT
11/09/2023 PUBLIC HEARING
SUBJECT:
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO ADOPT AN EXTENSION OF A TEMPORARY MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW
APPLICATIONS AND TRANSFERS OF PERMITS TO ENGAGE IN CANNABIS
RETAIL ACTIVITIES, FOR CONSIDERATION OF APPROPRIATE AMENDMENTS
TO THE MUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858
RECOMMENDATIONS:
Open the public hearing, take evidence and public testimony, and close the public hearing.
1. Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance entitled, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, TO ADOPT AN EXTENSION OF A
TEMPORARY MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW APPLICATIONS AND TRANSFERS OF
PERMITS TO ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR
CONSIDERATION OF APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858.” (4/5 vote is required to take effect immediately)
2. Attachments
Item 2C
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 PUBLIC HEARING
SUBJECT: AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, TO ADOPT AN EXTENSION OF A TEMPORARY
MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW APPLICATIONS AND TRANSFERS OF PERMITS TO
ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR CONSIDERATION OF
APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE, IN
ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858
FROM: Scott C. Stiles, City Manager
BY: Department of Special Program Compliance
SUMMARY:
This agenda item provides the City Council with an opportunity to consider a first extension to the interim urgency ordinance placing a 10 months and 15 days moratorium extension on the City’s approval of new applications and transfers of cannabis retail business permits in the City. This moratorium will allow the City to study potential amendments to the Municipal Code and other regulations for the local cannabis industry.
The moratorium extension requires four-fifths (4/5ths) vote of the City Council to pass.
RECOMMENDATION:
1. Open the public hearing, take evidence and public testimony, and close the public hearing.
2. Waive the reading of the text in its entirety, read by title only, and adopt Urgency Ordinance No. _____, “AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, TO ADOPT AN EXTENSION OF A
TEMPORARY MORATORIUM FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS ON NEW APPLICATIONS AND TRANSFERS OF PERMITS
TO ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR CONSIDERATION OF
APPROPRIATE AMENDMENTS TO THE MUNICIPAL CODE, IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 65858.” (4/5 vote is required to take effect immediately)
Item 2C - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Cannabis Moratorium Ordinance Extension Public Hearing
BACKGROUND:
The City Council adopted Urgency Ordinance No. 2085 on October 26, 2023, allowing for an immediate pause on all new cannabis applications and transfers for business activity.
The purpose of that moratorium is to allow City staff sufficient time to conduct studies on the state of the cannabis industry and the potential over-saturation of certain markets of the cannabis industry. Under Urgency Ordinance No. 2085, the moratorium period lasts for 45 days, thereby ending on Sunday, December 10, 2023.
Under the existing moratorium, the City will not grant retail cannabis permits or accept or process any applications for cannabis operations when those applications are received during the moratorium period. The City will continue to process permit applications that have been received and are complete as of the date of Ordinance No. 2085 (October 26, 2023). Finally, the City will not accept or process any applications for transfers of cannabis permits received during the moratorium period.
As part of the October 26, 2023 urgency ordinance, the City Council directed the City’s Department of Special Services to study and develop potential amendments to the City’s General Plan, any specific plan, Municipal Code, or any other governing City planning document or policy related to overconcentration of and related impacts from cannabis business activities. The City Council also directed the City staff to issue a written report describing the measures that the City will be taking to address the conditions that led to the adoption of the moratorium. That report is due at least ten (10) days prior to the expiration of the initial moratorium, i.e., November 30, 2023.
STAFF ANALYSIS:
California’s Planning and Zoning Law, at Government code section 65858, provides that the cannabis moratorium may be extended by ten (10) months and fifteen (15) days, if the City Council adopts an ordinance, following a noticed public hearing. In order for the extension to become effective immediately, the Council vote must be at least a 4/5 vote.
Due to the ongoing studies and the dates of the City Council meetings in November and December, this matter is being brought back to the City Council at this noticed public hearing, so that the City Council can consider extending the moratorium for 10 months and 15 days. This extension will provide City staff with the time to conduct additional studies on possible amendments to City cannabis policies. If necessary, this moratorium can be extended for an additional twelve (12) months, by Council adoption of an additional ordinance. In addition, the City Council can, at any time, end the moratorium.
Staff anticipates issuing the written report required as part of the original moratorium on or before November 30, 2023. In addition, this extension ordinance, if adopted, directs City staff to issue another written report at least ten (10) days prior to the expiration of this extension.
Item 2C - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Cannabis Moratorium Ordinance Extension Public Hearing
ENVIRONMENTAL ASSESSMENT:
Staff recommends that the City Council find that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15306, because this ordinance temporarily ensures that the status quo is maintained while the City collects and researches data as part of a study leading to action that the City has not yet approved, adopted or funded.
ALIGNMENT WITH STRATEGIC PLANNING:
This action is one of the express priorities identified by the City Council, which is to “evaluate the existing cannabis program” as part of the City Council’s goal to enhance economic development and the quality of life.
FISCAL IMPACT:
During the moratorium no new businesses will be permitted, limiting tax revenues to existing business operations.
REVIEWED BY:
Department Director: Veronica Goedhart
Assistant City Manager: Teresa Gallavan
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Urgency Ordinance Extending Moratorium.
Item 2C - Page 3
ITEM NO._____
ORDINANCE NO. _____
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
PALM SPRINGS, CALIFORNIA, TO ADOPT AN
EXTENSION OF A TEMPORARY MORATORIUM FOR AN
ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS
ON NEW APPLICATIONS AND TRANSFERS OF PERMITS
TO ENGAGE IN CANNABIS RETAIL ACTIVITIES, FOR
CONSIDERATION OF APPROPRIATE AMENDMENTS TO
THE MUNICIPAL CODE, IN ACCORDANCE WITH
GOVERNMENT CODE SECTIONS 65858
City Attorney’s Summary
This Interim Urgency Ordinance extends a temporary
moratorium on City’s approval of new applications and
transfers of permits to engage in Cannabis Retail Activities for an additional period of 10 months and 15 days.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOW:
SECTION 1. Findings.
A. Cannabis Business Activities.
i. On October 26, 2023, pursuant to the California Government Code 65858, the City Council of the City of Palm Springs adopted Moratorium Ordinance No. 2085 (the “Ordinance”), which temporarily suspends the approval of new applications and transfers of permits to engaged in cannabis businesses and activities.
Pursuant to California Government Code 65858, the Ordinance shall expire and be of no further force and effect forty-five (45) days from its date of adoption (December 10th. 2023), unless extended by a further ordinance adopted by the City Council.
Section 65858 of the California Government Code provides that, prior to the expiration of the Ordinance, the City may, by a four fifths (4/5) vote, extend the Ordinance for an additional ten (10) months and fifteen (15) days after giving notice pursuant to Section 65090 of the California Government code and conducting a public hearing.
The City has provided notice pursuant to California Government Code Section 65090, and has conducted a public hearing regarding this proposed extension ordinance, at which time those wishing to be heard were provided an opportunity to do so.
Item 2C - Page 4
-2-
Palm Springs Municipal Code (PSMC) chapter 5.55 regulates and permits adult-use cannabis business and activity. The Palm Springs Zoning Code (PSZC) provides certain development and land use standards for cannabis business and activity, including a 500-foot separation between such establishments.
ii. Citywide, the City has received reports of concerns of over-saturation of cannabis retail businesses, raising concerns of the viability of cannabis retail establishments in the City.
iii. The City’s cannabis regulations and zoning restrictions are currently under review The City is currently considering amendments to address the current state of the cannabis industry in the City. The City has substantial interest in ensuring that the City’s cannabis industry is sustainable in order to protect the public health, safety, or welfare.
B. Public Health, Safety, and Welfare. Given the anticipated applications for cannabis operations in these areas and the City’s interest in protecting the viability of its commercial districts and preventing nuisances, there is a current and immediate threat to the public health, safety, and welfare if permits, entitlements, or other approvals for cannabis business and activities in these locations are issued.
C. Purpose. The purpose of this moratorium is to pause consideration of new and transfer cannabis retail businesses, to allow for the City to study and consider potential amendments to the Municipal Code to set standards and procedures to address concerns of potential over-saturation.
SECTION 2. Extension of Moratorium. Now, therefore, in accordance with California Government Code Section 65858, the City Council adopts this Ordinance, extending Ordinance No. 2085, the terms of which are incorporated herein by reference, for a period of ten (10) months and fifteen (15) days following the adoption of this Ordinance.
SECTION 3. CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of Regulations, Title 14, Section 15306, because this ordinance temporarily ensures that the status quo is maintained while the City collects and researches data as part of a study leading to action that the City has not yet approved, adopted or funded.
SECTION 4. Severability. If any section or provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this ordinance shall remain valid. The City Council hereby declares that it would have adopted this ordinance, and each section or provisions thereof, regardless of Item 2C - Page 5
-3-
the fact that any one or more section(s) or provision{s) may be declared invalid or unconstitutional or contravened via legislation.
SECTION 5. Effectiveness. This ordinance is declared an interim measure necessary for e immediate protection and preservation of the public peace, health, safety, and welfare for the reasons stated above, and it takes effect immediately on adoption by the City Council by at least a (4/5th) vote and signing by the City Clerk.
SECTION 6. Report. The City Council hereby directs the Department of Special Program Compliance and the Department of Planning Services to study and develop potential amendments to the Municipal and Zoning Code or any other governing City planning document or policy-related ordinance(s) regarding the possible over-saturation of, and related impacts from, the cannabis business activity. At least ten (10) days before this ordinance expires, City staff shall issue a written report, on behalf of the City Council, describing the measures that the City has taken to address the conditions that led to the adoption of this ordinance.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS ______ DAY OF ________________, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
GRACE ELENA GARNER, MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 2C - Page 6
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Urgency Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 2C - Page 7
CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
INTRODUCTION OF ORDINANCE ENTITLED “AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER
11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING
REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.”
RECOMMENDATION:
Introduce the following ordinance for first reading, entitled, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE,
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.”
Attachments
Item 3A
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 BUSINESS & LEGISLATIVE
SUBJECT: INTRODUCTION OF ORDINANCE NO. _____, “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS
MUNICIPAL CODE, ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS IN THE
CITY.”
FROM: Scott C. Stiles, City Manager
BY: Andrew Mills, Police Chief
SUMMARY:
This ordinance would amend the Palm Springs Municipal Code to prohibit the possession of detached catalytic converters without proof of ownership.
RECOMMENDATION:
1. Introduce the following ordinance for first reading, entitled, “AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102 TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE,
ESTABLISHING REGULATIONS PROHIBITING THE UNLAWFUL
POSSESSION OF CATALYTIC CONVERTERS IN THE CITY.”
BACKGROUND:
Catalytic converters are an external component of a vehicle, accessible from the underside of a parked car. They convert most of a vehicle’s emissions into less harmful forms, improving air quality and vehicle performance. As part of their construction, catalytic converters contain valuable materials such as platinum and palladium, rare metals that command ever-increasing prices on the recyclables market.
Catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified.
Item 3A - Page 1
City Council Staff Report
November 9, 2023-- Page 2
Catalytic Converter Ordinance
Individuals in possession of stolen catalytic converters are able to recycle them for substantial profit at relatively low risk, while victims are forced to commit to costly repairs.
By criminalizing the mere possession of an unattached catalytic converter absent proof of ownership or lawful possession, this ordinance would combat this criminal practice by:
(1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) prohibiting the falsification of information in documents and records used to verify ownership or lawful possession of a catalytic converter; (4) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (5) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (6) minimizing the fiscal and personnel impact on the City of Palm Springs and the Palm Springs Police Department by reducing the time invested in deterring and investigating catalytic converter thefts.
In 2021, approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounted for 37% of all catalytic converter theft claims nationwide.
STAFF ANALYSIS:
There is currently no City legislation applicable within the City of Palm Springs to directly define and punish catalytic converter thefts, absent an identifiable victim who is willing to participate in the prosecution of the theft. Additionally, there is currently no City, State, or Federal legislation applicable within the City of Palm Springs requiring individuals to provide proof to law enforcement as to how they obtained catalytic converters in their possession. This limits law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts and (2) seize suspected stolen catalytic converters when there is no identifiable victim present. As a result, preventing and punishing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers.
In 2022, the Legislature enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740 (the “Converter Bills”), which amended Business & Professions Code Section 21610 and enacted Vehicle Code Section 10852.5, which respectively: (1) requires “core recyclers” to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and (2) prohibits persons from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter.
The City Attorney has conducted extensive legal research to determine whether the Converter Bills preempt an ordinance enforcing criminal penalties for the unlawful Item 3A - Page 2
City Council Staff Report
November 9, 2023-- Page 3
Catalytic Converter Ordinance
possession of Converters (“Possession Penalty”) and falsifying related possession records (“Records Penalty”). While the Legislature has not expressed its intent to occupy the field of catalytic converter theft legislation, there is a fair argument that it does not preempt the proposed ordinance. Pursuant to Article XI, Section 5 of the California Constitution, the City of Palm Springs, as a charter city, has broad discretionary power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
The proposed ordinance adds a new chapter to the Palm Springs Municipal Code. The ordinance is based on an ordinance that was adopted by the Riverside County Board of Supervisors on September 12, 2023. The proposed ordinance makes it unlawful for any person to possess any catalytic converter that is not attached to a vehicle unless the person has a valid proof of ownership of the catalytic converter. Notably, the City is not required to prove the catalytic converter was stolen in order to establish the possession is not a “lawful possession.”
Under the ordinance, “documentation or other proof” could include the following types of documents:
• Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
• Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business. • Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
• Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.
The proposed ordinance also makes it unlawful to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
A violation of this ordinance will result in criminal penalties, primarily as a misdemeanor.
However, the City Attorney is authorized to reduce the charged offense to an infraction.
ENVIRONMENTAL ASSESSMENT:
The requested City Council action is not subject to the California Environmental Quality Act (CEQA), as it is not a “Project” as defined by CEQA. (CEQA Guidelines 15060(c)(3).) Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the Municipal Code to create a new criminal offense and is exempt Item 3A - Page 3
City Council Staff Report
November 9, 2023-- Page 4
Catalytic Converter Ordinance
from CEQA under the “common sense” exemption (CEQA Guidelines 15061(b)(3)), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The requested action is further exempt under Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment.
ALIGNMENT WITH STRATEGIC PLANNING:
Approval of this action supports City Council priority 1B, Crime Reduction.
FISCAL IMPACT:
Approval of this ordinance will not, by itself, cause any fiscal impact to the City. Of course, enforcement of the ordinance by the City’s Police Department and City Attorney’s Office will require funding. However, it is anticipated that the amount of such costs will not be significant.
REVIEWED BY:
Department Director: Andrew G. Mills, Police Chief
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Ordinance No. _____
Item 3A - Page 4
46708.00100\40920509.1
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.102
TO TITLE 11 OF THE PALM SPRINGS MUNICIPAL CODE
ESTABLISHING REGULATIONS PROHIBITING THE
UNLAWFUL POSSESSION OF CATALYTIC CONVERTERS
IN THE CITY
City Attorney’s Summary
This ordinance would amend the Palm Springs Municipal
Code to prohibit the possession of detached catalytic
converters without proof of ownership.
WHEREAS, in 2021, approximately 1,600 catalytic converters were reportedly stolen in California each month, and California accounted for 37% of all catalytic converter theft claims nationwide; and
WHEREAS, the residents of Palm Springs have experienced rising catalytic converter thefts from automobiles over the past several years; and WHEREAS, there is currently no City legislation applicable within the City of Palm Springs to define and punish catalytic converter thefts absent an identifiable victim who is willing to participate in the prosecution of the theft; and WHEREAS, there is currently no City, State, or Federal legislation applicable within the City of Palm Springs requiring individuals discovered to be in possession of detached catalytic converters to provide proof to law enforcement as to how they obtained catalytic converters, thus limiting law enforcement’s ability to (1) protect the public by preventing catalytic converter thefts; and (2) seize suspected stolen catalytic converters when no victim is present; and
WHEREAS, the Legislature has enacted, and the Governor has signed into law, Senate Bill (SB) 1087 and Assembly Bill (AB) 1740, which generally prohibit (1) individuals from purchasing a used catalytic converter from anyone other than certain specified sellers, including automobile dismantlers, automotive repair dealers, or an individual possessing documentation, as specified, that they are the lawful owner of the catalytic converter; and (2) requires “core recyclers,” as defined, to keep a detailed written record, including the year, make, and model of the car form which a catalytic converter was removed, as well as a copy of the vehicle’s title, prior to purchasing a catalytic converter from a seller; and
WHEREAS, the Legislature has not expressed its intent, whether explicitly or impliedly, to occupy the field of catalytic converter theft legislation; and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and Item 3A - Page 5
Ordinance No.
WHEREAS, catalytic converter thefts are on the rise because individuals are incentivized to commit catalytic converter thefts for multiple reasons including, but not limited to: (1) the ease and undetectable nature of committing such thefts, potentially in a matter of seconds and through the use of common tools such as a reciprocating saw; (2) the ability to recycle catalytic converters at scrap metal yards for high dollar returns ranging from $200 to $1,200 per catalytic converter; and (3) loopholes in legislation protecting criminals from prosecution unless a victim can be identified; and WHEREAS, preventing these crimes at present is nearly impossible due to the ease and speed with which catalytic converter thefts can be committed and the difficulty of tracing a particular catalytic converter back to its prior owner (the victim), because catalytic converters typically have no identifying markers; and WHEREAS, the residents of Palm Springs and the Palm Springs Police Department are in need of legislation criminalizing mere possession of catalytic converters absent proof of ownership or lawful possession, for multiple reasons including, but not limited to: (1) achieving deterrence by establishing zero-tolerance for catalytic converter thefts; (2) establishing sanctions for possessing stolen catalytic converters; (3) preventing criminals from profiting from the sale and recycling of stolen catalytic converters; (4) providing indirect justice to the victims of catalytic converter theft cases that have gone or will go unsolved for the reasons discussed above; and (5) minimizing the fiscal and personnel impact on the City of Palm Springs and the Palm Springs Police Department by reducing the time invested in deterring and investigating catalytic converter thefts; and
WHEREAS, individuals who are in possession of stolen catalytic converters recycle them for substantial profit while victims of these thefts suffer tremendous consequences in the form of costly repairs, inconvenience, and feelings of a lack of safety in the community; and
WHEREAS, the City desires to regulate the possession of detached catalytic converters within its jurisdiction in order to better protect its residents, their property, and their community; and
WHEREAS, regulating possession of detached catalytic converters neither contradicts nor duplicates the statutes adopted by the Legislature on the topic of catalytic converters; and
WHEREAS, this Ordinance is necessary to provide the City of Palm Springs and the Palm Springs Police Department clear legal authority to better protect the public and deter this criminal activity.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Item 3A - Page 6
Ordinance No.
SECTION 2. Ordinance: Amending the Municipal Code.
Chapter 11.102 of Title 11 of the Palm Springs Municipal Code is hereby added to ready as follows:
“Chapter 11.102 Unlawful Possession of Catalytic Converter Section 11.102.010 Unlawful Possession of a Catalytic Converter Prohibited.
A. It shall be unlawful for any person to possess any catalytic converter that is not attached to a vehicle, unless the possessor has valid documentation or other proof to verify that they are in lawful possession of the catalytic converter.
B. It is unlawful for any person to falsify or cause to be falsified any information in any documentation or other proof intended to show valid proof of ownership or possession of a catalytic converter.
C. For purposes of this section, “lawful possession” includes (1) being the lawful owner of the catalytic converter or (2) in possession of the catalytic converter with the lawful owner’s written consent. It is not required to prove the catalytic converter was stolen to establish the possession is not a “lawful possession.”
D. For purposes of this section, “documentation or other proof” means written document(s) that clearly identify the vehicle from which the catalytic converter originated based on the totality of the circumstances, and includes, but is not limited to, the following types of documents:
1. Bill of sale from the original owner with the signature of the vehicle owner authorizing removal of the catalytic converter, as well as the name, address, and telephone number of the vehicle owner.
2. Documentation from an auto-body shop or similar business proving that the owner relinquished the catalytic converter to the auto-body shop or similar business.
3. Verifiable electronic communication from the previous owner to the possessor relinquishing ownership of the catalytic converter.
4. Photographs of the vehicle from which the catalytic converter originated clearly showing the license plate number and vehicle identification number (VIN) of the car from which the catalytic converter was removed.
E. Each and every violation of this section shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the Palm Springs Municipal Code. Each and Item 3A - Page 7
Ordinance No.
every catalytic converter unlawfully possessed is a separate violation of this section.
F. It is unlawful and a misdemeanor subject to punishment in accordance with Chapter 1.01 of Title 1 of this Code, for any person to violate any provision of this section. The City Attorney may, in his or her discretion, prosecute misdemeanor violations of this section as infractions.
G. The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law.”
SECTION 3. Compliance with California Environmental Quality Act. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Further, if the activity is deemed a project this City Council finds that this Ordinance is exempt pursuant to Section 15061(b)(3) of the State CEQA Guidelines, as it can be seen with certainty that there is no possibility that this Ordinance may have a significant effect on the environment.
SECTION 4. Severability. If any section, subsection, subdivision, sentence, or clause, or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases are declared unconstitutional, invalid, or ineffective.
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption.
SECTION 6. Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published in a newspaper of general circulation printed and published within the City of Palm Springs, pursuant to all legal requirements.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS _____ DAY OF ______________, 2023.
_______________________
GRACE GARNER
MAYOR
ATTEST:
Item 3A - Page 8
Ordinance No.
________________________
BRENDA PREE, MMC
CITY CLERK
I, Brenda Pree, City Clerk of the City of Palm Springs, California, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Palm Springs held on the ____ day of __________, 2023, and was adopted at a regular meeting of the City Council of the City of Palm Springs on the ____ day of __________, 2023, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Brenda Pree, City Clerk
Item 3A - Page 9
CITY COUNCIL STAFF REPORT
11/09/2023
SUBJECT:
REQUEST TO ADD CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL CODE
RELATING TO THE FORMATION AND ADMINISTRATION OF COMMERCIAL
DISTRICTS
RECOMMENDATIONS:
1. Waive the reading of the ordinance text in its entirety and read by title only; Introduce on first reading Ordinance entitled, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM
SPRINGS MUNICIPAL CODE ESTABLISHING PROCESSES AND
PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.”
2. Attachments
Item 3B
CITY COUNCIL STAFF REPORT
DATE: NOVEMBER 9, 2023 BUSINESS & LEGISLATIVE
SUBJECT: REQUEST TO ADD CHAPTER 2.65 TO THE PALM SPRINGS MUNICIPAL
CODE RELATING TO THE FORMATION AND ADMINISTRATION OF
COMMERCIAL DISTRICTS
FROM: Scott C. Stiles, City Manager
BY: Flinn Fagg, Deputy City Manager
SUMMARY:
This is a request to add Chapter 2.65 to the Palm Springs Municipal Code (PSMC) to allow for the formation of commercial districts and to provide guidelines for the administration of the districts. The proposed ordinance is modeled after the neighborhood organization ordinance found in PSMC Chapter 2.55. This item is being brought forward for consideration based upon direction provided by the City Council at the meeting of October 12, 2023.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and read by title only; and
2. Introduce on first reading Ordinance No. _____, “AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM
SPRINGS MUNICIPAL CODE ESTABLISHING PROCESSES AND
PROCEDURES FOR THE FORMATION OF COMMERCIAL DISTRICTS.”
STAFF ANALYSIS:
The purpose of the proposed ordinance is to establish a process for the recognition of commercial districts, provide procedures for commercial district formation, provide for City coordination with commercial district representatives, and to provide better communication between business owners and the City. The ordinance is modeled on the neighborhood organization ordinance found in PSMC Chapter 2.55, and provides similar standards for formation, administration, and communications.
Formation of commercial districts will be a voluntary process, initiated by business owners and commercial property owners. Commercial district organizers will be required to Item 3B - Page 1
City Council Staff Report
November 9, 2023 -- Page 2
Commercial District Formation Ordinance
submit a petition to the City requesting formal recognition, with the petition signed by a minimum of 50 percent of the business owners and/or property owners within the proposed district boundaries.
Boundaries of the commercial district shall be determined by the district organizers in consultation with the City. The City will provide administrative guidelines for district boundaries, with the following general recommendations:
• The district should be a contiguous area with identifiable boundaries or a common business theme (e.g., restaurant district, antique district, LGBTQ+ bars/shops, etc.).
• The district should be a minimum of one block in length and/or include a minimum of 10 businesses.
• The district should not overlap or conflict with other districts or organizations.
Commercial district organizations may adopt bylaws to establish policies for the administration of the district. The City will provide a template for the bylaws and will review the bylaws submitted by district organizations. Each district will elect a chairperson according to their respective bylaws, who will serve as the representative for the district.
Commercial district organizations may collect dues for expenses (mailing, copying, promotions, etc.), but dues will be voluntary.
The City will provide a liaison to work with the commercial district representatives; it is proposed that the Central Business District Administrator position in the Community and Economic Develop Department will be responsible for administration of the commercial district program. The City liaison will assist with the following:
• Provide support to commercial district organizers in reviewing district formation petitions and boundary selection;
• Maintain a map of all commercial districts and their respective boundaries; • Serve as a liaison between City departments and commercial district representatives in providing notice of City actions, capital projects, commercial programs, board and commission meeting agendas, legislative matters, and similar City functions;
• Meet with commercial district representatives at least twice per year to discuss the effectiveness of City communications and to discuss issues relevant to the needs of each district; and
• Perform other coordination duties as assigned by the City Manager.
ENVIRONMENTAL ASSESSMENT:
This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment [14 Cal. Code Regs. § 15378(a)]. Further, this Ordinance is exempt from Item 3B - Page 2
City Council Staff Report
November 9, 2023 -- Page 3
Commercial District Formation Ordinance
CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment [14 Cal. Code Regs. § 15061(b)(3)].
FISCAL IMPACT:
Adoption of the ordinance will have limited fiscal impact. The program will be administered by the Central Business District Administrator, an existing City position that is funded through the Community and Economic Development Department. Commercial district organizations will be responsible for funding their own private activities.
REVIEWED BY:
Deputy City Manager: Flinn Fagg
City Attorney: Jeffrey S. Ballinger
City Manager: Scott Stiles
ATTACHMENTS:
A. Draft Ordinance
Item 3B - Page 3
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING CHAPTER 2.65 TO THE PALM
SPRINGS MUNICIPAL CODE ESTABLISHING
PROCESSES AND PROCEDURES FOR THE FORMATION
OF COMMERCIAL DISTRICTS.
City Attorney’s Summary
The proposed ordinance establishes a process for the
formation of commercial district organizations, adopts
procedures for the administration of commercial districts, and provides for communication and coordination between district representatives and City staff.
WHEREAS, the City Council of the City of Palm Springs, California, recognizes the importance of participation in local government; and
WHEREAS, business owners and commercial property owners have demonstrated their interest in matters that affect the City’s commercial areas; and WHEREAS, participation by business owners and commercial property owners is more effective where a designated communication link and an organizational infrastructure exists to facilitate communication, encourage participation and seek to achieve consensus; and
WHEREAS, the City Council recognizes that there are a variety of projects undertaken by the City, or subject to the City’s approval, and that such projects include, but are not limited to, development projects; public works projects; temporary special events conducted either by the City or private entities subject to the City’s approval which may affect specific commercial areas; the abatement of nuisances; public safety issues; the adoption of ordinances and regulations which may affect business owners or the conduct of businesses; and similar matters; and
WHEREAS, in response to the requests from business owners and commercial property owners, to ensure the most efficient use of the time and resources of City Councilmembers, City Commissioners, City staff, citizens and other public and private entities, the City Council desires to add Chapter 2.65 to the Palm Springs Municipal Code to establish a process for the formation of commercial district associations, provide procedures for administration of such districts, and establish coordination pathways between City staff and commercial district members.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS:
Item 3B - Page 4
Ordinance No. _____
SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by the and through this Ordinance.
SECTION 2. Chapter 2.65 is hereby added to the Palm Springs Municipal Code to read as follows:
“Chapter 2.65 COMMERCIAL DISTRICT FORMATION
2.65.010 Purpose.
This chapter is intended to create a framework to include the business owners of the city of Palm Springs in civic affairs to work to improve the livability and character of their commercial districts and the city. This chapter sets forth the basis for recognition of commercial districts and the responsibilities and benefits accruing thereto, as well as an additional manner in which the commercial districts can receive notification of city actions that may affect businesses. There are a variety of projects undertaken by the city, or subject to the city’s approval, or otherwise affecting the quality of life for Palm Springs businesses, which the commercial district organizations can receive notice of.
The purpose of this chapter is to foster partnerships of open communication by establishing a mechanism for two-way communication between the city and commercial district organizations, to allow for direct participation and education of the city’s businesses, and to encourage diverse perspectives, which is intended to lead to innovative solutions and consensus.
2.65.020 Limitations.
Nothing herein is intended in any way to limit or govern the rights of business owners or property owners to associate or to form groups or nonprofit entities as they desire. This chapter is merely intended to create a process so that commercial district organizations can be given notice of city actions that may affect the city’s businesses. This process is not a substitute for the notification required by law, but is in addition to such requirements and city officials shall continue to separately meet all requirements for notice provided by state and local laws.
2.65.030 Definitions.
“City actions” that are subject to this chapter are those events, actions of City Council, city boards, commissions, agencies or departments and other occurrences regarding public safety and general interest and welfare that affect the City’s businesses. The city manager, shall work with the various departments of the city to develop a detailed list of what shall be considered city actions under Item 3B - Page 5
Ordinance No. _____
this chapter, pursuant to Section 2.65.050(4). Examples of city actions include, but are not limited to, development projects; public works projects of interest because they affect public access; special events conducted by either the city or private entities subject to the city’s approval that may affect specific commercial districts; the abatement of nuisances; public safety issues; and the adoption of ordinances and regulations that may affect businesses.
“Map of commercial district organization areas” means the map drawn by the city manager to establish the areas of representation for the commercial district organizations, pursuant to Section 2.65.050(2).
“Commercial district” means geographically contiguous businesses at least one block in length; or ten (10) or more businesses with a commonality of interests, such as restaurants, retailers, or art galleries.
“Commercial district boundaries” means the boundaries of each commercial district as established in the map of commercial district organizations. “Commercial district organization” means an autonomous organization, whether incorporated or not, formed voluntarily by business owners for the purpose of considering and acting on issues affecting livability and quality of their commercial district.
“Commercial district representative” means the Chair of each commercial district organization.
“Special events” include events conducted by either the city or private entities subject to city approval that may affect surrounding property. When there is a series of linked events, one notice may be given listing all of the applicable dates.
2.65.040 Findings.
The City Council finds that there is a need to maintain strong channels of communication with the businesses of Palm Springs on matters affecting their commercial districts. It is the intent of the City Council to foster a partnership of open communication between the city and its commercial districts; to enhance the environment in which businesses are afforded an opportunity to participate in governmental decisions; to foster cooperation and consensus among diverse interests; to assist the city and businesses in developing solutions to mutual concerns; and to foster within the city government a service orientation towards its businesses and to develop in the businesses a sense of personal pride and responsibility for their commercial districts. The City Council has recommended that recognized commercial district organizations be included in the formation of policies and procedures relating to the governance of the city.
Item 3B - Page 6
Ordinance No. _____
The city shall provide notice hereunder to each commercial district representative who shall be responsible for communicating with their respective commercial district organization. The commercial district organizations shall not be subject to the Brown Act, as they were not created by the City Council, nor do they exercise any authority that may lawfully be delegated by the City Council to them.
2.65.050 City Manager duties and authority for commercial districts.
The city manager shall designate a liaison to communicate and coordinate with the commercial district representative. It shall be the duty of the city manager, and he or she shall have authority:
(1) To certify the commercial district organizations;
(2) To set the boundaries of each commercial district organization on the map of commercial district organization areas and any revisions thereto; (3) To establish procedures for the departments of the city to give notice to the commercial district representatives, with a reasonable opportunity for the commercial district organizations to respond prior to city actions being undertaken by any agency or department of the city, any board or commission of the city or the City Council as outlined in subdivision (4); (4) On an as-needed basis, to meet with the various departments of the city that communicate with citizens who will be affected by the department’s actions and, if necessary, to discuss with such departments strategies to improve such communications. The city manager shall develop a list of activities which shall be considered city actions hereunder and what notice is recommended for such city action;
(5) To meet with commercial district representatives at least semi-annually to evaluate from the perspective of commercial district representatives whether the city has provided timely notice to commercial district representatives of city actions and whether the city was responsive to the commercial districts;
(6) To work with commercial district representatives to establish the standards for reasonable notice, openness and participation in commercial district meetings, as further described in Section 2.65.060;
(7) To keep the City Council fully advised as to the needs of the commercial districts and to recommend to the City Council for adoption necessary measures and ordinances; and
(9) To perform such other duties and exercise such other authority as may be Item 3B - Page 7
Ordinance No. _____
delegated from time to time by ordinance or resolution of the City Council.
2.65.060 Commercial district organizations.
(1) To establish a commercial district organization, more than 50% of the businesses in the commercial district boundaries shall affirmatively vote to establish the commercial district organization. The formal petition with the names/signatures of business owners participating in the district shall be submitted to the City Manager for approval of the commercial district organization.
(2) The membership of commercial district organizations shall be open to all business owners and owners of property within the commercial district boundaries. The commercial district organization shall give reasonable notice of all its meetings to all business owners and property owners within its boundaries. The commercial district organization’s bylaws shall guarantee that all meetings will be open and public and will permit, to the extent feasible, every person eligible for membership to participate in the conduct of business, deliberation and decision-making at such meetings. (3) In accordance with the commercial district organization bylaws, the commercial district organization shall elect a chair who shall serve as the commercial district representative.
(4) All members of the commercial district organization may actively participate in commercial district events, activities and meetings, and may exercise voting rights pursuant to the bylaws, without regard to their actual or perceived race, color, religion, ancestry, national origin (as such term is defined in Section 2.45.010 of the Palm Springs Municipal Code), disability, medical condition, marital status, domestic partner status, sex, gender, gender identity, gender expression, or sexual orientation or as a member of any other protected class. The commercial district organization will be responsible for maintaining records to show its efforts at outreach, the level of participation in the organization and the organization’s activities.
2.65.070 Funding.
If the bylaws of the commercial district organization establish membership dues, then dues shall be voluntary and shall not bar any business owner or property owner from participation in the commercial district organization. Voluntary dues, contributions, contracts, grants or subscriptions may be used by a commercial district organization as provided for in the commercial district organization’s bylaws.
2.65.080 Commercial district organization reports.
Item 3B - Page 8
Ordinance No. _____
Each recognized commercial district organization shall submit the minutes of its annual meeting and any special meetings, as well as the list of the members of its governing body and the expiration dates of their terms of office, to City Manager’s designee within thirty days following such meeting. Additionally, the commercial district organization shall file all changes to its bylaws with the City Manager’s designee within 30 days following their adoption or amendment.” SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Palm Springs hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 4. California Environmental Quality Act. This Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment [14 Cal. Code Regs. § 15378(a)]. Further, this Ordinance is exempt from CEQA as there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment [14 Cal. Code Regs. § 15061(b)(3)].
SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days following its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS _____ DAY OF ______________, _________.
GRACE ELENA GARNER
MAYOR
ATTEST:
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 9
Ordinance No. _____
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, BRENDA PREE, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. ____ is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on _________ and adopted at a regular meeting of the City Council held on __________ by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ______ day of ______________, _________.
BRENDA PREE, MMC
CITY CLERK
Item 3B - Page 10