HomeMy WebLinkAbout4/6/2011 - STAFF REPORTS - 2D FpR�Ms
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City Council Staff Report
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DATE: April 6, 2011 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1785,
PROHIBITING MOBILE VENDING NEAR SCHOOLS
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance Nos. 1785.
RECOMMENDATION:
1. Waive further reading and adopt Ordinance No. 1785, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADDING SECTION 6.08.140 TO THE PALM
SPRINGS MUNICIPAL CODE, TO PROHIBIT MOBILE VENDING NEAR SCHOOLS."
STAFF ANALYSIS:
At its March 16, 2011, meeting Ordinance No. 1785 was introduced by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Weigel, and
Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Mills.
This report provides for the City Council to waive further reading and adopt the ordinance. The
ordinance shall be effective 30-days from adoption.
4amesmps
ThoonDavid H. Ready, E D.
Clerk City Manager
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Attachment: Ordinance No. 1785
Ifchm Kin 9 _ n _
PROPOSED ORDINANCE NO. 1785
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 6.08.140 TO THE
PALM SPRINGS MUNICIPAL CODE, TO PROHIBIT
MOBILE VENDING NEAR SCHOOLS.
City Attorney Summary
This Ordinance prohibits mobile vending within 500 feet of
schools.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 6.08.140 is added to the Palm Springs Municipal Code to
read:
6.08.140 Mobile Vending Near Schools Prohibited.
(a) For the purposes of this section, the term "mobile vending" means the
offering or soliciting for sale, or the attempted or actual sale of, foodstuffs, goods,
wares, merchandise, labor, or services, by any person on foot, from a temporary
structure such as a stall, tent, or table, or from a vehicle including without limitation a
motor vehicle, bicycle, scooter, trailer, cart, wagon, or other form of conveyance.
(b) It shall be unlawful for any person to engage in mobile vending within 500
feet of any property line of any school serving students 18 years of age or younger,
except on weekends and legal holidays.
(c) The provisions of this section shall not apply to the following:
(1) The delivery or sale of per-ordered goods or services to a private
residence or business with the prior consent of the owner, occupant,
lessee, or the designee of such persons, including but not limited to
employees;
(2) Mobile vending on school property with the consent of school
authorities;
(3) Mobile vending on private property with a valid land use permit; or
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
Ordinance No.
Page 2
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS DAY OF , 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1785 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on March 16, 2011,
and adopted at a regular meeting of the City Council held on , 2011
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Sz;
OFFICE OF THE CITY CLERK
City Council
Meeting Date: April 6, 2011
Subject: Ordinance No. 1785 and 1786
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that Ordinance Nos. 1785 and 1786, adopted by the City Council on
April 6, 2011, and a summary of said ordinances were published in the Desert Sun on
April 20, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
III-S 4e
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of Ordinance No. 1785 and 1786, and ordinance summary was
posted at Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior
legal notice posting board and in the Office of the City Clerk on February 19, 2011.
I declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262 RECEIVED
760-778-4578/Fax 760-778-4731 ZfTY OF PALM s P,p;�, ',.
1Oi! APR 25 AM 8:
56
State Of California as: JAMES THOHr6ON
County of Riverside CITY CLERK
Advertiser:
CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 922632
2000258423 -
No.1306 _
I am over the age of 18years old, a citizen of the United 6 OEPAUa SPRINGS
States and not a party to, or have interest in this matter. I NO.1785
hereby certify that the attached advertisement appeared .AN ORDINA- OF THE CITY OF PALM
in said newspaper (set in type not smaller than non panel) SPRINGS.,
PRINGS C LIFORNIA, ADDING SECTION
6.08.140 1'O E PALM SPRINGS MUNICIPAL
in each and entire issue of said newspaper and not in any WRIT MOBILE.VENDING NEAR
supplement thereof on the following dates,to writ: I
AM=
Newspaper: .The Desert Sun 5001e0
e d ro even This p MOM
NO.1786
AN ORDIN E OF THE CITY OF PALM
4/20/2011 SPRINGS C 'IFORNIA AMENDING SUBSEC
TION�'OF OTION:B.26.040:OF THE PZW
SPRI S M ICIPAL CODE WITH RESPECT
TO Fpi$i NEW HfDTILS PARTMA PAT_
MG'IN-THE S'410TEL OPERATIONS IN-
CIXr1VE RAM. ..
�r
yla r gt
athem}retiii sa
to re-
n,e:ordnance me 6nahol*mcerdwe
I acknowledge that I am a principal clerk of the printer of s�,e � - to
The Desert Sun, printed and published weekly in the City ERTITCAmos,
of Palm Springs, County of Riverside, State of California. STATE OF
The Desert Sun was adjudicated a newspaper of general OF
circulation on March 24, 1988 by the Superior Court of the CITY OF PALM RING
County of Riverside, State of California Case No. I HO PSON,.�of the Chy of.
191236. IttJos,'1 and 1T66 are fmidl, #WOr
mrrecl oodea rero lnVad�cedat Mareganr-
1681. of aimSb., at a regular.
�en d� � the declare
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declare under penalty of perjury that the foregoing is true m of.the ty CounclfheId on the ft day of
AP1 by ioYowing vote:
and correct. Executed on this 20th day of April, 2011 in AYESc'
Palm Springs,California. Nppg N and MeyarPro Tem W .
ABSENT: rPougnet
ABSTAIN:
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Cay d P&mM,CeAWrrira
Itu411ehed:lr2a rl
Declarant
�d
CITY OF PALM SPRINGS
ORDINANCE NO. 1785
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 6.08.140 TO THE PALM
SPRINGS MUNICIPAL CODE, TO PROHIBIT MOBILE
VENDING NEAR SCHOOLS.
City Attorney's Summary
This Ordinance prohibits mobile vending within 500 feet of schools.
ORDINANCE NO. 1786
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTION (a) OF SECTION
5.26.040 OF THE PALM SPRINGS MUNICIPAL CODE, WITH
RESPECT TO FIRST CLASS NEW HOTELS PARTICIPATING IN
THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM.
City Attorney's Summary
Currently a First Class New Hotel is eligible to receive an incentive of 50% of the
adjusted tax rate, this Ordinance amends the existing hotel incentive program for a First
Class New Hotel to receive 75% of the adjusted tax rate.
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance Nos. 1785 and 1786 are a full, true, and correct copies,
and were introduced at a regular meeting of the Palm Springs City Council on the 16th
day of March, 2011, and adopted at a regular meeting of the City Council held on the 6th
day of April, 2011 by the following vote:
AYES: Councilmembers Foat, Hutcheson, Mills, and Mayor Pro Tern Weigel
NOES: None
ABSENT: Mayor Pougnet
ABSTAIN: None
mes Thompson, City Clerk
City of Palm Springs, California
ORDINANCE NO. 1785
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADDING SECTION 6.08.140 TO THE PALM
SPRINGS MUNICIPAL CODE, TO PROHIBIT MOBILE
VENDING NEAR SCHOOLS.
City Attorney's Summary
This Ordinance prohibits mobile vending within 500 feet of
schools.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Section 6.08.140 is added to the Palm Springs Municipal Code to
read:
6.08.140 Mobile Vending Near Schools Prohibited.
(a) For the purposes of this section, the term "mobile vending" means the
offering or soliciting for sale, or the attempted or actual sale of, foodstuffs, goods,
wares, merchandise, labor, or services, by any person on foot, from a temporary
structure such as a stall, tent, or table, or from a vehicle including without limitation a
motor vehicle, bicycle, scooter, trailer, cart, wagon, or other form of conveyance.
(b) It shall be unlawful for any person to engage in mobile vending within 500
feet of any property line of any school serving students 18 years of age or younger,
except on weekends and legal holidays.
(c) The provisions of this section shall not apply to the following:
(1) The delivery or sale of per-ordered goods or services to a private
residence or business with the prior consent of the owner, occupant,
lessee, or the designee of such persons, including but not limited to
employees;
(2) Mobile vending on school property with the consent of school
authorities;
(3) Mobile vending on private property with a valid land use permit; or
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
Ordinance No. 1785
Page 2
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 6T" DAY OF APRIL, 2011.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1785 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 16th day of
March, 2011, and adopted at a regular meeting of the City Council held on the 6th day of
April, 2011 by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tern Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
ORDINANCE NO. 1786
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AMENDING SUBSECTION (a) OF SECTION
5.26.040 OF THE PALM SPRINGS MUNICIPAL CODE, WITH
RESPECT TO FIRST CLASS NEW HOTELS PARTICIPATING IN
THE CITY'S HOTEL OPERATIONS INCENTIVE PROGRAM.
City Attorney's Summary
Currently a First Class New Hotel is eligible to receive an
incentive of 50% of the adjusted tax rate, this Ordinance amends
the existing hotel incentive program for a First Class New Hotel to
receive 75% of the adjusted tax rate.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS:
SECTION 1. Subsection (a) of Section 5.26.040 is amended to read as follows:
(a) First Class New Hotels. The city shall pay to an operator of a first class new hotel
an amount equal to seventy-five percent (75%) of the adjusted tax rate. Such payments
shall be made for twenty years or until the operator has been paid fifty million dollars,
whichever event occurs first. Without regard to any other provision of Chapter 5.26, a
First Class New Hotel must have begun vertical construction no later than December
31, 2013, to qualify to submit an application to participate in the Incentive program.
The City and a qualified participant under this section may enter into an
agreement, at the sole discretion of the City, to receive an increase in the percent of the
adjusted tax rate, for no longer than the first two-years of the qualified participant's
Incentive program.
Without regard to any preceding conditions of this section, the program shall
terminate at any point the first class new hotel is not operated as a first class hotel.
SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 6T" DAY OF APRIL, 2011.
STEPHEN P. POUGNET, MAYOR
Ordinance No. 1786
Page 2
ATTEST:
JAMES THOMPSON, CITY CLERK
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 1786 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on the 16t" day of
March, 2011, and adopted at a regular meeting of the City Council held on the 6"' day of
April, 2011, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
and Mayor Pro Tem Weigel.
NOES: None.
ABSENT: Mayor Pougnet.
ABSTAIN: None.
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California