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Home My WebLink About7/22/2009 - STAFF REPORTS - 2.I. �OkpALM gpR �y c U in City Council Staff Report R* ryC��'o niu .eke rq<«oxe�XP DATE: July 22, 2009 Consent Calendar SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1761, AMENDING SECTIONS 6.12.030 AND 6.12.040 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SUSPENSION OF REGULATORY ORDINANCES FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1761. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1761, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 6.12.030 AND 6.12.040 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SUSPENSION OF REGULATORY ORDINANCES." STAFF ANALYSIS: At its July 15, 2009, meeting Proposed Ordinance No. 1761 was introduced by the following vote: AYES: Councilmember Hutcheson, Councilmember Weigel, and Mayor Pro Tern Mills ABSENT: Councilmember Foat and Mayor Pougnet This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. Ies Thompson David H. Ready, ty Clerk City Manager Attachment: Ordinance No. 1761 Item 2 . 1 . PROPOSED ORDINANCE NO. 1761 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING SECTIONS 6.12,030 AND 6.12.040 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SUSPENSION OF REGULATORY ORDINANCES. CityAttorney's Summary This Ordinance amends provisions of the Palm Springs Municipal Code to allow the City Manager to conditionally suspend the enforcement of regulatory ordinances to accommodate special events of benefit to the community and its visitor oriented economy. The City Manager's determinations would be subject to appeal to the City Council. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ORDAINS: SECTION 1. Section 6.12.030 of the Palm Springs Municipal Code is amended to read: 6.12.030 Authority to suspend regulatory ordinances. The City Manager, may suspend the operation of any one or more regulatory ordinances to the extent that such ordinances would otherwise apply to one or more specifically designated special events conducted, sponsored, co-sponsored or sanctioned by the City Council. The ordinances which may be suspended include, without thereby limiting, the Noise Ordinance, the Sign Ordinance, and any other regulatory ordinances which in the judgment of the City Manager would interfere with or impede the conduct of such designated special events. Any decision of the City Manager may be appealed to the City Council pursuant to the provisions of Chapter 2.05 of this Code. SECTION 2 Section 6.12.040 of the Palm Springs Municipal Code is amended to read.- 6.12.040 Procedure. In suspending the operation of any regulatory ordinance, the City Manager shall: (a) Identify the event; (b) Specify, in as detailed manner as feasible, the exact date or dates and starting and ending times of such suspension; (c) Identify the person or persons or organizations to which such suspension shall apply; (d) Designate the ordinance, code section or portion thereof which is to be suspended and, if any portion thereof is to remain in effect as to such persons or event, designate such portions; yy, 476272 1 •• !I FI Proposed Ordinance No. 1761 Page 2 of 2 (e) Impose such conditions, restrictions or limitations upon the conduct of such event, or upon the suspension of such ordinance as are deemed necessary to protect the public health, safety and welfare; (f) Specifically state that, except as to the event, the time, and the persons or organizations so designated, such ordinances shall remain in full force and effect. 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 THIS day of 2009. 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. 1761 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 15t day of July, 2009 and was finally adopted at a regular meeting held thereof on the _ day of , 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 576272 1 CITY OF PALM SPRINGS (a OFFICE OF THE CITY CLERK City Council Meeting Date: July 22, 2009 Subject: Ordinance Nos. 1761 and 1762 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that Ordinance Nos. 1761-2, adopted by the City Council on July 22, 2009, were published in the Desert Sun on August 1, 2009. 1 declare under penalty of perjury that the foregoing is true and correct. 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 Nos. 1761-2 were 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 July 29, 2009. 1 declare under penalty of perjury that the foregoing is true and correct. �W fil Kathie Hart, CMC Chief Deputy City Clerk 1 as a� �ti CITY OF PALM SPRINGS ORDINANCE NO. 1761 AN ORDINANCE OF THE CITY OF PALM SPRINGS AMENDING SECTIONS 6.12.030 AND 6-12.040 OF THE PALM SPRINGS MUNICIPAL CODE PERTAINING TO SUSPENSION OF REGULATORY ORDINANCES City Attorney's Summary This Ordinance amends provisions of the Palm Springs Municipal Code to allow the City Manager to conditionally suspend the enforcement of regulatory ordinances to accommodate special events of benefit to the community and its visitor oriented economy. The City Manager's determinations would be subject to appeal to the City Council. ORDINANCE NO. 1762 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.22.010 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE MEMBERSHIP OF THE VILLAGEFEST BOARD TO SEVEN MEMBERS City Attorney Summary This Ordinance increases the membership of the VllageFest Board from five members to seven members. 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. 1761 and 1762 are full, true and correct copies, and were introduced at a regular meeting of the Palm Springs City Council on the 15th day of July, 2009 and was adopted at a regular meeting held thereof on the 22"d day of July, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tem Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ?it7yof s Thompson, City Clerk Palm Springs, California ORDINANCE NO. 1762 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 2.22.010 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE MEMBERSHIP OF THE VILLAGEFEST BOARD TO SEVEN MEMBERS. City Attorney Summary This Ordinance increases the membership of the VllageFest Board from five members to seven members. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 2.22.010 of the Palm Springs Municipal Code is amended to read: 2.22.010 Board Created. There is created a VillageFest Board which shall exist as an advisory body of the city. It shall consist of seven members, serving without compensation, appointed in the manner prescribed in Section 2.22.020 of this code. All appointments to the Board shall be for terms also as prescribed in Section 222.020 of this Code. 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 THIS 22ND DAY OF JULY, 2009. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1762 Page 2 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. 1762 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 15�' day of July, 2009 and was adopted at a regular meeting held thereof on the 22"d day of July, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. James Thompson, City Clerk City of Palm Springs, California PROOF OF PUBLICATION Tlus is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United Slates and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen ---------------------- years,and not a party m or interested in the above-entitled matter.I am the principal cleric of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circularion, - printed and published in the city of Palm Springs, No 3375 CITY OF PALM SPRINGS County of Riverside,and which newspaper has been adjudged a newspaper oT general circulation b nc� ORDINANCE NO,CITY 1 gg Y AN ORDINANCE OF THE CITY OF PALM Superior Court of the County of Riverside,State of SPRINGS AMENDING SECTIONS 5.1203o AAL ND 6.12.040 OF THE PALM SPRINGS MUNICIF California under the date of March 24,1988.Case CODE RPERTAINI EGULATORY ORDINANCtON OF Number 191236;that the notice,of which the - annexed is a printed co set in a not smaller City ANorn7t SummRy P PY( h'P Th14 Ordmance amends pmvlslong of IM Paal�mr than non pariel,has been published in each regular to " Municinal co4e to avow'me c'ry g to condInpa11,s spantl iha enlarCemeci of regu- and entire issue of said newspaper and not in any lalory or Ina ncea to accommvoata special events of bonefit to Thee CIry uManane l s deiarminanons supplement thereof on(be following dates,to win wound eu eubmct m appeal tame city council. August 1" 202009 AN ORDINANCE OF THE CRY OF PALM SPRINGS CALIFORNIA,AMENDING SECTION 2 22,010 OF THE PALM SPRINGS MUNICIPAL ------- EM CODE, INCREASING TI4E MEMBERSHIP OF _-----'"------'----'"---'-----------------'---'------ THE VILLAGEMI� F5 BOARD TO SEVEN All in the year 2009 plyAtromey Sum"ry VlagoF 1 Soad from h the M momher2 to even I certify(or declare)under penally of perjury that the membem foregoing is rrue and correct. CERTIFICATION STAYS OF CALIFORNIA ss IDE Dated at Palm Springs,California this---7`h,----day ITYOF or M SPRINGS . . CITY COUNTY PALM SPRINGS I,JAMES 7HOMPSON,Cary Clark acme CIry of - Of---------- Augl ---^�-,ZO119 Palm SprmAs Cal,tornla doherebycen�tytndcar- dmance Nos 1761 and 1762 are toll,tluv end Cor- rect copies, and were introduced at a_regular 15tn desy of JulyP2Da9Sago wo Cad adopted at e r)gu- tar meel'npp hold thoreof on tho 22n0 day of July, 2009,by IRe Icllowing vote: AYES: . Hutcheson C Fast Counr Wei er Signature Mayor sPr Tom an Mayor Mayor Pro Tan MillsMdl and Mayor Pougnet. NOES. None. ABSENT' None. ABSTAIN, None -,i ,lames Thompson,Cily CIerK City of Palm Spiinga,Celilorma y,T PubllehM:BL1mB — J ivw1, ra. - eo � rMa