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Home My WebLink About2/18/2009 - STAFF REPORTS - 2.E. F ?ALMS., i2 c ^ erdoem`' x CITY COUNCIL STAFF REPORT DATE: FEBRUARY 18, 2009 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE CHANGING THE NAME OF THE RESOURCE CONSERVATION COMMISSION TO THE SUSTAINABILITY COMMISSION AND ESTABLISHING REVISED DUTIES OF THE COMMISSION FROM: David H. Ready, City Manager BY: James Thompson, City Clerk RECOMMENDATION: Waive further reading and adopt Ordinance No. 1755 "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SUSTAINABILITY COMMISSION." STAFF ANALYSIS: At its February 4, 2009, meeting proposed Ordinance No. 1755 was introduced by the following vote: ACTION: 1) Waive the reading of the ordinance text in its entirety and read by title only; and 2) Introduce on first reading Ordinance No. 1755, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SUSTAINABILITY COMMISSION." Motion Mayor Pro Tem Mills, seconded by Councilmember Foat and unanimously carried on a roll call vote. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. ES THOMPSON, City Clerk DAVID H. READY&SIfManager Attachments: Ordinance No. 1755 ITEM NO. 2. �. ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SUSTAINABILITY COMMISSION City Attorney Summary This Ordinance changes the name of the Resource Conservation Commission to the Sustainability Commission to reflect the City's overall commitment to sustainability, and further establishes revised duties of the Sustainability Commission. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. The name of the Resource Conservation Commission as established pursuant to Chapter 2.28 of the Palm Springs Municipal Code is amended and changed to "Sustainability Commission"and the City Clerk is authorized to make appropriate revisions to the Code in furtherance of this amendment. SECTION 2. Section 2.28.050 of the Palm Springs Municipal Code is amended to read: 2.28,050 Powers and Duties of the Commission. Within the limitations provided by law, the Sustainability Commission shall have the following powers and duties: (1) Establish a schedule of regular meeting times; (2) Advise, assist, and make recommendations to the City Council regarding: (a) Efforts to make City operations more sustainable; (b) Efforts to educate and inform the citizenry of the efforts to make the City more sustainable; (c) Progress of the creation, maintenance, and promotion of regular sustainability indicators, and a monitoring and reporting program; (d) City policies and plans to enhance the sustainability of the City as a whole including, but not limited to, water and energy efficiency, renewable sources, climate change strategies, air quality, waste management and recycling, water resources, building and infrastructure, transportation, and natural resource conservation; (e) Sustainability project finance options. (3) Perform such other duties as the City Council may assign or designate. 60752,1 I a ORDINANCE NO. Page 2 SECTION 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent ju risd iction, 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 provision thereof, regardless of the fact that any one or more section(s)or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 5. 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. Steve Pougnet, Mayor ATTEST: James Thompson, City Clerk APPROVED AS TO FORM: Douglas Holland, City Attorney GI1753U 1 _ c ORDINANCE NO. Page 3 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. 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 the day of , 2009 by the following vote: AYES. NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California aas2u i PROOF OF PUBLICATION This is space for County Clerk's Filing Scamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen years,and not a party to or interested in the shove-entitled matter.I am the principal cleric of a printer of the,DESERT SUN PUBLISDI N'G COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, `- -- - —.• ._---- County of Riverside,and which newspaper has been I No 0500 CITY OP PALM SPRINGS adjudged a newspaper of general circulation by the I ORDINANCE NO.1755 Superior Court of the County of Riverside,State of AN ORDINANCE NI THE CITY,OF PALM SPRINGS CALIFO OF AMENDING CHAPTER California under the date of March 24,1988.Case 122B OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SUSTAINABILITY Number 191236;that the notice,of which the COMMISSION. C/ry Attorney Summery annexed is a printed copy(set in type not smaller This Ordinance chanpes the name of file Rs- than non pariel,has been published in each regular scum, Conservalion Commlesron to the Suslalnab,01y Commission Iq reflect the Ciye and entire issue of said newspaper and not In any ovolall commitment to sustemGblllty,and further establishes revised dufios of rho Sustamabifi supplement thereof on the following dates,to wit: Commission. March 4oh,2009 ORDINANCE NO.1756�� AN ORDINANCE OF THE C16 OF ALM SPRINGS, CAWFORNIA, AMENDING SEC- TIONS 7 01 Ono AND 7 09.030 OF,AND ADDING SECTION 101.231 TO THE PALM SPRINGS MUNICIPAL COOS ESTA6LISHING A LOCAL ------------------- BUSINESS CIty FCAENC Summery M. All is the year 2009 Thls Ordinance establishes u preference program for businesses located to the Co3chell�ualleyi the purchase of Supplies, materials, I certify(or declare)under penalty of perjury that the and contractual services. foregoing is true and correct. _ I.DAMES THOMPSON,dory Clerk of Ina Katy or Palm Springs' Caldornia do cenity that Or - Dated dlnancu Noe-1755 and 1.756 Is a full,true and cor- Dated at Palm Springs,California this---4 ,---day rest copy;and was mtmdgud'all a-rlguler meet- ing of the Palm Sprinno City Council on the 41h day o1 Fabmary Z009,and edoplod at a regular of----- rch — -------,2009 meeting of the Gity Council field on the lath d.ry of February,2009 by thn follomnq Vote' 1 _ AYES: Hutcho.onm Counlimemborl Weigel, and Mayor Pougnol. n' �� r NOES, NonA. �1 I ABSENT: Mayor Pm Tam Mills. LJ`" "— ABSTAIN' None [uuI ZU go DAMES�r7YY CLERK L7 f �•� 1 I'-} Pugllaned:3/N09 `. o .�y a�� / • N CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION a OFFICE OF THE CITY CLERK James Thompson, City Clerk City Council Meeting Date: February 18, 2009 Subject: Ordinance Nos. 1755 & 1756 AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that Ordinance Nos. 1755 & 1756, adopted by the City Council on February 18, 2009, was published in the Desert Sun on March 4, 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, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of Ordinance Nos. 1755 & 1756 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 27, 2009. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, ecretary CITY OF PALM SPRINGS ORDINANCE NO. 1755 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SUSTAINABILITY COMMISSION. City Attorney Summary This Ordinance changes the name of the Resource Conservation Commission to the Sustainability Commission to reflect the City's overall commitment to sustainability, and further establishes revised duties of the Sustainability Commission, ORDINANCE. NO. 1756 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 7.01.040 AND 7.09.030 OF, AND ADDING SECTION 1.01.231 TO THE PALM SPRINGS MUNICIPAL CODE, ESTABLISHING A LOCAL BUSINESS PREFERENCE PROGRAM. City Attorney Summary This Ordinance establishes a preference program for businesses located in the Coachella Valley in the purchase of supplies, materials, equipment, and contractual services. I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance Nos. 1755 and 1756 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 4th day of February, 2009, and adopted at a regular meeting of the City Council held on the 18th day of February, 2009 by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. MES THOMPSON CITY CLERK ORDINANCE NO. 1755 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 2.28 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO THE SUSTAINABILITY COMMISSION. City Attorney Summary This Ordinance changes the name of the Resource Conservation Commission to the Sustainability Commission to reflect the City's overall commitment to sustainability, and further establishes revised duties of the Sustainability Commission. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. The name of the Resource Conservation Commission as established pursuant to Chapter 2.28 of the Palm Springs Municipal Code is amended and changed to "Sustainability Commission" and the City Clerk is authorized to make appropriate revisions to the Code in furtherance of this amendment. SECTION 2. Section 2.28.050 of the Palm Springs Municipal Code is amended to read: 2.28.050 Powers and Duties of the Commission. Within the limitations provided by law, the Sustainability Commission shall have the following powers and duties: (1) Establish a schedule of regular meeting times; (2) Advise, assist, and make recommendations to the City Council regarding: (a) Efforts to make City operations more sustainable; (b) Efforts to educate and inform the citizenry of the efforts to make the City more sustainable; (c) Progress of the creation, maintenance, and promotion of regular sustainability indicators, and a monitoring and reporting program; (d) City policies and plans to enhance the sustainability of the City as a whole including, but not limited to, water and energy efficiency, renewable sources, climate change strategies, air quality, waste management and recycling, water resources, building and infrastructure, transportation, and natural resource conservation; (e) Sustainability project finance options. Ordinance No. 1755 Page 2 (3) Perform such other duties as the City Council may assign or designate. SECTION 4. 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 provision thereof, regardless of the fact that any one or more section(s)or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 5. 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 18th DAY OF FEBRUARY, 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. 1755 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 4th day of February, 2009, and adopted at a regular meeting of the City Council held on the 18th day of February, 2009 by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, and Mayor Pougnet. NOES: None. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. James Thompson, City Clerk City of Palm Springs, California