HomeMy WebLinkAbout5DCITY COUNCIL STAFF REPORT
DATE: February 24, 2022 NEW BUSINESS
SUBJECT: REVISED CITY COUNCIL RULES OF PROCEDURE
FROM: Justin Clifton, City Manager
BY: Anthony J. Mejia, City Clerk
RECOMMENDATION:
Adopt a resolution entitled, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY COUNCIL RULES OF
PROCEDURE.”
BACKGROUND:
On January 23, 2019, led by a City Council Subcommittee, the City Council reviewed the
Rules of Procedure and provided direction for additional revisions, including:
•Clarify and formalize the process for members of the City Council to request that
a matter be agendized for a future meeting.
•Modify the rules to state that the Mayor and Mayor Pro Tem shall be selected at
the same meeting.
•Update the rules to use gender-neutral terminology.
In addition, during the City Council Strategic Priority Sessions, the City Council provided
additional direction to update the rules to ensure that the most important agenda items
are discussed first and any other revisions to improve the meeting’s efficiency.
It should be noted that the document is not in redline, as it has been entirely revised to
reflect current practices; use plain language, consistent terminology, and gender-neutral
terms; improve grammar, punctuation, and sentence structure; and utilize a more logical
order to the rules. For instance, the document interchangeably used “Mayor” and
“Presiding Officer.” Instead, Staff has attempted to use the word “Presiding Officer” where
appropriate, with Section 4.A. noting that the Mayor serves as the Presiding Officer. Also,
references to Study Sessions were previously under Section 10. Study Sessions are now
listed in Section 2 with the other types of meetings. These are examples of the technical
clean-ups that are too numerous to capture in a redline. Other, substantive changes are
highlighted below.
Item 5D - 1
City Council Staff Report
February 24, 2022 -- Page 2
City Council Rules of Procedure
Significant Proposed Changes:
1. Section 1E, Notice of Meetings: Added “email” as a means to transmit a Notice of
Special Meeting to the City Council and media agencies.
2. Section 1F, Placement of Items on Meeting Agendas: A new section to clarify that
1) the City Manager is responsible for scheduling agenda items for City Council
meetings, 2) during agenda development, a Councilmember may request staff
agendize an item for a future meeting if supported by a majority of the City Council,
and 3) outside of a meeting, and only if there is a need to take immediate action
that precludes the use of option 2 above, a Councilmember may sponsor and seek
two co-sponsors to add an item to the agenda.
3. Section 2J, Closed Session Procedures: Addition of the following verbiage “No
member of the City Council, employee, or anyone else present shall disclose to
any person the content or substance of any discussion which takes place in a
closed session unless authorized by the City Council, or as otherwise required by
law.”
4. Section 3A, Order of Business: To maximize the City Manager’s flexibility to
agendize the most critical agenda items first, Staff recommends the following
revisions:
a. Combine “City Council, Subcommittee, and City Manager’s Comments and
Reports” with “City Council and City Manager Requests and Upcoming
Agenda Development” at the end of the meeting.
b. Combine “Legislative Items,” “Unfinished Business,” and “New Business”
into a “Business & Legislative Items” category.
5. Section 3E, Roll Call: Staff recommends adding verbiage to dispose of the roll call
if all Councilmembers are in attendance and instead allow the City Clerk to note
that the record will reflect all members are present.
6. Section 3F, Presentations, Proclamations, and Recognitions: A new section to
clarify that it is preferred for the presentation of proclamations and recognitions to
occur outside of the City Council meeting, such as the specific event, personal
delivery, or via mail. When necessary, individual presentations and recognitions
should be limited to five (5) minutes, and Staff should endeavor to schedule no
more than 10 minutes of presentations and recognitions at any given meeting.
Item 5D - 2
City Council Staff Report
February 24, 2022 -- Page 3
City Council Rules of Procedure
7. Section 3H, Public Testimony & Public Comment Periods: A new paragraph to
formalize the City’s policy that no speaker shall be permitted to show a video,
PowerPoint presentation, or otherwise utilize any other form of electronic visual
display technology requiring advanced setup or the use of projectors or other
specialized equipment. Such controls are intended to help all speakers maximize
their time when addressing the City Council instead of dealing with potentially time-
consuming setup or technical difficulties and computer virus and phishing threats.
8. Section 5G, Conflict of Interest: This section is amended to note that
Councilmembers are subject to the California Political Reform Act, Local Conflict
of Interest Code, and Public Integrity Ordinance.
9. Section 5.4.5 of the current rules, Limitations Regarding Public Comment: The text
of the Brown Act as well as a past court decision invalidated any prohibition against
criticizing the City Council or City staff, and the following verbiage should be
deleted. “No oral communication shall be allowed to include charges or complaints
against any employee of the City, regardless of whether such employee is
identified in the presentation by name or by any other reference which tends to
identify them. All charges or complaints against employees shall be submitted to
the City Manager for appropriate action and may also be submitted to members of
the City Council by written communication.”
REVIEWED BY:
City Clerk / ADA Coordinator: Anthony J. Mejia
City Attorney Jeffrey S. Ballinger
City Manager: Justin Clifton
ATTACHMENTS:
1. City Council Minutes of January 23, 2019.
2. Resolution & Draft Revised City Council Rules of Procedure.
3. Current City Council Rules of Procedure.
Item 5D - 3
Wednesday, January 23, 2019
Minutes of the Regular Meeting of the City Council
of the City of Palm Springs
CALL TO ORDER:
A Regular Meeting of the Palm Springs City Council was called to order by Mayor Moon on
Wednesday, January 23, 2019, at 6:00 p.m., in the Council Chamber, City Hall, located at
3200 E. Tahquitz Canyon Way, Palm Springs, California.
PLEDGE OF ALLEGIANCE:
Mayor Moon led the Pledge of Allegiance.
ROLL CALL:
Present: Councilmembers Christy Holstege, Lisa Middleton, J.R. Roberts; and Mayor
Robert Moon.
Absent: Mayor Pro Tem Geoff Kors.
City Staff
Present: David H. Ready, City Manager; Edward Z. Kotkin, City Attorney; Marcus Fuller,
Assistant City Manager; and Anthony J. Mejia, City Clerk, were present at Roll
Call. Other staff members presented reports or responded to questions as indicated
in the minutes.
PRESENTATIONS:
The City Council expressed condolences to the families of Greg Pettis, Carol Channing, and
Kaye Ballard and adjourned tonight’s meeting in their memories.
Brian Nestande, representing the Salton Sea Authority, provided an update on the establishment
of the Salton Sea Authority.
Councilmember Roberts and Mayor Moon invited the community to attend the Plaza Theater
Community Forum on January 26, 2019, to discuss fundraising opportunities for the restoration of
the Theater.
City Manager Ready announced that the Palm Springs International Airport set an all-time record
of 2,327,018 passengers served at the airport.
Item 5D - 4
City Council Minutes January 23, 2019
City of Palm Springs Page 2
ACCEPTANCE OF THE AGENDA:
City Clerk Mejia requested that the City Council add to the agenda consideration of making
appointments to the Administrative Appeals Board, noting that there is a need to take immediate
action and that the need for action came to the attention of the City subsequent to the posting of
the agenda.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to add consideration of making appointments to the
Administrative Appeals Board.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0, to remove Consent Calendar Item Nos. 1A, 1G, 1L, 1N, 1P for
separate discussion.
REPORT OF CLOSED SESSION:
The Regular and Special Closed Session of the City Council of January 23, 2019, was called to
order by Mayor Moon at 4:00 p.m., with all members present and Mayor Pro Tem Kors
participating via teleconference.
The meeting convened into Closed Session to discuss the following items as listed on the Closed
Session Meeting Agenda:
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, Pursuant to
Government Code Section 54956.9(d)(1):
4348 Lockwood Ave LLC et al v. City of Palm Springs
Case No. RIC1703102, Riverside Superior Court, Riverside Division
NDC Equities Downtown PS, LLC v. City of Palm Springs
Case No. PSC 1807579, Superior Court of the State of California, County of Riverside
Ascensio et al. v. City of Palm Springs
Case No. PSC 1807953, Superior Court of the State of California, County of Riverside
EHOF Canyon View, LLC v. City of Palm Springs
Case No. PSC 1806289, Riverside County Superior Court, Palm Springs Division
Sabordo and Huerto v. City of Palm Springs
Case No. PSC 1602732, Superior Court of the State of California, County of Riverside
Timothy A. Garrett v. City of Palm Springs
Case No. PSC 1702958, Superior Court of the State of California, County of Riverside
Item 5D - 5
City Council Minutes January 23, 2019
City of Palm Springs Page 3
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION, Pursuant to
Government Code Section 54956.9(d)(2):
Number of Anticipated Cases: Five (5)
CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION, Pursuant to
Government Code Section 54956.9(d)(4):
Number of Cases: Four (4)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION, Pursuant to Government Code Section
54957(b)(1):
City Attorney
CONFERENCE WITH REAL PROPERTY NEGOTIATORS, Pursuant to Government Code
Section 54956.8
Property Address/Description: 980 E. Tahquitz Canyon Way, APN 508-056-010
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Palm Springs Unified School District, Sandra Lyon,
Superintendent
Under Negotiation: Price and Terms of Payment (Lease)
Property Address/Description: 3.6 Acres at SE corner of Indian Canyon Drive and
San Rafael Road APN 501-031-028
Agency: City of Palm Springs
City Negotiator: David H. Ready, City Manager or Designee
Negotiating Parties: Community Housing Opportunities Corporation (CHOC)
Under Negotiation: Price and Terms of Payment (Sale)
CONFERENCE WITH LABOR NEGOTIATOR, Pursuant to Government Code Section 54957.6:
Agency Designated
Representatives: City Manager David Ready and Attorney Peter Brown
Employee Organizations: Palm Springs Fire Management Association
Palm Springs Police Management Association
Palm Springs Police Officers Association
Service Employees International Union Local 721
City Attorney Kotkin reported that the City Council received briefings and provided direction to
staff regarding the agendized Closed Session Items, but did not take any additional reportable
action.
PUBLIC TESTIMONY:
Dick Burkett, speaking on Item 1L, urged the City Council to adopt the proposed ordinance.
Item 5D - 6
City Council Minutes January 23, 2019
City of Palm Springs Page 4
CITY COUNCIL, SUBCOMMITTEE, AND CITY MANAGER'S COMMENTS AND
REPORTS:
Councilmember Middleton reported that she and Councilmember Holstege attended the League of
California Cities, Policy Committee meetings.
Councilmember Holstege requested that the Sustainability Commission’s plastic foodware
ordinance be presented to the City Council at a future meeting; requested that the CVAG
Homelessness Report be agendized for receive and file on February 6, 2019; stated that she will
work with Councilmember Middleton and staff to prepare a resolution calling for an end to the
federal government shutdown, for consideration on February 6, 2019;
Mayor Moon announced that he will not seek re-election in November 2019.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to approve the Consent Calendar, with the removal of Consent
Calendar Item Nos. 1A, 1G, 1L, 1N, and 1P for separate discussion.
A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF DECEMBER 2018
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
B. ACCEPT AN AWARD FROM THE U.S. DEPARTMENT OF JUSTICE IN THE
AMOUNT OF $21,158 AND APPROVE AN INTERLOCAL AGREEMENT WITH
THE CITY OF RIVERSIDE AND OTHER PARTICIPATING CITIES AND
COUNTY FOR THE ADMINISTRATION OF THE GRANT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Approve the acceptance of a grant award from the United States Department of Justice in
the amount of $21,158 from the 2018 Justice Assistance Grant (JAG) Program.
2. Approve an Interlocal Agreement with the City of Riverside, and various cities within
Riverside County, for the City of Riverside to administer the grant on behalf of
participating agencies.
3. Authorize the City Manager to execute all necessary documents.
Item 5D - 7
City Council Minutes January 23, 2019
City of Palm Springs Page 5
C. TREASURER’S INVESTMENT REPORT AS OF NOVEMBER 30, 2018
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to receive and file the Treasurer’s Investment Report as of
November 30, 2018.
D. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT IN THE
AMOUNT OF $35,000 WITH SANBORN ARCHITECTURAL GROUP, INC.,
FOR ARCHITECTURAL SERVICES RELATED TO THE DOWNTOWN PARK,
CP 15-07
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. In accordance with Palm Springs Municipal Code Section 7.04.030 “Special expertise
procurement,” approve a professional services agreement in the amount of $35,000 with
Sanborn Architecture Group, Inc., a California corporation. A7241.
2. Authorize City Manager to execute all necessary documents.
E. APPROVE REQUEST FROM COUNTY OF SANTA CLARA TO SIGN A
“FRIEND OF THE COURT” BRIEF TO BE FILED IN THE NINTH CIRCUIT
COURT OF APPEALS, IN SUPPORT OF SAN FRANCISCO’S MOTION FOR
SUMMARY JUDGMENT IN SAN FRANCISCO V. WHITAKER, A FEDERAL
GOVERNMENT CHALLENGE AGAINST RECENT STATE LAWS RELATED
TO IMMIGRATION POLICY
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to direct the City Attorney to sign a “friend of the court” brief
prepared by the County of Santa Clara, to be filed with the Ninth Circuit Court of Appeals in
the City and County of San Francisco v. Whitaker case, and to execute any related documents
and take any related action necessary.
F. MILLS ACT HISTORIC PROPERTY PRESERVATION AGREEMENT FOR A
CLASS 1 HISTORIC SITE LOCATED AT 1782 SOUTH ARABY DRIVE, HSPB
103/HD-6
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Approve a Mills Act Historic Property Agreement with Todd Goddard, Andrew
Mandolene and Park Imperial South Homeowners Association for 1782 S Araby Drive, a
Class 1 Historic Site, HSPB 103/HD-6. A7242.
2. Authorize the City Manager to execute the Agreement.
3. Direct the City Clerk to record the Agreement.
Item 5D - 8
City Council Minutes January 23, 2019
City of Palm Springs Page 6
G. ACCEPTANCE OF THE TAHQUITZ CREEK LEVEE IMPROVEMENTS
PROJECT, CP 08-26
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
H. ACCEPTANCE OF THE DUNN ROAD PROPERTY RESTORATION PROJECT
FOR ASSESSOR’S PARCEL NO. 635-060-011, CP 17-04
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Accept the public works improvement identified for Dunn Road Property Restoration
Project as completed in accordance with the plans and specifications, CP 17-04.
2. Authorize the Civil Engineer to execute and file for recordation with the Riverside County
Recorder a Notice of Completion for the Dunn Road Property Restoration Project.
I. ACCEPTANCE OF THE 2017 SLURRY SEAL PROJECT, CP 17-02
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Accept the public works improvement identified for 2017 Slurry Seal Project as completed
in accordance with the plans and specifications, CP 17-02.
2. Authorize the Civil Engineer to execute and file for recordation with the Riverside County
Recorder a Notice of Completion for the 2017 Slurry Seal Project.
J. APPROVAL OF PLANS, SPECIFICATIONS AND ESTIMATE (PS&E) AND
AUTHORIZATION TO BID THE 2019 ADA CURB RAMP IMPROVEMENTS
PROJECT, CP 19-03
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to approve the plans, specifications and estimate and
authorize staff to advertise and solicit bids for the 2019 ADA Curb Ramp Improvements
Project, CP 19-03.
K. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Adopt Resolution No. 24546 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102399 THROUGH
1102508 IN THE AGGREGATE AMOUNT OF $1,422,667.35, DRAWN ON BANK OF
AMERICA.”
(City Council action continued on next page)
Item 5D - 9
City Council Minutes January 23, 2019
City of Palm Springs Page 7
2. Adopt Resolution No. 24557 entitled “A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 11-03-2018 BY WARRANTS
NUMBERED 420508 THROUGH 420520 TOTALING $15,545.74, LIABILITY
CHECKS NUMBERED 1102509 THROUGH 1102527 TOTALING $79,340.35, FOUR
WIRE TRANSFERS FOR $60,926.21, AND SIX ELECTRONIC ACH DEBITS OF
$1,480,283.59 IN THE AGGREGATE AMOUNT OF $1,636,095.89, DRAWN ON
BANK OF AMERICA.”
3. Adopt Resolution No. 24548 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102528 THROUGH
1102673 IN THE AGGREGATE AMOUNT OF $943,830.40, DRAWN ON BANK OF
AMERICA."
4. Adopt Resolution No. 24549 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102674 THROUGH
1102816 IN THE AGGREGATE AMOUNT OF $1,535,420.83, DRAWN ON BANK OF
AMERICA."
5. Adopt Resolution No. 24550 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
PAYROLL WARRANTS FOR THE PERIOD ENDED 11-17-2018 BY WARRANTS
NUMBERED 420521,420522, 420524 THROUGH 420535 TOTALING $23,360.14,
LIABILITY CHECKS NUMBERED 1102817 THROUGH 1102835 TOTALING
$78,450.93, FOUR WIRE TRANSFERS FOR $61,880.38, AND SEVEN ELECTRONIC
ACH DEBITS OF $1,521,981.14 IN THE AGGREGATE AMOUNT OF $1,685,672.59,
DRAWN ON BANK OF AMERICA."
6. Adopt Resolution No. 24551 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102836 THROUGH
1102962 IN THE AGGREGATE AMOUNT OF $3,149,861.08, DRAWN ON BANK OF
AMERICA."
7. Adopt Resolution No. 24552 entitled "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF
CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1102963 THROUGH
1103088 IN THE AGGREGATE AMOUNT OF $1,958,255.30, DRAWN ON BANK OF
AMERICA."
Item 5D - 10
City Council Minutes January 23, 2019
City of Palm Springs Page 8
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1970 AMENDING
CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO
PROCEDURES FOR ALTERATION AND DEMOLITION OF HISTORIC
BUILDINGS AND STRUCTURES, AND GENERAL REVISIONS TO HISTORIC
PRESERVATION STANDARDS, CASE 5.1454
This item was excluded from the Consent Calendar. Please refer to Page 10 of these
minutes for a summary of that action.
M. APPROVAL OF MINUTES
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to approve the City Council Meeting Minutes of
March 21, 2018.
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 1973 AMENDING
SECTION 94.08.10 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR
A FIRST AMENDMENT TO THE VIRGIN HOTEL DEVELOPMENT
AGREEMENT WITH DTPS B-3, LLC, REVISING THE PERFORMANCE
SCHEDULE FOR CONSTRUCTION PROPOSED ON BLOCK B-1 OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN, LOCATED AT THE
NORTHEAST CORNER OF MUSEUM WAY AND BELARDO ROAD, ZONE
CBD, SECTION 15, AND MAKING ADDITIONAL REVISIONS, CASE 5.1427 DA
AMENDMENT
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
O. SECOND READING AND ADOPTION OF ORDINANCE NO. 1974, AMENDING
THE PALM SPRINGS ZONING CODE TO ESTABLISH DEFINITIONS AND
STANDARDS FOR TRANSITIONAL AND SUPPORTIVE HOUSING, CASE
5.1460 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to adopt Ordinance No. 1974 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
SECTION 93.23.19 OF THE PALM SPRINGS ZONING CODE RELATING TO
TRANSITIONAL AND SUPPORTIVE HOUSING, CASE 5.1460 ZTA.”
P. SECOND READING AND ADOPTION OF ORDINANCE NO. 1975, AMENDING
THE PALM SPRINGS ZONING CODE TO ESTABLISH PROCEDURES
RELATING TO REASONABLE ACCOMMODATIONS, CASE 5.1459 ZTA
This item was excluded from the Consent Calendar. Please refer to Page 11 of these
minutes for a summary of that action.
Item 5D - 11
City Council Minutes January 23, 2019
City of Palm Springs Page 9
Q. SECOND READING AND ADOPTION OF ORDINANCE NO. 1976 ADOPTING
SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE RELATING TO
DENSITY BONUSES FOR AFFORDABLE HOUSING, CASE 5.1458 ZTA
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to adopt Ordinance No. 1976 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
SECTION 93.23.17 OF THE PALM SPRINGS ZONING CODE RELATING TO
DENSITY BONUSES FOR AFFORDABLE HOUSING, CASE 5.1458 ZTA.”
R. APPROVE AMENDMENT NO. 1 TO CONTRACT SERVICES AGREEMENT NO.
A7222 WITH METRO VIDEO SYSTEMS, INC., IN THE AMOUNT OF $103,991.17
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Approve Amendment No. 1 to Contract Services Agreement No. A7222 with Metro Video
Systems, Inc., a California corporation, in the amount of $103,991.17.
2. Authorize the City Manager to execute all necessary documents.
S. AUTHORIZE A PURCHASE ORDER IN THE AMOUNT NOT TO EXCEED OF
$362,026 WITH WSP USA, INC., FOR DESIGN AND TSA COORDINATION
SERVICES ASSOCIATED WITH THE PALM SPRINGS INTERNATIONAL
AIRPORT TERMINAL PASSENGER SCREENING AREA EXPANSION
PROJECT
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Authorize a Purchase Order in the amount not to exceed of $362,026 with the City’s “on-
call” professional aviation consulting services firm, WSP USA, Inc., pursuant to
Agreement No. A7149, for internal renovation design and TSA equipment reconfiguration
at the Palm Springs International Airport passenger checkpoint.
2. Authorize the City Manager to execute all necessary documents.
T. CONSIDER AN AMENDMENT TO THE CITY’S SEWER BILLING POLICES
AND PROCEDURES TO ALLOW FOR SUSPENSION OF SEWER SERVICE
CHARGES FOR PROPERTIES DETERMINED UNINHABITABLE BY THE
BUILDING OFFICIAL
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to adopt Resolution No. 24553 entitled “A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AMENDING SECTION 2 OF RESOLUTION NO. 11123, TO ALLOW FOR
SUSPENSION OF SEWER SERVICE CHARGES FOR CERTAIN PROPERTIES
RENDERED UNINHABITABLE.”
Item 5D - 12
City Council Minutes January 23, 2019
City of Palm Springs Page 10
EXCLUDED CONSENT CALENDAR:
A. STAFF AUTHORIZED AGREEMENTS AND PURCHASE ORDERS FOR THE
MONTH OF DECEMBER 2018
Following clarification, MOTION BY COUNCILMEMBER ROBERTS, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to receive and file the report of Staff
Authorized Agreements and Purchase Orders for the period of December 1 through
December 31, 2018
G. ACCEPTANCE OF THE TAHQUITZ CREEK LEVEE IMPROVEMENTS
PROJECT, CP 08-26
Councilmember Middleton urged staff to be cautious when working in bird and wildlife
habitats.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE CARRIED 4-0, to:
1. Accept the public works improvement identified for Tahquitz Creek Levee Improvements
Project as completed in accordance with the plans and specifications, CP 08-26.
2. Authorize the Civil Engineer to execute and file for recordation with the Riverside County
Recorder a Notice of Completion for the Tahquitz Creek Levee Improvements Project.
L. SECOND READING AND ADOPTION OF ORDINANCE NO. 1970 AMENDING
CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO
PROCEDURES FOR ALTERATION AND DEMOLITION OF HISTORIC
BUILDINGS AND STRUCTURES, AND GENERAL REVISIONS TO HISTORIC
PRESERVATION STANDARDS, CASE 5.1454
In response to City Council inquiry, Director Fagg confirmed that the benchmark year for
Class 4 structures is 1978.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0, to adopt Ordinance No. 1970 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 8.05 OF THE PALM SPRINGS MUNICIPAL CODE RELATIVE TO
PROCEDURES FOR ALTERATION AND DEMOLITION OF HISTORIC BUILDINGS
AND STRUCTURES, AND GENERAL REVISIONS TO HISTORIC PRESERVATION
STANDARDS, CASE 5.1454.”
Item 5D - 13
City Council Minutes January 23, 2019
City of Palm Springs Page 11
N. SECOND READING AND ADOPTION OF ORDINANCE NO. 1973 AMENDING
SECTION 94.08.10 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR
A FIRST AMENDMENT TO THE VIRGIN HOTEL DEVELOPMENT
AGREEMENT WITH DTPS B-3, LLC, REVISING THE PERFORMANCE
SCHEDULE FOR CONSTRUCTION PROPOSED ON BLOCK B-1 OF THE
DOWNTOWN PALM SPRINGS SPECIFIC PLAN, LOCATED AT THE
NORTHEAST CORNER OF MUSEUM WAY AND BELARDO ROAD, ZONE
CBD, SECTION 15, AND MAKING ADDITIONAL REVISIONS, CASE 5.1427 DA
AMENDMENT
In response to City Council inquiry, City Attorney Kotkin advised that staff will seek
confirmation that project financing is in place and will ensure that the safe harbor verbiage
related to prevailing wage is included in the amended Development Agreement.
MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0, to adopt Ordinance No. 1973 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
SECTION 94.08.10 OF THE PALM SPRINGS ZONING CODE, PROVIDING FOR A
FIRST AMENDMENT TO THE VIRGIN HOTEL DEVELOPMENT AGREEMENT WITH
DTPS B-3, LLC, REVISING THE PERFORMANCE SCHEDULE FOR CONSTRUCTION
PROPOSED ON BLOCK B-1 OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN,
LOCATED AT THE NORTHEAST CORNER OF MUSEUM WAY AND BELARDO
ROAD, ZONE CBD, SECTION 15, AND MAKING ADDITIONAL REVISIONS, CASE
5.1427 DA AMENDMENT."
P. SECOND READING AND ADOPTION OF ORDINANCE NO. 1975, AMENDING
THE PALM SPRINGS ZONING CODE TO ESTABLISH PROCEDURES
RELATING TO REASONABLE ACCOMMODATIONS, CASE 5.1459 ZTA
In response to City Council inquiry, Director Fagg confirmed that all changes as
recommended by the Inland Counties Legal Services have been incorporated into the final
ordinance.
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
ROBERTS, CARRIED 4-0, to adopt Ordinance No. 1975 “AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
SECTION 93.23.18 OF THE PALM SPRINGS ZONING CODE RELATING TO
REASONABLE ACCOMMODATIONS, CASE 5.1459 ZTA.”
2. PUBLIC HEARINGS: None.
Item 5D - 14
City Council Minutes January 23, 2019
City of Palm Springs Page 12
3. LEGISLATIVE:
A. RE-INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 5.26 OF
THE PALM SPRINGS MUNICIPAL CODE, RE-ESTABLISHING THE HOTEL
OPERATIONS INCENTIVE PROGRAM
Director of Community and Economic Development Virata presented the staff report.
In response to City Council inquiry, Director Virata confirmed that utilization of the
incentive program will require payment of prevailing wage.
During the course of discussion, the City Council agreed that the incentive program should be
limited to facilities, fixtures, and equipment (FF&E), noting that any improvements should
benefit hotels located in Palm Springs; directed that the verbiage prohibiting project phasing
be replaced with verbiage stating the project must be completed within twelve months.
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0, to introduce Ordinance No. 1972 "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING
CHAPTER 5.26 OF THE PALM SPRINGS MUNICIPAL CODE, RE-ESTABLISHING
THE HOTEL OPERATIONS INCENTIVE PROGRAM."
4. UNFINISHED BUSINESS:
A. CONSIDER A RESOLUTION ADOPTING A CODE OF CONDUCT FOR
ELECTED OFFICIALS
Councilmember Middleton presented the City Council Subcommittee Report.
Following discussion, MOTION BY COUNCILMEMBER MIDDLETON, SECOND BY
COUNCILMEMBER HOLSTEGE, CARRIED 4-0, to adopt Resolution No. 24554 entitled
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING A CODE OF CONDUCT FOR ELECTED OFFICIALS,"
with the following direction:
Modify Section 1.1 to read as follows, “Councilmembers shall not direct, order or make
demands on any City employee, other than inquiries that can be answered routinely and
without with minimal research and support requested in accordance with a protocol
established by the City Manager…”
Add verbiage to clarify that members of City Council may direct work priorities for
employees assigned to support the City Council.
Modify Section 2.2 to read as follows “When making written and verbal public
utterances communications, Councilmembers shall make it clear whether they are
authorized to speak in an official capacity on behalf of the body of which they are a
member, or whether they are presenting their own views.”
All public requests for appearances and policy considerations are to be forwarded to
the City Manager and/or provided to all Councilmembers.
Individual Councilmember stationary is to be ordered.
Item 5D - 15
City Council Minutes January 23, 2019
City of Palm Springs Page 13
5. NEW BUSINESS:
A. DISCUSSION OF REVISED CITY COUNCIL RULES OF PROCEDURE
Councilmember Roberts presented the City Council Subcommittee Report.
In response to City Council inquiry, City Manager Ready advised that he will work with
the Subcommittee to refine verbiage related to members of City Council requesting that
matters be agendized.
Councilmember Holstege opined that public comment on non-agenda items should be
considered earlier in the meeting agenda. Councilmember Roberts voiced opposition,
pointing out that public comment on non-agenda items at the beginning of the meeting
previously resulted in applicants and members of the public desiring to speak on agenda
items waiting prolonged periods.
Following discussion, the City Council provided the following direction:
Clarify and formalize the process for members of the City Council to request that a
matter be agendized.
Modify Section 3.1 to state that the Mayor Pro Tem shall be selected at the same
meeting as the Mayor.
Update the City Council Rules of Procedure to have gender neutral language.
B. CONSIDERATION OF CHANGING GENERAL MUNICIPAL ELECTIONS
FROM NOVEMBER OF ODD-NUMBERED YEARS TO EVEN-NUMBERED
YEARS
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to table this item to the City Council meeting of February 6,
2019.
C. APPROVAL OF PRE-QUALIFIED CONTRACTORS AND AUTHORIZATION
TO PROCEED WITH BIDDING THE PALM SPRINGS INTERNATIONAL
AIRPORT TICKETING HALL EXPANSION, FAA AIP GRANT NO. 3-06-0181-
054-2016, IFB 19-03
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
Item 5D - 16
City Council Minutes January 23, 2019
City of Palm Springs Page 14
MOTION BY COUNCILMEMBER ROBERTS, SECOND BY COUNCILMEMBER
HOLSTEGE, CARRIED 4-0, to:
1. In accordance with Section 7.03.090 of the Palm Springs Municipal Code approve the list
of pre-qualified general contractors for the Palm Springs International Airport Ticketing
Hall Expansion, FAA AIP Grant No. 3-06-0181-054-2016, Invitation for Bids No. 19-03,
pursuant to the requirements specified in the City’s Statement of Qualifications 02-19, to
include: (a) McCarthy Building Companies, Inc., a Missouri corporation; Newport Beach,
CA (b) Q&D Construction, LLC, a Nevada limited liability company; Sparks, NV (c)
Swinerton Builders, a California corporation; Los Angeles, CA (d) Walsh Construction
Company II, LLC, an Illinois limited liability company; Chicago, IL
2. Pursuant to the mandatory requirements specified in the City’s Statement of Qualifications
02-19, determine that The Weitz Company, LLC, an Iowa limited liability company, is not
qualified to submit a bid for the Palm Springs International Airport Ticketing Hall
Expansion, FAA AIP Grant No. 3-06-0181-054-2016, IFB 19-03.
3. Approve the plans, specifications, and working details for the Palm Springs International
Airport Ticketing Hall Expansion, FAA AIP Grant No. 3-06-0181-054-2016, IFB 19-03,
and authorize staff to solicit bids from the four pre-qualified contractors.
D. PRESENTATION OF THE 2018 PAVEMENT MANAGEMENT PROGRAM
Assistant City Manager Fuller presented the staff report and responded to City Council
inquiries.
During the course of discussion, the City Council agreed that street improvements should
be based on a “worst-first” concept with major arterial and secondary arterial roadways
being prioritized over collector and local residential streets; expressed support for grouping
streets with the same Pavement Condition Index (PCI) score for future projects.
E. REVIEW AND MAKE APPOINTMENTS TO CITY COUNCIL
SUBCOMMITTEES, CITY REPRESENTATIVES TO PROJECTS, LIAISONS TO
CITY COMMISSIONS AND BOARDS, AND REPRESENTATIVES TO
EXTERNAL ORGANIZATIONS
MOTION BY COUNCILMEMBER HOLSTEGE SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to table this item to the City Council meeting of
February 6, 2019.
F. APPOINTMENTS TO THE ADMINISTRATIVE APPEALS BOARD
City Clerk Mejia presented the staff report.
The City Council directed that consideration of amending the code to allow for two alternates
and discussion of transitioning to Hearing Officers be agendized for February 6, 2019.
Item 5D - 17
City Council Minutes January 23, 2019
City of Palm Springs Page 15
MOTION BY COUNCILMEMBER HOLSTEGE, SECOND BY COUNCILMEMBER
MIDDLETON, CARRIED 4-0, to:
1. Appoint Stephen Moses to the Administrative Appeals Board for the term ending
June 30, 2019.
2. Appoint Jocelyn Kane to the Administrative Appeals Board for the term ending
June 30, 2021.
3. Appoint Wayne Sinclair to the Administrative Appeals Board for the term ending
June 30, 2021.
PUBLIC COMMENT:
Allen Worthy, urged the City Council to settle his claim against the City.
Edward Holzhauer, urged the City Council to declare Palm Springs as a Sanctuary City.
Yasmin Espinoza, urged the City Council to declare Palm Springs as a Sanctuary City.
CITY COUNCIL AND CITY MANAGER REQUESTS AND UPCOMING AGENDA
DEVELOPMENT:
Councilmember Holstege requested that consideration of a resolution declaring Palm Springs as a
Sanctuary City be agendized for the meeting of February 6, 2019.
ADJOURNMENT:
The City Council adjourned at 9:02 p.m. in the memories of Greg Pettis, Carol Channing, and
Kaye Ballard.
Respectfully submitted,
Anthony J. Mejia, MMC
City Clerk
APPROVED BY CITY COUNCIL: 06/05/2019
Item 5D - 18
PALM SPRINGS CITY COUNCIL
RULES OF PROCEDURE
Adopted by Resolution No. XXXXX
TABLE OF CONTENTS
1. PURPOSE, EFFECT, & AUTHORITY ................................................................................. 4
2. MEETINGS ......................................................................................................................... 4
A. Regular Meetings ............................................................................................................ 4
B. Adjourned Meetings......................................................................................................... 4
C. Special Meetings ............................................................................................................. 4
D. Study Sessions ................................................................................................................ 4
E. Notice of Meetings ........................................................................................................... 5
F. Placement of Items on Meeting Agendas ........................................................................ 5
G. Quorum ........................................................................................................................... 5
H. Legally Required Participation ......................................................................................... 5
I. Meetings To Be Public ..................................................................................................... 6
1) Personnel Matters ........................................................................................................ 6
2) Litigation Matters ......................................................................................................... 6
3) Threat To Public Buildings, Services, & Facilities ......................................................... 6
4) Negotiations For Real Property .................................................................................... 6
5) Employee Benefits ....................................................................................................... 7
J. Closed Session Procedures ............................................................................................ 7
3. ORDER OF BUSINESS ...................................................................................................... 8
A. Order of Business ............................................................................................................ 8
B. Agenda Description ......................................................................................................... 8
C. No Action on Matters Not on The Agenda: Exceptions .................................................... 9
D. Delivery of Agenda .......................................................................................................... 9
E. Roll Call ........................................................................................................................... 9
F. Presentations, Proclamations, & Recognitions ................................................................ 9
G. Approval of Minutes ......................................................................................................... 9
H. Public Testimony & Public Comment Periods .................................................................10
I. Consent Calendar ..........................................................................................................10
Item 5D - 19
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 2
J. Public Hearings ..............................................................................................................10
K. Tentatively Scheduled Adjournment Time ......................................................................11
4. PRESIDING OFFICER .......................................................................................................12
A. Presiding Officer .............................................................................................................12
B. Call to Order ...................................................................................................................12
C. Participation of Presiding Officer.....................................................................................12
D. Questions To Be Stated .................................................................................................12
E. Signing of Documents ....................................................................................................12
5. RULES, DECORUM, AND ORDER ...................................................................................13
A. Points of Order ...............................................................................................................13
B. Decorum & Order - Councilmembers ..............................................................................13
C. Decorum & Order - Employees .......................................................................................13
D. Decorum & Order - Public ..............................................................................................14
E. Enforcement of Decorum ................................................................................................14
F. Personal Privilege ..........................................................................................................14
G. Conflict of Interest ..........................................................................................................15
H. Limitation of Debate........................................................................................................15
I. Dissents & Protests ........................................................................................................15
J. Rulings of Chair Final Unless Overruled .........................................................................15
6. ADDRESSING THE CITY COUNCIL .................................................................................16
A. Manner of Addressing The City Council..........................................................................16
B. Time Limitation ...............................................................................................................16
C. Limitations Regarding Public Comments ........................................................................16
D. Addressing The City Council After Motion Is Made .........................................................16
E. Written Correspondence .................................................................................................17
F. Persons Authorized To Be Within Platform .....................................................................17
7. MOTIONS ..........................................................................................................................18
A. Processing of Motions ....................................................................................................18
B. Motions Out of Order ......................................................................................................18
C. Division of Question........................................................................................................18
D. Precedence of Motions ...................................................................................................18
E. Motion To Adjourn (Not Debatable) ................................................................................18
F. Motion To Fix Hour of Adjournment ................................................................................18
Item 5D - 20
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 3
G. Motion To Table .............................................................................................................19
H. Motion To Terminate Discussion or Call The Question ...................................................19
I. Motion To Amend ...........................................................................................................19
J. Motion To Continue ........................................................................................................19
8. VOTING PROCEDURE .....................................................................................................20
A. Voting Procedure ............................................................................................................20
B. Vote Required ................................................................................................................20
C. Roll Call Voting ...............................................................................................................20
D. Failure To Vote ...............................................................................................................20
E. Reconsideration .............................................................................................................21
F. Motion To Rescind .........................................................................................................21
G. Tie Votes ........................................................................................................................21
9. RESOLUTIONS .................................................................................................................22
A. Definitions ......................................................................................................................22
B. Resolutions Prepared in Advance...................................................................................22
C. Resolutions Not Prepared in Advance ............................................................................22
D. Urgency Resolutions ......................................................................................................22
10. ORDINANCES ...............................................................................................................23
A. Introduction And Adoption of Ordinances .......................................................................23
B. Effective Date .................................................................................................................23
C. Publication ......................................................................................................................23
D. Urgency Ordinances .......................................................................................................23
11. STANDING COMMITTEES ............................................................................................24
A. Finance Committee ........................................................................................................24
Item 5D - 21
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 4
1. PURPOSE, EFFECT, & AUTHORITY
In the absence of a rule herein to govern a point or procedure or the making of a motion,
Robert’s Rules of Order, Newly Revised, shall be used as a guide. The purpose and intent of
adopting the within rules are to provide directory guidelines relating to the conduct of the public
business by the City Council. In the event of any non-compliance with or violation of any
provision herein, such will not be deemed to affect the validity of any action taken unless
otherwise provided by law. These rules are intended to be consistent with State law; however,
in the event of any inconsistency, State law shall prevail. In the event of any inconsistency
between these rules and Robert’s Rules of Order, these rules shall control. The Presiding
Officer shall determine the scope and effect of these rules in conformity with Section 5.J.
2. MEETINGS
A. Regular Meetings
The City Council of Palm Springs shall hold regular meetings in the Council Chamber
located at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs, California, on the
first and third Thursday of each month at 5:30 p.m. (or as amended by the City Council by
Ordinance or Resolution). When the regular meeting falls on a legal holiday, the meeting
shall be held on the following day. (Gov. Code § 54954)
B. Adjourned Meetings
Any meeting may be adjourned to a time, place, and date certain, but not beyond the next
regular meeting. Once adjourned, the meeting may not be reconvened.
C. Special Meetings
Special meetings may be called by the Mayor, or a majority of the City Council, on
24-hour notice. Only matters contained in the notice may be considered and no ordinances
(other than urgency ordinances) may be adopted. (Gov. Code § 54956)
D. Study Sessions
Study sessions are held for the following purposes:
• Review the agenda for the upcoming City Council meeting;
• Discuss matters to determine whether they should be on a future City Council agenda;
• Discuss matters preparatory to placing them on a future City Council agenda so that
staff will know what information the City Council wishes analyzed or included in the
staff report;
• Decide matters of an emergency nature which cannot be held to a future City Council
meeting;
• Meeting and conferring with City commissions, civic organizations, and City officials
relative to pending City business; and
Item 5D - 22
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 5
• Conducting minor cleanup, administrative, housekeeping, and ministerial activities of
limited consequence such as responding to correspondence, arranging for substitute
attendance of Councilmembers and staff at meetings, arranging to meet with boards,
commissions, and others, and similar matters.
Typically, no action will be taken on study session topics. If any action is taken, the matter
shall be placed on the consent calendar at the next available City Council agenda for
ratification.
E. Notice of Meetings
The agenda for all regular, adjourned, and special meetings shall be available to the
general public, and the City Clerk shall cause a copy thereof to be posted at least 72 hours
before a regular or adjourned meeting or 24 hours before a special meeting on the bulletin
board outside of the Council Chamber. Email, mail, or personally delivered notice to each
member of the City Council and to each local newspaper of general circulation, radio, or
television station requesting notice in writing, is required of special meetings. A notice of
adjournment shall be posted within 24 hours of any adjourned meeting. (Government
Code § 54955-54956)
F. Placement of Items on Meeting Agendas
1) The City Manager shall be responsible for scheduling agenda items for City Council
meetings.
2) A Councilmember may request staff agendize an item for a future City Council meeting
during the “City Council and City Manager Requests and Upcoming Agenda
Development” portion of the agenda by a majority vote of the City Council.
3) Individual members of the City Council must sponsor and seek two co-sponsor to add
an item to the agenda if it is demonstrated there is a need to take immediate action
sooner than can be accommodated under Section 2.F.2.
G. Quorum
A majority of the City Council shall be sufficient to do business, and motions may generally
be passed by two (2) to one (1) if only three (3) members are present. Certain items as
specified in Section 8.B., however, require three or four affirmative votes to carry.
H. Legally Required Participation
If a majority of the City Council shall be disqualified to vote on a matter by reason of actual
or apparent conflict of interest, the City Council shall select by lot or other means of
random selection, or by such other impartial and equitable means as determined by the
City Council, that number of its disqualified members which, when added to the
Councilmembers eligible to vote, shall constitute a quorum. (Gov. Code § 87101)
Item 5D - 23
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 6
I. Meetings To Be Public
Study Session and all regular, adjourned, or special meetings of the City Council shall be
open to the public. However, the City Council may hold closed sessions from which the
public may be excluded for the consideration of those subjects specified in the Brown Act,
principally including, but not limited to:
1) Personnel Matters
To consider the appointment, employment, evaluation of performance, or dismissal of
a public employee, or to hear complaints or charges brought against such employee
by another person or employee unless such employee requests a public hearing. The
term “employee” does not include those elected to office or appointed to an office by
a legislative body, except that positions such as City Manager, City Attorney,
department head, or other similar administrative officers shall be considered
employees. The City Council may exclude from any such closed session during the
examination of a witness any or all other witnesses in the matter being investigated.
(Gov. Code § 54957)
2) Litigation Matters
On the advice of legal counsel to discuss litigation when discussion in open session
would prejudice the City’s position. Litigation is considered pending when a formal
action is initiated or when legal counsel believes there is significant exposure to
litigation. A closed session may be held to determine whether there is significant
exposure to litigation or when the City wishes to initiate litigation. (Gov. Code §
54956.9)
Legal counsel must submit to the City Council a memorandum stating the specific
reasons and legal authority for the closed session. If action has been filed, the
memorandum must include the title of the litigation. In all other cases, the
memorandum must include existing facts and circumstances on which the pending
litigation is based. The memorandum should be submitted prior to the closed session
if feasible, but otherwise no later than one week after the closed session. The
memorandum is not a public record. (Gov. Code § 54956.9)
3) Threat To Public Buildings, Services, & Facilities
With law enforcement officials on matters posing a threat to the security of public
buildings or a threat to the public’s right to access to public services or public facilities.
However, closed sessions may not be used to discuss normal and usual police
business. (Gov. Code § 54957)
4) Negotiations For Real Property
With any negotiator, the City Council has employed to purchase, sell, exchange, or
lease real property. But prior to the closed session, the legislative body must, in open
session or by agenda posting, identify the real property about which the negotiations
are concerned and the person or persons with whom the negotiator may negotiate.
(Gov. Code § 54956.8)
Item 5D - 24
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 7
5) Employee Benefits
With the local agency’s designated representatives (e.g., labor negotiator) regarding
the salaries, salary schedules, or compensation paid in the form of fringe benefits of
its represented and unrepresented employees, or to instruct the representative. (Gov.
Code § 54957.6)
J. Closed Session Procedures
Prior to or after holding any closed session, the City Council must state in open session
the general reason or reasons for holding the closed session and may cite the statutory
authority or other legal authority under which the session is being held. In the closed
session, the City Council may consider only those matters covered in its statement. In the
case of special, adjourned, and continued meetings, the statement shall be made as part
of the notice provided for the meeting. (Gov. Code § 54957.7)
In the case of a closed session regarding the appointment, employment, or dismissal of a
public employee, after any closed session, the City Council must publicly report at that
same public meeting or the next public meeting the action it has taken and any roll call
vote thereon. (Gov. Code § 54957.1)
No member of the City Council, employee, or anyone else present shall disclose to any
person the content or substance of any discussion which takes place in a closed session
unless authorized by the City Council, or as otherwise required by law.
Item 5D - 25
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 8
3. ORDER OF BUSINESS
A. Order of Business
The Order of Business of each meeting shall be as contained in the agenda prepared by
the City Clerk, under the general direction of the City Manager. The agenda shall be a list
containing a brief general description of each item of business to be transacted or
discussed at the meeting in the following order:
• Call to Order
• Pledge of Allegiance
• Roll Call
• Presentations
• Acceptance of the Agenda
• Report of Closed Session
• Public Testimony
• Consent Calendar
• Excluded Consent Calendar
• Public Hearings
• Business & Legislative Items
• Public Comment (Non-Agenda Topics)
• City Council and City Manager Comments, Reports, & Agenda Development
• Adjournment
Items may not be taken out of order, except with the majority consent of the City Council.
The City Clerk, under the general direction of the City Manager, shall place other agency
business (Successor Agency, Housing Authority, etc.) in any manner for the efficient
conduct of the meeting.
B. Agenda Description
The agenda must include a brief general description sufficient to inform the public of the
subject matter and nature of the proposed action for each item of business to be
transacted or discussed at the meeting.
Item 5D - 26
City Council Rules of Procedure Resolution No. XXXXX
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C. No Action on Matters Not on The Agenda: Exceptions
No action shall be taken on any item not appearing on the posted agenda except in the
following circumstances (Gov. Code § 54954):
1) Upon a determination by a majority of the City Council that an emergency situation
exists, as defined in Government Code Section 54956.5;
2) Upon a determination by a two-thirds vote of the City Council, or, if less than two-thirds
of the Councilmembers present, a unanimous vote of those Councilmembers present,
that the need to act arose after the posting of the agenda and there is a need to take
immediate action; or
3) The item appeared on a posted agenda for a previous City Council meeting occurring
not more than five calendar days previously, and at the prior meeting, the item was
continued to the current meeting.
The facts to support the determinations in exception 1) or 2) above shall be stated in the
staff report, a supplemental staff report, or the meeting minutes at which the action was
taken.
D. Delivery of Agenda
Barring insurmountable difficulties, the agenda packet shall ordinarily be delivered to
Councilmembers each Friday preceding the Thursday meeting to which it pertains.
E. Roll Call
Before proceeding with the business of the City Council, the City Clerk shall call the roll of
the Councilmembers, and the names of those present shall be entered in the minutes. The
order of roll call shall be alphabetical with the Presiding Officer called last. If all
Councilmembers are present, the City Clerk may indicate that the record will reflect that
all members are present.
F. Presentations, Proclamations, & Recognitions
Presentation of proclamations and recognitions should occur outside the City Council
meeting, such as a specified event, via mail or personal delivery. When necessary,
individual presentations, proclamations, and recognitions should be limited to no more
than five (5) minutes. Staff should endeavor to schedule presentations and recognitions
so that the total time for those items is no more than ten (10) minutes. Longer
presentations may be included in the Presentations portion of the agenda at the discretion
of the City Manager when the City Manager determines that a longer presentation will not
unduly delay the consideration of scheduled Public Hearings or business items.
G. Approval of Minutes
Unless requested by a majority of the City Council, minutes of the previous meeting may
be approved without public reading if the City Clerk has furnished each Councilmember
with a copy thereof.
Item 5D - 27
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City of Palm Springs Page 10
H. Public Testimony & Public Comment Periods
During the public testimony portion of the meeting, any person may address the City
Council on non-public hearing agenda items. During the public comment portion of the
meeting, any person may address the City Council on items of general interest within the
subject matter jurisdiction of the City. Two (2) minutes will be assigned to each speaker.
(Gov. Code § 54954.3)
During public testimony/comment periods and irrespective of the subject or viewpoint to
be expressed, no speaker shall be permitted to show a video, make a PowerPoint
presentation, or otherwise utilize any other form of electronic visual display technology
requiring advanced setup or the use of projectors or other specialized equipment. Such
controls are intended to help all speakers maximize their time when addressing the City
Council instead of dealing with potentially time-consuming setup or technical difficulties
and computer virus and phishing threats.
I. Consent Calendar
Routine and non-controversial items shall be placed on the consent calendar. All items
may be approved by one motion upon unanimous consent. Under the “Acceptance of the
Agenda” portion of the meeting, any Councilmember may request that any item be
removed from the consent calendar for separate consideration. However, any
Councilmember may abstain or vote “no” from voting on any consent calendar item without
requesting its removal from the consent calendar. The City Clerk shall be instructed to
record such abstentions or “no” votes in the minutes.
J. Public Hearings
Generally, public hearings, other than those of a quasi-judicial nature, shall be conducted
in the following order:
• Staff Report
• Initial Questions and Clarifications by the City Council
• Public Hearing Opened:
o Applicant (5-minute time limit)
o Appellant (if different than the Applicant) (5-minute time limit)
o Public Testimony (2-minute time limit)
o Applicant Rebuttal (2-minute time limit)
o Appellant Rebuttal (2-minute time limit)
• Questions and Discussion by the City Council
• Action by the City Council
The public’s questions or comments shall be limited to the subject under consideration.
Councilmember questions of the staff before the opening of the public hearing and the
public before the close of the public hearing should be factual and seek pertinent
information. Councilmember questions and comments should not be argumentative, and
Councilmembers should not get into debates with staff or those members of the public
testifying at a public hearing. Councilmembers should not express their opinions on an
Item 5D - 28
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 11
item before the close of the public hearing, as Councilmembers should not form or express
an opinion until after all testimony has been received.
Depending upon the extent of the agenda and the number of persons desiring to speak
on an issue, the Presiding Officer may limit testimony at the beginning of the hearing, but
in no event less than two (2) minutes per individual. Any person may speak for a longer
period, upon approval of the City Council, when this is deemed necessary in such cases
as when a person is speaking as a representative of a group. (Gov. Code § 54954.3)
Quasi-judicial hearings shall be conducted following the principles of due process, and the
City Attorney shall advise the City Council in this regard.
K. Tentatively Scheduled Adjournment Time
The tentatively scheduled adjournment time for all regular meetings shall be 10:00 p.m.
The City Council may continue the meeting past 10:00 p.m., by a majority vote of the City
Council.
Item 5D - 29
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 12
4. PRESIDING OFFICER
A. Presiding Officer
The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence
of the Mayor, the Mayor Pro Tem shall preside. In the absence of both the Mayor and
Mayor Pro Tem, the City Council shall elect a temporary Presiding Officer to serve until
the arrival of the Mayor or Mayor Pro Tem or until adjournment.
Pursuant to Palm Springs City Charter Section 302, at the first regular City Council
meeting following a general municipal election, in which newly elected Councilmembers
are sworn and seated, and at the first regular City Council meeting following the
anniversary of that date for any year in which no general municipal election is held, the
City Council shall designate one of its members as Mayor and Mayor Pro Tem, who shall
serve in such capacity at the pleasure of the City Council. The Mayor Pro Tem shall
perform the duties of the Mayor during any period of the Mayor’s absence or disability.
B. Call to Order
The meeting of the City Council shall be called to order by the Presiding Officer. In the
absence of the Presiding Officer, the meeting shall be called to order by the City Clerk,
after which the City Clerk shall immediately call for the selection of a temporary Presiding
Officer.
C. Participation of Presiding Officer
The Presiding Officer may move, second, and debate from the Chair, subject only to such
limitations of debate as are imposed on all Councilmembers, and shall not be deprived of
any of the rights and privileges of a Councilmember by reason of acting as Presiding
Officer.
D. Questions To Be Stated
The Presiding Officer shall verbally restate each question immediately before calling for
the vote. Following the vote, the Presiding Officer shall verbally announce whether the
question carried or was defeated. The Presiding Officer shall also publicly state the effect
of the vote for the audience’s benefit before proceeding to the next item of business.
E. Signing of Documents
The Mayor, or Mayor Pro Tem in the absence of the Mayor, shall have authority to sign all
ordinances, resolutions, contracts, deeds, easements, licenses, covenants, and other
documents on behalf of the City, but such authority may be delegated to the City Manager
as provided in Section 2.08.020 of the Palm Springs Municipal Code, and Resolution No.
20271, as they may be amended from time to time.
The City Clerk, or the Deputy City Clerk in the absence of the City Clerk, shall attest to the
signature of the Mayor, Mayor Pro Tem, or City Manager.
Item 5D - 30
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 13
5. RULES, DECORUM, AND ORDER
A. Points of Order
The Presiding Officer shall determine all points of order subject to the right of any
Councilmember to appeal to the City Council. If an appeal is taken, the question shall be,
“Shall the decision of the Presiding Officer be sustained?” in which event a majority vote
shall govern and conclusively determine such question of order.
The Presiding Officer is responsible for maintaining order and decorum at all times. No
person can speak who has not first been recognized by the Presiding Officer. All questions
and remarks shall be addressed to the Presiding Officer.
B. Decorum & Order - Councilmembers
1) Any Councilmember desiring to speak shall address the Presiding Officer and, upon
recognition, shall confine themselves to the question under debate.
2) A Councilmember desiring to question staff shall address the City Manager or City
Attorney, who shall be entitled to answer the inquiry themself or designate their staff
for that purpose.
3) A Councilmember, once recognized, shall not be interrupted while speaking unless
called to order by the Presiding Officer, unless another Councilmember raises a Point
of Order, or unless the speaker chooses to yield to questions from another
Councilmember.
4) Any Councilmember called to order while speaking shall cease speaking immediately
until the question of order is determined. If ruled to be in order, they shall be permitted
to proceed. If ruled to be not in order, they shall remain silent or alter their remarks to
comply with the rules of the City Council.
5) Councilmembers shall accord the utmost courtesy to each other, staff, and the public
and shall refrain at all times from rude and derogatory remarks or reflections as to the
integrity, motives, or personalities of others.
6) Any Councilmember may move to require the Presiding Officer to enforce the rules,
and the affirmative vote of a majority of the City Council shall require the Presiding
Officer to act so.
C. Decorum & Order - Employees
Members of the administrative staff and employees shall observe the same rules of
procedure and decorum applicable to members of the City Council. The City Manager
shall ensure that all City employees observe such decorum. Any staff member, including
the City Manager, desiring to address the City Council shall first be recognized by the
Presiding Officer. All remarks shall be addressed to the Presiding Officer and not to
individual Councilmembers or the public.
Item 5D - 31
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 14
D. Decorum & Order - Public
Members of the public attending City Council meetings shall observe the same rules of
order and decorum applicable to the City Council. Any person wishing to address the City
Council shall, before speaking, announce their name and their city of residence, but such
information need not be disclosed if to do so would violate the privacy interests of the
speaker. Any person while addressing the City Council making obscene, slanderous,
impertinent, profane, or similarly offensive and disruptive remarks, or who engages in loud,
boisterous, or other disorderly conduct, which disrupts, disturbs, or otherwise impedes the
orderly conduct of the public meeting; and any person, while attending the City Council
meeting, making unauthorized remarks from the audience, or stamping their feet,
whistling, yelling, or making similar demonstrations which disrupts, disturbs, or otherwise
impedes the orderly conduct of the public meeting, shall, at the discretion of the Presiding
Officer, or a majority of the City Council, be barred from further audience before the City
Council during that meeting and removed from the room by the sergeant-of-arms.
Aggravated cases shall be prosecuted on an appropriate complaint signed by the
Presiding Officer.
E. Enforcement of Decorum
The Chief of Police shall be ex-officio sergeant-of-arms of the City Council. The Chief of
Police shall carry out all orders and instructions given by the Presiding Officer to maintain
order and decorum in the Council Chamber. Upon instructions from the Presiding Officer,
it shall be the duty of the Chief of Police or designee to eject any person from the Council
Chamber or place them under arrest or both.
If any meeting is willfully interrupted by a group or groups of persons to render the orderly
conduct of such meeting unfeasible, and the order cannot be restored by the removal of
individuals who are willfully interrupting the meeting. In that case, the members of the City
Council may order the meeting room cleared and continue in session. Only matters
appearing on the agenda may be considered in such a session. Duly accredited
representatives of the press or other news media, except those participating in the
disturbance, shall be allowed to attend any session held under this section. Nothing in this
section shall prohibit the City Council from establishing a procedure for readmitting an
individual or individuals not responsible for willfully disturbing the orderly conduct of the
meeting. (Gov. Code § 54957.9)
F. Personal Privilege
The right of a member to address the City Council on a question of personal privilege shall
be limited to cases in which his integrity, character, or motives are assailed, questioned,
or impugned.
Item 5D - 32
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 15
G. Conflict of Interest
All Councilmembers are subject to the California Political Reform Act, Local Conflict of
Interest Code, and Public Integrity Ordinance. Any Councilmember prevented from voting
because of a conflict of interest shall refrain from debate and vote. Such Councilmember
shall leave Council Chamber during discussion and voting on the issue but shall be free
to address the City Council as a private citizen on the matter.
H. Limitation of Debate
As a matter of preferred protocol and courtesy to fellow members of the City Council, no
Councilmember should speak more than once upon any one subject until every other
Councilmember choosing to speak thereon has spoken. No Councilmember should speak
for an excessive length of time without the approval of the City Council.
I. Dissents & Protests
Any Councilmember shall have the right to express dissent from or protest to any action
of the City Council and have the reason(s) entered in the minutes. This direction should
be made clear by language such as “I want the record to reflect...”
J. Rulings of Chair Final Unless Overruled
In presiding over City Council meetings, the Presiding Officer shall decide all questions of
interpretation of these rules, points of order, or other questions of procedure, requiring
rulings. Any such decision or ruling shall be final unless overridden or suspended by a
majority vote of the Councilmembers present and shall be binding and legally effective for
the matter under consideration.
Item 5D - 33
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 16
6. ADDRESSING THE CITY COUNCIL
A. Manner of Addressing The City Council
Speaker cards shall be available at the meeting. Persons desiring to address the City
Council shall be requested to complete a card and give it to the City Clerk before the public
hearing or public testimony/comment periods. The City Clerk shall provide all speaker
cards to the Presiding Officer, who shall call each person to the microphone. The person
recognized by the Presiding Officer shall proceed to the podium.
No person shall enter any discussion without being recognized by the Presiding Officer.
All remarks and questions shall be addressed to the Presiding Officer and not to any
individual Councilmember, staff member, or other people. All comments shall be limited
to the subject under consideration during a public hearing.
Persons who have not completed a speaker card shall identify themselves to the City Clerk
as wishing to speak before the beginning of the public comment period. After the Presiding
Officer has called upon all speakers who submitted a speaker card, those persons shall
be heard. Such persons shall state their name and their city of residence for the record.
B. Time Limitation
Unless the City Council has granted additional time, any member of the public desiring to
address the City Council shall limit his remarks as follows (Gov. Code § 54954.3):
1) Public testimony/comment periods: Two (2) minutes per speaker
2) Public hearings: Two (2) minutes per speaker
C. Limitations Regarding Public Comments
Public comments during the “public testimony/comment” portions of the agenda shall be
subject to the following limitations:
1) At any time, before or after the public comment is commenced, the Presiding Officer,
if deemed preferable, may direct that the communication be made instead either to the
City Manager or other appropriate staff during regular business hours or in writing for
subsequent submittal to Councilmembers (Section 6.E.)
2) Except in the case of public hearings, if it appears that several speakers desire to
comment regarding a single topic, the Presiding Officer may reasonably limit the
number of persons speaking as to each side of an issue. In this regard, preference
may be given to speakers who represent groups of persons who have designated a
spokesperson.
D. Addressing The City Council After Motion Is Made
After a motion has been made, or after a public hearing has been closed, no person shall
address the City Council without first securing permission by a majority vote of the City
Council.
Item 5D - 34
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 17
E. Written Correspondence
The City Manager is authorized to receive and open all mail addressed to the City Council
as a whole and give it immediate attention to the end that all administrative business
referred to in said communications, and not necessarily requiring City Council action, may
be disposed of between City Council meetings. A copy of such communication shall be
sent to each Councilmember marked “Information Only.”
Any communication relating to a matter pending or brought before the City Council shall
be included in the agenda packet for the meeting at which such item is to be considered.
Letters of appeal from administrative or commission decisions shall be processed under
applicable provisions of the Municipal Code or other ordinances.
Copies of all other communications will be transmitted to the City Council. Any matter
requiring City Council action shall be placed on a meeting agenda.
F. Persons Authorized To Be Within Platform
No person except City officials shall be permitted within the platform area in front of the
City Council dais without the invitation or consent of the Presiding Officer.
Item 5D - 35
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 18
7. MOTIONS
A. Processing of Motions
When a motion is made and seconded, it shall be stated by the Presiding Officer before
the debate. A motion so stated shall not be withdrawn by the mover without the seconder.
B. Motions Out of Order
The Presiding Officer may at any time, by majority consent of the City Council, permit a
Councilmember to introduce an ordinance, resolution, or motion out of the regular agenda
order.
C. Division of Question
If the question contains two or more divisible propositions, the Presiding Officer may, and
upon request of a Councilmember shall (unless appealed), divide the same.
D. Precedence of Motions
When a motion is before the City Council, no motion shall be entertained except the
following, which shall have precedence in the following order:
1) Adjourn
2) Fix Hour of Adjournment
3) Table
4) Limit or Terminate Discussion
5) Amend
6) Postpone
E. Motion To Adjourn (Not Debatable)
A motion to adjourn shall be in order at any time, except as follows:
1) When repeated without intervening business or discussion,
2) When made as an interruption of a Councilmember while speaking,
3) When debate has been ended, and vote on the motion is pending, and
4) While a vote is being taken.
A motion to adjourn “to another time” shall be debatable only as to when the meeting is to
adjourn.
F. Motion To Fix Hour of Adjournment
A motion to fix the hour of adjournment shall be to set a definite time to adjourn and shall
be undebatable and unamendable except by unanimous vote.
Item 5D - 36
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 19
G. Motion To Table
A motion to table shall be used to bypass the subject temporarily. A motion to table shall
be undebatable and shall preclude all amendments or debates of the issue under
consideration. If the motion prevails, the matter may be “taken from the table” before the
end of the meeting. If not taken from the table, the issue shall die but may be placed on a
future agenda as a new matter.
H. Motion To Terminate Discussion or Call The Question
Such a motion shall be used to limit or close debate on, or further amendments to, the
main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the
motion passes, a vote shall be taken on the main motion.
I. Motion To Amend
A motion to amend shall be debatable only as to amendment. A motion to amend an
amendment shall be in order, but a motion to amend an amendment to an amendment
shall not be in order. An amendment modifying the intention of a motion shall be in order,
but an amendment relating to a different matter shall not be in order. A substitute motion
on the same subject shall be acceptable and voted on before voting on the amendment.
Amendments shall be voted first, then the main motion as amended.
J. Motion To Continue
Motions to continue to a definite time shall be amendable and debatable as to propriety of
postponement and time set.
Item 5D - 37
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 20
8. VOTING PROCEDURE
A. Voting Procedure
In acting upon every motion, the vote shall be taken by voice or roll call or any other
method by which the vote of each Councilmember present can be ascertained. The vote
on each motion shall then be entered in full upon the record. The City Clerk shall vary the
voting order with the Presiding Officer voting last. The City Clerk shall call the names of
all Councilmembers seated when a roll call vote is ordered or required. Councilmembers
shall respond “aye,” “no,” or “abstain,” provided that when a vote is collectively taken by
voice or when a method of voting other than by voice or roll call is used, any
Councilmember not audibly and clearly responding “no” or “abstain” or otherwise
registering an objection shall have his vote recorded as “aye.”
B. Vote Required
Generally, items before the City Council require a majority of a quorum of affirmative votes
to carry. Certain motions, when specified in state law, require a majority of the membership
of the City Council or a supermajority of four affirmative votes. (Gov. Code § 36936). For
illustrative purposes only, these requirements are as follows:
1) Three (3) votes:
a) Ordinances;
b) Resolutions and orders for the payment of money;
c) Contracts involving payments by City over One Hundred Thousand Dollars
($100,000).
2) Four (4) votes:
a) Motions to condemn property;
b) Motions to overrule a majority protest to the formation of an assessment district;
c) Motions to add an item to the agenda;
d) Urgency ordinances.
C. Roll Call Voting
Any question before the City Council shall not require a roll call vote unless demanded by
any Councilmember. It shall not be in order for Councilmembers to explain their vote
during roll call. Any Councilmember may change his vote before the next order of
business.
D. Failure To Vote
Every Councilmember should vote unless disqualified for cause. If a Councilmember is
required to vote despite a disqualifying conflict of interest to achieve a quorum. In that
case, the Councilmember shall state the reason, which shall be recorded in the minutes.
When a vote is collectively taken by voice, any Councilmember not audibly and clearly
responding “no” or “abstain” shall have their vote recorded as “aye.”
Item 5D - 38
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 21
E. Reconsideration
Except for votes regarding matters which are quasi-judicial or matters which require a
noticed public hearing, the City Council may reconsider any vote taken at the same
meeting or the subsequent meeting under the following circumstances:
1) If there has not been detrimental reliance on the prior decision by a person, or
2) If that action has been taken as a part of the earlier decision, which would be
impossible to undo.
The motion to reconsider must be made by a Councilmember who voted on the prevailing
side, must be seconded, and requires a majority vote of the quorum for passage,
regardless of the vote needed to adopt the motion being reconsidered. If the motion to
reconsider is successful, the matter to be reconsidered takes no special preference over
other pending matters, and any special voting requirements related to it still apply. Except
pursuant to a motion to reconsider, once a matter has been determined and voted upon,
the same matter cannot be brought up again.
F. Motion To Rescind
Any Councilmember, regardless of how they voted on the item initially, may move to
rescind an action taken at a previous meeting in order to strike out an entire motion,
resolution, rule, bylaw, section, or paragraph that has been adopted except in the following
circumstances:
1) When there has been detrimental reliance on the original decision by a party affected
thereby,
2) When something has been done, as a result of the original decision, which it would be
impossible to undo, or
3) When the item is in the nature of a contract, and the other party has been informed of
the vote and has taken action in reliance thereon which cannot be undone.
After a motion to rescind has been acted upon, no other motion to rescind shall be made
without the unanimous consent of the City Council.
G. Tie Votes
Tie votes shall be lost motions. When all Councilmembers are present, a tie vote on
whether to grant an appeal from official action shall be considered a denial of such appeal
unless the City Council takes other action to consider the matter further. If a tie vote on
any matter results at a time when less than all members of the City Council are present,
the matter shall automatically be continued to the agenda of the next regular meeting of
the City Council, unless otherwise ordered by the City Council.
Item 5D - 39
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 22
9. RESOLUTIONS
A. Definitions
As a rule of thumb, it can be said that legislative acts of the City Council (usually a rule of
public conduct for long-term application) are taken by ordinance. In contrast, more routine
business and administrative matters (usually more temporary and transitory) are
accomplished by “resolutions.” The term “resolution” in its general sense will denote any
action taken affirmatively via a vote of the City Council, other than one taken by ordinance.
As used in this City, however, two terms are generally used to denote such (non-
ordinance) actions: “resolution” and “motion” (thereafter recorded by minute entry).
Technically, both are equally effective and binding; they vary only in the formality of
respective memorialization. The most formal is referred to as a “resolution.” In addition to
being referenced in the minutes, a resolution will be recorded by a separate document,
numbered in sequence, and preserved in a separate set of books. Such “resolutions” are
used for various reasons, such as when specifically required by law, when needed as a
separate evidentiary document to be transmitted to another governmental agency, or
where the frequency of future reference back to its contents warrants a separate document
(with the additional “whereas” explanatory material it often recites) to facilitate such future
reference and research.
The “motion” is a City Council action recorded by an item entry in the minutes of the meeting
at which it was accomplished, and no separate document is made to memorialize it.
B. Resolutions Prepared in Advance
Where a resolution has been prepared in advance, the procedure shall be motion, second,
discussion, vote pursuant to methods prescribed in Section 8.A., and the result declared.
It shall not be necessary to read a resolution in full or by title except to identify it.
C. Resolutions Not Prepared in Advance
Where a resolution has not been prepared in advance, the procedure shall be to instruct
the City Manager or the City Attorney to prepare a resolution for presentation at the next
City Council meeting.
D. Urgency Resolutions
In matters of urgency, a resolution may be presented verbally in motion form together with
instructions for written preparation for later execution. After the resolution has been
verbally stated, the voting procedure in Section 9.B. shall be followed.
Urgency resolutions shall be avoided except when necessary. They shall be avoided when
resolutions are required by law, such as improvement acts, zoning matters, or force
account work on public projects.
Item 5D - 40
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 23
10. ORDINANCES
A. Introduction And Adoption of Ordinances
Ordinances shall not be passed within five days of their introduction, nor at other than a
regular meeting or at an adjourned regular meeting. However, an urgency ordinance may
be passed immediately upon introduction and either at a regular, adjourned or special
meeting. Except when, after reading the title, further reading is waived by regular motion
adopted by a majority vote of the Councilmembers present, all ordinances shall be read
in full either at the time of introduction or passage. When ordinances, other than urgency
ordinances, are altered after introduction, they shall be passed only at a regular or at an
adjourned regular meeting held at least five days after alteration. Corrections of
typographical or clerical errors are not alterations within the meaning of this section.
B. Effective Date
All ordinances, except as provided in Section 36937 of the Government Code, shall take
effect 30 days after adoption but may be made operative at a later date as may be
designated in the ordinance.
C. Publication
It shall be the duty of the City Clerk to publish all ordinances within fifteen (15) days after
adoption. (City Charter § 313)
D. Urgency Ordinances
All urgency ordinances must receive four (4) affirmative votes to be adopted and effective
immediately. If such an ordinance fails to receive a 4/5 majority, it may be considered and
passed in the same manner as regular ordinances.
Item 5D - 41
City Council Rules of Procedure Resolution No. XXXXX
City of Palm Springs Page 24
11. STANDING COMMITTEES
A. Finance Committee
There shall be a standing committee of the City Council known as the Finance Committee,
whose duties shall be those as prescribed in the Palm Springs Municipal Code or as
otherwise assigned by the City Council. The Committee shall consist of two members, one
of whom shall be the Mayor who shall also serve as its Chairperson, and the other shall
be a Councilmember appointed by the City Council.
Item 5D - 42
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE CITY
COUNCIL RULES OF PROCEDURE
WHEREAS, California Government Code § 36813 authorizes the City Council to
establish rules of conduct for its proceedings, Palm Springs Municipal Code § 2.04.040
requires the City Council to adopt rules of procedure to govern the conduct of its meetings,
and City Charter § 311 provides for the City Council to impose reasonable regulations on
persons addressing the City Council to preserve the orderly nature of its proceedings,
and
WHEREAS, the City Council has adopted a certain manual entitled “City Council
Rules of Procedure” to define and ensure the proper conduct of the City’s business by
the City Council and in compliance with State law and the City’s Charter and Ordinances;
and
WHEREAS, the City Council periodically revises its City Council Rules of
Procedures to ensure clarity, consistency with State law, improve meeting efficiency, and
to ensure conformity with the City Chater, Ordinances, and current practices.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the revised City Council Rules of
Procedure as set forth in Exhibit “A,” attached hereto and incorporated herein.
SECTION 2. This Resolution shall be effective immediately upon adoption.
SECTION 3. This Resolution supersedes Resolution No. 24189, previously
adopting the City Council Rules of Procedure.
ADOPTED this __ day of ______, 2022.
Justin Clifton, City Manager
ATTEST:
Anthony J. Mejia, MMC
City Clerk
Item 5D - 43
Resolution No.
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. ____ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs 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 ______________, _________.
Anthony J. Mejia, MMC
City Clerk
Item 5D - 44
Item 5D - 45
RESOLUTION NO. 24189
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING CITY
COUNCIL RULES OF PROCEDURE, AND SUPERSEDING
RESOLUTION NO. 24058.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS
AS FOLLOWS:
a. California Government Code Section 36813 authorizes the City Council to
establish rules of conduct of its proceedings.
b. Palm Springs Municipal Code Section 2.04.040 requires the City Council
adopt rules of procedures to govern the conduct of its meetings.
c. Section 311 of the Charter of the City of Palm Springs provides the City
Council may impose reasonable regulations on persons addressing the City Council to
preserve the orderly nature of its proceedings.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The Palm Springs City Council Rules of Procedure, attached as
Exhibit A and incorporated hereto, is approved and adopted.
SECTION 2. This Resolution supersedes Resolution No. 24058, previously
adopting Rules of Procedure.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE
PALM SPRINGS THIS 1st DAY OF MARCH, 2017.
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
c::::::::::
7'. > ;,;;_;;,~~·
DAVID H. READ;,E ., H.D.
CITY MANAGER
Item 5D - 46
Resolution No. 24189
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
Page 2
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify
that Resolution No. 24189 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on the 1st day of March,
2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSE:
Councilmembers
Mayor Moon
None
None
None
None
Kors, Mills, Roberts, Mayor Pro Tern Foat, and
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Item 5D - 47
CITY COUNCIL RULES OF PROCEDURE AND CONDUCT
1. MEETINGS
Adopted by Resolution No. 24189
(March 1, 2017)
TABLE OF CONTENTS
1.1 Regular Meetings................................................................ 1
1.2 Adjourned Meetings........................................................................ 1
1.3 Special Meetings............................................................................. 1
1.4 Study Sessions............................................................................... 1
1.5 Notice of Meetings.......................................................................... 1
1 .6 Quorum........................................................................................... 2
1 . 7 Meetings to be Public...................................................................... 2
1 .8 Closed Session Procedures............................................................ 3
2. ORDER OF BUSINESS
2.1 Agenda............................................................................................ 4
2.2 Delivery of Agenda.......................................................................... 6
2.3 Roll Call........................................................................................... 6
2.4 Approval of Minutes........................................................................ 6
2.5 Public Hearings............................................................................... 6
2.6 Public Comments............................................................................ 7
2.7 Consent Calendar............................................................... 7
2.8 Presentation by Members of the Council........................................ 7
2.9 Tentatively Scheduled Adjournment Time................................. 8
2.10 Meeting Management Rule . . . . . . . . . .. . . . . . . . .. . . . . . . . . . . . . . . . . . .. .. . . . . . .. . . 8
3. PRESIDING OFFICER
3.1 Presiding Officer.............................................................................. 8
3.2 Call to Order.................................................................................... 9
3.3 Participation of Presiding Officer..................................................... 9
3.4 Question to be Stated..................................................................... 9
3.5 Signing of Documents..................................................................... 9
3.6 Maintenance of Order..................................................................... 1 O
4. RULES, DECORUM, AND ORDER
4.1 Points of Order................................................................................ 1 O
4.2 Decorum and Order -Councilmembers. ... ... ... ... ... .. . .. ... .. . ... .. . .. .. . ... . 1 O
4.3 Decorum and Order -Employees................................................... 11
City Council Rules of Procedure and Conduct, adopted 03-01-2017
Exhibit A
Pagei
Item 5D - 48
4.4 Decorum and Order -Public........................................................... 11
4.5 Enforcement of Decorum............................................................... 11
4.6 Personal Privilege........................................................................... 12
4. 7 Conflict of Interest........................................................................... 12
4.8 Limitation of Debate........................................................................ 12
4.9 Dissents and Protests..................................................................... 12
4.1 O Rulings of Chair Final Unless Overruled........................................ 12
5. ADDRESSING THE COUNCIL
5.1 Manner of Addressing the Council................................................. 13
5.2 Time Limitation............................................................................... 13
5.3 Addressing the Council After Motion is Made................................ 13
5.4 Limitations Regarding Public Comments and Reports................ 13
5.5 Written Correspondence................................................................. 14
5.6 Persons Authorized to be Within Platform...................................... 14
6. MOTIONS
6.1 Processing of Motions.................................................................... 15
6.2 Motions Out of Order...................................................................... 15
6.3 Division of Question........................................................................ 15
6.4 Precedence of Motions................................................................... 15
6.5 Motion to Adjourn............................................................................ 15
6.6 Motion to Fix Hour of Adjournment................................................. 16
6.7 Motion to Table............................................................................... 16
6.8 Motion to Terminate Discussion or Call the Question..................... 16
6.9 Motion to Amend............................................................................. 16
6.1 O Motion to Continue......................................................................... 16
7. VOTING PROCEDURE
7 .1 Voting Procedure............................................................................ 16
7.2 Vote Required................................................................................. 17
7.3 Roll Call Voting................................................................................ 17
7.4 Failure to Vote................................................................................. 17
7.5 Reconsideration.............................................................................. 17
7.6 Motion to Rescind........................................................................... 18
7.7 Tie Votes......................................................................................... 18
8. RESOLUTIONS
8.1 Definitions...................................................................................... 18
8.2 Resolutions Prepared in Advance................................................. 19
8.3 Resolutions Not Prepared in Advance............................................ 19
8.4 Urgency Resolutions....................................................................... 19
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Item 5D - 49
9. ORDINANCES
9.1 Introduction and Adoption of Ordinances....................................... 20
9.2 Effective Date................................................................................. 20
9.3 Publishing....................................................................................... 20
9.4 Urgency Ordinances....................................................................... 20
10. STUDY SESSIONS
10.1 Schedule of Study Sessions.......................................................... 20
10.2 Purpose......................................................................................... 20
10.3 Open to the Public......................................................................... 21
10.4 Closed Study Session Procedures................................................ 21
10.5 Agenda.......................................................................................... 22
11. STANDING COMMITTEES
11.1 Finance Committee........................................................................ 22
12. SUBCOMMITTEE REPORTS .. .. .... .. . .. ... .. .. .. ... .. .. .. .. .. .. .. .. . 22
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Item 5D - 50
PURPOSE, EFFECT, AND AUTHORITY:
In the absence of a rule herein to govern a point or procedure or the making of a
motion, Rosenberg's Rules of Order, shall be used as a guide. The purpose and
intent of the City Council in adopting the within rules shall be to provide directory
guidelines relating to the conduct of the public business by or on behalf of the
City Council, and in the event of any noncompliance with or violation of any
provision herein, such will not be deemed to affect the validity of any action
taken, unless otherwise specifically provided by law. These rules are intended to
be consistent with State law, however, in the event of any inconsistency with
State law, State law shall prevail. In the event of any inconsistency between
these rules and Rosenberg's Rules of Order, these rules shall control. The
scope and effect of these rules shall be determined by the Presiding Officer in
conformity with Section 4.11 hereof.
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Item 5D - 51
1. MEETINGS:
1.1 REGULAR MEETINGS:
The City Council of Palm Springs shall hold regular meetings in the
Council Chamber of the City Hall, 3200 East Tahquitz Canyon Way, Palm
Springs, California, on the first and third Wednesdays of each month at
6:00 p.m. (or as amended by the City Council by Ordinance or
Resolution). When the day for any regular meeting of the Council falls on
a legal holiday, no meeting shall be held on such holiday, but a regular
meeting shall be held at the same hour on the next succeeding day
thereafter that is not a holiday. (Gov. Code 54954)
Palm Springs Municipal Code § 2.04.01 0(c) provides closed sessions of
the City Council may be conducted prior to the business portion of the
regular meeting and as noticed on the Agenda. Generally, the City
Council desires Closed Session to begin at 4:15 p.m. prior to the business
portion of the regular meeting, but the time scheduled will depend upon
the number of items to be considered and the complexity of the issues to
be discussed.
1.2 ADJOURNED MEETINGS:
Any meeting may be adjourned to a time, place, and date certain, but not
beyond the next regular meeting. Once adjourned, the meeting may not
be reconvened.
1.3 SPECIAL MEETINGS:
Special meetings may be called by the Mayor or majority of
Councilmembers on 24-hour notice, as set forth in Section 54956 of the
Government Code of the State of California and § 308 of the Charter of
the City of Palm Springs. Only matters contained in the notice may be
considered and no ordinances (other than urgency ordinances) may be
adopted.
1.4 STUDY SESSION:
Study sessions shall be held in conformity with Section 10.
1.5 NOTICE OF MEETINGS:
The Agenda for all regular, adjourned, and special meetings shall be
available to the general public and the City Clerk shall cause a copy
thereof to be posted at least 72 hours before a regular or adjourned
meeting or 24 hours before a special meeting on the exterior bulletin
board on the west wall of the City Council Chamber and posted on the
City's website. No other notice of regular meetings or regular study
sessions is required. Mailed or personally delivered notice to each
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Item 5D - 52
member of the City Council and to each local newspaper of general
circulation, radio, or television station requesting notice in writing, is
required of special meetings. Mailed notice in the manner required for
special meetings and posted notice at the place the meeting was held
within 24 hours of adjournment is required of meetings adjourned by the
City Clerk. Posted notice at the place the meeting was held within 24
hours of adjournment is required of all other adjourned meetings.
(Government Code Sections 54955 and 54956)
1.6 QUORUM:
A majority of the Council shall be sufficient to do business and motions
may generally be passed 2-1 if only 3 attend. Certain items as specified in
Section 7.2, however, require three or four affirmative votes to carry.
1.6.1 Legally Required Participation
If a majority of the Council shall be disqualified to vote on a
matter by reason of actual or apparent conflict of interest, the
Council shall select by lot or other means of random
selection, or by such other impartial and equitable means as
the Council shall determine, that number of its disqualified
members which, when added to the Councilmembers eligible
to vote, shall constitute a quorum. (Gov. Code§ 87101)
1.7 MEETINGS TO BE PUBLIC:
Study Sessions and all regular, adjourned or special meetings of the City
Council shall be open to the public (Gov. Code § 54953), provided, how-
ever, the Council may hold closed sessions from which the public may be
excluded for the consideration of those subjects specified in the Brown
Act, principally including, but not limited to:
1 . 7 .1 Personnel Matters:
To consider the appointment, employment, evaluation of
performance, or dismissal of a public employee, or to hear
complaints or charges brought against such employee by
another person or employee unless such employee requests
a public hearing. The term "employee" does not include
those elected to office or appointed to an office by a
legislative body, except that positions such as city manager,
city attorney, department head, or other similar
administrative officers shall be considered employees. The
Council may exclude from any such closed session during
the examination of a witness any or all other witnesses in the
matter being investigated. (Gov. Code§ 54957)
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Item 5D - 53
1 . 7 .2 Litigation Matters:
On the advice of legal counsel to discuss litigation when
discussion in open session would prejudice the City's
position. Litigation is considered pending when a formal
action is initiated or when legal counsel believes there is
significant exposure to litigation. A closed session may be
held to determine whether there is significant exposure to
litigation or when the City wishes to initiate litigation. (Gov.
Code 54956.9)
Legal counsel must submit to the Council a memorandum
stating the specific reasons and legal authority for the closed
session. If action has been filed, the memorandum must
include the title of the litigation. In all other cases, the
memorandum must include existing facts and circumstances
on which the pending litigation is based. The memorandum
should be submitted prior to the closed session if feasible,
but otherwise no later than one week after the closed
session. The memorandum is not a public record. (Gov.
Code § 54956.9)
1.7.3 Threat to Public Buildings. Services. and Facilities:
With law enforcement officials on matters posing a threat to
security of public buildings or a threat to the public's right to
access to public services or public facilities. However,
closed sessions may not be used to discuss normal and
usual police business. (Gov. Code § 54957)
1.7.4 Negotiations for Real Property:
With any negotiator the Council has employed to purchase,
sell, exchange, or lease real property. But prior to the closed
session, the legislative body must, in open session or by
agenda posting, identify the real property about which the
negotiations are concerned and the person or persons with
whom the negotiator may negotiate. (Gov. Code § 54956.8)
1.7.5 Employee Benefits:
With the local agency's designated representatives (e.g.
labor negotiator) regarding the salaries, salary schedules, or
compensation paid in the form of fringe benefits of its
represented and unrepresented employees, or to instruct the
representative. (Gov. Code§ 54957.6)
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Item 5D - 54
1.8 CLOSED SESSION PROCEDURES:
Prior to or after holding any closed session, the Council must state in open
session the general reason or reasons for holding the closed session, and
may cite the statutory authority or other legal authority under which the
session is being held. In the closed session, the Council may consider
only those matters covered in its statement. The statement may be made
as part of the notice and agenda provided for the meeting. (Gov. Code §
54957.7)
In the case of a closed session regarding the appointment, employment,
or dismissal of a public employee, after any closed session, the body must
publicly report at that same public meeting or the next public meeting the
action it has taken and any roll call vote thereon. (Gov. Code§ 54957.1)
2. ORDER OF BUSINESS
2.1 AGENDA:
The Order of Business of each meeting shall be as contained in the
Agenda prepared by the City Clerk, under the general direction of the City
Manager. The Agenda shall be a listing containing a brief general
description of each item of business to be transacted or discussed at the
meeting in the following order:
• Call to Order
• Pledge of Allegiance
• Roll Call
• Presentations
• Acceptance of the Agenda
• Report on Closed Session
• Public Testimony (Non-Public Hearing Agenda Items Only)
• City Council and City Manager Comments and Reports
• City Council Subcommittee Reports
• Consent Calendar
• Extended Consent Calendar
• Public Hearings
• Legislative Items
• Unfinished Business
• New Business
• Public Comments (Non-Agenda Items)
• Council member and City Manager
Requests and Upcoming Agenda Development
• Adjournment
Items may not be taken out of order, except with the majority consent of
the Council.
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Item 5D - 55
The City Clerk, under the general direction of the City Manager, shall
place other agency business (Public Financing Authority, Housing
Authority, etc.) in any manner for the efficient conduct of the meeting.
Invitees to lead the Pledge of Allegiance will be limited to the first regular
meeting of the month, and only if a school or youth group requests to lead
the Pledge and is for credit.
Presentations are limited to two (2) presentations and each presentation is
limited to three (3) minutes. Presentations generally should be limited to
City business, programs, facilities and/or departments and swearing in of
Public Officials. Generally, each Department is limited to one (1)
presentation every three (3) months, with the exception of special and
specific circumstances as determined by the City Manager.
2.1.1 Agenda Description:
The agenda must include a brief general description sufficient to inform
the public of the subject matter and nature of the proposed action for each
item of business to be transacted or discussed at the meeting. Limited
discussion of matters not listed on the agenda may be permitted under the
Councilmember Comments and Requests and Reports section of the
agenda but action may not be taken on such matters. See Sections 2.6
and 2.8 for further explanation of the discussion permitted on such
Reports and Requests.
2.1.2 No Action on Matters Not On Agenda: Exceptions.
No action shall be taken on any item not appearing on the
posted agenda except in the following circumstances (Gov.
Code§ 54954):
a) Upon a determination by a majority vote of the
Council that an emergency situation exists, as defined
in Government Code Section 54956.5;
b) Upon a determination by a two-thirds vote of the City
Council, or, if less than two-thirds of the
Councilmembers present, a unanimous vote of those
Councilmembers present, that the need to take action
arose subsequent to the agenda being posted; or
c) The item appeared on a posted agenda for a prior
Council meeting occurring not more than five calendar
days previously and at the prior meeting the item was
continued to the current meeting.
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Item 5D - 56
The facts to support the determinations in a) and b) above
shall be stated in the staff report, a supplemental staff report,
or the minutes of the meeting at which the action was taken.
2.2 DELIVERY OF AGENDA:
Barring insurmountable difficulties, the Agenda shall ordinarily be
delivered to Councilmembers each Friday preceding the Wednesday
meeting to which it pertains.
The Agenda shall also be available to the general public and the City
Clerk shall cause a copy thereof to be posted at least 72 hours before a
regular or adjourned meeting or 24 hours before a special meeting on the
exterior bulletin board on the west wall of the City Council Chamber and
the City's Website.
2.3 ROLL CALL:
Before proceeding with the business of the Council, the City Clerk shall
call the roll of the Councilmembers and the names of those present shall
be entered in the minutes. The order of roll call shall be alphabetical with
the Mayor called last.
2.4 APPROVAL OF MINUTES:
Unless requested by a majority of the City Council, minutes of the
previous meeting may be approved without public reading if the City Clerk
has previously furnished each Councilmember with a copy thereof.
2.5 PUBLIC HEARINGS:
Generally, public hearings, other than those of a quasi-judicial nature,
shall be conducted in the following order:
Staff Report
Initial Questions and Clarifications by the City Council
Hearing Opened:
Applicant (5-minute time limit)
Appellant (if different than the Applicant) (5-minute time limit)
Public Testimony (2-minute time limit)
Applicant Rebuttal (2-minute time limit)
Appellant Rebuttal (2-minute time limit)
Questions and Discussion by the City Council
Action by the City Council
Questions or comments from the public shall be limited to the subject
under consideration. Councilmember questions of the staff prior to the
opening of the public hearing and of the public prior to the close of the
public hearing should be factual and seek pertinent information;
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Item 5D - 57
Councilmember questions and comments should not be argumentative
and Councilmembers should not get into debates with staff or those
members of the public testifying at a public hearing. Councilmembers
should not express their opinions on an item prior to the close of the public
hearing, as Councilmembers should not form or express an opinion until
after all testimony has been received.
Quasi-judicial hearings shall be conducted in accordance with the
principles of due process, and the City Attorney shall advise the City
Council in this regard.
2.6 PUBLIC TESTIMONY AND PUBLIC COMMENTS:
During the Public Testimony portion of the meeting any person may
address the City Council only on those non-public hearing items on the
agenda. A limitation of two (2) minutes shall be imposed upon each
person so desiring to address the City Council during the Public
Testimony designation on the agenda. The public shall indicate on the
speaker request the Agenda item or items they wish to address during
Public Testimony.
Public Testimony for public hearings shall only be taken during the public
hearing.
During the Public Comments portion of the meeting any person may
address the Council on non-agenda items, except at special meetings
Public Comments shall be limited to matters appearing on the agenda. All
public comments shall be on matters within the jurisdiction of the City. A
limitation of 2 minutes shall be imposed upon each person so desiring to
address the Council during the Public Comments designation on the
agenda. (Gov. Code § 54954.3)
2.7 CONSENT CALENDAR:
Items of a routine nature, and non-controversial, shall be placed on the
consent calendar. All items may be approved by one blanket motion upon
unanimous consent. Under "Approval of the Agenda" any Councilmember
may request that any item be withdrawn from the consent calendar for
separate consideration. However, any Councilmember may abstain or
vote "no" from voting on any consent calendar item without requesting its
removal from the consent calendar, and the City Clerk shall be instructed
to record such "no" votes or abstentions in the minutes.
2.8 PRESENTATION BY MEMBERS OF THE COUNCIL:
The Mayor or any Councilmember may bring before the Council any new
business under the Councilmember Comments and Requests or Reports
portion of the Agenda. Limited discussion of such requests may be
permitted as necessary to find out what action staff is taking with respect
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Item 5D - 58
to the matter, or to determine if the matter should be placed on a future
Council agenda for discussion and action, if appropriate. No action may
be taken on such matters until a subsequent meeting, except upon
compliance with the provisions of Section 2.1.1.
2.8.1 Conflict of Interest:
If a Councilmember seeks to agendize a matter, and ii is
found prior to the matter being heard that such
Councilmember has, or may have, a conflict of interest such
that the Councilmember will abstain on the matter, the
matter shall not be heard until a Councilmember without a
real or potential conflict requests that the matter be heard.
The provisions of Municipal Code Chapter 2.05 and the
Palm Springs Zoning Ordinance apply concerning appeals,
and the time limitations prescribed therein.
2.9 TENTATIVELY SCHEDULED ADJOURNMENT TIME:
The tentatively scheduled adjournment time for all regular meetings and
study sessions shall be 11 :00 p.m. The City Council may continue the
meeting past the 11 :00 p.m. tentatively scheduled adjournment time, by a
majority vote of the City Council.
2.10 MEETING MANAGEMENT RULE:
At approximately 10:00 p.m., or during a reasonable break in the meeting,
the City Council shall: (a) determine the number of speakers who wish to
address the City Council during the final public comment (non-agenda
items) portion of the agenda and allow sufficient time for public comment;
(b) prioritize the remainder of the meeting business items; and (c)
determine which items can be reasonably heard by the 11 :00 p.m.
tentative adjournment time.
During the Meeting Management portion of the Agenda, if the City Council
chooses to continue any agenda item, the agenda item shall not be
subsequently discussed and/or voted on at that meeting.
3. PRESIDING OFFICER
3.1 PRESIDING OFFICER:
The Mayor shall be the Presiding Officer at all meetings of the City
Council. In the absence of the Mayor, the Mayor Pro Tern shall preside. In
the absence of both the Mayor or Mayor Pro Tern, the Council shall elect a
temporary presiding officer to serve until the arrival of the Mayor or Mayor
Pro Tern or until adjournment.
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Item 5D - 59
In accordance with the Palm Springs City Charter Section 302, at the first
regular City Council meeting following a general municipal election, in
which newly elected Councilmembers are sworn and seated, and at the
first regular City Council meeting following the anniversary of that date for
any year in which no general municipal election is held, the City Council
shall designate one of its members as Mayor Pro Tempore, who shall
serve in such capacity at the pleasure of the City Council. The Mayor Pro
Tempore shall perform the duties of the Mayor during any period of the
Mayor's absence or disability.
3.2 CALL TO ORDER:
The meeting of the Council shall be called to order by the Mayor or in his
absence by the Mayor Pro Tern. In the absence of both the Mayor and
the Mayor pro tern, the meeting shall be called to order by the City Clerk,
whereupon the City Clerk shall immediately call for the selection of a
temporary Presiding Officer.
3.3 PARTICIPATION OF PRESIDING OFFICER:
The Presiding Officer may move, second, and debate from the Chair,
subject only to such limitations of debate as are imposed on all
Councilmembers, and he/she shall not be deprived of any of the rights and
privileges of a Councilmember by reason of his acting as Presiding
Officer.
3.4 QUESTIONS TO BE STATED:
The Presiding Officer shall verbally restate each question immediately
prior to calling for the vote. Following the vole, the Presiding Officer shall
verbally announce whether the question carried, or was defeated. The
Presiding Officer shall also publicly state the effect of the vote for the
benefit of the audience before proceeding to the next item of business.
3.5 SIGNING OF DOCUMENTS:
The Mayor, or Mayor Pro Tern in the absence of the Mayor, shall have
authority to sign all ordinances, resolutions, contracts, deeds, easements,
licenses, covenants, and other documents on behalf of the City, but such
authority may be delegated lo the City Manager as provided in Section
2.08.020 of the Municipal Code, and Resolution 20271, as they may be
amended from time to time.
The City Clerk, or the Deputy City Clerk in the absence of the City Clerk,
shall attest to the signature of the Mayor or Mayor Pro Tern.
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Item 5D - 60
3.6 MAINTENANCE OF ORDER:
The Mayor or Presiding Officer is responsible for the maintenance of order
and decorum at all times. No person is allowed to speak who has not first
been recognized by the Chair. All questions and remarks shall be
addressed to the Chair.
4. RULES, DECORUM, AND ORDER
4.1 POINTS OF ORDER:
The Presiding Officer shall determine all Points of Order subject to the
right of any Councilmember to appeal to the Council. If any appeal is
taken, the question shall be, "Shall the decision of the Presiding Officer be
sustained?" in which event a majority vote shall govern and conclusively
determine such question of order.
4.2 DECORUM AND ORDER -COUNCILMEMBERS:
a) Any Councilmember desiring to speak shall address the Chair and
upon recognition by the Presiding Officer, shall confine himself to
the question under debate.
b) A Councilmember desiring to question the Staff shall address his
question to the City Manager or City Attorney in appropriate cases,
who shall be entitled either to answer the inquiry himself, or to
designate some member of his staff for that purpose.
c) A Councilmember, once recognized, shall not be interrupted while
speaking unless called to order by the Presiding Officer; unless a
Point of Order is raised by another Councilmember; or unless the
speaker chooses to yield to questions from another
Councilmember.
d) Any Councilmember called to order while he is speaking, shall
cease speaking immediately until the question of order is
determined. If ruled to be in order, he shall be permitted to proceed.
If ruled to be not in order, he shall remain silent or shall alter his
remarks so as to comply with rules of the Council.
e) Councilmembers shall accord the utmost courtesy to each other, to
City Employees and to the public appearing before the Council and
shall refrain at all times from rude and derogatory remarks,
reflections as to integrity, abusive comments, and statements as to
motives and personalities.
f) Any Councilmember may move to require the Presiding Officer to
enforce the rules and the affirmative vote of a majority of the
Council shall require him to so act.
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Item 5D - 61
4.3 DECORUM AND ORDER -EMPLOYEES:
Members of the Administrative Staff and employees of the City shall
observe the same rules of procedure and decorum applicable to members
of the Council. The City Manager shall insure that all City Employees
observe such decorum. Any staff member, including the City Manager,
desiring to address the City Council or members of the public shall first be
recognized by the Chair. All remarks shall be addressed to the Chair and
not to any one individual Councilmember or member of the public.
4.4 DECORUM AND ORDER -PUBLIC:
Members of the public attending Council meetings shall observe the same
rules of order and decorum applicable to the Council. Any person wishing
to address the Council shall, before speaking, announce his/her actual
name. Any person while addressing the Council making obscene,
slanderous, impertinent, profane, or similarly offensive and disruptive
remarks, or who engages in loud, boisterous, or other disorderly conduct,
which disrupts, disturbs, or otherwise impedes the orderly conduct of the
public meeting; and any person, while attending the Council meeting,
making unauthorized remarks from the audience, or stamping their feet,
whistling, yelling, or making similar demonstrations which disrupts,
disturbs, or otherwise impedes the orderly conduct of the public meeting,
shall, at the discretion of the Presiding Officer, or a majority of the Council,
be provided warning notice and maybe subsequently barred from further
audience before the Council during that meeting and/or be removed from
the room by the sergeant-of-arms. Aggravated cases shall be prosecuted
on an appropriate complaint signed by the Presiding Officer.
4.5 ENFORCEMENT OF DECORUM:
The Chief of Police shall be ex-officio sergeant-of-arms of the Council.
The Chief shall carry out all orders and instructions given by the Presiding
Officer for the purpose of maintaining order and decorum in the Council
Chamber. Upon instructions from the Presiding Officer, it shall be the duty
of the Chief of Police or his representative to eject any person from the
Council Chamber or place him under arrest or both.
As set forth in Government Code Section 54957.9, in the event that any
meeting is willfully interrupted by a group or groups of persons so as to
render the orderly conduct of such meeting unfeasible, and order cannot
be restored by the removal of individuals who are willfully interrupting the
meeting, the members of the Council may order the meeting room cleared
and continue in session. Only matters appearing on the agenda may be
considered in such a session. Duly accredited representatives of the press
or other news media, except those participating in the disturbance, shall
be allowed to attend any session held pursuant to this section. Nothing in
this section shall prohibit the Council from establishing a procedure for
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Item 5D - 62
readmitting an individual or individuals not responsible for willfully
disturbing the orderly conduct of the meeting.
4.6 PERSONAL PRIVILEGE:
The right of a member to address the Council on a question of personal
privilege shall be limited to cases in which his integrity, character, or
motives, are assailed, questioned or impugned.
4.7 CONFLICT OF INTEREST:
All Councilmembers are subject to the provisions of California Law, such
as Chapter 7, Title 9, of the California Government Code, relative to
conflicts of interest, and to Conflict of Interest Codes adopted by resolution
of the Council. Any Councilmember prevented from voting because of a
conflict of interest, shall refrain from debate and voting. Such
Councilmember shall leave City Council Chamber during debate and
voting on the issue, but shall be free to address the Council as a private
citizen on the matter.
4.8 LIMITATION OF DEBATE:
As a matter of preferred protocol and courtesy to fellow members of the
Council, no Councilmember normally should speak more than once upon
any one subject until every other Councilmember choosing to speak
thereon has spoken and no Councilmember should speak for an
excessive length of time each time he has the floor, without the approval
of the Council.
4.9 DISSENTS AND PROTESTS:
Any Councilmember shall have the right to express dissent from or protest
to any action of the Council and have the reason entered in the minutes.
If such dissent or protest is desired to be entered in the minutes, this
should be made clear by language such as "I would like the minutes to
show that I am opposed to this action for the following reasons ... "
4.10 RULINGS OF CHAIR FINAL UNLESS OVERRULED:
In presiding over City Council meetings, the Mayor, Mayor Pro Tern, or
temporary Presiding Officer shall decide all questions of interpretation of
these rules, points of order or other questions of procedure, requiring
rulings. Any such decision or ruling shall be final unless overridden or
suspended by a majority vote of the Councilmembers present and voting,
and shall be binding and legally effective (even though clearly erroneous)
for purpose of the matter under consideration.
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5. ADDRESSING THE CITY COUNCIL
5.1 MANNER OF ADDRESSING THE COUNCIL:
Speaker cards shall be available at the meeting, and persons desiring to
address the Council shall be requested to complete a card and give it to
the City Clerk PRIOR to the hearing of the item, or the beginning of the
public testimony and public comment period. The City Clerk shall provide
all speaker cards to the presiding officer or input the same into the
meeting management system, who shall call each person to the
microphone. The person recognized by the presiding officer shall proceed
to the podium.
All remarks and questions shall be addressed to the Chair and not to any
individual Councilmember, staff member or other person. During a public
hearing, all remarks shall be limited to the subject under consideration.
No person shall enter into any discussion without being recognized by the
Presiding Officer.
5.2 TIME LIMITATION:
Unless further time has been granted by the Presiding Officer as provided
in Sections 2.5 or 5.4, any member of the public desiring to address the
Council shall limit his remarks as follows: (See 2.6) (Gov. Code§ 54954.3)
a) Two (2) minutes during public hearings;
b) Two (2) minutes during the public testimony and public
comment period.
5.3 ADDRESSING THE COUNCIL AFTER MOTION IS MADE:
After a motion has been made, or after a public hearing has been closed,
no person shall address the Council without first securing permission by a
majority vote of the Council.
5.4 LIMITATIONS REGARDING PUBLIC COMMENTS AND REPORTS:
The making of oral communications to the Council by any member of the
public during the Public Testimony and Public Comments portions of the
agenda shall be subject to the following limitations:
5.4.1 At any time, before or after the oral communication is commenced,
the Presiding Officer may if he deems it preferable, direct that the
communication be made instead either to the City Manager or other
appropriate staff member during regular business hours, or in
writing for subsequent submittal to Councilmembers, pursuant to
Section 5.5.
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5.4.2 Except in the case of public hearings (see Section 2.5) if it appears
that several speakers desire to speak regarding a single topic, the
Presiding Officer may reasonably limit the number speaking as to
each side of an issue. In this regard, preference may be given to
speakers who represent groups of persons who have designated a
spokesperson.
5.4.3 No oral communication shall be allowed to include charges or
complaints against any employee of the City, regardless of whether
such employee is identified in the presentation by name or by any
other reference which tends to identify him/her. All charges or
complaints against employees shall be submitted to the City
Manager for appropriate action, and may also be submitted to
members of the Council by written communication.
5.5 WRITTEN CORRESPONDENCE:
The City Manager is authorized to receive and open all mail addressed to
the Council as a whole and give it immediate attention to the end that all
administrative business referred to in said communications, and not
necessarily requiring Council action, may be disposed of between Council
meetings. A copy of such communication shall be sent to each
Councilmember marked "Information Only."
Any communication relating to a matter pending, or to be brought, before
the City Council, shall be included in the agenda packet for the meeting at
which such item is to be considered. Letters of appeal from administrative
or commission decisions shall be processed under applicable provisions
of the Municipal Code, or other ordinances.
Copies of all other communications sent to the Council will be transmitted
to them. Any matter requiring Council action shall be placed on a meeting
agenda for Council action.
5.6 PERSONS AUTHORIZED TO BE WITHIN PLATFORM:
No person except City officials shall be permitted within the platform area
in front of the Council dias without the invitation or consent of the
Presiding Officer.
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6. MOTIONS
6.1 PROCESSING OF MOTIONS:
When a motion is made and seconded, it shall be stated by the Presiding
Officer before debate. A Motion so stated shall not be withdrawn by the
mover without the consent of person seconding it.
6.2 MOTIONS OUT OF ORDER:
The Presiding Officer may at any time, by majority consent of the Council,
permit a Councilmember to introduce an ordinance, resolution, or motion,
out of the regular Agenda order.
6.3 DIVISION OF QUESTION:
If the question contains two or more divisible propositions, the Presiding
Officer may, and upon request of a Councilmember shall (unless
appealed), divide the same.
6.4 PRECEDENCE OF MOTIONS:
When a motion is before the Council, no motion shall be entertained
except the following which shall have precedence in the following order:
a. Adjourn
b. Fix Hour of Adjournment
C. Table
d. Limit or terminate discussion
e. Amend
f. Postpone
6.5 MOTION TO ADJOURN: (not debatable)
A motion to adjourn shall be in order at any time, except as follows:
a. When repeated without intervening business or discussion.
b. When made as an interruption of a Councilmember while
speaking,
c. When discussion has been ended, and vote on motion is
pending, and
d. While a vote is being taken.
A motion to adjourn "to another time" shall be debatable only as to the
time to which the meeting is adjourned.
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6.6 MOTION TO FIX HOUR OF ADJOURNMENT:
A motion to fix the hour of adjournment shall be to set a definite time at
which to adjourn and shall be undebatable and shall be unamendable
except by unanimous vote.
6.7 MOTION TO TABLE:
A motion to table shall be used to temporarily by-pass the subject. A
motion to table shall be undebatable and shall preclude all amendments or
debate of the subject under consideration. If the motion shall prevail, the
matter may be "taken from the table" at any time prior to the end of the
meeting. If not taken from the table the matter shall die but may be placed
on a future agenda as a new matter.
6.8 MOTION TO TERMINATE DISCUSSION OR CALL THE QUESTION:
Such a motion shall be used to limit or close debate on, or further
amendments to, the main motion and shall be undebatable. If the motion
fails, debate shall be reopened; if the motion passes, a vote shall be taken
on the main motion.
6.9 MOTION TO AMEND:
A motion to amend shall be debatable only as to amendment. A motion to
amend an amendment shall be in order, but a motion to amend an
amendment to an amendment shall not be in order. An amendment
modifying the intention of a motion shall be in order, but an amendment
relating to a different matter shall not be in order. A substitute motion on
the same subject shall be acceptable, and voted on before a vote on the
amendment. Amendments shall be voted first, then the main motion as
amended.
6.10 MOTION TO CONTINUE:
Motions to continue to a definite time shall be amendable and debatable
as to propriety of postponement and time set.
7 VOTING PROCEDURE
7.1 VOTING PROCEDURE:
In acting upon every motion, the vote shall be taken by voice or roll call or
any other method by which the vote of each Councilmember present can
be clearly ascertained. The vote on each motion shall then be entered in
full upon the record. The City Clerk shall vary the order of voting with the
Mayor voting last. The City Clerk shall call the names of all
Councilmembers seated when a roll call vote is ordered or required.
Councilmembers shall respond "aye," "no," or "abstain", provided that
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when a vote is collectively taken by voice or when a method of voting
other than by voice or roll call is used, any Councilmember not audibly and
clearly responding "no" or "abstain" or otherwise registering an objection
shall have his vote recorded as "aye."
7.2 VOTE REQUIRED:
Generally, items before the Council require a majority of a quorum of
affirmative votes in order to carry. Certain motions, when specified in
state law, require a majority of the membership of the Council, or a
supermajority of four affirmative votes. (Gov. Code § 36936). For
illustrative purposes only, these requirements are as follows:
a) Three (3) votes:
i) Ordinances;
ii) Resolutions and orders for the payment of money;
iii) Contracts involving payments by City over One
Hundred Thousand Dollars ($100,000).
b) Four (4) votes:
i) Motions to condemn property;
ii) Motions to overrule a majority protest to the formation
of an assessment district;
iii) Motions to add an item to the agenda;
iv) Urgency ordinances.
7.3 ROLL CALL VOTING:
Any question before the Council shall not require a roll call vote unless
demanded by any Councilmember. It shall not be in order for
Councilmembers to explain their vote during roll call. Any Councilmember
may change his vote before the next order of business.
7.4 FAILURE TO VOTE:
Every Councilmember should vote unless disqualified for cause. If a
Councilmember is required to vote despite a disqualifying conflict of
interest, in order to achieve a quorum, the Councilmember shall state the
reason which shall be recorded in the minutes.
When a vote is collectively taken by voice, any Councilmember not audibly
and clearly responding "no" or "abstain" shall have his or her vote
recorded as "aye."
7.5 RECONSIDERATION:
Except for votes regarding matters which are quasi-judicial in nature or
matters which require a noticed public hearing, the Council may
reconsider any vote taken either at the same meeting or at a subsequent
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Item 5D - 68
meeting provided that there has not been detrimental reliance on the prior
decision by a person affected thereby or that an action has been taken as
a part of the earlier decision which would be impossible to undo. The
motion to reconsider must be made by a Councilmember who voted on
the prevailing side, must be seconded and requires a majority vote of the
quorum for passage, regardless of the vote required to adopt the motion
being reconsidered. If the motion to reconsider is successful, the matter
to be reconsidered takes no special preference over other pending
matters and any special voting requirements related thereto still apply.
Except pursuant to a motion to reconsider, once a matter has been
determined and voted upon, the same matter cannot be brought up again.
7.6 MOTION TO RESCIND:
Any Councilmember, regardless of how he voted on the item originally,
may move to rescind an action taken at a previous meeting in order to
strike out an entire motion, resolution, rule, bylaw, section, or paragraph
that has been adopted except in the following circumstances:
a) When there has been detrimental reliance on the original decision
by a party affected thereby;
b) When something has been done, as a result of the original
decision, which it would be impossible to undo;
c) When the item is in the nature of a contract and the other party to
the contract has been informed of the vote and has taken action in
reliance thereon which cannot be undone.
After a motion to rescind has once been acted upon, no other motion to
rescind shall be made without unanimous consent of the Council.
7.7 TIE VOTES:
Tie votes shall be lost motions. When all Councilmembers are present, a
tie vote on whether to grant an appeal from official action shall be
considered a denial of such appeal, unless the Council takes other action
to further consider the matter. If a tie vote on any matter results at a time
when less than all members of the Council are present, the matter shall
automatically be continued to the agenda of the next regular meeting of
the Council, unless otherwise ordered by the Council.
8. RESOLUTIONS
8.1 DEFINITIONS:
As a rule of thumb, it can be said that legislative acts of the City Council
(usually a rule of public conduct for long-term application) are taken by
ordinance, whereas more routine business and administrative matters
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(usually more temporary and transitory in nature) are accomplished by
"resolutions." The term "resolution" in its general sense will denote any
action taken affirmatively via a vote of the Council, other than one taken
by ordinance. As used in this City, however, other terms are in general
use to denote such (non-ordinance) actions: "resolution," and "motion"
(thereafter recorded by minute entry). Technically, all are equally as
legally effective and binding; they vary only in the formality of respective
memorialization. The most formal is referred to as a "resolution." This, in
addition to being referenced in the minutes, will be recorded by separate
document, numbered in sequence and preserved in a separate set of
books. Such "resolutions" are used for various reasons, such as when
specifically required by law, when needed as a separate evidentiary
document to be transmitted to another governmental agency, or where the
frequency of future reference back to its contents warrants a separate
document (with the additional "whereas" explanatory material it often
recites) to facilitate such future reference and research.
The "motion" (assuming it was one which passed) is a Council action
which is recorded simply by an item entry in the minutes of the meeting at
which it was accomplished, and no separate document is made to
memorialize it.
8.2 RESOLUTIONS PREPARED IN ADVANCE:
Where a resolution has been prepared in advance, the procedure shall be:
motion, second, discussion, vote pursuant to methods prescribed in
Section 7.1, and the result declared. It shall not be necessary to read a
resolution in full or by title except to identify it.
8.3 RESOLUTIONS NOT PREPARED IN ADVANCE:
Where a resolution has not been prepared in advance, the procedure shall
be to instruct the City Manager or the City Attorney to prepare a resolution
for presentation at the next Council meeting.
8.4 URGENCY RESOLUTIONS:
In matters of urgency, a resolution may be presented verbally in motion
form together with instructions for written preparation for later execution.
After the resolution has been verbally stated, the voting procedure in 8.2
above shall be followed.
Urgency resolutions shall be avoided except when absolutely necessary;
and shall be avoided entirely when resolutions are required by law, such
as in improvement acts, zoning matters, or force account work on public
projects.
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9. ORDINANCES
9.1 INTRODUCTION AND ADOPTION OF ORDINANCES:
Ordinances shall not be passed within five days of their introduction, nor at
other than a regular meeting or at an adjourned regular meeting.
However, an urgency ordinance may be passed immediately upon
introduction and either at a regular or special meeting. Except when, after
reading the title, further reading is waived by regular motion adopted by a
majority vote of the Councilmembers present, all ordinances shall be read
in full either at the time of introduction, or passage. When ordinances,
other than urgency ordinances, are altered after introduction, they shall be
passed only at a regular or at an adjourned regular meeting held at least
five days after alteration. Corrections of typographical or clerical errors are
not alterations within the meaning of this section.
9.2 EFFECTIVE DATE:
All ordinances, except as provided in Section 36937 of the Government
Code, shall take effect 30 days after adoption, but may be made operative
at such later date as may be designated in the ordinance.
9.3 PUBLISHING:
It shall be the duty of the City Clerk to publish all ordinances in
accordance with Section 36933 of the Government Code and the Charter
of the City of Palm Springs within 15 days after adoption.
9.4 URGENCY ORDINANCES:
All urgency ordinances must receive four (4) affirmative votes to be
adopted and to become effective immediately. If such an ordinance fails
to receive a 4/5 majority, it may thereafter be considered and passed in
the same manner as regular ordinances.
10. STUDY SESSIONS
10.1 SCHEDULE OF STUDY SESSIONS:
The City Council shall meet in regular Study Session at those times
specified by resolution of the Council. The Study Session may include a
closed session.
10.2 PURPOSE:
A quorum of Councilmembers is required in order to hold a study session.
A study session of the Council shall be subject to the procedures and
limitations set forth in this Article, but shall be treated as a regular Council
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Item 5D - 71
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meeting under the Ralph M. Brown Act (Gov. Code § 54950 et seq.), the
provisions of which shall apply with full force and effect to study sessions.
Study sessions are held for the following purposes:
a) Reviewing the agenda for the upcoming Council meeting;
b) Discussing matters to determine whether they should be on
future Council agendas;
c) Discussing matters preparatory to placing them on a future
Council agenda so that staff will know what information the
Council wishes analyzed or included in the staff report;
d) Deciding matters of an emergency nature which cannot be
held to a future Council meeting;
e) Meeting and conferring with City commissions, civic
organizations and City officials relative to pending City
business; and
f) Conducting minor cleanup, administrative, housekeeping,
and ministerial activities of limited consequence such as
responding to correspondence, arranging for substitute
attendance of Councilmembers and staff at meetings,
arranging to meet with boards, bodies, commissions, and
others, and similar matters.
Normally, no action will be taken on study session topics. In the event any
action is taken, for example as permitted in subsection (d) above, the
matter shall be placed on the consent calendar at the next available
Council agenda for ratification, and the matter shall be ratified, unless the
matter is removed from the consent calendar and a motion to rescind is
properly made, is in order, and is adopted in the manner provided herein.
10.3 OPEN TO THE PUBLIC:
Study Sessions shall at all times be open to the public and the news
media (Gov. Code § 54953), except for closed sessions held for those
purposes specified in the Brown Act, as more fully discussed in Section
1.7 above.
10.4 CLOSED STUDY SESSION PROCEDURES
The procedures for Closed Study Session Agenda shall be in
conformance of Section 1.8.
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10.5 AGENDA:
The City Clerk under the general direction of the City Manager shall be
responsible for preparing an agenda of items for discussion at each study
session. Just as in the case of a regular City Council meeting, no action
may be taken at a study session on an item that is not included on the
agenda. For a full discussion of agenda requirements and exceptions see
Section 2 above.
11. STANDING COMMITTEES
11.1 FINANCE COMMITTEE:
There shall be a standing committee of the City Council known as the
Finance Committee, whose duties shall be those as prescribed in the
Palm Springs, Municipal Code or as otherwise assigned by the City
Council. The Committee shall consist of two members, one of whom shall
be the Mayor who shall also serve as its Chairman and the other shall be
a Councilmember appointed by the City Council.
12. SUBCOMMITTEE REPORTS
12.1 During the City Council Subcommittee Reports, the City Council
Subcommittees may provide a verbal report to the City Council or may
submit a written report for consideration by the City Council. City Council
Subcommittees shall meet and report out at least once each quarter.
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