HomeMy WebLinkAbout24992PALM SPRINGS CITY COUNCIL
RULES OF PROCEDURE
Adopted by Resolution No. 24992
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
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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
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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
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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
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• 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)
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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)
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
City Council Rules of Procedure Resolution No. 24992
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.
City Council Rules of Procedure Resolution No. 24992
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.
City Council Rules of Procedure Resolution No. 24992
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.
City Council Rules of Procedure Resolution No. 24992
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.”
City Council Rules of Procedure Resolution No. 24992
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.
City Council Rules of Procedure Resolution No. 24992
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.
City Council Rules of Procedure Resolution No. 24992
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.
City Council Rules of Procedure Resolution No. 24992
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.