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F°"` CITY COUNCIL STAFF REPORT
DATE: JULY 6, 2015 UNFINISHED BUSINESS
SUBJECT: PROPOSED RESOLUTION MODIFYING THE CITY COUNCIL RULES
OF PROCEDURE AND CONDUCT OF CITY COUNCIL MEETINGS
FROM: David H. Ready, City Manager
BY: Chief of Staff/City Clerk
SUMMARY
The City Council will consider the recommendation by the City Council Subcommittee
(Councilmembers Kors and Roberts) regarding modifications to the City Council Rules
of Procedure and the conduct of City Council meetings.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, ADOPTING CITY COUNCIL RULES OF
PROCEDURE AND SUPERSEDING RESOLUTION NO. 21201."
STAFF ANALYSIS:
At the meeting of June 1, 2016, the City Council discussed the Council Subcommittee
recommended modifications to the City Council Rules of Procedure and the conduct of
City Council meetings.The June 1, 2016, Subcommittee Recommendations Staff Report
is attached for reference.
Generally, the Council reached consensus on the scope of the modifications and
directed Staff to modify the City Council Rules of Procedure for adoption.
Staff has attached a "red-line" version of the proposed amendments to the Rules of
Procedure as discussed by the City Council. The modifications are summarized below,
and the reasoning for each of the modifications is outlined in the report of June 1, 2016,
as discussed and amended by the Council.
• The order of business was modified to immediately start the conduct of the
City's business.
ITEM NO.
City Council Staff Report
July 6, 2016— Page 2
Rules of Procedure
• The pledge of allegiance provides for invited guests at the first meeting of the
month, the invocation was eliminated, and presentations are limited to two (2)
per meeting at a maximum of three (3) minutes each and should relate to City
business, departments, facilities or swearing-in of public officials.
• Public Testimony is limited to two minutes and restricted to items on the
agenda, followed by the City Council vote on Consent Calendar Items.
• Public Hearings have been modified to limit the applicant and/or appellant to
five (5) minutes, followed by public testimony of two (2) minutes.
• An additional public comment period has been added for non-agenda items
limited to two (2) minutes.
• City Council Subcommittee Reports and Councilmember Requests and
Comments have been moved to the end of the meeting, provides the
Subcommittee may submit a written report, and recommends each
Subcommittee meet and provide a report at least one each quarter.
• The tentative adjournment time has been modified to 11:00 p.m. and a
meeting management rule has been added that requires the City Council at a
breaking point — approximately 10:00 p.m. — to determine how much time is
needed for the final public comment period and to prioritize the remaining
agenda items, making a determination of which items can be reasonably
heard by 11:00 p.m.
The proposed resolution also directs the City Clerk to make amendments to all forms
and notices and directs the City Clerk to further provide the opportunity for the
submission of written public testimony and public comment.
FISCAL IMPACT:
Minimal staff costs amending forms and public notice.
AMES THOMPSON DAVID H. READY
Chief of Staff/City Clerk City Manager
Attachments:
June 1, 2016 Staff Report (w/o attachments)
Proposed Resolution
Rules of Procedure (red-line)
Rosenberg's Rules of Order
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c441FOIL Nt CITY COUNCIL STAFF REPORT
DATE: JUNE 1, 2016 NEW BUSINESS
SUBJECT: CITY COUNCIL AD HOC SUBCOMMITTEE REPORT REGARDING CITY
COUNCIL RULES OF PROCEDURE AND THE CONDUCT OF CITY
COUNCIL MEETINGS.
FROM: David H. Ready, City Manager
BY: City Clerk
SUMMARY
The City Council will consider recommendations by the City Council Subcommittee
(Councilmember Kors and Councilmember Roberts) regarding modifications to the City
Council Rules of Procedure and the conduct of City Council meetings.
RECOMMENDATION:
Direct Staff to modify the City Council Rules of Procedures for adoption by the City
Council.
STAFF ANALYSIS:
In 2005, the City Council adopted Resolution No. 21201 adopting Rules of Procedure
for the conduct of the City Council meetings. At that time the review and analysis was
requested due to concerns from the public and the City Council regarding the late
adjournment time of the City Council meetings.
On May 4, 2016 the City Council appointed an ad hoc City Council Subcommittee
(Councilmember Kors and Councilmember Roberts) to further study the current
procedures and make recommendations to the City Council.
The City Council Subcommittee is suggesting the City Council re-evaluate the current
order of business while allowing thorough and meaningful discussion and public input,
provide tools for effective meeting management, and accomplish such without violating
the Brown Act or due process principles.
ITEM NO.
03
City Council Staff Report
June 1, 2016-- Page 2
Rules of Procedure
The order of business would be modified as follows:
CURRENT ORDER OF BUSINESS: SUBCOMMITTEE RECOMMENDATIONS:
Call to Order Call to Order
Pledge of Allegiance Pledge of Allegiance
Invocation
Roll Call Roll Call
Presentations City Manager's Report
Report of Closed Session Report of Closed Session
Acceptance of the Agenda Acceptance of the Agenda
Public Hearings Public Hearings
Applicant(10 Minutes) Applicant(5 Minutes)
Appellant(10 Minutes) Appellant(5 Minutes)
Public Testimony(3 Minutes each) Public Testimony(2 Minutes each)
Applicant Rebuttal(2 Minutes) Applicant Rebuttal(2 Minutes)
Appellant Rebuttal(2 Minutes) Appellant Rebuttal (2 Minutes)
Public Comment Public Testimony (Agenda Items Only)
(3 Minutes each speaker) (2 Minutes each speaker)
City Council Sub-Committee Reports
Councilmember Comments
City Manager's Report
Consent Calendar Consent Calendar
Excluded Consent Calendar Excluded Consent Calendar
Legislative Legislative
Unfinished Business Unfinished Business
New Business New Business
Councilmember Comments Public Comment(Non-Agenda Items)
(2 Minutes each speaker)
City Council Subcommittee Reports
Councilmember Requests/Announcements
Adjournment Adjournment
The proposed changes are detailed as follows:
The beginning of the meeting to be streamlined to immediately start the conduct of the
City's business. To accomplish this, many of the non-business items would be moved to
04
City Council Staff Report
June 1,2016--Page 3
Rules of Procedure
the end of the business meeting, providing an opportunity for any critical items or
questions by the City Council, to be addressed in the City Manager's Report at the
beginning of the meeting. Invitees would no longer be performing the Pledge of
Allegiance.
An additional public comment period would be added to provide another opportunity for
public comments as follows:
Any person wishing to address the City Council will still have the opportunity to
provide testimony for each public hearing.
After public hearings, the members of the public may address the City Council on
items only on the agenda, this item will be titled, Public Testimony Agenda Items
Only.
After the business items contained on the agenda, the public will be provided one
additional opportunity for public comment for non-agenda items.
Each public speaking time would be slightly reduced, but overall the public would have
more time at each meeting to provide public input. While, the overall public speaking
time is increased, the proposed changes should better organize the time for public
speakers and in-turn provide for better meeting management -- by organizing the public
testimony on agenda items up-front, and the public comment period on non-agenda
items after the business items, will help ensure the City Council hears from those who
wish to provide input on the items the City Council will be discussing and/or voting on —
are heard before the City Council discusses or votes on the item.
While the proposed format provides additional opportunities for public input, the
Councilmember comments have been consolidated and reduced.
Additionally, on the printed agendas, Staff will develop a statement to encourage the
submission of written public testimony before the meeting, along with detailing the
options for submitted written testimony. For the online agenda staff will develop links to
provide a more seamless opportunity to submit written testimony on agenda and non-
agenda items.
The Mayor, as the preceding officer will have the responsibility to enforce the public
testimony and public comment portions of the meeting. Additionally, the Mayor shall
announce the rules and provide instructions such as: if you agree with the speaker
before you, you can just indicate such rather than repetitive public comment, or if a
group is speaking on a specific item, select one or more persons to speak and
acknowledge the supporting group to stand to indicate support.
By rule, the City Council would set an adjournment time of 11:00 p.m. An additional
Meeting Management rule is recommended that requires at approximately 10:00 p.m.,
the City Council prioritize the remainder of the meeting items, determine which items
05
City Council Staff Report
June 1,2016—Page 4
Rules of Procedure
can be reasonably heard by 11:00 p.m., and provide time for the public comment
period.
The Mayor will have the responsibility to announce and enforce the rule that all speaker
slips be submitted prior to the City Council hearing the item, and cut-off the submission
of further requests to speak after the 10:00 p.m. Meeting Management period.
The Subcommittee also requests a provision that City Council subcommittees meet and
report out at least once each quarter, to provide an additional tool for the management
of City Council subcommittees.
FISCAL IMPACT:
None at this time.
ES THOMPSON DAVID H. READY
hief of Staff/City Clerk City Manager
Attachments:
February 9, 2005 Staff Report
Resolution No. 21201 Adopting Rules of Procedure
Rules of Procedure Handbook
06
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING CITY
COUNCIL RULES OF PROCEDURE, AND SUPERSEDING
RESOLUTION NO. 21201.
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. 21021, previously
adopting Rules of Procedure.
SECTION 3. The City Clerk is authorized and directed to modify speaker request
cards and other meeting management materials, and include public notice on the
agenda to further encourage written public testimony.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 6T" DAY OF JULY, 2106.
DAVID H. READY, CITY MANAGER
ATTEST:
JAMES THOMPSON, CITY CLERK
IN
Resolution No,
Page 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, 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 July 6, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAMES THOMPSON, CITY CLERK
City of Palm Springs, California
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CITY COUNCIL RULES OF PROCEDURE
Adopted by Resolution No. 21"1
(FebFwaFy 9, 2005July 6, 2016)
TABLE OF CONTENTS
1. MEETINGS
1.1 Regular Meetings................................................................ 2
1.2 Adjourned Meetings........................................................................ 2
1.3 Special Meetings............................................................................. 2
1.4 Study Sessions............................................................................... 2
1.5 Notice of Meetings.......................................................................... 2
1.6 Quorum........................................................................................... 3
1.7 Meetings to be Public...................................................................... 3
1.8 Closed Session Procedures............................................................ 4
2. ORDER OF BUSINESS
2.1 Agenda............................................................................................ 5
2.2 Delivery of Agenda.......................................................................... 6
2.3 Roll Call........................................................................................... 6
2.4 Approval of Minutes........................................................................ 7
2.5 Public Hearings............................................................................... 7
2.6 Public Comments............................................................................ 7
2.7 Consent Calendar................................. ........................... ... 8
2.8 Presentation by Members of the Council........................................ 8
2.9 Tentatively Scheduled Adjournment Time................................. 8
2.10 Meeting Management Rule ...... ............... ............................. 8
3. PRESIDING OFFICER
3.1 Presiding Officer.............................................................................. 9
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..................................................................... 10
4. RULES, DECORUM, AND ORDER
4.1 Points of Order................................................................................ 10
4.2 Decorum and Order - Councilmembers.......................................... 10
4.3 Decorum and Order - Employees................................................... 11
4.4 Decorum and Order - Public........................................................... 11
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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
4.10 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
6.10 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
ii 10
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......................................................................................... 21
10.3 Open to the Public......................................................................... 21
10.4 Closed Study Session Procedures................................................ 22
10.5 Agenda.......................................................................................... 22
11. STANDING COMMITTEES
11.1 Finance Committee........................................................................ 22
12. SUBCOMMITTEE REPORTS ............... .................. ......... 22
11
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PURPOSE, EFFECT, AND AUTHORITY:
In the absence of a rule herein to govern a point or procedure or the making of a
motion, s Rosenberg's Rules of Order,Newly Revised.�. 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 R..ohph'� 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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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 § 2.04.010(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
member of the City Council and to each local newspaper of general
-- 2 -- 13
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)
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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)
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) 15
-- 4 --
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)
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. in the Ga a Of G eGial
adjouFned, and WR ^ ed Meefin he statement shall-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
-- 5 -- 16
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
Invonafinn
Roll Call
Presentations
City Manager's Report
Appreval-Acceptance of the Agenda
Report of Closed Session
Public Testimony (Non-Public Hearing Agenda Items Only)
Consent Calendar
Public Hearings
o IDr COMFReR
Excluded Consent Calendar
Legislative Items
Unfinished Business
New Business
Public Comments (Non-Agenda Items)
City Council Subcommittee Reports
Councilmember Comments, Requests and Reports
Adjournment
Items may not be taken out of order, except with the majority consent of
the Council.
The City Clerk, under the general direction of the City Manager, shall
place other agency business (G9MMUR ty RedevelepmeRt Age 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.
- s - 17
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 r^ nGilmemlbe (; t
and Reports sections 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 items.
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.
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.
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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.
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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 (T05-minute time limit)
Appellant (if different than the Applicant) (4G5-minute time limit)
Public Testimony (32-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;
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.
DepeRdiRg upon the eXteRt Gf the agenda, and the RUmbeF of persons
desiring to speak on aR issue, the MaYOF Fnay, at the beginR ng of the
he I + tec+'mGRy, but an no event less +h- 1 FRiRutes per individ, I
r
Any nercen m1 speak F I � Y h F time, upon approval F the
J
City CG .l .,he +h'c de e.i SUGh h
eGases
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 maV
address the City Council only on those non-public hearing items on the
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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 aRy _ h eo+ eta.,.. to City b th
listed OR the agenda or Re 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 4-2 minutes shall be imposed upon each person so desiring to
address the Council during the Public Comments designation on the
agenda. (Gov. Code § 5495443)
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
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 it 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 Seetien
9410 efthe Palm Springs Zoning Ordinance apply
-- 10 -- 21
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 be1800 11:00 p.m. The City Council may continue
the meeting past thea9a90 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 .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.
22
I
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 Tem shall preside. In
the absence of both the Mayor or Mayor Pro Tem, the Council shall elect a
temporary presiding officer to serve until the arrival of the Mayor or Mayor
Pro Tem or until adjournment.
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 Tem. In the absence of both the Mayor and
the Mayor pro tem, 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 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
benefit of the audience before proceeding to the next item of business.
3.5 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
-- 12 -- 23
authority may be delegated to 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 Tem.
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,
-- 13 -- 24
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.
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, address and Gity Of re5ideRGe, obUt SUGh addFesS Reed Trotbe
diselesed pUbliGly Of to de so would violate the pFivacy iRterests ef the
speaker. 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
-- 14 -- 25
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
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
-- 15 --
z6
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.
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 give
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.
Persons who have not completed a speaker card shall identify themselves
to the City Clerk as wishing to speak PRIOR to hearing the Item or prior to
the beginning of the public testimony and public comment period. Those
persons shall be heard after the presiding officer has called upon all
speakers who submitted a speaker card. Such persons shall state their
name and address for the record.
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) Three (32) minutes during public hearings;
b) Three (32) 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:
-- 1s - 27
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.
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.
5.4.5 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 table 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.
-- 1 s -- 29
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
when a vote is collectively taken by voice or when a method of voting
-- 20 -- 30
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
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
-- 21 -- 31
a part of the earlier decision which would be impossible to undo. The
motion to reconsider must be made by a Council4Amember 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
(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
-- 22 --
32
by ordinance. As used in this City, however, three other terms are in
general use to denote such (non-ordinance) actions: "resolution," "m,;nute
order," and "motion" (thereafter recorded by minute entry). Technically, all
three 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.
ate set of books, uRder a system of sequential numbering, and s-
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.
-- 23 -- 33
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. Study Sessions -hall „`ld , the
City Hall C961ROil Chamber. The Study Session shall-may include a closed
session.
34
-- 24 --
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
meeting under the Ralph M. Brown Act (Gov. Code § 54950 et seg.), 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.
-- 25 --
35
10.4 CLOSED STUDY SESSION PROCEDURES
The procedures for Closed Study Session Agenda shall be in
conformance of Section 1.8.
autherity eF other legal authWity undeF whiGh the session is beiRg held. IR
the nlosed session, the ! I el GOnsider I7 these matters GeveFed
in the rase of a Glesed session FegaFdiR9 the appointment, employment,
pUbliGly FepeFt at that same publiG meeting 9F the ne)d publir. meeting the
a0t"OR it has taken and aRy rail Gall vote theFeen. (Gey. Code § 54 957.1)
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.
-- 2s -- 36
Jay Thompson
From: Desert Stonewall Democrats <desert.stonewall@gmail.com>
Sent: Wednesday,July 06, 2016 1:53 PM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors;JR Roberts;Jay Thompson
Cc: Jennifer Nelson; Citymanager - Mail Login
Subject: Ordinances on tonight's agenda (7/6/2016)
Expires: Monday,January 02, 2017 12:00 AM
Dear City Council Members and Mayor,
We are writing to express our support of various ordinances that will be before you at this evening's City
Council meeting, July 6, 2016.
At a General Meeting of the Desert Stonewall Democrats ("DSD"), the membership voted to support the
nondiscrimination/equal benefits in contracting and the all gender single bathroom ordinances that you will
consider this evening. We strongly urge you to support and vote in favor of both measures.
The Steering Committee of the DSD voted at their meeting last night to support the draft ordinance on gun
safety. We strongly urge you to support and vote in favor of the ordinance as drafted.
We also support the proposed change to City Council meetings that would eliminate the Invocation. Council
Members Foat, Kors and Roberts and Mayor Moon all stated when completing the DSD Candidate
Questionnaire that they did not support prayer by religious officials at government meetings and functions. We
trust that all will abide by this written commitment and vote in support of the proposed change.
Regards,
Steering Committee
Desert Stonewall Democrats
David Freedman
From: David Freedman <dfreedman2@dc.rr.com>
Sent: Wednesday, July 06, 2016 2:09 PM
To: 'Jay Thompson'
Cc: 'Richard Blackhurst'; 'judy@judydeertrack.com'; 'Linda Dixon'; 'Jim Harvey'; 'Jack Newby'
Subject: Vacation rental moratorium and City Council Rules of Procedure
Attachments: City of Palm Springs_City Council Subcommittees (online as of 07-05-16).pdf, City of
Palm Springs_City Council Subcommittees (online as of 07-05-16).pdf
Mr. Jay Thompson
City Clerk
City of Palm Springs
Dear Mr. Thompson,
Would you please place my comments below and their attachments on the legislative record for items 3D and 4B tonight?
Given the large number of speakers expected this evening, I am submitting comments in writing on behalf of our Task
Force Committee instead of speaking at public comment.
Dear Mayor Moon, Mayor Pro Tem Mills and City Council members,
I am writing to you as co-Chair of the Transparency Committee of the Ethics, Transparency& Governmental Reform Task
Force on Agenda Items 3D and 4B concerning the proposed vacation rental moratorium and revised City Council Rules of
Procedure,
As I stated in my remarks at the June 1 Council meeting quoting the opinion of the Office of the Attorney General included
in your agenda packages for that evening as well as for the June 15 Council meeting, a standing committee of a legislative
body is itself a legislative body under the Brown Act, and its meetings are subject to the notice, agenda, and public
participation requirements of the Brown Act. As confirmed at the June 15 Council meeting at which you identified standing
and ad hoc subcommittees, the Vacation Rentals Subcommittee is a standing subcommittee and thus a Brown Act
legislative body.
The staff report on the proposed vacation rental ordinance states on page 3 that the Subcommittee recommends the
adoption of a temporary moratorium on the issuance of any new vacation rental certificates, allowing the City to study the
potential impacts. It seems likely that this recommendation was made as a result of the June 23 meeting of the Vacation
Rentals Subcommittee. However, as of yesterday(see attached screenshot)this meeting had not been noticed on the
website page for City Council subcommittees. The meeting notice was posted there earlier today (screenshot also
attached), A retroactive posting of a notice of a meeting that occurred two weeks ago cannot satisfy the Brown Act
requirements mentioned above. Any future meetings of the Vacation Rentals Subcommittee and all other City Council
standing subcommittees should be duly noticed as required for legislative bodies under the Brown Act.
Section 11 of the City Council Rules of Procedure should expressly state that standing committees of the City Council are
legislative bodies, bound by the provisions of the Brown Act. Consistent with the term used in both the Brown Act and the
Rules of Procedure, they should be called committees and not subcommittees to avoid confusion. Our Task Force
Committee in the Sunshine Ordinance that we drafted has proposed that City Council committees meet at least quarterly,
and we recommend this requirement be adopted as suggested in new Section 12 of the City Council Rules of Procedure.
We also recommend that each standing committee should establish a regular meeting date, time, and place through
adopted policy, resolution, or ordinance. In order for interested stakeholders to be fully informed of the actions of the
subcommittee and provide public comment, an agenda for each meeting should be posted at least 72 hours in advance. If
the meeting is not needed or needs to be rescheduled, a notice of cancellation or notice of rescheduling should be
published in the same manner as an agenda would be published and noticed, including 72-hour notice.
Respectfully submitted,
David Freedman
t 1. Rm 3:D y. D-
71612016 City of Palm Sprirgs:City Co rail Subcommittees
� �
PALM SPRINGS CITY COUNCIL SUBCOMMITTEES
City Council Standing and Ad Hoc Subcommittees
Standing Subcommittee Meeting Notices/Agendas:
• 2016-06-27 Business Retention Subcommittee
• 2016-06-07 Nub / CVEP Subcommittee
• 2016-06-06 Ethics, Transparency and Governmental Reform Task Force
2016-05-26 Budget & Finance Subcommittee
2016-05-17 Budget & Finance Subcommittee
• 2016-05-02 Budget & Finance Subcommittee
• 2016-04-28 Business Retention Subcommittee
• 2016-04-25 Budget & Finance Subcommittee
• 2016-04-07 Budget & Finance Subcommittee
http:/Aw .paimsprirgsm.goWgave erNaty-clerkldty-cwrril-submnmitice V7
7M2016 City of Palm*irgs:City Council Subcommittees
� �
PALM SPRINGS CITY COUNCIL SUBCOMMITTEES
City Council Standing and Ad Hoc Subcommittees
Standing Subcommittee Meeting Notices/Agendas:
• 2016-06-27 Business Retention Subcommittee
• 2016-06-23 Vacation Rental Subcommitte
• 2016-06-07 iHub / CVEP Subcommittee
• 2016-06-06 Ethics, Transparency and Governmental Reform Task Force
• 2016-05-26 Budget & Finance Subcommittee
• 2016-OS-17 Budget & Finance Subcommittee
• 2016-05-02 Budget & Finance Subcommittee
• 2016-04-28 Business Retention Subcommittee
• 2016-04-25 Budget & Finance Subcommittee
• 2016-04-07 Budget & Finance Subcommittee
[tV./w .palmspringsca.gw/gmer=eWcity-cleWcity-council-subcommittees 1/1
Jay Thompson
From: Paul Zak <paulinps@icloud.com>
Sent: Saturday,July 02, 2016 11:44 AM
To: Robert Moon; Chris Mills; Ginny Foat; Geoff Kors; 1R Roberts
Cc: David Ready;Jay Thompson
Subject: Several Matters before the Council
Dear Mr. Mayor and Members of the City Council:
I am writing in rfeerence to several matters which will be coming before you in the short-term. Unfortunately I
am unable to make Wednesday meetings, so I am writing instead, and wish my comments to be part of the
official record. These are not listed in order of importance.
Prayer at Council Meetings:
I think prayer should be abolished as a separate religious invocation. I believe in separation of Church
and State and I think having prayer at governmental meetings may confuse the separation, especially when
prayer is given a special place at the beginning of meetings. Also, with the recent spate of so-called "religious
freedom" bills being proposed and enacted around the country, we need to be doubly careful to preserve the
separation. Official prayers by official representatives of whatever faith community have no place at City
Council meetings. If someone during public comments wishes to offer a prayer, that is their right. It then
carries the weight of any other pubic comment.
Public restrooms and Transgender people:
I would advocate for all single verson bathrooms at public facilities to be all gender, marked with
appropriate signag_e. I would also hope City Council would pass an ordinance that anyone doing business in
Palm Springs needs to make their single person bathroom all gender. For any facilities having multi-person
male and female bathroom designations, I also believe that transgender people should be able to use the
bathroom of the gender with which they identify, and I think City ordinances should mandate this.
City contracting:
The City of Palm Springs should be prohibited from contracting with entities that discriminate based on
race, religion, sexual orientation, gender identity, nationality, disability, etc. The prohibition should include
those who do not provide equal benefits to their employees and their spouses/domestic partners
Gun Safety:
The United States is out of hand with the availability of weapons. The interpretation of the Second
Amendment has run amok, and we need sensible gun legislation, such as the following:
1. universal background checks to purchase guns and/or ammunition;
2. a ban on assault weapons and high-capacity magazines;
3. a pro-active ability on the part of physicians, mental health professionals, police to ban those
considered a danger to self or others from having access to guns until such time as their status may change;
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4. the prohibition of people who are on the terror watch list and banned from flying from
buying/owning guns. I realize that the terror watch list can be inaccurate and that people need a right to due
process to clear their names. However, the principle of"no fly-no buy" remains valid.
5, a requirement that guns have locks, to keep guns locked if not in the owner's control
6. a requirement to report lost or stolen guns to police within 48 hours of when the owner knew or
should have known of the theft.
Vacation Rentals:
I think the City should impose a moratorium on issuing permits for additonal vacation rentals until
March 2017. This issue needs to be studied more in terms of density of vacation rentals in neighborhoods, how
effective current enforcement is and where the gaps are; the possibility of stricter financial penalties for abuse
of City ordinances (noise, parking, etc); compliance with ADA regulations.
I realize that vacation rentals bring in TOT. Once that is mentioned it seems many people want to end
the conversation. But quality of life in our neighborhoods trumps TOT from vacation in rentals, in my
opinion. But, I do not believe it has to be "either-or." To find solutions will take some time and issuing the
moratorium gives some breathing space to come up with solutions which might be better for Palm
Springs. Anaheim has banned all vacation rentals because of their proliferation and associated problems. I do
not think we necessarily want to get to that point but the status quo is not sufficient to allow us permanent Palm
Springs residents to enjoy the quiet use of our property in a real neighborhood, not one transformed into mini-
motels with a constant influx of strangers who have no investment in the neighborhood.
Thank you.
Sincerely,
Paul Zak
2177 Paseo Roseta
Palm Springs, CA 92262
paulinpsgicloud.com
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