HomeMy WebLinkAbout1873 ORDINANCE NO. 1873
AN URGENCY ORDINANCE OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.06.030,
6.12.030, AND 94.10.00 OF THE PALM SPRINGS
MUNICIPAL CODE RELATING TO COUNCIL CALL UP OF
COMMISSION AND BOARD ACTIONS AND THE
SUSPENSION OF REGULATORY ORDINANCES 6.12.030
OF THE PALM SPRINGS MUNICIPAL CODE.
City Attomey Summary
This Urgency Ordinance amends and reaffirms the legislative and
adjudicatory authority of the City Council to call-up and initiate the review
of actions or decisions of city boards and commissions. The Ordinance
also reaffirms the ability of the City Manager to suspend from time to time
regulatory ordinances for city sponsored events. This Ordinance goes into
effect upon adoption by 4/5ths vote.
The City Council of the City of Palm Springs finds:
A. The City Council of the City of Palm Springs has retained to itself, as the final
legislative and adjudicatory decision maker of the City, the ability to initiate the review of
decisions and actions of the City's boards and Commissions, a practice that has is also
referred to as a "Council call-up" or simply a "call-up."
B. The City Council finds and declares that the practice of the Council call-up has
allowed the City Council to review decisions and actions that could become final in the
event such matters are not appealed to the City by an applicant or any interested
person who, pursuant to the provisions of the Palm Springs Municipal Code, are
"aggrieved" of the decision or action of the board or commission. The Council
specifically declares that public policy on important community issues should not be
decided or applied by default. The City finds that the ability of each member of the City
Council to request City Council review and consideration of decisions and actions of
City boards and commissions that could have important or significant effects on the City
or its residents should be preserved. It is the intent of the City Council that it should
retain the ability to call-up and review the decisions and actions of its subordinate
boards and commissions in order to assist in the provision of consistent application of
city policies and practices for the benefit on the City and to preserve, enhance, and
protect the public health, safety, and welfare.
C. The City Council further finds that the initiation of review by a councilmember is
not by itself evidence of a bias against or for any decision or action but a declaration
that at least one councilmember finds the matter is an issue of vital concern to the
community and/or its residents and is an issue that warrants Council consideration.
D. The City Council further declares that its long standing practice of Council review
Urgency Ordinance No. 1873
Page 2
of board and commission decisions and actions shall not be deemed an appeal nor
shall any councilmember who initiates a review be deemed a person aggrieved of a
decision or presumed to have a bias for or against such decision or action.
E. This Urgency Ordinance expressly reaffirms and ratifies the existing City practice
and policy that allows Councilmembers to call-up and review decisions and actions of
subordinate boards and commissions to ensure that such decisions and actions are
consistent with policies and practices of the City. The Council therefore finds and
determines, pursuant to the provisions of Section 312 of the Palm Springs Charter, that
this Ordinance promotes and protects the public health, safety, and welfare of the
people of the City of Palm Springs and provides for the maintenance and preservation
of consistent application of City policies and programs.
The City Council of the City of Palm Springs, California, ordains:
SECTION 1. Section 2.06.030 of the Palm Springs Municipal Code is amended
to read:
2.06.030 Councilmember Review of Decisions.
(a) Any member of the City Council of the City of Palm Springs may initiate a review
of any decision or action of a City Council appointed commission or board that is not
otherwise before the City Council by giving notice thereof to the City Clerk. The Notice
of Review shall be submitted to the City Clerk no later than fifteen days following the
date of the action which is the subject of the review. The Notice of Review shall not be
deemed an appeal of a commission or board decision or action and the hearing thereon
shall be conducted pursuant to the provisions of this Section.
(b) The City Clerk, upon receipt of the Notice of Review, shall set a time and place
for the hearing of the matter for which the review was requested. The hearing on the
review shall be heard no more than forty-five days following the filing of the notice of
review.
(c) Notice of the time and place of the hearing on the review shall be mailed or
otherwise delivered by the City Clerk to the applicant, if any, and all other persons, if
any, to whom notice of the initial application or action was required, not less than ten
days prior to hearing. If publication of the initial application or action being appealed was
required, the notice of appeal shall be published in like manner.
(c) The action of the council appointed commission or board shall be set aside and
the City Council shall conduct a public hearing de novo on the review. All persons shall
have the right to be heard by the City Council either in person, in writing, or by
representative. Technical rules of evidence shall not apply in proceedings under this
Section. No party shall have the right to cross-examine any other party or witness
except for good cause shown to the satisfaction of the City Council.
(d) The City Council shall render its decision within fifteen days following the
conclusion of the hearing on review. Upon finding good cause to do so, the City Council
may extend the time for rendering its decision up to ninety days.
Urgency Ordinance No, 1873
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(e) No later than five days following the rendering of the council's decision the City
Clerk shall mail or otherwise deliver a copy of said decision to each party or person who
presented evidence during the proceedings, or who requested to be furnished a copy of
the decision. Failure of the City Clerk to mail or deliver a copy of the decision to each
such party or person shall not affect the finality or effectiveness of the decision. The City
Council's decision shall be final.
SECTION 2. Section 6.12.030 of the Palm Springs Municipal Code is amended
to read:
6.12.030 Authority to suspend regulatory ordinances.
The City Manager may suspend the operation of any one or more regulatory ordinances
to the extent that such ordinances would otherwise apply to one or more specifically
designated special events conducted, sponsored, co-sponsored or sanctioned by the
City. The ordinances which may be suspended include, without thereby limiting, the
Noise Ordinance, the Sign Ordinance, and any other regulatory ordinances which in the
judgment of the City Manager would interfere with or impede the conduct of such
designated special events. Any decision of the City Manager may be appealed to the
City Council pursuant to the provisions of Chapter 2.05 of this Code.
SECTION 3. Section 94.10.00 of the Palm Springs Municipal Code is amended
to read:
94.10.00 Review by Councilmember.
Any member of the City Council may initiate a review of any planning or zoning
decision of the planning commission not otherwise before the City Council by giving
notice thereof to the City Clerk within the time for filing of a notice of review as
prescribed by Section 2.06.030 of the Palm Springs Municipal Code. City Council
review of a planning or zoning decision of the planning commission shall follow the
procedure provided by Chapter 2.06.030 of the Palm Springs Municipal Code
SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to the provisions of law and this Ordinance shall take
effect immediately.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 18t' DAY OF FEBRUARY, 2015.
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ATTEST: STEPHEK P. POUGNET, MAYOR
MES THOMPSON, CITY CLERK
Urgency Ordinance No. 1873
Page 4
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
Urgency Ordinance No. 1873 is a full, true and correct copy, and was adopted at a
regular meeting of the Palm Springs City Council on February 18, 2015, by the following
vote:
AYES: Councilmembers Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Lewin, and Mayor Pougnet.
NOES: None
ABSENT: None
ABSTAIN: None
MES THOMPSON' CITY CLERK
City of Palm Springs, California