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HomeMy WebLinkAbout2/18/2015 - STAFF REPORTS - 3.A. ;O,Q A LM Sp9 iy c u m <fFO A p.O CITY COUNCIL STAFF REPORT C4N,P DATE: February 18, 2015 LEGISLATION SUBJECT: AN URGENCY ORDINANCE AND A NON-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 SUSPENSION OF REGULATORY ORDINANCES FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The City Attorney's Office is recommending the Council adopt an urgency ordinance and introduce a non-urgency ordinance which amend provisions of the Palm Springs Municipal Code to preserve and reaffirm the City Council's ability to call-up for review actions or decisions of any of the City's boards and commissions, including the City's Planning Commission and clarifies certain practices related to the suspension of regulatory ordinances. RECOMMENDATION: 1. Waive the reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. , "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 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE." 2. Introduce on first reading, and refer to the Planning Commission, Ordinance No. "AN 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 7.08.030 OF THE PALM SPRINGS MUNICIPAL CODE." BACKGROUND & SETTING: The City of Palm Springs has had a long standing policy and practice of providing the City Council with the authority to review, approve, modify, or overturn decisions and actions of the City's boards and commissions. This authority includes decisions and actions of the City's ITEM NO. W _ PALM SA c V N �`°l R CITY COUNCIL STAFF REPORT CQ� FON�P DATE: February 18, 2015 LEGISLATION SUBJECT: AN URGENCY ORDINANCE AND A NON-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 SUSPENSION OF REGULATORY ORDINANCES FROM: David H. Ready, City Manager BY: Douglas Holland, City Attorney SUMMARY The City Attorney's Office is recommending the Council adopt an urgency ordinance and introduce a non-urgency ordinance which amend provisions of the Palm Springs Municipal Code to preserve and reaffirm the City Council's ability to call-up for review actions or decisions of any of the City's boards and commissions, including the City's Planning Commission and clarifies certain practices related to the suspension of regulatory ordinances. RECOMMENDATION: 1. Waive the reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. "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 2. Introduce on first reading, and refer to the Planning Commission, Ordinance No. AN 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 BACKGROUND & SETTING: The City of Palm Springs has had a long standing policy and practice of providing the City Council with the authority to review, approve, modify, or overturn decisions and actions of the City's boards and commissions. This authority includes decisions and actions of the City's ITEM NO. City Council Staff Report February 4, 2015 City Council Call-Up Ordinance Page 2 of 2 Planning Commission. The basic premises of this authority is vested in the basic concept that the City Council is ultimately responsible for the governance of the City and that the City Council should have the authority to review the actions and decisions of its subordinate boards and commissions to ensure that the policies and goals of the City Council are maintained and preserved. These ordinances amend existing provisions of the City's municipal code that provide for the Council's ability to initiate review of any decision or action a city board or commission. The amendments are necessary and desirable to ensure that the City's current practice of the "call-up" will be consistent with requirements recent judicial developments. The City's practice is not considered an appeal of any decision but is rooted in the concept 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 deliberation and consideration. The ordinances eliminate the reference to an appeal process and establish a separate review process for Council call-ups. One of the ordinances is an urgency ordinance and will become effective upon adoption. It requires a 4/5ths vote for passage. The second ordinance is a non-urgency ordinance that requires introduction, submission to the Planning Commission for review and recommendation (since the ordinance also amends the City's Zoning Ordinance), and adoption (second reading) by the Council, with it becoming effective thirty days after adoption. The ordinance also makes a modification to the City's suspension of regulatory ordinances by reaffirming the City Manager's authority to suspend such ordinances from time to time for city sponsored events. CONCLUSION: Staff recommends the City Council adopt the urgency ordinance and introduce and refer to the Planning Commission the non-urgency ordinance. FISCAL IMPACT: None ask� � Dougl Holland, City Attorney David H. Ready, Ci r c: Urgency Ordinance and Non-Urgency Ordinance 02 ORDINANCE NO. AN 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 City Attorney Summary This 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. 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 this practice 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 City Council finds that decisions that could have important or significant effects on the City or its residents should not automatically be allowed to become final because of the lack of a timely appeal. The Council specifically declares that public policy on important community issues should not be decided by default. It is the intent that the City Council should retain the ability call-up and review the decisions and actions of its subordinate boards and commissions in order 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 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. 03 Ordinance No. Page 2 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. (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. 04 Urgency Ordinance No. Page 3 (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 _ DAY OF 12015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 05 Ordinance No. 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 Ordinance No. is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the day of , 2015, and adopted at a regular meeting of the City Council held on the day of , 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 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 (4/5THS VOTE) City Attorney 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 this practice 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 City Council finds that decisions that could have important or significant effects on the City or its residents should not automatically be allowed to become final because of the lack of a timely appeal. The Council specifically declares that public policy on important community issues should not be decided by default. It is the intent that the City Council should retain the ability call-up and review the decisions and actions of its subordinate boards and commissions in order 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 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 07 Urgency Ordinance No. Page 2 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. 08 Urgency Ordinance No. Page 3 (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 _ DAY OF 12015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 09 Urgency Ordinance No. 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 Ordinance No. is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the day of , 2015, and adopted at a regular meeting of the City Council held on the day of , 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 10 Jay Thompson From: Robert Stone <abcdpalmsprings@gmail.com> Sent: Wednesday, February 18, 2015 4:42 PM To: .ay Thompson; David Ready; Ginny Foat; Steve Pougnet; Chris Mills; Paul Lewin; Rick Hutcheson Cc: skip.descantC desertsun.com Subject: Item 3A on Council's February 18, 2015 Council Agenda I am writing to raise objection to this agenda item which contains both an Urgency Ordinance and a non- Urgency Ordinance which revise and amend the City's Municipal code as it related to Council call-ups of Board and Commission decisions and the decision to delegate the waiver of City Ordinances to the discretion of the City Manager for Special Events. This proposal contains provisions w hich kneecap the powers of the City's Boards and Commissions. It replaces the proscribed public review process by malting sure that no decision of a Board or Commission is ever final if one member of Council chooses to single it out for reversal. The assertion in the text of this proposed ordinance state these "call-ups" do not reflect the Mayor or a Council member's predisposition about a prior Board or Commission decision. That assertion is preposterous on the face of it. If this were not the case, no such procedure would be necessary. I also object to the fact that this change is being codified and rushed through with two essentially identical ordinances, with one of them dcsienated as an "Urgency Ordinance" that will go into effect as soon as Council votes tonight. What is the urgency? The members of ABCD believe this fabricated "urgency" is a transparent attempt to push through a favored developer's project with maximum speed and avoid the scrutiny it deserves. We fully expect such a project to appear on Council's next agenda. Frank J. Tysen for ABCD oz+ r8IZo15 TT�-t 3.c1 I ORDINANCE NO. 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 (4/5THS VOTE) City Attorney 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 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 ?.�t . a0�5 N& Wm wv�km?\ kw\ '�P� Urgency Ordinance No. Page 2 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. Page 3 (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 DAY OF 12015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Urgency Ordinance No. 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 Ordinance No. is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the _ day of_, 2015, and adopted at a regular meeting of the City Council held on the day of _, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. AN 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 City Attorney Summary This 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. 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 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 Ordinance No. _ Page 2 decision or presumed to have a bias for or against such decision or action. 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. (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. Ordinance No. _ Page 3 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 Council. 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 thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS DAY OF 12015. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. _ 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 Ordinance No. is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the day of_, 2015, and adopted at a regular meeting of the City Council held on the day of _, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA92262 760-7784578/Fax 760-778-4731 = P f L m S 2015 MAR -9 Ai1 9' 48 State Of California ss: ,, ,��� County of Riverside ttir CLEr Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000566344 1 am over the age of 18 years old, a citizen of the United States and not a parry to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: No 0296 Newspaper: .The Desert Sun ORDINANCE No.1673 AN URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS CALIFORNIA AMENDING SECTIONS 2.06.6J0 6.12 030 AND 94 10.00 OF 3/6/2015 RE- LATING PALM ToC5pUINCISL MUNICIPAL CODE SION AND BOARD ACTIONS CALL UP OF COMMIS- PENSION OF REGULAATTOR A Y SU OR THE S 8.12.030'OF THE PALM SPRINGS MUNICIPAL CODE. This Urrggaenuyp f1°"Oa Qly a dre9lMms the IegismMe aM ad)udNafory of the Chy Counciltos of end NiNtlaelledC rev won actives or decisions is c re boards end commissions. The I acknowledge that I am a principal clerk of the printer of ordin9nce also amrrns the ability or ma Cl The Desert Sun, printed and published weekly in the City aaN99esofm c' nd hum dme m ante regulaClry of Palm Springs, Count of Riverside, State of California. nonce goes intoe6 °na"��ts. Thin Ordf- Y vote. Po dopaon by 4/Sms The Desert Sun was adjudicated a newspaper of general CERTIFICATION circulation on March 24, 1988 by the Superior Court of the STATE OF CALIFORNIAE))� County of Riverside, Stale of California Case No. COUNTY OF Paul SPRSI GS) 191236. 9 I JAMES THOMPSON, CyN Clerk of the C��'1yy of dakn Spnn% hereby ' CM Met Ur99ncy Ordi-. onflee was ce edp11873 Ls a lull,We and rgrrad cep i- I declare under penalty of perjury that the foregoing is true an plop ale regular a an. cone Me Palm 0�BC reCouncll on Febmary 18,2015,by the and correct. E ute on this 4th day of March, 2015 in AYES: Coundlmembers Foal, Hutcheson n Palm Sprin , lifornia. Mille Mayor Pro Tern Lewin,and Mayor Pougnet.NOBS: None ABSENT: None ABSTAIN: Nona JAMES THOMPSON CITY CLERK Published;3r0115 City of Palm Springs,Ca1rfmnia De rants Signature 3P CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: February 18, 2015 Subject: Urgency Ordinance No. 1873 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary wes published in the Desert Sun on March 4, 2015. 1 declare-- under penalty of perjury that the foregoing is true and correct. \E 11�k S Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance wes posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on March 2, 2015. 1 declare under penalty of perjury that the foregoing is true and correct. IL\A-a98- Kathie Hart, MMC Chief Deputy City Clerk 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 Attorney 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. 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, Hutcheson, Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None ABSENT: None ABSTAIN: None AMES THOMPSON, CITY CLERK City of Palm Springs, California 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 Attorney 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 Page 3 (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 4" DAY OF MARCH, 2015. 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, Hutcheson, Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None ABSENT: None ABSTAIN: None JAMES THOMPSON, CITY CLERK City of Palm Springs, California