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HomeMy WebLinkAbout5/16/2012 - STAFF REPORTS - 2E ?ALM Sp4 iy c V N A 40 YSOq (FORN�R p- City Council Staff Report 4< DATE: May 16, 2012 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1807, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE MEMBERS AND TWO ALTERNATE MEMBERS FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1807. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1807, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010 AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATE MEMBERS." STAFF ANALYSIS: On May 2, 2012, Ordinance No. 1807 was introduced for first reading, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010 AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATE MEMBERS." ACTION: Waive the reading of the full text of the Ordinance, and introduce by title Ordinance No. 1807, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010 AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATE Item No. 2 . E . ADOPTION OF PROPOSED ORDINANCE NO. 1807 May 16, 2012 Page 2 of 2 MEMBERS" amending the Ordinance to provide that alternate members may vote on subcommittees they are appointed and alternate members may vote if the full nine primary members are unable to vote. Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. This report provides for the City Council to waive further reacting and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, Es D. City Clerk City Manager /kdh Attachment: Ordinance No. 1807 02 ORDINANCE NO. 1807 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010 AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATES. City Attorney Summary The current number of members to the Measure J" Oversight Commission is seven (7) members. This Ordinance would increase the number of members to nine (9) members and two (2) alternates. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 2.59.010 of the Palm Springs Municipal Code is amended to read: 2.59.010 Creation and Membership. A. There is created within the City of Palm Springs the Measure "J" Oversight Commission consisting of nine (9) members, appointed by the City Council, to serve at the pleasure of City Council. B. Two (2) alternates may be appointed by the City Council and serve at the pleasure of the City Council. C. The membership of the Measure "J" Oversight Commission may include, but is not limited to, residents with accounting or financial backgrounds and expertise. SECTION 2. Section 2.59.020 of the Palm Springs Municipal Code is amended to read: 2.59.020 Term; Vacancies; Vote. A. Members and alternates of the Commission shall serve for the term provided by Chapter 2.06 of the Palm Springs Municipal Code, except that in order to ensure a stagger of appointees, the initial appointments shall be for staggered terms as determined by the City Clerk. B. A vacancy in the Commission shall not impair the right of the remaining members to exercise the powers of the Commission pursuant to this chapter. Five (5) 03 Ordinance No. 1807 Page 2 members shall constitute a quorum of the Commission, and any ruling, decision or other action of the Commission may be taken by a majority of those members present, provided a quorum is present. C. Alternates of the Commission appointed pursuant to Subsection B of Section 2.59.010 may participate in all discussion of the Commission and may be appointed to any subcommittees created by the Commission. Alternates are eligible to vote on matters before the subcommittee they are appointed to, as created by the Commission. D. Alternates of the Commission appointed pursuant to Subsection B of Section 2.59.010 shall not be eligible to vote on matters before the Commission except that an alternate is eligible to vote on matters before the Commission if one or more of the members are absent. The Commission shall within 60 days of its initial meeting adopt by resolution, Rules of Procedure, which shall include and provide a method for alternates to vote on matters before the Commission, when one or more of the members are not present or unable to vote. SECTION 3. 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 provision of law, and this Ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 16T" DAY OF MAY, 2012. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 04 Ordinance No. 1807 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1807 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 2, 2012, and adopted at a regular meeting of the City Council held on May 16, 2012, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: May 16, 2012 Subject: Ordinance No. 1807 - Summary 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 was published in the Desert Sun on May 26, 2012. 1 declare under penalty of perjury that the foregoing is true and correct. F+oJ�P Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 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 was 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 May 22, 2012. 1 declare under under penalty of perjury that the foregoing is true and correct. U-�l3c�J Kathie Hart, CMC Chief Deputy City Clerk The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs, CA 92262 760-778-4578/Fax 760-778-4731 State Of California ss: County of Riverside Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 922632 2000320491 1 am over the age of 18 years old, a citizen of the United States and not a party 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 panel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: .The Desert Sun No 1445 CITY OF PALM SPRRNi3 ORDINANCE.NO.1807 5/26/2012 AN ORDINANCE OF THE"CITY OF.PALM SPRINGS, CALIFORNIA, AMENDING SEG- TIONS 2.59.010 AND 2.59.020.OF THE PALM SPRINGS MUNICIPAL CODE INCREASING THE NUMBER OF MEMBERS 6N THE MEAS- MISSIO AND TWO ALTERNATE MEMBERS.N TO NINE City Attorney Summary The current number of members to the Measure V Oversight Commission is seven(7)members. This Ordinance vmWd Increase the number of I acknowledge that I am a principal clerk of the printer of members to nine(9)members and two(2)after- The Desert Sun, printed and published weekly in the City note membem. . of Palm Springs, County of Riverside, State of California. CERTIFICATION STATE OF CALIFORNIA) The Desert Sun was adjudicated a newspaper of general COUNTY OF RIVERSIDE)as. circulation on March 24, 1988by the Superior Court of the PITY OF PALM SPRINGS) County of Riverside, State of California Case No. 1,JAMES THOMPSON,C�'dfyy Cle�rk of the City of Palm Springs Cellfomia,tlo Clerk cerfilysmt Or- 191236. dinerce No.1907 is a full,two,and correct wpy� r and was introduced at a regular.meetlng of Ne Palm SPrinms City Councl on May 2 Z012 and f atl0000tfe aterepuler meetingg of the CriNtv Council I declare under penalty of perjury that the foregoing is true Ireldon May 16,2012bythefdluwingvghe:- and correct. Executed on this 26th dayof May, 2012 in AYES:Camcllmembers Lewin,Hutcheson,Mills, Y Mavor Pm Tom Foal,and Mayor Pougrwt... ..� NOES: None Palm Springs,Cal nia. ABSENT: None /i ABSTAIN:.None JAMES THOMPSON,CITY CLERK PuOfidod:SM2 c arent' Signature yA6-R A CITY OF PALM SPRINGS ORDINANCE NO. 1807 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010 AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATE MEMBERS. City Attorney Summary The current number of members to the Measure "J" Oversight Commission is seven (7) members. This Ordinance would increase the number of members to nine (9) members and two (2) alternate members. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1807 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 2, 2012 and adopted at a regular meeting of the City Council held on May 16, 2012 by the following vote: AYES: Councilmembers Lewin, Hutcheson, Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None ABSENT: None ABSTAIN: None MES THOMPSON, CITY CLERK ORDINANCE NO. 1807 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTIONS 2.59.010 AND 2.59.020 OF THE PALM SPRINGS MUNICIPAL CODE, INCREASING THE NUMBER OF MEMBERS ON THE MEASURE "J" OVERSIGHT COMMISSION TO NINE AND TWO ALTERNATE MEMBERS. City Attorney Summary The current number of members to the Measure "J" Oversight Commission is seven (7) members. This Ordinance would increase the number of members to nine (9) members and two (2) alternate members. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDAINS: SECTION 1. Section 2.59.010 of the Palm Springs Municipal Code is amended to read: 2.59.010 Creation and Membership. A. There is created within the City of Palm Springs the Measure "J" Oversight Commission consisting of nine (9) members, appointed by the City Council, to serve at the pleasure of City Council. B. Two (2) alternate members may be appointed by the City Council and serve at the pleasure of the City Council. C. The membership of the Measure "J" Oversight Commission may include, but is not limited to, residents with accounting or financial backgrounds and expertise. SECTION 2. Section 2.59.020 of the Palm Springs Municipal Code is amended to read: 2.59.020 Term; Vacancies; Vote. A. Members and Alternate Members of the Commission shall serve for the term provided by Chapter 2.06 of the Palm Springs Municipal Code, except that in order to ensure a stagger of appointees, the initial appointments shall be for staggered terms as determined by the City Clerk. B. A vacancy in the Commission shall not impair the right of the remaining members to exercise the powers of the Commission pursuant to this chapter. Five (5) Ordinance No. 1807 Page 2 members shall constitute a quorum of the Commission, and any ruling, decision or other action of the Commission may be taken by a majority of those members present, provided a quorum is present. C. Alternate Members of the Commission appointed pursuant to Subsection B of Section 2.59.010 shall participate in all discussion of the Commission, and may be appointed to any subcommittees created by the Commission. Alternate Members are eligible to vote on matters before the subcommittee they are appointed to, as created by the Commission. D. Generally, Alternate Members of the Commission appointed pursuant to Subsection B of Section 2.59.010 shall not be eligible to vote on matters before the Commission. Alternate members are eligible to vote on matters before the Commission if any of the nine primary members are absent or otherwise unable to vote. The Commission shall within 90-days of its initial meeting adopt by resolution, Rules of Procedure, to determine and provide a method for Alternate Members to vote on matters before the Commission, when the nine primary members are not present or unable to vote. SECTION 3. 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 provision of law, and this Ordinance shall take effect thirty (30) days after adoption. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 16T" DAY OF MAY, 2012. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1807 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1807 is a full, true, and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on May 2, 2012, and adopted at a regular meeting of the City Council held on May 16, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mils, Mayor Pro Tem Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California